§ 245-7. Application for major soil moving permit., Chapter 245. Soil Removal and Relocation, Part II. General Legislation, Code of Ordinances, Netcong

Forms; contents. On forms prescribed and supplied by the Planning Board, the applicant shall set forth, in duplicate to the Planning Board, with carbon copies to the Engineer and Zoning Enforcement Official's office:

(1)

The name, address and telephone number of the applicant.

(2)

The names, addresses and telephone numbers of the owners of the premises.

(3)

If the soil moving application is submitted in conjunction with site plans and subdivisions and the applicant or owner is a corporation, the names, addresses and telephone numbers of the officers of the corporation, the board of directors and each and every stockholder of record possessing greater than ten-percent interest in the stock of the corporation.

(4)

The relationship between the applicant and the owners.

(5)

The interest that the applicant has in the lands in question.

(6)

The description of the lands in question, including lot and block numbers of the lot or lots involved and street addresses.

(7)

The purpose or reason for moving the soil and/or fill and whether it will be done in connection with a proposed subdivision; if so, the date of filing the application for subdivision and the approval date of the subdivision.

(8)

A detailed statement or the method of process to be employed for the excavation and the proposed time period for moving.

(9)

The kind and quantity in cubic yards of the soil and/or fill to be moved or removed.

(10)

In case of deposit, removal, or replacement of soil and/or fill, the place to which the soil and/or fill is to be deposited, removed, or replaced and the place from which the quantity of soil and/or fill to be deposited, moved, or removed, in fill and excavation, and the transportation route to be used within the Borough.

(11)

The proposed date of the start and completion of the work, including hours and days of operation.

(12)

The name, address and telephone number of the excavator, contractor or the person having express charge, supervision and control of the proposed excavation work. If this information is not available at time of application, it shall be provided to the Borough Engineering Department in writing before any construction commences.

(13)

The number, capacity, type and description of each piece of equipment to be used in the operation and the number of truckloads to be moved.

(14)

The routes over which the material will be transported and the method of traffic control.

(15)

The method of abating noise and dust in the operation.

(16)

The means of assuring lateral support and preventing erosion, floods and washing of silt into streams.

(17)

The submission of an integral soil and/or fill erosion and sedimentation control plan. This plan shall be approved by the Morris County Soil Conservation District where applicable.

(18)

The means of protecting neighboring properties, or any other properties which may be affected, from the effects of the operation.

(19)

If deemed appropriate by the Engineer, the applicant shall supply a certificate from a surveyor licensed in the State of New Jersey that the applicant has placed or caused to be placed stakes at each corner of the lot or lots on which soil and/or fill is to be moved, and further, that the applicant has placed or caused to be placed grade stakes at the existing elevation points designated on the topographical map pursuant to the provisions of this chapter, clearly marked to indicate the soil cuts and/or fill.

(20)

In the event that the moving of said soil and/or fill is in connection with development or subdivision, all of the information required under the terms of the applicable subdivision ordinance of the Borough.

Editor's Note: See ch. 194, Land Development Procedures, Art. VII.

(21)

Such other pertinent data as the Planning Board of the Borough may hereinafter reasonably require.

(22)

The moving of soil and/or fill in, to, or from floodplains must be approved by the New Jersey Department of Environmental Protection before any municipal permit is obtained.

(23)

The applicant shall submit a certification from a licensed professional engineer or wetlands expert verifying that there are not wetlands located on the property or within 150 feet of the proposed limits of disturbance. If there is any indication that there are wetland areas within the confines of the lot which is the subject of the soil moving application or within 150 feet of the limits of disturbance, then said wetlands shall be delineated on a map to be supplied by the applicant with the application for the soil moving permit. The applicant shall also be obligated to obtain a letter of interpretation from the New Jersey Department of Environmental Protection with regard to the wetlands delineation indicated on said map, and said letter of interpretation shall be submitted to the Borough prior to the issuance of any soil moving permit by the Borough.

(24)

The applicant proposing to import soil and/or fill shall identify the location of the borrow site(s) and shall provide information sufficient to satisfy the Borough Engineer that such soil/fill is clean and free of chemical, biological, or radiological contaminants in accordance with applicable residential soil standards promulgated by the NJDEP.

Signatures. Said application shall bear the signature of the applicant and the endorsement of the owner or owners of said lands signifying approval of the application, consent to the applicant to perform the proposed work and consent to the Borough, in the event of failure of the applicant to do so, to cause the proposed work to be completed or otherwise terminated in keeping with the purposes and objectives of this chapter.

Topographical map.

(1)

Accompanying the application shall be four prints of a topographical map of the lot upon which the proposed soil cut and/or fill moving operations are to be conducted. Said map shall show surrounding lands within 25 feet of the perimeter of the disturbed area and shall be prepared and certified by a licensed land surveyor of the State of New Jersey. The map shall include the following:

(a)

Scale of not less than one inch equals 50 feet;

(b)

Existing and proposed contours at a two-foot interval;

(c)

All existing and proposed structures;

(d)

All existing and proposed roads within 200 feet of the site;

(e)

Location of topsoil storage areas; and

(f)

Elevation of the water table if it is within eight feet of the final proposed grade or a certification that the water table is not within eight feet of the proposed final grade.

(2)

Where a soil moving permit is sought in connection with a subdivision or site plan and a grading plan is submitted as part of the site plan or subdivision application, if the Engineer is satisfied that the grading plan adequately depicts the disturbed area with respect to the amount of soil to be relocated, then, at the discretion of the Engineer, a separate plan would not be necessary as part of the application for a soil moving permit.

Inspection of site.

(1)

The Engineer shall make an inspection of the site on which soil and/or fill is to be moved and shall make or cause to be made such engineering studies as may be required to determine the effect of the movement of soil and/or fill on the location as it relates to:

(a)

Soil and/or fill erosion by water and wind.

(b)

Surface and subsurface water drainage.

(c)

Soil and/or fill fertility.

(d)

Lateral support of abutting streets and lands.

(e)

Public health and safety.

(f)

Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.

(2)

Where the Engineer has deemed stakes appropriate pursuant to Subsection A(19) hereof, the Engineer shall inspect the aforesaid site to determine compliance with said section and whether stakes have been placed at the existing points designated on the topographical map or, a grading plan, where such grading plan has been determined to be acceptable pursuant to Subsection C hereof. Before the Engineer inspects the applicant's land, the applicant's licensed land surveyor shall certify the location of any and all stakes as may be required pursuant to Subsection A(19).

Hearing. The Planning Board shall fix a date for hearing within 45 days after the receipt of the application and shall give to the applicant, either personally or by mail, notice of the time and place of said hearing. The applicant shall, at least 10 days prior to the date appointed for said hearing, serve written notice in person or by certified or registered mail upon such persons as are shown on the municipal tax records to be the owners of such lots within 200 feet of the property in question. The applicant shall also, at least 10 days prior to the date appointed for said hearing, place a legal advertisement in the official newspaper of the Borough, setting forth its request for a soil moving permit, which notice shall include the name of the developer, a description of the property by lot and block, and the street address, the amount of soil and/or fill to be moved, the purpose for which the soil and/or fill is to be moved and the time, date and place of said hearing. The applicant shall, at the hearing, present to the Planning Board satisfactory proof, in affidavit form, of the service and publication of said notices.

Factors to be considered in determining application. In considering the application, the Planning Board shall be guided by the general purposes of municipal planning and shall take into consideration the following factors:

(1)

Soil and/or fill erosion by water and wind.

(2)

Surface and subsurface water drainage.

(3)

Soil and/or fill fertility and soil-bearing capacity.

(4)

Lateral support of abutting streets and lands.

(5)

Public health and safety.

(6)

Land values and uses.

(7)

The general welfare of the municipality and of the citizens of the Borough.

(8)

The proper restoration of the premises after excavation as to safety and aesthetics.

(9)

The effect of flooding upon the premises in question and other property within and without the Borough.

(10)

Whether the proposed work will create a nuisance.

(11)

Whether the proposed work is necessary in connection with the development of the property.

(12)

The effect that the proposed moving of soil and/or fill would have on individual sanitary sewage disposal system and/or water supply systems.

(13)

The preservation of existing watercourses.

(14)

The creation of sharp declivities, pits or depressions.

(15)

Whether the proposed moving of soil and/or fill constitutes a commercial activity.

(16)

Proposed complete site plan or preliminary subdivision plan.

(17)

Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.

(18)

Proposed soil and sedimentation control plan.

(19)

An approved trucking route for the relocated soil so as to prevent any serious traffic problems and to protect the structural integrity of the Borough roadways.

Decision. The Planning Board shall review and consider the completed application, all of the requirements of the provisions of this chapter, the material factors brought up at the public hearing and the reports of other reviewing authorities of the Borough and shall either grant or deny the issuance of said soil permit. If the Planning Board denies the permit, the reason for the denial shall be stated. The Planning Board may also issue a permit with stipulations and conditions. The Planning Board shall grant or deny the application within 45 days of the filing of a complete application or within such further time as may be mutually consented to between the applicant and the Planning Board.