A.The Township Committee hereby finds that the uncontrolled and unregulated disturbance, excavation, filling, and removal of soil has resulted and will result in conditions detrimental to the public safety, health, and general welfare, deterring and hampering the efforts of the Township to effectuate the general purpose of municipal planning
B. Continuation Of the uncontrolled and unregulated disturbance, excavation, filling. and removal of soil will result in serious and irreparable damage to the public health and welfare by reason of the consequent erosion by water and wind, inadequate and improper surface water drainage; interruption of septic and sanitary disposal systems; decrease in or destruction of the fertility of soil; removal of the lateral support of abutting streets, lands, and premises, creation of dangerous depression or pits; creation of dust storms and mosquito breeding places, rendering of lands unfit or unsuitable for their most appropriate uses, and creation of other factors and elements appropriate uses, and creation of other factors and elements hampering and deterring the coordinated, adjusted, and harmonious physical and aesthetic development of the Township.
C. For these reasons, it is hereby established that the uncontrolled and unregulated disturbance, excavation, filling, and removal of soil shall be controlled and regulated as set forth herein.
A. No person, firm, or corporation, shall do , cause, or allow, any of the following actions to occur in the Township of Berkeley Heights. unless and until a soil permit therefor shall first have been issued by the Township Engineer of the Township of Berkeley Heights:
1 The addition of more than one hundred cubic yards of soil to any lot.
2 The removal of more than one hundred cubic yards of soil from any lot.
3 The moving of more than one hundred cubic yards of soil or other material on a lot where said activity results in a change in any of the contours of the lot greater than six inches or results in a change in the drainage characteristics of the lot to the extent that there is increased or decreased runoff to any abutting properties or private or public roads.
B.A soil permit may be transferred The transferee shall be subject to all terms and conditions of said permit
A. The provisions of this Section shall not apply to the following.
1. Excavation for the construction or repair of individual subsurface sewage disposal systems (septic systems) when such construction or repair is performed pursuant to a permit duly issued by the Township Board of Health
2 Commercial site plans approved by the Planning Board or Board of Adjustment provided that the amount of soil to be added or removed from the site is less than 250 cubic yards and the site plan application includes the information required under sections 20.2.4 and 20.2.5 of this Article.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 15-02.
3. Lake or stream dredging, where approval is required by the Soil Conservation District, Bureau of Fish, Game, and Wildlife, New Jersey Department of Environmental Protection and Energy, or any other governmental agency.
4. Landscaping activities, to include but not be limited to, the addition of any amount of soil, provided that the said activity results ill no change in any of the contours of the lot greater than six inches and also does not change the lot's drainage characteristics to the extent that there is increased or decreased runoff to any abutting properties or private or public roads.
5 Farming activities, including plowing, spading, cultivation, harrowing, or discing of soil, or any other operation usually and ordinarily associated with the preparation of soil for agricultural or horticultural purposes.
6. Major subdivisions approved by the Planning Board or Board of Adjustment provided that the amount of soil to be added or removed from the entire tract is less than 250 cubic yards and the subdivision application includes the information required under sections 20.2.4 and 20.2.5 of this Article. This exception specifically does not include the development of individual lots within a subdivision or any subdivision improvements which have not been reviewed by the Township Engineering Department or Planning. Board during the subdivision review process. Such individual lots or other subdivision improvements will remain subject to this Section.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 15-02.
7. Residential site plans approved by the Planning Board or Board of Adjustment provided that the amount of soil to be added or removed from The site is less than 250 cubic yards and the site plan application includes the information required under sections 20.2.4 and 20.2.5 of this Article.
**Webmasters Note: The previous subsection has been added as per Ordinance No. 15-02.
B. If approval is required by either the Soil Conservation Service of the State of New Jersey, Department of Environmental Protection and Energy, or any other governmental agency, such approval shall be required as a condition of approval of the soil permit application, and no soil permit shall be issued until such approval is obtained.
A. An application for a soil permit shall be filed with the township Engineer and shall be accompanied by the fee and escrow deposit prescribed herein Application shall be made in duplicate on forms prescribed by the Township and supplied by the Township Engineer The application shall set forth the following
1 The identity and location of the applicant
2 The description and location of the lands in question, including metes and bounds and tax lot and block.
3 The identity and location of the owner of lands.
4 The purpose and reason for moving the soil
5 In case of removal, the place to which the soil will be removed and the type and quantity of soil to be removed
6 The proposed dates of commencement and completion of the work.
7 All engineer's or surveyor's estimate of the cost of work to be performed
9 Such other pertinent data as the Township Engineer may require.
B. An application fee of Twenty-five ($25.00) Dollars shall accompany each application, to be utilized to offset the general administrative costs of the application In addition to the application fee, the following sums shall be posted in escrow to cover the municipal costs of professional and non-professional services incurred during there view process and also for inspection costs required during the construction process:
1 The sum of Two Hundred Fifty ($250.00) Dollars where the application is for the addition, removal, or movement of two hundred forty-nine cubic yards of soil or less or the placement of soil on any property to a height of less than four feet.
2. The sum of Five Hundred ($500 00) Dollars where the application is for the addition, removal, or movement of between two hundred fifty and four thousand nine hundred ninety-nine cubic yards of soil or the placement of soil on any property to a height of between four and five feet.
3. The sum of One Thousand ($1,000 00) Dollars where the application is for the addition, removal, or movement of five thousand cubic yards of soil or more or the placement of soil on any property to a height of more than five feet
The Township Engineer will not commence his review of the application until the application fee has been paid and the required escrow sums posted. The escrow sums must be in the form of cash, certified check, or money order. All deposits of escrow funds shall be to the official designated by the Berkeley Heights Township Committee Additional escrow funds may be required when the escrow has been depleted to twenty (20%) percent of the original escrow amount The Township Engineer shall not take any further action on the application until adequate additional sums have been deposited by the applicant with the official designated by the Township Committee The escrow funds deposited by the applicant shall be administered in accordance with the procedures outlined in Section 17 If 2 of the Land Use Procedures Code
The application for a soil permit shall be accompanied by a topographical map, in duplicate, of the lands in question. Said map shall be prepared and certified by a licensed professional engineer, architect, or licensed land surveyor as New Jersey law may allow Said map shall be prepared at a scale of no greater than fifty feet to the inch and shall show:
A. The present grades (existing contour lines)
B. The proposed grades as will exist when the work has been completed (future contour lines).
C. The quantity of cubic yards of soil involved in the work (estimated)
D. The topography of all lots and streets within one hundred feet of the property in question
F. Present and proposed surface water drainage and supporting drainage analysis.
G. In the event that there is any area of contaminated soil on any property which is proposed to be disturbed by the movement of soil as requested in the application for a permit, the applicant shall submit with its application current soil boring information (borings taken not more than 24 months prior to the filing of the application) which information shall include, as a minimum, the following information:
1) a certified survey on a scale no less than 1 inch equal 50 feet showing the location of each boring in a boring grid of not less than 25 foot spacing in the effected area and extending at least 25 feet outside of the effected area. The Township Engineer may require a closer spacing in appropriate circumstances to determine the true extent, of the contamination;
2) the depth of each boring, which shall not be less than 3 feet below the lowest proposed disturbance of the site;
3) a complete soil log for each boring identifying the contents of each boring and the depth at which each change in content occurred.
**Webmasters Note: The previous subsection, G., has been added and the remaining subsection has been re-lettered as per Ordinance No. 1-01.
H. Such other pertinent data as may be required by the Township Engineer.
Any application for soil movement of two hundred fifty cubic yards or more shall be reviewed and approved or denied by the Planning Board based upon the standards established herein. Before the application is heard by the Planning Board. the Township Engineer shall review the application and shall forward the same to the Planning Board with written recommendations The Township Engineer shall complete his review of the application and forward the same to the Planning Board within twenty days of his deeming the same complete. Upon receipt by the Planning Board, together with the written recommendations of the Township Engineer, the Planning Board shall schedule a hearing for its next public meeting.
In the event that the application before the Planning Board is for a soil movement of five thousand cubic yards or more, public notice of the said Planning Board hearing shall be given by publication in the official newspaper of the Township at least ten days prior to the date of the hearing. Notice shall also be given to the owners of all real property as shown on the current tax duplicate or duplicates located within two hundred feet in all direction, of the property which is the subject of such hearing and whether located within or without the Township in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner, as shown on the current tax duplicate, or his agent in charge of the property, or mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary, or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice of all hearings on applications for development involving property located within two hundred feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given to the individual owners of lands in such adjoining municipality which are located within two hundred feet of the subject premises.
In considering and reviewing the application and in issuing or denying a permit, the Township Engineer or the Planning- Board shall be guided by the general purposes of municipal planning and shall consider at a minimum the following factors
C. Lateral support of abutting streets or public improvements.
D. Public health and safety.
E.For any lot which will have a lot coverage by all buildings and pavement in excess of fifteen (15%) percent in the R-1 5, R- 1 5A, and R-20 zones, the Township Engineer or the Planning Board, as the case may be, will require on-site provisions for the retention of all sin face water drainage resulting from the said excess coverage over and above the said fifteen (15%) percent The Township Engineer of Planning Board. as the case may be, shall have the ability to waive the requirements of this Paragraph in the event that the Township Engineer or Planning Board determine that the existing drainage facilities servicing the subdivision are adequate to handle the excess surface water drainage resulting from the lot coverage exceeding fifteen (15%) percent. This requirement shall be in addition to any specific surface water drainage requirements that the Township Engineer or the Planning Board may require for the lot if the same did not exceed the percentage of lot coverage in all buildings and pavement set forth above
F. Such other factors as may bear upon or relate to the coordinated and harmonious physical development of the Township.
A.Before any permit shall be issued, the applicant shall file with the Township Clerk of the Township of Berkeley Heights any performance bond required by the Township Engineer or the Planning Board with satisfactory surely in the amount set by the Township Engineer or the Planning Board The bond shall be conditioned upon full and faithful performance by the permit holder within the time specified in the application of all proposed work as set forth in the application which impacts public improvements. The bond shall also be conditioned upon the repair, at the expense of the applicant, of any street or streets damaged by the transportation of soil in connection with the permit if in the judgment of the Township Engineer or the Planning Board such repairs will become necessary. The Township Engineer or the Planning Board may in its discretion designate particular streets which may be used for transport of soil. The sufficiency or the bond as to form shall be determined by the Township Attorney
B. The Township Engineer or the Planning Board in its reasonable discretion may waive the requirement of the posting of a performance bond Consideration shall be given to the following factors if the bond provision is waived.
1. The volume of soil to be removed as estimated by the Township Engineer.
2. The determination of the Township Engineer as to the extent of work to be done
3. The character of the public improvement affected
4. Such other pertinent data as the Township Engineer or the Planning Board may deem relevant
The permit holder shall not take away the top layer of arable soil for a depth of six inches, but such top layer of arable soil to a depth of six inches shall be set aside for retention on the premises when the lest of the soil has been removed, pursuant to levels and contour lines approved by the Township Engineer or the Planning Board of the Township of Berkeley Heights
A. In the moving of soil, when permission has been du]) granted, the permit holder shall so conduct the operation that there shall be no declivities, pits, or depressions, and in such a manner that upon completion the area shall be properly leveled off, cleared of debris, graded, top soiled to a depth of at lease four inches, and seeded to conform to the contour lines and grades as approved by the Township Engineer or the Planning Board of the Township of Berkeley Heights.
B. When a permit for moving soil has been granted, the permit holder shall keep records as are necessary to show the quantities of soil added, moved, or removed to or moved or removed to or from the land, which ever the case The records shall be so maintained as to allow inspection and audit by the Township Engineer.
C. Adequate measures shall be taken to prevent erosion or the depositing of soil or surface runoff upon surrounding lands
The construction official, Township Engineer, or their designees shall have at all times the right to inspect any property where a permit has been issued under the provisions of this Article In order to facilitate this right of inspection, the permit holder shall cause sufficient grade and boundary stakes to be put in place while work is going on or about to commence.
Nothing contained herein shall diminish any requirements of the applicant to obtain Somerset-Union Soil Conservation District approval when required The requirements of this Section are in addition to the said soil district approval requirements
Nothing contained herein shall be construed to affect or apply to any person engaged in the moving of soil in and upon lands pursuant to any government-sponsored soil conservation program.
No soil movement shall take place which would result in a dangerous, unsightly, unsafe. or unhealthful condition Appropriate safety precautions shall be taken during all soil movement activities.
A. All construction materials which have not been utilized during the construction process shall be removed from the lot after construction has been completed and before a certificate of occupancy is issued
B. All natural wood debris developed during the construction process will be removed from the lot after construction has been completed and before a certificate of occupancy is issued
C. Before a certificate of occupancy is issued, a construction site will be inspected by the construction official, Township Engineer, or their designees and found to be in satisfactory condition relating to debris removal.
The maximum penalty for the violation of this Section shall be. upon conviction, a fine not to exceed One Thousand ($1,000.00) Dollars or imprisonment for a period not exceeding ninety days, or both. The minimum fine for the violation of this Section shall be One Hundred ($100 00) Dollars Each and every day in which a violation of any provision of this section takes place shall constitute a separate violation for the purposes of a penalty
All soil permits issued pursuant to this Section shall be valid for two years from the date of issue upon the permit's expiration, all work being conducted pursuant thereto will immediately cease In the event a permit holder has not completed its work pursuant to the permit issued , the said permit holder will be required to reapply for a new permit within thirty days of the said permit's expiration in accordance with the provisions of this Section. The reissued permit may be for less than two years The permit holder is required to complete all work pursuant to the terms of the original permit or the reissued permit terms. To not complete all of the said work, if any work under the permit is commenced, shall be a violation of the permit
