A. Nonassignability of permit Soil movement permits may not be assigned, however, such permits may be transferred to a successor owner of title if

(1) The successor submits written documentation to the Administrative Office establishing such transfer of title,

(2) All requirements or conditions of the permit are continued, and

(3) The successor agrees in writing to assume all the obligations of the permittee

B. Declaration of default, effect In the event that, in the opinion of the Construction Officer or the Borough Engineer, or the approving authority, the project cannot be completed at the rate of progress or within the time specified in the soil movement permit or there is a willful violation of any terms of the soil movement permit or the soil management ordinance, or that soil erosion is not being satisfactorily controlled by seeding, planting or other anti-erosion measures, or that the streets are not being properly cleaned, then the Construction Officer or Borough Engineer may certify in writing to the Borough Council, and the Borough Council may, after notice to the applicant and affording a hearing on the issue, declare a default and notify all persons having an interest in or in charge of the project to discontinue the project The Borough Council may, at its option, upon declaration of default, revoke the soil movement permit and/or call upon the surety to complete the project

C. Cost of traffic safety guard In the event that the Borough Chief of Police shall determine that the conduct of the soil movement operation requires the posting of a full-time or part-time traffic safety guard or inspector, the applicant shall pay, in addition to the fees set forth above, an additional amount to cover the borough's expenses of hiring a traffic safety guard or inspector

D. Temporary change of grade Where soil importation, deposition excavation, moving or removing is permitted, no person, owner, developer or excavator shall deposit soil upon, fill in or raise the grade of any lot without first making provisions for

(1) The preservation of existing wetlands, wetland transition areas and watercourses

(2) Temporary slopes during construction which shall not exceed one foot vertical to one foot horizontal (1 foot 1 foot) for a period of more than 24 hours, unless a safety fence or railing acceptable to the Borough Engineer and having supports spaced no further than 10 feet apart shall be installed along the entire top of the slope

(3) The control of stormwater runoff

(4) The control of soil erosion in accordance with state standards

E. Regulations governing soil movement operations All soil movement operations, including but not limited to excavation, filling, deposition, removal, import, export, grading, transport and tree stump removal, shall be performed in accordance with the state standards and with the following municipal standards (if there is a conflict or duplication, then the state standards shall control) following regulations whether or not a permit is required or has been issued

(1) No tree stumps, boulders, rocks with any dimension greater than 12 inches, and other vegetative and construction debris shall be buried or covered on the property

(2) In dry weather persons conducting soil movement operation(s) shall continuously dampen the ground where such operations are conducted, as necessary to prevent dust

(3) No trucks used shall be loaded above the level of the sides of the truck, to prevent spillage Front end loaders, backhoes and similar equipment shall not be used to transport soil off the premises, on streets or roads All streets, roads, highways, etc , within the Borough of Alpine shall be thoroughly cleaned, at the applicant's expense, each day, of any spillage, or soil on such traveled ways resulting from soil movement, project-related erosion and/or truck operations

(a) "Clean" shall be defined as broom clean

(b) Cleaning operations shall be completed prior to 5 00 p in on each day

(c) Street cleaning operations shall not consist of washing, brooming or blowing soil into gutters, roadside ditches or swales, inlets or inlet filters and any such washing, brooming or blowing shall be deemed a violation of this chapter

(4) All truck loads shall be fully covered (i e , no soil visible) with tarpaulin and, if deemed necessary, treated by water to prevent flying dust

(5) No trucks, equipment, or machinery shall be delivered, removed, started or operated, nor shall any part of the soil movement operation be conducted, before 8 00 a in or after 5 00 p in on weekdays or Saturdays nor at any time on Sundays, nor at any time on the following holidays New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day

(a) Soil movement operation restrictions shall be in effect on the day on which the holiday is legally celebrated

(b) This regulation shall apply to the delivery and/or removal of trucks, material, machinery or equipment to be used in soil movement operations

(6) The entire area covered by the work shall be maintained and left in such a manner, on a daily basis, so as not to create or maintain a nuisance or condition hazardous to life and limb or to the health or general welfare of the inhabitants of the Borough of Alpine All excavations left open overnight shall be fully encircled with protective fencing, properly embedded/braced to the satisfaction of the Borough Engineer Access to all areas with slopes in excess of one vertical to one horizontal (1:1) shall be blocked with protective fencing, properly embedded/braced to the satisfaction of the Borough Engineer

(7) All soil movement operations, including mandatory ground cover work proposed in the application and on the accompanying map, as well as restoration of the property to final grade and revegetation, must be completed within the tune frame stipulated in the permit, or in the extended permit, where applicable

(8) No soil movement shall be allowed which shall cause damage to adjacent properties or prejudicially affect the values of adjacent properties

(9) The Borough Engineer, the Construction Officer, the environmental consultant and members of the governing body, the Environmental Commission, the Planning Board and the Board of Adjustment or any of their agents or experts shall be permitted to inspect the general conduct of the soil movement operations to assure the same are being conducted in full accordance with each and every provision of this chapter and the soil movement permit application approval resolution

(10) Excavation shall not be below applied-for grade levels and fill shall not exceed applied-for grade levels by more than one foot, unless approved by the approving authority

(11) Examination of material

(a) If, prior to or during the course of soil movement operations, the Borough Council or the Borough Board of Health determines that a physical or chemical examination of imported material is required for protection of public health and safety, the Borough Council may retain a soil consultant to examine the fill material at the sole expense of the permit holder

(b) If the results of such examination indicate the presence of material which is harmful, dangerous, toxic or hazardous to the public, all soil movement activity shall cease and the soil in question shall be removed in accordance with the directions of the Borough Engineer, at the sole expense of the owner(s)

(12) All soil erosion and sediment control measures shall be installed at the locations and in accordance with the details shown on the approved plans as required by the state standards and/or the Bergen County Soil Conservation District, prior to the start of soil movement operations on the project

(13) Access to and egress from the site for soil movement operation, delivery and/or construction purposes shall be by way of the stabilized construction entrance(s) shown on the approved plans only

(14) No soil shall be deposited, piled, or stockpiled on paved portions of municipal, county, state or private streets, roads, highways, etc, within the Borough of Alpine, unless in connection with sanitary sewer, drainage or utility (i e , gas, water, electric, cable TV and/or telephone) installations and/or repairs therein

(a) When soil so deposited on paved street surfaces is to remain for more than four hours, a stone filter consisting of three-fourths-inch-diameter clean stone, one foot wide and six inches high, shall be placed around the entire limits of soil

(b) Except in emergency repair situations, no soil shall remain piled or stockpiled on paved portions of streets overnight

(c) Stone used to construct ramps from pavement to top of curb must be clean and not contain any dust or fines

(15) Truck-driven earth-moving equipment shall not be unloaded onto or driven upon any municipal, county, state or private street on which a bituminous intermediate course or a bituminous surface course has been placed

(a) The use of timber mats is required when such equipment is driven over the subject courses

(b) If such truck-driven equipment traverses bituminous pavement, and leaves track marks thereon, the Borough Engineer shall require the applicant to remove and replace the area of pavement so damaged, or, in his discretion, to deposit funds equal in value to the estimated cost of such replacement with the borough to cover future pavement repairs

(16) Once the bituminous intermediate course on roadways, and/or bituminous intermediate or base course on parking areas or drives, is placed, stone inlet filters and/or filter fabric inlet filters shall be installed around/on all inlets, and maintained in place, until the site is stabilized and the Borough Engineer approves their removal, in writing

(17) A flagman or flagmen shall be provided by the applicant if deemed necessary by the Chief of Police or the Borough Engineer Soil movement operations on streets within the borough shall cease unless and until such personnel is/are provided

(18) Soil movement equipment and other construction vehicles shall be stored on the site No soil movement or other construction equipment shall be parked or stored on any road, street, avenue, highway, right-of-way or easement within the borough during the day or night

(19) In the event that the applicant fails to adhere to any of the above regulations within 24 hours from the time of notice to a representative of the developer, either on the site or in the developer's office, the Construction Officer or the Borough Engineer shall have the authority to suspend all work on the project until corrective actions are completed to the Engineer's satisfaction

(a) In this case, soil movement activities may not recommence until a written reinstatement is issued by the Construction Officer.

(b) If the permit is not reinstated by the Construction Officer, the permittee shall be entitled to a review of this suspension within 14 calendar days of the date that the regulations) is/are purported to have been satisfied by the Borough Council In this case, soil movement may not recommence until the Council passes a resolution reinstating the permit, and any and all conditions in said resolution are fully satisfied

(c) Should the developer fail to cooperate in adhering to a specific regulation a second time, the Construction Officer's suspension of work shall automatically be effective until such time as the Borough Council considers the matter, passes a resolution of reinstatement, and any and all conditions of said resolution are fully satisfied

F. Preservation of trees and natural topography In order to prevent erosion and the destruction of the aesthetic characteristics of the Borough of Alpine, any owner or excavator moving soil shall leave as many trees and as much undisturbed natural grade or topography as practicable in all areas except where excavations are made for buildings, driveways and streets Soil shall not be placed within five feet of the base(s) of trees, either on a temporary or on a permanent basis Where and when directed by the Borough Engineer, tree wells equivalent in diameter to the diameter of the canopy of the trees shall be constructed to preserve existing trees No permanent fill shall be placed within the existing tree canopy No excavation or filling shall create a flatter contour if such excavation or filling would destroy existing trees shown on the application map The proposed revegetation and restoration in the disturbed area(s) shall also be shown as part of the application

G. Guaranties

(1) No soil movement permit shall be issued unless and until the applicant or owner of the property shall have posted with the Borough of Alpine a cash guaranty, or a performance guaranty or performance bond, in form and with surety acceptable to the Borough of Alpine, in such amount as the Borough Engineer shall determine, conditioned upon full and faithful performance by the owner, within the tune specified in the permit, of all the proposed work in accordance with the provisions of this chapter and the terms and conditions of the soil movement permit issued pursuant thereto Separate guaranties as required by this chapter shall not be waivable by any approving authority In addition, the release of the guaranty or bond shall be conditioned upon the repair, at the expense of the owner, of any borough street damaged by the transportation of soil material or equipment used in connection with the operation if, in the judgment of the Borough Engineer, such repairs are deemed to be necessary The term "expense" as used in this section includes the cost of supervision or activities incurred by the Borough Engineer, the Borough Attorney and or other borough personnel in connection with such repairs The cash guaranty, performance guaranty or bond shall not be released until all soil deposited in storm drains or drainage facilities as a result of the soil movement operation is removed to the satisfaction of the Borough Engineer

(2) Revegetation guaranty

(a) Each applicant shall post with the borough a separate amount, in the form of cash or a bond, to guarantee the proper revegetation and stabilization of all disturbed land areas

(b) This revegetation guaranty shall be calculated at the current cost for complete stabilization (including seed, fertilizer, mulch and fixative) for the entire site plus the estimated cost for site and soil preparation, grading, and shaping

(3) As-built plan

(a) Upon the completion of all work for which a soil movement permit has been issued, the owner shall submit an as-built plan prepared by a licensed land surveyor of all disturbed areas, and a written request to the Construction Officer for the release of the performance and/or revegetation. guaranties

(b) The Borough Engineer shall review the as-built plan and determine if the work has been performed in accordance with the provisions of this chapter and issue his findings and recommendations to the Construction Officer Upon receipt of the Borough Engineer's certification that the work has been completed in a good and workmanlike manner, the Construction Officer shall consider the release of the performance and/or revegetation guaranties

(4) Notwithstanding the provisions of this Subsection G, no separate performance and/or revegetation guaranty shall be required if performance and/or revegetation. is already secured by other posted guaranties

H. Contents of permit, execution of agreement The soil movement permit shall set forth all of the conditions under which the same was granted and the time within which said soil movement shall be completed If the permit is authorized by the Planning Board or Board of Adjustment in conjunction with an application for development, the applicant shall execute a developer's agreement containing the terms and conditions of the permit The soil movement permit shall not be issued until the developer's agreement is signed by all parties and until the performance and/or revegetation guaranties are posted

I. Enforcement, inspections

(1) This chapter shall be enforced by the Borough Engineer, the Construction Officer, the Borough Council or its designee, or members of the Borough Police Department

(2) On-site inspection of soil movement shall be restricted to the Borough Council or any of its membership, the Environmental Commission or its consultant, the Borough Engineer or his/her representatives, the Construction Officer, Planning Board members, Board of Adjustment members, the Borough Council's designee, or members of the Borough Police Department

(3) The Bergen County Soil Conservation District is the enforcement authority for all soil erosion and sediment control activities under its jurisdiction The Borough Engineer shall be the enforcement agent for all soil erosion and sediment control measures not under Bergen County Soil Conservation District jurisdiction and for all soil movement measures not within the scope of the state standards

J. Exemptions from soil movement permit requirements

(1) The requirements of § 185-3A, C, D(1)(d)[3], D(2) and D(4) of thus chapter shall not apply to the following exempt operations

(a) Excavations for building foundations or swimming pools for detached single-family homes for which a building permit has been issued by the Construction Official,

(b) Excavations for the installation of septic tanks or sanitary disposal systems for which all applicable permits have been issued by the Borough Department of Health,

(c) Excavations for the installation of underground gas, water, electric, cable TV and telephone lines by licensed utility companies, provided all other required permits have been issued,

(d) Soil borings, test pit excavations or hazardous waste cleanup operations, provided all other required permits have been issued;

(e) Soil movement for lawn, garden or landscaping purposes on lots with existing dwellings subject to the requirements of Subsection J(5) below

(2) The exception for foundation and swimming pool excavations shall be limited to excavations in which the material is totally removed from the site or in which the excavated material is spread or graded within 12 feet of the foundation pool walls

(3) The exceptions for foundations, swimming pools, septic tanks and sanitary disposal systems will be allowed for only one foundation, swimming pool, septic tank or sanitary disposal system per lot

(4) Abandoned wells, septic systems, cisterns or swimming pools may be filled in without permit, provided that the owner or Ins agent files a soil movement permit application with the Construction Officer and the Board of Health with sufficient information to review the proposal and provided that all Building Department and Board of Health approvals are obtained prior to commencement of the work

(5) A maximum of 200 cubic yards of soil on lots two acres or larger, and a maximum of 100 cubic yards of soil in lots less than two acres in area, may be excavated, moved, removed or placed upon a single lot as an excepted lawn, garden or landscape excepted operation, provided that the owner of the lot completes and files a soil movement permit application form with the Construction Officer prior to commencement of the work to be performed This exception shall be available only once for each lot during any twelve-month period All soil movements during a twelve-month period shall be aggregated to determine the amount of fill moved

(6) The movement of soil as an excepted operation shall not result in any increase in the amount or rate or a change in the direction of stormwater runoff of the lot and shall not restrict or prevent the current flow of stormwater from adjacent lots across the subject lot

(7) In order to qualify for an exemption under this Subsection J, the applicant must file in advance with the Construction Officer a fully completed soil movement permit application

(8) For good cause, the reviewing/approving authority may require full compliance by an excepted application with all ordinance regulations for soil movement

A. Temporary suspension of permit

(1) The borough may revoke any permit granted under this chapter if the operation causes any nuisance which can be shown to have been caused by the actions or inactions of the applicant or its agents, servants or employees and which is prejudicial to the public health, welfare and/or safety A nuisance may be declared to exist only after a hearing before the Borough Council

(2) If, in the opinion of the Construction Officer or the Borough Engineer, the work is being conducted in a manner which immediately affects the public health, safety or welfare, the Construction Officer may immediately suspend the permit If the unacceptable condition is corrected/eliminated, the Construction Officer may reinstate the permit Soil movement activities may not recommence until a written reinstatement is issued by the Construction Officer If the permit is not reinstated by the Construction Officer within 72 hours of the tune the unacceptable condition is purported to have been corrected, the permittee shall be entitled to a review of the suspension at the next regular Council meeting by the Borough Council In thus case, soil movement may not recommence until the Council passes a resolution reinstating the permit, and any and all conditions in said resolution are fully satisfied

(3) When, in the judgment of the Chief of Police or his designee, soil movement operations cause a serious and continued impediment to the passage of public traffic or endanger the public health, safety or welfare, the Chief of Police or his designee is authorized to temporarily halt such operation until the danger to the public's health, safety and welfare is abated The judgment of the Chief of Police or his designee, exercised in good faith, shall be conclusive In such cases soil movement activities shall not commence until the Chief of Police reinstates the permit in writing

(4) All complaints regarding soil movement from anyone shall be submitted orally or in writing to the Borough Clerk, her designee or the Police Department

B. Nonrefund of fees or charges on account of revocation or suspension

(1) This subsection is hereby made a part of each and every permit hereafter issued by the borough and acceptance of such permit shall constitute complete acceptance by the principal and surety on any guaranties

(2) No fee or other charge (or portions thereof) shall be refunded following revocation or suspension of any permit

C. Appeal to Borough Council for suspension or revocation Any person aggrieved by the action of the Construction Officer and/or his representative(s), the Borough Engineer, the Chief of Police or his duly authorized designee, the Environmental Commission, an individual member of the Borough Council or the Borough Council's authorized designee, with reference to suspension or revocation of a permit as provided in this chapter, shall have the right to appeal to the Borough Council within 14 days after notice of the action complained of Appeals shall be filed in writing with the Borough Clerk Upon receipt of an appeal, the Borough Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant The decision and order of the Borough Council on such appeal shall be final and conclusive

D. Expiration of permit

(1) All permits issued under the provision of this chapter shall expire on the completion date specified on the permit issued

(2) As noted above, if work does not commence within 60 days of the date of issuance of the permit, the permit shall be deemed automatically revoked

The approving authority, as appropriate, shall at all rimes have the right, by resolution, to waive any one or more of the provisions contained in this chapter when it is satisfied that the waiving of such provision shall not adversely affect the borough or substantially impair the intent and purpose of this chapter, unless this chapter specifically provides that there shall be no waiver of a particular section or subsection

A. Any person who shall violate this chapter shall, upon conviction thereof, pay the highest possible fine not exceeding $1,000 or be imprisoned in the county jail for a term not exceeding 90 days, or both Each day that a violation exists shall constitute a separate offense

B. In addition to the above penalty, the Municipal Court shall order restitution to be made by the person who has violated this chapter, the restitution shall consist of restoration of the property to the condition it was in prior to the violation in a manner which is as practical as possible The restitution shall be the cost and expense of the person or persons who have violated this chapter and the plan for restitution shall be approved by the Borough Engineer prior to the actual restitution of the property being done The restitution shall consist of, but not be limited to, regrading, the placement of topsoil, seeding and other revegetation, all of which must be approved by the Borough Engineer prior to any work being done No soil movement permit shall be needed for this restitution of the property that is the restoration to its prior condition provided the plan has been approved in writing by the Borough Engineer

C. The Borough Council and/or Borough Planning Board and/or Board of Adjustment, in its discretion, may order any person who shall violate this chapter to restore the property, as nearly as is reasonably possible, to its condition immediately prior to the violation at that person's sole cost and expense The applicant shall present a plan of restoration and/or revegetation for approval by the Borough Council or Planning Board or Board of Adjustment within a rime frame established by that board Failure to present an acceptable plan of restoration and/or revegetation within the time period established by the Borough Council and/or Planning Board and/or Board of Adjustment shall constitute a violation of this chapter

The Borough Council shall at all times be the final and ultimate power with respect to the issuance of permits as provided by this chapter and the suspension, revocation or conditioning of all soil movements