A. The Borough Council recognizes that the State Soil Conservation Committee (pursuant to the Soil Erosion and Sediment Control Act, P L 1975, c 251, N.J.S.A 4 24-39 et seq , and the regulations enacted pursuant thereto, N J A C 2 90-1 1) has established standards controlling the disturbance of soil on defined projects to control soil erosion and sediment deposition The state standards for soil erosion and sediment control shall apply and take priority for all projects as defined by N.J.S.A 4 24-41g except that the Borough of Alpine shall implement the same standards for projects which disturb less than 5,000 square feet of surface area and for exempt single-family dwelling units
B. The Borough Council finds that the control of the amount, volumes and location of soil importation, exportation, mining and movement is necessary for public health and safety and that the following general purposes of municipal planning and land use and regulations shall be taken into consideration when reviewing all proposed soil movement in the borough
(1) The general welfare of the Borough of Alpine and its citizens
(2) Surface water drainage
(3) Soil fertility
(4) Lateral support of abutting streets and land
(5) The unsightliness of the premises after excavation and during construction
(6) The effect of flooding upon the premises and on adjacent properties in question
(7) The prevention of any nuisance caused by soil movement operations
(8) Traffic on and off site
(9) The effect that the proposed movement of soil would have on individual sanitary sewerage disposal systems
(10) The effect on surrounding land values and uses
(11) Whether the proposed work is necessary in connection with the immediate development of the property
(12) Such other factors as may bear or relate to the development of the coordinated, adjusted and harmonious physical development of the borough
(13) The preservation of existing wetlands and watercourses, and noninterference with wetlands, stream beds, stream or watercourse banks or their stabilization
(14) The creation of sharp declivities, pits or depressions
(15) The prevention of soil mining
(16) Preservation of existing trees and natural topography
The terms used in this chapter shall be deemed and construed to have the following meanings
APPLICANT - A property owner submitting an application for a soil movement permit
CLEAN - Broom clean, all soil removed
DAY - A calendar day
DEVELOPMENT - Improvement of a lot by the construction or erection of one or more buildings for residential, commercial or industrial purposes and improvement of lands through or for conservation or flood control
ENVIRONMENTAL CONSULTANT - An individual or firm retained by the Borough Council, Planning Board or Board of Adjustment The individual or firm shall possess a degree from an accredited institution of higher learning in environmental studies
EROSION AND SEDIMENT CONTROL MEASURES - The standards for soil erosion and sediment control established by the State Soil Conservation Committee
EXCAVATOR - Any person who shall move or remove soil as the terms are hereinafter defined
LOT - Any parcel of land or portion thereof the boundary lines of which may be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Borough of Alpine or in the office of the Clerk of Bergen County
MOVE - To dig, to excavate, to remove, to import, to export, to deposit, to place, to dump, to fill, to backfill, to deliver, to grade, regrade or level, to rough grade or fine grade, to level, relocate or otherwise alter or change the location or contour, to transport, to supply, to extract or to shift the location of tree stumps This term shall not be construed to include plowing, spading, cultivating, harrowing or disking of soil or any other operation usually and ordinarily associated with the tilling of soil for agricultural or horticultural purposes
NUISANCE - Any conduct which is either unlawful in itself or unreasonable under all circumstances or the creation or maintenance of a condition which endangers the safety or health of the general public
OWNER - Any person seized in fee simple of any lot
PERSON - Any individual, firm, association, partnership or corporation, or any group of two or more of them
SOIL - Any earth, sand, clay, loam, gravel, humus, tree stumps, minerals, mud, silt, ore, muck, stone, rock or dirt, without regard to the presence or absence therein of organic matter, and any debris whether organic or construction debris including but not limited to asphalt, concrete and macadam
SOIL MOVEMENT OPERATION - Delivery or removal of equipment or materials associated with soil movement, soil movement, installation or removal of erosion control measures, starting or warmup of equipment, arrival, departure or waiting of transport vehicles for equipment or soil, street cleaning, restoration, revegetation.
STOCKPILE - A reserve supply of soil accumulated on site in anticipation of future use on or off site
TOPSOIL - Soil that, in its natural state, constitutes the top layer of earth and is composed of 2% or more, by weight, of organic matter and has the ability to support vegetation
A. Permit required No person shall excavate, remove or move, or cause, allow, permit or suffer to be removed or moved, any soil from, onto, in or upon any lot or right-of-way in the Borough of Alpine unless and until a soil movement permit therefor shall first have been issued pursuant to thus chapter and shall be in effect, unless the activity is excepted under this chapter. No person shall make, create or cause to be created, a reserve supply of soil or accumulate soil on site or in rights-of-way in anticipation of future use or disposal without the express written permission of the Borough of Alpine as provided herein
B. Responsibility of owner Unless the soil movement activity is excepted under this chapter, no owner of any lot in the Borough of Alpine shall cause, allow, permit or suffer any soil from, in or upon such lot to be removed or moved or any soil to be imported to or deposited upon such lot, until a soil movement permit therefor shall have been obtained and is in effect (i e , not suspended, revoked or expired) It shall be the responsibility of the owner to monitor the status of any soil movement permit issued, and to verify that a permit is in effect before he permits soil movement on his property It is the further responsibility of the owner to notify all contractors and/or subcontractors, and all vehicle operators, involved in any way with the soil movement on the property of the conditions of the approved soil movement permit and the requirements of this chapter
C. Conditions of permit Unless the soil movement activity is excepted under this chapter, no soil shall be imported to or deposited upon, excavated, moved on or removed from, in or upon any lot in the Borough of Alpine except in connection with the immediate development of such lot in accordance with all applicable ordinances of the Borough of Alpine and all applicable statutes of the State of New Jersey, and then only after a soil movement permit has been obtained It is hereby required that the applicant set forth in or append to the soil movement permit application a time schedule showing the date of commencement and completion of both the soil movement operation and the developmental use or program to which the applicant proposes to put the property In the event of any conflict with the terms of this chapter and the state standards for soil erosion and sediment control, the state standards shall control and the State Soil Conservation Committee and the Bergen County Soil Conservation District shall have jurisdiction
D. Permit procedure The procedures to be followed in the application for, review of the application form for, issuance of and monitoring of a soil movement permit shall be listed hereafter
(1) Application form On forms prescribed and supplied by the Borough Construction Officer, and on supplements thereto, the applicants) and the owner(s) of the property shall apply for the permit and shall set forth, under oath, in triplicate, the following
(a) The name(s) and address(es) and telephone number(s) of the owner(s) of the lot(s) which is (are) the subject of the application
(b) The description of the lot(s) in question, including lot number(s), block number(s) and street address(es)
(c) A description of the ultimate purpose for importing, depositing, excavating, moving or removing soil
(d) The kind and quantity, in cubic yards, of soil to be imported, deposited, excavated, moved or removed, including specific cut, fill, import, export and stockpile volumes, the proposed heights) of the stockpiles) and the total volume of soil to be moved
[1] In the case of removal, the location (i e , street address, municipality and state) to which the soil is to be removed and the kind and quality of soil to be removed shall be set forth
[2] In the case of importation of soil to a site, the street address, municipality and state of the property from which the soil is to be obtained, the owner of the premises from which the soil is to be obtained, the name and telephone number of the owner or representative of the owner of the premises from which the soil is to be obtained, and the kind and quality of the soil to be imported shall be set forth
[3] Earthwork's cross-sections and end area method volume calculations, in a form acceptable to the Borough Engineer, shall be submitted with the application to verify the quantities of soil to be moved A minimum of five cross-sections shall be submitted with each application, including applications for soil movement associated with single-family home construction
(e) The proposed date of commencement of the work and the proposed date of completion of the work, specifying month, day and year
(f) The name, street address, municipality, state and telephone number of person(s) having express charge, supervision and control of the proposed soil movement operations The applicant shall provide a twenty-four-hour telephone number of operator or supervisor of soil movement operations
(g) A copy of the Soil Erosion and Sediment Control Plan as required by N J A C 2 90-1 1 et seq
(h) A listing of waivers requested in conjunction with the application, including the Code requirement, the proposed deviation therefrom and the reason for the deviation
(2) Plan requirements and proposed grading Accompanying the application shall be a topographical map, drawn to a scale of not less than one inch equals 30 feet, on sheets no larger than 42 inches by 36 inches, and referenced to the USGS datum, prepared, certified and sealed by a New Jersey licensed professional engineer and land surveyor, in triplicate, showing the following information For items included in the state standards for soil erosion and sediment control, satisfaction of the state standards are required
(a) The present grades of the lot(s) to, from or upon which it is intended to import, deposit, excavate, move or remove soil When aerial topography is utilized, the plans shall so note, and the applicant shall be required to verify the accuracy of said aerial topography to the satisfaction of the Borough Engineer with conventional field survey information
(b) The present grades of all land within 25 feet of the boundaries of the subject lot(s)
(c) The present grades of all abutting streets, and rights-of-way, for the full width of the rights-of-way and the full frontages) of the subject parcel(s)
(d) The proposed final grades shown by contour lines over the entire parcel when the work has been completed, at vertical intervals no greater than two feet, which shall not exceed 10 feet in deviation from the present grade on lots two acres or larger and shall not exceed five feet in deviation from the present grades on lots less than two acres in area
(e) The quantity, in cubic yards, of soil involved in the work of cutting, filling, importing, exporting, and/or stockpiling, together with the locations) and base area(s) of any proposed stockpiles)
(f) Proposed slopes and lateral supports, which shall not exceed one foot vertical to four feet horizontal, and no slopes that redirect or concentrate stormwater runoff onto adjacent properties
(g) Proposed retaining walls, which shall not exceed six feet in height, and shall be no closer than six feet from any lot line or wall (proposed or existing), with a stability analysis and detailed plans signed and sealed by a licensed professional engineer for all retaining walls in excess of three feet in height
(h) Present and proposed surface water drainage and the means of control of same
(i) Spot grades showing the proposed elevations at all building corners, at the edges of all paved areas, at all bend points in retaining walls, and at other locations deemed necessary by the Borough Engineer
(j) The location and limits of all on-site wetlands and wetland transition areas
(k) The boundaries of the lot(s) in question and of all lots with this area within 200 feet of the perimeter(s) of the subject lot(s), except that this requirement shall not apply to an application for soil movement on an individual parcel on which a single-family home is to be constructed
(l) Soil erosion and sediment control details proposed for use on the site consistent with the state standards
(m) The location(s), type(s), and sizes) of all existing trees over nine inches caliper within the actual area(s) of disturbance Trees shall be measured for the purpose of thus subsection at a height of three feet from the existing grade at the base of the tree
(n) Such other data as the Planning Board, Zoning Board, Council, Environmental Commission and/or Borough Engineer may deem necessary and require
(3) Liability insurance
(a) Accompanying the application shall be proof of liability insurance held by or for the benefit of the owner as an additional named insured in minimum amount of $1,000,000, combined single limit
(b) The insurance must be maintained for the full term of the permit
(c) In the event that the insurance does not cover the full term of the operations as noted on the application, acceptable proof of replacement insurance must be submitted to the Construction Officer a minimum of 10 calendar days before expiration of the initial coverage
(d) Failure to maintain the required liability insurance and/or failure to provide proof of replacement coverage on or prior to the deadline in Subsection D(3)(c) above shall result in the automatic revocation of the soil movement permit
(e) In the event that the permit is revoked in accordance with Subsection D(3)(d) above, all soil movement operations shall cease until such tune as proper documentation is received by the borough, and a written reinstatement of the permit is issued by the appropriate authority
(4) Fees
(a) The application shall be submitted to the Construction Officer with a fee in an amount set forth on the attached Schedule A,1 which is incorporated herein by reference
(b) In the event of the borough's decision to deny a soil movement permit, all that portion of the fee in excess of the borough's engineering, legal, administrative and other expenses shall be refunded to the applicant
(c) All soil movement fees shall forthwith be deposited in a specially designated and separate project escrow account and shall be used to pay the borough's engineering, legal, administrative and any other expenses incurred in processing the application and monitoring of the permit status and applicant's performance Upon completion of the soil movement operation or the expiration of the permit, any unexpended portion of the fee shall be retained by the borough and transferred to the tax account of unanticipated revenue In the event that the fees posted by the applicant are insufficient to meet the reasonable engineering, legal and administrative expenses incurred by the borough in processing the applications and monitoring the permit status and the applicant's performance, the applicant shall upon the request of the borough immediately pay such additional engineering, legal and administrative and other expenses incurred by the borough In the event that the project is not completed or in the event that the applicant does not pay all the fees required by this chapter, the sums due to the borough shall become an obligation of the owner of the property and shall become a lien upon the property
(5) Review of application
(a) Planning Board approval All soil movement permit applications submitted in conjunction with development applications before the Planning Board proposing the movement of more than 1,000 cubic yards of soil, or where waivers are requested or required
(b) Board of Adjustment approval All soil movement permit applications submitted in conjunction with development applications before the Board of Adjustment proposing the movement of more than 1,000 cubic yards of soil, or where waivers are requested or required
(c) Borough Engineer approval If the Engineer determines upon his review of the documents forwarded to him under this chapter that the soil movement permit application and the accompanying documents are complete and in compliance with the requirements of this chapter, that the total proposed movement of soil is less than 1,000 cubic yards, no waivers are being requested or are required and no special unique situation exists in connection with the application, then the Borough Engineer shall review and approve or deny the permit application within 30 days after receipt of a complete application However, if waivers are being requested or are required, or if in the opinion of the Borough Engineer, special or unique circumstances exist in connection with the application, then in his discretion, he may refer the Board of Adjustment matter to the Board of Adjustment or the Planning Board matter to the Planning Board for disposition of the application
(d) A public hearing is required for all soil movement permit applications which reflect the movement of more than 1,000 cubic yards of soil
(6) Processing application
(a) General requirements.
[1] Sufficient copies of the application as determined by the Construction Officer together with the accompanying documents and maps, shall be filed with the Construction Officer, of which one each shall be sent to the Borough Engineer, and the Borough Environmental Commission
[2] The Borough Environmental Commission shall review the application and the accompanying documents and send copies of its report to the Construction Officer and the Borough Engineer within 30 days from the date of application The Environmental Commission shall set forth its opinion, recommendations and comments in writing to the approving agency Failure of the Borough Environmental Commission to render a report within 30 days shall not delay consideration of the application
[3] The Borough Engineer shall review the application and the accompanying documents and make his report to the Construction Officer and/or the Planning Board or the Board of Adjustment, as appropriate, within 30 days of the date of application Thus report shall incorporate comments from the Environmental Commission, and shall indicate the status of the application, soil movement volumes, any waivers being requested and all application deficiencies
[4] If, in the opinion of the Borough Engineer, the application is not complete, the Engineer shall notify the applicant of the deficiencies, in writing, within 30 days from the date of application For purposes of determining completeness of an application, all information, maps, documents, and fees required by Subsection D(1), (2) and (4) are required to be submitted The Borough Engineer shall determine the completeness of an application Proof of liability insurance coverage may be supplied after review by the Planning Board or the Board of Adjustment but must be submitted before the issuance of a permit The tune periods for review of the application shall be suspended until complete information is submitted to the borough and deemed complete by the Borough Engineer
[5] Revisions and/or amendment to the application must be made on the application form and initialed Revisions and/or amendments made by letter are not acceptable Amended and/or supplemented applications shall be filed with the Construction Officer The Environmental Commission and the Borough Engineer shall issue reports on same within 30 days of their receipt
[6] If, in the opinion of the Construction Officer, the Borough Engineer, the Planning Board or the Board of Health or the Board of Adjustment, professional review of the application, including physical examination or testing of soil to be imported, is required, the Borough Engineer, Planning Board or Board of Adjustment shall forward all pertinent materials to a soil consultant for his review and for a certified soil testing laboratory report, within 30 days from the date the application is deemed complete The report of the consultant shall be accompanied by an invoice of the service performed and shall be due 30 days from receipt of the subject materials from the Borough The applicant shall pay the invoice through the Construction Officer prior to action upon the application
(b) The Construction Officer, the Planning Board or the Board of Adjustment shall, within 30 days after receipt of all reports required by Subsection D(6)(a) above provided that the application has been deemed complete, notify the applicant of the rime and place the Borough approving authority shall consider the application, and if a public hearing is required the applicant shall give notice of the time and place that the Borough approving authority shall consider the application, reports, and recommendations in the following manner
[1] By publishing in an official newspaper of the Borough of Alpine a notice, at least 10 days prior to the date set by the Borough approving authority, of the date set for such consideration [Amended 2-28-2001 by Ord. No. 583]
[2] By delivering a copy of said notice, by certified mail or by personal service, to all property owners within a two-hundred-foot radius of the boundaries of the subject premises as their names appear on the municipal tax records of the property at least 10 days prior to the hearing date [Amended 2-28-2001 by Ord. No. 583]
(c) The affidavits of publication and service of notice shall be filed with the Borough at or prior to the date of the hearing
(d) The Planning Board or Board of Adjustment shall, within 30 days after the date of consideration at work session or at public hearing, if required, by resolution, which sets forth in detail the type of development, any waivers granted, the soil movement involved, including quantities of soil and any other recommendations or conditions for approval, grant or deny the application If the approving authority fails to act, it shall be deemed a denial However, by a stipulation in writing signed by the applicant, the time for decision by the approving authority may be extended All approvals shall set forth the name of the application, the waivers requested and approved by the approving authority It shall be the burden of the applicant to prove to the satisfaction of the approving authority the reasons why waivers should be granted The approving authority, as part of the written resolution of approval, shall set forth in detail its reasons for approval when such an approval is contrary to any recommendation or opinion of any Borough department, commission or board which has rendered its written report to the approving agency
(7) Approvals If additional Borough, county, state, federal or other governmental approvals for the development of the subject property are required, the soil movement permit shall not be issued until all such final approvals are obtained and proof of same is submitted to the Borough
(8) Issuance of soil movement permit
(a) Soil movement permits shall be issued by the Construction Officer
(b) The permit shall indicate the permittee's name and telephone number, the lot, block and street number of the property, the volumes and types of soil approved for movement and the commencement and completion dates
(c) The application form and the chapter requirements shall be deemed to be a part of the permit, as if attached
(d) The permit shall be issued only after all of the following have been accomplished
[1] The application is deemed complete
[2] All conditions in any subdivision or site plan approval resolution, where applicable, have been fully satisfied
[3] When appropriate, the developer's agreement has been executed by all parties, and the required performance guarantees and fees have been posted with the Borough
[4] All required Borough, county, state, federal or other governmental final approvals for development of the subject premises have been secured and proof of same is submitted to the Borough
[5] Planning Board or Board of Adjustment approval of the soil movement permit application has been secured, if applicable
[6] All conditions in any soil movement permit application approval resolution have been fully satisfied
[7] Acceptable proof of liability insurance coverage has been submitted
[8] Any required performance and/or revegetation guarantees have been posted with the Borough
E. Permit to be issued to owner, duration
(1) No soil movement permit shall be issued except to the owner(s) or contract purchaser(s) of the premises, and then only if the importation, deposition, excavation, moving or removing of soil to, from, in or upon the premises is necessary for the immediate development and the normal grading/regrading of the premises concerning which the application is made
(2) No soil movement permit shall be issued for longer than one year from the date of issuance
(3) The permit shall expire on the earlier of the date of completion set forth in the application or one year from the date of issuance
(4) Permit extension requests must be submitted in writing to the Construction Officer a minimum of 30 calendar days prior to the date of expiration of the permit
(a) The extension request must include the reason for the request, the length of the requested extension, indicate the new completion date, specifying day, month and year, and indicate the volumes of soil remaining to be moved in each of the categories shown on the standard reporting form
(b) The extension request must be accompanied by acceptable proof of liability insurance coverage
(c) All requests for extensions shall be reviewed and approved or denied in accordance with the procedure set forth herein of the different types of applications
(d) If a soil movement permit expires prior to the applicant requesting, in writing to the Planning Board or Administrative Officer, a formal extension of the permit, all soil movement shall cease until a new permit is obtained
(e) If a formal extension request has been submitted to the Planning Board Administrative Officer prior to the expiration of a permit, soil movement activities may continue past the expiration date until such rime as the Planning Board, Board of Adjustment or Borough Engineer, as appropriate, considers and reaches a decision on the extension request
(f) Any requests made for extension of a soil movement permit must include a fee of $275 for the preparation of a report by the Borough Engineer and the preparation of a resolution by the approving authority attorney.
