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 Township of Mahwah unless and until a soil movement permit therefor shall first have been issued pursuant to this 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 Township of Mahwah as provided herein. (Ord. #1271, §28-2.1)

Unless the soil movement activity is excepted under this Chapter, no owner of any lot in the Township of Mahwah 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 and the approved routes of travel for transport vehicles and equipment. (Ord. #1271, §28-2.2)

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 Township of Mahwah except in connection with the immediate development of such lot in accordance with all applicable ordinances of the Township of Mahwah 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 Bergen County Soil Conservation District shall have jurisdiction. (Ord. #1271, §282.3)

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:

a. Application Form. On forms prescribed and supplied by the Township Council, and on supplements thereto, the applicant(s) and the owner(s) of the property shall apply for the permit and shall set forth, under oath, in triplicate, the following:

1. 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.

2. The description of the lot(s) in question, including lot number(s), block number(s) and street address(es).

3. A description of the ultimate purpose for importing, depositing, excavating, moving or removing the soil.

4. 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 height(s) of the stockpile(s) and the total volume of soil to be moved.

(a) 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.

(b) 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.

(c) Earthwork cross-sections and end area method volume calculations, in a form acceptable to the Township Engineer, shall be submitted with the application to verify the quantities of soil to be moved. A minimum of five (5) cross-sections shall be submitted with each application, including applications for soil movement associated with single-family home construction.

5. The proposed date of commencement of the work and the proposed date of completion of the work, specifying month, day and year.

6.The name, street address, municipality, state and telephone number of the person(s) having express charge, supervision and control of the proposed soil movement operations. The applicant shall provide a twenty-four (24) hour telephone number of the operator or supervisor of soil movement operations.

7. The name, street address, municipality, state and telephone number of the person(s) having charge or control of the operation of transporting imported or exported soil.

8. In the case of application for a soil movement permit for a single-family homesite, whether the dwelling is to be owner-occupied (property owner) or to be built for sale to others.

9. The name, street address, municipality and state of all persons having any interest in any proceeds which may be derived from the sale or disposal of the exported material.

10. A description of the equipment to be used in depositing, spreading, grading, moving, excavating and/or removing of the soil.

11. A description of the equipment to be used in depositing, spreading, grading, moving, excavating and/or removing of the soil.

12. A listing of the route to be used by the vehicles in delivering and removing equipment and material to/from site, in importing and/or exporting soil, and in accessing or leaving the site before export and after import operations, respectively, including all streets, roads, highways, etc. within the Township of Mahwah to be used in conjunction with soil movement operations and the direction of travel on each street.

13. In the event that the importation, movement and/or removal of soil is in connection with the development of a subdivision or site plan, all of the information required under the terms of the applicable Subdivision and/or Site Plan Ordinance of the Township of Mahwah, together with evidence of Planning Board or Zoning Board approval and the docket number thereof.

14. A map showing the division of the tract in question into soil movement sectors, where applicable. The application must contain a written statement indicating in what order each of the sectors is to be worked. Both the Township Engineer and the Environmental Commission shall review this sector plan, together with the remainder of the application, and shall only recommend the approval of the application if said sector plan seems appropriate after taking into consideration the criteria set forth in subsection 28-1.1. Where sectors are not involved, the application must contain a written statement indicating the schedule to be followed in moving soil for the project.

15. A copy of the Soil Erosion and Sediment Control Plan certified by the Bergen County Soil Conservation District and as required by N.J.S.A. 4:24-39 et seq.

16. When the applicant is a firm or corporation, a corporate officer must sign the application and the name and corporate title of the individual signing the application must be printed or typed below the signature line.

17. A listing of waivers requested in conjunction with the application, including the Code requirement, the proposed deviation therefrom and the reason for the deviation.

18. Such other data as may be required by the Township.

b. Plan Requirements and Proposed Grading. Accompanying the application shall be a topographical map, drawn to a scale of not less than one inch equals fifty feet (1" = 50') on sheets no larger than forty-two inches by thirty-six inches (42" x 36"), 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. All erosion control items shall be designed in accordance with the State Standards for Soil Erosion and Sediment Control.

1. 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 Township Engineer with conventional field survey information.

2. The present grades of all land within two hundred (200') feet of the boundaries 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 built.

3. The present grades of all abutting streets, and rights-of-way, for the full width of the rights-of- way and the full frontage(s) of the subject parcel(s).

4. 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 (2') feet.

5. The quantity, in cubic yards, of soil involved in the work of cutting, filling, importing, exporting, and/or stockpiling, together with the location(s) and base area(s) of any proposed stockpile(s).

6. Proposed slopes and lateral supports, which shall be not more than one (1') foot vertical to four (4') feet horizontal, to adjacent properties and on the lot upon which the work is to be done.

7. Present and proposed surface water drainage and the means of control of same.

8. 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 Township Engineer.

9. The location and limits of all on-site wetlands and wetland transition areas.

10. The boundaries of the lot(s) in question and of all lots with area within two hundred (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.

11. Soil erosion and sediment control plan details consistent with the State Standards.

12. To the extent that the foregoing requirements are reflected in the soil erosion and sediment control plan certified by the Bergen County Soil Conservation District, the submission of a copy of that certified plan shall satisfy the requirements of this section. Any requirements of this section which are not reflected in the certified plan shall be submitted in addition to that certified plan.

c. Liability Insurance.

1. 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 one million ($1,000,000.00) dollars, combined single limit.

2. The insurance must be maintained for the full term of the permit.

3. 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 Planning Board Administrative Officer a minimum of ten (10) calendar days before expiration of the initial coverage.

4. Failure to maintain the required liability insurance and/or failure to provide proof of replacement coverage on or prior to the deadline in paragraph c, 3. above, shall result in the automatic revocation of the soil movement permit.

5. In the event that the permit is revoked in accordance with paragraph c, 4. above, all soil movement operations shall cease until such time as proper documentation is received by the Township, and a written reinstatement of the permit is issued by the appropriate authority.

d. Fees.

1. The application shall be submitted to the Township Planning Board Administrative Officer with a fee in an amount set forth on the attached Schedule "A" which is incorporated herein by reference.

2. In the event of the Township's decision to deny a soil movement permit, all that portion of the fee in excess of the Township's engineering, legal, administrative and other expenses shall be refunded to the applicant.

e. Soil Movement Reports.

1. Once a soil movement permit is issued the permittee shall file a monthly report indicating the number of cubic yards of soil that have been cut, filled, imported, exported, stockpiled, and removed from stockpile, in connection with soil movement operations on the site for purposes of monitoring progress of the work and verifying the fees required herein.

2. The report shall be on forms furnished with the application and shall be submitted each month, even if no soil movement operations were conducted the previous month. Volumes shall be in cubic yards. Percentage figures shall not be acceptable.

3. In the event that the required report for the prior month's operations is not submitted to the Planning Board Administrative Officer by the fifteenth day of following month during the permit period, the permit shall be deemed automatically and immediately suspended until such time as the report is submitted and a letter lifting the suspension is issued by the Township Engineer. Should the applicant fail to submit the required monthly report a second time, the automatic, immediate suspension shall remain in effect until the appropriate authority considers the matter and reinstates the permit.

4. In the event that the amount(s) of cubic yards, which are cut, filled, imported or exported exceed(s) the amount(s) shown on the application, the applicant shall immediately (i.e., within forty-eight (48) hours of the date the applicant is notified of the need to file an amendment by a representative of the Township) apply for an amendment to the permit, and deposit the additional required fee.

5. All soil movement fees shall forthwith be deposited in a specially designated and separate project escrow account and shall be used to pay the Township'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 Township and transferred to the tax account as 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 Township in processing the application and monitoring the permit status and the applicant's performance, the applicant shall upon the request of the Township immediately pay such additional engineering, legal and administrative and other expenses incurred by the Township. 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 Township shall become an obligation of the owner of the property and shall become a lien upon the property.

6. Upon completion of soil movement operations, the permittee shall file a final report indicating the total amount of soil movement in each category shown on the reporting form. An additional fee at the rate established by this Chapter shall be submitted if the total soil movement exceeds the approved volume.

f. Review of Application.

1. Planning Board Approval. All soil movement permit applications submitted in conjunction with development applications before the Planning Board proposing the movement of more than one thousand (1,000) cubic yards of soil, or where waivers are requested or required, all applications for soil movement on single lots within a commercial or residential subdivision approved by the Planning Board with an aggregate soil movement, i.e. all lots combined, of more than one thousand (1,000) cubic yards, or where waivers are requested or required and all applications for soil movement on isolated (i.e. not part of a subdivision approved after December 31, 1979) single family lots proposing the movement of more than one thousand (1,000) cubic yards of soil or where waivers are requested or required, shall be reviewed by the Planning Board, and said soil movement permit applications shall be subject to the approval of the Planning Board.

2. 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 one thousand (1,000) cubic yards of soil, or where waivers are requested or required, and all applications for soil movement on single lots within a commercial or residential subdivision approved by the Board of Adjustment with an aggregate soil movement, i.e. all lots combined, of more than one thousand (1,000) cubic yards, or where waivers are requested or required, shall be reviewed by the Board of Adjustment and said soil movement permit applications shall be subject to the approval of the Board of Adjustment.

3. Township 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 one thousand (1,000) cubic yards, no waivers are being requested or are required and no special or unique situation exists in connection with the application, then the Township Engineer shall review and approve or deny the permit application, within thirty (30) days after receipt of a complete application.

However, if waivers are being requested or are required, or if in the opinion of the Township 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.

4. A Public Hearing is required for all soil movement permit applications which reflect the movement of more than one thousand (1,000) cubic yards of soil.

g. Processing of Application.

1. (a) Sufficient copies of the application as determined by the Planning Board Administrative Officer together with the accompanying documents and maps, shall be filed with the Planning Board Administrative Officer, of which, one (1) each shall be sent to the Township Engineer, and the Township Environmental Commission, and when a soil movement permit application is part of a subdivision or site plan development application which is before the Planning Board or Board of Adjustment, the appropriate number of copies shall be distributed to the members of said reviewing agency.

(b) The Township Environmental Commission shall review the application and the accompanying documents and make its report to the Township Engineer or the Planning Board or Board of Adjustment as appropriate, within thirty (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 Township Environmental Commission to render a report within thirty (30) days shall not delay consideration of the application.

(c) The Township Engineer shall review the application and the accompanying documents and make his report to the Planning Board or the Board of Adjustment within forty-five

(45) days of the date of application. This 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. This provision does not apply to applications processed by the Township Engineer under subsection 28-2.4f, 3.

(d) If, in the opinion of the Township Engineer, the application is not complete, the Engineer shall notify the applicant of the deficiencies, in writing, within forty-five (45) days from the date of application. For purposes of determining completeness of an application, all information, maps, documents, and fees required by subsection 28-2.4 paragraphs a.,

b. and d. are required to be submitted. The Township 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 time periods for review of the application shall be suspended until complete information is submitted to the Township and deemed complete by the Township Engineer.

(e) 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/supplemented applications shall be filed with the Planning Board Administrative Officer. The Environmental Commission and the Township Engineer shall issue reports on same within thirty (30) days of their receipt.

(f) If in the opinion of the Township 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 Township 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 thirty (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 thirty (30) days from receipt of the subject materials from the Township. The applicant shall pay the invoice through the Planning Board prior to action upon the application. All importation of soil shall require the applicant to submit a certification from the Board of Health, Environmental Commission, Township Engineer or other responsible party for soil in the Municipality where the soil is being imported from that the soil is free from contamination.

2. The Township Engineer, the Planning Board or the Board of Adjustment shall, within thirty (30) days after receipt of all reports required by paragraph 1. above provided that the application has been deemed complete, notify the applicant of the time and place the Township 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 Township Approving Authority shall consider the application, reports, and recommendations in the following manner:

(a) By publishing in an official newspaper of the Township of Mahwah a notice, at least seven

(7) days prior to the date set by the Township Approving Authority, of the date set for such consideration.

(b) By delivering a copy of said notice by certified mail or by personal service, to all property owners within a two hundred (200') feet radius of the boundaries of the subject premises as their names appear on the municipal tax records of the property at least seven (7) days prior to the hearing date.

3. The affidavits of publication and service of notice shall be filed with the Township at or prior to the date of the hearing.

4. The Planning Board or Board of Adjustment shall, within thirty (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 Township Department, Commission or Board which has rendered its written report to the approving agency.

h. Approvals.

1. If additional Township, 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 Township.

1. Disposition of Soil Movement Permit Application. The Township Engineer shall file a written report on at least a monthly basis with the Township Administrator and Planning Board Administrative Officer listing the disposition of all soil movement permit applications during the review/processing period.

j. Issuance of the Soil Movement Permit.

1. Soil movement permits shall be issued through the Township Engineer's office.

2. The permit shall indicate the permittee's name and telephone number, the lot, block and street number of the property, the volumes of soil approved for movement and the commencement and completion dates.

3. The application form and the chapter requirements shall be deemed to be a part of the permit, as if attached.

4. The permit shall be issued only after all of the following have been accomplished:

(a) The application is deemed complete.

(b) Planning Board or Board of Adjustment approval of the associated subdivision or site plan application, where applicable, has been secured.

(c) All conditions in any subdivision or site plan approval resolution have been fully satisfied.

(d) When appropriate, the developer's agreement has been executed by all parties, and the required performance guarantees and fees have been posted with the Township.

(e) All required Township, 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 Township.

(f) Planning Board or Board of Adjustment approval of the soil movement permit application has been secured, if applicable.

(g) All conditions in any soil movement permit application approval resolution have been fully satisfied.

(h) Where required, a public hearing has been held and considered.

(i) All information required by subsection 282.4a. paragraph 10. and 11. has been submitted, reviewed and approved.

(j) The route(s) of travel has (have) been submitted, reviewed and approved by the Township Chief of Police.

(k) Acceptable proof of liability insurance coverage has been submitted and approved by the Township Risk Manager.

(l) Any required performance and/or revegetation guarantees have been posted with the Township.

(Ord. #1271, §28-2.4)