a. In the event that soil movement is permitted, the work shall commence within sixty (60) days of the date of issuance of the permit. In the event that the applicant fails to furnish the bonds or any other guaranty required within sixty (60) days from the soil movement permit application approval date by the reviewing authority or in the event that said work is not commenced within the sixty (60) day time limit, no person shall have the right to import, deposit, move or remove any soil, and said soil movement permit shall be deemed automatically revoked.
b. 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 Officer 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.
c. Requests for extensions of the commencement deadline shall follow the procedures set forth in subsection 28-2.5d.
d. Requests for reinstatement of permits deemed automatically revoked in accordance with subsection 28-3.1a. above must be submitted in writing to the Planning Board Administrative Officer.
1. The reinstatement request must indicate why the reinstatement is required and explain the reason(s) that the approving authority should consider the reinstatement request favorably.
2. All requirements for reinstatement shall be reviewed and approved/denied in accordance with the procedure set forth herein for the different types of applications. (Ord. #1271, §28-3.1)
In the event that, in the opinion of the Township 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, as determined by the Bergen County Soil Conservation District or that the streets are not being properly cleaned, then the Engineer may certify in writing to the Township Council, and the Township 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 Township Council may, at its option, upon declaration of default, revoke the soil movement permit and/or call upon the surety to complete the project. (Ord. #1271, §28-3.2)
In the event that the Township 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 Township's expenses of hiring a traffic safety guard or inspector. (Ord. #1271, §28-3.3)
a. If, where soil moving is permitted, any person, owner, developer or excavator shall move topsoil within any premises, provision shall be made for the storage of said topsoil within the boundary lines of said premises, in a manner approved as part of the soil movement permit application.
b. Where soil moving is permitted, no person, owner, developer or excavator shall move to any point beyond the boundary lines of the premises, any topsoil whatsoever, unless, and until, topsoil not inferior in quality to that to be removed shall first have been replaced uniformly to a depth of not less than six (6") inches, measured from the proposed final grades as shown on the topographical map, over the entire surface area of the premises, excepting only such portions thereof as shall have become, since the date of filing of said topographical map, permanently covered by a building or structure, street, pavement, curb, sidewalk, driveway of other paved area or by any body of water or waterway. In no event shall the developer or excavator remove from the premises more topsoil than that comprising the surplus or excess remaining after the replacement of the topsoil as described above. (Ord. #1271, §28-3.4)
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:
a. The use in said work of soil or such other materials as will not result in deviation from the proposed final grades or the uniformity thereof by reason of abnormal shrinkage or settlement.
b. The collection and storage upon the lot of the original topsoil to the end that said topsoil shall not be buried beneath soil or other material of inferior quality, and the uniform replacement of the topsoil so stored over the entire area or surface of the fill soil or other material so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map. In the event that such provision is not practicable, as determined by the Township Engineer, provision shall be made for the uniform placement/replacement over the entire area or surface of fill soil or other material, excepting only such portions thereof as shall be or shall have become permanently covered by building or structure, street, pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway of a layer of topsoil not inferior in quality to that of the original topsoil, to a depth of not less than six (6") inches, measured from the proposed final grades as shown on the topographical map.
c. The preservation of existing wetlands, wetland transition areas and watercourses.
d. Temporary slopes during construction which shall not exceed one foot vertical to one foot horizontal (1':1') for a period of more than twenty-four (24) hours, unless a safety fence or railing acceptable to the Township Engineer and having supports spaced no further than ten (10') feet apart shall be installed along the entire top of the slope.
e. The control of stormwater runoff and erosion in accordance with State Standards and the soil erosion and sediment control plan certified by the Bergen County Soil Conservation District.
(Ord. #1271, §28-3.5)
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 and shall meet with the State Standards for Soil Erosion and Sediment Control in New Jersey and with the following municipal standards (if there is a conflict or duplication, then the State Standards shall control) and regulations whether or not a permit is required or has been issued:
a. All boulders, rocks with any dimension greater than twelve (12") inches, and other vegetative and construction debris shall be removed from the property unless buried in such locations on the property as shall be approved by the Township Engineer and/or Environmental Consultant and covered with at least four (4') feet of soil. No tree stumps shall be buried or covered on the property.
b. 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 Township of Mahwah, 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.
2. Cleaning operations shall be completed prior to 5:00 p.m. on each day.
3. 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.
c. All truck loads shall be fully covered (i.e. no soil visible) with tarpaulin and, if deemed necessary by the Township Engineer or his representative, treated by water to prevent flying dust.
d. 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.m. or after 5:00 p.m. 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
1. Soil movement operations restrictions shall be in effect on the day on which the holiday is legally celebrated.
2. This regulation shall apply to the delivery and/or removal of trucks, material, machinery or equipment to be used in soil movement operations.
e. All vehicles engaged in soil movement operations shall use as routes of travel only those streets, roadways, highways, etc. within the Township of Mahwah which have been approved by the Township Chief of Police. Unless specifically approved by the Township Council, by resolution, vehicles engaged in such operations shall not use roadways which pass adjacent to schools (except Ramapo Valley Road) unless that route of travel is on a County road and is approved by the County of Bergen.
f. 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 Township of Mahwah. All excavations left open overnight shall be fully encircled with protective fencing, properly embedded/braced to the satisfaction of the Township 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 Township Engineer.
g. 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 time frame stipulated in the permit, or in the extended permit, where applicable.
h. No more soil shall be moved than is reasonably necessary for the development and use of the land.
1. No soil movement shall be allowed which shall cause damage to adjacent properties or prejudicially affect the values of adjacent properties or prejudicially affect the values of adjacent properties.
j. When deemed necessary by the approving authority (i.e. Planning Board, Board of Adjustment or Township Engineer) the operation must be conducted in a phased fashion so that soil movement in one (1) sector/section of the tract is completed and satisfactory permanent vegetative cover is established as determined and formally acknowledged by the Bergen County Soil Conservation District prior to the commencement of soil movement in another section of the tract. Failure to adhere to this principle shall constitute a violation of this Chapter.
k. Excavation shall not be below applied for grade levels and fill shall not exceed applied for grade levels by more than one (1') foot, unless approved by the approving authority.
1. Final grade level shall be determined by the Township Engineer.
m. If, prior to or during the course of soil movement operations the Township Council or the Township Board of Health determines that a physical or chemical examination of imported material is required for protection of public health and safety, the Township Council may retain a soil consultant to examine the fill material at the sole expense of the permit holder. 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 Township Engineer, at the sole expense of the owner(s).
n. 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 and shall be continuously maintained.
0. No soil shall be deposited, piled, or stockpiled on paved portions of municipal, County, State or private streets, roads, highways, etc. within the Township of Mahwah, unless in connection with sanitary sewer, drainage or utility (i.e. gas, water, electric, cable TV. and/or telephone) installations and/or repairs therein.
1. When soil so deposited on paved street surfaces is to remain for more than four (4) hours, a stone filter consisting of three-quarter (3/4") inch diameter clean stone, one (1') foot wide and six (6") inches high, shall be placed around the entire limits of soil.
2. Except in emergency repair situations, no soil shall remain piled or stockpiled on paved portions of streets overnight.
3. Stone used to construct ramps from pavement to top of curb must be clean and not contain any dust or fines.
p. Track-driven earthmoving 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.
1. The use of timber mats is required when such equipment is driven over the subject courses.
2. If such track-driven equipment traverses bituminous pavement, and leaves track marks thereon, the Township 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 estimate cost of such replacement with the Township to cover future pavement repairs.
q. 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 Township Engineer approves their removal, in writing.
r. Wheel and vehicular wash facilities shall be situated on-site, at locations which prevent the runoff and soil from such operations from entering the street and any drainage facilities serving the right-of-way, the project and/or surrounding properties.
s. A flagman or flagmen shall be provided by the applicant if deemed necessary by the Chief of Police or the Township Engineer. Soil movement operations on streets within the Township shall cease unless and until such personnel is/are provided.
t. 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 Township during the day or night,
u. All soil movement permits issued for single family residential construction shall specify an approved floor elevation for the residence. If as-built plans submitted for a residence show floor elevations which vary by more than one and one-half (1.5') feet from the approved floor elevations then the applicant/owner must receive approval of the deviation from the Planning Board prior to receipt of a certificate of occupancy for the residential dwelling unit. If there is a deviation of less than one and one-half (1 ') feet in the floor elevation as shown by an as-built drawing, then the deviation shall be approved by the Township Engineer prior to issuance of a certificate of occupancy.
(Ord. #1271, §28-3.6; Ord. #1297, §II)
In order to prevent erosion and the destruction of the aesthetic characteristics of the neighborhood, 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. The applicant shall submit an application map to the Township prior to the cutting or removal of any trees in lots in areas greater than twenty thousand (20,000) square feet. The application map made by such owner or excavator shall show the existing trees to be removed and to remain standing over eight (8") inches caliper in the actual area(s) of disturbance. Trees shall be measured for purposes of this subsection at a height of four (4') feet from the existing grade at the base of the tree. Soil shall not be placed within five (5') feet of the base(s) of trees, either on a temporary or on a permanent basis. Where and when directed by the Township 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. (Ord. #1271, §28-3.7)
a. No soil movement permit shall be issued unless and until the applicant or owner of the property shall have posted with the Township of Mahwah a cash guaranty, or a performance guarantee or performance bond, in form and with surety acceptable to the Township of Mahwah, in such amount as the Township shall determine, conditioned upon full and faithful performance by the owner, within the time 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 guarantees as required by this Chapter shall not be waivable by any approving authority. In addition, the release of the guarantee or bond shall be conditioned upon the repair, at the expense of the owner, of any Township street damaged by the transportation of soil material or equipment used in connection with the operation if, in the judgment of the Township 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 Township Engineer, the Township Attorney and/or other Township 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 Township Engineer.
b. Each applicant shall post with the Township a separate amount, in the form of cash or a bond to guarantee the proper revegetation and stabilization of all disturbed land areas in accordance with the requirements of the Soil Erosion and Sediment Control Plan certified by the Bergen County Soil Conservation District.
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. This revegetation guaranty may be called by the Township Council prior to expiration of the permit if the applicant has not satisfactorily revegetated and stabilized the subject site as determined by the Bergen County Soil Conservation District; in accordance with the seasonal planting requirements of the Soil Erosion and Sediment Control Plan as certified by the Bergen County Soil Conservation District.
c. 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 Planning Board Administrative Officer for the release of the performance and/or revegetation guarantees.
The Township 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 Planning Board Administrative Officer. Upon receipt of the Township Engineer's certification that the work has been completed in a good and workmanlike manner, the Planning Board Administrative Officer shall consider the release of the performance and/or revegetation guarantees.
d. Notwithstanding, the provisions of subsection 28-3.8, no separate performance and/or revegetation guaranty shall be required if performance and/or revegetation is already secured by other posted guarantees.
(Ord. #1271, §28-3.8)
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 guarantees are posted. (Ord. #1271, §28-3.9)
a. The Bergen County Soil Conservation District is the enforcement authority for all soil erosion and sediment control activities under its jurisdiction.
b. The Township 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 Soil Erosion and Sediment Control Standards.
(Ord. #1271, §28-3.10)
a. The requirements of subsections 28-2.4a, 4(c), 28-2.4b, 28-2.4c, 28-2.4d through 28-2.4j, 28-2.5, 28-3.1, 28-3.8 and 28-3.9 of this Chapter shall not apply to the following "exempt operations":
1. Excavations for the installation of septic tanks or sanitary disposal systems for which all applicable permits have been issued by the Township Department of Health;
2. Excavations for the installation of underground gas, water, electric, cable T.V. and telephone lines by licensed utility companies provided all other required permits have been issued;
3. To soil borings, test pit excavations or hazardous waste clean up operations, provided all other required permits have been issued.
4. Soil movement for lawn, garden or landscaping purposes on lots with existing dwellings or dwellings under construction subject to the requirements of subsection 28-3.11e, below.
b. The exceptions for foundations, swimming pools, septic tanks and sanitary disposal systems will be allowed for only one (1) foundation, swimming pool, septic tank or sanitary disposal system per lot, per year.
c. Abandoned wells, septic systems, cisterns, swimming pools or residential fuel oil tanks may be filled in without a permit provided that the owner or his agent files a soil movement permit application with the Planning Board Administrative Officer with sufficient information to review the proposal and provided that all Building Department approvals are obtained prior to commencement of the work.
d. Reserved.
e. A maximum of one hundred (100) cubic yards of soil 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 Planning Board Administrative 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.
f. 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 storm water runoff of the lot and shall not restrict or prevent the current flow of storm water from adjacent lots across the subject lot.
g. In order to qualify for an exception under this subsection 28-3.11, the applicant must file in advance with the Planning Board Administrative Officer a fully completed soil movement permit application.
h. For good cause, the reviewing/approving authority may require full compliance by an excepted application with all ordinance regulations for soil movement. (Ord. #1271, §28-3.11)
