Said application shall bear the signature of the applicant and the endorsement of the owner or owners of said lands signifying approval of the application, consent to the applicant to perform the proposed work and consent to the Township, in the event failure of the applicant to do so, to cause the proposed work to be completed or otherwise terminated in keeping with the purposes and objectives of this Chapter
Accompanying the application shall be four (4) prints of a topographical map of the lot upon which the proposed sill cut and/or fill moving operations are to be conducted. If deemed appropriate by the Engineer, a map showing surrounding lands within two hundred (200') feet of -the Perimeter of the disturbed area, shall be prepared and certified by a licensed professional engineer or land surveyor of the State of New Jersey, on a scale of not less than one (I") inch equals one hundred (100') feet and referring to the United States Coast and Geodetic Survey datum, showing as to both -the lot and the surrounding lands Where a soil moving permit is sought in connection with a subdivision or site plan and a grading plan is submitted as part of the site plan or subdivision application, if the Engineer is satisfied that the grading plan adequately depicts the disturbed area with respect to the amount of soil to be relocated, then at the discretion of the Engineer, a separate plan would not be necessary as part of the application for soil moving permit.
a. The dimensions of the lot, including distance and bearings, and the lot and block numbers of the lot and of each lot in the surrounding lands as shown on a Tax Assessment Map of the Township.
b. The existing elevations of all lands on a fifty (50') foot grid layout or as required by the Engineer.
c. The existing elevations of all buildings, structures, streets, streams, bodies of water.
d. All existing surface and subsurface water drainage conditions and provisions therefor.
e. All wooded areas and all trees having a diameter of six (6") inches or more at the base,
f. The limits of the area or areas within the lot or lots in question within which the soil and/or fill moving operations are to be conducted, and the existing elevations of said limits at intervals of not more than one hundred (100') feet or as required by the Engineer
g. The proposed final elevations at each point where existing elevations shown on said map are to be changed as a result of completion of the proposed work
h. Proposed slopes and lateral supports at the limits of the area upon completion of the soil and/or fill moving operations
i Existing surface water drainage, channels of any streams, bodies of water and watercourses, natural or artificial, including detailed cross sections showing present and proposed channel widths, bank slopes, grade and method of erosion control, proposed provisions and facilities of surface water drainage which will result from the proposed changes in elevations and contours due to the moving of soil and/or fill. This information may be provided on a separate map in the form of a drainage study.
j. Accurate cross sections showing the locations, quantities, and calculations in cubic yards, of soil and/or fill to be removed
k. All proposed elevations in enclosed rectangular boxes; and all existing elevations to be indicated without any kind of enclosure.
l. Such other pertinent data as the Planning Board or Board of Adjustment may reasonably require.
m. All easements and restrictions of record which may affect the subject lot or lots.
n. If said moving application is in conjunction with a site plan or a subdivision plan, the developer shall submit a complete site plan or preliminary subdivision plan according to the appropriate Subdivision Ordinance.
a. The Engineer shall make an inspection of the site on which soil and/or fill is to be moved and shall make or cause to be made such engineering studies as may be required to determine the effect of the movement of soil and/or fill on the location as it relates to
2. Surface and subsurface water drainage.
4. Lateral support of abutting streets and lands
5. Public health and safety
6. Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township
b. Where the Engineer has deemed stakes appropriate pursuant to Section 1 7-6 1 (t) hereof, the Engineer shall inspect the aforesaid site to determine compliance with said section and whether stakes have been placed at the existing points designated on the topographical map or, a grading plan, where such grading plan has been determined to be acceptable pursuant to Section 17-6 3 hereof Before the Engineer inspects the applicant's land, the applicant's licensed land surveyor shall certify the location of any and all stakes as may be required pursuant to Section 1761 (t).
The Planning Board or Board of Adjustment shall fix a date for hearing within forty-five (45) days after the receipt of the application and shall give to the applicant, either personally or by mail, notice of the time and place of said hearing. The applicant shall, at (east ten (10) days prior to the date appointed for said hearing, serve written notice in person or by certified or registered mail upon such persons as are shown on the municipal tax records to be the owners of such lots within two hundred (200') feet of the property in question. The applicant shall also, at least ten (10) days prior to the date appointed for said hearing, place a legal advertisement in the official newspaper of the Township, setting forth its request for a soil moving permit, which notice shall include the name of the developer, a description of the property by lot and block, and the street address, the amount of soil and/or fill to be moved, the purpose for which the soil and/or fill is to be moved and the time, date and place of said hearing. The applicant shall, at the hearing, present to the Planning Board or Board of Adjustment satisfactory proof, in affidavit form, of the service and publication of said notices
In considering the application, the Planning Board or Board of Adjustment shall be guided by the general purposes of municipal planning and shall take into consideration the following factors
b. Surface and subsurface water drainage
d. Lateral support of abutting streets and lands
e. Public health and safety
f. Land values and uses
g. The general welfare of the municipality and of the citizens of the Township
h. The proper restoration of the premises after excavation as to safety and aesthetics
i The effect of flooding upon the premises in question and other property within and without the Township
j. Whether the proposed work will create a nuisance
k. Whether the proposed work is necessary in connection with the development of residential property
l. The effect that the proposed moving of soil and/or fill would have an individual sanitary sewage disposal system and/or water supply systems
m. The preservation of existing watercourses
n. The creation of sharp declivities, pits or depressions.
o Whether the proposed moving of soil and/or fill constitutes a commercial activity.
p. Proposed complete site plan or preliminary subdivision plan.
q. Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township
r. Proposed soil and sedimentation control plan
s. An approved trucking route for the relocated soil so as to prevent any serious traffic problems and to protect the structural integrity of the Township Roadways
The Planning Board or Board of Adjustment shall review and consider the competed application, all of the requirements of the provisions of this Chapter, the material factors brought up at the public hearing and the reports of other reviewing authorities of the Township and shall either grant or deny the issuance of said soil permit If the Planning Board or Board of Adjustment denies the permit, the reason for the denial shall be stated The Planning Board or Board of Adjustment may also issue a permit with stipulations and conditions The Planning Board or Board of Adjustment shall grant or deny the application within forty-five (45) days of the filing of a complete application or within such further time as may be mutually consented to between the applicant and the Planning Board or Board of Adjustment.
Primary jurisdiction for approval of applications for soil permits shall be that of the Planning Board However, in all instances where the Board of Adjustment has primary jurisdiction of a site plan application, subdivision application, or other application pursuant to the provisions of the New Jersey Municipal Land Use Act (N.J.S.A. 40 55D-1 et seq. ) and there is a soil permit applied for in conjunction with or as part of said application, then the Board of Adjustment shall be substituted for the Planning Board as the agency charged with the responsibility of reviewing said soil permit application, applying all of the criteria and requirements of this Chapter and rendering a decision pursuant to Subsection 17-6 7 of this Chapter.
A.single minor or major soil moving permit maybe issued to allow the removal of soil from one property within the Township and the depositing of the same soil on another property within the Township. The application for such a permit may be made:
(a) jointly by the owners of both properties or by applicants duly authorized by such owners, or
(b) by the owner of one property, or a duly authorized applicant, with the written consent of the owner of the other property. Such joint applications shall contain the information required under Subsections 17-6.1, 6.2 and 6.3, for both properties and shall be processed in accordance with the procedures set forth in this Section 17-6.
**Webmasters Note: Section 17-6.9 has been amended as per Ord. No. 24-02.
The following fees are to be paid with soil applications and will not be refundable whether the permit is issued, denied or withdrawn
a. Minor soil application fee: less than 500 cubic yards - fifty dollars ($50.00) more than 500 cubic yards - one hundred dollars ($100.00)
b. Major soil application fee two hundred fifty, ($250 00) dollars
c. Soil permit modification application fee -one hundred ($100.00) dollars.
**Webmasters Note: Section 17-7.1 a has been amended and c has been added as per Ord. No. 24-02.
Except in circumstances where soil movement is planned to occur exclusively within the confines of the property upon which the soil being moved originates or any property in common ownership and contiguous therewith, a soil moving fee will be charged at the rate of fifteen ($15) cents per cubic yard of fill or excavation less the soil application fee. If the application for soil moving permit is voluntarily withdrawn, the soil moving fee shall be refunded less the expenses incurred by the Township.
The applicant shall also be responsible for payment of engineering and legal review and inspection fees. Where the application is processed simultaneously with an application for subdivision or site plan approval, escrow fees as set forth in Subsection 13-2.402 of the Land Use Ordinance shall be utilized. Where a separate major soil movement permit is sought, an escrow fee of one thousand ($1,000.00) dollars shall be posted with the Board Clerk at the time of application and shall be supplemented as needed as a condition of approval. Inspection fees shall be established pursuant to Subsection 13-2.404 of the Land Use Ordinance. In connection with an application for a minor soil permit involving more than 500 cubic yards in the quantity of soil to be moved, or a modification to a major soil movement permit involving an increase in more than 500 cubic yards in the quantity of soil to be moved, an escrow fee of four hundred ($400.00) dollars shall be posted with the Township Engineer at the time of the application. In connection with an application for a minor soil permit involving less than 500 cubic yards in the quantity of soil to be moved, or a modification to a major soil permit involving an increase of less than 500 cubic yards, an escrow fee of two hundred ($200.00) dollars shall be posted with the Township engineer at the time of the application.
**Webmasters Note: Section 17-7.3 has been amended as per Ord. No. 24-02.
All utility companies and Federal, State and local authorities, including the Board of Education and charitable organizations, may be exempt from the requirements of soil application fees and soil movement fees at the discretion of and upon application to the Township Council.
a. In the event that the Planning Board or Board of Adjustment approves the soil moving permit application, the Planning Board or Board of Adjustment shall forthwith give notice to the applicant of the action taken. When a performance guarantee is required, the Planning Board or Board of Adjustment shall also give notice of the amount of the performance guarantee required as hereinafter set forth in this section In the event that the applicant fails to post the required performance guarantee within sixty (60) days of said notice, then the approval of the Planning Board or Board of Adjustment shall be automatically rescinded, but in no event shall any soil and/or fill moving activities be begun until required performance guarantees are posted
b. No major soil moving permit shall be issued unless the applicant therefor shall have posted with the Township a performance guarantee, in the form approved by the Township Attorney, in either cash or its equivalent, or a surety bond as specified by the Township Council, in such amount as the Planning Board or Board of Adjustment, upon written recommendation of the Engineer, shall determine, conditioned upon full and faithful performance by the principal, within the time specified in the application, of all the proposed work in accordance with the provisions of this Chapter and of the soil moving permit issued pursuant hereto
c. Amount of Performance Guarantee
1. The amount of said performance guarantee shall be determined at the rate of not less than ten ($0.10) cents per cubic yard and not in excess of fifty ($0 50) cents per cubic yard of the amount of soil and/or fill to be moved; provided, however, that in no event shall said performance guarantee be less than the principal amount of two thousand ($2,000.00) dollars The Planning Board or Board of Adjustment may request additional performance guarantees for improvements shown on the soil moving application or plan, such as but not limited to the following- retaining walls, planting, drainage, erosion control, damages to property and public improvements in haul route, etc,
2. In ascertaining the rate upon which to compute the amount of the performance guarantees, the Planning Board or Board of Adjustment shall take into consideration such factors as may bear upon the facility with which the proposed work may be performed, including but not limited to the type and character of soil and/or fill, the extent of the area over which the soil and/or fill moving operations are to be conducted, the extent and depth of the various cuts and fills, the extent to which the area of operations is wooded, the proximity of the proposed operations to streets, buildings, structures, natural or artificial streams or watercourses and general drainage conditions
d. Before the holder of any soil moving permit shall proceed before the Planning Board or Board of Adjustment with any application for any amendment or alteration of the terms and conditions of any outstanding soil moving permit, there shall be submitted to the Planning Board or Board of Adjustment, if a performance bond was posted, the written consent of the surety on said bond approving said application for amendment or alteration and consenting to extension of the bond coverage thereto
e. Applications for the release of any performance guarantees posted in accordance with the terms of this section or the resolutions of the Planning Board or Board of Adjustment shall be accompanied by an as built drawing and affidavit stating that the soil and/or fill moving operation has been completed in accordance with the application and ail plans, maps and other data filed therewith and in accordance with all resolutions and conditions therein adopted by the Planning Board or Board of Adjustment Said affidavit shall be executed by a licensed professional engineer or land surveyor of the State of New Jersey
a. The soil moving permit shall be in such form as may be prescribed by the Planning Board or Board of Adjustment A major soil permit shall be signed by the Secretary of the Planning Board or the Chairman of the Planning Board, or the Secretary or Chairman of the Board of Adjustment, and it shall contain any special conditions set forth in the recommendation A minor soil permit shall be signed by the Township Engineer
b. The soil moving permit shall be dated as of the date it is actually issued, and the term of said permit shall not exceed one (1) year
c. All permits shall automatically expire on the termination date, unless application for renewal has been made and approved in writing, extending such permit. Each such extension shall not exceed one year from the termination date. A permit extension shall not be granted if the application is currently in non- compliance with any of the terms of the permit. No more than two (2) extensions of a major soil moving permit may be granted by the Township Engineer. For subsequent extensions of a major soil permit, applicant shall reapply to the board of original jurisdiction, which may deny the extension and/or amend the permit to require compliance with new requirements of this Chapter or of the Township's Land Development Ordinance to the extent that the development does not have statutory immunity from same.
**Webmasters Note: Section 17-9 c has been amended as per Ord. No. 24-02.
d. Hours of operation There shall be no soil and/or fill moving operations, which includes loading and unloading, at any time between 4.00 p m and 8:00 a.m., prevailing time, nor at any time on Sunday or legal holidays, nor on Saturday after the hour of 12 00 noon
e. No soil moving permit shall be issued until it is determined that there are no outstanding taxes or assessments for local improvements due or delinquent on the property for which the application is made
No person to whom a soil moving permit has been issued shall.
a. Conduct or maintain on the premises any sand, gravel or similar kind of pit; any sand or gravel washing or screening machinery or equipment, any business or industry not permitted in the district in which said premises are located and classified by the Roxbury Township Land Use Ordinance, as amended and supplemented: or any endeavor or enterprise other than the grading or regrading of said premises in accordance with the provisions of said permit and, where applicable, the necessary disposal of soil incidental to said grading or regrading
b. Conduct or maintain any soil and/or fill moving operations without having first made adequate provisions for the prevention of dust incidental to the use of vehicles, machinery and equipment on the lands described in the soil permit in compliance with the soil erosion and sediment control plan
c. Neglect to dispose of, on or before the completion date stated in the application, any partially or wholly excavated boulders or other noncombustible debris resulting from the soil and/or fill moving operations, by burial or removal, and any partially or wholly excavated stumps, felled or uprooted trees or other combustible debris resulting from the soil and/or fill moving operations.
d. Conduct any soil and/or fill moving operations beyond the expiration date as set forth in the soil moving permit or extended expiration date as may duly be granted by the Planning Board or Board of Adjustment
e. Leave the site or enter the Township with loose soil or mud attached to the outside of the trucks
f. Use Township roadways without first making provisions for maintaining these roadways to a condition equal or better than the existing condition
