Ho-Ho-Kus
November 10, 2010 THE VILLADOM TIMES III • Page 9
Updated soil moving ordinance gains council’s approval
by Jennifer Crusco Updates to the Borough of Ho-Ho-Kus’ soil moving regulations have been approved by the governing body. Officials said Ordinance #970 amends the borough’s outdated ordinance on soil moving issues. Ordinance #970 will further regulate the movement of soil in the borough and will refine the permit application process by categorizing applications. For example, under the new ordinance, a minor soil moving permit will be required for the movement of less than 150 cubic yards of soil or the disturbance of greater than 2,000 square feet of a lot within any 12 consecutive months. An intermediate soil moving permit will be required for the movement of more than 250 cubic yards of soil on any lot within any 12 consecutive months, or the cumulative movement of more than 500 cubic yards within three consecutive years. A major soil moving permit will be required for the movement of soil on any lot within any 12 consecutive months that has been classified as a major soil moving application by the Soil Moving Committee and has been approved by the planning board, as required. The Soil Moving Committee will include among its members the construction official, a planning board designee, and the borough engineer. Once a soil moving application has been approved, anyone with a related grievance will be able to approach the planning board or the mayor and council to present an appeal. No individual or excavator will be permitted to move any soil or alter the grade of any property without obtaining a soil moving permit. Permit hearings will be required for properties located in a flood plain or floodway, properties that contain wetlands, and those properties that are subject to periodic flooding or interfere with the borough’s storm water system. According to the newly-adopted ordinance, no one will be permitted to import soil to a site within the borough in quantities of 50 cubic yards or more without securing a permit. The ordinance includes a list of fees, requirements for performance bonds, and requirements for road restoration bonds, where necessary. “Unregulated and uncontrolled disturbance, relocation, filling, excavation, and removal of soil on a large scale by developers and excavators in and upon lands in the borough has resulted in conditions detrimental to the public health, safety, and general welfare, substantially hampering and deterring the efforts of the borough to effectuate the general purpose of municipal planning,” the ordinance states. “Continuation of the unregulated and uncontrolled disturbance, relocation, filling, excavation, and removal of soil will result in serious and irreparable damage to the public welfare by reason of consequent soil erosion by water
and wind; inadequate and improper surface water drainage; a decrease in or destruction of the fertility of the soil; removal of lateral support of abutting streets, lands, and premises; creation of dust storms and places for mosquito breeding; creation of dangerous depressions or pits; deterioration of property values; rendering of lands unfit or unsuitable for their most appropriate use; and creation of other factors and elements hampering and deterring the coordinated, adjusted, and harmonious development of the borough.”
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