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Borough of Matawan, NJ
Monmouth County
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Table of Contents
Table of Contents
[1971 Code § 7-8.1]
The Mayor and Council of the Borough find that the uncontrolled and unregulated filling and removal of soil has resulted and will result in conditions detrimental to the public safety, health and general welfare, deterring substantially the efforts of the Borough to promote and effectuate the general purpose of Borough planning.
[1971 Code § 7-8.2]
As used in this section:
MOVE
Shall mean to dig, excavate, remove, deposit, fill, grade, replace, level or otherwise alter or change the location or contour of land or to transport or supply the same.
REDISTRIBUTION
Shall mean any change or alteration in the grade of any property.
SOIL
Shall mean earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence of organic matter.
[1971 Code § 7-8.3; New]
No person shall excavate, redistribute or otherwise remove soil for sale or for use other than on the premises from which the soil has been taken, except in connection with the construction or alterations of a building on such premises, and excavation or grading incidental thereto, without first having procured a permit therefor from the Borough Clerk. The permit fee shall be $100.
[1971 Code § 7-8.4]
The Borough Clerk shall not consider any application for the removal of soil from the premises for sale or otherwise unless and until the owner of the premises shall first file with the Borough Engineer an application requesting such permission, and until the following have been observed:
a. 
A map of the premises showing present contour lines of the premises and the proposed contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises must also accompany the application.
b. 
The proposed contour lines and proposed contour grades shall be subject to the inspection and approval by the Borough Engineer.
c. 
No such permission for soil removal shall be issued until such map has been filed and until the proposed contour lines and grades have been approved by the Borough Engineer.
[1971 Code § 7-8.5]
In acting on the application, the Borough Engineer shall be guided by the following factors:
a. 
Soil erosion by water and wind.
b. 
Drainage or sewerage problems.
c. 
Soil fertility.
d. 
Lateral support slopes and grades of abutting roads and lands.
e. 
Land values and uses.
f. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
If, after considering the above factors, the Borough Engineer determines that the proposed removal or redistribution of soil will not be detrimental to the health, safety or welfare of the Borough or its inhabitants, the Borough Clerk shall issue the necessary permit.
[1971 Code § 7-8.6]
The applicant shall have the right to appeal to the Mayor and Council from a denial for such a permit by the Borough Clerk provided the appeal is filed in writing with the Borough Clerk within 10 days from the date of the denial.
[1971 Code § 7-8.7]
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the Borough Clerk a bond with satisfactory surety, the amount to be determined after report of the Borough Engineer and obtain issuance in accordance with this section as to necessities and requirements in the undertaking, and shall be conditioned as follows:
a. 
That the permittee will complete the work authorized by the permit in conformity with the terms of the permit and the provisions of this section.
b. 
That the applicant will repair any public street, structure or land which may be damaged as a result of the work authorized by the permit.
c. 
That the owner or applicant will pay the cost of inspection and supervision incurred by the Borough Engineer in examination and inspection during the progress of soil removal as well as the cost of receiving the initial application. No permit shall be issued unless this fee is paid in full.
[1971 Code § 7-8.8]
Soil removal or redistribution conducted under a permit issued under this section shall be in accordance with the following regulations:
a. 
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
b. 
The area shall be properly leveled off, cleared of debris, and graded to conform with the contour lines and grades.
c. 
The top layer of soil to a depth as determined by the Borough Engineer, after reviewing soil logs, shall not be removed from the premises, but shall be set aside and respread over the premises when the rest of the soil has been removed.
[1971 Code § 7-8.9]
These exceptions shall be noted:
a. 
Nothing within the section shall prohibit the transportation of topsoil into the Borough of Matawan from another municipality.
b. 
Soil may be transported from one lot to another within an area owned or developed by one person.
[1971 Code § 7-8.10]
The provisions of this section shall not be applicable to any work under the direction of competent Borough authorities, by employees of the Borough or by any contractor of the Borough performing work for and in behalf of the Borough necessitating fill removal.