Editor's Note: The power to regulate soil removal is included within the general police power granted by N.J.S.A. 40:48-2.
[Ord. #120; 1970 Code § 14-1; Ord. #2004-6, § 15-1]
The Borough Council finds that the land in the Borough has a low water table; and the removal of top soil, earth and other soil results in continued dampness in the ground and in the formation of areas of stagnant water; and such areas are conductive to insect breeding and other unhealthy and unsanitary conditions detrimental to the general health, safety and welfare of the people.
[1970 Code § 14-2; Ord. #2004-6, § 15-2]
As used in this Chapter:
- CLEAN FILL
- Shall mean soil free of any man-made objects such as cement, concrete, asphalt, metal of any kind, plastic chemical contamination, etc.
- Shall mean any change or alteration in the grade of any property.
- Shall mean earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence of organic matter.
- SOIL IMPORT
- Shall mean the importation from any site in or out of the Borough of Moonachie of soil.
- SOIL TEST
- Shall mean a written certification by a recognized professional soil testing laboratory.
[Ord. #120, § 1; 1970 Code § 14-3; Ord. #2004-6, § 15-3]
No person shall excavate or import any soil or change or alter the grade of any property within the Borough of Moonachie that involves 25 or more cubic yards of fill without having first obtained approval by the Borough Engineer and a soil permit issued from the Construction Department. The following situations are exempt from soil permits:
The excavation of soil during the normal course of construction for footings and foundation on additions and new structures. When this soil is used as backfill against the new foundation wall and when in the opinion of the Construction Official there is no substantial change in grade topography of the premises from the unused portion of excavated soil.
The importation from off site and subsequent redistribution of soil of less than 25 cubic yards on any single lot or site within the Borough of Moonachie.
[1970 Code § 14-4; Ord. #2004-6, § 15-4]
All soil importation, redistribution and/or excavation shall be first reviewed by the Construction Department of the Borough of Moonachie. If in the opinion of the Construction Official an application must be reviewed by the Borough Engineer, the applicant shall submit an application (as provided by the Construction Official's Office) for soil movement and shall be regulated by the following:
Two sets of signed and sealed New Jersey as-built drawings by a New Jersey licensed engineer showing the existing and new topography elevations on the lot or site. Proper contour lines with invert elevations shall be indicated as well as the area for temporary storage of all soil and soil silt fencing.
A completed soil review application and as-built drawings with appropriate fees shall be submitted.
The proposed dates of excavation, soil importation and/or redistribution shall be provided.
Certification that any soil imported to the lot or site shall be free of any man-made materials, contaminates, etc.
The truck route for all soil importation deliveries. This information shall also include the time of day the soil will be imported through the Borough of Moonachie. This information shall be reviewed by the Moonachie Police Department prior to any soil permit being issued for approved delivery/export route through the Borough of Moonachie.
All additional information that the Borough Engineer may require to perform a proper review of the application and drawings. The Borough Engineer shall, in the process of the review, insure that the following has been considered: soil erosion by wind and water, flood zone requirements, drainage, slope and grades of abutting streets, the general welfare of the citizens of the Borough of Moonachie and the State Land Use Act.
To insure that any and all road, sidewalk or curb damage created by the soil importation or redistribution operation or delivery is properly repaired or replaced, a bond or cashier's check in the amount of $250 to $5,000 shall be submitted to the Borough Clerk. This bond is to be held until the Borough Engineer has conducted an inspection of the site, roads, sidewalks and curbs at the completion of the project. The Borough Engineer shall then issue a written release of the bond or portion thereof to the Borough Clerk.
A permit fee in the amount of $0.10 per cubic yard (minimum fee shall be $150) to be imported and/or redistributed on each separate lot, site or shall be submitted to the Construction Department upon approval for the permit by the Borough Engineer. In addition an escrow amount for Engineer field inspections shall be deposited with the Borough Clerk in the amount of $250 per inspection required or a fee designated by the Borough Engineer to cover all inspections and reviews. The number of field inspections shall be determined by the Borough Engineer at the time of application.
Notification to all property owners within 200 feet of lot or site to have soil movement. The notification may be done by certified mail on the notification form provided in the application package.
No Certificate of Occupancy or approval will be issued on any project involving the movement of soil until the Borough Engineer conducts a final inspection on the site and issues a written release to the Construction Department.
[1970 Code § 14-5; Ord. #2004-6, § 15-5]
In considering the application, the Construction Official shall be guided by the following factors:
Soil erosion by water and wind.
Lateral support slopes and grades of abutting streets and lands.
Land values and uses.
Any other factor which is relevant to the coordinated, adjusted and harmonious development of the Borough.
If, after considering the above factors, the Construction Official 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, he shall issue the necessary permit. Otherwise, he shall deny the application and so notify the applicant. Notice of the grant or denial of the application shall be given to the applicant within a reasonable time after the application is filed.
[1970 Code § 14-6; Ord. #2004-6, § 15-6]
If the application is denied, the applicant may appeal the decision of the Construction Official to the Borough Council by filing a notice in writing to that effect with the Borough Clerk within 10 days after receiving notice of the decision of the Construction Official. The Council shall set a time and place for a hearing and shall so notify the applicant. The decision of the Council rendered after a hearing shall be final.
[Ord. #120, §§ 1, 2; 1970 Code § 14-7; Ord. #2004-6, § 15-7]
The removal of lawn sod shall be permitted on the condition that the owner or lessee of the land from which the lawn sod is removed shall replace any soil which has been removed with the sod within two months.
[1970 Code § 14-8; New; Ord. #2004-6, § 15-8]
Before a permit is issued the applicant shall file with the Borough Clerk a bond executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety. The amount of the bond shall be determined by the Construction Official, but in no event shall be less than $1,000, and shall be conditioned as follows:
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 on or before the date of completion set forth in the application.
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.
[1970 Code § 14-9; Ord. #2004-6, § 15-9]
Soil removal or redistribution conducted under a permit issued under this section shall be in accordance with the following regulations:
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
Lands shall be graded so as to conform to the approved contour lines and grades and shall be cleared of debris.
The top layer of soil to a depth of six inches shall not be removed from the premises, but shall be set aside and respread over the premises when the remainder of the soil has been removed.
Adequate measures shall be taken to prevent erosion or the depositing of soil upon surrounding lands, streets or municipal facilities.