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:
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.
Shall mean the importation from any site in or out of the
Borough of Moonachie of soil.
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:
a.
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.
b.
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:
a.
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.
b.
A completed soil review application and as-built drawings with appropriate
fees shall be submitted.
c.
The proposed dates of excavation, soil importation and/or redistribution
shall be provided.
d.
Certification that any soil imported to the lot or site shall be
free of any man-made materials, contaminates, etc.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
j.
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:
a.
Soil erosion by water and wind.
b.
Drainage.
c.
Soil fertility.
d.
Lateral support slopes and grades of abutting streets and lands.
e.
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:
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 on or before the date of completion set forth in the application.
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.
[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:
a.
Operations shall be conducted so that there shall be no sharp declivities,
pits or depressions.
b.
Lands shall be graded so as to conform to the approved contour lines
and grades and shall be cleared of debris.
c.
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.
d.
Adequate measures shall be taken to prevent erosion or the depositing
of soil upon surrounding lands, streets or municipal facilities.
