Township of Moorestown, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Moorestown 6-6-1955 by Ord. No. 294. Amendment noted where applicable.]
Uniform construction codes — See Ch. 56.
Penalties for Code violations — See Ch. 66.
Flood damage prevention — See Ch. 83.
Streets and sidewalks — See Ch. 155.
Subdivision of land — See Ch. 158.
Swimming pools — See Ch. 161.
Zoning — See Ch. 180.
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, without first having procured permission therefor from the Township Council.
The Township Council 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 Township Clerk an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises, and said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Council of said township. 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 Township Council.
Upon written request for a hearing made by the applicant to the Township Council, an opportunity to be heard shall be granted within 30 days thereafter, and the Township Council, in considering and reviewing the application and in arriving at its decision, shall be guided by and shall take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
Soil erosion by water and wind.
Soil fertility.
Lateral support slopes and grades of abutting streets and lands.
Land values and uses.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
If, after examining the application and the map provided for in § 150-2 of this chapter and after the hearing in the event that a hearing is requested by the applicant, the Township Council shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as approved by the Township Council.
[Added 4-9-1984 by Ord. No. 1209]
Unless the conditions of approval specifically state to the contrary, any soil removal permit granted under this chapter may be transferred with the land to which it relates, and, if so transferred, the transferee shall be subject to and comply with all of the terms and conditions of such permit. Any person to whom a soil removal permit is granted may enter into contractual relationship with other persons respecting operation pursuant to and in compliance with the permit, but such contractual relationship shall not release the permit grantee from the terms and conditions of the permit.
The owner of the premises or the person in charge of the removal of soil, when permission has been duly granted, shall not take away the top layer of arable soil for a depth of six inches, but such top layer of arable soil to a depth of six inches shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to levels and contour lines approved by the Township Council.
Topsoil which has been stockpiled since on or before January 1, 1984, may be removed to other lands within the Township where the existing depth of topsoil is less than six inches.
[Added 1-26-1984 by Ord. No. 1227]
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the Township Council a bond, with surety acceptable to the Township Council, in form and in such amount as in the opinion of the Township Council shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted by the Township Council under the provisions of this chapter.
No excavation shall be made and no soil shall be removed under the provisions of this chapter unless a permit therefor shall have been first obtained as provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this chapter.[1]
Editor's Note: Former § 150-9, Violations and penalties, as amended, which section immediately followed this section, was repealed 3-20-2006 by Ord. No. 5-2006. See now Ch. 66, Penalties for Code Violations.