Except in connection with construction on the
premises, no soil shall be removed without a permit therefor from
the Common Council of said City.
All applications for a permit must be accompanied
by a contour map of the premises, showing the topography thereof following
the intended removal.
Each applicant shall be granted a hearing on
request before the Common Council, and said Common Council shall take
into consideration soil erosion, drainage, soil fertility, lateral
support slopes and grades of abutting streets, land values and uses
and such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the City.
Permission to remove soil shall be granted if
the Common 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,
depressed land values, nor create any drainage, sewerage problems
or other conditions of danger.
When permission to remove has been granted,
the person in charge of the removal shall not take away from the premises
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
a retention on the premises and shall be respread over the premises
when the rest of the soil has been removed.
A bond in an amount fixed and approved by the
Common Council with a surety company authorized to do business in
the State of New Jersey as surety, shall be filed with the City Clerk
to insure that the removal is accomplished in accordance with the
permission granted.
[Amended 4-22-2009 by Ord. No. 8-2009]
Any person or persons, partnerships or corporations
who or which violate or fail to comply with the provisions of this
chapter shall, upon conviction thereof before the Municipal Magistrate
or other judicial officer hearing the same, be subject to a fine not
exceeding $2,500 or imprisonment not exceeding 10 days or both, in
the discretion of said judicial officer hearing the same.