Every person who shall transport over the streets, roads or highways in the Borough of South River any soil removed from any land or premises pursuant to a soil removal permit issued in accordance with this chapter shall daily sweep, pick up and remove or cause to be swept, picked up and removed all dust, dirt and mud from said road, streets or highways and shall apply or cause to be applied to said road, streets or highways a dust preventative whenever the same shall be deemed necessary and such fact is communicated to the holder of the permit by the Borough Engineer. In the event of failure, neglect or refusal of any person so to sweep, pick up and remove such dust, dirt and mud or to apply a dust preventative when required by this section, the Borough Engineer is authorized to suspend any soil removal permit issued for a period of not less than three days or may revoke the same after notification in writing by a duly authorized officer, agent or employee of the Borough to the holder of said permit. In the event of such revocation, no soil removal permit shall again be issued to such person unless application therefor is made as required by Article III of this chapter.
A.Â
No soil removal permit shall be issued unless and until
the applicant therefor shall have posted with the Borough of South River a
performance bond in such form and with such surety as may be acceptable to
the Borough and in such amount as the Borough Engineer shall deem to be reasonable,
using the following as a standard: from $1,000 per 50,000 cubic yards or part
thereof to a maximum of $5,000 per 50,000 cubic yards or part thereof, but
in no case in an amount less than $7,500.
B.Â
The Borough Engineer shall determine the amount of the
bond, taking into account the nature and extent of work to be done; the type
and character of the soil; the extent of the area over which the operations
are to be conducted; the extent and depth of the various cuts and fills; the
extent to which the area of operation is wooded; the proximity of proposed
operations to streets, buildings, structures, natural or artificial streams
or watercourses and the general drainage conditions; and such other factors
as may bear on the operation. Said performance bond shall be conditioned upon
the full and faithful performance by the applicant and the principal, within
the time specified in the application, of all the proposed work in accordance
with the provisions of this chapter and of the soil removal permit issued
pursuant thereto.
