Borough of North Arlington, NJ Chapter 314 Soil Removal

[HISTORY: Adopted by the Mayor and Council of the Borough of North Arlington 10-4-1955 by Ord. No. 722 (Ch. 171 of the 1984 Code). Amendments noted where applicable.]

§ 314-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

SOIL

Shall be liberally construed in its broadest sense and in addition to all types of soil includes all types of clay.

§ 314-2 Applicability of provisions.

The provisions of this chapter shall apply to all lands in the Borough of North Arlington, including meadowlands and uplands within the Borough.

§ 314-3 Permission required.

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 the excavation or grading incidental thereto, without first having procured permission therefor from the Mayor and Council.

§ 314-4 Application for permission; required information; fee.

[Amended 10-16-1984 by Ord. No. 1307]

The Mayor and Council shall not consider any application for removal of soil from the premises for sale or otherwise unless and until the owner of the premises shall first file with the Borough 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 the said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Mayor and Council of the Borough of North Arlington. No such permission for soil removal shall be issued until such map has been filed and the proposed contour lines and grades have been approved by the Mayor and Council of the Borough of North Arlington. The applicant shall pay a fee of $25 upon filing of the said application.

§ 314-5 Conditions for approval.

A. Upon written request for a hearing made by the applicant to the Mayor and Council, an opportunity to be heard shall be granted within 30 days thereafter. The Mayor and Council, in considering and reviewing the application and in arriving at its decision, shall be guided by and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:

(1) Soil erosion by water and wind.

(2) Drainage.

(3) Soil fertility.

(4) Lateral support slopes and grades of abutting streets and lands.

(5) Land values and uses.

(6) Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.

B. Permission to remove the soil shall be granted if, after examining the application and the map provided for in § 314-4 of this chapter, and after the hearing, in the event a hearing is requested by the applicant, the Mayor and the 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.

§ 314-6 Method of conducting operation.

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 with the contour lines and grades as approved by the Mayor and Council of the Borough of North Arlington.

§ 314-7 Retention of top layer or arable soil required.

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 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 Mayor and Council of the Borough of North Arlington.

§ 314-8 Performance guaranty; form of permission; fee.

[Amended 10-16-1984 by Ord. No. 1307]

Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the Mayor and Council a bond, in form and with surety acceptable to the Borough of North Arlington, in such amount as in the opinion of the Mayor and Council of the Borough of North Arlington shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Mayor and Council and the provisions of this chapter. Said permission granted by the Mayor and Council shall be in writing and shall be delivered to the applicant upon the payment of $25.

§ 314-9 Conformance required.

[Amended 10-16-1984 by Ord. No. 1307]

No excavation shall be made and no soil shall be removed under the provisions of the chapter unless permission 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.

§ 314-10 Violations and penalties.

[Amended 10-16-1984 by Ord. No. 1307]

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, Article I, General Penalty, in the discretion of the court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.