[HISTORY: Adopted by the Borough of Rutherford Council 9-3-1957 by Ord. No. 1726. Amendments noted where applicable.]
Land subdivision and site plan review — See Ch. 50.
Stormwater management — See Ch. 107.
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil is taken, except in connection with the construction or alteration of a building on such premises or normal grading incidental thereto, without first having procured permission therefor from the Mayor and Council.
The Mayor and 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 Borough Clerk an application requesting such permission, stating the location of the proposed soil removal and the length of time required for the same, together with a map of the premises showing the contour lines and proposed contour grades resulting from such intended soil removal 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. No such permission for soil removal shall be issued until the proposed contour lines and grades have been approved by the Mayor and Council.
The Mayor and Council, in considering and reviewing the application and in arriving at its decision, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
In the event permission is not granted, the applicant, upon written request for a hearing made to the Mayor and Council, shall be given an opportunity to be heard within 30 days thereafter.
If, after examining the application and the map provided for in § 102-2 hereof, or after the hearing in the event a hearing is requested by the applicant, the Mayor and 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, permission to remove the soil shall be granted. Such permission shall be effective for a period of time to be determined by the Mayor and Council.
If permission to remove the soil is granted, the owner or person in charge shall conduct the operation so that there shall be a minimum of dust and dirt in the air, that the streets are kept clean of falling soil from conveyances of the same and that there are 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.
The owner of the premises or the person in charge of the removal of the 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 Mayor and Council.
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall pay to the Borough Clerk a fee in the amount to be determined by the Mayor and Council and shall file with the Mayor and Council a bond, with corporate surety authorized to do business in New Jersey, in such an amount as shall be deemed sufficient by the Mayor and Council to insure the faithful performance of the work to be undertaken pursuant to the permission granted by the Mayor and Council under the authority of this chapter. The obligation of said bond shall not be released or terminated until the Mayor and Council are satisfied that the said work has been completed in accordance with the said permit.
No excavation shall be made and no soil shall be removed under the provisions of this chapter unless a permit therefor shall have first been obtained as provided herewith, and no excavation shall be made and no soil removed except in conformity with the provisions of this chapter.
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not exceeding $200, or imprisonment in the county jail for a term not exceeding 90 days, in the discretion of the Judge before whom such conviction shall be made. Each and every violation and nonconformance of this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinct violation thereof.
This chapter shall take effect immediately after publication according to law.