The borough council hereby finds that:
a. The
land in the borough has a low water table.
b. The
removal of topsoil, earth and other soil results in continued dampness
in the ground and in the formation of areas of stagnant water.
c. Such
areas are conducive to insect breeding and other unhealthful and unsanitary
conditions detrimental to the general health, safety and welfare of
the people.
For the purpose of this section, the following words and terms
shall have the meaning set forth, unless another meaning is clear
from the context:
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
No person shall excavate any soil or change or alter the grade
of any property within the borough without having first obtained a
permit from the planning board.
The above paragraph shall not apply in the following situations:
a. The
excavation of soil for use on the premises from which it is taken,
provided that this does not involve any substantial change in the
topography of the premises.
b. The
excavation of soil in connection with the construction or alteration
of the basement or foundation of a building.
c. Any
business or industry operating within the borough engaged in the mining
or processing of sand, clay or similar material.
Applications shall be made to the borough clerk, who shall forward
them to the planning board, and shall be accompanied by the following:
a. A map
of the premises showing the present contour lines and the proposed
future contour lines resulting from the intended excavation or redistribution
of soil.
b. The
grades resulting from the intended removal or redistribution of soil
in relation to the topography of the premises. This information may
be included in the map required above.
c. The
proposed dates for the commencement and completion of the work.
In considering the application, the planning board shall be
guided by factors of soil erosion by water and wind, drainage, soil
fertility, lateral support slopes and grades of abutting streets and
lands, land values and uses, and any other factor which is relevant
to the coordinated, adjusted and harmonious development of the borough.
If, after considering such factors, the planning board determines
that the proposed removal or redistribution of soil will not be detrimental
to the health, safety or welfare of the borough or its inhabitants,
they shall issue the necessary permit. Otherwise, they shall deny
the application and shall notify the applicant. Notice of the grant
or denial of the application shall be given to the applicant within
a reasonable time after the application is filed.
Before the permit is issued, the applicant shall file with the
planning board a bond, executed by the applicant as principal and
a surety company licensed to do business in the State of New Jersey
as surety. The amount of the bond shall be determined by the planning
board, but in no event shall be less than $1,000, and shall be conditioned
that the permittee will complete the work authorized by the permit
in conformity with the terms of the permit and the provisions of this
section on or before the date of completion set forth in the application,
and that the applicant will repair any public street, structure or
land which may be damaged as a result of the work authorized by the
permit. A separate bond shall be required for any land subdivision.
Silt removal or redistribution conducted under a permit issued
under this section shall be in accordance with the following regulations:
a. Operations
shall be conducted so that there shall be no sharp declivities, pits
or depressions.
b. Lands
shall be graded so as to conform to the approved contour lines and
grades and shall be cleared of debris.
c. The
top layer of soil, to a depth of six inches, shall not be removed
from the premises, but shall be set aside and re-spread over the premises
when the remainder of the soil has been removed.
d. Adequate
measures shall be taken to prevent erosion or the depositing of soil
upon surrounding lands, streets or municipal facilities.