[HISTORY: Adopted by the Mayor and Council of the Town of Clinton
12-14-1971 as Section 6-7 of Ch. VI of the Revised General Ordinances, 1971.
Amendments noted where applicable.]
The Council finds that the uncontrolled and unregulated excavation,
filling and removal of soil has resulted and will result in conditions detrimental
to the public safety, health and general welfare, deterring substantially
the efforts of the town to promote and effectuate the general purpose of municipal
planning.
As used in this chapter, the following terms shall have the meanings
indicated:
To dig, excavate, remove, deposit, fill, grade, replace, level or
otherwise alter or change the location or contour of land or to transport
or supply soil.
Any change or alteration in the grade of any property.
Earth, sand, clay, loam, gravel, humus, rock or dirt, without regard
to the presence or absence of organic matter.
[Amended 12-12-1995 by Ord.
No. 95-16]
No person shall excavate any soil or change or alter the grade of any
property within the town without having first obtained a permit from the Public
Works/Business Administrator.[1] This chapter shall not apply to the excavation of soil for use
on the premises from which it is taken, provided it does not involve any substantial
change in the topography of the premises, or the excavation of soil in connection
with the construction or alteration of the basement or foundation of a building.
Applications shall be made to the Department of Public Works 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, which information may
be included in the map required by the preceding subsection.
C.
The proposed dates for the commencement and completion
of the work.
D.
Name and address of the owner of the land.
E.
Lot and block numbers of the lands as shown on the current
Tax Map of the town.
F.
Reason for removing the soil.
G.
Type and quantity of soil to be removed.
H.
Location to which soil is to be removed.
I.
Precautions planned to prevent erosion during construction.
J.
Such other pertinent data as the Public Works/Business
Administrator deems necessary.
[Amended 12-12-1995 by Ord.
No. 95-16]
[Amended 12-12-1995 by Ord.
No. 95-16]
A.
In considering the application, the Public Works/Business
Administrator shall take into consideration and be guided by 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)
Excessive noise.
(7)
Excessive wear and tear on streets and roads within the
town.
(8)
Dust and dirt affecting other properties.
(9)
Any other factor relevant to the coordinated, adjusted
and harmonious development of the town.
B.
If, after considering the above factors, the Public Works/Business
Administrator determines that the proposed removal or redistribution of soil
will not be detrimental to the health, safety or welfare of the town or its
inhabitants, he shall issue the necessary permit. Otherwise, he shall deny
the application and so notify the applicant. Notice of the grant or denial
of the application shall be given to the applicant within 30 days after the
application is filed.
[Amended 12-12-1995 by Ord.
No. 95-16]
If the application is denied, the applicant may appeal the decision of the Public Works/Business Administrator to the Council by filing a notice in writing to that effect with the Clerk within 30 days after receiving notice of the decision of the Administrator. The Council shall set a time and place for a hearing and so notify the applicant. If, after examining the application and the map provided for in § 118-4, or after the hearing in the event a hearing is requested by the applicant, the Mayor and Council are 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, excessive noise problems, excessive wear and tear on streets or roads within the town, excessive dust or dirt affecting other properties, nor create any drainage, sewerage problems or other conditions of danger, nor create any condition which would detract from the coordinated, adjusted and harmonious physical development of the town, 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 and shall be subject to such reasonable terms and conditions as to hours of work, size of loads and equipment to be used as the Public Works/Business Administrator, Mayor and Council find necessary for the public safety, health and general welfare. The decision of the Council rendered after a hearing shall be final.
The removal of lawn sod shall be permitted on the condition that the
owner or lessee of the land from which the lawn sod is removed shall replace
any soil within two months which has been removed with the sod.
[Amended 12-12-1995 by Ord.
No. 95-16]
Before the permit is issued, the applicant shall file with the Public
Works/Business Administrator 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 Public Works/Business
Administrator in an amount which is deemed sufficient to ensure the faithful
performance of the work. The bond shall be conditioned so that the permittee
completes the work authorized by the permit in conformity with the terms of
the permit and the provisions of this chapter on or before the date of completion
set forth in the application and that the applicant shall repair any public
street, structure or land which may be damaged as a result of the work authorized
by the permit.
Soil removal or redistribution conducted under a permit issued under
this chapter 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 contour
lines and grades approved 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 respread over
the premises when the remainder of the soil has been removed.
D.
All of the work described in this chapter shall be performed
between the hours of 7:00 a.m. and 8:00 p.m. on any working day.
E.
Adequate measures shall be taken to prevent erosion or
the depositing of soil upon surrounding lands, streets or municipal facilities.
Nothing in this chapter shall be construed so as to prevent the town
from taking injunctive proceedings to restrain removal of topsoil as described
in this chapter.
