No person, including individuals, a company,
firm or corporation, shall excavate or otherwise remove soil in excess
of three cubic yards for any use other than on the premises from which
the soil shall be taken without first procuring a permit from the
Municipal Clerk. Excepted from the foregoing shall be soil removed
from the premises by reason of excavating a cellar, foundation footing
or other opening in connection with the construction or alteration
of a building on such premises and the excavating or grading incidental
thereto. In no event shall any soil be moved outside the geographical
boundaries of the Borough of Dunellen. Nothing contained herein shall
affect the removal of soil in and about and upon property utilized
for agricultural purposes, except that the owner or occupant of such
property shall not remove or cause to be removed any soil removed
therefrom for sale either as topsoil or fill without first obtaining
a permit to do so. Said permit shall become void after three months
from the date of issuance.
Any person desiring a permit, as provided in §
245-1, shall file with the Municipal Clerk an application to be signed by the person intending to perform such operation and by the owner of the premises from which soil is to be removed, together with a map of the premises, showing the present contour lines and the proposed contour lines and grades resulting from such intended removal of soil in relation to the topography of the premises and a description of the quantity of soil to be removed.
No permit for such removal shall be issued by
the Municipal Clerk until the map hereinbefore mentioned and the proposed
grades have been approved by the Mayor and Council of the Borough
of Dunellen, and no such approval shall be given unless the said map
has been approved by the Borough Engineer.
Any such operation shall be so conducted that
there shall be no sharp declivities, pits or depressions and so that
the area shall be properly leveled off and cleared of debris and grades
to conform to the approved grades for proper drainage.
The top four inches of arable soil shall be
set aside for retention on the premises and shall be respread and
seeded on the premises when the rest of the soil has been removed
pursuant to approved levels and shall be subject to the approval of
the Borough Engineer.
In the removal of soil, dirt or other material
only such streets within the Borough of Dunellen shall be used for
transportation as may be designated for that purpose by the Borough
Engineer, and such streets shall be kept free from dirt resulting
from such soil removal work. A copy of the streets so designated shall
be filed by the Borough Engineer with the Chief of Police.
Before any permit for soil removal shall be
issued, the owner of the premises or the person removing the soil
shall pay a fee of $2.50 for the issuance of said permit and shall
file with the Municipal Clerk a surety bond in an amount to be fixed
by the Borough Engineer after considering the necessities and requirements
of the undertaking and shall be in a form to be approved by the Borough
Attorney. Said bond shall be conditioned that the work of soil removal
shall comply with the ordinances and regulations on the subject, shall
be done in a proper manner in accordance with the approved grades
and that the top layer of soil, to the depth of four inches, shall
be set aside and retained to be thereafter respread over the area
when the last of the removal has been completed, subject to the approval
of the Borough Engineer. Said bond shall be further conditioned that
repairs, at the expense of the owner, shall be made to any street
or streets used in transportation if the Borough shall consider repairs
necessary because of such use of the streets and that the work shall
be properly done without detriment to the Borough, without leaving
any sharp declivities and shall be cleared of debris, and that the
owner, or the one performing said operation, will pay the cost of
engineering, inspection, supervision and street cleaning incurred
by the Borough during the progress of the soil removal.
Any person violating any of the provisions of
this chapter shall be subject to a fine of not exceeding $500 or to
imprisonment for a term not exceeding 90 days, or both, in the discretion
of the Court. Every day on which such violation continues shall constitute
a separate offense.