[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield 5-11-1965 (Ch. 143 of the 1991 Code). Amendments noted where applicable.]
No person, firm or corporation 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 excavation
or grading incidental thereto, without first having procured permission
therefor from the Mayor and Borough Council.
The Mayor and Borough 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 Secretary of the Planning Board an application requesting
such permission, together with a map of the premises showing the present
contour lines of the premises and the proposed contour lines and proposed
contour grades resulting from such intended removal of soil in relation
to the topography of the premises, and said proposed contour lines
and proposed grades shall be subject to the inspection and approval
of the Borough Engineer and the Planning Board of the Borough of Newfield.
No such permission for soil removal shall be issued until such map
has been filed and until the proposed contour lines and grades have
been approved by the Borough Engineer and the Planning Board of the
Borough of Newfield.
In the removal of soil, when permission has
been duly 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 to the contour lines and grades
as approved by the Borough Engineer and Planning Board of the Borough
of Newfield.
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 four inches,
but such top layer of arable soil to the depth of four 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 Borough Engineer and Planning
Board of the Borough of Newfield.
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 with satisfactory surety, the amount
to be determined after report of the Borough Engineer and the Planning
Board of the Borough of Newfield as to necessities and requirements
in the undertaking, which bond shall be conditioned that the work
of soil removal shall comply with the ordinances and regulations on
the subject and shall be done in a proper manner in accordance with
the grades and contour lines approved by the Borough Engineer and
the Planning Board of the Borough of Newfield, and that the top layer
of soil to a depth of four inches shall be set aside and retained,
to be thereafter respread over the area when the rest of removal has
been completed, and that repairs at the expense of the owner or applicant
shall be made to any street or streets used in transportation of soil
if the Mayor and Council shall consider repairs are necessary because
of such use of the streets, and that the work shall be done properly
without detriment to adjoining properties or detriment to the Borough
of Newfield and without leaving any sharp declivities, pits or depressions
and will be leveled off properly and cleared of debris, and that the
owner or applicant will pay the cost of inspection and supervision
incurred by the Borough Engineer in examination and inspection during
the progress of the soil removal.
No excavation shall be made and no soil removed
under the provisions of this chapter unless a permit 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.
Any person, firm or corporation violating any
of the provisions of this chapter shall be subject to a fine not exceeding
$2,000, imprisonment not exceeding 90 days, and/or a period of community
service not exceeding 90 days, in the discretion of the Judge before
whom such conviction shall be had. Each and every violation of and
nonconformance with this chapter, or each day that any provision of
this chapter shall have been violated, shall be construed to be a
separate and distinct violation thereof.
