[Amended 1-22-1985]
No person shall remove soil for sale or for other use without
first having procured permission therefor from the Mayor and Borough
Council.
The Mayor and Borough Council shall not consider an 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, together with a map
of the premises showing the 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 Mayor and Council
of the Borough of Raritan. 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 Mayor and Council of the
Borough of Raritan.
Upon written request for a hearing made by the applicant to
the Mayor and Council, an opportunity to be heard shall be granted
within 30 days thereafter, and the Mayor and Council, in considering
and reviewing the application and in arriving at its decision, shall
be guided by and take into consideration the public health, safety
and general welfare, and particular consideration shall be given to
the following factors:
A. Soil erosion by water and wind.
D. Lateral support slopes and grades abutting streets and lands.
F. Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
If, after examining the application and the map provided for in §
300-2 of this chapter and 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.
If permission to remove the soil shall be 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 with the contour lines and grades as approved by
the Mayor and Council of the Borough of Raritan.
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 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 of the Borough of
Raritan.
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, in form and with surety acceptable to the Borough of Raritan,
in such amount as, in the opinion of the Mayor and Council of the
Borough of Raritan, shall be sufficient to insure the faithful performance
of the work to be undertaken pursuant to the permission granted by
the Mayor and Council pursuant to the provisions of this chapter.
No excavation shall be made and no soil shall be 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 $200 or imprisonment
in the county jail for a term not exceeding 90 days, in the discretion
of the Municipal Court 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 as a separate and distinct violation thereof.