[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 4-9-1987 by Ord. No.
87-3. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 57.
No person shall excavate or otherwise remove soil or earth for
sale or use other than on the premises from which the soil or earth
shall be taken 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 Council of the Borough of Clayton.
The Mayor and Council of the Borough of Clayton shall not consider
any application for removal of soil or earth 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 lines and proposed contour grades resulting from
such intended removal of soil or earth in relation to the topography
of the premises. Said proposed contour lines and proposed grades shall
be subject to the inspection and approval of the Mayor and Council
of the Borough of Clayton. No such permission for soil or earth removal
shall be issued until such map has been approved by the Mayor and
Council of the Borough of Clayton.
A.
Request for hearing; factors to be considered.
(1)
Upon written request for a hearing made by the applicant to the Mayor
and Borough Council, an opportunity to be heard shall be granted within
30 days thereafter. The Mayor and Borough 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:
(2)
The Borough Council may, where it deems necessary in order to evaluate the aforesaid factors, require the applicant to perform on-site test borings and such other related testing as may be required and to make such modifications of the plan or map to be filed as required pursuant to § 80A-2 hereof.
B.
If, after examining the application and the map provided for in § 80A-2 of this chapter, and after the hearing, in the event that a hearing is requested by the applicant, the Mayor and Borough Council shall be of the opinion that the proposed soil removal will not create conditions which are inimical to the public health, welfare and safety and will not result in the creating of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land value, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted, for a period not to exceed one year. Any conditions of the approval shall be duly noted in the permit.
C.
Such review and approval shall be made within a period of 30 days
of submission of a complete application unless by mutual agreement,
in writing, between the municipality and the applicant, this period
is extended for an additional 30 days. Failure of the municipality
to make a decision within such a period or such extension shall constitute
certification.
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 to the contour lines and grades as approved by the
Mayor and Borough Council of the Borough of Clayton.
All applications for preliminary or final, if no application
is made for preliminary, subdivision approval shall be accompanied
by an application for a soil removal permit pursuant to the terms
hereof, which permit, if granted, shall be conditioned upon final
approval of the subdivision.
A.
Before any permit or permission for soil or earth removal shall be
granted or issued, the owner or applicant shall file with the Mayor
and Borough Council a bond, in form and with surety acceptable to
the Borough of Clayton, in such amount as, in the opinion of the Mayor
and Borough Council of the Borough of Clayton, shall be sufficient
to insure the faithful performances of the work to be undertaken pursuant
to the permission granted by the Mayor and Borough Council pursuant
to the provisions of this chapter.
B.
In the event that the surety bond shall not encompass terms and provisions
to assure highway safety cleanup by the applicant during the course
of each operation, the applicant shall be required to post with the
Borough Comptroller the sum of $500 to be held in escrow by the Borough
for the purpose of guaranteeing appropriate surety to effect such
cleanup in the event of the applicant's noncompliance or failure
to maintain reasonable maintenance of the highway from debris emanating
from the site. Said cash surety shall be maintained during the term
of the soil removal permit.
C.
The applicant shall evidence liability insurance in sums not less
than $100,000/$300,000 per accident. Such insurance shall indemnify
the Borough from the operations of the applicant. A certificate or
copy of said policy shall be delivered to the Borough Clerk for filing.
A.
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. Said permit shall contain the name and address of
a person residing within the State of New Jersey upon whom lawful
process may be served.
B.
Subsequent to the issuance of the soil removal permit, the applicant,
prior to the commencing of each soil removal operation in accordance
with the permit, shall be required to submit the following to the
Borough Engineer for approval:
(1)
An operation schedule which shall set forth the approximate length
and hours of operation and the section of the site to be excavated,
as well as an appropriate schedule of repair and restoration work
(such as grading, seeding and fertilizing) in reference to this operation.
(2)
A highway traffic plan which shall delineate the proposed entrances
and exits, the approximate number and use of personnel to be utilized
for the purpose of highway safety and traffic direction, as well as
the highway cleanup.
C.
Without the express written approval of the Borough Engineer, no
fertile top layer (topsoil) shall be removed from the site. All such
material shall be appropriately stockpiled for use in restoration
and repair of the site.
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalty provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty, § 1-2, Maximum penalty. Each and every violation and nonconformance of 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.
