The Commissioners hereby find 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 Borough to promote
and effectuate the general purpose of municipal planning.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
MOVE
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 the same.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
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,
within two months, shall replace any soil which has been removed with
the sod.
Before the permit is issued, the applicant shall file with the
Engineer 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 Director of Public
Works, but shall not be less than $1,000, and shall be conditioned
as follows:
A. That the permittee will complete 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.
B. That the applicant will 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 to conform to the approved contour lines and
grades 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 the work described in this chapter shall be performed between
the hours of 8:00 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 on surrounding lands, streets or municipal
facilities.
Nothing in this chapter shall be construed to prevent the Borough
from taking injunctive proceedings to restrain removal of topsoil
as described in this chapter.