No person shall move, relocate, remove, excavate, fill or increase the quantity of soil in excess of 250 cubic yards on his premises without first having procured permission therefor from the Mayor and Council of the Borough of Demarest as hereinafter provided.
[HISTORY: Adopted by the Mayor and Council of the Borough of Demarest 12-17-1958 by Ord. No. 252. Amendments noted where applicable.]
Application for soil permits shall be submitted in duplicate to the Mayor and Council of the Borough of Demarest upon forms prescribed and furnished by the Borough Clerk.
The application shall contain the following information:
A.
Name and address of the owner of the land.
B.
Name and address of the party moving the soil and a full description of the vehicles moving the soil.
C.
Description of the land in question.
D.
Lot and block numbers of the lands as shown on the current Assessment Map of the Borough of Demarest.
E.
Reason for moving the soil.
F.
Type and quantity of soil to be moved.
G.
Location from which and to which the soil is to be moved.
H.
Dates of commencement and completion of the moving of the soil.
I.
Final condition of the land from which the soil and to which the soil is moved.
J.
Present and proposed slopes of the land.
K.
Such other pertinent data as the Borough Council may deem necessary, including a sketch or topographical map, prepared and certified by a licensed professional engineer or land surveyor, to show the slopes and grades of the land and abutting lands and streets.
L.
The proposed route to be followed in accessing the land, which route shall use municipal residential streets as little as possible and, where municipal streets must be used, follows the shortest route through said municipal residential streets. Routes should to the greatest extent possible traverse primary streets before collector streets and collector streets before minor streets as those terms are defined in § 153-13.
[Added 2-18-1992 by Ord. No. 713]
The Mayor and Council shall consider and review the application within 30 days after its submission in proper form and may continue the hearing to any date or dates as it deems necessary.
The Mayor and Council, in considering and reviewing the application and in determining its decision, shall grant the applicant and his witnesses an opportunity to be heard on the question and shall be guided by the general purpose of municipal planning and shall take particular consideration of the following factors:
A.
Soil erosion by water and wind.
B.
Surface water drainage.
C.
Soil fertility.
D.
Lateral support slopes and grades of abutting streets and lands.
E.
Public health and safety.
F.
Land values and uses.
G.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
H.
The route to be used in accessing the land. The Mayor and Council may not refuse a permit because of the route recommended by the applicant but may, in its discretion and upon the advice of the Superintendent of Public Works or Chief of Police or their respective designees, designate a route different from the route listed in the application, which different route the applicant must follow as a condition of the permit approval.
[Added 2-18-1992 by Ord. No. 713]
After the examination, hearing and review of the application, the Mayor and Council shall grant permission to move soil from or to the premises, provided that the relocation thereof will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp pits, soil erosion or fertility problems and will not cause depressed land values or create any drainage or sewerage problems or other conditions dangerous and detrimental to the public health, safety and general welfare.
The applicant shall move the soil, in accordance with the soil permit, under the supervision of the Building Inspector and Borough Engineer and shall pay a reasonable fee for such services in the amount determined by the Mayor and Council.
The owner of the premises or the person in charge of the relocation of the soil, when permission has been duly granted, shall not take away the top layer of soil for a depth of eight inches, but such top layer of soil to a depth of eight 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 moved pursuant to levels and contour lines approved by the Mayor and Council of the Borough of Demarest.
No permission or soil permit shall be issued unless and until the applicant therefor shall have filed with the Borough of Demarest a performance bond, in form, amount and surety acceptable to the Borough of Demarest, conditioned upon full and faithful performance of the soil's being moved in accordance with the provisions of this chapter and permission of the Mayor and Council granted pursuant hereto.
No excavation shall be made for the removal of soil as required by the provisions of this chapter unless permission therefor shall have been first obtained as provided herein, and no soil shall be removed on or off the premises except in conformity with the provisions of this chapter.
[Amended 4-18-1983 by Ord. No. 562; 7-15-1991 by Ord. No. 703]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not to exceed $1,000 or to imprisonment in the county jail for not more than 90 days or to a period of community service not exceeding 90 days, or all of the above, in the discretion of the Judge imposing the same. Each and every nonconformance with this chapter or each day that any provision of this chapter is violated shall be construed as a separate and distinct violation thereof.