[Ord. No. 543; 1972 Code § 15-2.1; Ord. No. 4-90; Ord. No. 6-07]
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil has been taken, except in connection with the construction or alteration of a building on such premises, and incidental excavation or grading, without first having procured a permit from the Construction Official. The fee for this permit shall be $250
[Ord. No. 6-07]
To the extent not otherwise prohibited by this Chapter, "Soil and Soil Removal," it shall not be permissible to transport and stockpile any dirt, soil, stone, sand, rock, crushed concrete, aggregate, asphalt, recycled material, construction debris and/or material, of any kind whatsoever, whether purchased new, or excavated or obtained from an off-site location, either within or beyond the boundaries of the Borough, and deposit the same on a site within the Borough; (a) for storage and/or disposal of any kind, whether temporary or permanent, except pursuant to a valid New Jersey Department of Environmental Projection permit and/or license authorizing such use on said site and which use has been approved in accordance with the Zoning Ordinance(s) of the Borough; or (b) otherwise for use as part of a permanent installation, and/or construction project, upon said site within the Borough unless the same has been authorized pursuant to a valid permit issued in accordance with the provisions of this Chapter and/or pursuant to a valid construction permit issued by the Borough's Construction Department, which is similarly issued in accordance with any and all applicable provisions of the Construction Code and this Chapter; or (c) except for temporary storage of such material for use by the Department of Public Works and/or pursuant to a municipal contract or improvement project.
[Ord. No. 543; 1972 Code § 15-2.2; Ord. No. 4-90]
Applications for a soil removal permit shall be in writing directed to the Construction Official; shall state the purpose of the removal; the depth in inches to be removed; the volume in cubic yards to be removed, and shall be accompanied by a map delineating and outlining the premises and showing its contours. The application shall also state where any soil to be removed is to be deposited.
[Ord. No. 543; 1972 Code § 15-2.3; Ord. No. 4-90]
The Construction Official may direct such application to the Borough Engineer for his recommendation.
[Ord. No. 543; 1972 Code § 15-2.4; Ord. No. 4-90; Ord. No. 6-07]
Prior to final action on any application, the Construction Official and/or Engineer shall consider soil erosion, soil fertility, drainage, lateral support, slopes, grades of adjoining lands and of streets, and other thoroughfares, land values and uses and such other factors as may bear upon or relate to the coordinated adjusted and harmonious development of the Borough. If the application is referred to the Engineer for review pursuant to subsection 17-1.3 said Engineering review shall be funded by the applicant with a minimum initial review fee of $500, or greater as estimated by the Engineer.
[Ord. No. 543; 1972 Code § 15-2.5; Ord. No. 4-90]
The owner of the premises or the person in charge of the removal of soil, when permission has been granted, shall not take away a top layer of arable soil for a depth of four inches, but such top layer of arable soil to a 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 the levels and contour lines recommended by the Borough Engineer and Construction Official.
[Ord. No. 543; 1972 Code § 15-2.6; Ord. No. 4-90]
No permit shall be granted unless the Engineer or Construction Official find the proposed removal will not create or result in conditions inimical to the public health, safety and welfare, will not create or tend to create sharp, deep or unusual declivities, pits, or depressed land values or any other condition which may be inimical to the public health, safety and welfare.
[1972 Code § 15-2.7; Ord. No. 4-90]
Any permit may be granted with such reasonable terms, provisions and conditions for the protection of persons and property and for the protection of the public health, safety and welfare, as the Engineer or Construction Official shall provide. The Engineer or Construction Official may, as one of the conditions, provide that the applicant shall procure and file a bond with the Borough Clerk, running to the Borough, in reasonable amount and with sufficient sureties as the Mayor and Council shall approve, conditioned for the performance by the applicant of such soil removal in accordance with any such permit and any terms, provisions or conditions thereof.