[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 5-25-54. Section 114-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Article I. Other amendments noted where applicable.]
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken, except in connection with the construction or alteration of a building on such premises, and excavation or grading incidental thereto, without first having procured a permit therefor from the Mayor and Town Council of the Town of Secaucus on the recommendation of the Planning Board of the Town of Secaucus.
The owner of any premises wishing to excavate and use its property for any of the purposes provided in § 114-1 shall file with the Secretary of the Planning Board of the Town of Secaucus 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 in relation to the topography on the premises. This map shall be prepared by and bear the seal of a New Jersey licensed surveyor. Within a reasonable time after receipt of the application, but no later than 30 days, the Planning Board shall act upon the application and either approve or disapprove of the same. If the application is approved, the Planning Board shall notify the Mayor and Town Council of its approval and recommend the issuance of a permit.
In the event that the application is disapproved or the Mayor and Town Council do not concur in the recommendation of the Planning Board, the applicant, upon written request, may petition the Mayor and Town Council to review either the decision of the Planning Board or its failure of concurrence, in which event the Mayor and Town Council shall, within 30 days thereafter, sit as a reviewing body at a public hearing, and in such review, it shall hear any witnesses offered by the applicant or offered by the town and in its decision be guided by and take into consideration the public health, safety and general welfare and give particular consideration to the following factors:
In this connection, the Town of Secaucus shall have the right to subpoena and examine any witnesses. If after examining the application and the map provided for herein and after such public hearing, the Mayor and Town 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 or, depressed land values, nor create any drainage or sewerage problems or other conditions of danger, the permit applied for 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 Town of Secaucus.
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 Town Council of the Town of Secaucus.
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 Town of Secaucus, in such amount as in the opinion of the Mayor and Town Council of the Town of Secaucus shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Mayor and Town 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 violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.