[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.
A.
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:
B.
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.
