[Ord. #576, § 8]
The Borough Council hereby declares and finds that this section
is necessary, advisable and proper for good government, order and
for the protection of persons and property and for the preservation
of the public health, safety and welfare of the Borough and its inhabitants.
[Ord. #576, § 1]
As used in this section:
Shall mean a single, contiguous parcel of land
Shall mean sand, gravel, clay, humus, mineral or similar
substance and material.
[Ord. #567, § 2]
No soil within the Borough shall be removed, except in connection
with construction on the premises, unless a permit is first applied
for and obtained from the Borough Council as hereinafter provided.
[Ord. #576, § 3]
Permit applications for any such removal shall be in writing
directed to the Borough Clerk. It 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 of the premises delineating
and outlining the premises and showing the contours thereof. The application
shall also state where any soil to be removed is to be deposited.
[Ord. #576, §§ 4, 5]
a.
The Borough council on receipt of any application shall fix a time
and place for a hearing, of which the applicant and any other persons
interested or affected shall be notified by the Borough Clerk.
b.
At and following any hearing and before final action on the application,
the Borough Council 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.
[Ord. #576, § 6]
No permit shall be granted unless the Borough Council finds
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.
[Ord. #576, § 7]
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 Borough
Council shall provide. The Borough Council 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 such reasonable amount and
with such sufficient surety as the Borough Council shall determine,
conditioned for the performance by the applicant of such soil removal
in accordance with any permit and any terms, provisions or conditions
thereof.
[Ord. #576, § 9]
This section shall be in addition to any remedies provided by
N.J.S.A. 12:3-21.
[Ord. #576, § 10]
Any person violating any of the provisions of this section shall be upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. This subsection shall not be construed nor is it intended to operate so as to prevent the Borough from recovering on any performance bond which may be required by the Borough under this section, nor to prevent the Borough from revoking any permit in the event the applicant does not perform or comply with any of the terms, provisions and conditions of the permit so issued.
