[1976 Code § 11-1]
The Mayor and Borough Council find and determine that unregulated
and uncontrolled excavations and removal of soil on a large scale
may result in conditions detrimental to the public safety, health
and general welfare of the Borough and create certain hazards and
cause the Borough additional expense.
[1976 Code § 11-2]
As used in this chapter:
Shall mean any digging or removal of soil from the surface
of the ground generally known as "open" or "open cut" excavations,
or quarry, but shall not involve excavation by means of shafts and
rolling equipment inserted through holes into the ground to extract
ores and minerals commonly known as "underground mining."
Shall mean and be synonymous with "license," and wherever
"license" shall be used it shall mean "permit."
Shall mean one or more contiguous parcels of land in single
ownership. Parcels shall not be deemed to be contiguous if separated
by a road, right-of-way, railroad or stream or other natural division.
Shall mean and include surface or topsoil, and subsoil and
all soil beneath the surface of the ground, be it sand, gravel, clay,
boulders, stone, aggregate dirt, or a combination of one or more of
the foregoing, or otherwise; excepting however, earth materials consisting
of and known as minerals and ores.
[1976 Code § 11-3]
No person shall excavate or otherwise remove any soil from the
premises which the same shall be taken, except in connection with
the construction or alteration of a building on such premises or grading
incidental thereto, without first having procured a permit therefor
from the Borough Council.
[1976 Code § 11-4]
Applications for permit required by this chapter shall be signed
by the applicant responsible for the excavation and be accompanied
by the data showing the following information:
a.
The name and address of the applicant if an individual the name,
residence and business address of each partner if a partnership; or
if a corporation, the name, date and state under whose laws such corporation
was organized and the names of the directors, principal officers and
legal representatives, their residences and business addresses.
b.
A detailed description of the premises where the excavations or soil
removals are to be conducted together with a map of the premises showing
the tract involved and all roads or buildings, streams or bodies of
water within 300 feet thereof. The map shall also show existing contours
of the lands and the names of adjoining owners.
c.
A consent of the owner of the tract if the owner is not the applicant
and a statement of the relationship between the applicant and the
owner.
d.
Plans showing the places where entrances or exits to the excavation
and any buildings or fences thereon are to be located.
e.
A statement of the type of equipment and apparatus to be used in
the operation.
f.
A statement of the hours within which the operation will be conducted.
g.
Proof of liability insurance coverage for amounts of not less than
$100,000 for each person injured or $300,000 total for each accident
causing personal injuries and $50,000 for property damage for each
accident.
h.
A certification by the applicant of the estimated total amount of
soil to be removed, together with the period of time estimated for
removing the same.
[1976 Code § 11-5.1]
If after examination the application and accompanying papers,
the Borough Council believes that the issuance of a permit and proposed
soil removal or excavation will not create conditions inimical to
the public health, welfare, and safety such as may arise from drainage
or sewerage problems, conditions of danger to life or personal safety,
or depressed land values, the Borough Council may authorize the Borough
Clerk to issue a permit pursuant to the provisions of this chapter.
[1976 Code § 11-5.2]
If upon examining the application and the data therein the Borough
Council believes that further investigation and information is desirable
in the interest of public health, safety and welfare, the Borough
Council may conduct a public hearing upon the application at a time
not less than 15 or more than 30 days following the receipt of the
application. In the event of such hearing the applicant shall be required
to give public notice at least seven days prior to the hearing by
publication in a newspaper and posting of notices in the Borough offices
and by mailing, by certified mail, notices of the hearing to all adjoining
owners of the lands bordering the premises to be affected. At the
public hearing the Borough Council may receive testimony and further
evidence from the applicant and from any interested persons and reports
from any Borough officials. The Borough Council shall inform the applicant
within five days following hearing whether a license may be issued
or shall be denied and in the event of denial, written reasons for
the denial shall accompany the notice.
[1976 Code § 11-6]
Any premises licensed shall be enclosed within a substantial
fence with suitable gates for entrance and exit thereto to be approved
by the Borough Engineer. The fence may either be of the solid type
or of wire of such strength and type as to prevent entrance by animals
or humans but shall be at least six feet in height and shall completely
enclose the portion of the premises where the excavation or soil removal
is to be performed. The fence shall be located at least 30 feet from
the edge of any excavation or soil removal and at least 30 feet from
any roadway and shall be at least 50 feet from any stream or body
of water. No excavation or soil removal shall be permitted within
50 feet from any adjacent owner nor within 100 feet from any adjacent
owner nor within 100 feet from any building, structure or active recreational
facility.
[1976 Code § 11-7]
a.
This chapter shall not be intended to require a permit for any excavation
or removal of soil for the preparation of a lawn, sidewalk or driveway,
or for excavations for septic tanks or for shallow drainage ditches
or filter beds or like sanitary improvements.
b.
Nothing in this chapter shall be construed to affect or apply to
any person engaged in the moving of soil in and upon lands enrolled
in the Soil Conservation Program of the New Jersey Soil Conservation
District of the United States Department of Agriculture Soil Conservation
Service, providing that all soil moving operations in and upon such
lands are performed in accordance with an "Approved Farm Plan" within
such Department.
[1976 Code § 11-8]
Applicants for permits shall pay the following fees:
[1976 Code § 11-9]
The applicant shall permit inspection of the premises at all
reasonable business hours by members of the Borough Council, the Borough
Engineer, or members of the Borough Police Department, or of such
persons as the Borough Council may lawfully authorize to inspect the
premises and report thereon to the Borough Council. Inspections herein
provided for shall include a survey, cross section, or examination
by the Borough Engineer.
[1976 Code § 11-10; New]
b.
In the event that inspection or examination of the premises by the Borough Council or any of the persons mentioned in Section 21-9 herein shall reveal that the applicant has removed a greater amount of soil either than estimated in its application or certified to upon the payment of any three months fee, the permit granted for the excavation shall be suspended upon 24 hours' notice to the applicant, or such person as may be authorized to receive notice herein, by the Police Department of the Borough, and a hearing upon the alleged violation shall be held by the Borough Council as soon as reasonable upon at least 48 hours' notice to the applicant or his authorized agent.
c.
In the event that the Borough Council shall determine after the hearing
that the applicant or person to whom the permit was issued shall have
removed more soil than estimated or certified, or in the event that
the Borough Council may determine that there has been a violation
of any of the other sections of this chapter after notice to the applicant
holder of the permit of such violation, the Borough Council may suspend
the permit for a stated period of time, or otherwise revoke and cancel
the permit entirely, which remedy shall be in addition to other remedies
available to the Borough. In the event of any suspension or revocation
of permit, the Borough Council shall furnish the reasons for such
action in writing to the holder of the permit within seven days following
the conclusion of the hearing.
[1976 Code § 11-11]
Any notices required to be given herein by the Borough Council
shall be given to the person making the application for a permit,
or any person therein designated by the applicant to receive the notices
at the address either of the applicant or such other person as may
be specified therein. The notices may be given by the Borough Council
in person or by certified mail.
[1976 Code § 11-12]
a.
No holder of a permit herein shall at any time in the course of an
excavation dig or excavate or remove soil below ground surface below
road grade within 50 feet of the edge of any road or street, and in
no event shall any excavation below any final grade be made as shown
on the topographical map annexed to the application for the permit.
b.
In the event that the excavation or removal of soil results in a
declivity or hole involving a greater depth or slope than considered
safe by the Borough Engineer, the holder of the permit shall be required
to make such slopes or otherwise fill any hole or excavation to a
point considered safe by the Borough Engineer.
c.
In order to prevent erosion, any excavator or permittee removing
soil shall leave as many trees as practicable in all areas where excavations
are made, except where excavations are made for buildings or driveways
or streets.
d.
In order to prevent spillage, undue dust or any dirt conditions,
the holder of the permit or his agents or persons with whom he does
business may be required by notice from the Borough Council to compel
every vehicle transporting soil under the permit to be covered with
a canvas or other suitable top covering so as to prevent the contents
or any part thereof on the vehicle to become scattered or spilled
in the course of moving within the Borough. Any person owning or operating
a vehicle without using such covering in the course of transporting
the soil under the permit within the Borough after being notified
to use such coverage shall be deemed to be in violation of this section.
e.
In order to prevent an undue dust condition, the holder of a permit
may be required to oil any road or area, whether temporary or not,
within the confines of the site for which a permit shall be granted,
if after investigation and notice to the license holder the Borough
Council shall determine such oiling to be necessary. The area to be
covered and the quantity of oil used shall be determined by the Borough
Engineer.
[1976 Code § 11-13]
The provisions of this section shall not apply to property owned
by the Borough.
