If permission to move 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 Planning Board, the Zoning Board of Adjustment, the Borough
Engineer or the Zoning Officer of the Borough of Shrewsbury.
If permission to move the soil shall be granted, no owner shall take
away or cause to be deposited any soil upon his lands without providing for
a final layer of topsoil at least six inches in depth to be placed thereon,
pursuant to the levels and contour lines approved by the Planning Board, the
Zoning Board of Adjustment, the Borough Engineer or the Zoning Officer of
the Borough of Shrewsbury.
Before any permit to move soil shall be granted or issued, the owner
or applicant shall file with the Mayor and Council of the Borough of Shrewsbury
a bond by a surety company authorized to transact business in the State of
new Jersey, or, in lieu thereof, cash at the option of the applicant in such
amount as, in the opinion of the Mayor and Council of the Borough of Shrewsbury
on recommendation of the Borough Engineer, shall be sufficient to ensure the
faithful performance of the work to be undertaken pursuant to the permission
granted by the Planning Board, the Zoning Board of Adjustment, the Borough
Engineer or the Zoning Officer under and by virtue of the provision of this
chapter to indemnify the Borough for damages resulting from any failure to
comply with the provision of this chapter.
No excavation shall be made and no soil shall be removed or deposited
under the provision of this chapter unless a permit therefor shall have been
first obtained as proved herein, and no excavation shall be made and no soil
shall be removed or deposited except in conformity with the provision of this
chapter. The Police Department shall be the enforcing agency in determining
whether or not persons conducting soil removal or movement operations regulated
herein have obtained permits.
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction, be subject to a fine of not less than $50 nor more
than $1,250, a term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
Nothing herein contained shall prevent the municipal officials of the
Borough of Shrewsbury from bringing injunctive proceedings to restrain removal
of topsoil as described in this chapter.