[HISTORY: Adopted by the City Council of the City of Long Branch
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-26-1971 by Ord. No. 590
as Sec. 17-2 of the 1971 Code]
As used in this article, the following terms shall have the meanings
indicated:
To dig, excavate, remove, deposit, place, fill, grade, regrade, level
or otherwise alter or change the location or contour. This term shall not
be construed to include cultivation, plowing or spading or any other operation
with regard to the soil which is generally associated with the tilling thereof
for agricultural or horticultural purposes.
Any person, including corporations, seized in fee simple of any lot
or subdivision or having any interest or estate which would permit effective
possession thereof or dominion thereover.
Any earth, clay, loam, gravel, stone, sand, dirt or rock without
regard to the presence or absence therein of organic matter.
In its natural state, constitutes the top layer of earth and which
supports vegetation.
[Amended 12-26-1973 by Ord. No. 717]
No person shall move, or allow to be moved, soil for sale or for use
other than on the premises from which this soil shall be taken unless and
until a soil permit has been obtained from the Building Department. An exception
is made to the holder of a current building permit who must excavate on the
site as required for the proper construction of the projected building. In
no case will there be allowed the removal of topsoil from any land site within
the city limits.
[Amended 12-26-1973 by Ord. No. 717]
The Building Department shall not consider any application for the removal
of soil from the premises for sale or otherwise unless and until the owner
of the premises shall first file with the Construction Code Official an application
requesting a permit, together with a map of the premises showing the present
contour lines and the proposed contour grades which would result from such
movement of soil in relation to the topography of the premises. The proposed
contour lines and proposed contour grades shall be subject to the inspection
and approval of the City Engineer and the Building Department. No permit for
soil movement shall be issued until the map has been filed and until the proposed
contour lines and grades have been approved by the City Engineer and the Building
Department.
[Amended 12-26-1973 by Ord. No. 717]
The form of the soil permit shall be prescribed by the Building Department,
and a record of all permits issued shall be kept by that office.
No soil permit shall be issued until a fee of $25 shall be paid by the
owner or applicant to the city, together with a charge of $.01 per cubic yard
for each cubic yard of soil to be removed from the land.
[Amended 12-26-1973 by Ord. No. 717]
No permit for soil removal shall be granted to an applicant or owner
unless the owner or applicant files with the city a bond with satisfactory
surety, the amount to be determined after report of the City Engineer and
the Building Department as to necessities and requirements in the undertaking,
which bond be conditioned that the work of soil removal shall comply with
the regulations on the subject and shall be done in accordance with the grades
and contour lines approved by the City Engineer and the Building Department.
The top layer of arable soil to a depth of 11 inches shall be set aside and
retained, to be thereafter respread over the area when the rest of the removal
has been completed, and repairs at the expense of the owner or applicant shall
be made to any street or streets used in transportation of soil if the Building
Department or Construction Code Official shall consider repairs are necessary
because of such use of the streets. The work shall be done properly without
detriment to adjoining property or detriment to the city without leaving any
sharp declivities, pits or depressions, and streets shall be leveled off properly
and cleared of debris; the owner or applicant will pay the cost of inspection
and supervision incurred by the City Engineer and the Building Department
in examination and inspection during the progress of the soil removal.
[Amended 12-26-1973 by Ord. No. 717]
A.
When permission has been granted for the removal of soil,
the owner or person in charge of removal shall conduct the operation so 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 approved by the City Engineer
and the Building Department.
B.
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 to a depth of 11 inches, but such top layer of
arable soil to a depth of 11 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 City
Engineer and the Building Department.
C.
To promote and preserve the health and welfare of the
people of the city, it is ordained that all the work described in this article
be performed between the hours of 8:00 a.m. and 8:00 p.m. on any working day.
[Adopted 7-10-1973 by Ord. No. 697
(Sec. 17-3 of the 1971 Code)]
No person or party, nor any agent or representative, shall make ground
excavations or change land levels or contours or deposit or spread ground
or soil fills or build up the levels thereof upon his land and premises, or
lands and premises of another, without first making written application for
the same to and obtaining a permit from the City Engineer.
Such permit shall not be granted when the doing of such works would,
or may have the tendency to, cause the flow, collection, accumulation or increase
the flow, collection or accumulation of rain or surface waters upon the adjoining
lands or premises of another or others or create stagnant pools or moisture
areas thereon or increase the same; provided, however, where proper and adequate
drains or safeguards to prevent the same are, in the opinion of the City Engineer,
provided for in connection with the work, such permit shall be granted. Any
person or party may have a hearing before the City Council, from an adverse
determination of the City Engineer.
To compensate for the reasonable expense of administering this article,
a fee of $10 shall be payable upon application for a permit.
A.
No person shall permit the accumulation, collection or
deposit of rain surface waters on his grounds to form stagnant water pools
or ponds, but shall properly drain off the same.
B.
No leaders or drains shall be constructed, installed
or maintained in such manner as to cast rainwater upon the adjoining property
of others.
The performance or permitting of any matter prohibited by this article is hereby declared to be a public nuisance. Each violation of this article, or any provision thereof, shall constitute a separate offense hereunder. Each day work performed in violation thereof is done or is completed or remains shall constitute a separate violation. Each violation of this article shall be punishable as provided in Chapter 1, General Provisions, Article I.
