[HISTORY: Adopted by the City Council of the City of Long Branch as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 177.
Earth removal in parks — See Ch. 247.
Subdivision of land — See Ch. 300.
Disturbing soil for building tennis courts — See Ch. 312, § 312-4H.
Zoning — See Ch. 345.
[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:
MOVE
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.
OWNER
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.
SOIL
Any earth, clay, loam, gravel, stone, sand, dirt or rock without regard to the presence or absence therein of organic matter.
TOPSOIL
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).