A.
No owner, developer, excavator or other person shall dig, excavate, scrape or otherwise disturb nor move or cause, allow, permit or suffer to be moved the soil on any premises in the Borough for use other than on the premises from which it shall be taken unless and until, after application to and a public hearing by the Planning Board of the Borough of South River, such Board shall first determine that the excavation and removal of the amount of soil applied for is necessary and essential to the development of the premises from which such soil is to be excavated or removed, for a use that is permitted under Chapter 350, Zoning, or unless and until, if it is claimed that the removal of the soil from the premises is a nonconforming use, the Board of Adjustment of the Borough, after hearing, shall find and determine that the removal and sale or other disposition of such soil from such premises is a valid nonconforming use and the extent thereof.
B.
Should the Planning Board find and determine that the removal of the amount of soil applied for is necessary and essential to the development of the premises for a use permitted by Chapter 350, Zoning, or should the Board of Adjustment find and determine the existence of a nonconforming use of such premises for the removal, sale or other disposition of the soil from said premises and the extent thereof, no owner, developer, excavator or other person shall still be permitted to excavate, dig, scrape or otherwise disturb nor move or cause, allow, permit or suffer to be moved any soil on any premises in the Borough for use other than on the premises from which it shall be taken until a soil removal permit therefor shall have been first obtained from the Borough Engineer as hereinafter provided.
[Amended 2-9-1977 by Ord. No. 1977-6]
The owner of any premises in the Borough who claims that he cannot develop his property for a use permitted by Chapter 350, Zoning, without the excavation and removal of soil therefrom to places within or without the Borough shall make application to the Planning Board of the Borough for a determination by it that such premises cannot be developed for a use permitted by the Zoning Ordinance without the excavation and removal of soil from said premises, and of the amount and extent of such excavation and removal. Accompanying said application, the owner shall submit a preliminary map or plat as provided for in the Chapter 295, Subdivision of Land, and in addition thereto, shall clearly delineate thereon the place or places from which the soil is sought to be removed. The application shall also specify the number of cubic yards of soil to be removed and the length of time necessary to do so, and shall contain a concise statement indicating why it is essential and necessary to the development of the property to remove such amount of soil. The Planning Board shall thereupon and forthwith schedule and conduct a public hearing on such application in accordance with the applicable provisions of N.J.S.A. 40:55D-1 et seq. Following such public hearing, the Planning Board shall determine the question submitted to it as to whether the removal of soil as applied for is necessary and essential to the development of the premises for a use permitted by the Zoning Ordinance, taking into account the grades of abutting streets and lands, adjacent land values and uses, drainage and such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough as a whole.
Any owner of lands who claims the right to excavate, remove or sell
or dispose of soil from his premises by reason of a valid nonconforming use
shall, before continuing such operation, apply to the Board of Adjustment
of the Borough for a finding and determination of such nonconforming use and
the extent thereof. Such Board shall accept and process said application under
the authority of N.J.S.A. 40:55D-1 et seq.
