[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-60 by Ord. No. 3319 as Article 1 of Chapter 29 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
No person shall excavate or otherwise remove soil for sale or for use other than the premises from which the soil is taken, except in connection with the construction or alteration of a building on such premises, and excavation or grading incidental thereto, without first obtaining permission from the Council and a permit as required by this chapter.
[Amended 11-14-66 by Ord. No. 3732]
Any person desiring a license under this chapter shall file with the City Clerk an original and one copy of an application, under oath, in writing, on a form furnished by the City Clerk.
The application shall set forth the following information:
The applicant's name, business name and business address.
Whether the applicant is an individual, a partnership, a corporation or another entity, and if another entity, a full explanation and description thereof.
If the applicant is an individual, the applicant's residence address and date and place of birth.
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office [the term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.]; in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office.
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers," as used herein, means and includes the president, vice presidents, secretary and treasurer of a corporate applicant.
A metes and bounds description of the lands for which the permit is sought.
A map of the premises so described, certified by a licensed land surveyor, showing the contour lines and the proposed contour lines resulting from the intended removal of soil in relation to the topography of the premises.
Such application shall be signed and sworn to by all the owners of the premises.
[Added 11-14-1966 by Ord. No. 3732; amended 7-16-1991 by Ord. No. 5518-91]
The fee for a permit granted under this chapter shall be as follows:
The proposed grades and contour lines, as shown on the map referred to in § 387-2B of this chapter, shall be subject to inspection and approval in the manner provided by this chapter. Permission for soil removal shall not be granted by the Council, nor a permit issued until the map showing the contour lines and grades has been so approved.
Upon filing of the application, the City Clerk shall refer the application to the Planning Board for its recommendations. The Planning Board shall return the application, with recommendations thereon, to the City Council within 30 days after such referral.
Upon written request for a hearing made by the applicant to the Council, an opportunity to be heard shall be granted; and the hearing date shall be fixed within 30 days after the receipt of the Planning Board's recommendations.
The Council, in considering the application and in arriving at its decision, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
Soil erosion by water and wind.
Lateral support slopes and grades of abutting streets and lands.
Land value and uses.
Preservation of trees and shrubbery.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the city.
If after examining the application, the map provided for in § 387-2 and the recommendation of the Planning Board, and after the hearing, in the event that a hearing is requested by the applicant, the Council shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety, will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values and will not create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted. The permit shall then be issued and shall be valid for six months unless extended by the Council for an additional period of six months. The permit shall be subject to the terms and conditions set forth in this chapter.
[Amended 11-14-66 by Ord. No. 3732]
If permission to remove the soil is 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 to the contour lines and grades as approved by the Council. Prior to the commencing of the removal of soil, the permittee shall notify the Police Department of the granting of the permit and the date upon which soil removal is to commence.
The owner of the premises or the person in charge of the removal of soil, regardless of whether the owner or person is subject to the licensing provisions of this chapter, shall not take away the top layer of arable soil for a depth of six inches. Such top layer of arable soil, to a depth of six 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. If the owner or person in charge of the removal of soil is subject to the licensing provisions of this chapter, then the soil shall be respread over the premises in accordance with the levels and contour lines approved by the Council.
Before any permit or permission for soil removal shall be granted or issued under this chapter, the owner or applicant shall file with the City Clerk a bond, in form and with surety acceptable to the City Counsel, in such amount as in the opinion of the City Council shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to permission granted by the Council.
No excavation shall be made and no soil shall be removed under the provisions of this chapter unless a permit therefor shall have been first obtained as provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this chapter.
[Amended 5-9-69 by Ord. No. 3912; 3-17-70 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.