[HISTORY: Adopted by the Township Committee (now Mayor and Council) of the Township of North Brunswick 12-17-1962. Section 292-7 amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
No person shall excavate or otherwise remove any soil (and for the purposes of this chapter, "soil" shall be deemed to include, but not be limited to, any earth or earthy substance, sand, gravel, topsoil, fill dirt or the like) for sale or for use other than on the premises from which the soil shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, without first having procured a permit therefor from the Building Inspector of said township.
The Building Inspector 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 Building Inspector an application requesting such permission, together with a map of the premises showing the present contour lines of the premises and the proposed contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises, and the said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Engineer and the Building Inspector of the Township of North Brunswick. No such permit for soil removal shall be issued until such map has been filed and until the proposed contour lines and grades have been approved by the Township Engineer and the Building Inspector of the Township of North Brunswick.
In the removal of soil when the permit has been duly 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 Township Engineer and Building Inspector of the Township of North Brunswick.
The owner of the premises or the person in charge of the removal of soil when the permit has been duly granted shall not take away the top layer of arable soil for a depth of six inches, but 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, pursuant to levels and contour lines approved by the Township Engineer and Building Inspector of the Township of North Brunswick.
Before any permit for soil removal shall be granted or issued, the owner or applicant shall file with the Township Clerk a bond with satisfactory surety, the amount to be determined after report of the Township Engineer and the Building Inspector of the Township of North Brunswick as to necessities and requirements in the undertaking, which bond shall be conditioned that the work of soil removal shall comply with the ordinances and regulations on the subject and shall be done in a proper manner in accordance with the grades and contour lines approved by the Township Engineer and the Building Inspector of the Township of North Brunswick, and that the top layer of soil to a depth of six inches shall be set aside and retained, to be thereafter respread over the area when the rest of removal has been completed, and that repairs at the expense of the owner or applicant shall be made to any street or streets used in transportation of soil if the Mayor and Council shall consider repairs are necessary because of such use of the streets, and that the work shall be done properly without detriment to adjoining properties or detriment to the Township of North Brunswick and without leaving any sharp declivities, pits or depressions and will be leveled off properly and cleared of debris, and that the owner or applicant will pay the cost of inspection and supervision incurred by the Township Engineer in examination and inspection during the progress of the soil removal.
No excavation shall be made and no soil shall be removed under the provisions of this chapter unless a permit therefor shall have first been 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 9-6-1977; 4-17-2006 by Ord. No. 06-06]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.