[HISTORY: Derived from Ch. XVI of the 1969 Revised General
Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No.
278, as amended through 9/94). Subsequent amendments
noted where applicable.]
The Commissioners hereby find that the uncontrolled and unregulated
excavation, filling and removal of soil has resulted and will result
in conditions detrimental to the public safety, health and general
welfare, deterring substantially the efforts of the Borough to promote
and effectuate the general purpose of municipal planning.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
To dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of land
or to transport or supply the same.
Any change or alteration in the grade of any property.
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
A.
B.
Applications. Applications shall be made to the Department of Public
Works and shall be accompanied by the following:
(1)
A map of the premises showing the present contour lines and the proposed
future contour lines resulting from the intended excavation or redistribution
of soil.
(2)
The grades resulting from the intended removal or redistribution of soil in relation to the topography of the premises. This information may be included in the map required by Subsection A.
(3)
The proposed dates for the commencement and completion of the work.
(4)
Name and address of the owner of the land.
(5)
Lot and block numbers of the lands as shown on the current Tax Map
of the Borough.
(6)
Reason for removing the soil.
(7)
Type and quantity of soil to be removed.
(8)
Location to which soil is to be removed.
(9)
Such other pertinent data as the Director of Public Works may deem
necessary.
C.
Consideration of application.
(1)
In considering the application, the Director of Public Works shall
be guided by the following factors:
(2)
If, after considering the above factors, the Director of Public Works
determines that the proposed removal or redistribution of soil will
not be detrimental to the health, safety or welfare of the Borough
or its inhabitants, he shall issue the necessary permit. Otherwise,
he shall deny the application and shall notify the applicant. Notice
of the grant or denial of the application shall be given to the applicant
within 30 days after the application is filed.
D.
Appeal. If the application is denied, the applicant may appeal the
decision of the Director of Public Works to the Commissioners by filing
a written notice to that effect with the Clerk within 30 days after
receiving notice of the decision of the Director of Public Works.
The Commissioners shall set a time and place for a hearing and shall
so notify the applicant. The decision of the Commissioners rendered
after a hearing shall be final.
E.
Fee. No soil removal permit shall be issued until a fee of $25 is
paid by the applicant to the Borough, together with a charge of $0.01
per cubic yard for each cubic yard of soil removed.
The removal of lawn sod shall be permitted on the condition
that the owner or lessee of the land from which the lawn sod is removed,
within two months, shall replace any soil which has been removed with
the sod.
Before the permit is issued, the applicant shall file with the
Engineer a bond executed by the applicant as principal and a surety
company licensed to do business in the State of New Jersey as surety.
The amount of the bond shall be determined by the Director of Public
Works, but shall not be less than $1,000, and shall be conditioned
as follows:
A.
That the permittee will complete the work authorized by the permit
in conformity with the terms of the permit and the provisions of this
chapter on or before the date of completion set forth in the application.
B.
That the applicant will repair any public street, structure or land
which may be damaged as a result of the work authorized by the permit.
Soil removal or redistribution conducted under a permit issued
under this chapter shall be in accordance with the following regulations:
A.
Operations shall be conducted so that there shall be no sharp declivities,
pits or depressions.
B.
Lands shall be graded to conform to the approved contour lines and
grades and shall be cleared of debris.
C.
The top layer of soil to a depth of six inches shall not be removed
from the premises, but shall be set aside and respread over the premises
when the remainder of the soil has been removed.
D.
All the work described in this chapter shall be performed between
the hours of 8:00 a.m. and 8:00 p.m. on any working day.
E.
Adequate measures shall be taken to prevent erosion
or the depositing of soil on surrounding lands, streets or municipal
facilities.
Nothing in this chapter shall be construed to prevent the Borough
from taking injunctive proceedings to restrain removal of topsoil
as described in this chapter.
