Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents

§ 19-1.1 Definitions.

[Ord. #194, § 1]
As used in this section:
SOIL
Shall mean any earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence therein of organic matter.

§ 19-1.2 Permission Required.

[Ord. #194, § 2]
No person shall excavate or remove soil for sale or for use other than on the premises from which the soil is taken, except in connection with the construction or alteration of a building on the premises and excavating or grading incidental thereto, without first having procured permission from the township committee. No excavation shall be made for an irrigation pit without permission therefor from the township committee. No excavation shall be made and no soil removed except in conformity with the provisions of this section and the provisions of the Land Development Ordinance.

§ 19-1.3 Application for Permission.

[Ord. #194, § 3]
The township committee 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, or some other person, shall first file with the township engineer an application requesting permission, together with two (2) copies of a map of the premises showing the contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises. The proposed contour lines and proposed grades shall be subject to the inspection and approval of the township engineer. No permission for soil removal shall be issued until the maps have been filed and until the proposed contour lines and grades have been approved by the township engineer.

§ 19-1.4 Hearing Provisions.

[Ord. #194, § 4]
Upon written request for a hearing made by the applicant and filed with the township committee, an opportunity to be heard shall be granted within thirty (30) days, and the township committee in considering and reviewing the application and in arriving at its decision shall be guided by and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
a. 
Soil erosion by water and wind.
b. 
Drainage.
c. 
Soil fertility.
d. 
Lateral support slopes and grades of abutting streets and lands.
e. 
Land values and uses.
f. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the township.

§ 19-1.5 Bond Requirements.

[Ord. #194, § 5]
Before permission shall be granted, the applicant shall file with the township clerk a bond in such form with satisfactory surety and in such amount as in the opinion of the township committee shall be sufficient to insure the full and faithful performance of the work to be undertaken, pursuant to the provisions of this section, and which may be found necessary by the township engineer. In addition, the bond shall be conditioned upon the repair, at the expense of the owner or applicant, of any street damaged by the transportation of soil in connection with the application if in the judgment of the township engineer repairs are necessary.

§ 19-1.6 Liability Insurance.

[Ord. #194, § 6]
The applicant shall furnish liability insurance in an insurance company licensed to do business in the State of New Jersey in an amount approved by the township committee, but in no case less than twenty-five thousand ($25,000.00) dollars.

§ 19-1.7 Granting of Permission.

[Ord. #194, § 7]
If after examining the application and the map provided for in subsection 19-1.3, and after the hearing in the event a hearing is requested by the applicant, the township committee is of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted. Permission shall be shown by the endorsement of the mayor or other person designated by the township committee on a copy of the contour map which shall be returned to the applicant after final approval.

§ 19-1.8 Regulations.

[Ord. #194, § 8]
If permission to remove soil shall be granted, the owner or person in charge shall conduct the operations 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 as approved by the township engineer.