[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-13-1964 as Art. 9 of Ch. 12 of the 1964 Code
(Ch. 169 of the 1982 Code)]
No person, company, firm or corporation shall
remove, permit or cause to be removed soil from any premises within
the limits of the Borough of South Plainfield unless and until a permit
therefor has been issued by the Borough Engineer. No permit shall
be issued unless and until all municipal taxes on the premises from
which the soil is to be removed are paid. Said permit shall become
void three months after date of issuance.
Any person, company, firm or corporation desiring
to remove soil from premises located in the Borough of South Plainfield
to other premises in said Borough in excess of three cubic yards,
or to localities without said Borough, shall first file with the Borough
Clerk an application for a permit for such removal. Said application
shall be signed by the person, company, firm or corporation intending
to perform such operation and by the owner of the premises from which
the soil is to be removed, and shall be accompanied by a map of the
premises from which the soil is to be removed, showing the proposed
grades resulting from such intended removal in relation to the existing
topography of the premises and the proposed quantity of soil to be
removed.
A.
No permit for such removal shall be issued by the
Borough Engineer until the maps hereinbefore referred to and the proposed
grades have been approved by the Borough Engineer and the application
has been approved by the Chairman of the Department of Public Works,
and until the bond hereafter provided for shall have been filed with
the said Borough Clerk, together with a fee in accordance with the
following table of rates for the issuance of said permit:
|
Quantity Removed
(cubic yards)
|
Fee
| |
|---|---|---|
|
Less than 100
|
$5
| |
|
101 to 500
|
$10
| |
|
501 to 1,500
|
$15
| |
|
1,501 and over
|
$25
|
B.
A properly approved and properly signed permit must
be in the possession of the person, company, firm or corporation desiring
to remove soil from premises located in the Borough of South Plainfield
to other premises in the said Borough of South Plainfield before any
work is commenced.
Any such operation shall be so conducted that
there shall be no sharp declivities, pits or depressions and so that
the area shall be properly leveled off, cleared of debris and graded
to conform to the approved grades for proper drainage.
A.
The top four inches of arable soil shall be set aside
for retention on the premises and shall be respread on the premises
when the rest of the soil has been removed pursuant to approved levels.
B.
In the event there exists a surplus of topsoil for
respreading due to extensive coverage of the land surface by structures
or paved parking areas, the Borough Engineer, after due investigation
and consideration, shall certify said excess and recommend to the
Borough Council its granting of a variance from this article for said
removal. The Borough Council, after consideration of said recommendation,
may grant said permission by resolution.
[Added 6-28-1971 by Ord. No. 553]
In the removal of soil, dirt or other material,
only such streets within the Borough of South Plainfield shall be
used for transportation as may be designated for that purpose by the
Borough Engineer, and such streets shall be kept free from dirt resulting
from such soil removal.
Before any permit for soil removal shall be
issued, the owner or the person conducting such operation shall file
with the Borough Clerk a surety company bond in an amount to be fixed
by the Borough Engineer and Building Inspector after considering the
necessities and requirements of the undertaking and in a form to be
approved by the Borough Attorney. Said 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 proper manner in accordance with
the approved grades, and that the top layer of soil to the depth of
four inches shall be set aside and retained, to be thereafter respread
over the area when the last of the removal has been completed. Said
bond shall be further conditioned that repairs at the expense of the
owner shall be made to any street or streets used in transportation
if the Borough shall consider repairs necessary because of such use
of the streets and that the work shall be properly done without detriment
to adjoining properties or detriment to the Borough and without leaving
any sharp declivities and cleared of debris, and that the owner or
the one performing said operation will pay the cost of engineering,
inspection, supervision and street cleaning incurred by the Borough
during the progress of the soil removal. No removal of soil shall
be made on a Sunday except in the case of emergency.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punishable by a fine not exceeding $2,000,
imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
[Adopted 5-10-2001 by Ord. No. 1565; amended
in its entirety 7-19-2001 by Ord. No. 1565A]
As used in this article, the following terms
shall have the meanings indicated:
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and can be readily excavated, and includes
biologically stable organic material such as humus or compost.
No person, company, firm or corporation shall
deposit, permit or cause to be deposited within the limits of the
Borough of South Plainfield soil in excess of 45 cubic yards from
any premises unless and until a permit therefor has been issued by
the Borough Engineer. No permit shall be issued unless and until all
municipal taxes on the premises upon which the soil is to be deposited
are paid. Said permits shall become void 12 months after date of issuance.
The stockpiling of soil shall be prohibited.
Any person, company, firm or corporation desiring
to deposit soil onto premises located in the Borough of South Plainfield
from other premises inside or outside of the Borough in excess of
45 cubic yards within any twelve-month period shall first file with
the Borough Clerk an application for such deposit. Said application
shall be signed by the person, company, firm or corporation intending
to perform such deposit, and by the owner of the premises to which
the soil is to be deposited, and shall be accompanied by a map of
the premises to which the soil is to be deposited, showing the proposed
quantity of soil to be deposited and where on the parcel same shall
be deposited. The Borough Engineer may require additional information,
including but not limited to the proposed grades and existing topography,
in order to assure that the proposed deposit will not negatively impact
the property upon which the soil is to be deposited or contiguous
properties.
A.
The following fee shall be paid to the Borough Clerk
by the applicant at the time of application:
|
Quantity Deposited
(cubic yards)
|
Fee
| |
|---|---|---|
|
Less than 100
|
$100
| |
|
101 to 500
|
$200
| |
|
501 to 1,500
|
$300
| |
|
1,501 and over
|
$400
|
B.
A properly approved and properly signed permit must be displayed on the premises which the deposit is to be made while the work is being performed. A separate permit to remove soil from premises located in the Borough of South Plainfield must also be obtained in accordance with Chapter 383, Article I, of the Code of the Borough of South Plainfield.
Any such operation shall be conducted so that
the area shall be properly leveled off, cleared of debris and graded
to conform to the approved grades for proper drainage.
A.
In the deposit of soil, only such streets within the
Borough of South Plainfield shall be used for such transportation
as may be designated for that purpose by the Borough Engineer, and
such streets shall be kept free from soil resulting from such soil
deposit.
B.
If necessary, the applicant will be responsible to
have the streets cleaned of any soil resulting from its transport.
Any person, company, firm or corporation which
has received approval from the Planning Board or Board of Adjustment
and/or has a certificate of occupancy for a business use which requires
the storage of soil is exempt from the provisions of this article.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punishable by a fine not exceeding $2,000,
imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
