Borough of Dunellen, NJ Soil Removal

No person, including individuals, a company, firm or corporation, shall excavate or otherwise remove soil in excess of three cubic yards for any use other than on the premises from which the soil shall be taken without first procuring a permit from the Municipal Clerk. Excepted from the foregoing shall be soil removed from the premises by reason of excavating a cellar, foundation footing or other opening in connection with the construction or alteration of a building on such premises and the excavating or grading incidental thereto. In no event shall any soil be moved outside the geographical boundaries of the Borough of Dunellen. Nothing contained herein shall affect the removal of soil in and about and upon property utilized for agricultural purposes, except that the owner or occupant of such property shall not remove or cause to be removed any soil removed therefrom for sale either as topsoil or fill without first obtaining a permit to do so. Said permit shall become void after three months from the date of issuance.

§ 245-2 Application for permits.

Any person desiring a permit, as provided in § 245-1, shall file with the Municipal Clerk an application to be signed by the person intending to perform such operation and by the owner of the premises from which soil is to be removed, together with a map of the premises, showing the present contour lines and the proposed contour lines and grades resulting from such intended removal of soil in relation to the topography of the premises and a description of the quantity of soil to be removed.

§ 245-3 Approval of map and grades prior to issuance of permit.

No permit for such removal shall be issued by the Municipal Clerk until the map hereinbefore mentioned and the proposed grades have been approved by the Mayor and Council of the Borough of Dunellen, and no such approval shall be given unless the said map has been approved by the Borough Engineer.

§ 245-4 Conduct of operation.

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 and cleared of debris and grades to conform to the approved grades for proper drainage.

§ 245-5 Re-spreading of arable soil.

The top four inches of arable soil shall be set aside for retention on the premises and shall be respread and seeded on the premises when the rest of the soil has been removed pursuant to approved levels and shall be subject to the approval of the Borough Engineer.

§ 245-6 Transportation of soil.

In the removal of soil, dirt or other material only such streets within the Borough of Dunellen 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 work. A copy of the streets so designated shall be filed by the Borough Engineer with the Chief of Police.

§ 245-7 Fees; surety bonds.

Before any permit for soil removal shall be issued, the owner of the premises or the person removing the soil shall pay a fee of $2.50 for the issuance of said permit and shall file with the Municipal Clerk a surety bond in an amount to be fixed by the Borough Engineer after considering the necessities and requirements of the undertaking and shall be 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, shall be done in a 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, subject to the approval of the Borough Engineer. 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 the Borough, without leaving any sharp declivities and shall be 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.

§ 245-8 Violations and penalties.

Any person violating any of the provisions of this chapter shall be subject to a fine of not exceeding $500 or to imprisonment for a term not exceeding 90 days, or both, in the discretion of the Court. Every day on which such violation continues shall constitute a separate offense.