[HISTORY: Adopted by the Common Council of the City of Linwood 12-13-1967 as Ch. 43 of the 1967 Code. Amendments noted where applicable.]
Excavations — See Ch. 136.
Except in connection with construction on the premises, no soil shall be removed without a permit therefor from the Common Council of said City.
All applications for a permit must be accompanied by a contour map of the premises, showing the topography thereof following the intended removal.
Each applicant shall be granted a hearing on request before the Common Council, and said Common Council shall take into consideration soil erosion, drainage, soil fertility, lateral support slopes and grades of abutting streets, land values and uses and such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the City.
Permission to remove soil shall be granted if the Common Council shall be 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.
When permission to remove has been granted, the person in charge of the removal shall not take away from the premises 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 a retention on the premises and shall be respread over the premises when the rest of the soil has been removed.
A bond in an amount fixed and approved by the Common Council with a surety company authorized to do business in the State of New Jersey as surety, shall be filed with the City Clerk to insure that the removal is accomplished in accordance with the permission granted.
[Amended 4-22-2009 by Ord. No. 8-2009]
Any person or persons, partnerships or corporations who or which violate or fail to comply with the provisions of this chapter shall, upon conviction thereof before the Municipal Magistrate or other judicial officer hearing the same, be subject to a fine not exceeding $2,500 or imprisonment not exceeding 10 days or both, in the discretion of said judicial officer hearing the same.