[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 8-76 (Ch. XXI of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Planning and development regulations — See Ch. 490.
No soil within the Borough shall be removed from the Borough
unless a permit be first applied for and obtained from the Mayor and
Council of the Borough as hereinafter provided.
Applications for any permit for any such removal shall be in
writing directed to the Director of Public Utilities of the Borough;
shall state the purpose of the removal; the depth in inches to be
removed; the volume in cubic yards to be removed, and shall be accompanied
by a map of the premises delineating and outline the premises and
showing the contours thereof. The application shall also state where
any soil to be removed is to be deposited.
A.
The Mayor and Council, on receipt of any such application from the
Director of Public Utilities of the Borough with his recommendations,
shall fix a time and place for a hearing, of which the applicant and
any other persons interested or affected shall be notified by the
Director of Public Utilities.
B.
At and following any such hearing and before final action on any
such application, the Mayor and Council shall consider soil erosion,
soil fertility, drainage, lateral support, slopes, grades of adjoining
lands and of streets, roads, highways, and other thoroughfares, land
values and use and such other factors as may bear upon or relate to
the coordinated, adjusted and harmonious development of the Borough.
[Amended by Ord. No. 150-67]
A.
No such permit shall be granted unless the Mayor and Council find
the proposed removal will not create or result in conditions inimical
to the public health, safety and welfare, will not create or tend
to create sharp, deep or unusual declivities, pits, or depressed land
values or any other condition which may be inimical to the public
health, safety and welfare.
B.
Any such permit may be granted with such reasonable terms, provisions
and conditions for the protection of persons and property and for
the protection of the public health, safety and welfare, as the Mayor
and Council shall provide. The Mayor and Council may, as one of the
conditions, provide that the applicant shall procure and file a bond
with the Borough Clerk, running to the Borough, in such reasonable
amount and with such sufficient surety or sureties as the Mayor and
Council shall determine, conditioned for the performance by the applicant
of such soil removal in accordance with any such permit and any terms,
provisions or conditions thereof.
[Amended by Ord. No. 150-67]
The Mayor and Council hereby declare and find that this chapter
is necessary, advisable and proper for good government, order and
for the protection of persons and property and for the preservation
of the public health, safety and welfare of the Borough and its inhabitants.
[Amended by Ord. No. 228-70]
B.
This chapter shall not be construed nor is it intended to operate
so as to prevent the Borough from recovering on any performance bond
which may be required by the Borough under this chapter, nor to prevent
the Borough from revoking any such permit in the event the applicant
therefor not perform or comply with any of the terms, provisions,
and conditions of any permit so issued.