Borough of Red Bank, NJ Chapter 583 Soil Removal

[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.

§ 583-1 Permit required.

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.

§ 583-2 Application.

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.

§ 583-3 Hearing.

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.

§ 583-4 Conditions of permit.

[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.

§ 583-5 Purpose.

[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.

§ 583-6 Violations and penalties.

[Amended by Ord. No. 228-70]

A. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided in Chapter 1, General Provisions, Article II, General Penalty.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

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.