[HISTORY: Adopted by the Township Committee
(now the Township Council) of the Township of Saddle River (now the
Township of Saddle Brook) 5-25-1930 by Ord. No. 380. Amendments noted where applicable.]
A.Â
No person
shall excavate or otherwise remove soil for sale or for use other
than on the premises from which the soil shall be taken, except in
connection with the construction or alteration of a building on such
premises and excavation or grading incidental thereto, without first
having procured permission therefor from the Township Council.
B.Â
A minor grading permit shall be required for all soil disturbances under 50 cubic yards, which shall be reviewed and approved by the Construction or Zoning Official (see § 82-3, Fees). Any soil movement exceeding 50 cubic yards shall require an engineering review and fee.
[Added 8-12-2010 by Ord.
No. 1489; amended 5-10-2012 by Ord. No. 1528-12]
A.Â
The Township Council shall not consider any application
for the removal of soil from the premises for sale or otherwise unless
and until the owner of the premises shall first file with the Township
Clerk an application requesting such permission, together with a map
of the premises showing the contour lines and proposed contour grades
resulting from such intended removal of soil in relation to the topography
of the premises, and the said proposed contour lines and proposed
grades shall be subject to the inspection and approval of the Township
Council of the Township of Saddle Brook. No such permission for soil
removal shall be issued until such map has been filed and until the
proposed contour lines and grades have been approved by the Township
Council of the Township of Saddle Brook.
B.Â
The application shall be accompanied by an application
fee of $10, which shall not be refundable in the event of a denial
of the application.
[Added 3-26-1987 by Ord.
No. 945]
A.Â
Upon written request for a hearing made by the applicant
to the Township Council, an opportunity to be heard shall be granted
within 30 days thereafter, and the Township Council, in considering
and reviewing the application and in arriving at its decision, shall
be guided by and take into consideration the public health, safety
and general welfare, and particular consideration shall be given to
the following factors:
(1)Â
Soil erosion by water and wind.
(2)Â
Drainage.
(3)Â
Soil fertility.
(4)Â
Lateral support slopes and grades of abutting streets
and lands.
(5)Â
Land values and uses.
(6)Â
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township.
B.Â
If after examining the application and the map provided for in § 171-2, and after the hearing in the event a hearing is requested by the applicant, the Township 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, permission to remove the soil shall be granted.
If permission to remove the soil shall be granted,
the owner or person in charge shall so conduct the operations that
there shall be no sharp declivities, pits or depressions and in such
a manner that the area shall be properly leveled off, cleared of debris
and graded to conform with the contour lines and grades as approved
by the Township Council of the Township of Saddle Brook.
The owner of the premises or the person in charge
of the removal of soil, when permission has been duly granted, shall
not take away 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 retention on the premises and shall be respread over
the premises when the rest of the soil has been removed, pursuant
to levels and contour lines approved by the Township Council of the
Township of Saddle Brook.
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the Township Council a bond, in form and with surety acceptable to
the Township of Saddle Brook, in such amount as in the opinion of
the Township Council of the Township of Saddle Brook shall be sufficient
to ensure the faithful performance of the work to be undertaken pursuant
to the permission granted by the Township Council pursuant to the
provisions of this chapter.
No excavation shall be made and no soil shall
be removed under the provisions of this chapter unless a permit therefor
shall first have been obtained as provided herein, and no excavation
shall be made and no soil shall be removed except in conformity with
the provisions of this chapter.
Any person, firm or corporation violating any
of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine not exceeding $200 or imprisonment in the county
jail for a term not exceeding 90 days, in the discretion of the Judge
before whom such conviction shall be had. Each and every violation
of and nonconformance with this chapter or each day that any provision
of this chapter shall have been violated shall be construed as a separate
and distinct violation thereof.