[HISTORY: Adopted by the Township Council of the Township of Mount
Holly 7-7-1980 as Ch. XVII of the Revised General Ordinances. Amendments noted
where applicable.]
The Township Council finds and determines that the unregulated and uncontrolled
relocation, filling, excavation and removal of soil on a large scale has resulted
in conditions detrimental to the public safety, health and general welfare,
substantially hampering and determining the efforts of the Township to effectuate
the general purpose of municipal planning.
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 therefore
from the Township Council.
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 proposed lines and proposed
grades shall be subject to the inspection and approval of the Township Council.
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
Township Council.
A.
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 and take
into consideration the public health, safety and general welfare, and particular
consideration shall be given to the following factors:
B.
If, after examining the application and the map provided for in § 238-2 of this chapter 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.
The owner of the premises or the person in charge of the removal of
the 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.
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 in such amount as in the
opinion of the Township Council shall be sufficient to insure 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 have been first 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.
[Added 6-22-1992 by Ord.
No. 1992-5]
Any person in violation of this chapter shall, upon conviction, be punishable
by a fine not to exceed $1,000 or imprisonment for a term of not more than
90 days, or both.