[HISTORY: Adopted by the Township Council of the Township of Lower
12-10-1975 as Secs. 13-1 through 13-6 of the 1975 Code. Amendments noted where
applicable.]
In their interpretation and application, the provisions of this chapter
shall be held to be for the promotion of the public health, morals and general
welfare; for the elimination of dust and noise; for the elimination of danger
from deep pits in the close proximity to highways; for the conservation of
the soil; and for the betterment of the community. The provisions and requirements
of this chapter shall be held paramount to any corresponding or similar provision
of any existing law, ordinance, rules or regulation.
A.
Required. No excavating, digging or mining of sand, gravel, earth or soil may be done for commercial purposes in the Township without first obtaining a permit therefor from the Township Committee in the manner as hereinafter set forth; provided, however, that the provisions of Subsection B shall not apply to any person who or which shall excavate, dig or mine sand, gravel, earth or soil for commercial purposes at any place in the Township, which place is not less than one mile from any building now used as a permanent dwelling, and that no last-mentioned excavation, digging or mining shall be within 500 feet of a public road or highway.
B.
Applications.
(1)
Applications for permits for excavating, digging or mining
of sand, soil, gravel or earth in the Township shall be made to the Township
Clerk, and no permit shall be issued by the Township Committee unless the
following have been complied with:
(a)
A fee of $50 shall accompany the application for the
purpose of paying the costs of administering this chapter.
(b)
Attached to the application shall be a survey or blueprint
drawn by a licensed engineer, which shall show the area proposed to be excavated,
dug or mined, and the survey shall indicate the distance to the closest highway
or road.
C.
No permit shall be issued by the Committee if the survey indicates
that the proposed excavating, digging or mining shall be within 500 feet of
a public road or highway or within 2,000 feet of any church, school house
or public building.
D.
No permit shall be issued by the Committee if the survey indicates
that the proposed excavating, digging or mining shall be within 25 feet of
an adjoining property owner.
E.
Any permit issued pursuant to this chapter on or after April
27, 1953, shall be valid for a period of one year as herein provided.
A.
Where, by reason of exceptional conditions, the strict
application of any regulation enacted under this chapter would result in difficulties
and undue hardship upon the owner, the owner may appeal to the Township Committee,
relating to such property, for a variance so as to relieve such difficulties
and hardships.
B.
No relief may be granted or action taken under the terms
of this chapter unless such relief can be granted without substantial detriment
to the public good, and will not substantially impair the intent and purpose
of this chapter.
C.
In the event such relief may be granted by the Township
Committee as aforesaid, the person to whom or to which such relief may be
granted shall not excavate, dig or mine to an excess of depth of two feet
below the height of the center of the nearest highway and shall maintain such
excavation, digging or mining in a level condition throughout the area being
excavated; and further provided that such person shall keep and maintain such
excavated, dug or mined area free of water deposits and shall keep and maintain
a fence at least four feet in height along the perimeter of the area, in the
event that such excavation, digging or mining shall result in any pit or hole
in excess of a depth of four feet below the adjacent land.
As used in this chapter, the following terms shall have the meanings
indicated:
The sale or commercial use of the sand or other product which is
excavated as distinguished from personal use of the product by the owner of
the ground at the place where the same is excavated.
Includes digging or mining and applies to all sand, gravel, earth,
solid or mineral products of the soil.
All state, county, Township, or local roads, but has no reference
to private roads or private rights-of-way.
This chapter shall be administered and enforced by the Township Clerk,
who shall in no case grant any permit unless this chapter shall have been
fully complied with.
Any permit hereafter issued pursuant to this chapter shall be valid
for a period of one year (unless otherwise revoked) but may be renewed upon
proper application, including payment of the fee herein provided.
