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, without first having procured permission and
approval therefor from the Township Committee of the Township of Chesterfield,
except:
A. In connection with the construction or alteration
of a building or buildings erected or about to be erected on such
premises and excavation or grading incidental thereto, provided that
the volume of soil to be excavated is less than 100 cubic yards.
B. In connection with the removal of topsoil that is
incidental to normal production of cultivated sod and nursery crops.
C. In connection with the construction and maintenance of irrigation systems and retention ponds on premises located within the Township engaged in active farming and agricultural use. Any soil removed for this purpose shall be retained on the premises from which it is removed, stabilized in accordance with accepted soil erosion and control practices and used for the purpose of filling in the retention pond or ponds or irrigation system or any part thereof when the same are no longer utilized or needed for active farming and agricultural purposes. The construction and maintenance of recreation ponds within the Township, whether located on lands used for active farming operations and agricultural uses or otherwise, shall nevertheless be governed by §
166-11 of this chapter.
[Amended 7-14-1988 by Ord. No. 1988-10]
D. In connection with the construction or alteration
of residential septic systems and the excavation or grading incidental
thereto.
[Added 3-27-1997 by Ord. No. 1997-3]
E. In connection with the construction or alteration
of a building or buildings erected or about to be erected on such
premises and excavation or grading incidental thereto, where the removal
of the soil is required by an agency or governmental entity of superior
jurisdiction and the soil to be removed is from a county roadway right-of-way
or state highway right-of-way; and in such cases, only subsoil shall
be allowed to be removed, but all topsoil must remain on site unless
formal application to remove same is followed in accordance with this
chapter.
[Added 3-27-1997 by Ord. No. 1997-3]
F. Any soil disturbance, grading or construction associated
with a plan approved by the Chesterfield Township Planning Board,
Zoning Board of Adjustment, Township Committee or any other municipal
governmental agency having jurisdiction, subject, however, to the
following requirement: that this exemption shall apply only to those
lots upon which residential construction is to take place but will
not apply, for example, to adjoining lots, even if part of an approved
subdivision, which have not been approved for residential construction
on the same.
[Added 3-12-1998 by Ord. No. 1998-1]
G. Normal farming activities and uses, including, by way of example, production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and the methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, grazing, training of horses and other normal farm animals, and the like; subject, however, to the requirements contained in §
166-1.1 below.
[Added 3-12-1998 by Ord. No. 1998-1]
[Added 3-12-1998 by Ord. No. 1998-1]
Notwithstanding that farming activities and agricultural uses described in §
166-1G above shall be exempt from the formal application requirements of §
166-2 of this chapter, any person, firm or entity planning to excavate or remove soil relating to a farming activity described in §
166-1G shall, nevertheless, be required to comply with the following requirements:
A. An application shall be filed with the Township Committee,
showing the outbounds of the tract of land from which the soil is
to be excavated and/or removed; describing the exact amount of topsoil,
in cubic yards, to be removed and the area of land from which the
soil is to be excavated (in square feet); the exact nature of the
activities causing the excavation and/or removal of the soil; the
time frame for which the applicant contemplates completion of the
project, including the removal of all such soil; the ultimate destination
of the soil; and the applicant's plans for disposing of the same.
B. Prior to removing any soil as provided for in this
section, and as a condition to approval of the same by the Township
Committee, the applicant shall be required to dispose of the removed
soil within this Township, whether by sale or exchange, it being the
governing body's intent to ensure that needs for soil by other property
owners within the Township are met as far as practicable by persons
seeking to remove soil from any land otherwise situate in this Township.
In the event that the applicant is unable to dispose of all such soil
within the Township, the applicant shall first be required to return
to the Township Committee and shall explain in detail the efforts
that the applicant made in trying to dispose of the soil within the
Township, and upon a reasonable and acceptable explanation of same,
and after ensuring that all efforts to dispose of the soil within
the municipality have been exhausted, the Township Committee shall
be permitted to authorize disposal of the soil to a point outside
of the municipality.
C. Notwithstanding the exemption from the formal application requirements of §
166-2 of this chapter, all applicants seeking permission to dispose of soil under this section shall nevertheless be required to satisfy the Township Committee that no soil erosion by water or wind will result from the proposed activity; that the soil should not be removed or deposited so as to create drainage problems on or off the site; that no sharp declivities, pits or depressions shall be created as a result of the activity and that the area of disturbance shall be properly leveled and graded in a manner that is free of debris and suitable for the use anticipated by the applicant; and that no soil contamination with chemicals or materials shall be deposited in any way which will be harmful to the waterways, groundwater, vegetation, live stock, wildlife or citizens of the Township of Chesterfield; and to ensure the same, the Township Committee may require soil tests from a reputable testing laboratory to confirm that there is no harmful contamination.
D. The activity for which permission shall be sought
shall, as indicated above, be concluded within a reasonable period
of time, taking into account the nature and extent of the activity
proposed. The Township Committee may impose a limit on the time that
the soil should be disturbed and uncovered by vegetation in accordance
with its approval, as it determines may be necessary or appropriate.
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the Township Committee a guaranty, in form and with surety acceptable
to the Township, in such amount as, in the opinion of the Township
Engineer, shall be sufficient to ensure the faithful performance of
the work to be undertaken pursuant to the permission granted by the
Township Committee pursuant to the provisions of this chapter. The
guaranty shall be conditioned upon the repair, at the expense of the
owner, applicant or guarantor, of any street, streets, road or roads,
bridge or bridges and other structures damaged by the transportation
of soil in connection with the application if, in the judgment of
said Township Committee, after hearing on notice to the applicant
or owner, such repairs are deemed necessary.
As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
An individual, firm, association, partnership or corporation
or any group of two or more of them or anyone acting on behalf of
said persons.
SOIL
Includes those portions or components of the earth commonly
known as "soil," "topsoil," "dirt," "clay," "marl", "earth," whether
fertile or infertile, "sand" or "gravel," or any combinations of them
with each other or with any other common components of the earth's
surface, such as rocks, stones, pebbles or other decomposed vegetative
or animal matters or mineral components of the earth at any level.
Any person presently engaged in the business of excavating or otherwise removing soil for sale or for use on premises who has not obtained a permit for the removal of soil prior to the adoption of this chapter, other than on premises from which the soil was taken and as provided in §
166-1 hereof, shall submit an application for a permit to the Township Committee pursuant to the terms of this chapter within 120 days of the date of final adoption and publication.
It shall be the duty of the Building Inspector
to enforce all provisions of this chapter.
Any person, firm or corporation violating any
of the provisions of this chapter shall be subject to a fine not exceeding
$500 or imprisonment in the county jail for a term not exceeding 90
days, in the discretion of the Magistrate before whom such conviction
shall be had. Each and every violation of and nonconformance with
the provisions of this chapter and each and every day that a violation
continues shall be construed as a separate and distinct offense. All
excavation and site operations shall immediately cease upon issuance
of a written violations notice by the Building Inspector.
[Added 7-14-1988 by Ord. No. 1988-10]
A. It is the purpose of this legislation to minimize
the impact arising from the construction and maintenance of recreation
ponds within the Township. The governing body believes it to be in
the best interests of the residents of the municipality to establish
regulations relating to the construction and maintenance of said ponds
to avoid health, safety and welfare problems that could be created
by the nuisance aspects of said ponds.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
RECREATION POND
Any water impoundment, structure or system which is used
primarily for recreational purposes, such as, though not intended
to be limited to, swimming, boating, fishing, picnic areas, etc. Recreation
ponds are to be distinguished from irrigation ditches used for agricultural
and farming purposes as a means of providing water needed to irrigate
crops.
C. Submission of plans.
(1) No recreation pond shall be constructed except where:
(a)
A soil erosion and sediment control plan has
been approved by the Burlington County Soil Conservation District,
if so required by that agency;
(b)
A farm conservation plan has been developed
by the United States Department of Agriculture, Soil Conservation
Service, if required by that agency; or
(c)
In all other cases, such plans have been submitted
to and reviewed by the Township Engineer, which plans shall delineate
site location, soil disposal areas, means of construction and stabilization
in accordance with the standards for soil erosion and sediment control,
as set forth in the technical guidelines of the United States Department
of Agriculture Soil Conservation Service.
(2) Copies of the plans under Subsection
C(1)(a) and
(b) above shall be submitted to the Township Committee prior to review by the Soil Conservation Service, whichever applies, so that the Township Committee can comment to the respective agencies. In the event that neither of said agencies' approval is necessary, then the plans must be first approved by the Township Committee before construction can commence unless, if the recreation pond is included within a subdivision or site plan application before either the Township Planning or Zoning Board, then the pond may be approved by that municipal agency after receipt of a written report from the Township Engineer.
D. Design criteria. All pond designs shall indicate cross sections, depth of pond, spillway and structure details and calculations supporting the design requirements. All pond embankments shall be suitably constructed to ensure stable support; and embankments shall be compacted to meet the normally accepted requirements for compaction of earth embankments. Said pond designs shall be reviewed pursuant to §
166-11C above. All topsoil shall remain on site and stabilized to prevent erosion. Consideration must be given to the aesthetic appearance of the spoil material in order that properly graded material blends into the surrounding landscape. Any soil removed from the property must comply with this chapter.
E. Escrow fees. All plan submissions shall be accompanied
by cash, check or money order in the amount of $250, which moneys
shall be held in escrow by the Township and are designed to pay the
costs of professionals utilized by the reviewing agency to review
and make recommendations on the pond applications.
F. Applicants must also obtain all other necessary permits,
including but not limited to wetlands, stream encroachment, soil erosion,
mosquito commission, etc., from each and every applicable state, local
and federal agency.