[Adopted 3-11-1986 by Ord. No. 1266 (Ch.
206, Art. I, of the 1990 Code)]
The Council, in order to promote, develop and
maintain a harmonious balance between man and the natural processes
and to effectuate the general purpose of municipal planning, with
an intent towards the promotion of sensitive land development, the
guiding of inevitable land development and the opposition to unnecessary
or detrimental land development and the deterioration of property
values, through the consideration of aesthetics, good landscaping
and sound engineering practice, hereby finds and determines that the
unregulated and uncontrolled relocation, excavation and removal of
soil on a large scale has or will result in conditions detrimental
to the public safety, health and general welfare and to the development
of the Township.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
The person requesting a soil removal permit as provided for
in this chapter.
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision for the
purpose of sale to or occupancy by another person or persons.
Any person engaged in the moving, removal or excavation of
soil from, in or upon any land in the Township.
A parcel or plot of land occupied or designed to be occupied
by a building and its accessory building or by a dwelling group and
its accessory buildings, together with such open spaces as are arranged
and designed to be used in connection with such building.
To dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of land;
to plow, spade, cultivate, harrow or disc the soil; or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
Any person seized in fee simple of any lot, subdivision or
premises or having any interest or estate therein which would permit
effective possession thereof or dominion therefor.
One or more contiguous lots in single ownership.
Any change or alteration in the grade of any land.
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
All soil except topsoil.
The top layer of soil (usually eight to 10 inches deep) in
which most of the organic matter occurs and where leaching of the
suspended and dissolved solids is the greatest.
[Amended 4-16-1987 by Ord. No. 1330]
A.
No owner, developer, excavator or other person shall
move or cause, allow, permit or suffer to be moved or removed any
topsoil or subsoil in the Township for use other than on the lot from
which it shall be taken, except as otherwise defined or provided for
in this chapter, unless and until after application to the Township
Engineer.
B.
The Township Engineer shall first determine that the
excavation, grading or removal of the amount of soil applied for is
necessary and essential to the development or the improvement of the
premises. Removal of soil from the Township shall only be permitted
after the Township Engineer determines that there exists no alternative
location for said topsoil within the Township. In determining whether
there exists no alternative location, the Township Engineer shall
ascertain from the Departments of Public Works and Recreation, Community
Celebrations and Park Administration whether the Township has need
to purchase a quantity of topsoil or, in the absence of such need,
whether any other person or entity within the Township has, in writing,
expressed a willingness to purchase a quantity of topsoil.
Should the Township Engineer find and determine
that the excavation, grading or removal of the amount and type of
soil applied for is necessary and essential to the development or
improvement of the premises and that the applicant has complied with
the provisions hereof and all other applicable ordinances, then the
appropriate soil removal permit may be issued. If the lot is part
of an approved subdivision or site plan presently under construction,
then a permit shall be required only if the soil is to be removed
from the subdivision premises or premises within the site plan.
Applications shall contain the following information
in a form and to a degree to be determined by the Township Engineer:
A.
The names and addresses of the applicant, the owner,
the developer and the excavator.
B.
The lot and block numbers of the land from which soil
is to be removed, as shown on the current Tax Map of the Township.
C.
The location to which soil is to be removed.
D.
The route to be taken during the removal operation.
E.
The reason for removing soil.
F.
The proposed dates for the commencement and completion
of the soil removal, not to exceed three months for any single application.
G.
A map of the lot showing the present contour lines
and the proposed future contour lines resulting from the intended
excavation or redistribution of soil and the location of streams,
watercourses or other environmentally sensitive areas, if different
from any such information appearing on an approved site plan or subdivision.
H.
The amount of soil and/or topsoil to be removed from
the site and the amount of soil and/or topsoil to remain on the site.
I.
Such other pertinent data as the Township Engineer
may deem necessary.
A.
In considering the application, the Township Engineer
shall be guided by the following factors:
(1)
Soil erosion by water and wind.
(2)
Inadequate and improper surface water drainage.
(3)
Impairment of soil fertility.
(4)
Removal of lateral support of abutting streets and
lands.
(5)
Creation of dangerous depressions and declivities.
(7)
Availability of alternative sites within the Township,
as defined herein.
(8)
Such other factors as the Township Engineer may deem
necessary or appropriate in light of the particular application.
B.
If, after considering the above factors, the Township
Engineer determines that the proposed excavating, grading or removal
or redistribution of soil will not be detrimental to the health, safety
and welfare of the Township or its inhabitants and complies with the
terms hereof, he shall issue the necessary permit. Otherwise, he shall
deny the application and shall notify the applicant. The Township
Engineer shall have 30 days after the application is filed within
which to notify the applicant whether the application has been granted
or denied.
If an application is denied, the applicant may
appeal the decision of the Township Engineer by filing a written notice
of appeal with the Council within 10 days after receiving the notice
of denial of the application.
A fee of $250 shall accompany each application
to cover the cost incurred in investigating and processing the application
and will be retained by the Township whether the permit is issued
or denied.
Before the permit is issued, the applicant shall
file with the Township Engineer cash, certified check, letter of credit
or a bond executed by the applicant as principal and a surety company
licensed to do business in the State of New Jersey as surety unless
the applicant, owner or developer has previously posted such security
covering the work to be performed hereunder in connection with an
approved subdivision or site plan. The amount of the bond shall be
determined by the Township Engineer but in no event shall be less
than $1,000 and shall be conditioned as follows:
A.
That the applicant will complete the work authorized
by the permit in conformity with the terms of the permit and the provisions
of this chapter on or before the date of completion set forth in the
application.
B.
That the applicant will repair any public street,
structure or land which may be damaged as a result of the work authorized
by the permit.
A.
Soil removal or redistribution conducted under a permit
issued under this chapter shall be in accordance with the following
regulations:
(1)
Operations shall be conducted so that there shall
be no sharp declivities, pits or depressions.
(2)
Lands shall be graded so as to conform to the approved
contour lines and grades and shall be cleared of debris.
(3)
A minimum of six inches of topsoil shall remain over
the entire lot from which soil was removed, except for those portions
of the lot occupied by a building or structure or pavement, in accordance
with the approved plans and specifications for the development thereof,
upon completion of the intended construction.
(4)
All of the work described in this chapter shall be
performed between the hours of 8:00 a.m. and 4:30 p.m., Monday through
Saturday. Where possible, work should be performed during regular
business hours of the Department of Land Use so that appropriate inspections
may be accomplished.
(5)
Adequate measures shall be taken to prevent erosion
and sedimentation of soil upon surrounding lands, streets, municipal
facilities, bodies of water or waterways, in accordance with the provisions
of the Soil Erosion and Sediment Control Ordinance. No soil shall
be removed during periods of rain or other precipitation or within
48 hours thereafter.
(6)
The Department of Land Use shall be notified at least
48 hours before the removal of soil begins.
B.
An accounting of the soil removed shall consist of
inspection by the Township Engineer of the receipts given the applicant
by the excavator for the soil removed. The receipts shall record the
type and amount of soil taken, the date it was removed and the capacity
of the truck. A final written estimate of the amount removed shall
be submitted by the applicant. The Township Engineer must be satisfied
that the inspected receipts account for all of the amounts indicated
in final estimate.
[Added 4-16-1987 by Ord. No. 1330]
Nothing in this chapter shall be deemed to apply
to any licensed sand bank, pit or quarry, except to the extent that
the operator of any such sand bank, pit or quarry seeks to remove
topsoil, in which case this chapter shall be fully applicable.
Nothing in this chapter shall be construed to
prevent the Township from taking injunctive proceedings to restrain
removal of soil as described in this chapter.
Any officials from the Township and their agents
shall have the right at all times to inspect any property where a
permit has been issued under this chapter.
Topsoil which is to remain for future use shall
be stored and maintained at designated locations within the permit
area, in accordance with an ordinance to regulate and control the
destruction and removal of trees, the movement of topsoil, erosion
of soil and sedimentation within the Township of Franklin.
[Amended 4-23-2002 by Ord. No. 3289]
Any person, firm or corporation who or which shall violate any provision of this article shall pay the required fees in connection with the permit as outlined herein, plus a cost of $5 for each and every cubic yard of material that has been removed from the site, as determined by the Township Engineer. Such person, firm or corporation shall also be liable to the penalties as provided in Chapter 1, Article II, General Penalty. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense.
