[HISTORY: Adopted by the Township Council of the Township of Burlington 7-5-1955; amended 10-8-1974; 8-14-1990 (Sec. 12:3 of the 1975 General Ordinances). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes those portions or components of the earth's surface 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 vegetation or animal matters or mineral components of the earth's surface.
The enforcement official designated herein to provide for the enforcement of the provisions of this chapter shall be the Building Inspector.
No person shall excavate, grade, regrade, remove soil, fill soil, or otherwise change the topography within the Township of Burlington except in connection with the construction or alteration of a building subject to site plan review without first having procured permission therefor from the Township Council of the Township of Burlington.
The Township Council shall not consider any application required under § 505-3 unless and until the owner of the premises shall first file with the Building Inspector 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. 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.
Each and every applicant under this section shall be required to include with this application a detailed program designed to prevent rodent infestation and, in the event of such infestation, to control and terminate such infestation. The Housing Inspector will determine the acceptability of any rodent control program submitted with an application and shall make visual inspections of the site as it deems necessary to ensure that the applicant has prepared and successfully monitors and completes the rodent control program.
Review of application; permission granted.
Hearing procedure. 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:
Referral to Planning Board. The Township Council may, where it deems it appropriate, refer an application submitted pursuant to this chapter to the Planning Board for its consideration and report. The Planning Board shall, within the 30 days referred to under Subsection B(1) above, meet and consider the application and the effect it will have on the overall planning of the community.
Issuance standards. If after examining the application and the map provided for in § 505-4A 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 or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
Conduct of operation. If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operation 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.
Removal of arable soil prohibited. The owner of the premises or the person in charge of the soil removal, when permission has been duly granted, shall not take the top layer of arable soil for a depth of six inches, but such top layer, if 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.
The Township Council hereby reserves the right to prohibit operations not otherwise prohibited under the terms of this chapter where an emergency condition exists which will have an immediate adverse effect upon the general health, safety and welfare of the community, provided that the Township Council shall, prior to prohibiting conduct under this section, pass a resolution incorporating therein facts outlining the emergency condition present and the impact which failure to abate will have on the inhabitants of the Township of Burlington.
Before any permit for permission for soil removal shall be granted or issued, the owner or applicant shall file with the Township Council a bond in the form and with surety acceptable to the Township in such an amount as in the opinion of the Township Council 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.
The Township Council may, in addition to the bond referred to above, require a maintenance guarantee to ensure that any improvements made will not within a reasonable period create a hardship upon the residents and inhabitants of the Township of Burlington. Said maintenance bond shall be for a period not to exceed two years after final acceptance of the improvement made pursuant to the permit granted under this chapter and shall be in an amount not to exceed 15% of the costs of the improvement or of the original installation.
The Township Council may, in addition to the above, require that an escrow account be established to cover the costs of a professional review required by the Township Council to show conformity with the standards and conditions established by the Township Council in granting permission pursuant to this chapter. Said escrow account shall provide that any bills submitted by the professional staff employed by the Township Council shall be reasonable and in line with current professional standards for the type and quality of work performed.
Any individual, firm, corporation or other legal entity who shall violate any of the provisions of this chapter shall be subject to the maximum penalty in Chapter 1, Article II, Definitions; General Penalty, and each day that a violation shall continue shall be deemed a separate offense under the provisions of this chapter.