[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.
A.
Application required.
(1)
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.
(2)
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.
B.
Review of application; permission granted.
(1)
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:
(2)
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.
(3)
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
