[HISTORY: Adopted by the Township Committee
of the Township of Carneys Point 9-21-1960 as Ord. No. 142. Section
178-9 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Construed to refer to any earth, sand, clay loam, gravel,
humus, rock or dirt without regard to the presence or absence therein
of organic matter.
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, except in connection with the construction or
alteration of a building on such premises and excavation or grading
incidental thereto, without first having procured permission therefor
from the Township Committee.
A.Â
The Township Committee shall not consider any application
for the removal of soil from the premises for sale or otherwise unless
and until the owner of the premises shall first file with the Township
Clerk 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 said proposed contour lines and proposed grades
shall be subject to the inspection and approval of the Township Committee.
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 Committee.
B.Â
Every application for a permit for the excavation
or removal of soil pursuant to the terms of this chapter shall be
accompanied by a check payable to Carneys Point Township in the amount
of $350. Fifty dollars of the aforesaid amount shall be considered
to be a nonrefundable application fee. Three hundred dollars of the
aforesaid sum shall be placed in an escrow account to defer the cost
of professional services, including engineering, legal and other expenses
connected with the review of the application materials. Sums not utilized
in the review process shall be returned to the applicant. If additional
sums are deemed necessary, the applicant shall be notified, and the
applicant shall pay the required additional amount prior to the issuance
of a permit.
[Added 6-13-1984 by Ord. No. 384]
Upon written request for a hearing made by the
applicant to the Township Committee, an opportunity to be heard shall
be granted within 30 days thereafter, and the Township Committee in
considering and reviewing the application and in arriving at its decision
shall be guided by and take into consideration the public health,
safety and general welfare, and particular consideration shall be
given to the factors set forth in the preamble to this Ordinance No.
142.[1] If the Township Committee, after appraising the application
on the basis of the standards referred to in the preamble to this
Ordinance No. 142, is of the opinion that the soil removal will not
create conditions inimical to the public health, welfare and safety,
a permit shall be issued, and in issuing such permit the Township
Committee may require the applicant to take such measures or precautions
as it may consider necessary to the effectuation of the factors set
forth in the preamble to this chapter and in furtherance of the public
safety, health and general welfare.
[1]
Editor's Note: The Preamble to this Ord. No.
142 reads as follows:
The Township Committee of the Township of
Upper Penns Neck [Carneys Point] in the County of Salem does hereby
find and determine that:
(a) The unregulated and uncontrolled relocation,
filling, excavation and removal of soil by developers and excavators
has resulted in conditions detrimental to the public safety, health
and general welfare, substantially hampering and deterring the efforts
of the Township of Upper Penns Neck [Carneys Point] to effectuate
the general purpose of municipal planning; and
(b) Continuation of the unregulated and uncontrolled
relocation, filling, excavation and removal of soil will result in
serious and irreparable damage to the public welfare by reason of
consequent soil erosion by water and wind; inadequate and improper
surface water drainage; the decrease in or destruction of the fertility
of soil; the removal of lateral support of abutting streets, lands
and premises; the creation of dust storms and mosquito breeding places;
the creation of dangerous depressions or pits; the deterioration of
property values; the rendering of lands unfit or unsuitable to their
most appropriate uses; and the creation of other factors and elements
hampering and deterring the coordinated, adjusted and harmonious physical
development of the Township.
If permission to remove the soil shall be granted,
the owner or person in charge shall so conduct the operations that
there shall no be sharp declivities, pits or depressions and in such
manner that the area shall be properly leveled off, cleared of debris
and graded to conform to the contour lines and grades as approved
by the Township Committee; and the owner or person in charge shall
provide such further safeguards and comply with such conditions as
the Township Committee shall have made in connection with granting
of the permit.
The owner of the premises or the person in charge
of the removal of soil, when permission has been duly granted, shall
not take away the top layer of arable soil for a depth of six inches,
but such top layer of 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 Committee.
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the Township Committee a bond in a form and with surety acceptable
to the Township Committee in such amount as in the opinion of the
Township Committee shall be sufficient to insure the faithful performance
of the undertaking, which bond shall be conditioned that the work
of soil removal shall comply with the ordinances and regulations thereunder
and the conditions subject to which the permit is issued.
[Added 9-12-1984 by Ord. No. 387]
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the Township Committee a certificate from the Township Tax Collector
verifying that all taxes on the subject property are paid.
For the purpose of administering and enforcing
this chapter, any duly authorized officer, agent and employee of the
Township of Carneys Point shall have the right to enter into and upon
any lands on or upon which soil-removing operations are being conducted
to examine and inspect such lands and operation.
[Amended 5-20-1985 by Ord. No. 393]
Any person, firm or corporation violating any
of the provisions of this chapter shall be subject to a fine not exceeding
$1,000 or imprisonment in the County jail for a term not exceeding
90 days, or both, in the discretion of the Judge before whom such
conviction shall be had. Each and every violation and nonconformance
with this chapter or each day that any provision of this chapter shall
have been violated shall be construed as a separate and distinct violation
thereof.
