As used in this chapter, the following terms
shall have the meanings indicated:
SOIL
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.
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. 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.
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.