[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson 12-13-1955 (Sec. 2.176 of the 1995 Code). Amendments noted where applicable.]
[Added 4-10-1979 by Ord. No. 1979-2]
As used in this chapter, the following terms shall have the meanings indicated:
- A lot or parcel of land separated from other lots or parcels by subdivision, plan or record of survey, as set forth on the Official Tax Map of the Township of Cinnaminson.
No person shall excavate or otherwise remove soil or earth for sale or for use other than on the premises from which the soil or earth 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.
[Amended 2-8-1989 by Ord. No. 1989-5]
Filing of maps. The Township Committee of the Township of Cinnaminson shall not consider any application for the removal of soil or earth from the premises for sale or otherwise unless and until the owner of the premises shall first file with the Township Committee an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour lines and proposed grades resulting from such intended removal of soil or earth 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 of the Township of Cinnaminson. No such permission for soil or earth 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 of the Township of Cinnaminson.
Rodent control program. Each and every applicant under this chapter shall be required to include with its application, a detailed program designed to prevent rodent infestation and in the event of such infestation to control and terminate such infestation. The Board of Health 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.
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 and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
If after examining the application and the map provided for in § 437-3 of this chapter, and after the hearing in the event a hearing is requested by the applicant, the Township Committee 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, sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
[Amended 9-18-1963 by Ord. No. 1963-15]
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions. Following the completion of the removal of soil, the area shall be cleared of debris and graded to conform to the contour lines and grades as approved by the Township Committee of the Township of Cinnaminson.
The excavation and soil removal operation shall be conducted only between the hours of 7:00 a.m. and 6:00 p.m., prevailing time, Monday through Saturday. The working of the excavation and soil removal operation is prohibited on Sunday.
Before any permits or permission for soil or earth removal shall be granted or issued, the owner or applicant shall file with the Township Committee a bond, in form and with surety acceptable to the Township of Cinnaminson, in such amount as in the opinion of the Township Committee of the Township of Cinnaminson shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the provisions of the chapter.
[Amended 9-18-1963 by Ord. No. 1963-15]
No excavation shall be made and no soil shall be removed under the provisions of this chapter unless a permit therefor shall have been first obtained as provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of the chapter.
The Township Clerk will issue a permit for the excavation and removal of soil to the applicant upon compliance with terms of this chapter. Said permit will be effective for a period of six months from the date of issuance. When the excavation and soil removal work has been in continuous operation during the period of the permit and has been performed in accordance with the conditions under which the original permit was granted, said permit may be renewed for a further period of six months by the Township Committee upon request for renewal from the permittee.
Request for renewal shall be made by letter to the Township Committee at least 10 days before the expiration of the original permit or any extension thereof. The letter shall state the name and address of the permittee, the date of issuance of the permit which is sought to be renewed, the location of the excavating and soil removal operation within the Township and that the operation has been continuous, as defined in the chapter.
A continuous operation is one in which the work of excavating and soil removal is performed on an average of two days of every calendar week, weather permitting, during the period of the permit.
All permits for an excavation and soil removal operation which have been issued by the Township Committee prior to the adoption of this chapter and which are one year old or older must be renewed.
The Police Department, in its regular patrol of the Township, shall establish whether movement of soil in and through the Township has been authorized by the procurement of a soil removal permit. Infractions of this chapter shall be brought to the local court by the Police Department.