[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]
A.
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.
B.
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.
A.
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:
B.
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]
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
