[HISTORY: Adopted by the Township Committee of the Township of Delanco
10-12-1971 by Ord. No. 19-1971 as Ch. 84 of the 1971 Code. 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 vegetative or animal matters or mineral components of the
earth's surface.
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.
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 the 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.
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 § 95-3 of this chapter, and after the hearing, in the event that 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 or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
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, 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 Committee.
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 form and with surety acceptable to the township, in such amount as in the
opinion of the Township Committee shall be sufficient to ensure the faithful
performance of the work to be undertaken pursuant to the permission granted
by the Township Committee pursuant to the provisions of this chapter.
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 this chapter.
If the soil removal operation for which permission is granted by the
Township Committee to remove soil under the provisions of this chapter shall
also require a soil erosion and sedimentation control permit under N.J.S.A.
4:24-39 et seq., it shall be a condition of the granting of permission for
the soil removal by the Township Committee that the applicant shall file for
and obtain a soil erosion and sedimentation control permit from the Burlington
County Soil Conservation District before commencement of the soil removal
and shall conduct the soil removal operations in strict accordance with said
permit and this chapter.
Any person, firm or corporation violating any of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Each and every violation and nonconformance of 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.
