[HISTORY: Adopted by the Mayor and Council of the Township of Florence 12-21-1983 by Ord. No. 1983-12 as Ch. 120 of the 1983 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 91.
Payment of taxes prior to issuance of permit — See Ch. 129, Art. II.
[Amended 12-15-1993 by Ord. No. 1993-31; 3-16-2005 by Ord. No. 2005-9]
A. 
No person shall excavate or otherwise remove soil or earth whether for sale or for any other use nor shall soil be deposited on any land in the Township other than on the premises from which the soil or earth shall be taken without first having procured permission therefor from the Township Council. The term "premises" shall mean a lot as identified on the Florence Township Tax Map, except that where there is a comprehensive development plan, the term shall be applied to the area proposed for development so that the restrictions shall not apply to soil moved within the development project while the project is in the process of development.
B. 
No soil or earth shall be removed from the Township of Florence unless the Township Council shall have determined that there is no location within the Township of Florence where the soil or earth can be put to public use. Where there is a public use for the soil or earth, the person excavating or otherwise removing the soil or earth shall be required to transport it to the location designated by the Township Council. The Township Council may waive this requirement where there is no pubic use for the soil or earth. Where the soil or earth is to be put to public use, or where the Township Council determines that there is good cause, the Township Council may waive the permit fee provided for in § 120-5.
C. 
The following activities are exempt from this requirement:
(1) 
Activities where the extent of soil disturbance does not exceed 10,000 square feet in area or 100 cubic yards in volume.
(2) 
Normal farming activities as more fully described in Chapter, 34, Agriculture, Art. I.
(3) 
Any soil disturbance, grading or construction associated with a plan approved by the Florence Township Planning Board, Zoning Board, Township Council or any other governmental agency having jurisdiction, be it local, county, state or federal, provided that the soil or earth being removed is relocated for use in the Township of Florence as provided in Subsection B of this section.
(4) 
Any soil activity directly related to the installation or repair of a septic system.
[Amended 12-15-1993 by Ord. No. 1993-31]
Any person wishing to obtain permission in accordance with § 120-1 shall file with the Township Clerk a letter requesting such permission stating the location, amount and purpose of the soil removal or soil depositing. The letter shall be accompanied by a plan that generally shows the area to be excavated, extent and depth of excavation areas where soil is to be deposited and the extent and depth of the soil to be deposited. In addition, the areas and extent of steep slopes, floodplains, wetlands and water bodies (if any) shall be indicated on the plan. The letter and accompanying plan shall contain sufficient information for the Township Council and/or its staff to determine that the standards of § 120-4 will be met.
A. 
Upon written request for a hearing made by the applicant to the Mayor and Council, an opportunity to be heard shall be granted within thirty (30) days thereafter, and the Mayor and Council, 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:
(1) 
Soil erosion by water and wind.
(2) 
Drainage.
(3) 
Soil fertility.
(4) 
Lateral support slopes and grades of abutting streets and lands.
(5) 
Land values and uses.
(6) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the township.
B. 
If, after examining the application and the map provided for in § 120-2 of this chapter and after the hearing, in the event that a hearing is requested by the applicant, the Mayor and Council 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 or depressed land values nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
[Amended 12-15-1993 by Ord. No. 1993-31]
Permission to remove or deposit soil in Florence Township shall be granted only when the following standards and requirements are met:
A. 
At the end of the soil removal or depositing activity there shall be an adequate top soil covering the disturbed area to assure that healthy vegetation can be supported. A minimum of six (6) inches shall be considered necessary for this purpose.
B. 
Steps shall be taken so that there shall be no soil erosion by water or wind resulting from the activity.
C. 
Soil shall not be removed or deposited so as to create drainage problems on or off the site.
D. 
There shall be no sharp declivities, pits or depressions created at the end of the activity. The area of disturbance shall be properly leveled and graded in a manner that is free of debris and suitable for a healthy vegetative cover.
E. 
There shall be adequate lateral support of adjacent streets, buildings and lots.
F. 
There shall be no depositing of soil contaminated with chemicals or materials that may be harmful to waterways, groundwater, vegetation, livestock, wildlife or citizens of Florence Township. The Township Engineer or Construction Code/Zoning Official may require soil tests from a reputable testing laboratory to confirm that there is no harmful contamination.
G. 
This disturbed area shall be covered with a suitable vegetation at the end of the activity.
H. 
The activity shall be concluded within a reasonable period of time taking into account the nature and extent of the activity. The Township Council may impose a limit on the time that the soil shall be disturbed and uncovered by vegetation in accordance with its approval, as it determines may be necessary or appropriate.
[Added 12-15-1993 by Ord. No. 1993-31]
A. 
An application fee of five dollars ($5.) per one hundred (100) cubic yards shall be paid to the Township of Florence prior to the issuance of a soil removal or depositing permit. The minimum permit application fee shall be one hundred dollars ($100.).
B. 
For applications to remove over twenty-five thousand (25,000) cubic yards of soil, the Township Council may negotiate the deferred payment of the application fee over the term of the permit at a fee agreed to between the applicant and the Township Council but in no event shall the fee be less than five dollars ($5.) per one hundred (100) cubic yards.
[Amended 12-15-1993 by Ord. No. 1993-31]
Before any permission for soil or earth removal or deposit shall be granted, the applicant shall file with the township a bond, in form and with surety acceptable to the Township of Florence, in such amount as, in the opinion of the Council, with the advice of the Township Engineer, shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted in accordance with this chapter.
[Added 12-15-1993 by Ord. No. 1993-31]
The applicant shall establish an escrow fund in the amount of six percent (6%) of the bond guaranty amount required to be filed with the township pursuant to § 120-5 of this chapter. Said fund shall be used to pay the fees of any professional personnel employed to process, review, inspect and make recommendations on the application. If at any time the escrow fund shall be deemed insufficient by the township to cover actually anticipated expenses, said fund shall be subject to increase on demand. Any excess of the funds in the escrow account at the time of final completion of the project will be returned to the owner or applicant upon his request, in writing, and upon certification by the Township Engineer.
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.
[Amended 12-1-1993 by Ord. No. 1993-32]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not exceeding one thousand dollars ($1,000.) or to imprisonment in the county jail for a term not exceeding ninety (90) days or to a period of community service not exceeding ninety (90) days, or any combination thereof, in the discretion of the Judge before whom such conviction shall be had. Each and every violation of and nonconformance with the provisions 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.