[HISTORY: Adopted by the Board of Commissioners of the Township of Haddon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 95.
Land use and development — See Ch. 142.
[Adopted 4-19-1960 by Ord. No. 436]
[Amended 4-7-1987 by Ord. No. 819]
No person shall commence any excavation for building purposes without first having filed plans and specifications with the Construction Code Official and secured a building permit.
All persons making excavations upon any lands in the Township of Haddon shall cause the same to be properly guarded and protected so as to prevent the same from becoming dangerous to life, limb or property.
Such excavations, where necessary, shall be sheet-piled, braced or shored to prevent the adjoining earth or structures from settling or caving in.
Whenever such excavations shall affect adjoining property, party walls or structures, the person causing such excavations to be made, at his own expense, shall preserve and protect from injury any wall, building or structure, the safety of which may be affected by such excavations, and shall support the same by proper foundations, piling, bracing or shoring, as may be necessary and required.
A. 
All soil, earth, stone or excavated material shall be piled or stored upon the premises and within five feet inside the property line of the excavated premises in a manner to prevent the same from becoming dangerous to life, limb or property.
B. 
No fill or excavated soil or material shall be piled or stored upon such premises in such a manner as to permit the same to wash over and upon adjoining lands or the sidewalk or street area.
C. 
Such fill or excavated soil or material may only be piled or stored temporarily upon such premises during the course of active construction, and upon completion of the building construction the same shall be forthwith removed from the premises and the premises restored to existing or established grade.
D. 
No person shall cause, suffer or permit excavated material, soil, stone, earth or other material to be piled or stored upon premises in such a manner as to become a nuisance to adjoining properties; nor permit, cause or suffer the same or any part thereof to wash away and upon adjoining lands, sidewalks or street areas. The washing away or blowing away of such soil, earth or excavated material upon adjoining lands or the sidewalks or street areas shall be considered a nuisance and a violation of this article.
[Amended 4-7-1987 by Ord. No. 819]
The Construction Code Official is hereby designated and empowered to enforce the provisions of this article, with full power to make inspections of such excavations.
[Amended 4-7-1987 by Ord. No. 819]
Such Construction Code Official is hereby authorized to make and enforce rules, regulations and requirements regarding the excavations and piling of excavated material upon premises to protect life, limb or property. Whenever such excavations or the piling of such excavated material shall constitute a threat, danger, peril or nuisance to life, limb or property, the Construction Code Official may issue and enforce appropriate orders or regulations for the correction of such danger, peril, threat or nuisance to life, limb or property.
[Amended 4-7-1987 by Ord. No. 819]
All persons causing excavations to be made as aforesaid shall comply with the regulations and orders of the Construction Code Official concerning such excavations and piling of excavated materials.
The word "person," as used in this article, shall extend to and include corporations, persons, partnerships and any other business association.
[Amended 4-7-1987 by Ord. No. 819]
Any person or persons violating the provisions of this article shall, upon conviction, be punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both, in the discretion of the court.
[Adopted 7-2-1968 by Ord. No. 532]
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 Planning Board.
The Planning Board of the Township of Haddon 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 Secretary of the Planning Board an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour lines and proposed contour grades resulting from such intended removal of soil or earth 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 Planning Board of the Township of Haddon. 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 Planning Board of the Township of Haddon.
A. 
Upon written request for a hearing made by the applicant to the Planning Board, an opportunity to be heard shall be granted within 30 days thereafter, and the Planning Board, 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 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 § 110-12 of this article and after the hearing in the event a hearing is requested by the applicant, the Planning Board 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.
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 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 Planning Board of the Township of Haddon.
Before any permits or permission for soil or earth removal shall be granted or issued, the owner or applicant shall file with the Planning Board a bond, in form and with surety acceptable to the Township of Haddon, in such an amount as in the opinion of the Planning Board of the Township of Haddon shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Planning Board pursuant to the provisions of this article.
No excavation shall be made and no soil shall be removed under the provisions of this article 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 article.
[Amended 4-7-1987 by Ord. No. 819]
Any person, firm or corporation violating any of the provisions of this article shall be subject to a fine not exceeding $1,000, or imprisonment in the county jail for a term not exceeding 90 days, in the discretion of the Judge before whom such conviction shall be had. Each and every violation of and nonconformance with this article or each day that any provision of this article shall have been violated shall be construed as a separate and distinct violation hereof.