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Township of Hainesport, NJ
Burlington County
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Table of Contents
Table of Contents
Code
New Laws (8) Index Notes (1)
Public Documents
Misc. Documents (5)
[HISTORY: Adopted by the Township Committee of the Township of Hainesport 7-13-1976 by Ord. No. 1976-5 as Ch. 115 of the 1976 Code. Amendments noted where applicable.]
[Amended 2-12-1980 by Ord. No. 1980-2]
As used in this chapter, the following terms shall have the meanings indicated:
MOVE
To dig, excavate, remove, deposit, fill, grade, replace, level or otherwise alter or change the location or contour of land or to transport or supply the same.
REDISTRIBUTION
Any change or alteration in the grade of any property.
SOIL
Those portions or components of the earth's surface commonly known as "soil," "topsoil," "dirt," "clay," "marl," "earth," whether fertile or infertile, "sand," "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.
[Amended 2-12-1980 by Ord. No. 1980-2]
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 excavating or grading incidental thereto or in conformance with an application for development approved by the Township Planning Board for which an improvement bond has been filed with the Township of Hainesport without first having obtained permission therefor from the Township Committee. No person shall excavate for an irrigation pit without first having obtained permission therefor from the Township Committee. No excavation shall be made and no soil shall be removed except in conformity with the provisions of this chapter and Chapter 104, Land Use. Any soil removal operation involving 70 cubic yards or more of soil shall require a permit.
[Amended 2-12-1980 by Ord. No. 1980-2]
A. 
Application for a soil removal permit shall be made to the Township Administrator, subject to review and recommendation by the Township Engineer, and shall be accompanied by the following:
(1) 
A map of the premises at a scale not smaller than one inch equals 50 feet, prepared by a licensed New Jersey professional engineer, showing the present contour lines and the proposed future contour lines resulting from the intended excavation and redistribution of the soil.
(2) 
The proposed dates for the commencement and completion of the work.
(3) 
The names and addresses of the owners of the property.
(4) 
The lot and block numbers of the lands as shown on the current Tax Map of the Township.
(5) 
The reason for removing the soil.
(6) 
The type and quantity of soil to be removed.
(7) 
The location to which soil is to be removed.
(8) 
The proposed hours of daily operation.
(9) 
The proposed hauling routes.
(10) 
A proposal for dust control.
(11) 
Maintenance of hauling routes.
(12) 
The soil erosion and sediment control improvements to be practiced on the site.
(13) 
Such other pertinent information as the Township Engineer may deem necessary.
B. 
Existing streams, floodplain limits, ditches, drainage facilities, wood lines and improvements on site and within 100 feet of the site shall be shown on the applicant's plan, together with designated areas for stockpiling of topsoil.
[Amended 2-12-1980 by Ord. No. 1980-2]
A. 
The Township Engineer shall review the application and shall consider the effect of the proposed excavation and redistribution of soil upon 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 considering the application in relation to the above factors, the Township Engineer determines that the proposed removal or redistribution of soil will not be detrimental to the health, safety or welfare of the Township or its inhabitants, the Township Engineer shall recommend that the permit be issued; otherwise, he shall recommend that the permit not be issued. The Township Committee shall then review the recommendation of the Engineer prior to granting or denying permission for said operation.
C. 
Prior to granting or denying permission for said operation, an open public hearing will be held by the Township Committee, providing the applicant and interested citizens with an opportunity to be heard; and the Township Committee, in considering and reviewing the application and arriving at its decision, shall be guided and shall take into consideration the public health, safety and general welfare, as well as the recommendations of the Township Engineer.
D. 
If, after examining the application and the materials provided to the Township Engineer and after the hearing, the Township Committee shall be of the opinion that the proposed soil removal operation will not create conditions inimical to the public health, safety and welfare 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, sewerage problems or other conditions of danger, permission to remove the soil shall be granted. The decision of the Township Committee shall be final.
[Amended 2-12-1980 by Ord. No. 1980-2]
Soil removal or distribution conducted under a permit issued under this chapter shall be in accordance with the following regulations:
A. 
Operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
B. 
Lands shall be graded to conform to the approved contour lines, and grades shall be cleared of all debris.
C. 
The top layer of soil to a depth of six inches shall not be removed from the premises but shall be set aside and respread over the premises when the remainder of the soil has been removed.
D. 
All work described in this chapter shall be performed between the following hours: 7:00 a.m. through 5:00 p.m. on Monday through Friday and 7:00 a.m. through 2:00 p.m. on Saturdays. No work described in this chapter shall be permitted on Sundays.
[Amended 3-25-1980 by Ord. No. 1980-7]
E. 
Adequate measures shall be taken to prevent erosion or the depositing of soil on surrounding lands, streets or municipal facilities.
F. 
A soil erosion and sediment control plan shall be submitted and approved in accordance with the Code of the Township of Hainesport.[1]
[1]
Editor's Note: See Ch. 104, Land Use.
G. 
Adequate measures shall be taken to ensure sufficient dust control.
H. 
Every 12 months, the applicant shall submit a revised contour map showing the current topography of the premises, which shall be submitted to the Township Engineer for review unless waived by the Township Committee.
[Amended 2-12-1980 by Ord. No. 1980-2]
Upon the filing of an application for soil removal, the applicant shall post with the Township Administrator an escrow sum of $300 for the necessary review and follow-up by the Township Engineer and the Solicitor. The applicant shall maintain a minimum escrow balance of $200 throughout the term of the permit.
[Amended 2-12-1980 by Ord. No. 1980-2]
Before any permit or permission for soil removal shall be granted or issued, the applicant shall file with the Township Committee a bond, in form and with surety acceptable to the Township, executed by the applicant as principal, in such amount which, in the opinion of the Township Committee, shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to permission granted by the Township Committee and pursuant to the provisions of this chapter. The amount of the bond shall be determined by the Township Engineer, but in no event shall it be less than $1,000, and shall be conditioned as follows:
A. 
The permittee shall complete the work authorized by the permit in conformity with the terms of the permit and the provisions of this chapter on or before the date set forth in the application.
B. 
The applicant shall repair any public street, structure or land which may be damaged as a result of the work authorized by the permit.
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. There shall be a flat-fee charge of $20 for each permit issued, which charge shall cover the costs of issuance of said permit.
[Amended 4-12-1994 by Ord. No. 1994-4-3]; 5-23-2006 by Ord. No. 2006-5-4]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to one or more of the following, in the discretion of the Judge before whom such conviction shall be had: a fine not exceeding $2,000, imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days. Each and every violation of and noncompliance with 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. The Township waives the additional fine for a violation of an ordinance within one year of a previous violation of the same ordinance provided in N.J.S.A. 40:49-5.
[Added 2-12-1980 by Ord. No. 1980-2; amended 4-12-1994 by Ord. No. 1994-4-3]
The Construction Official of the Township of Hainesport be and he is hereby designated as the officer to exercise the powers prescribed by the within chapter.