[HISTORY: Adopted by the Township Committee
of the Township of Hanover 3-11-1955. Amendments noted where applicable.]
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.
A.
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 said proposed contour lines and proposed grades
shall be subject to the inspection and approval of the Township Committee
of the Township of Hanover.
B.
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 of the Township
of Hanover.
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.
B.
The Township Committee, in considering and reviewing
the application and in arriving at its decision, shall be guided by
and shall take into consideration the public health, safety and general
welfare. and particular consideration shall be given to the following
factors:
C.
If, after examining the application and the map provided for in § 241-2 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, or 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 operation 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 with the contour lines and grades as approved
by the Township Committee of the Township of Hanover.
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 of
the Township of Hanover.
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 a form and with surety acceptable
to the Township of Hanover, in such amount as, in the opinion of the
Township Committee of the Township of Hanover, shall be sufficient
to insure 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 he 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 10-10-1968 by Ord. No. 15-68; 7-11-1991 by Ord. No. 16-91]
Any person, firm or corporation violating any
of the provisions of this chapter shall be subject to a fine not exceeding
$1,000 or to imprisonment in the county jail for a term not exceeding
90 days, or both, in the discretion of the Judge. Each and every violation
of this chapter, or each and every day that any violation shall be
permitted to continue, shall be construed as a separate and distinct
violation hereof. The Hanover Township Police Department is specifically
designated as the enforcement officers to serve and execute process
for violation of this chapter.
