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.
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.