This chapter shall be known and may be cited as the "Hardyston Township Soil Removal Chapter."
The words defined in this section shall mean and include the following when used in this chapter:
APPROVED PLAN
A plan for soil removal approved either by the Zoning Board of Adjustment as a special use and by the Township Council pursuant to the provisions of this chapter, or, in the case of nonconforming uses, by the Planning Board and Township Council pursuant to the provisions of this chapter.
ARABLE SOIL
Soil that, when dry, contains not less than 4% by weight of organic matter and the balance of which is mineral matter.
PERMIT
A soil removal permit.
PLANNING BOARD
The Planning Board of the Township of Hardyston.
SOIL
Includes dirt, stone, gravel, sand, humus, clay, loam and mixture of any of these, but this shall not include rock or refer to the quarrying of rock.
TOPSOIL
The arable soil within eight inches of the surface.
ZONING BOARD OF ADJUSTMENT
The Zoning Board of Adjustment of the Township of Hardyston.
No person shall excavate for the removal of soil or otherwise remove soil for sale or for use other than on the premises from which the soil was taken except in accordance with an approved plan for which a permit has been first obtained. Conventional site plan review shall not be required for soil removal operations, and the review provided for in this chapter shall be in lieu of conventional site plan review by the Planning Board or Zoning Board of Adjustment. This provision shall not be applicable with respect to excavation or grading incidental to construction of a single-family residence on an isolated lot or for the construction of buildings in accordance with an approved site plan approved by a municipal agency where the amount of soil to be removed from the premises is found not to exceed 1,000 cubic yards.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
An application for a permit pursuant to this chapter may be made simultaneously with an application for a conditional use permit in zones where soil removal is permitted as a conditional use.
In any case where a variance to permit a soil removal operation is granted by the Zoning Board of Adjustment, such soil removal operation shall not be commenced until a permit has been obtained pursuant to the provisions of this chapter.
A. 
An application for issuance of a permit pursuant to this chapter shall be filed with the Township Clerk in triplicate. The Clerk shall forward a copy of the application and all accompanying maps to the Planning Board for its review and recommendations. The Planning Board shall, within 95 days, or within such further time as may be consented to by the applicant, review said application and make a recommendation to the Township Council as to whether or not the permit should be issued.
B. 
The application shall be accompanied by a map or maps showing existing contour lines at five-foot intervals; an aerial photograph of the site; proposed contour lines at five-foot intervals after removal of the soil; all existing structures; all existing roads and drainage within 200 feet of the property; location of topsoil storage areas; methods of controlling silting of downstream properties and the elevation of the water table if it is within eight feet of the proposed final contour, or certification that the water table is not within eight feet of the proposed final contour. The determination of the water table is to be an approved method and shall be certified by a professional engineer, which certification shall also show the date such tests were made.
A. 
In considering the reviewing the application and arriving at its recommendation or decision, the Planning Board and Township Council shall be guided by and take into consideration the public health, safety and general welfare and the general purposes of municipal planning and particular consideration shall be given to the following factors:
(1) 
Soil erosion by water and wind.
(2) 
Surface water drainage.
(3) 
Soil fertility.
(4) 
Lateral support of abutting streets and lands.
(5) 
Public health and safety.
(6) 
Land values and uses.
(7) 
Contours; both existing and proposed.
(8) 
Existing contours and topographic character of the land prior to the removal of any soil and the proposed contours which will result subsequent to the removal of soil in accordance with the soil removal application.
(9) 
Whether the proposed removal of soil is necessary and incidental to the development of the property for its intended use or whether the proposed removal constitutes primarily a commercial activity.
B. 
In the event that after considering and reviewing the application the resultant effect would be a creation of lake, pond, hole, pit or similar type depression and further in the event that the nature of the operation would be a wet mining operation, then and in that event, in addition to the above referred to factors, and these factors alone, may be a sufficient basis for the denial for the permit.
A. 
Upon receipt of the recommendation of the Planning Board, the Township Council shall consider said recommendation. The Township Council may approve issuance of the permit subject to the conditions imposed by the Planning Board or subject to such other conditions as it may determine. The permit shall be issued by the Township Clerk in accordance with the terms and conditions of the approval by the Township Council. The permit shall show the total number of yards of soil authorized to be removed as calculated by the Township Engineer based upon the contour maps submitted and also the duration or term of the permit based upon the applicant's estimate of the time necessary to complete the proposed operation, as provided for in § 150-6, which period may not, however, exceed 10 years.
B. 
Upon expiration of the period for which a permit was issued, as hereinabove provided, if the soil removal operation has not been completed and if the licensee desires to complete the operation in accordance with the plan as previously approved, the licensee shall file an application with the Township Clerk for extension of the permit for an additional period not to exceed five years, which application shall be accompanied by a copy of the plan as originally approved, an up-to-date topographic map showing compliance with the approved plan, a statement of applicant's engineer showing that all soil removal has been done in accordance with the approved plan and a filing fee as provided for in Chapter 88, Fees. Upon receipt of such application, the Township Council shall cause an inspection of the site to be made by the Township Engineer who shall submit a report of his or her findings as to licensee's compliance with the ordinance and approved plan, which report shall also set forth any special conditions or requirements that the Township Engineer deems necessary in the public interest, which the Township Council may impose as conditions to the issuance of the extended permit. The Township Council may also request reports from the Planning Board, Environmental Commission, Board of Health and Police Department as to any previous problems resulting from the soil removal operation or as to any particular areas of concern resulting from the continuation of the operation. In addition to the filing fee as set forth above, the applicant shall be responsible to reimburse the township for all expenses incurred by the township in connection with the review of said renewal application by the Township Engineer or any other similar professional. If reference is made by the Township Council to any of the Boards or bodies hereinabove referred to, the applicant shall also be responsible for defraying the costs of any reviews made by said Boards; provided, however, that no duplication of charges shall be incurred.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
After considering the report of the Township Engineer and any other reports received, the Township Council may issue an extended permit for a period not to exceed five years. Any such extended permit may be further extended by submitting an application and following the same procedure as hereinabove set forth.
D. 
Every permit or renewal permit shall be subject to all of the terms and conditions of this chapter as the same may be amended from time to time and further subject to all conditions of approval specified at the time of issuance of the permit or renewal thereof.
E. 
Upon the expiry of a soil removal permit, or of an extended permit, without application having been made for a further extension prior to the expiration of such permit, such permit or extended permit shall become null and void.
A. 
A permit issued pursuant to the provisions of § 150-8 and an annual operating license issued pursuant to the provisions of § 150-26 may be transferred pursuant to the following provisions.
B. 
An application for transfer shall be filed with the Township Clerk, accompanied by a consent to such transfer signed by the holder of the existing permit and license.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The Township Engineer shall inspect the premises and submit a letter to the Township Clerk setting forth the results of his or her inspection, including specification of any violations of this chapter.
D. 
The applicant shall publish a notice of his or her application for a transfer of the permit and license at least once in the official newspaper of the township, at least 25 days prior to the date when the application is to be considered by the Township Council and shall furnish proof of publication to the Township Clerk. Said notice shall provide that objections to the transfer may be submitted in writing to the Township Clerk at least five days prior to the date that the application is to be considered by the Township Council.
E. 
If no objections are filed as hereinabove set forth, the Township Council at the meeting at which the matter is to be considered may act upon said request for transfer. If, however, any objections have been filed, then a hearing shall be held at said meeting, or at such other meeting as may be designated by the Township Council, and at said hearing, objectors to the granting of the transfer of the permit may be heard. The transfer shall be either granted or denied in the discretion of the Township Council within 15 days following the hearing.