If a permit is issued for the removal of earth and soil as provided herein, 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 with the contour lines and grades as required and shown on the approved plan.
No soil shall be removed nor shall any operation be conducted so as to violate any of the regulations contained in this article after a permit is granted.
Arable soil shall not be removed from the licensed owner's premises, but promptly on completion of operations, or as otherwise directed by the Township Council, the arable soil so retained shall be respread on the surface as uniformly as possible and seeded with winter rye or other suitable planting. If the soil within four inches of the top is not arable soil, arable soil must be spread thereon promptly when the operation is completed in each such area. Provisions must be made for adequate drainage after the topsoil is replaced. No topsoil shall be removed from the site.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Soil removed shall not be deposited or in any way thrown or placed upon adjoining property or public roads. Any soil or material resulting from any such operation accumulating on any adjoining property or public road shall be removed therefrom immediately upon notice by the Township Engineer to the permittee of such accumulation.
All operations shall be conducted in strict accordance with any state law, other ordinances of the township and the terms and conditions of any permit granted for such operations.
A. 
The operation shall be so conducted as not to constitute a nuisance to adjoining owners or the township and in no event shall the operation create any extra hazardous or unsafe conditions with regard to any person or persons.
B. 
The parking or maintenance of trucks, vehicles or equipment on an abutting public road or highway shall be deemed a nuisance.
Upon completion of an operation or of excavation from an area delineated on the approved plan, the area shall be properly leveled off, cleared of debris and graded to conform to the contours and grades as approved by the Township Council. A final map shall be submitted containing and complying with all requirements as set forth in § 150-20.
A. 
Soil shall not be removed except in accordance with the approved plan, which plan may, upon application, be amended from time to time by the Board of Adjustment or Planning Board and Township Council, as the case may be.
B. 
No soil shall be removed which is within eight feet of the water table except as otherwise shown on the approved plan or unless approved by the Township Council, and no soil shall be removed which is below the grade established and shown on the approved map.
While working an area, the working face of the excavation shall not exceed 60º from the horizontal nor shall the sixty-degree angle have a vertical height exceeding 30 feet. Any face not currently being worked on shall not exceed 30º from the horizontal. Where an excavated area adjoins a public road or roads which has been dedicated to the public, no excavation shall be made below the level of the road for a distance of 100 feet back from the center line of the road except in such instances where on the low side of the road the removal of material would not substantially alter the general terrain characteristics. Where an excavated area is within 50 feet from any building, the finished grade thereof shall not exceed 5º. Where an excavated area adjoins abutting property or a public road, the finished slope shall not exceed 5º. Where an excavated area adjoins abutting property or a public road, the finished slope shall not exceed 5% for a distance of 50 feet back from the property line or public road. In any event no finished grade shall exceed 10% or be less than 2%. Care shall be taken so that there shall be no diversion of surface water either during the operation or after the project is complete.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No trash, garbage, junk or debris may be stored in any licensed area, and no safety hazards will be permitted, either during or after the completion of operations. All burning of combustible debris resulting from the soil operation shall be subject to the regulations set by the Hardyston Township Fire Department, or any regulation of a higher authority in effect, and be undertaken so as not to create a smoke, nuisance or air pollution safety hazard.
The Township Engineer or his or her representatives shall inspect the site and inform the Township Council and the permittee of any matters not complied with under township ordinances, together with a statement of such further matters as may be required in his or her judgment to comply with the township ordinances.
Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. Mondays through Saturdays except in emergencies when authorized by the Township Council. There shall be no operation of any kind or character on Sundays or legal holidays, also except in emergencies when authorized by the Township Council. Notwithstanding the foregoing, trucks which were loaded on the preceding day shall be permitted to leave the premises at any time after 6:00 a.m., provided that they exit directly to a state highway.
In order to minimize the possibility of mud slides or drainage of silt, the area of operations for excavation shall not exceed a total of 10 acres at any one time without a replacement of topsoil and reseeding of the premises unless otherwise permitted by the Township Council for good cause shown.
Upon the completion of work in any specific area, all respreading of arable soil and reseeding as required by §§ 150-12 and 150-22 shall be completed within 60 days thereafter; except that if the completion of work in an area occurs during the winter months when it would not be practicable to respread topsoil and reseed the same, such work shall be completed within such additional time as may be specified by the Township Council.
The Township Council may modify or waive any of the above conditions or regulations where the applicant can show undue hardship by reason of topography, grade or other special conditions or when such modifications would clearly be in the public interest. The Township Council shall, in all cases, submit such proposed modifications to the Planning Board for report and recommendation thereon prior to taking final action.