As used in this chapter, the following terms
shall have the meanings indicated:
DEVELOPER
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in
the construction of two or more dwelling houses, business or industrial
buildings for the purpose of sale to or occupancy by another person
or persons.
EXCAVATOR
Any person engaged in the moving, removal or excavation of
soil or topsoil from, in or upon any land.
LAND
Any land in the Township in excess of one acre in area.
MOVE
To dig; excavate; remove; deposit; place; fill; grade, regrade,
level, or otherwise alter or change the location or contour; transport,
or supply. This term shall not be construed to include plowing, spading,
cultivation, harrowing or discing of soil, or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
OWNER
Any person having title to any land or having such other
interest or estate therein as will permit exercise of effective possession
thereof or dominion thereover.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter.
TOPSOIL
Soil that, in its natural state, which constitutes the top
layer of earth, and is composed of 2% or more, by weight, of organic
matter and has the ability to support vegetation.
The application procedure for the issuance of
a soil permit shall be as follows:
A. On a form supplied by the Township Engineer, the applicant
shall set forth in duplicate:
(1) The identity and address of the applicant;
(2) The description of the land in question;
(3) The identity and address of the owner of the land:
If the owner shall signify his consent to the application by signing
it along with the applicant;
(4) The purpose or reason for moving, removing, or filling
the soil;
(5) The kind and quantity, in cubic yards, of soil to
be moved;
(6) In case of removal, the place to which the soil is
to be removed and the kind and quantity of soil to be removed;
(7) The proposed dates of the commencement and completion
of the work;
(8) The type and number of the machines or other equipment
to be used in said operation, and the daily starting and finishing
time during which machines are to be operated; what fences, barriers
or other structures are to be provided to keep children and others
having no business on the land from being thereon.
B. Accompanying the application there shall be filed
a topographical map prepared and certified by a licensed civil engineer
and land surveyor, in duplicate, showing:
(1) The present grade on a one-hundred-foot-foot grid
layout;
(2) The proposed grades of said points when the work has
been completed;
(3) The quantity, in cubic yards, of the soil involved
in the work;
(4) The grades of all abutting streets and lands;
(5) Proposed slopes and lateral supports;
(6) Present and proposed surface water drainage;
(7) The location of all trees having a diameter of six
inches or more at the base.
C. In addition to the above requirements of Subsections
A and
B of this section, the applicant shall furnish such other pertinent data as the Township Engineer may require after he has had an opportunity to examine the proposed project, including the extent (in cubic yards) of topsoil to be removed and whether such topsoil is to be replaced on the site in question or moved to some other place, and if so, to what other place.
In considering the application, the Township
Engineer shall be guided by, and shall take into consideration, the
following factors:
A. Soil erosion by wind and water;
B. Surface and subsurface water drainage;
D. Lateral support of abutting streets and lands;
E. Public health and safety;
G. Preservation of trees and shrubbery;
H. Prevention of sharp declivities, pits and depressions:
I. Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township.
In the event the application for soil removal
involves the partial cutting down of a bank, such project shall be
conducted in such manner as to leave all sides of the remaining portion
of the bank at a slope of at least 1 1/2 horizontal to one vertical,
if the resultant bank is less than 10 feet in height, and at least
three horizontal to one vertical, if the resultant bank is 10 feet
or more in height.
No soil permit shall be issued unless and until
the applicant therefor shall have posted with the Township a performance
bond in form and with surety acceptable to the Township, and in such
amount as the Township Engineer shall determine to be reasonable depending
upon the nature and extent of the work to be done, conditioned upon
full and faithful performance by the principal, within the time specified
in the application, of all the proposed work in accordance with the
provisions of this chapter and of the soil permit issued pursuant
thereto.
For the purpose of administering and enforcing
this chapter, any duly authorized officer, agent or employee of the
Township shall have the right to enter into and upon any lands in
or upon which soil moving operations are being conducted, to examine
and inspect such lands.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $500, or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.