[HISTORY: Adopted by the Township Council
of the Township of Moorestown 6-6-1955 by Ord. No. 294. Amendment 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 Council.
The Township Council 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 Council of said township. 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
Council.
A.
Upon written request for a hearing made by the applicant
to the Township Council, an opportunity to be heard shall be granted
within 30 days thereafter, and the Township Council, 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:
B.
If, after examining the application and the map provided for in § 150-2 of this chapter and after the hearing in the event that a hearing is requested by the applicant, the Township Council 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 or 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 operations that
there shall be no sharp declivities, pits or depressions and in such
a manner that the area shall be properly leveled off, cleared of debris
and graded to conform to the contour lines and grades as approved
by the Township Council.
[Added 4-9-1984 by Ord. No. 1209]
Unless the conditions of approval specifically
state to the contrary, any soil removal permit granted under this
chapter may be transferred with the land to which it relates, and,
if so transferred, the transferee shall be subject to and comply with
all of the terms and conditions of such permit. Any person to whom
a soil removal permit is granted may enter into contractual relationship
with other persons respecting operation pursuant to and in compliance
with the permit, but such contractual relationship shall not release
the permit grantee from the terms and conditions of the permit.
A.
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 Council.
B.
Topsoil which has been stockpiled since on or before
January 1, 1984, may be removed to other lands within the Township
where the existing depth of topsoil is less than six inches.
[Added 1-26-1984 by Ord. No. 1227]
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the Township Council a bond, with surety acceptable to the Township
Council, in form and in such amount as in the opinion of the Township
Council shall be sufficient to insure the faithful performance of
the work to be undertaken pursuant to the permission granted by the
Township Council under the provisions of this chapter.
No excavation shall be 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.[1]
