Township of Mount Holly, NJ Chapter 238 Soil Removal

[HISTORY: Adopted by the Township Council of the Township of Mount Holly 7-7-1980 as Ch. XVII of the Revised General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Uniform construction codes — See Ch. 96.

Topsoil protection — See Ch. 149, § 149-204H.

Removing soil from parks — See Ch. 187, Art. I, § 187-1A(3).

§ 238-1 Findings.

The Township Council finds and determines that the unregulated and uncontrolled relocation, filling, excavation and removal of soil on a large scale has resulted in conditions detrimental to the public safety, health and general welfare, substantially hampering and determining the efforts of the Township to effectuate the general purpose of municipal planning.

§ 238-2 Permission required; exceptions.

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 therefore from the Township Council.

§ 238-3 Application; contour map.

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 the proposed lines and proposed grades shall be subject to the inspection and approval of the Township Council. 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 Township Council.

§ 238-4 Hearing; factors to be considered in granting permission.

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 and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:

(1) Soil erosion by water and wind.

(2) Drainage.

(3) Soil fertility.

(4) Lateral support slopes and grades of abutting streets.

(5) Land values and uses.

(6) Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

B. If, after examining the application and the map provided for in § 238-2 of this chapter and after the hearing, in the event 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, depressed land values nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted.

§ 238-5 Conditions of permission.

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 with the contour lines and grades as approved by the Township Council.

§ 238-6 Topsoil removal prohibited.

The owner of the premises or the person in charge of the removal of the 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.

§ 238-7 Performance bond.

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, in form and with surety acceptable to the Township 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 pursuant to the provisions of this chapter.

§ 238-8 Permit required.

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.

§ 238-9 Violations and penalties.

[Added 6-22-1992 by Ord. No. 1992-5]

Any person in violation of this chapter shall, upon conviction, be punishable by a fine not to exceed $1,000 or imprisonment for a term of not more than 90 days, or both.