[HISTORY: Adopted by the Township Committee by the Township of South Harrison 8-5-1966. Amendments noted where applicable.]
No person shall excavate or otherwise remove soil or earth for sale or use other than on the premises from which the soil or earth shall be taken 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 Committee.
The Township Committee of the Township of South Harrison shall not consider any application for removal of soil or earth from the premises for sale or otherwise unless and until the owner of the premises shall first file with the Municipal Clerk an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour line and proposed contour grades resulting from such intended removal of soil or earth in relation to the topography of the premises, and the said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Committee of the Township of South Harrison. No such permission for soil or earth removal shall be issued until such map has been approved by the Township Committee of the Township of South Harrison.
Upon written request for a hearing made by the applicant to the Township Committee of the Township of South Harrison, an opportunity to be heard shall be granted within 30 days thereafter and the Township Committee, in considering and reviewing the application, and in arriving at its decision, shall be guided by and take into consideration the public health, safety and general welfare and particular consideration shall be given to the following factors:
If, after examining the application and the map provided for in § 117-2 of this chapter, and after the hearing in the event a hearing is requested by the applicant, the Township Committee 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 creating 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 may 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 with the contour lines and grades as approved by the Township Committee of the Township of South Harrison.
Before any permit or permission for soil or earth removal shall be granted or issued, the owner or applicant shall file with the Township Committee a bond, in form and with surety acceptable to the Township of South Harrison, in such amount as in the opinion of the Township Committee of the Township of South Harrison shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted by the Township Committee pursuant to 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.
[Amended 8-9-2006 by Ord. No. 0-06-08]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalties provided by § 1-14 of this Code. Each and every violation and nonconformance of this chapter, and each and every day that any provision of this chapter shall have been violated, shall be construed as a separate and distinct violation thereof.