[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.
A.
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:
B.
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.
