[HISTORY: Adopted by the Township Committee of the Township of Shamong
12-20-1960 by Ord. No. 3-1960. Amendments 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 excavating
or grading incidental thereto, without first having procured permission therefor
from the Township Committee of the Township of Shamong. No excavation shall
be made for an irrigation pit without permission therefor from the Township
Committee.
The Township Committee 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 or other person shall first file with the Township Clerk an
application requesting such permission, together with two copies of 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.
Said proposed contour lines and proposed grades shall be subject to the inspection
and approval of said Township Committee. No such permission for soil removal
shall be issued until such maps have been filed and until the proposed contour
lines and grades have been approved by said Township Committee.
A.
Upon written request for a hearing made by the applicant
and filed with the Township Clerk, an opportunity to be heard shall be granted
within 30 days after said filing, and the Township Committee 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
and lands.
(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
of Shamong.
B.
If after examining the application and the map provided for in § 140-2 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 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. Said permission shall be shown by the endorsement of the Mayor or other person designated by the Township Committee and the Township Clerk on a copy of the contour map which shall be returned to the applicant after final approval.
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.
Before permission shall be granted, the applicant shall file with the
Township Committee of the Township of Shamong a bond, in such form with satisfactory
surety, and in such amount as in the opinion of the Township Committee shall
be sufficient to insure the full and faithful performance of the work to be
undertaken, pursuant to the permission granted by the Township Committee pursuant
to the provisions of this chapter, and which may be found necessary by said
Township Committee. In addition, the bond shall be conditioned upon the repair,
at the expense of the owner or applicant, of any street, streets or road or
roads damaged by the transportation of soil in connection with the application
if, in the judgment of said Township Committee, such repairs are deemed to
be necessary.
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 removed except
in conformity with the provisions of this chapter.
The terms used in this chapter shall be deemed and construed to have
the following meanings:
Any individual, firm, association, partnership or corporation, or
any group of two or more of them or anyone acting in behalf of said person.
Any earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence therein of organic matter.
Any person, firm or corporation violating any of the provisions of this
chapter shall be subject to a fine not exceeding $200 or imprisonment in the
county jail for a term not exceeding 90 days, in the discretion of the Magistrate
before whom such conviction shall be had. Each and every violation and nonconformance
of this chapter or each day that any provision of this chapter shall have
been violated shall be construed as a separate and distinct violation thereof.
