[HISTORY: Adopted by the Township Committee of the Township
of Weymouth 12-29-1980 by Ord. No. 243-80 as Ch. XII, Secs. 12-1
through 12-6, of the 1980 Revised General Ordinances. Amendments noted
where applicable.]
The excavations of topsoil, sand and gravel in the Township
have caused disagreeable dust and noise during the process and is
deemed to create nuisances in the Township; and such excavations have
permanently destroyed the soil for agriculture and other use and,
if uncontrolled, may well hinder the orderly development of the Township.
Such excavations heretofore have left unsightly waste in residential
areas, leaving deep holes and pits and large areas of land unusable
and dangerous to health and safety to persons and property in the
Township. It is deemed necessary and proper by the Township Committee
to regulate and correct such conditions to promote the health, safety
and general welfare of the Township and its inhabitants.
In their interpretation and application, the provisions of this
chapter shall be held to be for the promotion of the public health,
morals and general welfare; for the elimination of dust and noise;
and for the elimination of danger from deep pits in the close proximity
to highways; for the conservation of the soil and for the betterment
of the community. The provisions and requirements of this chapter
shall be held paramount to any corresponding or similar provision
of any existing law, ordinance, rule or regulation.
As used in this chapter, the following terms shall have the
meanings indicated:
The sale or commercial use of sand or other product which
is excavated as distinguished from personal use of the product by
the owner of the ground at the place where the same is excavated.
Includes digging or mining and applies to all topsoil, sand,
gravel, solid or mineral products of the soil.
All state, county, city or local roads, but has no reference
to private roads or private rights-of-way.
A.
Permit required. No excavating, digging or mining of topsoil, sand
or gravel may be done for commercial purposes in the Township without
first obtaining a permit therefor from the Township Committee in the
manner as hereinafter set forth.
B.
Applications. Applications for permits for excavating, digging or
mining of topsoil, sand or gravel in the Township shall be made to
the Township Clerk and no permit shall be issued by the Township Committee
unless the following data and requirements have been complied with:
(1)
A set of plans, specifications and plot plans shall be filed in quadruplicate
with the Township Clerk showing overall dimensions, current topographic
conditions as reflected in U.S. and state surveys, the location and
intended use of existing and proposed buildings, the relationship
of the proposed use to streets and adjacent properties and other physical
features which may affect the general welfare. Such plans also shall
be submitted indicating proposed rehabilitation of the area after
the permitted use is terminated. The applicant shall submit a statement
indicating the environmental impact of the intended use in the particular
area.
(2)
A fee of $200 shall accompany the application for the purpose of
paying the costs of making investigation and of administering this
chapter.
C.
Annual license fee. The annual license fee for excavating, digging
or mining of topsoil, sand or gravel in the Township for commercial
purposes shall be $250, which fee shall be due annually on June 1.
D.
Regulations.
(1)
The minimum lot area for any such use shall be 25 acres; all buildings
and sand and gravel operations shall be located or shall occur not
less than 150 feet from the street line nor less than 100 feet from
the side or rear property lines; the Township Committee may require
fencing or some similarly effective barrier six feet in height where
excavations are to exceed a depth of four feet.
(2)
All buildings, structures and equipment used in such operations shall
be dismantled and removed within a period of 18 months after the termination
of operations and shall be made by and at the expense of the operator
last operating the buildings, structures or plants or equipment.
(3)
All buildings, structures and plants and equipment used for the processing
of excavated materials shall be maintained so as to assure that such
buildings, structures and plants shall not become dangerously dilapidated.
(4)
All equipment used for the excavation of sand and gravel and processing
thereof shall be constructed, maintained and operated in such a manner
as to eliminate, as far as is practicable, noises and vibrations and
dust conditions.
(5)
All land which has been excavated shall be rehabilitated in accordance
with the standards set forth below, after the termination of operations
for a period of one year at the expense of the operator last operating
the buildings, structures and plants, and the Township Committee may
require the posting of surety to guarantee the same.
(6)
All excavations shall be either made to a water-producing department
or graded and backfilled.
(7)
Excavations made to a water-producing department shall be properly
sloped to the waterline with banks sodded or surfaced with soil of
an equal quality to adjacent land area topsoil; such topsoil required
under this section shall be planted with trees, shrubs, legumes or
grasses upon the parts of such areas where revegetation is possible.
(8)
Excavations not made to a water-producing department shall be graded
or backfilled with non-noxious, nonflammable, noncombustible solid
material and in a topographic character which will result in a substantial
general conformity to adjacent lands; such grading or backfilling
shall be designed to minimize erosions and shall be surfaced with
a soil equal in quality to that of adjacent land area and planted
with trees, shrubs, legumes or grasses upon the parts of such areas
where revegetation is possible.
E.
Existing sand and gravel pits. All existing sand and gravel pits
shall be operated as provided under this chapter and in the event
there are any deviations now existing and not in accordance with this
chapter, then such deviations shall not be enlarged upon.
F.
Application for permits for topsoil, sand and gravel pits now existing.
All applications for permits for topsoil, sand and gravel pits now
existing shall be made as herein provided and not later than January
1, 1976, following the adoption of this chapter.
This chapter shall be administrated and enforced by the Township
Committee or any other designated public official who shall in no
case grant any permit unless this chapter shall have been fully complied
with.
Any person, firm, association or corporation violating any section of this chapter shall upon conviction before the municipal judge or other officer having jurisdiction, be subject to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty. Any repetition of any violation of this chapter shall be deemed a new offense.
