No person may excavate or otherwise remove any
natural mineral deposit or soil for sale or for use other than on
the premises from which the same shall be taken, except in connection
with the construction or alteration of a building on such premises,
and then the soil or natural mineral may only be removed from the
area wherein the building is contained. No other soil or natural mineral
deposit may be removed from the premises from which the same is taken
until approval has been given and a soil removal permit has been issued
by the Township.
The applicant shall submit with his or her application
an application fee based upon the following schedule:
A. One hundred fifty dollars for the first 10,000 cubic
yards of soil to be removed, or part thereof.
B. Seventy-five dollars for each additional 10,000 cubic
yards or part thereof.
In the event that the permit is granted, engineering
fees shall be paid pursuant to the following schedule to ensure an
orderly soil removal operation in full compliance with the provisions
of this chapter. These fees shall be paid to the Township in monthly
installments based upon the actual volume of soil removal in each
month, multiplied by the amount stated and paid on or before the fifth
day of the month in which the soil is removed. Inspection shall be
made by the Township Engineer, and the fees for the inspection shall
be calculated as follows:
A. Five cents per cubic yard for the first 5,000 cubic
yards.
B. Three cents per cubic yard for all excavation over
5,000 cubic yards.
The applicant shall section the area to be excavated
in such a fashion that no area shall contain more than five acres.
The work shall be scheduled so that the work is completed in one section
and that section is at final grade, topsoil and seeded before work
is commenced in any other section of the premises.
All topsoil shall be stored within the boundary
lines of the property. When topsoil is replaced, final grades of the
replaced soil shall conform to the proposed final grades of the topographical
map submitted with the application. The replacement of topsoil in
a finished condition shall not be less than six inches of compacted
topsoil, uniformly replaced over the entire surface, graded and seeded
with perennial rye grass not later than June 15 or September 15, whichever
date is sooner. The applicant need not replace topsoil in areas that
will be covered by subsequent building structures or a street, provided
that building permits have been issued for the structures.
In the event that soil or material is transported
over the public streets, it shall be within the authority of the Township
Engineer to direct that the operator daily sweep, pick up and remove
or cause to be removed all dust, dirt and mud from such streets and
apply, if necessary, dust preventive materials where required by the
Township Engineer.
No permit shall be issued for a term longer
than one year. In the event that any of the terms of this chapter
are violated, a permit may be revoked by the Township Committee. In
the event that a permit is revoked, it shall not be reinstated unless
the applicant makes a new application and complies with all of the
requirements of the chapter.
[Added 3-19-1985 by Ord. No. 614-85]
A. Any violation of the provisions of this chapter shall, upon conviction, be punishable by the maximum penalties set forth in Chapter
1, General Provisions, Article
III. For purposes of enforcement, each separate day that a violation of this chapter continues shall be considered a separate offense.
[Amended 9-21-1993 by Ord. No. 923-93]
B. The provisions of this chapter shall be enforced by
the Hazlet Township Police Department and/or the Construction Code
Official of the Township of Hazlet.