[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of Greenwich 6-20-1966. 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 Council.
The Township Council of the Township of Greenwich
shall not consider any application for the 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 Township Clerk an application
requesting such permission, together with a map of the premises showing
the contour lines and proposed contour lines and proposed contour
grades resulting from such intended removal of soil or earth in relation
to the topography of the premises; and said proposed contour lines
and proposed grades shall be subject to the inspection and approval
of the Township Council of the Township of Greenwich. No such permission
for soil or earth removal shall be issued until such map has been
approved by the Township Council of the Township of Greenwich.
A.
Upon written request for a hearing made by the applicant
to the Township Council, an opportunity to be heard shall be granted
within 30 days thereafter; and the Township Council, 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 § 573-2 of this chapter and after the hearing, in the event a hearing is requested by the applicant, the Township Council is 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, fertility problems or depressed land values, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall 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 also
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 Council of the Township of Greenwich.
Before any permit or permission for soil or
earth removal shall be granted or issued, the owner or applicant shall
file with the Township Council a bond, in form and with surety acceptable
to the Township of Greenwich, in such amount which, in the opinion
of the Township Council of the Township of Greenwich, shall be sufficient
to ensure the faithful performance of the work to be undertaken pursuant
to the permission granted by the Township Council 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 10-4-1976]
Any person, firm, or corporation violating any
of the provisions of this chapter shall be subject to a fine not exceeding
$500 or imprisonment in the County jail for a term not exceeding 90
days, or both, in the discretion of the Municipal Court 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.
