Except in connection with excavation or grading incidental to
construction or alteration of a building or improvements on premises
for which a building permit has been issued, no person shall excavate
for removal of soil or otherwise remove soil for sale or for use other
than on the premises from which the soil shall be taken unless a site
plan has been approved by the Planning Board in accordance with the
following requirements.
A. Application requirements.
(1) An application to the Planning Board shall be accompanied by a map
or maps showing existing contour lines at two-foot intervals, an aerial
photograph of the site, proposed contour lines at two-foot intervals
after removal of the soil, and existing structures on the subject
premises and within 200 feet of the property, the location of topsoil
storage areas, methods of controlling silting of downstream properties
and the elevation of the water table if it is within 15 feet of the
proposed final contour, or certification that the water table is not
within 15 feet of the proposed final contour. The determination of
the water table shall be certified by a professional engineer, which
certification shall show the procedure used and the date such tests
were made. The maps shall also show all existing trees six inches
or more in diameter measured 4 1/2 feet from ground level, and
the plan for replacing the same number of such trees with trees having
a diameter of 2 1/2 inches measured 4 1/2 feet from the
top of root level.
(2) The application shall also indicate the total number of cubic yards
to be removed and the length of time within which the proposed operation
shall be completed.
B. Review by Planning Board.
(1) In considering and reviewing the application and arriving at its
decision, the Planning Board shall be guided by and take into consideration
the public health, safety and general welfare and the general purposes
of municipal planning, and particular consideration shall be given
to the following factors:
(a)
Soil erosion by water and wind.
(d)
Lateral support of abutting streets and lands.
(e)
Public health and safety.
(g)
Contours, both existing and proposed.
(h)
Existing contours and topographic character of the land prior
to the removal of any soil, and the proposed contours which will result
following the removal of soil in accordance with the soil removal
application.
(i)
Whether the proposed removal of soil is necessary and incidental
to the development of the property for its intended use or whether
the proposed removal constitutes primarily an industrial activity.
(j)
The effect of tree removal.
(k)
Effects on water resources such as streams and wetlands.
(l)
The intent and purpose of the zone plan and Zoning Ordinance and the effects upon the neighborhood.
(2) In the event that, after considering and reviewing the application,
the Board finds that the proposal would result in the creation of
a lake, pond, hole, pit or similar type of depression, and further
in the event that the nature of the operation would be a wet mining
operation, then, and in that event, in addition to the above-referenced
factors, these factors alone may be sufficient basis for the denial
of the application.
Each operator shall annually furnish a progress report to the
Township Engineer, the first of which shall be furnished nine months
after approval of the application. Said report shall consist of a
sketch map at a scale of one inch to 100 feet showing contours at
two-foot intervals, retained arable soil, equipment, the areas where
soil was removed and the location of water supply and disposal facilities,
and it shall be prepared and certified to by a licensed professional
engineer.
Hours of operation shall be limited to the following: 7:00 a.m.
to 6:00 p.m., Mondays through Saturdays, except in emergencies when
authorized by the township.
In order to minimize the possibilities of mud slides or drainage
of silt, the area of operations for excavation shall not exceed a
total of five acres at any one time without a replacement of topsoil
and reseeding of the premises unless otherwise permitted by the township
for good cause shown.
Upon the completion of work in any specific area, all respreading
of arable soil and reseeding as required by this chapter shall be
completed within 60 days thereafter; except if the completion of work
occurs in the winter months when it would not be feasible to respread
topsoil and reseed the same, such work shall be completed within such
additional time as shall be specified by the township.
Any of the conditions or regulations specified herein may be
modified or waived by the Planning Board under the following conditions:
A. Where the applicant can show undue hardship by reason of topography,
grade or other special conditions.
B. Where clear evidence is presented that imposition of such conditions
would be detrimental to the public interest.
C. Where it is shown that the intended purpose of the township in establishing
such requirements may be achieved through other means.
D. Where it can be demonstrated that the financial costs to the applicant
or owner in order to meet such requirements would impose an undue
burden or hardship in relation to the information value of the data
to the Board. This waiver may be considered, provided that the volume
of material to be removed from the site is equal to or less than 75
cubic yards in any two-year period.
[Amended 9-8-1997 by Ord. No. 97-10]
Upon application to the Planning Board or the Board of Adjustment pursuant to the provisions of this chapter, the applicant shall pay a fee to cover the costs of application as well as a review fee to cover costs of the initial review of the proposed soil removal operation, as stipulated in Chapter
72, Land Use Procedures and Fees, for a major site plan. Upon approval of any application, the applicant shall pay an annual permit fee as follows:
A. Up to and including 500 cubic yards: $150.
B. Above 500 cubic yards: $150, plus a sum computed at a rate of $0.10
per cubic yard multiplied by the number of cubic yards to be removed.
After reasonable notice and an opportunity to be heard before
the Township Committee, an application may be revoked or suspended
for such period as the Board may determine for any violation of the
terms hereof or the terms and conditions of any plan approved hereunder.
In addition to an action on the bond or guaranty, or the revocation
of approval provided for herein, any person who violates this chapter
or any director or officer who permits or participates in a violation
of this chapter or the conditions of the approval shall, upon conviction
thereof, be subject to a fine not exceeding $500 or imprisonment not
exceeding 90 days, or both, in the discretion of the Judge before
whom such conviction is had. Each day that a violation continues shall
be considered a separate and distinct violation hereof.