[HISTORY: Adopted by the Township Committee of the Township
of Liberty 4-4-1994 by Ord. No. 6-94. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures and fees — See Ch. 72.
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.
(b)
Surface water drainage.
(c)
Soil fertility.
(d)
Lateral support of abutting streets and lands.
(e)
Public health and safety.
(f)
Land values and uses.
(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.
(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.
A.
The owner or person in charge shall so conduct the operation that
there shall be no sharp declivities, pits or depressions and in such
manner that the area shall be properly leveled off, cleared of debris,
including boulders, and graded to conform to the contour lines and
grades as required and shown on the approved plan.
B.
Arable soil within eight inches of the surface shall not be removed
from the premises, but promptly on completion of operations, or as
otherwise directed by the Planning Board, the arable soil so retained
shall be respread on the surface as uniformly as possible and seeded
with winter rye or other suitable planting. If the soil within eight
inches of the top is not arable soil, not less than four inches of
arable soil must be spread thereon promptly when the operation is
completed in each such area. Provisions must be made for adequate
drainage after the topsoil is replaced. In addition to the above,
a landscaping plan showing the means by which the site shall be revegetated
shall be prepared and submitted for approval.
C.
Soil removed shall not be deposited or in any way thrown or placed
upon adjoining property or public roads. Any soil or material resulting
from any such operation accumulating on any adjoining property or
public road shall be removed therefrom immediately upon notice by
the Construction Official or other designated official to the owner
of such accumulation.
D.
All operations shall be conducted in strict accordance with any state
law or other ordinances of the township and the terms and conditions
of any approval granted for such operations. No operation shall be
permitted within 100 feet of any stream or wetland unless it can be
shown that soil removal would not alter the quantity or quality of
the water nor adversely affect the rate of water flow and that the
final finished grade requires soil removal within said 100 feet distance.
E.
The operation shall be so conducted as not to constitute a nuisance
to adjoining owners or the township, and in no event shall said operation
create any extra hazardous or unsafe conditions with regard to any
person or persons.
F.
Upon completion of an operation or of excavation from an area delineated
on the approved plan, said area shall be properly leveled off, cleared
of debris and graded to conform to the contours and grades as approved
by the Planning Board and trees and other vegetation planted in accordance
with the plan approved by the Planning Board. All roads which may
have been damaged shall be returned to their original condition.
G.
Soil shall not be removed except in accordance with the approved
plan, which plan may, upon application, be amended from time to time
by the Planning Board.
H.
No soil shall be removed which is within 15 feet of the water table,
and no soil shall be removed which is below the grade established
and shown on the approved map.
I.
While working an area, the working face of the excavation shall not
exceed 60° from the horizontal, nor shall a face have a vertical
height exceeding 30 feet. Any face not currently being worked on shall
not exceed 30° from the horizontal. Where an excavated area adjoins
a public road or road which has been dedicated to the public, no excavation
shall be made below the level of the road for a distance of 100 feet
from the right-of-way of said road except in such instances where,
on the low side of the road, the removal of material would not substantially
alter the general terrain characteristics. No finished grade shall
exceed 10% or be less than 2%. Care should be taken that there shall
be no diversion of surface water either during the operation or after
the project is complete.
J.
No trash, garbage, junk or debris may be stored on the subject property
and no safety hazards will be permitted, either during or after completion
of the operation. All burning of combustible debris resulting from
said soil operation shall be subject to the regulations set by the
Liberty Township Fire Department, or any regulation of a higher authority
in effect, and be undertaken so as not to create a smoke, nuisance
or air pollution hazard.
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.
Upon approval of the application, the applicant shall file and maintain
a bond in form and with surety approved by the Township Attorney in
such amount as in the opinion of the Township Engineer shall be sufficient
to insure the faithful performance of the work to be undertaken pursuant
to the conditions of the approval and the terms thereof. The bond
shall be in an amount of not less than $6,000 per acre of land which
is actually being worked in accordance with the approved plan. Said
bond shall cover the respreading of topsoil as required by the provisions
of this chapter and also final provisions for drainage and revegetation
of the site and grading to final contour. This bond may be increased
from time to time where, in the opinion of the Township Engineer,
conditions and price increases warrant such increases.
B.
The amount of any performance bond or guaranty may be reduced when
portions of the improvements or works have been completed, upon recommendation
of the Township Engineer.
C.
When all required performance has been completed, the obligor shall
notify the Township Committee or its designee in writing by certified
or registered mail of the completion thereof and shall send a copy
thereof to the Township Engineer. The Township Committee or its designee
shall authorize the Township Engineer to inspect the site to determine
that all requirements of the approved plan have been carried out.
The Township Engineer shall thereupon file a report in writing with
the Township Committee which shall be detailed and shall recommend
approval, partial approval or rejection. If the work covered by the
bond or performance guaranty or any portion thereof shall not be approved
or shall be rejected by the Township Engineer, said report shall contain
a statement of reasons for such nonapproval or rejection. Where said
rejection indicates partial approval of said improvements of works,
it shall indicate the costs of the work for which approval is denied.
The Township Committee shall accept or reject the work, grant partial
approval or withhold approval on the basis of such report and shall
notify the obligor in writing by certified or registered mail of the
contents of said report and the action of the Township Committee with
relation thereto not later than 90 days after receipt
of notice from the obligor of the completion of the work. Where partial
approval is granted, the obligor shall be released from all liability
pursuant to his performance guaranty bond except for that portion
sufficient to secure the work not yet approved.
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.
