[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 12-4-1980 (Ch. 110 of the 1981 Code). Amendments noted where applicable.]
The Township Council of the Township finds and determines that
the unregulated and uncontrolled relocation, filling, excavation and
removal of soil on a large scale or for sale or for use other than
on the premises has or may result in conditions detrimental to the
public safety, health and general welfare, substantially hampering
and deferring the efforts of the Township to effectuate the general
purpose of municipal planning.
As used in this chapter, the following terms shall have the
meanings indicated:
A plan for soil removal approved either by the Land Use Board
as a conditional use and by the Township Council pursuant to the provisions
of this chapter or, in the case of a nonconforming use, by the Land
Use Board and Township Council pursuant to the provisions of this
chapter.[1]
Soil that, when dry, contains not less than 4% by weight
of organic matter and the balance of which is mineral matter.
A soil removal permit.
Includes dirt, stone, gravel, sand, humus, clay, loam and
mixtures of any of these, but this shall not include rock or refer
to the quarrying of rock.
The arable soil within eight inches of the surface.
No person shall excavate for the removal of soil or otherwise remove soil in contravention of this chapter or for sale or for use other than on the premises from which the soil shall be taken, except in connection with excavation or grading incidental to construction or alteration of a building on such premises for which a building permit has been issued, except in accordance with an approved plan for which a permit has been first obtained. No application for a permit shall be made pursuant to this chapter until a conditional use permit has been obtained from the Land Use Board except as otherwise provided in § 253-4.
In the case of soil removal operations presently in existence
as nonconforming uses, the owner or operator shall, within 60 days
of the enactment of this chapter, file an application for a permit
under this chapter with the Land Use Board. The Land Use Board shall
consider the application and make its recommendations to the Township
Council within 65 days from the date of the filing of the application.
A.
An application to the Land Use Board for a conditional use permit pursuant to § 253-3 shall be accompanied by:[1]
(1)
A map showing existing contour lines at two-foot intervals.
(2)
An aerial survey may be waived if in the opinion of the Township
Engineer such a survey is not practical.
(3)
Proposed contour lines at two-foot intervals after removal of the
soil.
(4)
All existing structures on the subject premises and within 200 feet
thereof.
(5)
All existing roads and drainage within 200 feet of the property.
(6)
Location of topsoil storage areas.
(7)
Methods of controlling silting of downstream properties.
(8)
The elevation of the water table if it is within eight feet of the
proposed final contour or certification that the water table is not
within eight feet of the proposed final contour. The determination
of the water table is to be by an approved method and shall be certified
by a professional engineer, which certification shall also show the
date the tests were made.
B.
The maps shall also show all existing trees 2 1/2 inches in
diameter measured 4 1/2 feet from ground level and the plan for
replacing the same number of trees with trees having a diameter of
2 1/2 inches measured 4 1/2 feet from the top of root level.
C.
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, which shall normally not be for longer than five
years. Where a total project is not capable of being completed within
five years, it shall be broken down into two sections, one of which
shall be completed within five years and the other within such further
period not exceeding five years as the Land Use Board may recommend
or specify and the Township Council approve. The Land Use Board shall
have discretion to create phases of operation for periods less than
five years, and no new phase shall commence after December 21 of any
year until all previous excavations are graded and topsoiled according
to the filed plans.[2]
A.
In considering and reviewing the application and arriving at their
decision, the Land Use Board and Township Council 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:[1]
(1)
Soil erosion by water and wind.
(2)
Surface water drainage.
(3)
Soil fertility.
(4)
Lateral support of abutting streets and lands.
(5)
Public health and safety.
(6)
Land values and uses.
(7)
Contours, both existing and proposed.
(8)
Existing contours and topographic character of the land prior to
the removal of any soil and the proposed contours which will result
subsequent to the removal of soil in accordance with the soil removal
application.
(9)
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 a commercial activity.
(10)
Effects of tree removal.
(11)
Effects on water resources such as streams and wetlands.
B.
In the event that after considering and reviewing the application
the resultant effect would be a creation of a lake, pond, hole, pit
or similar type of depression, and, further, in the event that the
nature of the application would be a wet-mining operation, then and
in that event, in addition to the above-referred-to factors, these
factors alone may be a sufficient basis for the denial of the permit.
A permit shall be issued after approval of the application by the Township Council. It shall show terms of the permit based upon the applicant's estimate of the time necessary to complete the proposed operation as provided for in § 253-5C.
If a permit is issued for the removal of earth and soil as provided
herein, the owner or person in charge shall so conduct the operations
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 and graded to conform to the contour lines and grades as
required and shown on the approved plan. No soil shall be removed
nor shall any operation be conducted so as to violate any of the regulations
contained in this chapter after a permit is granted.
Arable soil within four inches of the surface shall not be removed
from the licensed owner's premises, but promptly on completion
of operations or as otherwise directed by the Township Council, 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 four inches of the top is not arable soil, arable
soil must be spread thereon promptly when the operation is completed
in each area. Provisions must be made for adequate drainage after
the topsoil is replaced. No topsoil shall be removed from the Township.
The following regulations shall be observed:
A.
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 operation accumulating on any adjoining property or public
road shall be removed therefrom immediately upon notice by the Township
Engineer to the permittee of the accumulation.
B.
All operations shall be conducted in strict accordance with any state
law, other ordinances of the Township and the terms and conditions
of any permit granted for the operations. No operation shall be permitted
within 100 feet of any stream or wetland, as defined in the Zoning
Ordinance, 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 finishing grade requires soil removal
within the one-hundred-foot distance.[1]
C.
The operation shall be so conducted as not to constitute a nuisance
to adjoining owners or the Township, and in no event shall the operation
create any extra-hazardous or unsafe condition with regard to any
person or persons.
D.
Upon completion of an operation or of excavation from an area delineated
on the approved plan, the area shall be properly leveled off, cleared
of debris, graded to conform to the contours and grades as approved
by the Township Council and trees planted in accordance with the plan
approved by the Township Council. A final map shall be submitted containing
and complying with all requirements as set forth in this section.
F.
No soil shall be removed which is within eight feet of the water
table unless approved by the Township Council, and no soil shall be
removed which is below the grade established and shown on the approved
map.
G.
No trash, garbage, junk or debris may be stored in any licensed area,
and no safety hazards will be permitted, either during or after the
completion of operations. All burning of combustible debris resulting
from the soil operation shall be subject to the regulations set by
the Fire Department or any regulation of a higher authority in effect
and shall be undertaken so as not to create a smoke, nuisance or air
pollution safety hazard.
H.
Each permittee shall annually furnish a progress report to the Township
Engineer, the first of which shall be submitted nine months after
issuance of the permit, which shall consist of a sketch map, at a
scale of one inch to 100 feet, showing contours every two feet, retained
arable soil, equipment, the areas where soil was removed, the locations
of water supply and disposal facilities and drainage facilities and
prepared and certified by a licensed professional engineer.
I.
In order to minimize the possibility of mudslides 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
Council for good cause shown.
J.
Upon the completion of work in any specific area, all respreading of arable soil and reseeding as required by this section and § 253-9 of this chapter shall be completed within 60 days thereafter, except that if the completion of work in an area occurs during the winter months when it would not be practicable to respread topsoil and reseed same, the work shall be completed within the additional time as may be specified by the Township Council.
K.
The Township Council may modify or waive any of the above conditions
or regulations where the applicant can show undue hardship by reason
of topography, grade or other special conditions or when the modifications
would clearly be in the public interest. The Township Council shall,
in all cases, submit the proposed modifications to the Land Use Board
for report and recommendation thereon prior to taking final action.[3]
Hours of operation shall be limited to from 6:00 a.m. to 6:00
p.m. Mondays through Saturdays, except in emergencies when authorized
by the Township Council. There shall be no operation of any kind or
character on Sundays or legal holidays, except in emergencies when
authorized by the Township Council.
While working an area, the working face of the excavation shall
not exceed 60° from the horizontal, nor shall a sixty-degree angle
have a vertical height exceeding 30 feet, except that when soil conditions
permit a greater angle and/or height or require a lesser angle and/or
height from the horizontal, as determined by the Township Engineer,
such greater or lesser specifications may be required or permitted.
Any face not currently being worked on shall not exceed 30° from
the horizontal. Where an excavated area adjoins a public 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 back from the center
line of the road, except in instances where on the low side of the
road the removal of material would not substantially alter the general
terrain characteristics. Where an excavated area is within 50 feet
of any building, the finished grade thereof shall not exceed 10% or
be less than 2%. Care should be taken so that there shall be no diversion
of surface water either during the operation or after the project
is complete.
A.
Application and inspection fees. Upon application for a soil removal
permit pursuant to the provisions of this chapter, the applicant shall
pay a fee in the amount of $200 and an escrow fee of $1,000 to cover
the cost of the initial review of the proposed soil removal operation,
including the costs of legal, engineering or other expert advice.
Upon issuance of a permit, the applicant shall pay a fee of $450 to
cover the periodic field check by the Engineer during the first year
of operation.[1]
B.
Annually thereafter a permittee shall reimburse the Township for
the cost of all periodic inspection fees as well as for any extraordinary
costs or expenses necessitated as the result of unforeseen difficulties
or exigencies or necessitated by or resulting from any violation of
any provision of this chapter.
A.
Before any work is done for which a permit is required and during the period covered by the permit, the applicant shall file and maintain a bond in form and with surety approved by the Township Attorney in an 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 permit and the terms thereof. The bond shall be in an amount of not less than $3,000 per acre of land which is actually being worked in accordance with the approved plan. The bond shall cover the respreading of topsoil as required by the provisions of § 253-9 and also final provisions for drainage of the site and grading to final contour.
B.
The amount of any performance bond or guaranty may be reduced by
the Township Council by resolution when portions of the improvements
or works have been completed, upon recommendation of the Township
Engineer.
When all required performance has been completed, the obligor
shall notify the Township Council, in writing, by certified or registered
mail, of the completion thereof and shall send a copy thereof to the
Municipal Engineer. The Township Council shall authorize the Municipal
Engineer to inspect the site to determine that all requirements of
the approved plan have been complied with. The Municipal Engineer
shall thereupon file a report in writing with the Township Council
which shall be detailed and shall indicate either 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 Municipal Engineer, the report shall contain a statement
of reasons for such nonapproval or rejection. Where the rejection
indicates partial approval of the improvements or works, it shall
indicate the costs of the work for which approval is rejected. The
Township Council shall accept or reject the work, grant partial approval
or withhold approval on the basis of the report and shall notify the
obligor, in writing, by certified or registered mail, of the contents
of the report and the action of the Township Council 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 or bond except for the portion adequately sufficient to secure
the work not yet approved.
After reasonable notice and an opportunity to be heard before
the Township Council, the permit of any person may be revoked or suspended
for such period as the Township Council may determine for any violation
of the terms hereof or the terms and conditions of any approved plan
and permit granted hereunder.
