[HISTORY: Adopted by the Township Committee (now Township
Council) of the Township of Eastampton 9-26-1960 (Ch. 83 of the 1974 Township Code).
Amendments noted where applicable.]
The terms used in this chapter shall be deemed and construed
to have the following meanings:
Any individual, firm, association, partnership or corporation,
or any group of two or more of them, or anyone acting in behalf of
said person.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence of organic matter therein.
No person shall excavate or otherwise remove soil for sale or
for use other than on the premises from which the soil shall be taken,
except in connection with the construction or alteration of a building
on such premises, and excavating or grading incidental thereto, without
first having procured permission therefor from the Township Council
of the Township of Eastampton. No excavation shall be made for an
irrigation pit without permission therefor from the Township Council.
The Township Council shall not consider any application for
the removal of soil from the premises for sale or otherwise unless
and until the owner of the premises or other person shall first file
with the Township Clerk an application requesting such permission,
together with two copies of a map of the premises showing the contour
lines and proposed contour grades resulting from such intended removal
of soil in relation to the topography of the premises. Said proposed
contour lines and proposed grades shall be subject to the inspection
and approval of the Township Council. No such permission for soil
removal shall be issued until such maps have been filed and until
the proposed contour lines and grades have been approved by the said
Township Council.
A.
Upon written request for a hearing made by the applicant and filed
with the Township Clerk, an opportunity to be heard shall be granted
within 30 days after said filing, and the Township Council in considering
and reviewing the application and in arriving at its decision shall
be guided and take into consideration the public health, safety and
general welfare, and particular consideration shall be given to the
following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting streets and lands.
(5)
Land values and uses.
(6)
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township of Eastampton.
B.
If after examining the application and the map provided for in § 436-2 of this chapter, and after the hearing in the event a hearing is requested by the applicant, the Township Council shall be 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 or fertility problems, depressed land values, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted. Said permission shall be shown by the endorsement of the Mayor, or other person designated by the Township Council, and the Township Clerk on a copy of the contour map which shall be returned to the applicant after final approval.
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 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.
Before permission shall be granted, the applicant shall file
with the Township Council of the Township of Eastampton a bond in
such form, with satisfactory surety and in such amount as in the opinion
of the Township Council shall be sufficient to ensure the full and
faithful performance of the work to be undertaken, pursuant to the
permission granted by the Township Council pursuant to the provisions
of this chapter, and which may be found necessary by said Township
Council. In addition, the bond shall be conditioned upon the repair,
at the expense of the owner or applicant, of any street or streets,
road or roads damaged by the transportation of soil in connection
with the application, if, in the judgment of said Township Council,
such repairs are deemed to be necessary.
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 removed except in conformity with the provisions
of this chapter.
[Amended 5-28-1974 by Ord. No. 1974-5]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $500 or by imprisonment for a term not to exceed
90 days, or by both such fine and imprisonment, in the discretion
of the judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
