For the purpose of this chapter, the following terms shall have the meanings indicated:
Any earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence therein of organic matter.
[HISTORY: Derived from Sec. 14-2 of the 2003 Revised General Ordinances of the Township of Willingboro. Amendments noted where applicable.]
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 the premises and excavating or grading incidental thereto, without first having procured permission therefor from the Township Council of the Township of Willingboro. No excavation shall be made for an irrigation pit without permission from the Township Council. No excavation shall be made and no soil removed except in conformity with the provisions of this chapter and the ordinances of the Township of Willingboro.
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 the permission, together with two copies of a map of the premises showing the contour lines and proposed contour grades resulting from the intended removal of soil in relation to the topography of the premises. The proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Council. No permission for soil removal shall be issued until the maps have been filed and until the proposed contour lines and grades have been approved by the Township Council.
Upon written request for a hearing made by the applicant filed with the Township Clerk, an opportunity to be heard shall be granted within 30 days after the filing, and the Township Council in considering and reviewing the application and in arriving at its decision shall be guided by and shall take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
Before permission shall be granted, the applicant shall file with the Township Council of the Township of Willingboro a bond in the form with satisfactory surety and in the 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 provisions of this chapter, and which may be found necessary by the Township Council. In addition, the bond shall be conditioned upon the repair, at the expense of the owner or applicant, of any street, streets or road or roads damaged by the transportation of soil in connection with the application, if, in the judgment of the Township Council, the repairs are deemed to be necessary.
If, after examining the application and the map provided for in § 308-3 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, sewerage problems or other conditions of danger, permission to remove the soil shall be granted. The 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 is granted, the owner or person in charge shall conduct the operations so that there shall be no sharp declivities, pits or depressions and in 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.