[HISTORY: Derived from Sec. 14-2 of the 2003 Revised General
Ordinances of the Township of Willingboro. Amendments noted where
applicable.]
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.
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:
A.
Soil erosion by water and wind.
B.
Drainage.
C.
Soil fertility.
D.
Lateral support slopes and grades of abutting streets and lands.
E.
Land values and uses.
F.
Any other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township of Willingboro.
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.
