[HISTORY: Adopted by the Township Committee of the Township of Edgewater Park as Title 8, Ch. 8.60, of the 1998 Township Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Edgewater Park Soil Removal Ordinance."
The words defined in this section shall mean and include the following when used in this chapter:
COMMITTEE
The Township Committee of the Township of Edgewater Park.
PERMIT
A soil removal permit issued under the terms of this chapter.
PERSON
Includes an individual, a partnership, a corporation or any other legal entity.
SOIL
Includes dirt, stone, gravel, sand, humus, clay, loam, rock, and mixtures of any of these.
TOPSOIL
The arable soil within six inches of the surface.
TOWNSHIP
The Township of Edgewater Park.
No person shall excavate for the removal of soil 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 construction or alteration of a building on such premises, for which a building permit has been issued, and excavation or grading incidental thereto, without first having obtained a permit therefor approved by the Committee.
Before the issuance of a permit, the applicant shall make application therefor on a form available from the Township Clerk, and the data in said application or accompanying documents shall show the following:
A. 
The name and address of the owner or owners of the tract involved and the name and address of the applicant, if a different person is involved. The signed consent of the owner shall be required if the applicant is not the owner;
B. 
A map of the premises for which the permit is sought showing the existing topographical contour lines of the land involved and abutting lands and roads, the proposed topographical contour grades which will result from the intended soil removal, and the location of any streams or other bodies of water near the premises;
C. 
The tax block and lot number of the property involved;
D. 
A description of any processing of the soil which will be done on the premises, including description of equipment and plans of such processing equipment and facilities;
E. 
The name and address of the person who will do the work of removing the soil;
F. 
The number of cubic yards to be removed pursuant to the permit;
G. 
Routes to and from the proposed site to be used in transporting soil removed;
H. 
Period for which the permit is sought.
[Amended 2-7-2012 by Ord. No. 2012-1]
Each such application shall be accompanied by the deposit of a fee as established in Chapter 240, Fees, which shall be used to cover the cost of examining the application, hearings or other processing thereof. No fee shall be required where the proposed removal application shall be for less than 500 cubic yards. In the event an application is denied, the fee deposited shall be returned after deducting actual engineering or legal fees incurred by the Township in the course of processing the application. In the event the application is granted, the applicant shall pay the reasonable cost of engineering or legal services incurred by the Township which exceed the original deposit.
The application and fee shall be filed with the Township Clerk and the application shall promptly be referred to the Township Engineer for investigation, report and recommendations. The Engineer shall make a report concerning the application to the Committee, indicating specifically whether the proposed operation will result in any sharp declivities, pits or depressions, soil erosion or fertility problems, drainage or sewerage problems, or other dangerous conditions and recommending reasonable conditions regarding the permit to be issued, including the following:
A. 
Areas shown on map, if any, where excavation should not be permitted because of adverse effects on abutting property or roads;
B. 
Changes, if any, in permitted contours and slopes to be accomplished by proposed removal;
C. 
Maximum area from which topsoil may be stripped before replacement thereof to permit soil removal, with consideration being given to the number of yards to be removed and the duration of the requested permit;
D. 
Amount of bond to be required to insure the operation of the soil removal and replacement of topsoil in accordance herewith;
E. 
Capacity of public roads to be used for ingress and egress to withstand damage from proposed operation;
F. 
Any other recommended considerations or conditions to protect the public welfare or adjoining properties or roads.
A. 
After receiving said report, the Committee shall fix a time and place for a public hearing thereon, not less than two weeks nor more than 30 days from the date of the report. The applicant shall publish a notice of the time and place of such hearing in the official newspaper of the municipality, at least one week prior thereto, specifying that he is applying for a permit, the general location and size or acreage of the property involved, and the names and addresses of the owner and applicant. The applicant shall notify the owners of property within 500 feet of the outside boundaries of the property to be licensed, personally or by certified mail. Notices may be mailed to the addresses shown on the tax records. After the hearing, the Committee shall grant or deny the permit after giving consideration to the engineering report (which shall be incorporated in the record thereof by reference), the evidence adduced at the hearing, and the effect of such permit on the public health, safety and general welfare and particularly, but not in limitation thereof, the following factors:
(1) 
Soil erosion by water and wind;
(2) 
Drainage or sewerage problems;
(3) 
Soil fertility;
(4) 
Lateral support slopes and grades of abutting roads 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.
B. 
If the Committee finds that the permit, if granted, will not have an adverse effect on the above considerations, the permit shall be issued. Permits may be issued with reasonable conditions designed to meet the engineering recommendations made under § 432-6.
Before any work is done for which a permit is required and during the period covered by a permit, the applicant shall file and maintain a bond in form and with surety acceptable to the Committee in such amount as in the opinion of the Committee shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the conditions of the permit and the terms of this chapter.
No soil shall be removed nor shall any operation be conducted so as to violate any of the following conditions after a permit is granted:
A. 
Topsoil shall not be removed from the licensed owner's premises, but on completion of operations in each area defined in the permit as determined pursuant to § 432-6C, the topsoil so retained shall be respread on the surface. If no such area be defined, the topsoil shall be respread when the entire operation is completed.
B. 
Soil removed shall not be deposited or in any way thrown or placed upon adjoining property or public roads.
C. 
All operations shall be conducted in strict accordance with any state law, other ordinances of the Township, and the terms the application as modified by the permit as granted.
D. 
The operation shall be so conducted as not to constitute a nuisance to adjoining owners, and in no event shall any sharp declivities, pits or depressions be created.
E. 
Upon completion of an operation or of excavation from an area delimited under § 432-6C, the area shall be properly leveled off, cleared of debris, and graded to conform to the contours and grades as approved by the Committee.
F. 
No slope along the perimeter of any excavated area shall exceed 30° from the horizontal.
G. 
Hours of operation shall be limited to the following: 7:00 a.m. to 5:00 p.m., Monday to Friday, both inclusive. There shall be no operations of any kind of character on Saturday, Sunday or legal holidays.
H. 
Notwithstanding any provisions of this chapter, an owner of a water hole, drainage area, or water collection area shall be permitted to maintain such existing facility, if it existed at the time of the enactment of the ordinance codified in this chapter, without the necessity of applying for a permit or paying the prescribed fee therefor. This exception, however, is to apply only in the case of an owner maintaining an existing facility and is not to be construed as allowing the enlargement of an existing facility.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Each such operation shall be inspected by the Township Engineer at least once in each calendar year and a written report made of such inspection. The permittee shall pay the cost of such inspection as provided in Chapter 240, Fees, and the reasonable cost of reinspections required because of violations found in the course of regular inspections.
After reasonable notice and an opportunity to be heard before the Committee, the permit of any person may be revoked or suspended for such period as the Committee may determine for any violation of the terms hereof or the terms and conditions of any permit granted hereunder.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
In addition to action on the bond required or the revocation provided for herein, any person violating any of the provisions of this chapter or part thereof shall, upon conviction, be subject to the penalty in Chapter 1, Article II, General Penalty, of the Code of the Township of Edgewater Park. Each day that a violation continues shall be considered a separate and distinct violation hereof.