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.
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.