Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
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 excavation or grading incidental thereto, without first having procured a permit 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 shall first file with the Township Clerk an application requesting such a permit, together with 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. Such proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Council. No such permit for soil removal shall be issued until such map has been filed and until the proposed contour lines and grades have been approved by the Township Council.
A. 
Upon written request for a hearing made by the applicant to the Township Council, an opportunity to be heard shall be granted within 30 days thereafter.
B. 
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. 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.
If, after examining the application for a permit and the map required by 158-2, 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, a permit to remove the soil shall be granted.
Before any permit for soil removal shall be granted or issued, the owner or applicant shall file with the Township Council a bond, in form and with surety acceptable to the Township, in such amount as, in the opinion of the Township Council, shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permit granted by the Township Council pursuant to the provisions of this chapter.
No soil removal shall be permitted which will substantially alter the existing contour and topography of the land. The Township Council shall, at the time of the hearing provided for in 158-3, render a determination as to whether the application for soil removal which is the subject of such hearing constitutes a substantial alteration of existing contour and topography of the land. In making such determination, the Township Council shall be bound by the following standard: Any soil removal in excess of that necessary and incidental to the establishment of a permitted use as such is defined and delineated in the Zoning Ordinance of the Township[1] shall be determined to be a substantial alteration of the existing contour and topography. It is the intent of this section that, in determining the amount of soil which it is necessary to remove where such removal is incidental to the creation of a permitted use as aforesaid, the minimal amount which may be necessary to reasonably develop the land in a permitted use shall be the maximum of soil removed.
[1]
Note: See Ch. 189, Zoning.
If a permit to remove soil shall be granted pursuant to this chapter, the owner or person in charge shall conduct the operations so 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 to the contour lines and grades approved by the Township Council.
The owner of the premises or the person in charge of the removal of soil, when a permit has been duly granted, shall not take away the top layer of arable soil for a depth of six inches, but such top layer of arable soil to a depth of six inches shall be set aside for retention on the premises, and shall be respread over the premises when the rest of the soil has been removes, pursuant to levels and contour lines approved by the Township Council.
No excavation shall be made and no soil shall be removed from any premises except in conformity with the provisions of this chapter.