This ordinance shall be known as the "Township of Barnegat,
County of Ocean, Soil Removal, Excavation and Mining Ordinance."
A.
The unregulated and uncontrolled removal, relocation, filling and
excavation of soil by the owners of property within the township are
likely to result and have resulted in conditions detrimental to the
public health, safety and general welfare of the citizens of the township.
The unregulated and uncontrolled removal, relocation, filling and
excavation of soil in, on or from lands within the boundaries of the
township will create one (1) or more of the following conditions:
(1)
A serious erosion by wind and water.
(2)
Inadequate and improper or complete lack of surface water drainage.
(3)
A decrease in or destruction of the fertility of the soil.
(4)
The removal of lateral support of abutting streets, lands and premises.
(5)
The creation of excessive amounts of dust and the deposit of such
dust and siltation on adjoining property.
(6)
The deposit on the streets of the township of large quantities of
mud, dirt or dust.
(7)
The deterioration of adjoining property values.
(8)
The rendering of lands unfit or unsuitable for their most appropriate
uses.
(9)
Other conditions hampering and interfering with the coordinated and
harmonious physical development of the township.
B.
Such stripping and removal operations are denuding the areas involved
of all trees, underbrush, natural vegetation and topsoil and are creating
problems of erosion siltation, dust and drainage, all of which are
detrimental to adjoining lands, as well as to the health of the citizenry.
A.
Soil removal operations are for the most part largely of a commercial
nature and are not essential to the development of the property or
properties involved for a use which is permitted by the Zoning Ordinance[1] of the township and shall be subject to the provisions
of this ordinance.
B.
In the event that the applicant wishes to remove less than five thousand
(5,000) cubic yards of soil when peculiar topographic conditions exist
on a property, making it unusable for the purpose for which it is
zoned, the removal of soil, when properly regulated, may inure to
the benefit of the township in the reclamation of the property for
its zoned use and purpose. The above criterion is and shall be the
only basis for which a soil removal permit is not required. However,
if the applicant wishes to remove more than five thousand (5,000)
cubic yards of soil for the above stated purpose, this ordinance and
the requirements herein shall fully apply.
C.
Soil removal projects that involve major land disturbance shall be
planned and designed with soil erosion and sediment control in mind.
The subsequent reduction of soil, losses on soil removal sites and
the reduction of associated damages from sedimentation will result
in substantial savings to the community and to developer, as well
as providing for the enhancement of the environment. The contractor
who controls soil erosion in the process of soil removal will also
promote good will in the community.
D.
While erosion and sedimentation controls are important on all sites,
particular attention should be given to areas of steep topography
and highly erodible soils. The larger the disturbed area and the longer
it is left unstabilized, the more serious the problem becomes.
E.
Natural vegetation covers and protects most of our lands from erosion.
Its removal necessitates application of alternative protective measures.
Establishment of mechanical structures engineered to control water
runoff, the application of artificial protective cover or the rapid
reestablishment of vegetation are among the methods which are suitable
to control erosion and sedimentation.
