[1972 Code § 18-1]
The Council, in order to promote, develop and maintain a harmonious
balance between man and the natural processes and to effectuate the
general purpose of municipal planning, with an intent towards the
promotion of sensitive land development, the guiding of inevitable
land development and the opposition to unnecessary or detrimental
land development and the deterioration of property values, through
the consideration of aesthetics, good landscaping and sound engineering
practice, hereby finds and determines that the unregulated and uncontrolled
relocation, excavation and removal of soil on a large scale has or
will result in conditions detrimental to the public safety, health
and general welfare and to the development of the Township.
[1972 Code § 18-2; New]
For the purposes of this Article, the following terms shall
have the meanings indicated:
APPLICANT
Shall mean the person requesting a soil removal permit as
provided for in this Article.
DEVELOPER
Shall mean any person who, either directly or through an
agent or independent contractor, engages or intends to engage in land
subdivision or development or in the construction of two or more dwelling
houses or business or industrial buildings in any subdivision for
the purpose of sale to or occupancy by another person or persons.
DIRECTOR
Shall mean the Director of Community Development or his or
her designated representative.
EXCAVATOR
Shall mean any person engaged in the moving, removal or excavation
of soil from, in or upon any land in the Township.
LOT
Shall mean a parcel or plot of land occupied or designed
to be occupied by a building and its accessory buildings or by a dwelling
group and its accessory buildings, together with such open spaces
as are arranged and designed to be used in connection with such buildings.
MOVE
Shall mean to dig, excavate, remove, deposit, fill, grade,
replace, level or otherwise alter or change the location or contour
of land; to plow, spade, cultivate, harrow or disc the soil; or any
other operation usually and ordinarily associated with the tilling
of soil for agricultural or horticultural purposes.
OWNER
Shall mean any person seized in fee simple of any lot, subdivision
or premises or having any interest or estate therein which would permit
effective possession thereof or dominion therefor.
PREMISES
Shall mean one or more contiguous lots in single ownership.
REDISTRIBUTION
Shall mean any change or alteration in the grade of any land.
SOIL
Shall mean earth, sand, clay, loam, gravel, humus, rock or
dirt without regard to the presence or absence of organic matter.
SUBSOIL
Shall mean all soil except topsoil.
TOPSOIL
Shall mean soil that in its natural state constitutes the
top layer of earth and is composed of 2% or more by weight of organic
matter and has the ability to support vegetation and growth.
[1972 Code § 18-3]
No owner, developer, excavator or other person shall move or
cause, allow, permit or suffer to be moved any topsoil or subsoil
in the Township for use other than on the lot from which it shall
be taken, except as otherwise defined or provided for in this Article,
unless and until after application to the Director of Community Development
or his/her designated representative. The Director shall first determine
that the excavation and removal of the amount of soil applied for
is necessary and essential to the development of the lot from which
the soil is to be excavated or removed.
[1972 Code § 18-4]
Should the Director or his/her designated representative find
and determine that the removal of the amount and type of soil applied
for is necessary and essential to the development of the lot, then
the appropriate soil removal permit may be issued. If the lot is part
of a subdivision presently under construction, then a permit shall
be required only if the soil is to be removed from the subdivision.
[1972 Code § 18-5]
Applications shall contain the following information in a form
and to a degree to be determined by the Director:
a. Names and addresses of the applicant, the owner, the developer and
the excavator.
b. Lot and block numbers of the land from which soil is to be removed,
as shown on the current Tax Map of the Township.
c. Location to which soil is to be removed.
d. Route to be taken during the removal operation.
e. Reason for removing soil.
f. The proposed dates for the commencement and completion of the soil
removal, not to exceed three months for any single application.
g. A map of the lot showing the present contour lines and the proposed
future contour lines resulting from the intended excavation or redistribution
of soil.
h. Color photographs of the removal area before excavation, the number
of photographs to be determined by the Township Engineer.
i. Copy of an approved soil erosion and sediment control permit.
j. Such other pertinent data as the Director may deem necessary.
[1972 Code § 18-7]
If an application is denied, the applicant may appeal the decision
of the Director by filing a written notice of appeal with the Mayor
within 10 days after receiving the notice of denial of application.
If the applicant is not satisfied with the action taken by the Mayor,
he may then file a written notice of appeal within the Council. The
Council shall hear the appeal within 20 days of the receipt of such
notice and modify, affirm or reverse the decision laid down by the
Mayor.
[1972 Code § 18-8]
A fee of $100 shall accompany each application to cover the
cost incurred in investigating and processing the application and
will be retained by the Township whether the permit issued or denied.
In addition, an inspection and enforcement fee of $0.10 per cubic
yard of soil to be removed shall be paid by the applicant to the Township,
to be retained by the Township if the permit is issued and returned
to the applicant if the application is denied or withdrawn.
[1972 Code § 18-9]
Before the permit is issued, the applicant shall file with the
Director a bond executed by the applicant as principal and a surety
company licensed to do business in the State of New Jersey as surety.
The amount of the bond shall be determined by the Director but in
no event shall be less than $1,000 and shall be conditioned as follows:
a. That the applicant will complete the work authorized by the permit
in conformity with the terms of the permit and the provisions of this
Article on or before the date of completion set forth in the application.
b. That the applicant will repair any public street, structure or land
which may be damaged as a result of the work authorized by the permit.
c. No bond shall be required where the soil to be removed is limited
to subsoil.
d. In those instances where the Director certifies that the soil to
be removed will be donated to the Township for public use, no bond
will be required. A copy of the certification shall be furnished to
the Council.
[1972 Code § 18-11]
Nothing in this Article shall be construed to prevent the Township
from taking injunctive proceedings to restrain removal of soil as
described in this Article.
[1972 Code § 18-12]
Any officials from the Township and their agents shall have
the right at all times to inspect any property where a permit has
been issued under this Article.
[1972 Code § 18-13]
The following activities shall be exempt from the provisions
of this Article:
a. Agricultural use of land.
b. Existing single-family homes one acre or less in size.