[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:
Shall mean the person requesting a soil removal permit as
provided for in this Article.
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.
Shall mean the Director of Community Development or his or
her designated representative.
Shall mean any person engaged in the moving, removal or excavation
of soil from, in or upon any land in the Township.
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.
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.
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.
Shall mean one or more contiguous lots in single ownership.
Shall mean any change or alteration in the grade of any land.
Shall mean earth, sand, clay, loam, gravel, humus, rock or
dirt without regard to the presence or absence of organic matter.
Shall mean all soil except 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 § 18-4.1]
a.
A permit for removal of topsoil shall not be issued until all of
the occupants of the building have been determined or final site plan
approval has been obtained.
b.
Topsoil which is to remain for future use shall be stored and maintained
at designated locations within the permit area in accordance with
Article 2, Soil Erosion and Sediment Control.
c.
A topsoil permit shall not be issued until the owner, developer or
excavator adequately certifies to the Township Engineer that this
topsoil has no present or potential use on the lot or within the entire
subdivision. Approval of the topsoil removal permit shall only be
granted by the Township Council after receipt of an advisory opinion
from the Township Engineer.
d.
Where the Director certifies that the topsoil to be removed will
be donated to the Township for public use, the removal permit need
not be submitted to the Township Council. A copy of the certification
shall be furnished to the Council.
[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 § 18-6]
a.
In considering the application, the Director shall be guided by the
following factors:
1.
Soil erosion by water and wind.
2.
Inadequate and improper surface water drainage.
3.
Impairment of soil fertility.
4.
Removal of lateral support of abutting streets and lands.
5.
Creation of dangerous depressions and declivities.
6.
Land values and uses.
8.
Any other factor which is relevant to the coordinated, adjusted and
harmonious development of the Township.
b.
If, after considering the above factors, the Director determines
that the proposed removal or redistribution of soil will not be detrimental
to the health, safety and welfare of the Township or its inhabitants,
he may issue the necessary permit. Otherwise, he shall deny the application
and shall notify the applicant. The Director shall have 30 days after
the application is filed within which to notify the applicant whether
the application has been granted or denied.
[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 § 18-10]
a.
Soil removal or redistribution conducted under a permit issued under
this Article shall be in accordance with the following regulations:
1.
Operations shall be conducted so that there shall be no sharp declivities,
pits or depressions.
2.
Lands shall be graded so as to conform to the approved contour lines
and grades and shall be cleared of debris.
3.
A minimum of 12 inches of top soil shall remain over the entire lot
from which soil was removed, except for those portions of the lot
occupied by a building or structure, or pavement, in accordance with
the approved plans and specifications for the development thereof,
upon completion of the intended construction.
4.
All of the work described in this Article shall be performed between
the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. No work
shall be performed on days when the Department is closed.
5.
Adequate measures shall be taken to prevent erosion and sedimentation of soil upon surrounding lands, streets, municipal facilities, bodies of water or waterways, in accordance with the provisions of Article II, Soil Erosion and Sediment Control.
6.
The Department shall be notified at least 48 hours before the removal
of soil begins.
b.
An accounting of the soil removed shall consist of inspection by the Director of the receipts given the applicant by the excavator for the soil removed. The receipts shall record the type and amount of soil taken, the date it was removed, and the capacity of the truck. A final written estimate of the amount removed shall be submitted by the applicant. The Director must be satisfied that the inspected receipts account for all of the amounts indicated in that final estimate. If that amount exceeds the original amount stated on the application, a fee for those additional cubic yards of soil shall be paid by the applicant to the Township at the same rates stated under Section 26-9, Fees. The Director shall certify that the data is true and accurate and shall make a permanent record of the total amount, by type, of the soil removed.
[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:
[1972 Code § 18-14]
a.
Any person, firm or corporation who or which shall violate any provision
of this Article shall be liable to a fine of not more than $500 or
to imprisonment for a term not exceeding 90 days, or both, and each
day in which such violation continues shall constitute a separate
violation or offense.
b.
The Director of Community Development or his/her Designated Representative
may also suspend the approval for a period of not less than 10 days,
or may revoke the approval after notification in writing by an authorized
officer, agent, or employee of the Township to the holder of the approval.
If revoked, no soil permit shall again be issued unless a new application
is made.
