[1972 Code § 18B-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 placement 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 § 18B-2]
For the purpose 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 chapter.
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 any person engaged in the moving, removal, placement
or excavation of soil from, in or upon any land in the Township.
Shall mean any substance used to deposit and fill or otherwise
alter or change the location or contour of land, which does not contain
any garbage, trash, or debris, and will not be detrimental to 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 § 18B-3]
No owner, developer, excavator or other person shall dump or
cause, allow, permit or suffer to be moved any landfill, topsoil or
subsoil in the Township except as otherwise defined or provided for
in this Article, unless and until after application to the Director.
The Director shall first determine that the excavation and placement
of the amount of landfill applied for is necessary and essential to
the development of the lot which the soil is to be deposited or filled.
[1972 Code § 18B-4]
Should the Director of Community Development or his designated
representative find and determine that the depositing of the amount
and type of soil, or landfill applied for is necessary and essential
to the development of the lot, then the appropriate landfill permit
may be issued. If the lot is part of a subdivision presently under
construction, then a permit shall be required only if the landfill
or soil is to be imported from outside the subdivision.
[1972 Code § 18B-5]
Applications shall contain the following information in a form
and to a degree to be determined by the Director of Community Development
or his designated representative:
a.
Names and addresses of the applicant, the owner, the developer and
the excavator.
b.
Lot and block numbers of the land for which soil is to be deposited,
as shown on the current Tax Map of the Township.
c.
Located to which soil is to be deposited.
d.
Route to be taken during the landfill operation.
e.
Reason for landfill. Description of proposed project.
f.
Size of tract and size of area to be disturbed.
g.
The proposed dates for the commencement and completion of the land
filling, not to exceed three months for any single application.
h.
A map of the lot showing the present contour lines and the proposed
future contour lines resulting from the intended landfill and redistribution
of soil.
i.
Color photographs of the landfill area before excavation, the number
of photographs to be determined by the Director of Community Development
or his designated representative.
j.
Copy of an approved soil erosion and sediment control permit. (See Article II, Soil Erosion and Sediment Control.)
k.
Such other pertinent data as the Director of Community Development
or his designated representative may deem necessary, including soil
testing.
[1972 Code § 18B-6]
a.
In considering the application, the Director of Community Development
or his designated representative shall be guided by the following
factors:
b.
If, after considering the above factors, the Director of Community
Development or his designated representative determines that the proposed
landfill 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 of Community Development
or his designated representative 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 § 18B-7]
If an application is denied, the applicant may appeal the decision
of the Director of Community Development or his designated representative
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 § 18B-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 is issued or denied.
In addition, an inspection and enforcement fee of $0.10 per cubic
yard of soil to be deposited 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 § 18B-9]
a.
Landfill 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
which soil was deposited, except for those portions of the lot occupied
by the 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 of Community Development
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 of Community Development shall be notified at least
48 hours before the deposit of soil begins.
b.
An accounting of the soil deposited shall consist of inspection by the Director of Community Development or his designated representative of the receipts given by the applicant by the excavator for the soil deposited. The receipts shall record the type and amount of soil deposited, the date it was deposited, and the capacity of the truck. A final written estimate of the amount deposited shall be submitted by the applicant. The Director of Community Development or his designated representative 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 subsection 26-40.8, Fees. The Director of Community Development or his designated representative shall certify that the data is true and accurate and shall make a permanent record of the total amount, by type, of the soil deposited.
[1972 Code § 18B-10]
Nothing in this Article shall be construed to prevent the Township
from taking injunctive proceedings to restrain depositing of soil
as described in this Article.
[1972 Code § 18B-11]
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 § 18B-12]
The following activities shall be exempted from the provisions
of this chapter:
[1972 Code § 18B-13]
b.
The Director of Community Development or his 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 land fill permit shall again be issued unless a new
application is made.
