Editor's Note: The grant of general police powers to municipalities under N.J.S.A. 40:48-2 authorizes the adoption of ordinances to license and regulate the removal of soil. See Fred v. Mayor and Council, Old Tappan Borough 1- N.J. 515, 92 A. 2d 473 (1952).
[1974 Code § 21-1]
As used in this chapter:
- Shall mean and include, but not be limited to, any earth or earthly substance, sand, gravel, top soil, fill dirt or the like.
[1974 Code § 21-2]
No person shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil is taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, without first obtaining a permit from the Building Inspector.
[1974 Code § 21-3]
The Construction Official 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 files a written application with the Building Inspector, upon forms supplied by the Building Inspector, which application shall include and be accompanied by a map of the premises showing:
The present contour lines of the premises;
The proposed contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises.
The application shall also state the date excavation is to commence and date excavation is to be completed.
[1974 Code § 21-4]
The proposed contour lines and grades, as shown on the map referred to in subsection 30-1.3, shall be subject to inspection and approval of the Township Engineer and the Building Inspector. No permit for soil removal shall be issued until such map has been filed and the proposed contour lines and grades have been approved, as aforesaid.
[1974 Code § 21-5]
The Building Inspector, in considering the application and in arising at his decision, shall be guided by and taken into consideration the public health, safety and general welfare; and, particular consideration shall be given to the following factors:
Soil erosion by water and wind;
Lateral support slopes and grades of abutting streets and lands;
Land value and uses;
Preservation of trees and shrubbery;
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
[1974 Code § 21-6]
If a permit to remove soil is granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions, and in such manner that the area shall be properly leveled off, cleaned of debris and graded to conform with the contour lines and grades as approved by the Township Engineer and the Building Inspector.
[1974 Code § 21-7]
The owner of the premises or the person in charge of the removal of soil, regardless of whether the owner or person is subject to the permit provisions of this chapter, shall not take away the top layer of arable soil for a depth of six (6) inches. Such top layer of arable soil, to a depth of six (6) inches, shall be set aside for retention on the premises and shall be re-spread over the premises when the rest of the soil has been removed. If the owner or person in charge of the removal of soil is subject to the permit provisions of this chapter, then the soil shall be re-spread over the premises in accordance with the levels and contour lines approved by the Township Engineer and Building Inspector.
[1974 Code § 21-8]
Before any permit for soil removal is granted or issued, the owner or applicant shall file with the Township Clerk a bond, in form and with surety acceptable to the Director of Law, in such amount as in the opinion of the Township Engineer and Building Inspector shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permit.
The bond shall be conditioned upon the following:
The work of soil removal shall comply with this chapter and regulations on this subject;
The work shall be done in a proper manner in accordance with the contour lines and grades approved by the Township Engineer and Building Inspector;
The top layer of soil, to a depth of six (6) inches, shall be set aside and retained to be thereafter re-spread over the area when the rest of the removal has been completed;
At the expense of the owner or applicant, repairs shall be made to any street or streets used in the transportation of soil if the Municipal Council shall consider repairs are necessary because of such use of the streets;
The work shall be done properly without detriment to adjourning properties or to the Township, and without leaving any sharp declivities, pits or depressions and the property will be leveled off and cleared of debris;
The owner or applicant shall pay the cost of inspection and supervision incurred by the Township Engineer in the examination and inspection during the progress of the soil removal and upon the completion of the work if such inspections and examinations are of such a nature that they must be performed by individuals not employed by the Township.
[1974 Code § 21-9]
No excavation shall be made and no soil shall be removed under the provisions of this chapter unless a permit therefor shall have been first obtained as provided herein and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this chapter.
[1974 Code § 21-10]
[1974 Code § 9-110; Ord. #6-18-74]
The purpose of this section is to protect the public health, safety and welfare of the citizens of the Township through the establishment of comprehensive controls on the disposition of bulk materials, unpackaged soil, top soil or other earth materials upon any property within the Township. The materials covered by this section are intended to include all unconsolidated mineral and organic material of any origin. This section shall apply to all areas of this Township, except heavy and light industrial zones.
[1974 Code § 9-111; Ord. #6-18-74]
This section is intended to control the transportation, storage and processing of materials, which are not intended for the permanent improvement of the property upon which the material is deposited and which is transported and stored thereon for the purposes of processing or redisposal by sale or otherwise.
[1974 Code § 9-112; Ord. #6-18-74]
Permits to authorize the uses covered by this section shall be issued annually by the Building Inspector, upon receipt and approval of a letter of application therefor, together with an engineering survey showing the layout of the applicant's property depicting property lines, fixed structures and the location and/or proposed location of materials subject to this section and upon payment of an annual fifty ($50.00) dollar renewable fee in accordance with the conditions herein set forth.
[1974 Code § 9-113; Ord. #6-18-74; Ord. #9-3-74]
No unpackaged soil, top soil or other earth material shall occupy more than twenty-five (25%) percent of the vacant land area of the property involved, when measured at the base area of the mounds or piles.
No sifting, screening or other processing of such soil, top soil, or other earth material shall be permitted within fifty (50) feet from a property line.
No unpackaged soil, top soil or other earth material shall be stored or deposited within ten (10) feet, measured at the base of any side or rear property line, nor within any of the required front yard areas as specified in the Zoning Ordinance of the Township and no mound or pile of such material shall be assembled so as to extend beyond ten (10) feet in height, measured from the grade elevation of the immediately surrounding properties.
The applicant shall provide such on-site drainage facilities, to the satisfaction of the Department of Public Works, so that there shall not be any runoff of water or mud from the processing operation onto neighboring properties or adjacent municipal rights-of-way, sidewalks, or streets.
[1974 Code § 9-114; Ord. #6-18-74]
Enforcement of the provisions of this section shall be carried out through the joint efforts of the Division of Building Regulations and the Division of Health of the Township of Woodbridge.