[1991 Code § 244-1]
Unless provided in the land use regulations, no excavation shall
be made and no soil shall be removed unless a permit shall have been
first obtained from the Township Committee as provided in this section.
No excavation shall be made and no soil shall be removed except in
conformity with the provisions of this chapter.
[1991 Code § 244-2]
Any person or owner desiring to make any excavation or to remove
soil from premises in the Township shall first file with the Township
Clerk an application for a permit to make the excavation or to remove
soil, together with a map of the premises. The map shall show the
proposed contour lines and proposed grades resulting from any intended
removal of soil in relation to the existing topography of the premises.
The proposed contour lines and the proposed grades shall be subject
to approval by the Township Engineer. No permit for soil removal shall
be issued until such map has been filed and until the contour lines
and grades have been approved by the Township Engineer.
[1991 Code § 244-3]
Upon fulfillment of the requirements of subsection 30-1.2, the applicant shall, on request, be granted a hearing before the Township Committee on the application. In determining its action on the application the Township Committee shall take into consideration soil erosion, drainage, soil fertility, lateral support, slopes and grades of abutting streets, land values and uses and such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township. The permit shall be granted if the Township Committee is of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger.
[1991 Code § 244-4]
In the removal of soil, the owner, applicant or person in charge
of the excavation or the removal of soil shall so conduct and complete
the operations that:
[1991 Code § 244-5]
The applicant, owner or person in charge of the removal of soil
shall not take away the top layer or arable soil for a depth of four
inches. The top layer of arable soil to a depth of four inches shall
be set aside for retention on the premises and shall be respread over
the premises when the rest of the soil has been removed in accordance
with the levels and contour lines approved by the Township Engineer.
[1991 Code § 244-6]
In the removal of soil or dirt, the owner, applicant or person
in charge shall make use only of such streets for transportation as
are designated for that purpose by the Township Engineer.
[1991 Code § 244-7]
Before any permit for soil removal shall be issued, the applicant
or owner shall enter into and file with the Township a bond running
in favor of the Township, with such surety and in such amount as shall
be approved by the Township Committee. The amount of the bond shall
be determined by the Township Committee after report by the Township
Engineer as to the necessities and requirements in the undertaking.
The bond shall be conditioned upon the following:
a.
The work of soil removal shall comply with all ordinances and regulations
on the subject.
b.
The work shall be done in proper manner, in accordance with the grades
and contour lines approved by the Township Engineer.
c.
The top layer of soil to a depth of four inches shall be set aside
and retained, to be thereafter respread over the area when the rest
of removal has been completed.
d.
Repairs at the expense of the owner or applicant shall be made to
any street used in transportation if the Township shall consider repairs
are necessary because of such use of the streets.
e.
The worker shall be properly done without detriment to adjoining
properties or detriment to the Township.
f.
The work shall be done without leaving any sharp declivities, pits
or depressions.
g.
The area shall be leveled off properly and cleared of debris.
h.
The owner or applicant shall pay the costs incurred by the Township
Engineer in examination, inspection and supervision during the progress
of the soil removal.
[1991 Code § 244-8]
Nothing in this section shall be construed to apply to excavations
for improvements being made by the Township or its contractors.
