Township of Fairfield, NJ Chapter 20 Soil and Soil Removal

§ 20-1 EXCAVATIONS AND REGRADING.

§ 20-1.1 Permit Required.

[1969 Code § 58-1; Ord. No. 727; Ord. No. 2011-06 § 4]

a. Except as provided in subsection 20-1.2, no one shall excavate or regrade any lands in the Township, in private ownership, without having first obtained a permit to do so.

b. The fee for a permit to excavate and regrade land shall be $250 per acre of the area of the tract to be regraded. Fractions of less than 1/2 acre shall be disregarded in the determination of the fee, except that the minimum fee shall be $100.

§ 20-1.2 Exceptions.

[1969 Code § 58-2]

This chapter shall not apply to:

a. Temporary Excavations. Any excavation which shall, upon completion thereof, forthwith be filled.

b. Excavation and Removal. Within the Same Lot. Any excavation of earth on an individual building lot and the removal to another location on the same lot of the soil or topsoil excavated.

c. Construction on Single Building Lots. The excavation required for the foundation of a building and accessory construction on a single building lot for which a building permit has been issued and remains outstanding, but this conception shall not authorize the regrading of any such lot (beyond spreading the soil resulting from the excavation over the same) without the permit hereby required nor the removal of any soil or topsoil from any such lot without the license required by Section 20-2 of this chapter.

§ 20-1.3 Application for Permit.

[1969 Code § 58-3]

Application for the permit required by subsection 20-1.1 shall be made to the Governing Body in writing in duplicate on forms approved for the purpose by the Township Council and available to applicants at the office of the Township Clerk.

§ 20-1.4 Application Content and Execution.

[1969 Code § 58-4]

Each application shall show:

a. Name and Address. The name and address of an applicant, and of the owner of the land to be regraded if the applicant is not the owner of it.

b. Description. A description of the lands upon which the excavation is to be made.

c. Topography. By drawing attached to the application with contour lines at one foot intervals, the topography of the land at the time of the application, its grade in relation to every street, existing or proposed, abutting or crossing the land, and sufficient of the topography of each adjoining property to enable the Governing Body to determine the present and gauge the future flow of surface waters; and the topography of the proposed finished surface of the land when the work proposed is completed.

d. Surface Water. The proposals of the applicant for the disposition of accumulations of surface water on the site and on the adjoining properties from the accelerated or changed runoff of surface water from or onto adjoining properties to be anticipated from the regrading proposed.

e. Period of Work. When the work is scheduled to be begun and to be concluded, but not later in any event than 12 months from the commencement of it.

f. Equipment. What earth excavating, loading and moving equipment and work force are available to the applicant for the work proposed.

g. Adequacy of Facilities. Whether the applicant conceives that he has available sufficient equipment and work force to enable him to prosecute the work upon the whole tract by the application of the available equipment and work force thereto on successive work days (weather permitting) from commencement to completion by the completion date set.

h. Scheduling Work. If not, into what sections he proposes to divide the land for scheduling the work for continuous operation within the capacity of the available equipment and work force.

i. Test Borings. The results of test borings at a sufficient number of locations throughout the site to constitute a representative sampling of subsurface conditions, giving the depth of topsoil at each location and the depth and character of each layer of subsoil encountered thereat to a depth of at least two feet below the proposed finished grade of the site at each location.

j. Subgrade Elevations Proposed. By drawing attached to the application with contour lines at one foot intervals, the elevations to which it is proposed to excavate or fill with soil other than topsoil, which shall in no case be less than six inches below the proposed finished grade nor less than the volume of topsoil stripped from the premises, stockpiled and spread over the premises upon completion of the proposed subgrading, will fill, unless the character of the soil at and below the subgrade shall be such that a six-inch layer of topsoil thereon will support vegetation appropriate for the use to which the property is to be put.

k. Signatures. Each application shall be signed and verified by the applicant, and if the applicant is not the owner of the property to be regraded, it shall also be signed by the owner consenting to the regrading proposed or any modification of it which the Governing Body shall require.

§ 20-1.5 Hearing.

[1969 Code § 58-5]

In the discretion of the Township Council, it may fix a day for a public hearing on each application, and if it shall do so, the applicant shall give notice in writing by service thereof on the owners of the properties within 200 feet of the tract described in the application, as their names and addresses appear on the most recent tax duplicate of the Township, which notice shall be served personally or by registered or certified mail or given by publishing the same in an official newspaper of the Township at least seven days prior to the day fixed for the hearing or both, as the Governing Body shall require, which notice, if required, shall identify the land to be regraded and state the nature of the application and the time and place of the hearing thereon.

§ 20-1.6 Considerations Governing Granting of Permit.

[1969 Code § 58-6]

No permit shall be issued if it shall appear to the Governing Body from the application, its own examination of the site of the proposed excavation and regrading, or at the hearing, that the proposed excavation and regrading will be detrimental to the public health, safety and general welfare; and the Governing Body shall consider in making its determination the effect of the proposed excavation and regrading upon:

a. Soil erosion by water and wind.

b. Surface water drainage and storm water drainage.

c. Soil fertility.

d. Lateral support for abutting streets and lands.

e. Land values and land uses.

f. Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

§ 20-1.7 Findings.

[1969 Code § 58-7]

Upon the receipt of an application for a permit under subsection 20-1.1 and after hearing, if required, the Township Council, with the advice and assistance of the Township Engineer (if the Governing Body shall require it), shall determine:

a. Effect of the Regrading Proposed. Whether the proposed excavation and the regrading of the site to the finished grades proposed can be done without detriment to the property, neighboring properties and the community considering:

1. Surface Waters. The accumulation of surface waters on the site itself and on adjoining properties to result from the proposed regrading and the applicant's proposals for the disposition thereof.

2. Acceleration of Runoff. The acceleration of the runoff of surface waters from the site itself by reason of the regrading and the applicant's proposals for the disposition thereof.

3. Effect on Wells and Individual Sewage Disposal Systems. The probable effect of the regrading proposed with respect to the site itself and each building lot into which it is or may be divided and with respect to adjacent properties, upon present or future wells for the procurement of water for domestic use and upon present or future individual systems for sewage disposal.

4. Lateral Support. The lateral support which the property, regraded to the proposed finished grades, will afford to adjacent properties, including public streets and highways.

5. Schedule of Work. Whether the applicant's equipment and work force are such that the work proposed can be done on successive workdays with none except ordinary interruptions within the time specified, and if not, into what sections either the inadequacy of the equipment or the work force, or both, require the tract to be divided in order that the work may proceed section by section uninterruptedly from commencement to completion.

6. Fertility of the Surface Finished as Proposed. Whether six inches of topsoil placed on subsoil of the character disclosed by test borings or to be used for fill will adequately support vegetation of the kind appropriate to the use to which the property is to be put, and if not;

7. Volume of Topsoil. The volume of topsoil to be anticipated from the site; and

8. Depth of Topsoil and Elevation of Subgrade. To what depth in inches the quantity of topsoil to be anticipated from the site will, when spread and compacted to an even depth, cover portions of the tract requiring topsoil and thereby the elevations (not less in any case than six inches below the proposed finished grade) to which the subgrade, when compacted, shall be finished; and in all cases;

9. Other Factors. Any other factors which a study and analysis of the proposed regrading shall suggest.

b. Modifications for Drainage and Lateral Support. If the Governing Body shall determine the excavation and regrading proposed cannot be done without detriment to the property or to neighboring properties or to the community because what is proposed will not provide adequate runoff of surface waters or facilities for the drainage thereof or adequate lateral support for adjacent properties, including abutting public streets and highways, it shall further determine:

1. Proper Elevations for Finished Surface. The elevations to which the finished surface of the several portions of the tract should be graded, which shall not be lower in any part than the grades, if any, theretofore approved by the Planning Board for that part without that Board's concurrence, and shall be such as to afford lateral support for adjacent properties including abutting public streets and highways, to assure reasonably rapid runoff, when sodded or otherwise surfaced, of surface waters and, in connection with the drainage facilities proposed or required, to prevent the pending of such waters.

2. Drainage Facilities. What drainage facilities in addition to or other than those proposed should be provided.

c. Modifications for Wells and Sewage Disposal Systems. If the Governing Body shall determine that the excavation and regrading proposed cannot be done without detriment to the property or to neighboring properties or to the community because what is proposed will adversely affect wells or individual sewage disposal systems, or both, of adjacent properties or the utility of the site itself and of each lot into which it is or may be divided for the procurement of potable water therefrom or for the safe and efficient disposal of septic tank effluent therein, it shall further determine what changes, if any, in the regrading proposed, will minimize or eliminate the adverse effect of the regrading proposed upon present or future well and sewage system installations.

§ 20-1.8 Conditions of Permit.

[1969 Code § 58-8]

If the permission sought be granted, it shall be upon the conditions, which shall be stated in the permit or in the resolution granting it, that the applicant shall:

a. Guaranty. Furnish to the Township in cash or by bond with one or more sureties thereon approved as required by the Governing Body, in such amount as the Township shall require, not greater in any event than the estimated cost of the regrading authorized, a guaranty that the work authorized will be performed in good, workmanlike and substantial manner In accordance with the permit and this chapter and by a date not later than 12 months from the commencement of it, and that at the option of the Township, either site work shall be completed or the site shall be restored as nearly as may be to its former condition if the work, if begun, be abandoned, but no such guaranty shall be exacted if the permit applicant has already given the guaranty in a like or greater amount for like work in connection with the Township's acceptance of streets in the applicant's subdivision.

b. Modification of Plant. Modify the regrading proposed in the application to conform to the findings of the Governing Body with respect to finished subgrade elevations under subsection 20-1.7a6, 7 and 8, with respect to finished grades and drainage facilities with reference to subsection 20-1.7b1 and 2 and with respect to minimizing adverse effect of the regrading proposed on wells and sewage disposal facilities under subsection 20-1.7c.

c. Time of Performance. Commence the contemplated work, or the first section of it, on or before the date specified in the application or in the permit if a date later than that specified in the application shall be fixed by the Governing Body.

d. Prosecution of Work. Prosecute the work, weather permitting, diligently to completion on successive workdays (Sundays excepted, and Saturdays and legal holidays also excepted at the applicant's option).

e. Commencement of Work. Commence the required work on the second and each successive section upon completion of the work in each preceding section, and prosecute the work with like diligence.

f. Upon the whole tract, unless it has been divided into sections for scheduling the work, and, in that event, upon each section:

1. Topsoil to be Stripped and Stockpiled. Strip all of the topsoil to whatever depth it may exist in any part of the property and stockpile it on the property.

2. Subgrading. Excavate subsoil and remove it to other areas on the tract requiring subsoil or stockpile it on the tract where excavation is required to reach the subgrade proposed or the subgrade determined by the Governing Body; fill with clean fill, where required, areas stripped of topsoil to reach that subgrade, except that on any lot with respect to which a building permit has been issued and remains valid, fill need not be supplied in the areas where the building permit application shows that a building is to be built and driveways, walkways and parking lots are to be located except to a proper elevation for the floor of the cellar and crawl space, if any, of the building to be built under the permit and to an elevation to provide a proper foundation for the other facilities to be built; and fill with fill complying with the Township's specifications for street construction areas where street paving is to be laid to reach a proper subgrade for the pavement; and compact to those grades the areas filled.

3. Spreading of Stockpiled Topsoil. Spread the topsoil stockpiled over the finished subgrade to the inner side of street curbing, except that on any lot on which a permit has been issued and remains valid, no topsoil need be spread in areas where the building permit application shows that a building is to be built and driveways, walkways or parking lots are to be located.

4. Supplying Topsoil. Supply, if necessary, and spread the amount of topsoil required to bring the finished surface, when compacted, to the established finished grade, except that, on any lot on which a permit has been issued and remains valid, no topsoil need be spread in areas where the building permit application shows that a building is to be built and driveways, walkways or parking lots are to be located.

5. Seeding. Sow in the topsoil an adequate quantity of good grade of seed to provide a permanent vegetable growth to protect the surface from erosion by water or wind; but if the topsoil is in place and ready for seed at a season of the year when a permanent ground cover may not be established, then supply and sow in the topsoil seed for temporary ground cover which shall be replaced with a permanent sowing at the next succeeding growing season.

§ 20-2 SOIL REMOVAL.

§ 20-2.1 Definitions.

[1969 Code § 58-9; Ord. No. 580; Ord. No. 645]

As used in this section:

EXCAVATOR

Shall mean any person who moves soil in excess of 100 cubic yards or from any land area within the Township in a one-year period.

LOT

Shall mean any parcel of land or portion thereof the boundary lines of which can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Township or in the office of the Essex County Clerk. For the purposes of this section, a "lot" shall also be deemed to be any contiguous parcels of land under common ownership, which ownership can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Township or in the office of the Essex County Clerk.

MOVE

Shall mean to dig, excavate, remove, deposit, place, fill, grade, regrade, level or otherwise alter or change location or contour; to transport or to supply. This term shall not be construed to include plowing, spading, cultivating, harrowing or discing of 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 or having such other interest or estate therein as will permit exercise of effective possession thereof or dominion thereover.

SOIL

Shall mean any earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence therein of organic matter.

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.

§ 20-2.2 Soil Removal Permit Required; Acceptance and Consideration of Applications.

[1969 Code § 58-10; Ord. No. 727]

a. No owner and no excavator shall move or cause, allow, permit or suffer to be moved any soil in or upon any lot in the Township unless and until a soil removal permit therefor shall first have been issued by the Mayor and Council of the Township. The Mayor and Council may forward a substantial application to the Planning Board for its review and advice or may grant or deny the application with or without public hearing.

b. The matter of accepting and considering all applications for soil removal permits is hereby referred to the Township Engineer.

c. Where the primary object of the project is not soil removal and there is no likelihood of any deleterious effect upon the neighboring lands, the Township Engineer may be empowered to issue a permit without referral to the Mayor and Council, provided that any landowner who is affect may appeal to the Mayor and Council for a hearing in accordance with the provisions of this section.

§ 20-2.3 Permit Application; Issuance.

[1969 Code § 58-11; Ord. No. 580; Ord. No. 645; Ord. No. 727; Ord. No. 2011-06 § 4]

The procedure for applying for and issuance of a soil removal permit shall be as follows:

a. Form of Application. The applicant shall set forth the following in eight copies:

1. His name and address.

2. The description of the lands in question.

3. The name and address of the owner of the lands.

4. The purpose or reason for moving the soil and whether it will be done in connection with a proposed subdivision; and, if so, the date of filing of the application for subdivision.

5. The kind and quantity, in cubic yards, of soil to be moved.

6. In case of removal, the place to which the soil is to be removed and the kind and quantity of soil to be removed.

7. The proposed date of completion of the work.

8. A certification that he has had a licensed land surveyor place or caused to be placed stakes at each corner of the lands from which soil is to be removed, and further that he has had a licensed professional engineer place or caused to be placed grade stakes at the existing elevation points designated on the topographical map, pursuant to the provisions of paragraph c of this subsection, clearly marked to indicate the soil cuts or fill.

9. Other pertinent data which the Mayor and Council may require.

b. Signatures. The application shall bear the signature of the applicant and the endorsement of the owner or owners of the lands signifying approval of the application, consent to the applicant to perform the proposed work and consent to the Township, in the event of failure of the applicant to do so, to cause the proposed work to be completed or otherwise terminated in keeping with the purposes and objectives of this chapter.

c. Topographical Map. Accompanying the application shall be eight prints of a topographical map of the lot with minimum one-foot contour intervals upon which the proposed soil-moving operations are to be conducted and of all surrounding lands within 200 feet of the perimeter of the lot, prepared and certified by a licensed professional engineer of the State of New Jersey, on a scale of not less than one inch to 100 feet and referring to United States Coast and Geodetic Survey data, showing both as to the lot and as to all of the surrounding lands:

1. The dimensions of the lot and the lot and block number of the lot and of each lot in the surrounding lands and the present ownership of each as shown on the Tax Assessment Map of the Township.

2. The existing elevations of all lands on a 100-foot grid layout.

3. The existing elevations of all buildings, structures, streets, streams, bodies of water and watercourses, natural or artificial.

4. All existing surface and subsurface water drainage conditions and provisions therefor.

5. All wooded areas and all trees having a diameter of six inches or more at the base.

6. The limits of the area or areas within the lot or lots in question within which the soil-moving operations are to be conducted and the existing elevations of the limits at intervals of not more than 100 feet.

7. The proposed final elevation at each point where existing elevations shown on the map are to be changed as a result of completion of the proposed work.

8. Proposed slopes showing a minimum of one-foot contour intervals and lateral supports at the limits of the area upon completion of the soilmoving operations.

9. Proposed provisions and facilities for surface water drainage and, where applicable, channels of any streams, bodies of water and watercourses, natural or artificial, including detailed cross sections showing proposed channel widths, bank slopes and method of erosion and control thereof.

10. Accurate cross sections showing the locations and quantities, in cubic yards, of soil to be moved.

11. All proposed elevations in enclosed rectangular boxes and all existing elevations, to be indicated without any kind of enclosure.

12. Proposed period of work and schedule of work.

13. Certified description of equipment available and work force available.

14. Results of test borings at a sufficient number of locations throughout the site to determine the subsurface appropriate, conditions, including, the location of protective where strata between the surface and any aquifer.

15. An environmental impact study.

16. Such other pertinent data which the Township Engineer may require to evaluate the effect of the excavation to the Mayor and Council.

17. Other pertinent data which the Mayor and Council may, by resolution, require.

d. Permit Fee.

1. The application shall be submitted to the Township Engineer with a permit fee to the order of the Township in an amount computed at the rate of $0.25 per cubic yard multiplied by the number of cubic yards to be moved, as stated in the application and certified on the topographical map. In no event shall the fee be less than $150. In the event of refusal to issue a soil removal permit, as hereinafter provided in this section, the aforesaid fee paid by the applicant shall be refunded, except that all moneys and costs incurred by the Township for engineering surveys and reports, inspection fees and legal fees shall be retained by the Township, and the balance remaining shall be refunded to the applicant, together with a statement of the costs and expenses incurred by the Township in the processing of the soil application.

2. Where the permit involves the removal of a substantial amount of soil, the applicant may request the delay of payment of the fee of $0.10 per cubic yard until after the soil has been moved and the request may be permitted by the Township Engineer. The payment shall be made in monthly payments.

3. Where the application, in the opinion of the Township Engineer, requires the supervision of an engineer or other expert, the securing of engineering reports, borings, tests, maps, surveys and the like to protect the public interest, the Township Engineer may retain an independent consulting engineer or other expert for such purposes and shall require sufficient cash deposit for payment for such services. The developer, owner or excavator shall be responsible for the payment for such expert services and shall receive a copy of all reports, maps, etc.

e. Inspection of Site.

1. The Township Engineer shall make an inspection of the site from which soil is to be moved and shall make or commission such engineering studies as may be required to determine the effect of the removal of soil from the location as it relates to public health and safety and the coordinated, safe and harmonious physical development of the Township.

2. The Township Engineer shall also inspect the site to determine whether stakes have been placed on each corner thereof and whether grade stakes have been placed at the existing elevation points designated on the topographical map pursuant to the provisions of subsection 20-2.3a.

f. Hearing.

1. The Planning Board may, within a reasonable time after receipt of the application from the Mayor and Council, fix a date for a hearing for the purpose of considering the application and shall give to the applicant, by registered mail, notice of the time and place of the hearing.

2. The applicant shall, at least 10 days prior to the date appointed for the hearing, serve written notice, either in person or by registered mail, upon such persons as are shown on the Township tax records to be the owners of the lots within 200 feet of the property in question. The applicant shall, at the hearing, present to the Planning Board satisfactory proof, in affidavit form, of the service of the notices.

g. Factors to be Considered in Reviewing Application. In considering the application, the Planning Board shall be guided by the general purpose of municipal take into consideration the following factors:

1. Soil erosion by water and wind.

2. Surface and subsurface water drainage.

3. Soil fertility.

4. Lateral support of abutting streets and lands.

5. Public health and safety.

6. Land values and uses.

7. Effects on sidewalks, curbs, roads, storm sewers, etc.

8. Effect on wells, sewers and subsurface water supplies.

9. Other factors which may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

h. Decision. The Planning Board shall review and consider the application and shall render its report and recommendation to the Mayor and Council, who may grant or refuse the permit in accordance with the recommendation. The report and recommendation shall be made within 60 days after the receipt of the application, unless such time period is extended by the Mayor and Council.

§ 20-2.4 Cash and Performance Bond Requirements; Re-lease of Bond.

[1969 Code § 58-12; Ord. No. 580; Ord. No. 645]

a. Notice of Approval. In the event that the Mayor and Council grants the soil removal permit application, the Township Engineer shall forthwith give notice to the applicant of the action of the Mayor and Council and, further, the amount of the performance bond required as set forth in paragraph c below.

b. Case and Performance Bond Required. No soil removal permit shall be issued unless the applicant therefor shall have posted with the Township a cash and performance bond in form and with surety acceptable to the Township, in such amount as the Mayor and Council shall determine, conditioned upon full and faithful performance by the principal, within the time specified in the application, of all the proposed work in accordance with the provisions of this section and of the soil removal permit issued pursuant hereto.

c. Determination of Amount of Bond. The amount of the bond shall be 20% cash and 80% surety or as determined by the Mayor and Council. In ascertaining the rate upon which to compute the amount of the bond, the Mayor and Council shall take into consideration such factors as may bear upon the facility with which the proposed work may be performed, including but not limited to the type of character of soil, the extent of the area over which the soil-moving operations are to be conducted, the extent and depth of the various cuts and fills, the extent to which the area of operations is wooded, the proximity of the proposed operations to streets, buildings, structures, natural or artificial streams or watercourses and general drainage conditions.

d. Written Consent of Surety. Before the holder of any soil removal permit shall proceed with any application for any amendment or alteration of the terms and conditions of any outstanding soil removal permit, there shall be submitted to the Mayor and Council the written consent of the surety on the bond approving the application for amendment or alteration and consenting to extension of the bond coverage thereto.

e. Release of Cash or Surety Bonds. Applications for the release of any cash or surety bonds posted in accordance with the terms of this section or the resolutions of the Mayor and Council shall be accompanied by an affidavit stating that the soil-moving operation has been completed in accordance with all resolutions and conditions therein adopted by the Mayor and Council. The affidavit shall be executed by a licensed professional engineer of the State of New Jersey.

§ 20-2.5 Date, Term, Expiration and Renewal of Permit.

[1969 Code § 58-13; Ord. No. 580; Ord. No. 645]

The permit shall be dated as of the date it is actually issued, and the term of the permit shall not exceed one year. All permits shall automatically expire on the termination date, unless application for renewal has been made and approved, in writing, extending the permit.

§ 20-2.6 General Conditions of Operation; Prohibitions.

[1969 Code § 58-14; Ord. No. 580; Ord. No. 645]

No person to whom a soil removal permit has been issued shall:

a. Conduct or maintain on the premises any sand, gravel or similar kind of pit, any sand or gravel washing or screening machinery or equipment, any business or industry not permitted in the district in which the premises are located and classified by the Fairfield Zoning Ordinance as amended and supplemented[1] or any endeavor or enterprise other than the grading or regrading of the premises in accordance with the provisions of the permit and, where applicable, the necessary disposal of soil incidental to the grading or regrading.

[1] Editor's Note: See Chapter 45, Zoning.

b. Conduct or maintain any soil-moving operations without having first made adequate provision for dust control.

c. Neglect to dispose of, on or before the completion date stated in the application, any partially or wholly excavated boulders or other incombustible debris resulting from the soil-moving operations, by burial or removal, and any partially or wholly excavated stumps, felled or uprooted trees or other combustible debris resulting from the soil-moving operations, by removal from the premises.

d. Conduct any soil-moving operations beyond the expiration date as set forth in the soil removal permit or the extended expiration date as may be duly granted by the Mayor and Council.

§ 20-2.7 Topsoil Restrictions.

[1969 Code § 58-15; Ord. No. 580; Ord. No. 645]

a. Whenever any excavator shall move topsoil in or upon any lot, provision shall be made for the storage of the topsoil within the boundary lines of the lot.

b. Except as hereinafter provided, all of the topsoil so stored shall be uniformly replaced over the entire area or surface of the lot on or before the completion date set forth in the soil permit, so that the final grade or grades of the replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map.

c. No excavator shall remove to any point beyond the boundary lines of the lot any topsoil whatsoever, unless topsoil not inferior in quality to that to be removed shall remain which can be replaced uniformly to a depth of not less than six inches, measured from the proposed final grades as shown on the topographical map, over the entire surface or area of the lot, excepting only such portions thereof as shall be or shall have become, since the date of filing of the topographical map, permanently covered by a building or structure, street, pavement, curb, sidewalk, driveway other paved area or by any body of water or waterway. In no event shall the excavator remove from the lot more topsoil than that comprising the surplus or excess of that necessary for the replacement of the topsoil as aforesaid.

§ 20-2.8 Excavation Below Final Grade.

[1969 Code § 58-16; Ord. No. 580; Ord. No. 645]

No excavator shall at any time in the course of the work dig or excavate more than six inches below the proposed final grades as shown on the topographical map, unless:

a. The soil removal permit specifies otherwise and the performance bond makes specific provision for replacement, on or before the completion date set forth in the soil removal permit, of soil of sufficient quantity and kind to restore the final grades to those shown on the topographical map.

b. After issuance of the soil removal permit, the excavator, before digging or excavating below the minimum level, shall apply to the Mayor and Council and be granted an amendment in the application and topographical map then in effect, which amendment may be granted upon such terms as the Mayor and Council may deem necessary to assure adherence to the purpose and objectives of this section.

§ 20-2.9 Final Grades.

[1969 Code § 58-17; Ord. No. 580; Ord. No. 645]

No excavator shall deposit soil upon, fill in or raise the grade of any lot without first making provision for:

a. The use in the work of soil or such other materials as will not result in deviation from the proposed final grades or the uniformity thereof by reason of abnormal shrinkage or settlement.

b. The collection and storage upon the lot of the original topsoil, to the end that the topsoil shall not be buried beneath soil or other material of inferior quality, and the uniform replacement of the topsoil so stored over the entire area or surface of the fill soil or other material, so that the final grade or grades of replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map. In the event that such provision is not practicable, provision shall be made for the uniform placement over the entire area or surface of the fill soil or other material, excepting only such portions thereof as shall be or shall have become permanently covered by a building or structure, street pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway, of a layer of topsoil not inferior in quality to that of the original topsoil, to a depth of not less than six inches measured from the proposed final grades as shown on the topographical map.

§ 20-2.10 Filing of Drawings.

[1969 Code § 58-18; Ord. No. 580; Ord. No. 645]

Upon completion of the project, as-built drawings shall be filed with the office of the Township Engineer, who shall advise the Mayor and Council of compliance with this section and the conditions of the permit.

§ 20-2.11 Responsibilities of Owner.

[1969 Code § 58-19; Ord. No. 580; Ord. No. 645]

The owner or excavator shall take all necessary precautions to prevent deleterious interference with subsurface water supplies and shall be responsible for all damage caused by his project.

§ 20-2.12 Enforcement.

[1969 Code § 58-20; Ord. No. 580; Ord. No. 645]

For the purpose of administering and enforcing this chapter, any duly authorized officer, agent or employee of the Township shall have the right to enter into and upon any lands on which soil-moving operations are being conducted to examine and inspect the lands.