The Township committee finds and determines that the unregulated
and uncontrolled relocation, filing, excavation and removal of earth
on a large scale has resulted in conditions detrimental to the public
safety, health and general welfare, substantially hampering and deterring
the efforts of the Township planning.
No person shall excavate or otherwise remove earth for sale
or use other than on the premises from which the earth shall be taken
except in connection with the construction or alteration of a building
on such premises, and excavation on normal grading incidental thereto,
without first having procured permission therefor from the Township
Committee.
The Township Committee shall not consider any application for
the removal of earth from the premises for sale or otherwise, unless
and until the owner of the premises shall first file with the Township
Committee an application requesting such permission, together with
a map of the premises showing the contour lines and proposed contour
grades resulting from such intended removal of earth in relation to
the topography of the premises and the proposed contour lines and
proposed grades shall be subject to the inspection and approval of
the governing body of the Township. No such permission for earth removal
shall be issued until such map has been filed and until the proposed
contour lines and grades have been approved by the Township Committee.
The Township Committee in considering and reviewing the application
and arriving at its decision, shall be guided and take into consideration
the public health, safety and general welfare and particular consideration
shall be given to the following factors:
a. Earth erosion by water or wind.
d. Lateral support slopes and grade of abutting streets and lands.
f. Other factors as may bear upon or relate to the coordinated, adjusted
and harmonious physical development of the Township.
In the event permission is not granted, the applicant upon written
request for a hearing made to the Township Committee shall be given
an opportunity to be heard within 30 days after the refusal of the
application.
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If after examining the application and map, provided for in Subsection 12-1.4 or after the hearing, in the event a hearing is requested by the applicant, the Township Committee shall be of the opinion that the proposed earth removal will not create conditions inimical to the public health, safety and welfare and will not result in the creation of any sharp declivities, pits or repressions, earth erosion or fertility problems, depressed land values or create any drainage sewerage problems or other condition of danger permission to remove the earth shall be granted. Such permission shall be effective for a period of time to be determined by the Township Committee.
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If permission to remove the earth shall be granted, the owner
or person in charge shall so conduct the operation so that there shall
be no sharp declivities, pits or depressions, and in such a manner
that the area shall be properly leveled off, cleared of debris and
graded to conform with the contour lines and grades as approved by
the Township.
The owner of the premises or person in charge of the removal
of the earth, when permission has been duly granted, shall not take
away the top layer of arable earth for a depth of six inches, but
such top layer of arable earth to a depth of six inches shall be set
aside for retention on the premises, and shall be re-spread over the
premises when the rest of the earth has been removed, pursuant to
levels and contour lines approved by the Township Committee.
Before any permit or permission for removal of earth shall be
granted or issued, the owner or applicant shall file with the Township
Committee, a bond in form and with acceptable surety, if required,
in such amount as shall be deemed sufficient to insure the faithful
performance of the work to be undertaken.
No excavation shall be made and no earth shall be removed under
the provisions of this section unless a permit therefor shall have
been first obtained as provided herewith, and no excavation shall
be made and no earth shall be removed except in conformity with the
provisions of this section.
Any person who shall violate any of the terms or provisions of this ordinance shall, upon conviction thereof, be liable to the penalty stated in Chapter
3, §
3-1.
[Added 5-1-2019 by Ord. No. 2019-02; amended 7-10-2019 by Ord. No. 2019-05]
The Township Committee finds and determines that the placement
of contaminated soil within the boundaries of the Township of Hardwick
poses a threat to the safety, public health, and general welfare of
the Township's residents. The adoption and enforcement of this
section does not exempt an applicant from required approvals of the
local Soil Conservation District and is meant to act in conjunction
with all Soil Conservation District requirements with respect to soil
importation.
As used in this section:
APPLICANT
Any person or entity who has filed an application with the Township Clerk pursuant to the provisions of §
12-2.4 herein.
CONTAMINATED
Soil or fill material containing one or more contaminants
from an unintentional or intentional spilling, leaking, pumping, pouring,
emitting, emptying, or dumping of a hazardous substance, hazardous
waste, pollutant, or naturally occurring contaminant at a concentration
which fails to satisfy any applicable remediation standard as defined
by the New Jersey Department of Environmental Protection.
FILL MATERIAL
All forms of reclaimed materials, whether organic or inorganic,
including by way of example, but not by way of limitation, quarry
process, crushed masonry, recycled concrete aggregate, brick or brick
fragments, asphalt millings, dredging materials, and any mixtures
thereof or in mixtures with soil.
HAZARDOUS
The presence of one or more contaminants at levels generally
considered to pose a threat to human health, whether from short-term
or long-term direct exposure, or from consequent degradation of surface
or groundwater resources.
IMPORTATION AND IMPORT
The movement of soil or fill materials onto properties located
within the boundaries of the Township of Hardwick from one or more
locations outside the Township's boundaries.
PROPERTY
All contiguous lands owned by the same person or entity.
SOIL
And include all forms of earth, whether organic or inorganic,
including by way of example, but not by way of limitation, surface
or subsurface dirt, stone, rock, gravel, crushed stone, sand, humus,
clay, loam, minerals, topsoil, and any mixtures thereof.
Importation of contaminated soil or fill materials into the
Township of Hardwick is prohibited.
Permits shall expire 90 days after approval pursuant to §
12-2.4. Expired permits may be renewed one time upon the filing of a renewal application with the Zoning officer. The renewal application shall be accompanied by a minimum fee of $100. Application for renewals shall be approved provided that there are no changed to the scope of the project or to the previously approved source of imported soil and fill materials as described pursuant to §
12-2.4. Material change to the project, including, but not limited to, changes in scope of project or source of imported soil and fill materials, shall result in denial of the renewal application. Denials of renewal applications shall not prejudice the refiling of an application for a permit pursuant to §
12-2.4.
Where there is an approved site plan and said site plan approval includes provisions for importation of soil or fill materials, no additional permit or fee shall be required. Permitted construction or repair of septic systems and driveways is explicitly exempted from the requirements of §
12-2.3.
When local schools are in session, truck traffic for the permitted
importation of soil or fill materials shall be limited to the hours
of 9:00 a.m. to 3:00 p.m. Mondays through Fridays inclusive. When
local schools are not in session, truck traffic for the permitted
importation of soil or fill materials shall be limited to the hours
of 7:00 a.m. to 6:00 p.m. Mondays through Fridays inclusive. Traffic
for permitted importation of materials is prohibited on Saturdays
and Sundays and the following holidays: New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas
Day.