[1971 Code § 6-8.1]
a.
It is the finding of the Township Committee that unregulated and
uncontrolled grading of land, filling, excavation and removal of sand,
gravel or minerals, within the Township, have in many instances caused
and generally tend to cause blighted areas often resulting in abandoned
sand or gravel pits. These pits left in unsafe, unsanitary and obnoxious
conditions by reasons of stagnant water standing therein create a
breeding place for insects, dangerous conditions for children, damage
to roads, depreciation of surrounding property values and smoke or
dust or other air or water pollution. These conditions have made it
necessary to license and regulate the operations concerning excavation,
sale or removal of soil, top soil, sand, gravel or other mineral deposits
from lands within the Township.
b.
The Township Committee further determines that the cost of enforcement
of the regulation and licensing including inspections, determination
of ownership, engineering costs for review of surveys and establishment
of grades, as well as other incidental expenses necessary in connection
with the enforcement require that a substantial portion of the expenses
be borne by the owners or operators of the excavations or business
operated.
[1971 Code § 6-8.2]
As used in this section:
Shall mean permission given upon payment of the required
fees after zoning conditions are met and all necessary exhibits filed,
and upon approval of an application for license to operate the business
of or to remove or excavate top soil, sand, gravel, soil or minerals
from any lands within the Township.
Shall mean and include dirt, stone, gravel, sand, humus,
clay, loam, rock or any mixture of any two or more of the above.
Shall mean arable soil. Top soil shall contain no stones,
clumps or similar objects larger than one inch in any dimension and
shall have a pH value of not less than 5.8 nor more than 6.5. Top
soil shall be a mealy loam obtained from a field which is comparatively
free from large stones, objectionable weeds or large quantities of
root growth. Top soil shall have a minimum organic content of not
less than two and three-quarters (2.75%) percent by weight. The gradation
of the top soil shall be within the following limits: sand 40% to
80%, silt 10% to 30%, clay 10% to 30%.
[1971 Code § 6-8.3]
No person shall excavate soil, including top soil, whether for
sale or for use other than on the premises from which the soil shall
be taken, except in connection with construction or alteration of
a building being erected on the premises for which a building permit
has been issued and the excavation and grading is incidental thereto,
without first having obtained site approval and a license approved
by the Township Committee. The license shall be conspicuously posted
and displayed at the entrance to the premises. This provision is not
intended to provide for licensing of any excavation or soil removal
which is not permitted by the zoning ordinances of the Township or
not permitted as an existing nonconforming use or as the result of
a subsequently granted variance.
No license shall be issued for any premises that will in any
manner interfere with any natural stream, alter its course or encroach
on any flood plain or marshland. A license shall also not be issued
where the premises substantially alter, change or interfere with any
natural watershed or natural surface watercourse or detrimentally
interfere or affect the natural drainage or create burdensome traffic
conditions or are in any manner inimical to the public safety, health
and welfare.
[1971 Code § 6-8.4]
Any person desiring to make application shall request a conference
with the Township Committee for the purpose of ascertaining the feasibility
of the proposal to remove soil. At such time sketches or preliminary
drawings shall be made available if necessary for such purpose. Before
the issuance of a license, the applicant shall make application on
a form provided by the Township Clerk. The data in the application
or accompanying documents shall contain the following:
a.
The name and address of the owner or owners of the tract involved
and the name and address of the applicant, if a different person is
involved. The signature of the owner and contractor performing the
work shall be affixed to the application.
b.
A map of the entire premises of the owner, including the premises
for which the license is sought showing the existing topographical
contour lines of the land involved and abutting lands and roads, the
proposed topographical contour grades which will result from the intended
soil removal and the location of any streams or other bodies of water
near the premises with area to be graded shown in sections of three
acres and numbered consecutively indicating order of sections to be
graded.
c.
The tax block and lot number of the property involved.
d.
A description of any processing of the soil which will be done on
the premises including description of equipment and plans of such
processing equipment and facilities.
e.
The name and address of the person who will do the work of grading
and removing the soil.
f.
The number of cubic yards to be removed pursuant to the license.
g.
Routes to and from the proposed site to be used in transporting soil
removed.
h.
Period for which the license is sought.
[1971 Code § 6-8.5]
Each application for removal of soil or top soil shall be accompanied
by a deposit of $100 plus one ($1.00) dollar for each 1,000 cubic
yards or part thereof, which shall be used to cover the cost of examining
the application, hearings or other processing. In the event an application
is denied the fee deposited shall be returned after fees incurred
by the Township Engineer in the course of processing the application
are deducted.
[1971 Code § 6-8.6; Ord. No. 2003-21 § 1]
The application and fee shall be filed with the Township Clerk
and the application shall promptly be referred to the Township Engineer
and the Department Head of the Department of Code Enforcement and
Zoning for investigation, report and recommendation. The Township
Engineer and the Department Head of the Department of Code Enforcement
and Zoning shall make a report concerning the application to the Township
Committee indicating specifically whether or not the proposed operation
will result in any sharp declivities, pits or depressions, soil erosion
or fertility problems, drainage or sewerage problems or dangerous
or unhealthful conditions and recommend conditions or limitations,
if any, regarding the following:
a.
Areas shown on map, if any, where excavation should not be permitted
because of adverse effects on abutting property or roads.
b.
Changes, if any, in permitted contours and slopes to be accomplished
by proposed removal.
c.
Maximum area from which top soil may be stripped before replacement
to permit soil removal with consideration being given to the number
of cubic yards to be removed and the duration of the requested permit.
d.
Amount of bond to be required to insure the operation of the soil
removal and replacement of top soil in accordance herewith, on a form
to be furnished by the Township.
e.
Capacity of public roads to be used for ingress and egress to withstand
damage from proposed operation.
f.
Quantity and quality of top soil and the amount to be retained for
recovering.
g.
Any other recommended considerations or conditions to protect the
public welfare or adjoining properties or roads and particularly noise,
vibration, dust, pollution of air and water.
[1971 Code § 6-8.7; Ord. No. 2003-21 § 2]
After receiving the report, the Township Committee shall grant
or deny the license, including any renewal, in the order of date of
filing after giving consideration to the Engineer's and Department
of Code Enforcement and Zoning reports. These reports shall be incorporated
in the record by reference, the evidence produced at the hearing and
the effect of such license on the public health, safety and general
welfare. The following shall also be taken into consideration when
granting a license:
a.
Soil erosion by wind and water.
b.
Drainage or sewage problems.
c.
Soil fertility.
d.
Lateral support slopes and grades of abutting roads and lands.
e.
Land values and uses.
f.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township.
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If the Township Committee finds that the license, if granted, will not have an adverse effect on the above considerations, the license shall be issued. Licenses may be issued with reasonable conditions designed to meet the Engineer and Inspection Department recommendations made under subsection 31-2.4.
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No license shall be issued for any premises if the issuance
of the license will create road damage, dust conditions, burdensome
traffic conditions or is otherwise inimical to the public safety,
health or welfare.
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[1971 Code § 6-8.8]
Before any work is done for which a license is required and
during the period covered by a license, the applicant shall file and
maintain a bond in form supplied by the Township Committee with surety
acceptable and in such amount as determined by the Township Committee
to insure the faithful performance of the work to be undertaken pursuant
to the conditions of the license and the terms thereof.
[1971 Code § 6-8.9]
No soil shall be removed nor shall any operation be conducted
so as to violate any of the following conditions after a license is
granted:
a.
The removal of any top soil is prohibited except by license. All
top soil on premises shall be temporarily stored on the premises inside
a fenced area during operations and after grading is completed, respread
on the premises to a depth of not less than four inches.
b.
Not more than three acres shall be excavated at one time, enclosed
with a snow fence, including area used for storage of topsoil, properly
leveled off, cleared of debris and graded to conform with the contour
lines and grades approved by the Township Committee.
c.
No person shall bury any old lumber, building materials, debris,
cut or dead trees, stumps, brush, trash, junk or other similar waste
on any premises for which a license has been issued or proposed, excepting
the vegetation existing on the premises licensed, which shall be deposited
in a specific area designated on the map of the entire premises and
approved by the Township.
d.
The area excavated shall be graded and covered with four inches of
top soil and seeded with perennial grass not later than June 15 or
October 1, whichever date is sooner. If sufficient top soil for four
inches cover is not available from the premises then a cover crop
as prescribed by the Township Engineer shall be spread on the premises.
Thereafter the snow fence may be removed.
e.
The removal shall be completed within a period of three months from
the date of commencement of work or as otherwise provided in the license
due to extended nature of operation. If adverse weather or working
conditions persist, the time period involved may be extended on application
to the Township Committee. The Township Engineer shall be notified
in advance at least one week by the contractor of the date of commencement
of and of the expected date of completion of work.
f.
All excavation of soil or other materials for which a license is
required under this chapter must be made in such manner as to fit
into and be in conformity with the general established grade of the
adjacent roads and the surrounding area which grade shall be established
by the Township Engineer so as to not present drainage or other problems
that may result from improper grade and shall not cause ponding of
water or cause soil erosion detrimental to the Township properties
on the surrounding lands or would render the subject property dangerous
or in unsightly condition as to deteriorate the values of surrounding
properties or subsequently useless for any permitted use in the zone
in which the land is situated.
g.
Soil removed shall not be deposited or in any way thrown or placed
upon adjoining property or public roads.
h.
All operations shall be conducted in strict accordance with any state
law, other ordinances of the Township and the terms of the application
as modified by the license as granted.
i.
The operation shall be so conducted as not to constitute a nuisance
to adjoining owners and in no event shall any sharp declivities, pits
or depressions be created.
j.
Upon completion of an operation or of excavation from an area delineated under subsection 31-2.4c, the area shall be properly leveled off, cleared of debris and graded to conform to the contours and grades as approved by the Township Committee.
k.
No slope along the perimeter of any excavated area shall exceed one
foot vertical to five feet horizontal.
l.
Hours of operation shall be limited from 7:00 a.m. to 7:00 p.m.,
Mondays through Saturdays, inclusive.
m.
The failure to comply with the provisions of this section shall invalidate
a license immediately and constitute reasons for denial of any license.
n.
No storage, stockpiling, mixing or processing of any soil, sand,
gravel, stone, mineral deposits or any one or combination of them
shall be permitted on any premise within the Township not licensed
under this section and no person shall construe a license to cover
any other area or parcel of land other than the area, lot or parcel
as described in the license.
o.
The operation shall be so conducted as not to constitute a nuisance
to adjoining property owners. The license shall not permit any child
upon the licensed premises, or do anything to permit or cause the
licensed premises to be or continue as an attractive nuisance to children,
and in no event shall any sharp declivities, pits or depressions be
created.
[1971 Code § 6-8.10; Ord. No. 2003-21 § 3]
Each operation shall be inspected by the Department of Code
Enforcement and Zoning and the Township Engineer at least once each
month and a written report made of the inspection. The licensee shall
pay the cost of reinspection not exceeding $20 per acre. The above
fee shall be required due to violations found in the course of regular
inspections.
[1971 Code § 6-8.11; Ord. No. 2003-21 § 4]
After reasonable notice and an opportunity to be heard before
the Township Committee, the license of any person may be revoked or
suspended for a period as the Township Committee may determine for
any violation of the terms hereof or the terms and conditions of any
license granted hereunder. The Department of Code Enforcement and
Zoning shall be charged with the enforcement of this chapter.
