[HISTORY: Adopted by the Township Committee of the Township of West Deptford 6-18-1970 by Section 12:4 of the General Ordinances. Section 140-2 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
No person shall excavate or otherwise remove soil or earth for sale or use other than on the premises from which the soil or earth shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, without first having procured a permit therefor from the Township Committee. No excavation shall be made and no soil shall be removed except in conformity with the provisions of this chapter.
The Inspector's Office and the Department of Public Works shall be the enforcement agencies charged with the duty of enforcing the provisions of this chapter.
Application requirements. The Township of West Deptford shall not issue any permit for the removal of soil or earth from the premises for sale or otherwise unless and until the owner of the premises shall first file with the Township Clerk an application requesting such permission, together with maps of the premises showing the contour lines and proposed contour lines and proposed contour grades resulting from such intended removal of soil or earth in relation to the topography of the premises, and the said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Committee of the Township of West Deptford. No such permit for soil or earth removal shall be issued until such map has been approved by the Township Committee of the Township of West Deptford.
Issuance; standards. If after examining the application and the maps provided for in Subsection A of this section, and after the hearing in the event a hearing is requested by the applicant, the Township Committee shall be 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 creating 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, permission to remove the soil shall be granted.
Hearing: request, scope and special consideration. Upon written request for a hearing made by the applicant to the Township Committee of the Township of West Deptford, an opportunity to be heard shall be granted within 30 days thereafter, and the Township Committee, in considering and reviewing the application and in arriving at its decision, shall be guided by and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
Bond required. Before any permit or permission for soil or earth removal shall be granted or issued, the owner or applicant shall file with the Township Committee a bond, in form and with surety acceptable to the Township of West Deptford, in such amount as in the opinion of the Township Committee of the Township of West Deptford shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Township Committee pursuant to the provisions of this chapter.
If permission to remove the soil shall be 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 a manner that the area shall be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as approved by the Township Committee of the Township of West Deptford.