[1977 Code § 95-1; Ord. No. 4-84; Ord. No. 8-85]
a.
No person shall excavate or otherwise remove soil for sale or for
use other than on the premises from which the soil shall be taken
without first having procured a permit from the Township Committee,
except for the removal of soil resulting from:
1.
The excavation of a foundation for a building or structure and minor
grading incidental thereto in an amount not exceeding 500 cubic yards
per building or structure.
2.
The excavation of an irrigation pond or ponds for agricultural purposes.
3.
The normal digging or cutting of any living flower, shrub, bush,
tree, sod or turf for removal from the premises.
b.
The Township Committee may grant a permit to remove soil from a property,
or properties, the removal of which is not excepted under paragraph
a above, upon satisfactory evidence having been submitted to it that
the removal of the soil requested is either necessary to render the
property suitable or that it will substantially enhance the suitability
of the property for a use permitted under the land development regulations.
Permit to remove soil shall not be granted when the sole or primary
purpose is the sale of the soil or where, in the opinion of the Township
Committee, the resultant finished grades of the property or other
conditions to be created are not good design practices, particularly,
but limited to, the relationship of the proposed finished grades to
the existing elevations of surrounding properties, road and watercourses.
[1977 Code § 95-2; Ord. No. 4-84]
The Township Committee shall not consider any application for
the removal of soil 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 permit, together with an application
fee of $2,500 together with the following:
a.
The identity and address of the applicant.
b.
A description of the land in question, lot, block and Tax Map page
number, topographical map and air photo. The map shall be prepared
by a New Jersey licensed land surveyor or professional engineer, as
required.
c.
The identity and address of the owner of the land.
d.
An estimate of the type and number of machines and other equipment
to be used in the operation, and the daily starting and finishing
time during which such machines are to be operated. Fencing must be
provided to protect children and other unwary persons from gaining
access thereto.
e.
Soil Borings; Change in Grade.
1.
The applicant shall obtain soil borings and water determinations
at the rate of one for every five acres of land uniformly distributed
over the site. The borings shall extend to a point at least eight
feet below the proposed finished grade. The results of the test borings
shall be submitted with the application. The applicant shall notify
the Engineer's office at least 48 hours prior to the commencement
of the boring, and the Township Engineer or his representatives shall
be permitted to be present to witness the boring or verify any information
obtained therefrom. The persons performing the boring shall cooperate
in obtaining such additional information as the Township Engineer
shall reasonably request and shall take such additional borings at
the time as he may direct.
2.
If at any time during the excavation operation, groundwater, springs
or other water or drainage conditions are encountered whereby a change
in the plan with respect to the proposed finished grade, drainage
facilities or other changes are desired or necessary in order to not
result in conditions adversely affecting the property or adjoining
property owners or Township roads or County roads or other public
facilities, such changes, additions or requirements as imposed by
the Township Engineer shall be complied with, subject to the concurrence
and approval of the Township.
[1977 Code § 95-3; Ord. No. 4-84; Ord. No. 3-85]
a.
Upon written request for a hearing made by the applicant to the Township
Committee, 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 and
take into consideration the public health, safety and general welfare,
and particular consideration shall be given to the following factors:
1.
Soil erosion by water and wind.
2.
Drainage.
3.
Soil fertility.
4.
Lateral support slopes and grades of abutting streets and lands.
5.
Land value and uses.
6.
The number of acres for the area to be excavated shall be set forth.
7.
The replacement of topsoil reseeding and replacement of other vegetation
shall be provided.
8.
The route of trucks shall be determined in order to prevent road
damage.
9.
The volume of earth to be removed shall be determined.
10.
The method used to control soil erosion shall be considered.
11.
Such other factors as may bear upon or relate to the coordination,
adjusted and harmonious physical development of the Township.
b.
If, after examining the application and the map provided for in Section 25-2 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 creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values, nor create any drainage or sewerage problems or other conditions of danger, permit to remove the soil in accordance with the approved plan shall be granted.
c.
The applicant shall be responsible for the payment of all reasonable
fees of the Township Engineer as may be required in connection with
the review of this application up to an amount not to exceed $500
per month, whether the pit is in use or not. The costs shall include
the inspection which shall be paid by the applicant, together with
the costs for the report which will be required by the Township Committee.
[1977 Code § 95-4; Ord. No. 4-84; Ord. No. 3-85]
If permit to remove the soil shall be granted, the owner or
person in charge shall conduct the operations 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 to the contour lines and graded, as approved by
the Township Committee; and if a permit to remove the soil shall be
granted, the owner or person in charge will so conduct the operations
that the removal of the soil shall not be below the finished elevations
shown on the approved plan. The owner shall be required to fence the
area being excavated and shall secure the same with a gate.
[1977 Code § 95-5; Ord. No. 4-84; Ord. No. 3-85]
The owner of the premises or the person in charge of the removal
of soil, when a permit has been duly granted, shall not take away
any of the top layer of arable soil, but such top layer of arable
soil 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,
pursuant to levels and contour lines approved by the Township Committee,
unless permit to remove such soil shall be granted by the Township
Committee.
[1977 Code § 95-6; Ord. No. 4-84]
Before any permit for soil removal shall be granted or issued,
the owner-applicant shall file with the Township Committee a bond,
in the form and with surety acceptable to the Township Committee,
in such amount as, in the opinion of the Township Committee, shall
be sufficient to ensure the faithful performance of the work to be
undertaken therewith to the permit granted pursuant to the provisions
of this chapter and shall sign an agreement with the Township Committee,
which agreement shall embody all the requirements and shall include,
among other things, the period of time during which this permit shall
be effective and the procedure to be followed for the renewal of the
permit. The permit shall not be transferable without the express approval
of the Township Committee. The permit shall not be in excess of seven
years without application for renewal. The permit shall be renewed
on October 1 of each year after inspection by the Township Engineer,
only if the operator is in complete compliance with this chapter.
This is to be done each year for the term of the permit.
[1977 Code § 95-7; Ord. No. 4-84]
No excavation shall be made and no soil shall be removed under
the provisions of this chapter, unless a permit shall have been first
obtained as provided herein, and no excavation shall be made and no
soil shall be removed, except in conformity with the provisions of
this chapter.
[1977 Code § 95-8; Ord. No. 4-84; Ord. No. 112-03]
Any person violating any of the provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.
