[Ord. #1415 § 1]
As used in this chapter:
Shall mean any person who, either directly or through an
agent or independent contractor, engages in land subdivision or in
the construction of two or more houses, business or industrial buildings,
in any subdivision, for the purpose of sale to or occupancy by another
person.
Shall mean any person engaged in the moving, removal or excavation
of soil or top soil from, in or upon the land in the Township.
Shall mean any land in the excess of one acre.
Shall mean to dig, to excavate, to remove, to deposit, to
place, to fill, to grade, regrade, level or otherwise alter or change
the location or contour; to transport; to supply. Move shall not be
construed to include any operation usually and ordinarily associated
with the filling of soil for agricultural or horticultural purposes.
Shall mean any person seized in fee simple of any land, or
having such other interest or estate therein as will permit exercise
of effective possession thereof or dominion thereover.
Shall mean any earth, sand, clay, loam, gravel, humus, rock
or dirt without regard to the presence or absence therein of organic
matter.
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.
[Ord. #1415]
[Ord. #1415 § 2]
No person shall move, or permit to be moved, any soil from,
in or upon any land in the Township, nor shall any person cut down
any bank of soil anywhere in the Township, until a soil permit is
obtained.
[Ord. #1415 § 3]
The application procedure for the issuance of a soil permit
shall be as follows:
a.
On a form supplied by the department of public works the applicant
shall set forth in duplicate,
1.
The identity and address of the applicant.
2.
The description of the land in question.
3.
The identity and address of the owner of the land.
4.
The purpose or reason for moving, removing or filling the soil.
5.
The kind and quantity, in cubic yards of soil to be removed.
6.
In the 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 dates of the commencement and completion of the work.
8.
The type and number of machines or other equipment to be used in
the operation and the daily starting and finishing time during which
machines are to be operated; what fences, barriers or other structures
are to be provided to keep children and others having no business
on the land from being thereon.
b.
Accompanying the application there shall be filed a topographical
map prepared and certified by a licensed civil engineer and land surveyor
in duplicate showing:
1.
The present grade on a 100-foot layout.
2.
The proposed grades at points when the work has been completed.
3.
The quantity, in cubic yards, of the soil involved in the work.
4.
The grades of all abutting streets and lands.
5.
Proposed slopes and lateral supports.
6.
Present and proposed surface water drainage.
c.
In addition to the above requirements of paragraphs (a) and (b) of
this subsection, the applicant shall furnish such other pertinent
data as the director of public works may require after he has had
an opportunity to examine the proposed project; including the extent
(in cubic yards) of top soil to be removed and whether such topsoil
is to be replaced on the site in question or moved to some other location
and if so to what other location.
d.
The application shall be submitted with a permit fee to the order
of the Township in the sum of $10. In the event of a refusal of such
soil permit as hereinafter provided, one-half of the permit fee shall
be returned to the applicant and the other one-half shall be retained
by the Township to cover the expense of the investigation of the project
prior to the refusal to issue the permit.
[Ord. #1415 § 4]
In considering the application, the Township shall be guided
by and shall take into consideration, the following factors:
a.
Soil erosion by water and wind.
b.
Surface water drainage.
c.
Soil fertility.
d.
Lateral support of abutting streets and lands.
e.
Public health and safety.
f.
Land values and uses.
g.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township.
[Ord. #1415 § 5]
Permits under this chapter shall be granted by the Township
Council.
[Ord. #1415 § 6]
In the event the application for soil removal involves the complete
removal of a bank which extends above the elevation of the surrounding
lands or the elevation of a public road or a street adjacent to the
land or lot upon which such removal shall be conducted in such manner
as to leave the final grade of the land or lot from which the bank
is to be removed no lower than the grade of surrounding lands or of
such public road or street. The final grade shall be established and
maintained at a minimum of 1/2 of 1% to insure proper drainage.
[Ord. #1415 § 7]
In the event the application for soil removal involves the partial
cutting down of a bank, such project shall be conducted in such manner
as to leave all sides of the remaining portion of the bank at a slope
of at least 1 1/2 horizontal to one vertical, if the resultant
bank is less than 10 feet in height, and at least three horizontal
to one vertical, if the resultant bank is 10 feet or more in height.
[Ord. #1415 § 8]
Whenever any owner, developer or excavator shall move topsoil
in or upon any land, provision shall be made for the storage of topsoil
within the boundary lines of the land. Except as hereinafter provided,
all of the topsoil so stored shall be uniformly replaced over the
entire area or surface of the land on or before the completion date
set forth in the soil permit, so that the final grade of the replaced
topsoil shall be in accordance with the proposed final grades shown
on the topographical map. No owner, developer or excavator shall remove
to any point beyond the boundary lines of the land any topsoil whatsoever,
unless topsoil not inferior in quality to that to be removed, is replaced
uniformly to a depth of not less than six inches when spread, or not
less than four inches when packed or settled, measured from the proposed
final grades as shown on the topographical map, over the entire surface
or area of the land, excepting only such portions thereof as shall
be, since the date of filling of the topographical map, permanently
covered by a building or structure, street, pavement, curb, sidewalk,
driveway or other paved area, or by any body of water or waterway.
In no event shall the owner, developer, or excavator remove from the
land more topsoil than that comprising the surplus or excess remaining
after the replacement of the topsoil as aforesaid.
[Ord. #1415 § 9]
Every soil removal project authorized pursuant to a permit issued
in accordance with this chapter shall be conducted in such manner
as not to create a condition hazardous to the life or limb of persons
who may go upon the property, or to the health, safety or welfare
of the Township. All boulders, tree stumps, and other debris shall
be removed from the property.
[Ord. #1415 § 10]
Every person who shall transport over the streets, roads or highways of the Township any soil removed from any land or lot pursuant to a soil permit issued in accordance with this chapter shall sweep, pick up and remove or cause to be swept, picked up and removed, all dust, dirt and mud from the roads, streets and highways abutting such land or lot for a distance of 500 feet from the site of the project and for a distance of 500 feet from the point of delivery of such soil, if such point of delivery is located within the Township and shall apply, or cause to be applied, to the streets, for the distance herein specified, a dust preventative whenever the same is necessary or required by the director of public works. In the event of the failure, neglect or refusal of any person to sweep, pick up and remove such dust, dirt or mud, or after notification to do so by any duly authorized agent of the Township, the director of public works is hereby authorized to suspend any soil permit issued to such person for a period of not less than three days or to revoke the same. In the event of revocation, no soil permit shall be issued to such person unless application is again made pursuant to subsection 14-2.2.
[Ord. #1415 § 11]
No soil permit shall be issued unless the applicant therefor
posts with the Township a performance bond in form and with surety
acceptable to the Township. The bond shall be in such amount as the
director of public works shall determine to be reasonable depending
upon the nature and extent of the work to be done and conditioned
upon the full and faithful performance by the principal, within the
time specified in the application, of all the proposed work in accordance
with this chapter and the soil permit issued pursuant thereto.
[Ord. #1415 § 12]
For the purpose of administering and enforcing this chapter,
any duly authorized agent of the Township shall have the right to
enter into and upon which soil moving operations are being conducted,
to examine and inspect such lands.
