[1973 Code § 9:1-1]
No person (including individuals, company, firm or corporation)
shall:
a. Excavate or otherwise move or remove, or in any way participate in
all or part of the excavation, moving or removal of soil in excess
of five cubic yards for sale or for any use other than on the premises
from which the soil shall be taken; or
b. Excavate, fill or stockpile, or in any way participate in the excavation,
filling or stockpiling of, soil in excess of five cubic yards; or
c. Change the grade or grades of premises, or participate in any way
in the changing of the grade or grades of premises, without first
having procured permission therefor as hereinafter provided; provided,
however, that no permit shall be required for excavation in connection
with the construction or alteration of a building on the premises,
and the grading incidental thereto, if no soil is to be removed from
the premises, and provided, further, that the building permit has
actually been issued therefor.
The term "person" as used herein shall include not only the
owner or owners of the premises involved, but shall also include acts
prohibited, including, but not by way of limitation, any and all employees,
agents or contractors of the owner or owners, and the operators of
any equipment and the drivers of any vehicles or trucks. It shall
not be a defense to this section that a particular vehicle may hold
less than five cubic yards of soil, or that a particular individual
charged with violation of this section actually excavates or otherwise
moves or removes, or fills or stockpiles less than five cubic yards
of soil, if the total work involved shall exceed such amount and thus
require a permit under this section. It is also specifically stated
that paragraphs a, b and c of this subsection are separate items,
and that the five cubic yard requirement of paragraphs a and b is
not applicable to paragraph c.
[1973 Code § 9:1-2]
As used in this section:
SOIL
Shall mean and include soil, dirt, earth, rock, or mixtures
thereof, and like materials.
[1973 Code § 9:1-3]
No application for a permit under this section shall be considered
unless and until the owner of the premises from which the soil is
to be removed, or upon which it is to be placed, or upon which the
grade or grades are to be changed, as the case may be, shall file
with the Township Clerk an application requesting such permission,
together with a map of the premises showing the contour lines and
proposed contour grades resulting from the intended work in relation
to the topography of the premises, and the proposed contour lines
shall be subject to the inspection and approval of the Township Committee.
No such permit shall be issued until such map has been filed, and
until the proposed contour lines and grades have been examined and
approved by the Township Engineer and Township Committee, and no such
permit shall be issued unless and until all municipal taxes on the
premises from which any soil is to be removed have been paid.
[1973 Code § 9:1-4]
The Township Engineer and Township Committee in considering
and reviewing the application and in arriving at their 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. Soil erosion by water and wind;
d. Lateral support slopes and grades of abutting streets and lands;
f. Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township;
g. In the case of cuts into a bank, or a remaining bank, such bank shall
not exceed a slope of one (vertical) on two (horizontal).
If, after examining the application and the map provided for in subsection
15-1.3, the Township Engineer and Township Committee shall be of the opinion that the project proposed 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 depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission shall be granted. Such permission may be granted subject to such conditions as are reasonably necessary to accomplish the purposes of this section. A permit shall expire three months after issuance, but may be renewed.
[1973 Code § 9:1-5]
If the permit 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.
[1973 Code § 9:1-6]
Whether or not a permit is required by this section, no person
shall take away the top layer of arable soil for a depth of six inches
from any premises in the Township, but such top layer of arable soil
to a depth of six inches shall be set aside for retention of the premises,
and shall be respread over the premises when all work has been done.
In any case where soil is removed from or to any premises in
the Township, or any work is done pursuant to a permit required by
this section, or in the case of the change of grade of any premises
in the Township, the resulting areas upon which there is no pavement,
structure or other improvement shall be covered by at least six inches
of arable soil which shall be seeded and landscaped so as to prevent
erosion.
[1973 Code § 9:1-7]
Before any permit required by this section shall be issued,
the owner shall file with the Township Clerk a surety company bond
or other guaranty in an amount to be fixed by the Township Engineer,
after considering the necessities and requirements of the undertaking
and in a form to be approved by the Township Attorney. The bond shall
be conditioned that the work shall comply with the ordinances and
regulations on the subject, and shall be done in proper manner in
accordance with the approved grades, and that the top layer of soil
to a depth of six inches shall be set aside and retained to be respread
over the area when the project has been completed. The bond shall
be further conditioned that repairs at the expense of the owner shall
be made to any street or streets used in transportation if the Township
shall consider repairs necessary because of such use of the streets
and that the work shall be properly done without detriment to adjoining
properties or detriment to the Township and without leaving any sharp
declivities, and cleared of debris, and that the owner, or the one
performing the operation, shall pay the costs of engineering, inspection,
supervision and street cleaning incurred by the Township during the
progress of the work.
[1973 Code § 9:1-8]
In the removal of soil, or transportation of same, only such
streets within the Township shall be used as may be designated for
that purpose by the Township Engineer and such streets shall be kept
free from dirt resulting from such work.
[1973 Code § 9:1-9]
No permit required hereunder shall be issued until the maps
hereinbefore referred to, and the proposed grades have been approved,
and until the bond hereinbefore provided for shall have been filed
with the Township Clerk, together with a fee in accordance with the
following table of rates for issuance of the permits:
More than 5 but less than 100 cubic yards
|
$5
|
101 - 500 cubic yards
|
$10
|
501 - 1,500 cubic yards
|
$15
|
1,501 cubic yards and over
|
$25
|
A properly approved and properly signed permit must be in the
possession of the person, company, firm or corporation desiring to
do the work before any work is commenced, and it shall be the responsibility
of the owner to see that the permit is in such possession.
|
[1973 Code § 9:1-10; Ord. No. 2013-802]
Whether or not a permit is required by this section, no person
shall excavate any lands or premises within the limits of the Township
for the erection, construction, or alteration of any house or building
in the Township, without completing the construction to above ground
level within three months after the date of the issuance of a building
permit for the same.