[HISTORY: Adopted by the Township Council of the Township
of Gloucester 3-6-1973 by Ord.
No. O-73-03.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance supersedes former Ch. 71, Soil
Removal for Sale, adopted 7-17-1952 by Ord. No. 175.
This chapter may be known and may be cited as the "Gloucester
Township Soil Removal Ordinance."
For the purpose of this chapter, unless a different meaning
clearly appears from the context, the following words shall be defined
to include and to mean the following:
The Township Council of the Township of Gloucester.
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Township of Gloucester
or in the office of the Camden County Register of Deeds.
A soil removal permit used under the terms hereof.
An individual, partnership, corporation or any other entity.
One or more lots or contiguous parcels of land in single
ownership, which ownership can be ascertained by reference to the
maps and records, or either, in the office of the Tax Assessor of
the Township of Gloucester or in the office of the Camden County Register
of Deeds.
Both surface (topsoil) and subsoil, and shall include dirt,
stone, gravel, sand, humus, clay, loam, rock and mixtures of any of
these.
The Township of Gloucester, Camden County, State of New Jersey.
[Amended 2-26-1979 by Ord. No. O-79-15]
A.
No person shall excavate for the removal of soil or otherwise remove
soil for sale or for use other than on the premises from which the
soil shall be taken without first having obtained a permit therefor
approved by the Council, which permit shall be conspicuously posted
and displayed on the entrance to the premises.
B.
No owner of any premises in the Township of Gloucester shall cause,
allow, permit or suffer any excavation for or the removal of soil
upon such premises for sale or for use other than on the premises
from which the soil shall be taken, without either said owner or the
person excavating or otherwise removing the soil first having obtained
a permit therefor approved by the Council, which permit said owner
shall cause to be conspicuously posted and displayed on the entrance
to the premises.
C.
No owner or person shall post or display, or cause to be posted or
displayed, a permit for excavation for or the removal of soil upon
any premises in the Township without said permit first having been
properly approved, issued and obtained in accordance and in compliance
with the provisions of this chapter.
D.
No permit shall be required if such soil removal is incidental to
the erection of a building and the total sum of all soil to be removed
does not exceed 1,500 cubic yards.
[Added 2-26-1979 by Ord.
No. O-79-19]
[Amended 2-26-1979 by Ord. No. O-79-15]
Before the issuance of a permit, the applicant shall make application
therefor on a form provided by the office of the Township Clerk and
furnish in said application and accompanying documents the following:
A.
The name and address of the applicant; if the applicant is a partnership,
the partnership name and business address, together with the names
of all partners and their residential addresses; if the applicant
is a corporation, the name of the corporation, the place of business
of such corporation, the date and state of incorporation, the names
and addresses of all officers and the positions held in such corporation,
together with the names and addresses of all directors of such corporation,
the names and addresses of all stockholders holding 10% or more of
the stock of the corporation and the name and address of the legal
representative of the corporation, if any.
B.
The name and address of the owner or owners of the premises involved;
if the owner or owners are a partnership, then the partnership name
and business address and the names of the partners, together with
their residential addresses; if the owner is a corporation, the name
of the corporation, its place of business, the date and state of incorporation,
the names and addresses of all officers and the positions held in
the corporation, the names and addresses of all directors, the names
and addresses of all stockholders holding 10% or more of the stock
of the corporation and the name and address of the legal representative
of the corporation, if any.
C.
A detailed description of the premises and its location, together
with the Gloucester Township Tax Map plate, block and lot number or
numbers where the excavation or soil removal is to be conducted.
D.
A map of the premises for which the permit is sought, showing the
existing topographical contour lines of the land involved and abutting
lands and roads within 200 feet; the proposed topographical contour
grades which will result from the intended soil removal; all roads
and buildings, streams and bodies of water within 200 feet of the
premises; the names and addresses of adjoining landowners within 200
feet; existing water drainage conditions; all wooded areas; the limit
of the area or areas on the premises within which the soil operations
or removal is to be conducted and, unless specifically waived by the
Council, the dimensions of the premises or lot; the existing elevations
of the lands, buildings, structures, streets, streams, bodies of water
and watercourses on the premises or lot and within 200 feet of said
premises or lot and the proposed final elevations at each point where
existing elevations are shown on the map which are to be changed as
a result of completion of the proposed work; the proposed slopes and
lateral supports at the limits of the area, upon completion of the
excavations and soil removal operations; the proposed provisions and
facilities for water drainage; and an accurate cross section or sections
showing the location or locations in quantities, in cubic yards, of
soil to be removed; and unless specifically waived by the Council,
the map shall be prepared by a licensed engineer of the State of New
Jersey.
E.
If the owner is not the applicant, written consent of the owner to
the application and proposed excavation and soil removal shall be
submitted with the application as well as a statement of the relationship
between the owner and the applicant.
F.
Plans showing the place or places where the entrances or exits to
the excavation or area of soil removal operation fences or buildings
are to be located.
G.
Statement of the type of equipment and apparatus to be used in the
excavation and soil removal operations.
H.
Statement of the hours during which the excavation and soil removal
operations are intended to be conducted.
I.
Proof of liability insurance coverage in amounts of not less than
$100,000 for each person injured, $300,000 total for each accident
causing personal injury and $50,000 for property damage for each accident.
This requirement may be waived or otherwise reduced by the Council
upon request.
J.
A description of any processing of the soil which will be done or
conducted on the premises, including a description of equipment and
plans of such processing equipment and facilities.
K.
The number of total cubic yards of soil to be removed pursuant to
the permit.
L.
An estimated period of time for which the excavation or soil removal
operations will be conducted and the removal completed.
M.
Routes to and from the premises and proposed site of the excavation
and soil removal operations which will be used for the transportation
of the soil to be removed.
N.
Statement of the place or places to which the soil is to be removed
pursuant to the permit.
[Amended 12-18-1973 by Ord. No. O-73-30; 2-26-1979 by Ord. No. O-79-15]
A.
Each application for soil removal shall be accompanied by the deposit
of a fee in the amount of $25, plus $2 for each 100 cubic yards or
parts thereof in excess of the first 1,000 cubic yards of soil to
be removed, but not to exceed the sum of $5,000. Said fee shall cover
the costs of investigating and examining the application and information
therein, legal services and engineering services, review by the Township
Planning Consultant and environmental consultants, notices, hearings
and other processing costs.
[Amended 2-26-1979 by Ord. No. O-79-19]
B.
In the event that the application is denied, the fee deposited shall
be returned to the applicant after deducting actual costs of investigation,
legal and engineering services, review by the Township Planning Consultant
and environmental consultants, costs of notices, hearings and other
processing costs incurred by the Township.
[Amended 2-26-1979 by Ord. No. O-79-15]
A.
Six copies of the application and accompanying documents shall be
filed with the Township Clerk, and the fee shall be paid to the Township
Treasurer, who shall issue a receipt therefor and indicate the amount
of fee deposited on each copy of the application in a space provided
for such purpose on the application form. The Township Clerk shall
file the original application form, with the time and date of filing
marked thereon, and promptly refer and forward one copy each of the
application to the Township Engineer, Township Planning Consultant,
Camden County Soil Conservation District and the Township Environmental
Committee or Commission, if one is established, for their investigation,
report and recommendation, and deliver the remaining copy of the application
to the Township Manager.
[Amended 1-12-1981 by Ord. No. O-80-46]
B.
The Township Manager shall make a report concerning the application
to the Council, indicating among other pertinent information whether
the proposed operation will result in any sharp declivities, pits
or depressions, soil erosion, flooding, fertility problems, drainage
or sewerage problems or other dangerous conditions regarding the permit
to be issued, as well as areas shown on the map, if any, where excavation
should not be permitted because of adverse effects on abutting property
or roads; changes, if any, in permitted contours and slopes to be
accomplished by proposed removal; area from which topsoil may be stripped
before replacement thereof to permit soil removal, with consideration
being given to the number of yards to be removed and the duration
of the requested permit; capacity of the public roads used for ingress
and egress to withstand damage from the proposed operation; and other
recommended considerations and conditions to protect the public welfare
or adjoining properties, roads and streams.
C.
Within 10 days of the receipt of the above-required reports and recommendations,
the Township Clerk shall notify the applicant of the time, place and
date of a public hearing to be conducted by the Council upon the application,
which public hearing shall be held not less than 15 days nor more
than 60 days from the date of the issuance of notice to the applicant
by the Township Clerk.
D.
In the event of such hearing, the applicant shall be required to
serve notice of the application and the time, place and date of the
hearing to all property owners, as indicated on the Tax Map of Gloucester
Township, who are within 200 feet of the outside boundaries of the
premises from which soil is to be removed or excavations conducted
thereon and for which a permit is sought. Said notice shall be served
personally upon said property owners or by certified mail, return
receipt requested, not less than 10 days prior to the date on which
the hearing is to be held, and the applicant shall submit, at the
time of hearing, proof of service of such notice to property owners
in affidavit form.
E.
Also, in the event of such hearing, the Township Clerk shall cause
public notice of the application and the time, place and date of public
hearing to be published in the legal newspaper of the Township at
least seven days prior to the date of the hearing. Said publication
shall also indicate the premises for which the permit is sought by
plate, block and lot number, as well as by a street address or general
location.
[Amended 2-26-1979 by Ord. No. O-79-15]
A.
At the public hearing, the Council may receive testimony and further
evidence from the applicant, and inform any interested person, and
reports from any Township officials relevant to the application and
the issuance of a permit.
B.
In considering and reviewing the application and in arriving at its
decision, the Council shall be guided and take into consideration
the reports and evidence adduced at the public hearing and the effect
of the issuance of the permit on the public health, safety and general
welfare and particularly, but not in limitation thereof, the following
factors:
(1)
Soil erosion by water and wind.
(2)
Drainage or sewerage problems.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting roads and lands.
(5)
Land value and uses.
(6)
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township and any
environmental impact thereon.
C.
If the Council is of the opinion and determines that the proposed
excavations or soil removal will not have an adverse effect on the
above considerations and will not create conditions inimical to the
public health, safety and welfare and will not result in the creation
of any sharp declivities, pits, depressions, soil erosion or fertility
problems, depressed land values, or create any drainage or sewerage
problems or other conditions of danger to life, personal safety or
property, then the Council shall by resolution approve the application
and accompanying documents subject to such reasonable conditions or
restrictions designed to meet the engineering recommendations or other
adverse objections to the application or proposed excavations or soil
removal as the Council may impose. If any application is so approved
by the Council and the applicant complies with other provisions of
this chapter, then the Township Clerk, within five days thereafter,
shall issue a permit in accordance with such approval and pursuant
to the provisions of this chapter. If the application is not approved
by the Council, then the Township Clerk, within five days of such
determination, shall notify the applicant in writing of such denial,
together with the reasons therefor.
D.
Notwithstanding anything herein to the contrary, it shall be a condition
precedent to the approval of any application or the issuance of any
permit under this chapter that an application for soil removal be
first filed with the Camden County Soil Conservation District and
that the Camden County Soil Conservation District approve such soil
removal.
[Added 1-12-1981 by Ord.
No. O-80-46]
After the Council approves an application but before a permit
is issued by the Township Clerk and any work for which a permit is
required under the provisions of this chapter is done, the applicant
shall file and maintain a bond during the period covered by such permit,
which bond in substance and form shall be acceptable to the Council
and in such amount as in the opinion of the Council will be sufficient
to insure the faithful performance of the work to be undertaken pursuant
to the conditions of the permit and the provisions of this chapter.
In no event will the filing of a bond be deemed to be approval of
a permit required hereunder.
The permit shall be on a form prescribed by the Council. It
shall be dated as of the date it is actually issued by the Township
Clerk and shall be signed by the Mayor. The term of the permit shall
not exceed one year. All permits shall automatically terminate on
the expiration date unless application for renewal has been made in
writing, and the Council may extend such permit by resolution for
additional one-year periods. No public hearing shall be required upon
such an extension, unless the Council shall determine that further
investigation or information is desirable in the interest of public
health, safety and welfare.
No permit shall be transferable from the applicant to whom the
permit is issued to any other person or persons.
No excavation shall be made or soil removed, nor shall any operation
be conducted, so as to violate any of the following conditions after
a permit is issued:
A.
All topsoil on premises shall be stored temporarily 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 grade recommended for approval by the Township Engineer
to the Council and approved by the Council. The Township Engineer
may recommend to Council a waiver of the three-acre limitation at
any one time. In the event the Council approves such recommendation,
the area of work shall encompass that area so recommended by the Township
Engineer to the Council.
C.
All trees, stumps, brush, etc., shall be removed monthly and not
buried on the premises.
D.
The area excavated shall be graded and covered with four inches of
topsoil and seeded with perennial grass during the planting season.
If sufficient topsoil 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.
Soil removal shall not be deposited or in any way thrown or placed
upon the adjoining property or public roads.
F.
All operations shall be conducted in strict compliance with any and
all applicable state or local laws, ordinances or regulations, as
well as this chapter and the terms and conditions upon which the application
as modified by the permit set forth.
G.
The operations shall be conducted so as not to constitute a nuisance
to adjoining owners, and in no event shall any sharp declivities,
pits or depressions be created.
H.
Upon completion of operations or excavation, the area of the premises
involved shall be properly leveled off, cleared of debris and graded
to conform to the contours and grades as approved by the Council.
I.
No slope along the perimeter of any excavation area shall exceed
one foot vertical to five feet horizontal, unless specifically waived
by the Council at the public hearing.
K.
The permittee shall be allowed to continue in operation so long as
said permittee complies and conforms to the contours and grades set
forth in the topographical survey map as approved by the Council upon
the recommendations of the Township Engineer.
L.
Where by reason of extraordinary or exceptional configuration, topography,
conditions or situations of the premises the strict application of
any regulation or condition set forth in this chapter would result
in peculiar and exceptional practical difficulties to or exceptional
and undue hardship upon the applicant, the Council may authorize or
grant a variance from such strict application so as to relieve such
difficulties or hardship. The Council may authorize or grant a variance
from such strict application in particular cases and for special reasons.
However, no variance shall be authorized or granted unless such relief
can be authorized or granted without substantial detriment to the
public good and will not substantially impair the intent and purpose
of this chapter.
[Added 12-18-1973 by Ord.
No. O-73-30]
The permittee shall permit inspection of the premises at all
reasonable business hours by members of the Council or by such persons
as the Council may lawfully authorize to inspect and report thereon
to the Council. Every operation shall be inspected by the Township
Engineer once every four months during the period of time that the
operation of the permittee is being conducted. The permittee shall
pay the cost thereof, which cost shall be included as part of the
fee originally deposited, or if said fee as originally deposited shall
be of sufficient amount to cover such costs of inspection, then the
permittee may be billed therefor at the cost of $50 per inspection.
In the event a reinspection is required by reason of violations found
in the course of regular inspections, the permittee shall pay the
costs for such reinspections at the aforesaid rate.
A.
The Council may, for reasons of public health, safety and welfare,
determine the routes to be utilized by the permittee within the Township
in transporting soil removal, and every person who shall transport
over the streets, roads and highways in the Township any soil removed
from any lands or premises within the Township pursuant to a soil
removal permit issued in accordance with this chapter shall sweep,
pick up, remove or cause to be swept, picked up or removed all dust,
dirt and mud from said roadways, streets or highways, and shall apply
or cause to be applied to said roadways, streets or highways a dust
preventative wherever the same shall be determined necessary and communicated
to the permittee by the Township Engineer.
B.
In the event of the failure, neglect or refusal of any person to
so sweep, pick up, remove dust, dirt and mud, or to apply a dust preventative
when required under this section, the Council is authorized to suspend
any soil permit issued for a period of not less than three days or
revoke said soil removal permit as hereinafter provided.
Upon 10 days' notice and an opportunity to be heard before the
Council, the permit of any person may be revoked or suspended for
such time or period as the Council may determine for any violation
of the terms hereof or the terms and conditions of any permit granted
or issued hereunder.
This chapter shall not be construed nor is it intended to require
a permit for any excavation or removal of soil for the preparation
of a lawn, sidewalk or driveway or for excavations for septic tanks
or for shallow drainage ditches or filter beds or like sanitary improvements,
nor is it to be construed or intended to require a permit for any
state, county or municipal work or excavations to be done or performed
in the Township, nor shall it apply to any soil removal operations
conducted by the municipality or any person or persons under contract
for excavation or removal of soil with the municipality, including
municipal landfill operations or such conducted under the municipal
contract.
In addition to action on the bond required or the revocation
provided for herein, any person who violates this chapter or any director
or officer of a corporation who participates in a violation of this
chapter shall, upon conviction thereof, be subject to a fine not exceeding
$500 or imprisonment not exceeding 90 days, or both, in the discretion
of the Municipal Judge before whom such violation is tried. Each day
that a violation continues shall be considered a separate and distinct
violation thereof.
All ordinances and provisions thereof inconsistent with the
provisions of this chapter shall and are hereby repealed to the extent
of such inconsistency.
If any article, section, subsection, sentence, clause or phrase
of this chapter is for any reason held to be unconstitutional or invalid,
such decision or invalidity shall not affect the remaining portions
or provisions of this chapter.
This chapter shall take effect immediately after final passage
and publication in accordance with the laws of the State of New Jersey.
