The Council, in order to promote, develop and
maintain a harmonious balance between man and the natural processes
and to effectuate the general purpose of municipal planning, with
an intent towards the promotion of sensitive land development, the
guiding of inevitable land development and the opposition to unnecessary
or detrimental land development and the deterioration of property
values, through the consideration of aesthetics, good landscaping
and sound engineering practice, hereby finds and determines that the
unregulated and uncontrolled relocation, excavation and removal of
soil on a large scale has or will result in conditions detrimental
to the public safety, health and general welfare and to the development
of the Township.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
APPLICANT
The person requesting a soil removal permit as provided for
in this chapter.
DEVELOPER
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision for the
purpose of sale to or occupancy by another person or persons.
EXCAVATOR
Any person engaged in the moving, removal or excavation of
soil from, in or upon any land in the Township.
LOT
A parcel or plot of land occupied or designed to be occupied
by a building and its accessory building or by a dwelling group and
its accessory buildings, together with such open spaces as are arranged
and designed to be used in connection with such building.
MOVE
To dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of land;
to plow, spade, cultivate, harrow or disc the soil; or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
OWNER
Any person seized in fee simple of any lot, subdivision or
premises or having any interest or estate therein which would permit
effective possession thereof or dominion therefor.
PREMISES
One or more contiguous lots in single ownership.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
TOPSOIL
The top layer of soil (usually eight to 10 inches deep) in
which most of the organic matter occurs and where leaching of the
suspended and dissolved solids is the greatest.
[Amended 4-16-1987 by Ord. No. 1330]
Should the Township Engineer find and determine
that the excavation, grading or removal of the amount and type of
soil applied for is necessary and essential to the development or
improvement of the premises and that the applicant has complied with
the provisions hereof and all other applicable ordinances, then the
appropriate soil removal permit may be issued. If the lot is part
of an approved subdivision or site plan presently under construction,
then a permit shall be required only if the soil is to be removed
from the subdivision premises or premises within the site plan.
Applications shall contain the following information
in a form and to a degree to be determined by the Township Engineer:
A. The names and addresses of the applicant, the owner,
the developer and the excavator.
B. The lot and block numbers of the land from which soil
is to be removed, as shown on the current Tax Map of the Township.
C. The location to which soil is to be removed.
D. The route to be taken during the removal operation.
E. The reason for removing soil.
F. The proposed dates for the commencement and completion
of the soil removal, not to exceed three months for any single application.
G. A map of the lot showing the present contour lines
and the proposed future contour lines resulting from the intended
excavation or redistribution of soil and the location of streams,
watercourses or other environmentally sensitive areas, if different
from any such information appearing on an approved site plan or subdivision.
H. The amount of soil and/or topsoil to be removed from
the site and the amount of soil and/or topsoil to remain on the site.
I. Such other pertinent data as the Township Engineer
may deem necessary.
If an application is denied, the applicant may
appeal the decision of the Township Engineer by filing a written notice
of appeal with the Council within 10 days after receiving the notice
of denial of the application.
A fee of $250 shall accompany each application
to cover the cost incurred in investigating and processing the application
and will be retained by the Township whether the permit is issued
or denied.
Before the permit is issued, the applicant shall
file with the Township Engineer cash, certified check, letter of credit
or a bond executed by the applicant as principal and a surety company
licensed to do business in the State of New Jersey as surety unless
the applicant, owner or developer has previously posted such security
covering the work to be performed hereunder in connection with an
approved subdivision or site plan. The amount of the bond shall be
determined by the Township Engineer but in no event shall be less
than $1,000 and shall be conditioned as follows:
A. That the applicant will complete the work authorized
by the permit in conformity with the terms of the permit and the provisions
of this chapter on or before the date of completion set forth in the
application.
B. That the applicant will repair any public street,
structure or land which may be damaged as a result of the work authorized
by the permit.
[Added 4-16-1987 by Ord. No. 1330]
Nothing in this chapter shall be deemed to apply
to any licensed sand bank, pit or quarry, except to the extent that
the operator of any such sand bank, pit or quarry seeks to remove
topsoil, in which case this chapter shall be fully applicable.
Nothing in this chapter shall be construed to
prevent the Township from taking injunctive proceedings to restrain
removal of soil as described in this chapter.
Any officials from the Township and their agents
shall have the right at all times to inspect any property where a
permit has been issued under this chapter.
Topsoil which is to remain for future use shall
be stored and maintained at designated locations within the permit
area, in accordance with an ordinance to regulate and control the
destruction and removal of trees, the movement of topsoil, erosion
of soil and sedimentation within the Township of Franklin.
[Amended 4-23-2002 by Ord. No. 3289]
Any person, firm or corporation who or which shall violate any provision of this article shall pay the required fees in connection with the permit as outlined herein, plus a cost of $5 for each and every cubic yard of material that has been removed from the site, as determined by the Township Engineer. Such person, firm or corporation shall also be liable to the penalties as provided in Chapter
1, Article
II, General Penalty. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense.