[Adopted 12-31-2001 by Ord. No. 2001-37 as § 17-1 of the 2001 Code]
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, except in connection with the construction or
alteration of a building on such premises, and excavation or grading
incidental thereto, without first having procured permit therefor
from either the Township Engineer or approving authority.
Soil removal operations shall be specifically prohibited in all residential and business districts as established by Chapter 142, Land Use; provided, however, that this shall not prevent the removal of soil within the districts if it is determined by the approving authority upon granting tentative subdivision approval or upon granting site plan approval that it is necessary to remove a small quantity of soil to provide for the construction of dwellings or commercial structures in conformity with the natural terrain and topography of the land.
[Amended 2-12-2009 by Ord. No. 2009-10]
The approving authority 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 Engineer an application requesting such permission,
together with a map of the premises showing the contour lines and
proposed contour grades resulting from such intended removal of soil
in relation to the topography of the premises, and the proposed contour
lines and proposed grades shall be subject to the inspection and approval
of the approving authority No such permission for soil removal shall
be issued until such map has been filed and until the proposed contour
lines and grades have been approved by the approving authority.
A.
The approving authority, 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:
B.
If, after examining the application and the map provided for in § 216-3, the approving authority shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety; will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values; and will not create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
If permission to remove the soil 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 with the contour lines and grades as approved
by the approving authority.
The owner of the premises or the person in charge
of the removal of soil, when permission has been duly granted, shall
not take away the top layer or arable soil for a depth of six inches,
but such top layer of arable soil to a depth of six inches 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 approving authority.
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the governing body a bond, in a form and with surety acceptable to
the Township of Robbinsville, in such amount as in the opinion of
the Township Engineer shall be sufficient to insure the faithful performance
of the work to be undertaken.
No excavation shall be made and no soil shall
be removed under the provisions of this article unless a permit therefor
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 article.
