As used in this chapter, the following terms
shall have the meanings indicated:
SOIL
Those portions or components of the earth's surface commonly
known as soil, topsoil, dirt, clay, marl, earth, whether fertile or
infertile, sand or gravel, or any combinations of them with each other
or with any other common components of the earth's surface, such as
rocks, stones, pebbles or other decomposed vegetative or animal matters
or mineral components of the earth's surface.
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 without first having procured permission therefor
from the Township Council, except:
A. In connection with the construction or alteration
of a building on such premises, and excavation or grading incidental
thereto.
B. In connection with the removal of topsoil that is
incidental to normal production of cultivated sod and nursery crops.
C. In connection with the construction and maintenance
of irrigation systems and retention ponds on premises located within
the Township and engaged in active farming and agricultural use. Any
soil removed for this purpose shall be retained on the premises from
which it is removed and shall be used for the purpose of filling in
the retention pond or ponds or irrigation system, or any part thereof
when the same is no longer utilized or needed for active farming and
agricultural purposes.
An applicant for permission to remove soil from
his/her premises may request a hearing before the Township Council
by notifying the Township Clerk, in writing, when submitting his/her
application that (s)he desires to be heard on the application. In
such event, a hearing shall be granted within 45 days thereafter at
a time and place to be determined by the Council, which time may or
may not be a regularly scheduled meeting of the Council The Township
Clerk shall notify the applicant by letter, addressed to the address
listed on the application form, of the time and place set for the
hearing. The applicant, upon receipt of such notice, shall give written
notice of the hearing to the property owners within 200 feet of the
premises, of the time, place and purpose of such hearing and their
right to attend and be heard. Proof that such notice was given to
those property owners shall be submitted by the applicant to the Council
at the time of the hearing.
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the Township Council a bond, in form and with surety acceptable to
the Township, in such amount as in the opinion of the Council shall
be sufficient to ensure the faithful performance of the work to be
undertaken pursuant to the permission granted by the Council pursuant
to the provisions of this chapter. The amount of the performance bond
shall be reviewed and increased or decreased, whichever the case may
be, at the time of the application for a renewal of the permit, if
any.
The Township Engineer shall make periodic inspections
of any site for which permits have been issued pursuant to this chapter.
The minimum number of inspections and the maximum time intervals between
inspections shall be determined, for each individual site for which
a permit may be issued, at the time of the issuance of such permit.
A written report of the results of such inspection shall be given
to the Township Council and a copy of the same forwarded by regular
mail to the owner of the premises or the person in charge of the soil
removal operation.
A soil removal permit is not transferable. Whenever
a soil removal business changes ownership, application for a new permit
shall be made in accordance with the provisions of this chapter.
It shall be the duty of the Construction Code Official to enforce all provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter, upon conviction thereof, shall be punishable for each offense as provided in Chapter
1, General Provisions, Article
III, Penalties and Enforcement, of the Code of the Township of Springfield. Each and every violation of and nonconformance with the provisions of this chapter, and each and every day that a violation continues shall be construed as a separate and distinct offense.