The Township Council finds that the unregulated and uncontrolled
removal of soil from lands within the Township has resulted in conditions
detrimental to the health, safety and general welfare, substantially
hampering and deterring the efforts of the Township to effectuate
the general purposes of municipal planning; and that such regulated
and uncontrolled soil removal from lands located within the Township
has created in the past and will create in the future one or more
of the following conditions: soil erosion by water and wind; inadequate
and improper surface water drainage; decrease in soil fertility; siltation
of streams; removal of lateral support abutting streets, lands and
premises; creation of excessive amounts of dust and mosquito breeding
places; deposit on Township streets of large quantities of dust, mud
or dirt; creation of dangerous depressions or pits; deterioration
of property values; the rendering of lands unfit or unsuitable for
their most appropriate uses; and the creation of other conditions
hampering and deterring the coordinated and adjusted and harmonious
development of the Township.
This chapter shall be known and cited as the "Howell Township
Soil Removal/Filling Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
The owner or contract purchaser or an authorized agent of
land upon which soil removal/filling activities are to take place.
EXCAVATOR
Any person engaged in the moving, removal or excavation of
soil or topsoil from, in or upon any land in the Township.
FILL
Fill shall be constructed of soil or rock materials or a
combination of these materials meeting the following gradation. These
materials shall be free from stumps, roots, weeds, sod, rubbish, garbage,
and any other material that may decay. Fill shall also be free of
any chemical or physical contamination in accordance with NJDEP guidelines.
Sieve Size
|
Percentage By Weight Passing
|
---|
2 inch
|
100
|
3/4 inch
|
70 to 100
|
No. 4
|
30 to 90
|
No. 50
|
10 to 35
|
No. 200
|
0 to 12
|
MOVE
To dig, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of land
or to transport or supply soil. This term shall not be construed to
include plowing, spading, cultivating, harrowing or discing of soil,
or any other operation usually and ordinarily associated with the
tilling of soil for agricultural purposes.
PERMIT
A soil removal or fill permit issued under the terms of this
section.
PREMISES
One or more contiguous parcels of land in single ownership.
Parcels shall not be deemed to be contiguous if separated by a road,
railroad, right-of-way, brook, stream or other natural division.
RETAINING WALL
A structure constructed and erected between lands of different
elevations to protect structures and/or prevent erosion.
TOPSOIL
Soil that, in its natural state, constitutes the top layer
of earth and is composed of 2.75% or more, by weight, of organic matter,
and has the ability to readily support vegetation. Topsoil shall not
contain stones, lumps, roots, or similar objects larger than 1/2 inch
in any dimension and shall have not less than a 5.8 pH value. The
gradation of the topsoil shall be within the following, using the
Bouyoucos Hydrometer Analysis conforming to AASHTO T 88:
A.
Not more than 20% of the material submitted from an off-site
sample shall be retained on a No. 10 sieve.
Material
|
Percent
|
---|
Sand (80 mils to 2 mils)
|
40 to 80
|
Silt (2 mils to 0.2 mil)
|
0 to 30
|
Clay (0.2 mil or smaller)
|
15 to 30
|
B.
Materials outside these ranges are not suitable for use as topsoil.
The Township Engineer and/or Code Enforcement Officer shall
be charged with the enforcement of this chapter. Operations conducted
under this chapter shall be inspected at least weekly.
After notice and an opportunity to be heard before the Township
Engineer, the permit of any person may be revoked or suspended for
such period as the Township Engineer may determine for any violation
of the terms hereof or the terms and conditions of any permit granted
hereunder. 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 maximum fine
of $2,000, or imprisonment for a period not to exceed 90 days, or
both. Each and every day that such violation continues or exists shall
be considered a separate and specific violation of these provisions
and not as a continuing offense.