[HISTORY: Adopted by the governing body of
the Township of Little Falls 12-18-1995 by Ord. No. 753 as Ch. XVII
of the 1995 Revised General Ordinances. Amendments noted where applicable.]
The governing body hereby finds that the uncontrolled
and unregulated excavation, filling and removal of soil has resulted
and will result in conditions detrimental to the public safety, health
and general welfare, deterring substantially the efforts of the Township
to promote and effectuate the general purpose of municipal planning.
As used in this chapter, the following terms
shall have the meanings indicated:
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 the same.
Any change or alteration in the grade of any property.
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
No person shall excavate any soil or change
or alter the grade of any property within the Township without having
first obtained a permit from the governing body. This chapter shall
not apply to the excavation of soil for use on the premises from which
it is taken, provided that this does not involve any substantial change
in the topography of the premises; or the excavation of soil in connection
with the construction or alteration of the basement or foundation
of a building.
Application for a permit shall be made to the
governing body and shall be accompanied by the following:
A.
A map of the premises showing the present contour
lines and the proposed future contour lines resulting from the intended
excavation or redistribution of soil.
B.
The grades resulting from the intended removal or redistribution of soil in relation to the topography of the premises. This information may be included in the map required by Subsection A.
C.
The proposed dates of the commencement and completion
of the work.
D.
Name and address of the owner of the land.
E.
Lot and block numbers of the lands as shown on the
current Tax Map of the Township.
F.
Reason for removing the soil.
G.
Type and quantity of soil to be removed.
H.
Location to which soil is to be removed.
I.
Such other pertinent data as the governing body may
deem necessary.
A.
In considering the application, the governing body
shall be guided by the following factors:
B.
If, after considering the above factors, the governing
body determines that the proposed removal or redistribution of soil
will not be detrimental to the health, safety or welfare of the Township
or its inhabitants, the necessary permit shall be issued. Otherwise,
the governing body shall deny the application and shall notify the
applicant. Notice of the grant or denial of the application shall
be given to the applicant within 30 days after the application is
filed.
[Amended 12-20-2004 by Ord. No. 952; 12-22-2008 by Ord. No.
1060]
No soil removal permit shall be issued until a fee as set forth in Chapter 71, Fees, is paid by the applicant.
The removal of lawn sod shall be permitted on
the condition that the owner or lessee of the land from which the
lawn sod is removed shall, within two months, replace any soil which
has been removed with the sod.
[Amended 12-20-2004 by Ord. No. 952]
Before the permit is issued the applicant shall
file with the governing body a bond executed by the applicant as principal
and a surety company licensed to do business in the State of New Jersey
as surety. The actual amount of the bond shall be determined by the
Township Committee, but in no event shall be less than $1,000, and
shall be conditioned as follows:
A.
That the permittee 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.
Soil removal or distribution conducted under
a permit issued under this chapter shall be in accordance with the
following regulations:
A.
Operations shall be conducted so that there shall
be no sharp declivities, pits or depressions.
B.
Lands shall be graded so as to conform to the approved
contour lines and grades and shall be cleared of debris.
C.
The top layer of soil to a depth of six inches shall
not be removed from the premises, but shall be set aside and respread
over the premises when the remainder of the soil has been removed.
D.
All of the work described in this chapter shall be
performed between the hours of 8:00 a.m. and 8:00 p.m. on any working
day.
E.
Adequate measures shall be taken to prevent erosion
or the depositing of soil upon surrounding lands, streets or municipal
facilities.
[Added 12-20-2004 by Ord. No. 952]
In addition to the requirements of this chapter,
the permittee shall obtain all required approvals from other local,
county, regional, state or federal governmental agencies.
In addition to the penalty provisions provided
herein, the Township shall have the right to institute suit for injunctive
proceedings to restrain the violation of any provisions of this chapter
and to compel the restoration of any property upon which work has
been done in violation of this chapter.
