[HISTORY: Adopted by the Township Committee of the Township of Waterford 12-11-1974
as Ch. 102 of the 1974 Code. Amendments noted where applicable.]
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[1] or grading incidental thereto, without first having procured permission
therefor from the Township Committee.
No application for the removal of soil from the premises for sale or
otherwise shall be considered unless and until the owner of the premises shall
first file with the Township Clerk 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 Township Committee.
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 Township Committee of the Township of Waterford.
A.
Upon written request for a hearing made by the applicant
to the Township Committee, an opportunity to be heard shall be granted within
30 days thereafter, and the Township Committee, in considering and reviewing
the application and in arriving at its decision, shall be guided by and take
into consideration the public health, safety and general welfare. Particular
consideration shall be given to the following factors:
B.
If, after examining the application and the map provided for in § 232-2 of this chapter and after the hearing in the event that a hearing is requested by the applicant, the Township Committee shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values nor 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 conduct the operations so 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 to the contour lines and grades
as approved by the Township Committee of the Township of Waterford.
The owner of the premises or person in charge of the removal of soil,
when permission has been duly granted, shall not take away the top layer of
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 Township Committee of
the Township of Waterford.
Before any permit or permission for soil removal shall be granted or
issued, the owner or applicant shall file with the Township Committee a bond,
in form and with surety acceptable to the Township of Waterford, in such amount
as, in the opinion of the Township Committee of the Township of Waterford,
upon recommendation of the Township Engineer, shall be sufficient to ensure
the faithful performance of the work to be undertaken pursuant to the permission
granted by the Township Committee of the Township of Waterford and pursuant
to the provisions of this chapter.
No excavation shall be made and no soil shall be removed under the provisions
of this chapter 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 chapter.
Any person, firm or corporation violating any of the provisions of this
chapter shall be subject to a fine not exceeding $500, imprisonment in the
county jail for a term not exceeding 90 days, a period of community service
not to exceed 90 days, or any combination thereof, in the discretion of the
Municipal Court Judge before whom such conviction shall be had. Each and every
violation of and nonconformance with this chapter or each day that any provision
of this chapter shall have been violated shall be construed as a separate
and distinct violation thereof.
