The Township Council 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 Township planning.
For the purpose of this chapter, the following terms shall have the
meanings indicated:
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 the same.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without regard
to the presence or absence of organic matter.
[Amended 7-1-1975 by Ord. No. G-73-75; 8-7-1979
by Ord. No. G-159-79]
No person shall excavate any soil or change or alter the grade of any
property within the Township without having first obtained permission from
the Planning Board and a permit from the Construction Official. This section
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.
[Amended 7-1-1975 by Ord. No. G-73-75]
Applications shall be made to the Planning Board 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.
C. The proposed dates for 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 Planning Board may deem
necessary.
[Amended 7-1-1975 by Ord. No. G-73-75; 8-7-1979
by Ord. No. G-159-79]
A. In considering the application, the Planning Board shall
be guided by the following factors:
(1) Soil erosion by water and wind.
(4) Lateral support slopes and grades of abutting streets
and lands.
(6) Any other factor which is relevant to the coordinated,
adjusted and harmonious development of the Township.
B. If, after considering the above factors, the Planning
Board 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 Planning Board shall approve the application and authorize
the Construction Official to issue the permit; otherwise, the Planning Board
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.
No soil removal permit shall be issued until a fee of $25 has been paid
by the applicant to the Township, together with a charge of $0.01 per cubic
yard for each cubic yard of soil removed.
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 7-1-1975 by Ord. No. G-73-75; 8-7-1979
by Ord. No. G-159-79]
Before the permit is issued, the applicant shall file with the Construction
Official 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 amount of
the bond shall be determined by the Planning Board 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 redistribution 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 on surrounding lands, streets or Township facilities.
Nothing in this chapter shall be construed so as to prevent the Township
from taking injunctive proceedings to restrain removal of top soil as described
in this chapter.
[Amended 7-1-1975 by Ord. No. G-73-75; 8-7-1979
by Ord. No. G-159-79]
It shall be the duty of the Construction Official, with the assistance
of the Township Engineer, to enforce the provisions of this chapter when necessary.