[HISTORY: Adopted by the Township Council
of the Township of Washington 10-26-1995 by Ord. No. 26-1995 as Ch.
XIX, Article 2, of the 1994 Code. Amendments noted where applicable.]
This chapter may be known and may be cited as
the "Washington Township Soil Removal Ordinance."
For the purpose of this chapter, unless a different
meaning clearly appears from the context, the following words shall
be defined to include and to mean the following:
Any parcel of land, or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Township of Washington
or in the office of the Gloucester County Register of Deeds.
A soil removal permit used under the terms hereof.
One or more lots or contiguous parcels of and in single ownership,
which ownership can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Township of Washington
or in the Gloucester County Clerk's office.
Both surface topsoil and subsoil, and includes dirt, stone,
gravel, sand, humus, clay, loam, rock and mixtures of any of these.
A.
Requirements. No person shall excavate or cause, allow,
permit or suffer any excavation for the removal of soil or otherwise
remove soil for sale or for use other than on the premises from which
the soil shall be taken without first having obtained a permit therefor
approved by the Township Council, which permit shall be conspicuously
posted and displayed on the entrance to the premises.
B.
Exemption. No permit shall be required if such soil
removal is incidental to the erection of a building and the total
sum of all soil to be removed does not exceed 1,500 cubic yards.
C.
Improper posting. No owner or person shall post or
display, or cause to be posted or displayed, a permit for excavation
for or the removal of soil upon any premises in the Township without
such permit first having been properly approved, issued and obtained
in accordance and in compliance with the provisions of this chapter.
D.
Application. Before the issuance of a permit, the
applicant shall make application therefor on a form provided by the
office of the Township Clerk and furnish in such application and accompanying
documents the following:
(1)
The name and address of the applicant. If the applicant
is a partnership, the partnership name and business address, together
with the names of all partners and their residential addresses. If
the applicant is a corporation, the name of the corporation, the place
of business of such corporation, the date and state of incorporation,
the names and addresses of all officers and the positions held in
such corporation, together with the names and addresses of all directors
of such corporation, the names and addresses of all stockholders holding
10% or more of the stock of the corporation and the name and address
of the legal representative of the corporation, if any.
(2)
The name and address of the owner or owners of the
premises involved. If the owner or owners are a partnership, then
the partnership name and business address and the names of the partners,
together with their residential addresses. If the owner is a corporation,
the name of the corporation, its place of business, the date and state
of incorporation, the names and addresses of all officers and the
positions held in the corporation, the names and addresses of all
directors, the names and addresses of all stockholders holding 10%
or more of the stock of the corporation and the name and address of
the legal representative of the corporation, if any.
(3)
A detailed description of the premises and its location,
together with the Washington Township tax map plate, block and lot
number or numbers where the excavation or soil removal is to be conducted.
(4)
A map of the premises for which the permit is sought
showing:
(a)
The existing topographic contour lines of the
land involved and abutting lands and roads within 200 feet.
(b)
The proposed topographic contour grades which
will result from the intended soil removal.
(c)
All roads and buildings, streams and bodies
of water within 200 feet of the premises.
(d)
The names and addresses of adjoining landowners
within 200 feet.
(e)
Existing water drainage conditions.
(f)
All wooded areas, the limit of the area or areas
on the premises within which the soil operations or removal is to
be conducted and, unless specifically waived by the council, the dimensions
of the premises or lot.
(g)
The existing elevations of the lands, buildings,
structures, streets, bodies of water and watercourses on the premises
or lot and within 200 feet of the premises or lot and the proposed
final elevations at each point where existing elevations are shown
on the map which are to be changed as a result of completion of the
proposed work.
(h)
The proposed slopes and lateral supports at
the limits of the area, upon completion of the excavations and soil
removal operations.
(i)
The proposed provisions and facilities for water
drainage.
(j)
An accurate cross section or sections showing
the location or locations in quantities, in cubic yards, of soil to
be removed.
(k)
Unless specifically waived by the Council, the
map shall be prepared by a licensed engineer of the State of New Jersey.
(5)
If the owner is not the applicant, written consent
of the owner to the application and proposed excavation and soil removal
shall be submitted with the application, together with a statement
of the relationship between the owner and the applicant.
(6)
Plans showing the place or places where the entrances
or exits to the excavation or area of soil removal operation, fences
or buildings are to be located.
(7)
Statement of the type of equipment and apparatus to
be used in the excavation and soil removal operations.
(8)
Statement of the hours during which the excavation
and soil removal operations are intended to be conducted.
(9)
Proof of liability insurance coverage in amounts of
not less than $100,000 for each person injured, $300,000 total for
each accident causing personal injury, and $50,000 for property damage
for each accident. This requirement may be waived or otherwise reduced
by the Township Council upon request.
(10)
A description of any processing of the soil which
will be done or conducted on the premises, including a description
of equipment and plans of such processing equipment and facilities.
(11)
The number of total cubic yards of soil to be removed.
(12)
An estimated period of time for which the excavation
or soil removal operations will be conducted and the removal completed.
(13)
Routes to and from the premises and proposed site
of the excavation and soil removal operations which will be used for
the transportation of the soil to be removed.
(14)
Statement of the place or places to which the soil
is to be removed.
A.
Each application for soil removal shall be accompanied by the deposit of a fee in the amount set forth in Chapter 80 of this Code. Such fee shall cover the costs of investigating and examining the application and information therein, legal and engineering services, review by the Township planning and environmental consultants, notices, hearings and other processing costs.
B.
In the event that the application is denied, the fee
deposited shall be returned to the applicant after deducting actual
costs of investigation, legal and engineering services, review by
the Township planning and environmental consultants, costs of notices,
hearings and other processing costs incurred by the Township.
A.
Number and disposition of application. Five copies
of the application and accompanying documents shall be filed with
the Township Clerk, and the fee shall be paid to the Township Treasurer,
who shall issue a receipt therefor and indicate the amount of fee
deposited on each copy of the application in a space provided for
such purpose on the application form. The Township Clerk shall file
the original application form, with the name and date of filing marked
thereon, and promptly refer and forward a copy of the application
to the Township Engineer, Township planning consultant and the Township
Environmental Commission for their investigation, report and recommendations,
and deliver the remaining copy of the application to the Township
Clerk.
B.
Engineering report. The Township Engineer shall make
a report concerning the application to the Township Council indicating,
among other pertinent information:
(1)
Whether the proposed operation will result in any
sharp declivities, pits or depressions, soil erosion, flooding, fertility
problems, drainage or sewerage problems or other dangerous conditions
regarding the permit to be issued.
(2)
Areas shown on the map, if any, where excavation should
not be permitted because of adverse effects on abutting property or
roads.
(3)
Changes, if any, in permitted contours and slopes
to be accomplished by proposed removal.
(4)
Area from which topsoil may be stripped before replacement
thereof to permit soil removal, with consideration being given to
the number of yards to be removed and the duration of the requested
permit.
(5)
Capacity of the public roads used for ingress and
egress to withstand damage from the proposed operation.
(6)
Other recommended considerations and conditions to
protect the public welfare or adjoining properties, roads and streams.
C.
Notice of hearing.
(1)
To applicant. Within 10 days of the receipt of the
above required reports and recommendations, the Township Clerk shall
notify the applicant of the time, place and date of a public hearing
to be conducted by the Township Council upon the application, which
public hearing shall be held not less than 15 days nor more than 60
days from the date of the issuance of notice to the applicant by the
Township Clerk.
(2)
To adjoining property owners. The applicant shall
be required to serve notice of the application and the time, place
and date of the hearing to all property owners, as indicated on the
Tax Map of Washington Township, who are within 200 feet of the outside
boundaries of the premises from which soil is to be removed or excavations
conducted thereon and for which a permit is sought. The notice shall
be served personally upon such property owners by certified mail,
return receipt requested, not less than 10 days prior to the date
on which the hearing is to be held, and the applicant shall submit,
at the time of the hearing, proof of service of such notice, in affidavit
form, to property owners.
(3)
Publication of notice. The Township Clerk shall cause
public notice of the application and the time, place and date of public
hearing to be published in the legal newspaper of the Township at
least seven days prior to the date of the hearing. Such publication
shall also indicate the premises for which the permit is sought by
plate, block and lot number, and by a street address or general location.
A.
Testimony and reports. At the public hearing, the
Township Council may receive testimony and further evidence from the
applicant and any interested person, and reports from any Township
officials relevant to the application and the issuance of a permit.
B.
Factors to be addressed. In considering and reviewing
the application and in arriving at its decision, the Township Council
shall be guided and take into consideration the reports and evidence
adduced at the public hearing and the effect of the issuance of the
permit on the public health, safety and general welfare and particularly,
but not in limitation thereof, the following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage or sewerage problems.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting roads
and lands.
(5)
Land values and uses.
(6)
Creation of conditions inimical to the public health,
safety and welfare.
(7)
Creation of any sharp declivities, pits, depressions,
soil erosion or fertility or problems.
(8)
Depressed land values.
(9)
Creation of any drainage sewerage problems or other
conditions of danger to life, personal safety or property.
(10)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township
and any environmental impact thereon.
C.
Decision. If the Township Council is of the opinion
and determines that the proposed excavations or soil removal will
not have an adverse effect on the above considerations, then the Township
Council, by resolution, shall approve the application and accompanying
documents subject to such reasonable conditions or restrictions designed
to meet the engineering recommendations or other adverse objections
to the application or proposed excavations or soil removal as the
Township Council may impose. If any application is so approved by
the Township Council, and the applicant complies with other provisions
of this chapter, then the Township Clerk, within five days thereafter,
shall issue a permit in accordance with such approval and pursuant
to the provisions of this chapter. If the application is not approved
by the Township Council, then the Township Clerk, within five days
of such determination, shall notify the applicant in writing of such
denial, together with the reasons therefor.
After the Township Council approves an application,
but before a permit is issued by the Township Clerk and any work for
which a permit is required under the provisions of this chapter is
done, the applicant shall file and maintain a bond during the period
covered by such permit, which bond in substance and form shall be
acceptable to the Township Council and in such amount as in the opinion
of the Township Council shall be sufficient to insure the faithful
performance of the work to be undertaken pursuant to the conditions
of the permit and the provisions of this chapter. In no event shall
the filing of a bond be deemed to be approval of a permit required
hereunder.
A.
Issuance. The permit shall be on a form prescribed
by the Township Council. It shall be dated as of the date it is actually
issued by the Township Clerk and shall be signed by the Mayor.
B.
Term. The term of the permit shall not exceed one
year. All permits shall automatically terminate on the expiration
date unless application for renewal has been made in writing. The
Township Council may extend such permit, by resolution, for additional
one-year periods. No public hearing shall be required upon such an
extension, unless the Township Council shall determine that further
investigation or information is desirable in the interest of public
health, safety or welfare.
C.
Transferability. No permit shall be transferable from
the applicant to whom the permit is issued to any other person or
persons.
No excavation shall be made or soil removed,
nor shall any operation be conducted, so as to violate any of the
following conditions after a permit is issued.
A.
Preservation of topsoil. All topsoil on premises shall
be stored temporarily on the premises inside a fenced area during
operations and, after grading is completed, respread on the premises
to a depth of not less than four inches.
B.
Maximum area of excavation; waiver. Not more than
three acres shall be excavated at one time, including area used for
storage of topsoil, enclosed with a snow fence, properly leveled off,
cleared of debris and graded to conform with the contour lines and
grade recommended for approval by the Township Engineer to the Township
Council and approved by the Township Council. The Township Engineer
may recommend to the Township Council a waiver of the three-acre limitation
at any one time. In the event the Township Council approves such recommendation,
the area of work shall encompass that area so recommended by the Township
Engineer.
C.
Disposal of vegetation. All trees, stumps, brush and
other vegetation shall be removed monthly and not buried on the premises.
D.
Restoration of area. The area excavated shall be leveled
off, cleared of debris, graded to conform to the contour and graded
as approved by the Township Council and covered with four inches of
topsoil and seeded with perennial grass during the planting season.
If sufficient topsoil is not available from the premises, then a cover
crop as prescribed by the Township Engineer shall be spread on the
premises. Thereafter, the snow fence may be removed.
E.
Discarding littering of soil. Soil removal shall not
be deposited or in any way thrown or placed upon the adjoining property
or public roads.
F.
Compliance with regulations. All operations shall
be conducted in strict compliance with any and all applicable state
or local laws, ordinances or regulations, as well as this chapter
and the terms and conditions upon which the permit was issued.
G.
Nuisance prohibited. The operations shall be conducted
so as not to constitute a nuisance to adjoining owners, and in no
event shall any sharp declivities, pits or depressions be created.
H.
Maximum perimeter slope. No slope along the perimeter
of any excavation area shall exceed one foot vertical to five feet
horizontal, unless specifically waived by the Township Council at
the public hearing.
J.
Conformance of contours and grades. The permittee
shall be allowed to continue in operation so long as the permittee
complies and conforms to the contours and grades set forth in the
topographical survey map as approved by the Township Council.
K.
Distance required from streets and property lines.
No person owning lands or otherwise operating land for the excavation
and sale of gravel or other types of soil for commercial use shall
excavate such soils nearer than 150 feet to any public highway nor
nearer than 50 feet to the side lines of adjacent properties.
Where by reason of extraordinary or exceptional
configuration, topography, conditions or situations of the premises,
the strict application of any regulation or conditions set forth in
this chapter would result in peculiar and exceptional practical difficulties
to or exceptional and undue hardship upon the applicant, the Township
Council may authorize or grant a variance from such strict application
so as to relieve such difficulties or hardship. The Township Council
may authorize or grant a variance from such strict application in
particular cases and for special reasons. However, no variance shall
be authorized or granted unless such relief can be authorized or granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of this chapter.
The permittee shall permit inspection of the premises at all reasonable business hours by members of the Township Council or by such persons as the Township Council may lawfully authorize to inspect and report thereon. Every operation shall be inspected by the Township Engineer once every four months during the period of time that the operation of the permittee is being conducted. The permittee shall pay the cost thereof, which costs shall be included as part of the fee originally deposited, or, if the fee as originally deposited shall be of insufficient amount to cover such costs of inspection, then the permittee may be billed therefor at the cost, per inspection, as set forth in Chapter 80, Fees. In the event a reinspection is required by reason of violations found in the course of regular inspections, the permittee shall pay the costs for such reinspections at the aforesaid rate.
A.
Designation of routes; protection of roads. The Township
Council may, for reasons of public health, safety and welfare, determine
the routes to be utilized by the permittee within the Township in
transporting soil, and every person who shall transport over the streets,
roads and highways in the Township any soil removed from any lands
or premises within the Township pursuant to a soil removal permit
issued in accordance with this chapter shall sweep, pick up, remove
or cause to be swept, picked up or removed all dust, dirt and mud
from such roadways, streets or highways and shall apply or cause to
be applied to such roadways, streets or highways a dust preventative
wherever the same shall be determined necessary and communicated to
the permittee by the Township Engineer.
B.
Violation. In the event of the failure, neglect or
refusal of any person to so sweep, pick up, or remove dust, dirt and
mud, or to apply a dust preventative when required under this section,
the Township Council is authorized to suspend any soil permit issued
for a period of not less than three days or revoke such soil removal
permit as hereinafter provided.
Upon 10 days' notice and an opportunity to be
heard before the Township Council, the permit of any person may be
revoked or suspended for such time or period as the Township Council
may determine for any violation of the terms hereof or the terms and
conditions of any permit granted or issued hereunder.
This chapter shall not be construed nor is it
intended to require a permit for any excavation or removal of soil
for the preparation of a lawn, sidewalk or driveway or for excavations
for septic tanks or for shallow drainage ditches or filter beds or
like sanitary improvements, nor is it to be construed or intended
to require a permit for any state, county or Township work or excavations
to be done or performed in the Township, nor shall it apply to any
soil removal operations conducted by the Township or any person or
persons under contract for excavation or removal of soil with the
Township, including municipal landfill operations or such conducted
under the municipal contract.
In addition to any action on the bond or the revocation of the permit, any person who violates this chapter, or any director or officer of a corporation who participates in a violation of this chapter, upon conviction thereof, shall be subject to the penalty set forth in Chapter 1, General Provisions, Article I, of this Code. Each day that a violation continues shall be considered a separate and distinct violation thereof.
