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:
LOT
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.
PERMIT
A soil removal permit used under the terms hereof.
PREMISES
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.
SOIL
Both surface topsoil and subsoil, and includes dirt, stone,
gravel, sand, humus, clay, loam, rock and mixtures of any of these.
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.
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.
I. Hours of operation. The hours of operation shall be
limited to the following:
(1) Weekdays from 7:00 a.m. to 7:30 p.m.
(2) There shall be no operations of any kind or character
on Sundays.
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.
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.