[HISTORY: Adopted by the Township Committee of the Township of Union 12-12-1978 by Ord. No. 3347 (Ch. 238 of the 1986 Code). Amendments noted where applicable.]
Any person or owner desiring to make any excavation or to remove or to import soil for fill from or to premises in the Township of Union in the County of Union shall first file with the Township Engineer a map of the premises showing the proposed contour lines and proposed grades resulting from such intended removal or importation in relation to the existing topography of the premises and said proposed contour lines and proposed grades shall be subject to approval by the Township Engineer of the Township of Union. No permit for soil removal or importation shall be issued until such map has been filed and until the contour lines and grades have been approved by the Township Engineer.
In the removal or importation of soil, the owner, applicant or person in charge shall so conduct operations that there shall be no sharp declivities, pits, depressions or hills and so 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 Engineer.
The applicant, owner or person in charge of the removal of soil shall not take away the top layer of arable soil for a depth of four inches, but such top layer of arable soil to a depth of four 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 Engineer.
In the removal or importation of soil or dirt, the owner, applicant or person in charge shall make use of only such streets for transportation as are designated for that purpose by the Township Engineer.
Before any permit for soil removal, importation, hauling and transporting shall be issued, the applicant or owner shall file an application for said permit at least 24 hours prior thereto with the Township Engineer and shall pay for said permit a fee of $5. In addition to the aforementioned permit fee, the applicant shall deposit the sum of $1 per cubic yard of material. The minimum deposit shall be $50. Said Township Engineer is hereby authorized to charge an inspection fee of $1 per day for each day the aforesaid permit is in effect, said inspection fee shall be deducted from the deposit. In the event that the removal, importation, hauling or transporting is not accomplished in accordance with this chapter and other applicable ordinances and regulations on the subject, or not done in a proper manner in the opinion of the Township Engineer, the entire deposit shall be forfeited and used by the Township Engineer to correct deficiencies.
No excavation shall be made, no soil removed, imported, hauled or transported unless a permit therefor shall have been first obtained as provided herein.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,250 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.
The provisions of this chapter shall not be applicable to excavations, soil removal, importation, hauling or transporting thereof in a quantity of less than five cubic yards within any three-month period.