[HISTORY: Arts. I and II adopted by the Township Committee (now Township Council) of the Township of West Windsor as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 82.
Streets excavations — See Ch. 152, Art. II.
[Adopted 12-27-1979 by Ord. No. 79-39 as Sec. 18-1 of the Revised General Ordinances]
[Amended 4-19-1999 by Ord. No. 99-07]
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 without first having procured permission thereof from the township, except in connection with the construction or alteration of a building on the premises and excavation or grading incidental thereto or in connection with a pond soil bank, and/or pond soil bank for agricultural purposes or in the operation of any horticulture, floriculture, landscaping, sod or turf business.
[Amended 4-19-1999 by Ord. No. 99-07]
The township shall not consider any application for the removal of soil from the premises for sale or otherwise unless and until the owner of the premises shall first file with the township an application requesting such permission, together with a permit fee as established in Chapter 82, Fees, 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 inspection and approval of the Township Engineer. 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 Engineer. The applicant shall obtain a test boring approved by the Township Engineer. The hours of operation shall be from 7:00 a.m. to 7:00 p.m. from Monday through Saturday, with no Sunday operation unless otherwise approved by the Mayor or designee.
[Amended 4-19-1999 by Ord. No. 99-07]
A. 
Upon written request for a hearing made by the applicant to the Business Administrator or the Business Administrator's designated Hearing Officer, an opportunity to be heard shall be granted within 30 days thereafter, and the Business Administrator, in considering and reviewing the application and in arriving at its decision, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
(1) 
Soil erosion by water and wind.
(2) 
Drainage.
(3) 
Soil fertility.
(4) 
Lateral support slopes and grades of abutting streets and lands.
(5) 
Land value and uses.
(6) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the township.
B. 
If after examining the application and the map provided for in § 143-2, and after the hearing, in the event that a hearing is requested by the applicant, the Business Administrator 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, depressed land values, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
[Amended 4-19-1999 by Ord. No. 99-07]
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations 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 Engineer.
[Amended 4-19-1999 by Ord. No. 99-07]
The owner of the premises or the 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 Engineer, unless permission to remove such soil shall be granted by the Township Engineer. The finish grade shall not be lower than one foot above road grade.
[Amended 4-19-1999 by Ord. No. 99-07]
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the township a bond, in form and with surety acceptable to the Township Attorney, in such amount as in the opinion of the Township Engineer shall be sufficient to ensure the faithful performance of work to be undertaken pursuant to the permission granted pursuant to the provisions of this article.
No excavation shall be made and no soil shall be removed under the provisions of this article 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 article.
[Adopted 12-27-1979 by Ord. No. 79-39 as Sec. 18-2 of the Revised General Ordinances]
[Amended 4-19-1999 by Ord. No. 99-07]
No excavating, digging or mining of sand, clay, gravel or other mineral deposits may be done for commercial purposes in the township without first obtaining a permit from the Township Engineer.
A fee as established in Chapter 82, Fees, shall accompany the application for the purpose of paying the cost of administering this article. Permits shall expire annually on December 31 and may be renewed on the same conditions as originally issued and/or amended, changed or modified. An updated site plan with contours shall be submitted with the application or renewal.
[Amended 4-19-1999 by Ord. No. 99-07]
Prior to issuance of a permit to operate a sand, clay or gravel pit or other mineral deposits excavation, it shall be prerequisite to produce at the time of application and to keep in force for the term of the permit a bond or cash payment in an amount sufficient in the opinion of the Township Engineer to assure the rehabilitation of the site of operations. Such bond shall be issued by a recognized surety company authorized to do business in New Jersey.
Applications shall be accompanied by a site plan, signed and sealed by a professional engineer and land surveyor licensed in New Jersey, showing the proposed area of operation and adjoining properties, both existing and proposed final contours, the minimum distance between any excavation or stripping operation, existing street and property lines and existing structures, the proposed manner of operation, including the routing of traffic to and from the site, and proposed restoration or improvements of the site annually.
In addition, the following conditions shall be complied with:
A. 
Days and hours of operation. There shall be no operation on Sundays, legal holidays nor at any time between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 9:00 a.m. on Saturdays (prevailing time).
[Amended 5-19-1986 by Ord. No. 86-09]
B. 
Fencing. Where any open excavation shall have a depth of 10 feet or more and shall create a slope of more than 30º, there shall be erected a chain-link fence, or equal, at least six feet high with suitable gates, where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation.
C. 
Erosion. The banks of any excavations which are created by mining or quarrying operations shall be protected against the effects of erosion by a natural growth of trees, shrubs or grass or by the planting of shrubs and/or trees. The trees shall be planted at intervals of not more than 50 feet.
D. 
Lateral support. In any case, the licensed operation shall not adversely affect the lateral support of abutting land or other properties.
E. 
Survey monuments. The property lines shall be adequately defined by survey monuments and easily visible markers so that regulations for keeping the excavation back from property lines can be checked by visual observation.
F. 
Slope. The slope of the material in any excavation shall be one foot vertical to 1 1/2 feet horizontal from the surrounding surface of adjacent land to the bottom of the aforesaid excavation.
G. 
Minimum distance from lot lines. The top of the natural slope or cuts for any excavation and any mechanical equipment shall be at least 50 feet from any lot line. Both the base and top of such slope shall not be nearer than 200 feet to any public street or nearer than 50 feet to any property line; or within 500 feet of any church, school or public or semipublic building; or within 1,000 feet of any residential or business development.
H. 
Rehabilitation of site. After any such operation, the site shall be made reusable for a use permitted in the zone. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. The area shall be brought to a final grade by a layer of earth of two feet in thickness or its original thickness, whichever is less, capable of supporting vegetation. Fill shall be of a suitable material approved by the Township Engineer.
I. 
General regulations.
(1) 
Control of smoke, dust and noise hazards shall be in accordance with accepted standards of practice, including those promulgated by state and federal agencies. The determination of compliance with this subsection shall be based upon inspection by the Engineer or the Health Officer of the township after proper investigation.
(2) 
Control of operations or methods which may be injurious to the persons in the community or which may cause pollution to the air or water of the township shall also be in accordance with accepted standards of practice. Determination of undue pollution of the air or water of the township shall be the responsibility of the Health Officer based on standards of health and welfare established by agencies of the State of New Jersey and which, in the opinion of the Health Officer, are injurious to the health and well-being of the citizens of the community.
J. 
Performance bond. In the event that there is a breach of conditions of approval, the township may, after five days' notice to the applicant or its representatives, take possession of the site and proceed with the rehabilitation of the premises in accordance with the plan subscribed in Subsection H, charging the cost thereof to either the applicant or surety company or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
K. 
Liability insurance. Every operator or owner shall deliver a public liability insurance policy in limits fixed by the Mayor or designee against liability arising from any such operation as activities incidental thereto during the period of such operation.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
L. 
Pit areas shall:
(1) 
Be graded and sloped finally so that they will blend into the general topography of the area.
(2) 
Not be operated or left in such condition that ditches and other drainage facilities become silted or cause mosquito problems.
(3) 
Have satisfactory natural drainage or may be left as ponds, provided that they have a source of fresh water supply, that a minimum depth of seven feet may be maintained therein, that they shall be fenced as specified and that written approval of the township and the property owner shall be obtained therefor. The applicant, at the applicant's own expense, shall furnish and erect around the periphery of such ponds a steel post and galvanized woven-wire fence, at least four feet high, with one access gate, as shown on submitted plans, or, if not so shown or prescribed, the fence shall be of a type to be approved by the Township Engineer.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
After ten days' notice and an opportunity to be heard, the township may revoke or suspend any license issued hereunder if it finds that the licensee is violating the terms of this article or any state law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Any person violating any of the provisions of this article shall be subject to the penalty stated in Chapter 1, General Provisions, Article II, Penalty, § 1-3.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).