Township of Colts Neck, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 12-26-1969 as Ch. 59 of the 1969 Code. Amendments noted where applicable.]
[Amended 2-26-1981]
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, except that reasonably necessary for the construction or alteration of a building, septic system or in-ground swimming pool on such premises and excavation or grading required therefor or reasonably incidental thereto, without first having procured permission from the Township Engineer. In the case of the development of a subdivision or a site plan considered by the Planning Board of the Township of Colts Neck, permission may be granted by the Planning Board in connection with granting such approvals.
[Amended 2-26-1981]
A. 
The Township Engineer 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 Clerk an application requesting such permission, 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 said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Township Engineer of the Township of Colts Neck. 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 of the Township of Colts Neck.
B. 
When an application for subdivision or site plan approval is being considered, the Planning Board shall be the approving authority, and permission pursuant to this section shall be granted in conjunction with such subdivision and/or site plan approval.
[Amended 2-26-1981]
A. 
Upon written request for a hearing made by the applicant to the Township Engineer, an opportunity to be heard shall be granted within 30 days thereafter, and the Township Engineer, 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 values 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 § 193-2 of this chapter and after the hearing in the event a hearing is requested by the applicant, the Township Engineer 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 or depressed land values nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
C. 
When an application for subdivision or site plan approval is being considered, the Planning Board shall be the approving authority, and permission pursuant to this section shall be granted in conjunction with such subdivision and/or site plan approval.
[Amended 2-26-1981]
A. 
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 with the contour lines and grades as approved by the Township Engineer of the Township of Colts Neck.
B. 
When an application for subdivision or site plan approval is being considered, the Planning Board shall be the approving authority, and permission pursuant to this section shall be granted in conjunction with such subdivision and/or site plan approval.
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 of the Township of Colts Neck.
[Amended 2-26-1981]
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file, upon the request of the Township Engineer or the Planning Board as set forth in the within ordinance, a bond, in form and with surety acceptable to the Township of Colts Neck, in such amount as, in the opinion of the Township Engineer of the Township of Colts Neck, shall be sufficient to assure the faithful performance of the work to be undertaken pursuant to the permission granted by the Township Engineer or the Planning Board pursuant to the provisions of this chapter.
No excavation shall be made and no soil shall be removed under the provisions of this chapter 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 chapter. Said permit shall remain in effect for one year from the date of its issuance. A renewal. permit shall be issued only upon application made therefor.
[Amended 10-8-1997; 3-8-2006]
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code.