[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:
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.
