Township of Westampton, NJ
Burlington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Westampton 10-20-1970 by Ord. No. 4-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 99.
Floodplain management — See Ch. 131.
Land use procedures — See Ch. 149.
Property maintenance — See Ch. 180.
Site plan review — See Ch. 196.
Excavations in streets — See Ch. 212, Art. II.
[Amended 6-11-2002 by Ord. No. 8-2002]
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 as necessary in conjunction with the construction or alteration of improvements on such premises, and excavating or grading incidental thereto in conjunction with a well-balanced earthwork design, without first having procured permission therefor from the Township Committee.
[Amended 9-21-1992 by Ord. No. 10-1992]
The Township Committee 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/Administrator 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 the proposed contour lines and grades shall be subject to the inspection and approval of the Township Committee of the Township of Westampton. 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 Committee of the Township of Westampton.
A. 
Upon written request for a hearing made by the applicant to the Township Committee, an opportunity to be heard shall be granted within 30 days thereafter, and the Township Committee, in considering and reviewing the application and in arriving at its decision, shall be guided by 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 § 199-2 of this chapter, and after the hearing in the event a hearing is requested by the applicant, the Township Committee 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 sewage problems or other conditions of danger, permission to remove the soil shall be granted.
If permission to remove the soil is granted, the owner or person in charge shall so conduct the operation 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 Committee of the Township of Westampton.
[Amended 6-11-2002 by Ord. No. 8-2002]
A. 
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 without specific approval of the Township Committee and only when a sufficient quantity of such top layer of arable soil shall be set aside for retention on the premises so that it can be replaced to a depth of six inches over the premises when the soil removal operations are completed or as directed by the Township Committee, pursuant to levels and contour lines approved by the Township committee of the Township of Westampton.
B. 
The removal of the top layer of arable soil, not to exceed 500 cubic yards, in conjunction with the construction of site plan or subdivision improvements, as approved by the Land Development Board, which result in an excess of topsoil at the site, shall not require additional approval of the Township Committee providing that sufficient topsoil is retained on-site to provide a six-inch layer throughout the post-development grassed and landscaped areas as indicated on the approved plans.
[Amended 6-11-2002 by Ord. No. 8-2002]
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the Township Committee a bond, in acceptable form and with acceptable surety and in sufficient amount, to ensure the faithful performance of the work to be undertaken pursuant to the permission granted in accordance with the provisions of this chapter. The amount of the bond shall be determined on the basis of a cost estimate for site restoration as prepared by the Township Engineer in accordance with the applicable bond preparation provisions included in the Subdivision Ordinance.[1]
[1]
Editor's Note: See Ch. 215, Subdivision of Land.
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.
[Amended 6-11-2002 by Ord. No. 8-2002]
The Township Committee shall charge and collect fees for each soil removal permit in accordance with the following:
A. 
Sand bank, gravel pit or unclassified soil excavations. The fee for excavation shall be $150.
[Amended 6-24-2003 by Ord. No. 18-2003]
B. 
Topsoil removal. The fee for removal of topsoil in conjunction with site plan or subdivision improvements which result in an excess of topsoil shall be $150.
[Amended 6-24-2003 by Ord. No. 18-2003]
C. 
Escrow (professional review fees). A fee of $1,000 or $50 per acre, whichever is greater, to cover professional reviews. Sums not utilized shall be returned to the applicant and, when necessary, additional sums shall be provided by the applicant. The escrow amount for engineering inspection shall be 5% of the estimated construction costs upon which the bond estimate is based.
For the purpose of administering and enforcing this chapter, any duly authorized officer, agent or employee of the Township of Westampton shall have the right to enter into and upon any lands in or upon which soil-moving operations are being conducted in order to examine and inspect such lands.
As used in this chapter, the following terms shall have the meanings indicated:
SOIL
As used in this chapter, any earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence therein of organic matter.
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Judge before whom such conviction shall be had. Each and every violation and nonconformance of this chapter, or each day that any provision of this chapter shall have been violated, shall be construed as a separate and distinct violation thereof.