[HISTORY: Adopted by the Township Committee of the Township of Westampton
10-20-1970 by Ord. No. 4-1970. Amendments noted where applicable.]
[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:
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]
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:
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.
