[HISTORY: Adopted by the Township Committee of the Township of Mantua 9-12-1978 (Ch. 89 of the 1978 Code). Amendments noted where applicable.]
Gravel pits — See Ch. 204.
No person, company, firm or corporation shall raise the level of any land or portion thereof within the Township of Mantua by adding any material or substance other than fill authorized by this chapter. This chapter is not applicable to the addition to the land of any material or substance in the ordinary course of farming, horticulture, gardening or land and site rehabilitation called for under Chapter 204, Gravel Pits, of this Code.
Fill shall consist solely of topsoil, earth, rock, gravel, quarry process or sand. "Topsoil" is the exposed layer of the earth's surface, and "earth" is the layer of soil immediately beneath the topsoil and above rock. Rock excludes boulders; "boulders" are detached and rounded or worn pieces of rock, the greatest side of which is no less than six inches. All other materials are excluded. Not by way of limitation but by way of example, excluded materials include but are not limited to muck, peat, timber, debris, stumps and roots of trees and demolished structures, construction or any other refuse. "Muck" is soft silt or clay, very high in organic content, usually found in swampy areas or the product of dredging procedures. "Peat" is a soil composed principally of partially decomposed vegetable matter.
Any person, entity or corporation who or which violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $100 and not more than $2,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.
All ordinances or parts of ordinances inconsistent with this chapter are hereby repealed with the express exception that to the extent of any inconsistency between this chapter and Chapter 204, the provisions of Chapter 204 are saved from repeal, and, to the extent applicable, said provisions of Chapter 204 shall apply to the factual circumstance presented.