[HISTORY: Adopted by the Township Committee of the Township of Wall
11-8-1978 as Sec. 10-1 of the Revised General Ordinances. Amendments noted
where applicable.]
The Township Committee finds and determines that the unregulated and
uncontrolled grading of land, relocation, filling, excavation and removal
of soil on a large scale for the sale or for use other than on the premises
has or may result in conditions detrimental to the public safety, health and
general welfare, substantially hampering and deterring the efforts of the
Township to effectuate the general purpose of municipal planning.
This chapter shall be known and may be cited as the "Wall Township Grading
and Soil Removal Ordinance."
As used in this chapter, the following terms shall have the meanings
indicated:
A land grading and soil removal permit issued under the terms hereof.
Includes dirt, stone, gravel, sand, humus, clay, loam, rock, and
mixtures of any of these.
The arable soil. Topsoil shall contain no stones, clumps, or similar
objects larger than one inch in any dimension and shall have a pH value of
not less than 5.8 nor more than 6.5. Topsoil shall be a mealy loam obtained
from a field which is comparatively free from objectionable weeds. Topsoil
shall have a minimum organic content of not less than 2.75% by weight. The
gradation of the topsoil shall be within the following limits: sand, 40% to
80%; silt, 10% to 30%; clay 10% to 30%.
No person shall excavate for the grading and removal of soil or otherwise
remove soil for sale or for use other than on the premises from which the
soil shall be taken, except in connection with construction or alteration
of a building on such premises, for which a building permit has been issued,
and excavation or grading incidental thereto, without first having obtained
site approval and a permit therefor approved by the Committee. The permit
shall be conspicuously posted and displayed on the entrance to the premises.
Any person intending to make an application hereunder shall request
an informal conference with the Township Committee for the purpose of ascertaining
the feasibility of the proposal to remove soil. At such time, sketches or
preliminary drawings shall be made available if necessary for such purpose.
Before the issuance of a permit, the applicant shall make application
therefor on a form available from the Township Clerk and the data in the application
or accompanying documents shall show the following:
A.
The name and address of the owner or owners of the tract
involved and the name and address of the applicant, if a different person
is involved. The signature of the owner and contractor performing the work
shall be affixed to the application.
B.
A map of the entire premises of the owner, including
the premises for which the permit is sought showing the existing topographical
contour lines of the land involved and abutting lands and roads, the proposed
topographical contour grades which will result from the intended soil removal
and the location of any streams or other bodies of water near the premises
with area to be graded shown in sections of three acres, and numbered consecutively
indicating order of sections to be graded.
C.
The tax block and lot number of the property involved.
D.
A description of any processing of the soil which will
be done on the premises including description of equipment and plans of such
processing equipment and facilities.
E.
The name and address of the person who will do the work
of grading and removing the soil.
F.
The number of cubic yards to be removed pursuant to the
permit.
G.
Routes to and from the proposed site to be used in transporting
soil removed.
H.
Period for which the permit is sought.
Each application shall be accompanied by a deposit of a fee of $100
plus $1 for each 1,000 cubic yards or part thereof, which shall be used to
cover the cost of examining the application, hearings, or other processing
thereof. In the event an application is denied, the fee deposited shall be
returned alter deducting actual engineering or legal fees incurred by the
Township in the course of processing the application.
The application and fee shall be filed with the Township Clerk and the
application shall promptly be referred to the Township Engineer for investigation,
report, and recommendations. The Engineer shall make a report concerning the
application to the Committee indicating specifically whether the proposed
operation will result in any sharp declivities, pits, or depressions, soil
erosion or fertility problems, drainage or sewerage problems, or other dangerous
conditions, and recommending reasonable conditions regarding the permit to
be issued including the following:
A.
Areas shown on map, if any, where excavation should not
be permitted because of adverse effects on abutting property or roads.
B.
Changes, if any, in permitted contours and slopes to
be accomplished by proposed removal.
C.
Maximum area from which topsoil may be stripped before
replacement thereof to permit soil removal, with consideration being given
to the number of cubic yards to be removed and the duration of the requested
permit.
D.
Amount of bond to be required to insure the operation
of the soil removal and replacement of topsoil in accordance herewith on a
form to be furnished by the Township.
E.
Capacity of public roads to be used for ingress and egress
to withstand damage from proposed operation.
F.
Quantity and quality of topsoil.
G.
Any other recommended considerations or conditions to
protect the public welfare or adjoining properties or roads.
A.
After receiving the report, the Committee shall grant
or deny the permit, including any renewal, in order of date of filing, after
giving consideration to the engineering report (which shall be incorporated
in the record thereof by reference), the evidence adduced at the hearing,
and the effect of such permit on the public health, safety and general welfare
and particularly, but not in limitation thereof, the following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage or sewerage problems.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting roads 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.
No permit shall be issued for any premises if the issuance of the permit
will create road damage, dust conditions, burdensome traffic conditions or
is otherwise inimical to the public safety, health and welfare.
Before any work is done, for which a permit is required, and during
the period covered by a permit, the applicant shall file and maintain a bond
in form supplied by the Township Committee with surety acceptable to it and
in such amount as in the opinion of the Township Committee shall be sufficient
to insure the faithful performance of the work to be undertaken pursuant to
the conditions of the permit and the terms hereof.
No soil shall be removed nor shall any operation be conducted so as
to violate any of the following conditions after a permit is granted.
A.
Removal of topsoil. The removal of any topsoil is hereby
expressly prohibited. All topsoil on premises shall be temporarily stored
on premises inside a fenced area during operations and, after grading is completed,
respread on premises to a depth of not less than four inches.
B.
Limits of excavations. Not more than three acres shall
be excavated at one time, enclosed with a snow fence, including area used
for storage of topsoil, properly leveled off, cleared of debris and graded
to conform with the contour lines and grades approved by the Township Committee.
D.
Grading and grass on excavated area. The area so excavated
shall be graded and covered with four inches of topsoil and seeded with perennial
grass not later than June 15 or September 15 whichever date is sooner. If
sufficient topsoil for four-inch cover was not available from the premises
then a cover crop as prescribed by the Engineer shall be spread on the premises.
Thereafter the snow fence may be removed.
E.
Time permitted. The removal shall be completed within
a period of three months from the date of commencement of work. If adverse
weather or working conditions persist, the time period involved may be extended
on application to the Township Committee. The Zoning Officer shall be notified
in advance at least one week by the contractor of the date of commencement
of and of the expected date of completion of work.
F.
Excavating below road grade. No excavation below the
grade of any adjoining road shall be permitted.
G.
Placement of soil removed. Soil removed shall not be
deposited or in any way thrown or placed upon adjoining property or public
roads.
H.
Compliance with laws and permit. All operations shall
be conducted in strict accordance with any state law, other ordinances of
the Township, and the terms of the application as modified by the permit as
granted.
I.
Nuisance prohibited. The operation shall be so conducted
as not to constitute a nuisance to adjoining owners and in no event shall
any sharp declivities, pits or depressions be created.
J.
Final grading. Upon completion of an operation or an
excavation, the area shall be properly leveled off, cleared of debris, and
graded to conform to the contours and grades as approved by the Committee.
K.
Slope permitted. No slope along the perimeter of any
excavated area shall exceed one foot vertical to five feet horizontal.
L.
Hours of operation. Hours of operation shall be limited to the following: 7:00 a.m. to 5:00 p.m., Mondays to Fridays, both inclusive. There shall be no operations of any kind or character on Saturdays except as to premises located in the business or industrial zone as defined in Chapter 140, Land Use and Development Regulations.
M.
Invalidation of permit for noncompliance. The failure
to comply with the provisions of this chapter shall invalidate a permit immediately
and constitute reasons for denial of any permit.
Each operation shall be inspected by the Zoning Officer and the Engineer,
at least once in each month and a written report made of such inspection.
The permittee shall pay the cost of reinspection not exceeding $20 per acre,
required because of violations found in the course of regular inspections,
and paid to the Township Clerk.
After reasonable notice and an opportunity to be heard before the Township
Committee, the permit of any person may be revoked or suspended for such period
as the Township Committee may determine, for any violation of the terms hereof
or the terms and conditions of any permit granted hereunder. The Zoning Officer
shall be specifically charged with the enforcement of this chapter.
This chapter shall not apply to land and premises for which a license to mine, sell and deal in sand and gravel was granted under Chapter 150, Mining.
The excavation, grading or removal of soil or topsoil from lands or premises which are located in a residential zone as defined by Chapter 140, Land Use and Development Regulations, of the Code, for the purpose of sale or removal of such soil or topsoil from any such lands or premises is expressly prohibited, except that excess soil or topsoil not needed on the premises may be removed if the excavation is in connection with the construction or alteration of a building for which a building permit has been granted, but only after a basement or cellar of the proposed building has been constructed and the premises rough graded.
No permit for the grading or removal of soil shall be issued until the
Township Clerk receives a certification from the Tax Collector that all real
property taxes and assessments pertaining to the property for which the soil
removal or grading permit is sought are current and that no such taxes or
assessments are then due and owing.
