As used in this chapter, the following terms shall have the meanings indicated:
Construed to refer to any earth, sand, clay loam, gravel, humus, rock or dirt without regard to the presence or absence therein of organic matter.
[HISTORY: Adopted by the Township Committee of the Township of Carneys Point 9-21-1960 as Ord. No. 142. Section 178-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
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 in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, without first having procured permission therefor from the Township Committee.
A.
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 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 Committee. 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.
B.
Every application for a permit for the excavation or removal of soil pursuant to the terms of this chapter shall be accompanied by a check payable to Carneys Point Township in the amount of $350. Fifty dollars of the aforesaid amount shall be considered to be a nonrefundable application fee. Three hundred dollars of the aforesaid sum shall be placed in an escrow account to defer the cost of professional services, including engineering, legal and other expenses connected with the review of the application materials. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified, and the applicant shall pay the required additional amount prior to the issuance of a permit.
[Added 6-13-1984 by Ord. No. 384]
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 factors set forth in the preamble to this Ordinance No. 142.[1] If the Township Committee, after appraising the application on the basis of the standards referred to in the preamble to this Ordinance No. 142, is of the opinion that the soil removal will not create conditions inimical to the public health, welfare and safety, a permit shall be issued, and in issuing such permit the Township Committee may require the applicant to take such measures or precautions as it may consider necessary to the effectuation of the factors set forth in the preamble to this chapter and in furtherance of the public safety, health and general welfare.
[1]
Editor's Note: The Preamble to this Ord. No. 142 reads as follows:
The Township Committee of the Township of Upper Penns Neck [Carneys Point] in the County of Salem does hereby find and determine that:
(a) The unregulated and uncontrolled relocation, filling, excavation and removal of soil by developers and excavators has resulted in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Township of Upper Penns Neck [Carneys Point] to effectuate the general purpose of municipal planning; and
(b) Continuation of the unregulated and uncontrolled relocation, filling, excavation and removal of soil will result in serious and irreparable damage to the public welfare by reason of consequent soil erosion by water and wind; inadequate and improper surface water drainage; the decrease in or destruction of the fertility of soil; the removal of lateral support of abutting streets, lands and premises; the creation of dust storms and mosquito breeding places; the creation of dangerous depressions or pits; the deterioration of property values; the rendering of lands unfit or unsuitable to their most appropriate uses; and the creation of other factors and elements hampering and deterring the coordinated, adjusted and harmonious physical development of the Township.
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall no be sharp declivities, pits or depressions and in such 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; and the owner or person in charge shall provide such further safeguards and comply with such conditions as the Township Committee shall have made in connection with granting of the permit.
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 Committee.
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 a form and with surety acceptable to the Township Committee in such amount as in the opinion of the Township Committee shall be sufficient to insure the faithful performance of the undertaking, which bond shall be conditioned that the work of soil removal shall comply with the ordinances and regulations thereunder and the conditions subject to which the permit is issued.
[Added 9-12-1984 by Ord. No. 387]
Before any permit or permission for soil removal shall be granted or issued, the owner or applicant shall file with the Township Committee a certificate from the Township Tax Collector verifying that all taxes on the subject property are paid.
For the purpose of administering and enforcing this chapter, any duly authorized officer, agent and employee of the Township of Carneys Point shall have the right to enter into and upon any lands on or upon which soil-removing operations are being conducted to examine and inspect such lands and operation.
[Amended 5-20-1985 by Ord. No. 393]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not exceeding $1,000 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 with 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.