[HISTORY: Adopted by the Township Committee of the Township of Oxford 9-12-1973 (Ch. 80 of the 1974 Township Code). Amendments noted where applicable.]
Land use procedures – See Ch. 51.
Driveways – See Ch. 164.
Off-tract improvements – See Ch. 226.
Sewers – See Ch. 260.
Site plan review – See Ch. 265.
Soil conservation and protection – See Ch. 271.
Stormwater management – See Ch. 285.
Streets and sidewalks – See Ch. 294.
Subdivision of land – See Ch. 298.
Tree removal – See Ch. 313.
This chapter shall be known and may be cited as the "Oxford Township Soil Removal Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- The Township Committee of the Township of Oxford.
- A soil removal permit issued under the terms hereof.
- Includes an individual, partnership, corporation or any other legal entity.
- Dirt, stone, gravel, sand, humus, clay, loam, rock, topsoil, muck and mixtures of any of these.
- The arable soil within six inches of the surface.
- The Township of Oxford.
No person shall excavate for the 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 is incidental thereto, without first having obtained a permit therefor approved by the Committee. Soil brought into the Township for processing, to be removed within one year, shall not be considered the subject matter of a permit; however, any stockpile area shall first be approved by the Township Engineer as to location and relationship to existing roads, waterways and drainage structures.
Before the issuance of a permit, the applicant shall make application therefor on a form available from the Township Clerk, and the data in said application or accompanying documents shall show the following:
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 signed consent of the owner shall be required if the applicant is not the owner.
A map of 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. The minimum contour interval of five feet is hereby required, and two-foot contour intervals can be required at the discretion if the Township Engineer.
The tax block and lot number of the property involved, if any.
A description of any processing of the soil which will be done on the premises, including a description of equipment and plans of such processing equipment and facilities.
The name and address of the person who will do the work of removing the soil.
The number of cubic yards to be removed pursuant to the permit.
Routes to and from the proposed site to be used in transporting the soil removed.
The period for which the permit is sought.
A soil erosion - sediment control plan in accordance with the standards of the Warren County Soil Conservation District.
[Added 10-21-1993 by Ord. No. 93-11]
Each such application shall be accompanied by a deposit of a fee of $250 for the operation of removal of soil up to 500 cubic yards. Applications involving over 500 cubic yards shall pay a fee of $1,000, plus a sum computed at a rate of $0.05 per cubic yard multiplied by the number of cubic yards to be moved. In the event that the application is denied, the fee deposited shall be returned after deducting actual engineering or legal fees incurred by the Township in the course of processing the application. In the event that the application is granted, the applicant shall pay the reasonable costs of engineering or legal service incurred by the Township which exceed the original deposit.
The application and fee shall be filed with the Township Clerk. If more than 10,000 cubic yards are to be removed, 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:
[Amended 10-21-1993 by Ord. No. 93-11]
Areas shown on a map, if any, where excavation should not be permitted because of adverse effects on abutting property or roads.
Changes, if any, in permitted contours and slopes to be accomplished by proposed removal.
The maximum area from which topsoil may be stripped, before replacement thereof, to permit soil removal with consideration being given to the number of yards to be removed and the duration of the requested permit.
The capacity of public roads to be used for ingress and egress to withstand damage from the proposed operation.
Any other recommended considerations or conditions to protect the public welfare or adjoining properties or roads.
Before any permit shall be granted, the applicant shall file with the Township Clerk a bond, approved as to form by the Township Attorney and with surety in an amount in accordance with the recommendation of the Township Engineer, which amount shall be sufficient to ensure the faithful performance of the work to be undertaken as approved.
All embankments or slopes shall be stabilized during excavation, as well as on stockpiled material, to the satisfaction of the Township Engineer.
After receiving said report, the Committee shall fix a time and place for a public hearing thereon not less than two weeks nor more than 30 days from the date of the report. The applicant shall publish a notice of the time and place of such hearing in the official newspaper of the Municipality at least one week prior thereto, specifying that he is applying for a permit, the general location and size or acreage of the property involved and the names and addresses of the owner and applicant. The applicant shall notify the owners of property within 500 feet of the outside boundaries of the property to be licensed, personally or by certified mail. Notices may be mailed to the addresses shown on the tax records. After the hearing, the Committee shall grant or deny the permit 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:
Soil erosion by water and wind.
Drainage or sewerage problems.
Lateral support slopes and grades of abutting roads and lands.
Land values and uses.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
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:
Topsoil shall not be removed from the licensed owner's premises; but, on completion of operations in each area defined in the permit as determined pursuant to § 275-6A(3), the topsoil so retained shall be respread on the surface. If no such area is defined, the topsoil shall be respread when the entire operation is completed.
Soil removed shall not be deposited or in any way thrown or placed upon adjoining property or public roads.
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.
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.
Upon completion of an operation or of excavation from an area delineated under § 275-6A(3), the area shall be properly leveled off, cleared of debris and graded to conform to the contours and grades as approved by the Committee. Seeding and mulching shall be required on all areas after completion of the excavation.
[Amended 10-21-1993 by Ord. No. 93-11]
No slope along the perimeter of any excavated area shall exceed 30° from the horizontal.
On or before the fifth of each month or at the completion of the permitted work, there shall be filed with the Township Engineer a certification by a professional engineer as to the volume of soil previously removed. Upon the completion, and prior to the release of the bond, an as-built drawing shall be filed with the Township Engineer and certified by a professional engineer reflecting the final elevations, slopes and cross sections of the area and immediately surrounding undisturbed area. The violation of any part of this provision shall automatically revoke the permit.
Each such operation shall be inspected by the Township Engineer at least once in each calendar year and a written report made of such inspection. The permittee shall pay the cost of such inspection, not to exceed the sum of $500, and the reasonable cost of reinspection required because of violations found in the course of regular inspections.
After reasonable notice and an opportunity to be heard before the Committee, the permit of any person may be revoked or suspended for such period as the Committee may determine for any violation of the terms hereof or the terms and conditions of any permit granted hereunder.
Any person who violates this chapter or any director or officer of a corporation who participates in a violation of this chapter shall, upon conviction thereof, be subject to a fine of up to $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Judge before whom such violation is tried. Each day that a violation continues shall be considered a separate and distinct violation hereof.