[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993 by Ord. No. 93-30 as Ch. 188, Art. I, of the 1993 Code. Amendments noted where applicable.]
Development regulations — See Ch. 95.
Flood damage prevention — See Ch. 113.
Soil erosion — See Ch. 192.
Stormwater regulations — See Ch. 201.
Soil erosion associated with excessive cutting of trees — See Ch. 222.
The Township Committee finds and determines that the unregulated and uncontrolled relocation, filling, excavation and removal of soil on a large scale for 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.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- A soil removal permit used 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 other 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 graduation of the topsoil shall be within the following limits:
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 excluding all grading incidental thereto, without first having obtained a permit therefor approved by the Committee. The permit shall be conspicuously posted and displayed on the entrance to the premises.
Before the issuance of a permit, the applicant shall make application therefor on a form available from the office of the Township Clerk, and the data in the application or accompanying documents shall show the following:
The name and address of the owner 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 tax block and lot number of the property involved.
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 number of cubic yards to be removed pursuant to the permit.
Routes to and from the proposed site to be used in transporting soil removed.
Engineering report. 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 regarding the permit to be issued, including the following:
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.
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.
Capacity of public roads to be used for ingress and egress to withstand damage from proposed operation.
Any other recommended considerations or conditions to protect the public welfare or adjoining properties or roads.
Depth of topsoil to be stripped as determined by soil borings shall be indicated on the map. The number of soil borings shall be sufficient to determine the actual quantity of topsoil, in cubic yards, which must be stripped prior to commencing of soil removal operations. In no case shall the number of borings be less than one per acre. In the event that the quantity of topsoil at the site exceeds the quantity required to be replaced once the soil removal operations have been completed, the applicant shall indicate on the plan the eventual disposition of such excess topsoil.
Issuance of permit.
After receiving the engineering report, the Committee shall fix a time and place for a hearing thereon not less than two weeks, nor more than 30 days, from the date of the report. The applicant shall be obligated to notify property owners within 200 feet of the outside boundaries of the property to be licensed by certified mail, return receipt requested, that a topographical survey map has been placed on file in the office of the Township Clerk, together with an application for a soil removal permit pursuant to the provisions of this chapter. Notices may be mailed to the addresses shown on the tax records. Objections, if any, to the grant of the permit shall be addressed to the office of the Township Clerk and shall be in writing at least three days prior to the hearing date established by the Committee. The Committee shall consider subsequent to hearing on the objections, if any, the report of the Township Engineer and other 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.
If the Committee finds that the permit, if granted, will not have an adverse effect on the above considerations, the permit shall be issued. Permits may be issued with reasonable conditions designed to meet the engineering recommendations under Subsection A.
The permit shall expire one year from the date of issuance.
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 substance and form acceptable to the Committee in such amount as recommended to the Committee by the Township Engineer to be sufficient to insure the faithful performance of the work to be undertaken pursuant to the conditions of the permit and the terms hereof.
Each application shall be accompanied by a fee in the amount of $150. If the application is granted, additional fees pursuant to the following schedule must be paid prior to the issuance of the permit:
In the event an application is granted, the deposit of $150 or a part thereof shall be applied toward the soil removal fees. In the event that an application is denied, the fee deposited shall be returned after deducting engineering, legal or other expenses.
Every operation shall be inspected by the Township Engineer at least once in two months and during the time period that the operation of the permittee is being conducted. The permittee shall pay the cost of such inspection of the Township at the rate of $0.03 per cubic yard up to 10,000 cubic yards; at the rate of $0.015 per cubic yard up to 60,000 cubic yards; and at the rate of $0.005 per cubic yard for all soil removal in excess of 60,000 cubic yards.
The minimum inspection fee shall be $100, and in the event that reinspection is required by reason of violations found in the course of the regular inspection, the permittee shall pay an additional $100 for each reinspection by the Township.
Permit conditions. 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:
All topsoil on the premises shall be temporarily stored on the premises inside a fenced area during operations and, after grading is completed, respread on the premises to a depth of not less than four inches.
Not more than three acres shall be excavated at one time, enclosed with a snow fence, including the area used for storage of topsoil, properly leveled off, cleared of debris and graded to conform with the contour lines and grade recommended for approval by the Township Engineer to the Township Committee and approved by the Township Committee. The Township Engineer may recommend to the Township Committee a waiver with regard to the three-acre limitation of excavation at any one time. In the event that the Township Committee approves such recommendation, the area of work shall encompass that area so recommended by the Township Engineer to the Township Committee.
All trees, stumps and brush shall be removed monthly and not buried on the premises.
The area so excavated shall be graded and covered with four inches of topsoil and seeded with perennial grass during the planting season. If sufficient topsoil for four inches of cover was not available from the premises, then a cover crop as prescribed by the Township Engineer shall be spread on the premises. Thereafter the snow fence may be removed.
The removal shall be completed within a period of six 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 Committee. The Township Engineer 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.
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 § 195-5A(3), the area shall be properly leveled off, cleared of debris and graded to conform to the contours and grades as approved by the Township Committee upon recommendation of the Township Engineer.
No slope along the perimeter of any excavation area shall exceed one foot vertical to five feet horizontal.
Hours of operation shall be limited to the following: sunrise to sunset. There shall be no operations of any kind or character on Sundays or legal holidays.
Permittee shall be allowed to continue the initial topographical survey map approved by the Township Committee upon recommendation of the Township Engineer, so long as permittee complies with the contours and grades set forth therein.
Under no circumstance shall the permittee remove excess topsoil from the corporate limits of the Township of Manalapan.
Condition of roads.
Every person who shall transport over the streets, roads or highways in the Township any soil removed from any land or premises pursuant to a soil removal permit issued in accordance with this chapter shall sweep, pick up and remove or cause to be swept, picked up and removed all dust, dirt and mud from such roadway, streets or highways and shall apply, or cause to be applied to the roadway, streets or highways, a dust preventative wherever the same shall be determined necessary, and such fact shall be communicated to the holder of the permit by the Township Engineer at least two times a week during the removal operation.
In the event of failure, neglect or refusal of any person to so sweep, pick up and remove dust, dirt and mud or to apply a dust preventative when required by this subsection, the Township Engineer is authorized to suspend any soil removal permit issued for a period of not less than three days or report such fact to the Committee, in writing, for the purpose of its determination as to whether or not said soil removal permit be revoked as hereinafter provided.
Upon 10 days' notice and an opportunity to be heard before the Committee, the permit of any person may be revoked or suspended for such time period as the Committee may determine for any violation of the terms hereof or the terms and conditions of any permit granted hereunder.
In addition to action on the bond required or the revocation provided for herein, any person who violates this chapter or any director or officer or a corporation who participates in a violation of this chapter shall, upon conviction thereof, be subject to the penalty provisions of this Code.
The provisions of this chapter shall not apply to any person who on June 10, 1970, was engaged in soil removal activities in the Township; who resides in the Township; who has his homestead or is the record owner of the land being used in such soil removal operations. Prior to the commencement of such soil removal operation under this section, such person must obtain a permit from the Township Engineer to conduct such operation. A person who receives a permit pursuant to this section, who engages in soil removal operations, shall file each month with the Township Engineer a statement setting forth for each operation the date, the destination and the approximate number of cubic yards of fill transported by him. The premises for which such permit has been issued for the operation referred to in this section shall be subject to periodic inspection by the Township Engineer, and, if in the opinion of the Township Engineer corrective measures must be taken to prevent erosion and to protect the general welfare, the permittee shall abide by such recommendations or forfeit his permit. The soil removal operation permitted by this section shall not be expanded to other acreage and shall not be transferred by the permittee to any other person. In the event that the permittee conveys the lands and premises for which a permit has been issued, the permit shall be deemed abandoned, and in the event that soil removal operations are undertaken, the new owner shall meet all of the requirements of this chapter.