[HISTORY: Adopted by the Township Committee of the Township of Independence 12-17-1981[1] (Ch. 134 of the 1984 Code). Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 134, Soil
Removal, adopted 4-12-1966, as amended.
This chapter shall be known and may be cited as the "Independence Township
Soil Removal Ordinance."
[Amended 11-12-1985 by Ord. No. 85-13]
The words defined in this section shall mean and include the following
when used in this chapter:
A plan developed with both text and map or drawings as necessary
to comply with the requirements of this chapter.
Any facility which was in operation prior to adoption of this chapter
and which was granted a valid soil removal permit for the calendar year 1981.
Any facility from which a total of 10,000 cubic yards or more of
soil is expected to be extracted during the lifetime of the permit.
Any facility which is not a major facility.
A soil removal permit issued under the terms hereof.
Includes an individual, a partnership, a corporation or any other
legal entity.
Includes dirt, rock, gravel, sand, humus, clay, loam, rock, topsoil,
mulch, gravel, silt and mixtures of any of these.
The Township of Independence.
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 without first having obtained a permit therefor approved by
the Committee. Excluded, however, is soil removal affiliated with the following
activities:
A.
Excavation for construction or alteration of a building
for which a building permit has been issued or excavation to meet grades and
elevations for any project which has received site plan approval by the appropriate
municipal agency; other home and building maintenance and/or repair where
soil removals will not exceed 40 cubic yards.
[Amended 11-12-1985 by Ord. No. 85-13; 3-13-2007
by Ord. No. 2007-11]
B.
Excavation or grading incidental to the above; other
home and building maintenance and/or repair where soil removals will not exceed
40 cubic yards.
[Amended 3-13-2007 by Ord. No. 2007-11]
C.
Transplanting balled landscape stock.
D.
Removal of sod.
E.
Landscaping materials which have been previously stockpiled
from off-site sources.
F.
Other home and building maintenance and/or repair where
soil removals will not exceed 40 cubic yards.
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:
A.
The name and address of the owner(s) of the tract involved.
B.
The name and address of the applicant.
C.
Certification by the owner acknowledging the application.
D.
The name and address of the agent responsible for the
soil removal operation.
E.
The estimated quantity of material to be removed yearly
and total estimated quantity to be removed during the life of the permit.
[Amended 11-12-1985 by Ord. No. 85-13]
F.
A statement describing equipment used directly or indirectly
in the soil removal operation and whether or not the said soil removal operation
is conducted above or below the groundwater level.
G.
Township roads to and from the proposed site which will
be regularly used in transporting soil removed.
H.
Period for which permit is sought. The maximum period
shall be two years for minor facilities.
[Amended 11-12-1985 by Ord. No. 85-13]
I.
A map based on the Tax Map or similar accurate basis
of the premises for which a permit is sought showing the Tax Map lot and block
number, adjoining properties within 200 feet, the names and addresses of adjoining
property owners and the extent of the area to be disturbed.
[Amended 11-12-1985 by Ord. No. 85-13]
A.
A certified plan updated every two years for a major
facility shall be filed with the Township. For minor facilities involving
less than 2,000 cubic yards, a certified plan shall not be required. A certified
plan shall include the following:
(1)
A map of the affected parcel based upon an accurate survey
and drawn to a scale not smaller than one inch equals 100 feet. Said map shall
be drawn on sheets not larger than 24 inches by 36 inches in size. Separate
maps shall be prepared as necessary to show proposed excavation areas and
final restoration.
(2)
Existing contours at a minimum of five-foot intervals
on the affected parcel and a minimum of 100 feet therefrom. Elevations shall
be based on United States Geological Survey datum.
(3)
The location of all buildings and structures on the affected
parcel and on all abutting parcels.
(4)
All existing surface water drainage and provisions therefor.
(5)
All wooded areas.
(6)
The average depth of topsoil as determined by taking
borings in representative quantities.
(7)
Streams, springs, ponds and other water bodies on or
within 200 feet of the site.
(8)
Soils mapping from data available through Warren County
Soil Conservation Service.
(9)
Description of property corner markers as they may exist.
(10)
Proposed details for surface water drainage and/or any
streams, bodies of water and watercourses.
(11)
Buffer zones to be provided.
(12)
Final topography at five-foot contour intervals.
(13)
An erosion and sediment control plan certified by the
Warren County Soil Conservation District pursuant to Chapter 251 of the Public
Laws of 1975, entitled the “Soil Erosion and Sediment Control Act,”
shall be included with the plan.
(14)
Final restoration plans, including but not limited to
topsoil, redistribution, seeding, mulching, buffer plantings, etc. Certified
plans for existing facilities shall include provision for restoring areas
previously disturbed.
B.
The Township Engineer shall review each updated plan as it is received and shall report to the Township Committee whether or not the updated plan involves any change in the intent or scope of the plan as originally submitted and approved. If such a change is found, the Township Committee may require a new hearing as described in § 333-7 herein.
A.
All applications shall be accompanied by fees and deposits
payable to the Township according to the following schedule to cover expenses
related to administrative and engineering services:
B.
Deposits shall be renewed in January to the extent that
the amount on deposit shall not be less than the initial deposit.
[Added 11-12-1985 by Ord. No. 85-13]
C.
In addition to the fees and deposits above, major facilities
which have received approval from the Committee to operate, shall file with
the Township a bond acceptable in form and surety to the Township Attorney
to ensure faithful completion of final restoration measures. The amount of
the bond shall be determined by the Township Engineer after reviewing the
certified plan.
A.
All applications shall be filed with the Township Clerk, Barring administrative deficiencies, the Clerk will forward the application to the Township Engineer for review and will notify all property owners within 200 feet of the facility and publish notice of the meeting in the newspaper. A complete application will be scheduled on the agenda at the next regular monthly meeting following a two-week review period. An engineering review report presenting findings and recommendations shall be presented at said meeting. The report may include recommendations for additional information and investigations to supplement the minimum requirements of §§ 333-4 and 333-5. The Township Committee in considering and reviewing the application and arriving at its decision shall be guided and take into consideration the public health, safety and general welfare and particular consideration shall be given to the following factors:
B.
If after examining the application and attachments, the
governing body shall be of the opinion that the proposed earth removal will
not create conditions inimical to the public health and safety and welfare,
and will not result in the creation of any sharp declivities, pits or depressions,
earth erosion or fertility problems, depressed land values or create any drainage,
sewerage problems or other conditions of danger, permission to remove the
earth shall be granted. Such permission shall be effective for a period of
time determined by the Township Committee but shall not exceed two years.
[Amended 11-12-1985 by Ord. No. 85-13]
Where an applicant can demonstrate that his proposed operation will
not adversely affect land values and uses, drainage patterns and earth fertility
nor cause erosion, loss of earth stability, sharp declivities or pavement
deterioration of Township roads, nor otherwise jeopardize the health and welfare
of the public, he may request waiver from individual certified plan requirements.
A request for the waiver must accompany the application and must set forth,
in detail, substantiation for each waiver request. The Township Committee
shall consider each waiver request by the applicant at the scheduled public
meeting.
A.
The applicant shall not create declivities, pits or depressions
or by reason of the soil removal cause soil erosion, drainage or sewerage
problems or other conditions of danger.
B.
The applicant shall conduct the operations in such a
manner that the area shall be properly leveled off, cleared of debris and
graded. Operations shall be consistent with the certified plan where applicable
and shall permit the implementation of all final restoration provisions.
C.
The top layer of arable soil (topsoil) for a depth of
six inches (or preexisting depths if less) shall not be removed, but such
top layer shall be stockpiled on the premises for eventual respreading.
D.
The operator shall construct and maintain erosion control
facilities and do whatever is necessary to prevent any erosion that may occur
from being carried onto Township roads or property of others during the removal
operation. Before the granting of any permits or licenses, the Township shall
specify the particular routes and roads which are to be utilized by the applicant's
trucks when hauling the excavated material from and returning to the site.
E.
No soil removal operation shall be conducted between
the hours of 7:00 p.m. and 7:00 a.m. No soil removal shall be conducted on
Sunday or the following holidays: Christmas Day, New Year's Day, Memorial
Day, Fourth of July, Labor Day or Thanksgiving. At no time shall the operation
constitute a nuisance to adjoining properties.
F.
Upon termination of the soil removal permit, the surface
of the premises shall be left in a condition which provides for adequate drainage
so as to prevent undue erosion. All grading and drainage shall be such that
natural stormwater leaves the premises at the original natural drainage points
and that the area drained to any one point is not increased.
G.
All slopes shall be a maximum of 2.5 feet horizontal
for one foot vertical both during and after active removal operations.
H.
Temporary slopes which may be reopened within 12 months
shall not be steeper than the natural angle of repose for the exposed soil
as determined by a testing laboratory. Permanent slopes after removal operations
and slopes which will not be reopened for longer than 12 months shall not
be steeper than three feet horizontal for one foot vertical.
[Added 11-12-1985 by Ord. No. 85-13]
The Engineer shall enforce the provisions of this chapter. He shall
from time to time upon his own initiative, and whenever directed by the Committee,
inspect the premises for which permits have been granted to ensure compliance
with the terms of the permit and of this chapter. The Engineer shall report
all violations to the Committee and shall submit, when requested, a written
report specifying whether or not and in what manner the provisions of this
chapter and of the Zoning Ordinance[1] and of other applicable ordinances or resolutions are being followed.
The Township Committee may revoke or suspend the soil removal permit
of any person violating terms or provisions of this chapter. If convicted
of such violation, said person shall be subject to a fine not exceeding $500
or imprisonment for a term not exceeding 90 days, or both. Each day that a
violation of any of the terms or provisions of this chapter shall continue
shall constitute a separate offense.
