[HISTORY: Adopted by the Township Council
of the Township of Livingston 11-5-1979 as Ch. 24 of the 1979 Revised
General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 170.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in
the construction of two or more dwelling houses, business or industrial
buildings for the purpose of sale to or occupancy by another person
or persons.
Any person engaged in the moving, removal or excavation of
soil or topsoil from, in or upon any land.
Any land in the Township in excess of one acre in area.
To dig; excavate; remove; deposit; place; fill; grade, regrade,
level, or otherwise alter or change the location or contour; transport,
or supply. This term shall not be construed to include plowing, spading,
cultivation, harrowing or discing of soil, or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
Any person having title to any land or having such other
interest or estate therein as will permit exercise of effective possession
thereof or dominion thereover.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter.
Soil that, in its natural state, which constitutes the top
layer of earth, and is composed of 2% or more, by weight, of organic
matter and has the ability to support vegetation.
A.
No owner, developer, excavator or other person shall
move or cause, allow, permit or suffer to be moved, any soil from
any land in the Township, until a soil permit shall have been issued
as hereafter provided.
B.
No owner, developer, excavator or other person shall
cut down, or cause, allow, permit or suffer to be cut down, any bank
of soil anywhere in the Township, until a soil permit shall have been
issued as hereinafter provided.
The application procedure for the issuance of
a soil permit shall be as follows:
A.
On a form supplied by the Township Engineer, the applicant
shall set forth in duplicate:
(1)
The identity and address of the applicant;
(2)
The description of the land in question;
(3)
The identity and address of the owner of the land:
If the owner shall signify his consent to the application by signing
it along with the applicant;
(4)
The purpose or reason for moving, removing, or filling
the soil;
(5)
The kind and quantity, in cubic yards, of soil to
be moved;
(6)
In case of removal, the place to which the soil is
to be removed and the kind and quantity of soil to be removed;
(7)
The proposed dates of the commencement and completion
of the work;
(8)
The type and number of the machines or other equipment
to be used in said operation, and the daily starting and finishing
time during which machines are to be operated; what fences, barriers
or other structures are to be provided to keep children and others
having no business on the land from being thereon.
B.
Accompanying the application there shall be filed
a topographical map prepared and certified by a licensed civil engineer
and land surveyor, in duplicate, showing:
(1)
The present grade on a one-hundred-foot-foot grid
layout;
(2)
The proposed grades of said points when the work has
been completed;
(3)
The quantity, in cubic yards, of the soil involved
in the work;
(4)
The grades of all abutting streets and lands;
(5)
Proposed slopes and lateral supports;
(6)
Present and proposed surface water drainage;
(7)
The location of all trees having a diameter of six
inches or more at the base.
C.
In addition to the above requirements of Subsections A and B of this section, the applicant shall furnish such other pertinent data as the Township Engineer may require after he has had an opportunity to examine the proposed project, including the extent (in cubic yards) of topsoil to be removed and whether such topsoil is to be replaced on the site in question or moved to some other place, and if so, to what other place.
A.
With the application, there shall be submitted a permit
fee of $500.
[Amended 2-22-2016 by Ord. No. 8-2016]
B.
In the event of a refusal of such soil permit, 1/2
of the permit fee shall be returned to the applicant and the remaining
1/2 shall be retained by the Township to partially cover the expense
of the investigation of the project by the Township Engineer prior
to his refusal of the permit.
In considering the application, the Township
Engineer shall be guided by, and shall take into consideration, the
following factors:
A.
Soil erosion by wind and water;
B.
Surface and subsurface water drainage;
C.
Soil fertility;
D.
Lateral support of abutting streets and lands;
E.
Public health and safety;
F.
Land values and uses;
G.
Preservation of trees and shrubbery;
H.
Prevention of sharp declivities, pits and depressions:
I.
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township.
A.
The Township Engineer shall grant or refuse to grant
the requested permit within 10 days from the date of the filing of
the application.
B.
In the event of refusal, the applicant may, within
five days thereafter, appeal said refusal to the Council. The Council,
after investigation and study of the project, shall afford the applicant
a public hearing at a regular meeting of the Council to be held not
less than three weeks after the appeal of the applicant has been filed
with the Township Clerk.
C.
No refusal of the Township Engineer shall be reversed
by the Council except upon the vote of at least 2/3 of its entire
membership.
D.
The decision of the Council on any such appeal shall
be immediately communicated to the applicant by letter, at the address
shown on the application, and to the Township Engineer.
E.
In the event the Council decision is to cause the
permit to be issued, the Township Engineer shall forthwith issue the
permit applied for.
A.
In the event the application for soil removal involves
the complete removal of a bank which extends above the elevation of
the surrounding lands or the elevation of a public road or street
adjacent to the land or lot upon which such removal project is to
take place, such removal shall be conducted in such manner as to leave
the final grade of the land or lot from which the bank is to be removed
no lower than the grade of the surrounding lands or of such public
road or street.
B.
The final grade shall be established and maintained
at a minimum of 1/2% to insure proper drainage.
In the event the application for soil removal
involves the partial cutting down of a bank, such project shall be
conducted in such manner as to leave all sides of the remaining portion
of the bank at a slope of at least 1 1/2 horizontal to one vertical,
if the resultant bank is less than 10 feet in height, and at least
three horizontal to one vertical, if the resultant bank is 10 feet
or more in height.
A.
Whenever any owner, developer or excavator shall move
topsoil in or upon any land, provision shall be made for the storage
of said topsoil within the boundary lines of said land.
B.
Except as hereinafter provided, all of the topsoil
so stored shall be uniformly replaced over the entire area or surface
of the land on or before the completion date set forth in the soil
permit, so that the final grade or grades of said replaced topsoil
shall be in accordance with the proposed final grades shown on the
topographical map.
C.
No owner, developer or excavator shall remove to any
point beyond the boundary lines of the land any topsoil whatsoever,
unless and until topsoil not inferior in quality to that to be removed
shall first have been replaced uniformly to a depth of not less than
six inches when spread, or not less than four inches when packed or
settled, measured from the proposed final grades as shown on the topographical
map, over the entire surface or area of the land, excepting only such
portions thereof as shall be or shall have become, since the date
of filing of said topographical map, permanently covered by a building
or structure, street, pavement, curb, sidewalk, driveway or other
paved area, or by any body of water or waterway. In no event shall
the owner, developer or excavator remove from the land more topsoil
than that comprising the surplus or excess remaining after the replacement
of the topsoil as aforesaid.
A.
Every soil removal project authorized under and pursuant
to a permit issued in accordance with the provisions of this chapter
shall be conducted in such manner as not to create a condition hazardous
to the life or limb of persons who may go upon the property, or to
the health, safety or welfare of the Township.
B.
All boulders, tree stumps and other debris shall be
removed from the property.
A.
Every person who shall transport over the streets,
roads or highways of the Township any soil removed from any land or
lot pursuant to a soil 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 the roads, streets or highways
abutting such land or lot for a distance of 500 feet from the site
of the project and for a distance of 500 feet from the point of delivery
of such soil, if such point of delivery is located within the Township,
and shall apply, or cause to be applied, to said streets, roads or
highways, for the distances herein specified, a dust preventative
whenever the same shall be necessary or required by the Township Engineer.
B.
In the event of the failure, neglect or refusal of
any person so to sweep, pick up and remove such dust, dirt or mud,
or to apply a dust preventative, as required by this section, after
notification so to do by any duly authorized officer, agent or employee
of the Township, the Township Engineer is hereby authorized to suspend
any soil permit issued to such permit for a period of not less than
three days, or to revoke the same.
No soil permit shall be issued unless and until
the applicant therefor shall have posted with the Township a performance
bond in form and with surety acceptable to the Township, and in such
amount as the Township Engineer shall determine to be reasonable depending
upon the nature and extent of the work to be done, conditioned upon
full and faithful performance by the principal, within the time specified
in the application, of all the proposed work in accordance with the
provisions of this chapter and of the soil permit issued pursuant
thereto.
For the purpose of administering and enforcing
this chapter, any duly authorized officer, agent or employee of the
Township shall have the right to enter into and upon any lands in
or upon which soil moving operations are being conducted, to examine
and inspect such lands.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $500, or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.