[HISTORY: Adopted by the Township Committee
of the Township of Blairstown as Ch. XIV (Ord. No. 163) of the 1977 Revised General
Ordinances. Amendments noted where applicable.]
The Township Committee finds and determines
that the unregulated and uncontrolled relocation, filling, excavation
and removal of earth on a large scale has resulted in conditions detrimental
to the public safety, health and general welfare substantially hampering
and deterring the efforts of the municipal planning.
As used in this chapter, the following terms
shall have the meanings indicated:
Topsoil, muck, humus, rock, gravel, and all types of earth
similar thereto.
No person shall excavate or otherwise remove
earth for sale or use other than on the premises from which the earth
shall be taken except in connection with the construction or alteration
of a building on such premises, and excavation on normal grading incidental
thereto, without first having procured permission therefor from the
Township Committee.
The Township Committee shall not consider any
application for the removal of earth from the premises for sale or
otherwise unless and until the owner of the premises shall first file
with the Township Committee 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 earth
in relation of the topography of the premises and the proposed contour
lines and proposed grades shall be subject to the inspection and approval
of the Township Committee. No such permission for earth 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.
A.
Factors listed. 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.
Refusal of permission; hearing. In the event permission
is not granted, the applicant upon written request for a hearing made
to the Township Committee shall be given an opportunity to be heard
within 30 days after the refusal of the application.
C.
Approval granted. If after examining the application and map, provided for in § 99-4, or after the hearing, in the event a hearing is requested by the applicant, the Township Committee shall be of the opinion that the proposed earth removal will not create conditions inimical to the public health, 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 sewage problems or other conditions of danger, permission to remove the earth shall be granted. Such permission shall be effective for a period of time to be determined by the Township Committee.
If permission to remove the earth shall be granted,
the owner or person in charge shall so conduct the operation that
there shall be no sharp declivities, pits or depressions and in such
a manner that the area shall be properly leveled off, cleared of debris
and graded to conform with the contour lines and grades as approved
by the Township.
The owner of the premises or person in charge
of the removal of the earth, when permission has been duly granted,
shall not take away the top layer of arable earth for a depth of six
inches, but such top layer of arable earth 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 earth has been removed, pursuant
to levels and contour lines approved by the Township Committee.
Before any permit or permission for the removal
of earth shall be granted or issued, the owner or applicant shall
file with the Township Committee a bond in form and with acceptable
surety, if required, in such amount as shall be deemed sufficient
to insure the faithful performance of the work to be undertaken.
No excavation shall be made and no earth shall
be removed under the provisions of this chapter, unless a permit therefor
shall have been first obtained as provided herewith, and no excavation
shall be made and no earth shall be removed except in conformity with
the provisions of this chapter.
