[HISTORY: Adopted by the Township of Southampton by Ord. No. 1977-3; amended
by Ord. No. 1981-11; by Ord. No. 2006-4. Subsequent amendments noted where applicable.]
No person shall excavate, move or remove more than 500 cubic
yards of soil for sale or use on the premises, except, in connection
with a construction or alteration of a building on such premises and
excavating or grading incidental thereto, without having procured
permission therefor from the Township Committee pursuant to the applicable
provisions of the Soil Removal Ordinance.
The Township Committee shall not consider any application for
the removal of soil from the premises for sale or otherwise unless
and until the owner of the premises shall first file with the Township
Clerk 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 soil in relation to the topography
of the premises, and the proposed contour lines and grades shall be
subject to the inspection and approval of the Township Committee.
No such permission for soil 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.Â
Upon written request for a hearing made by the applicant to the Township
Committee, an opportunity to be heard shall be granted within 30 days
thereafter and the Township Committee, in considering and reviewing
the application and in arriving at its decision, shall be guided by
and take into consideration the public health, safety and general
welfare and particular consideration shall be given to the following
factors:
b.Â
If after examining the application and the map provided for in Subsection 14-1.2 of this chapter, and after the hearing in the event a hearing is requested by the applicant, the Township Committee shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage or sewage problems or other conditions of danger, permission to remove the soil shall be granted.
If permission to remove the soil 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
to the contour lines and grades, as approved by the Township Committee.
The owner of the premises, or the person in charge of the removal
of soil, when permission has been duly granted, shall not take away
the top layer or arable soil for a depth of six inches, but such top
layer or arable soil 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 soil has been removed, pursuant to levels and
contour lines approved by the Township Committee.
Before any permit or permission for soil removal shall be granted
or issued, the owner or applicant shall file with the Township Committee
a bond in acceptable form and with acceptable surety and in sufficient
amount, to insure the faithful performance of the work to be undertaken
pursuant to the permission granted in accordance with the provisions
of this chapter.
No excavation shall be made and no soil shall be removed under
the provisions of this chapter unless a permit therefor shall have
been first obtained, as provided herein, and no excavation shall be
made and no soil shall be removed except in conformity with the provisions
of this chapter.
The Township Committee shall charge and collect for each such
permit:
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-removing
operations are being conducted, to examine and inspect such lands.
The term "soil" as used in this chapter, shall be and construed
to mean any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absence therein of organic matter.
Any person, firm or corporation violating any of the provisions
of this chapter shall be subject to a fine not exceeding $500 or imprisonment
in the county jail for a term not exceeding 90 days, or both, in the
discretion of the judge before whom such conviction shall be had.
Each and every violation and nonconformance of this chapter or each
day that any provision of this chapter shall have been violated, shall
be construed as a separate and distinct violation thereof.
No person shall deposit more than 500 cubic yards of soil, rubble, construction debris, dredge spoils or other material, whether or not for use or resale, on any premises within the Township, without first having obtained permission for such deposit from the Township Committee and a permit in accordance with the provisions of this section. Soil shall be defined as set forth in Subsection 14-1.10 and includes soil that contains or is mixed with water or other liquids.
Application for approval for the deposit of soil, rubble, construction
debris, dredge spoils or other materials shall be made to the Township
Committee on a form provided for such purpose by the Township Administrator.
Such application shall include: (a) the purpose for the deposit of
the materials and whether such deposit is temporary or permanent;
(b) if temporary, the duration that the materials will be on the site;
(c) current and proposed contours and grades of the site; (d) the
proximity of the site to residential uses; (e) a survey showing the
outer boundary lines of the property and the location of the deposit
in relation to them; (f) a comprehensive soils test of the material
to be imported and deposited showing the material to be certified
as clean and free from hazardous wastes and materials; (g) a report
demonstrating that the material will not emit noxious fumes or odors;
(h) measures to control erosion and contain the material on the proposed
site including provisions to prevent wind or water borne erosion;
(i) locations of all wetlands, streams and bodies of waters within
500 feet of the deposit site; (j) copies of any and all permits required
by other agencies having jurisdiction for the activity sought to be
approved; (k) and any other information deemed necessary and appropriate
for the committee to make an informed decision. Application under
these provisions shall be independent of any site plan or subdivision
approval that the activity of the applicant may also require.
The application shall be accompanied by an application fee of
$100. In addition, the applicant shall post in escrow the sum of $1,000
to cover the cost of professional review of the application by the
Township's professional advisors. Any unused portion of the escrow
will be refunded to the applicant upon completion of the review and
rendering of a decision by the Township Committee. Should the initial
deposit be insufficient to cover the total cost of the professional
review, the applicant shall post additional monies as necessary to
complete such review. The Township Committee shall not be obligated
to process any application with a deficient escrow account.
Upon receipt of a fully complete application, the Township Committee
shall schedule the matter for a public hearing within 45 days. The
hearing may be adjourned or continued in the discretion of the committee
in order to obtain all necessary information and reach a just decision.
In considering and reviewing the application, the Township Committee
shall be guided by the impact of the proposed activity on the public
health, safety, and welfare and proximity to residential or sensitive
uses with particular attention being addressed to (a) the nature and
composition of the material; (b) whether the material will pose any
risk to the community; (c) erosion by water or wind; (d) proximity
to wetlands, streams, and other bodies of water and the potential
to pollute such areas or cause hazard to wildlife; (e) general impacts
on drainage and surface flow of water; (f) soil fertility; (g) grades
and lateral support; (h) impact on surrounding uses; and (i) such
other factors as may bear upon or relate to the coordinated, adjusted,
and harmonious development of the Township pursuant to sound planning
principles.
Before any permit or permission for the deposit of soil or other material under §§ 14-2 through 14-9 shall be granted or issued, the owner or applicant shall file with the Township Committee a performance guarantee in the form of cash, approved letter of credit, or approved bond in an amount established by the Township Engineer to assure faithful performance of the work in accord with the approved application and any conditions attached to such approval.
Upon receipt of approval from the Township Committee and the
posting of the performance guarantee, the applicant shall obtain a
permit for the performance of the work prior to the commencement of
any implementation of the approval. The applicant shall pay a permitting
fee of $300 for fill up to 20,000 cubic yards. For fill over this
amount, an additional fee of $10 shall be paid for each additional
1,000 cubic yards or portion thereof. Permit fees shall be use to
defray the cost of issuance and site inspections.
For purposes of administering and enforcing these provisions,
any duly authorized officer, agent or employee of the Township shall
have the right to enter into and upon the lands subject to the permit
to examine and inspect the premises for compliance with this section
and any permit issued pursuant to it.
