The power to regulate soil removal is included within
the general police power granted by N.J.S.A. 40:69A-29, 30.
[1973 Code § 12-1]
The Township Council finds that the uncontrolled and unregulated
excavation, filling and removal of soil has resulted and will result
in conditions detrimental to the public safety, health and general
welfare, deterring substantially the efforts of the Township to promote
and effectuate the general purpose of Township planning.
[1973 Code § 12-2]
As used in this chapter:
shall mean to dig, excavate, remove, deposit, fill, grade,
replace, level or otherwise alter or change the location or contour
of land or to transport or supply the same.
shall mean any change or alteration in the grade of any property.
shall mean earth, sand, clay, loam, gravel, humus, rock or
dirt, without regard to the presence or absence of organic matter.
[1973 Code § 12-3]
No person shall excavate or otherwise remove soil for sale or
for use other than on the premises from which the soil has been taken,
except in connection with the construction or alterations of a building
on such premises, and excavation or grading incidental thereto, without
first having procured permission therefor from the Township Manager.
[1973 Code § 12-4]
The Township Manager 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 Secretary
of the Planning Board an application requesting such permission, and
until the following have been observed:
A map of the premises showing the present contour lines of the
premises and the proposed contour lines and proposed contour grades
resulting from such intended removal of soil in relation to the topography
of the premises must also accompany the application.
The proposed contour lines and proposed contour grades shall
be subject to the inspection and approval of the Township Engineer
and the Township Planning Board.
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 Engineer and the Planning Board.
[1973 Code § 12-5]
In acting on the application, the Township Manager shall be
guided by the following factors.
Soil erosion by water and wind.
Drainage or sewerage problems.
Soil fertility.
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, after considering the above factors, the Township Council
determines that the proposed removal or redistribution of soil will
not be detrimental to the health, safety or welfare of the Township
or its inhabitants, the Council shall issue the necessary permit.
[1973 Code § 12-6]
The applicant shall have the right to appeal to the Township
Council from a denial for such a permit by the Township Manager provided
the appeal is filed in writing with the Township Clerk within ten
(10) days from the date of the denial.
[1973 Code § 12-7]
Before any permit or permission for soil removal shall be granted
or issued, the owner or applicant shall file with the Township Manager
a bond with satisfactory surety, the amount to be determined after
report of the Township Engineer and the Planning Board as to necessities
and requirements in the undertaking, and shall be conditioned as follows.
That the permittee will complete the work authorized by the
permit in conformity with the terms of the permit and the provisions
of this chapter.
That the applicant will repair any public street, structure
or land which may be damaged as a result of the work authorized by
the permit.
That the owner or applicant will pay the cost of inspection
and supervision incurred by the Township Engineer in examination and
inspection during the progress of soil removal.
[1973 Code § 12-8]
Soil removal or redistribution conducted under a permit issued
under this chapter shall be in accordance with the following regulations:
Operations shall be conducted so that there shall not be no
sharp declivities, pits or depressions.
The area shall be properly leveled off, cleared of debris, and
graded to conform with the contour lines and grades.
The top layer of soil to a depth of four (4) inches shall not
be removed from the premises, but shall be set aside and respread
over the premises when the rest of the soil has been removed.
[1973 Code § 12-9]
These exceptions shall be noted:
Nothing within the chapter shall prohibit the transportation
of topsoil into the Township of Aberdeen from another municipality.
Soil may be transported from one lot to another within an area
owned or developed by one (1) person.
