[Ord. #1424, § 11]
As used in this chapter:
Shall mean and be liberally construed in its broadest sense,
and shall be in addition to all types of soil including all types
of clay.
[Ord. #1424, § 11]
No person shall excavate or otherwise remove soil for sale or
for use other than on the premises from which the soil shall be taken,
except in connection with the construction or alteration of a building
on such premises, and excavation or grading incidental thereto, without
first having procured permission therefor from the board of commissioners.
The provisions of this chapter shall apply to all lands in the township
including meadowlands and uplands within the township.
[Ord. #1424, § 11]
The board of commissioners 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 grades and proposed contour
lines will be subject to the inspection and approval of the board
of commissioners. No 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 board of commissioners.
[Ord. #1424, § 11]
Upon written request for a hearing made by the applicant to
the board of commissioners, an opportunity to be heard shall be granted
within 30 days thereafter; and the board of commissioners, upon considering
and reviewing the application and in arriving at its decision, shall
be guided and take into consideration the public health, safety and
general welfare and give particular consideration to the following
factors:
a.
Soil erosion by water and wind.
b.
Drainage.
c.
Soil fertility.
d.
Lateral support slopes and grades of abutting streets and lands.
e.
Land values and uses.
f.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the township.
If, after examining the application and the map provided for in subsection 17-2.2 and after the hearing in the event a hearing is requested by the applicant, the board of commissioners 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, sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
[Ord. #1424, § 11]
If permission to remove the soil be granted, the owner or person
in charge shall so conduct the operations 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 board of commissioners.
[Ord. #1424, § 11]
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 of arable soil for a depth of six inches, but such top
layer of arable soil to a depth of six inches shall be set aside for
the retention on the premises, and shall be re-spread over the premises
when the rest of the soil has been removed pursuant to levels and
contour lines approved by the board of commissioners.
[Ord. #1424, § 11]
Before any permit or permission for soil removal shall be granted
and issued, the owner or applicant shall file with the board of commissioners
a bond, in form and with surety acceptable to the Township of Lyndhurst
in such amount as in the opinion of the board of commissioners shall
be sufficient to insure the faithful performance of the work to be
undertaken pursuant to the permission granted by the board of commissioners
pursuant to the provisions of this chapter.
[Ord. #1424, § 11]
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.
