[HISTORY: Adopted by the Township Council of the Township of East Brunswick 7-24-62 and as Sec. 20-5 of the Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any change or alteration in the grade of any property.
- Earth, sand, clay, loam, gravel, humus, rock or dirt, without regard to the presence or absence of organic matter.
No person shall excavate or cause to be excavated, changed or altered or allow the excavation, change or altering of any soil, or change or alter the grade of any property within the Township of East Brunswick without having first obtained a permit from the Planning Board. Both the owner and the operator of the property shall have the responsibility to remove that portion of soil which was caused to be excavated, changed or altered within thirty (30) days after due notice is given. A person who violates this ordinance shall be subject to a fine in accordance with the general penalty provisions of the East Brunswick Township Code. Each day during which a violation continues shall be considered a separate offense.
[Amended 2-8-71 by Ord. No. 71-91-A; 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-83; 9-22-80 by Ord. No. 80-288; 7-22-85 by Ord. No. 85-681]
Subsection A shall not apply in the following situations:
The excavation of soil for use on the premises from which it is taken, provided that this does not involve any substantial change in the topography of the premises.
The excavation of soil in connection with the construction or alteration of the basement or foundation of a building.
Any business or industry operating within the Township of East Brunswick, at the time of the passage of this chapter, engaged in the mining or processing of sand, clay or similar material.
[Amended 6-28-76 by Ord. No. 76-91-E; 1-23-78 by Ord. No. 78-83; 9-22-80 by Ord. No. 80-288]
Applications shall be made to the East Brunswick Planning Board and notice shall be given of the hearing in accordance with the Land Use Procedures set forth in Section § 132-61 of this Code and the application shall be accompanied by the following:
A map of the premises showing the present contour lines and the proposed future contour lines resulting from the intended excavation or redistribution of soil.
The grades resulting from the intended removal or redistribution of soil in relation to the topography of the premises. This information may be included in the map required by Subsection A.
The proposed dates for the commencement and completion of the work.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-83; 9-22-80 by Ord. No. 80-288]
In considering the application, the East Brunswick Planning Board shall be guided by the following factors:
If, after considering the above factors, the East Brunswick Planning Board determines that the proposed removal or redistribution of soil will not be detrimental to the health, safety or welfare of the Township of East Brunswick or its inhabitants, he shall issue the necessary permit. Otherwise he shall deny the application and shall notify the applicant. Notice of the grant or denial of the application shall be given to the applicant within a reasonable time after the application is filed.
In the event the premises from which soil removal is proposed is located within a residential zone, application to the Planning Board for a soil removal permit shall not be considered by the Planning Board until after the applicant receives preliminary subdivision approval or preliminary site plan approval, as the case may be, from the East Brunswick Planning Board. Soil mining or soil removal operations shall be specifically prohibited within all residential zones, provided, however, this shall not prevent the removal of soil within residential zones if it is determined by the Planning Board, upon granting preliminary or final subdivision approval or preliminary or final site plan approval, that it is necessary to remove a small quantity of soil to provide the construction of dwellings in conformity with the natural terrain and topography of the land. In making such a determination, the Planning Board shall be guided by the standard that it is the determination of the Township of East Brunswick that the removal of soil within a residential zone shall be limited to a minimal amount which may be necessary to reasonably develop the land in question. Nothing contained herein shall entitle a property owner to utilize 100% of the land for building purposes.
Applications for Extension. All applications to extend the soil removal permit shall be made to the East Brunswick Planning Board, which shall render a decision based upon the criteria and standards set forth in the Soil Removal Ordinance.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. 78-83; 9-22-80 by Ord. No. 80-288; 4-24-89 by Ord. No. 89-12]
If the application is denied, the applicant may appeal the decision of the East Brunswick Planning Board to the Township Council by filing a notice in writing to that effect with the Township Clerk within ten (10) days after receiving notice of the decision of the Engineer of the Township of East Brunswick and the Director of Planning and Engineering. The Council shall set a time and place for a hearing and shall so notify the applicant. The decision of the Council rendered after a hearing shall be final.
[Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-83; 4-24-89 by Ord. No. 89-12]
Before the permit is issued the applicant shall file with the Township Engineer a bond executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety. The amount of the bond shall be determined by the Engineer of the Township of East Brunswick and the Director of Planning and Engineering, but in no event shall be less than one thousand dollars ($1,000.) 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 on or before the date of completion set forth in the application.
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.
Silt 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 be no sharp declivities, pits or depressions.
Lands shall be graded so as to conform to the approved contour lines and grades and shall be cleared of debris.
The top layer of soil to a depth of six (6) inches shall not be removed from the premises but shall be set aside and respread over the premises when the remainder of the soil has been removed.
Adequate measures shall be taken to prevent erosion or the depositing of soil upon surrounding lands, streets or municipal facilities.