[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.
A.Â
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]
B.Â
Subsection A shall not apply in the following situations:
(1)Â
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.
(2)Â
The excavation of soil in connection with the construction or alteration
of the basement or foundation of a building.
(3)Â
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.Â
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.
B.Â
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.
C.Â
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]
A.Â
In considering the application, the East Brunswick Planning Board
shall be guided by the following factors:
(1)Â
Soil erosion by water and wind.
(2)Â
Drainage.
(3)Â
Soil fertility.
(4)Â
Lateral support slopes and grades of abutting streets and lands.
(5)Â
Land values and uses.
(6)Â
Any other factor which is relevant to the coordinated, adjusted and
harmonious development of the Township of East Brunswick.
B.Â
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.
C.Â
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.
D.Â
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:
A.Â
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.
B.Â
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:
A.Â
Operations shall be conducted so that there shall be no sharp declivities,
pits or depressions.
B.Â
Lands shall be graded so as to conform to the approved contour lines
and grades and shall be cleared of debris.
C.Â
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.
D.Â
Adequate measures shall be taken to prevent erosion or the depositing
of soil upon surrounding lands, streets or municipal facilities.