[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 6-18-1970 by
Section 12:4 of the General Ordinances. Amendments noted where applicable.]
No person shall excavate or otherwise remove soil or earth for
sale or use other than on the premises from which the soil or earth
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 a permit therefor from the
Township Committee. No excavation shall be made and no soil shall
be removed except in conformity with the provisions of this chapter.
[Amended 7-2-1981 by Ord.
No. 81-17]
The Inspector's Office and the Department of Public Works shall
be the enforcement agencies charged with the duty of enforcing the
provisions of this chapter.
A.
Application requirements. The Township of West Deptford shall not
issue any permit for the removal of soil or earth 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 maps of the premises showing the contour
lines and proposed contour lines and proposed contour grades resulting
from such intended removal of soil or earth in relation to the topography
of the premises, and the said proposed contour lines and proposed
grades shall be subject to the inspection and approval of the Township
Committee of the Township of West Deptford. No such permit for soil
or earth removal shall be issued until such map has been approved
by the Township Committee of the Township of West Deptford.
B.
Issuance; standards. If after examining the application and the maps provided for in Subsection A of this section, 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 creating 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.
C.
Hearing: request, scope and special consideration. Upon written request
for a hearing made by the applicant to the Township Committee of the
Township of West Deptford, 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:
D.
Bond required. Before any permit or permission for soil or earth
removal shall be granted or issued, the owner or applicant shall file
with the Township Committee a bond, in form and with surety acceptable
to the Township of West Deptford, in such amount as in the opinion
of the Township Committee of the Township of West Deptford shall be
sufficient to ensure the faithful performance of the work to be undertaken
pursuant to the permission granted by the Township Committee pursuant
to the provisions of this chapter.
If permission to remove the soil shall 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 to the contour lines and grades as approved by the
Township Committee of the Township of West Deptford.
