As used in this chapter, the following terms shall have the meanings
indicated:
SOIL
Those portions or components of the earth's surface commonly known
as soil, topsoil, dirt, clay, marl, earth, whether fertile or infertile, sand
or gravel, or any combinations of them with each other or with any other common
components of the earth's surface, such as rocks, stones, pebbles or other
decomposed vegetative or animal matters or mineral components of the earth's
surface.
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 without first
having procured permission therefor from the Township Council, except:
A. In connection with the construction or alteration of
a building on such premises, and excavation or grading incidental thereto.
B. In connection with the removal of topsoil that is incidental
to normal production of cultivated sod and nursery crops.
C. In connection with the construction and maintenance of
irrigation systems and retention ponds on premises located within the Township
and engaged in active farming and agricultural use. Any soil removed for this
purpose shall be retained on the premises from which it is removed and shall
be used for the purpose of filling in the retention pond or ponds or irrigation
system, or any part thereof when the same is no longer utilized or needed
for active farming and agricultural purposes.
An applicant for permission to remove soil from his/her premises may
request a hearing before the Township Council by notifying the Township Clerk,
in writing, when submitting his/her application that (s)he desires to be heard
on the application. In such event, a hearing shall be granted within 45 days
thereafter at a time and place to be determined by the Council, which time
may or may not be a regularly scheduled meeting of the Council The Township
Clerk shall notify the applicant by letter, addressed to the address listed
on the application form, of the time and place set for the hearing. The applicant,
upon receipt of such notice, shall give written notice of the hearing to the
property owners within 200 feet of the premises, of the time, place and purpose
of such hearing and their right to attend and be heard. Proof that such notice
was given to those property owners shall be submitted by the applicant to
the Council at the time of the hearing.
Before any permit or permission for soil removal shall be granted or
issued, the owner or applicant shall file with the Township Council a bond,
in form and with surety acceptable to the Township, in such amount as in the
opinion of the Council shall be sufficient to ensure the faithful performance
of the work to be undertaken pursuant to the permission granted by the Council
pursuant to the provisions of this chapter. The amount of the performance
bond shall be reviewed and increased or decreased, whichever the case may
be, at the time of the application for a renewal of the permit, if any.
The Township Engineer shall make periodic inspections of any site for
which permits have been issued pursuant to this chapter.
The minimum number of inspections and the maximum time intervals between inspections
shall be determined, for each individual site for which a permit may be issued,
at the time of the issuance of such permit. A written report of the results
of such inspection shall be given to the Township Council and a copy of the
same forwarded by regular mail to the owner of the premises or the person
in charge of the soil removal operation.
A soil removal permit is not transferable. Whenever a soil removal business
changes ownership, application for a new permit shall be made in accordance
with the provisions of this chapter.
It shall be the duty of the Construction Code Official to enforce all provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter, upon conviction thereof, shall be punishable for each offense as provided in Chapter
1, General Provisions, Article
III, Penalties and Enforcement, of the Code of the Township of Springfield. Each and every violation of and nonconformance with the provisions of this chapter, and each and every day that a violation continues shall be construed as a separate and distinct offense.