[HISTORY: Adopted by the Township Committee
of the Township of Oxford 9-12-1973 (Ch. 80 of the 1974 Township Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Land use procedures – See Ch. 51.
Driveways – See Ch. 164.
Off-tract improvements – See Ch. 226.
Sewers – See Ch. 260.
Site plan review – See Ch. 265.
Soil conservation and protection – See Ch. 271.
Stormwater management – See Ch. 285.
Streets and sidewalks – See Ch. 294.
Subdivision of land – See Ch. 298.
Tree removal – See Ch. 313.
This chapter shall be known and may be cited
as the "Oxford Township Soil Removal Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
The Township Committee of the Township of Oxford.
A soil removal permit issued under the terms hereof.
Includes an individual, partnership, corporation or any other
legal entity.
Dirt, stone, gravel, sand, humus, clay, loam, rock, topsoil,
muck and mixtures of any of these.
The arable soil within six inches of the surface.
The Township of Oxford.
No person shall excavate for the removal of
soil 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 construction or alteration of a building on such premises, for
which a building permit has been issued, and excavation or grading
is incidental thereto, without first having obtained a permit therefor
approved by the Committee. Soil brought into the Township for processing,
to be removed within one year, shall not be considered the subject
matter of a permit; however, any stockpile area shall first be approved
by the Township Engineer as to location and relationship to existing
roads, waterways and drainage structures.
Before the issuance of a permit, the applicant
shall make application therefor on a form available from the Township
Clerk, and the data in said application or accompanying documents
shall show the following:
A.
The name and address of the owner or owners of the
tract involved and the name and address of the applicant, if a different
person is involved. The signed consent of the owner shall be required
if the applicant is not the owner.
B.
A map of the premises for which the permit is sought,
showing the existing topographical contour lines of the land involved
and abutting lands and roads, the proposed topographical contour grades
which will result from the intended soil removal, and the location
of any streams or other bodies of water near the premises. The minimum
contour interval of five feet is hereby required, and two-foot contour
intervals can be required at the discretion if the Township Engineer.
C.
The tax block and lot number of the property involved,
if any.
D.
A description of any processing of the soil which
will be done on the premises, including a description of equipment
and plans of such processing equipment and facilities.
E.
The name and address of the person who will do the
work of removing the soil.
F.
The number of cubic yards to be removed pursuant to
the permit.
G.
Routes to and from the proposed site to be used in
transporting the soil removed.
H.
The period for which the permit is sought.
I.
A soil erosion - sediment control plan in accordance
with the standards of the Warren County Soil Conservation District.
[Added 10-21-1993 by Ord. No. 93-11]
[Amended 10-21-1993 by Ord. No. 93-11[1]]
Each such application shall be accompanied by
a deposit of a fee of $250 for the operation of removal of soil up
to 500 cubic yards. Applications involving over 500 cubic yards shall
pay a fee of $1,000, plus a sum computed at a rate of $0.05 per cubic
yard multiplied by the number of cubic yards to be moved. In the event
that the application is denied, the fee deposited shall be returned
after deducting actual engineering or legal fees incurred by the Township
in the course of processing the application. In the event that the
application is granted, the applicant shall pay the reasonable costs
of engineering or legal service incurred by the Township which exceed
the original deposit.
A.
The application and fee shall be filed with the Township
Clerk. If more than 10,000 cubic yards are to be removed, the application
shall promptly be referred to the Township Engineer for investigation,
report and recommendations. The Engineer shall make a report concerning
the application to the Committee, indicating specifically whether
the proposed operation will result in any sharp declivities, pits
or depressions, soil erosion or fertility problems, drainage or sewerage
problems, or other dangerous conditions and recommending reasonable
conditions regarding the permit to be issued, including the following:
[Amended 10-21-1993 by Ord. No. 93-11]
(1)
Areas shown on a map, if any, where excavation should
not be permitted because of adverse effects on abutting property or
roads.
(2)
Changes, if any, in permitted contours and slopes
to be accomplished by proposed removal.
(3)
The maximum area from which topsoil may be stripped,
before replacement thereof, to permit soil removal with consideration
being given to the number of yards to be removed and the duration
of the requested permit.
(4)
The capacity of public roads to be used for ingress
and egress to withstand damage from the proposed operation.
(5)
Any other recommended considerations or conditions
to protect the public welfare or adjoining properties or roads.
B.
Before any
permit shall be granted, the applicant shall file with the Township
Clerk a bond, approved as to form by the Township Attorney and with
surety in an amount in accordance with the recommendation of the Township
Engineer, which amount shall be sufficient to ensure the faithful
performance of the work to be undertaken as approved.
C.
All embankments or slopes shall be stabilized during
excavation, as well as on stockpiled material, to the satisfaction
of the Township Engineer.
A.
After receiving said report, the Committee shall fix
a time and place for a public hearing thereon not less than two weeks
nor more than 30 days from the date of the report. The applicant shall
publish a notice of the time and place of such hearing in the official
newspaper of the Municipality at least one week prior thereto, specifying
that he is applying for a permit, the general location and size or
acreage of the property involved and the names and addresses of the
owner and applicant. The applicant shall notify the owners of property
within 500 feet of the outside boundaries of the property to be licensed,
personally or by certified mail. Notices may be mailed to the addresses
shown on the tax records. After the hearing, the Committee shall grant
or deny the permit after giving consideration to the engineering report,
which shall be incorporated in the record thereof by reference, the
evidence adduced at the hearing and the effect of such permit on the
public health, safety and general welfare and particularly, but not
in limitation thereof, the following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage or sewerage problems.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting roads
and lands.
(5)
Land values and uses.
(6)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township.
No soil shall be removed nor shall any operation
be conducted so as to violate any of the following conditions after
a permit is granted:
A.
Topsoil shall not be removed from the licensed owner's premises; but, on completion of operations in each area defined in the permit as determined pursuant to § 275-6A(3), the topsoil so retained shall be respread on the surface. If no such area is defined, the topsoil shall be respread when the entire operation is completed.
B.
Soil removed shall not be deposited or in any way
thrown or placed upon adjoining property or public roads.
C.
All operations shall be conducted in strict accordance
with any state law, other ordinances of the Township and the terms
of the application as modified by the permit as granted.
D.
The operation shall be so conducted as not to constitute
a nuisance to adjoining owners, and in no event shall any sharp declivities,
pits or depressions be created.
E.
Upon completion of an operation or of excavation from an area delineated under § 275-6A(3), the area shall be properly leveled off, cleared of debris and graded to conform to the contours and grades as approved by the Committee. Seeding and mulching shall be required on all areas after completion of the excavation.
[Amended 10-21-1993 by Ord. No. 93-11]
F.
No slope along the perimeter of any excavated area
shall exceed 30° from the horizontal.
G.
On or before the fifth of each month or at the completion
of the permitted work, there shall be filed with the Township Engineer
a certification by a professional engineer as to the volume of soil
previously removed. Upon the completion, and prior to the release
of the bond, an as-built drawing shall be filed with the Township
Engineer and certified by a professional engineer reflecting the final
elevations, slopes and cross sections of the area and immediately
surrounding undisturbed area. The violation of any part of this provision
shall automatically revoke the permit.
[Amended 10-21-1993 by Ord. No. 93-11[1]]
Each such operation shall be inspected by the
Township Engineer at least once in each calendar year and a written
report made of such inspection. The permittee shall pay the cost of
such inspection, not to exceed the sum of $500, and the reasonable
cost of reinspection required because of violations found in the course
of regular inspections.
After reasonable notice and an opportunity to
be heard before the Committee, the permit of any person may be revoked
or suspended for such period as the Committee may determine for any
violation of the terms hereof or the terms and conditions of any permit
granted hereunder.
[Amended 10-21-1993 by Ord. No. 93-11[1]]
Any person who violates this chapter or any
director or officer of a corporation who participates in a violation
of this chapter shall, upon conviction thereof, be subject to a fine
of up to $2,000, imprisonment for a term not exceeding 90 days or
a period of community service not exceeding 90 days, or any combination
thereof, in the discretion of the Judge before whom such violation
is tried. Each day that a violation continues shall be considered
a separate and distinct violation hereof.
