[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Byram 10-2-1974 as Ch. XV of the Revised General Ordinances of 1974. Amendments noted where applicable.]
The Township Council of the Township of Byram finds and determines that the unregulated and uncontrolled relocation, filling, excavation and removal of soil on a large scale for sale or for use other than on the premises has or may result in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Township to effectuate the general purpose of municipal planning.
As used in this chapter, the following terms shall have the meanings indicated:
- A soil removal permit issued under the terms hereof.
- Dirt, stone, gravel, sand, humus, clay, loam, rock and mixtures of any of these.
- The arable soil within six inches of the surface.
[Amended 11-19-1990 by Ord. No. 14-1990]
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 the construction or alteration of a building on the premises, for which a building permit has been issued and the excavation or grading incidental thereto, without first having obtained a permit approved by the Township Council. Soil logs and percolation tests are exempt from the provisions of this chapter.
Before the issuance of a permit, the applicant shall make application on a form available from the Township Clerk, and the data in the application or accompanying documents shall disclose and provide the following:
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.
A map of the premises for which the permit is sought showing the existing topographical contour lines of the land involved and the 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 Tax Map block and lot number of the property involved.
A description of any processing of the soil which will be done on the premises, including a description of processing equipment and facilities and plans.
The name and address of the person who will do the work of removing the soil.
The number of cubic yards to be removed pursuant to the permit.
The routes to and from the proposed site to be used in transporting the soil removed.
The period for which the permit is sought.
[Amended 2-4-2008 by Ord. No. 2-2008]
Each application shall be accompanied by the deposit of a fee as set forth in Chapter A287, Fees, which shall be used to cover the cost of examining the application, hearings or other processing. No fee shall be required where the proposed removal application shall be for less than 500 cubic yards. If an 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. If the application is granted, the applicant shall pay the reasonable cost of engineering or legal services incurred by the Township which exceeds the original deposit.
The application and fees shall be filed with the Township Clerk, and the application shall promptly be referred to the Planning Board. The Planning Board shall have the application investigated by the Township Engineer, who shall make a report and recommendations to the Board. The Planning Board shall make a report to the Township Council concerning the application and 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:
The areas shown on a map, if any, where excavation should not be permitted because of adverse effects on abutting property or roads.
The changes, if any, in permitted contours and slopes to be accomplished by the proposed removal.
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
The amount of bond to be required to ensure the operation of the soil removal and the replacement of topsoil in accordance herewith.
The capacity of the public roads to be used for ingress and egress to withstand damage from the proposed operation.
Any other recommended considerations or conditions to protect the public welfare or adjoining properties or roads.
The Planning Board shall also specifically report to the Township Council its views on the compatibility of the proposed soil removal operation with the zone plans for the area, and a statement of any adverse factors from a planning or zoning standpoint which should be considered by the Township Council in acting upon the application.
After receiving the report, the Council 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 the hearing in the official newspaper of the Township 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 Council 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:
Soil erosion by water and wind.
Drainage or sewerage problems.
Lateral support slopes and grades of abutting roads and lands.
Land values and uses.
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
Before any work is done for which a permit is required and during the period covered by a permit, the applicant shall file and maintain a bond in form and with surety acceptable to the Council 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 conditions of the permit and the terms of this chapter.
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:
Topsoil shall not be removed from the licensed owner's premises but on the completion of operations in each area defined in the permit as determined pursuant to § 208-6.
The topsoil so retained shall be respread on the surface. If no area is defined, the topsoil shall be respread when the entire operation is completed.
Soil removed shall not be deposited or in any way thrown or placed upon adjoining property or public roads.
All operations shall be conducted in strict accordance with state law, ordinances of the Township and the terms of the application as modified by the permit as granted.
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.
Upon completion of an operation or of excavation from an area delimited under § 208-6A(3), the area shall be properly leveled off, cleared of debris and graded to conform to the contours and grades as approved by the Council.
No slope along the perimeter of any excavated area shall exceed 30° from the horizontal.
Hours of operation shall be limited to the following: 7:00 a.m. to 5:00 p.m., Mondays to Fridays, both inclusive. There shall be no operations of any kind or character on Saturdays, Sundays or legal holidays.
[Amended 2-4-2008 by Ord. No. 2-2008]
Each such operation shall be inspected by the Township Engineer at least once in each calendar year, and a written report shall be made of such inspection. The permittee shall pay the cost of such inspection and any reinspections required because of violations found in the course of regular inspections. The fees for such inspections and reinspections shall be set forth in Chapter A287, Fees.
After reasonable notice and an opportunity to be heard before the Council, the permit of any person may be revoked or suspended for such period as the Council may determine for any violation of the terms hereof or the terms and conditions of any permit granted hereunder.
[Amended 11-19-1990 by Ord. No. 14-1990]