[Ord. #194, § 1]
As used in this section:
Shall mean any earth, sand, clay, loam, gravel, humus, rock
or dirt, without regard to the presence or absence therein of organic
matter.
[Ord. #194, § 2]
No person shall excavate or remove soil for sale or for use
other than on the premises from which the soil is taken, except in
connection with the construction or alteration of a building on the
premises and excavating or grading incidental thereto, without first
having procured permission from the township committee. No excavation
shall be made for an irrigation pit without permission therefor from
the township committee. No excavation shall be made and no soil removed
except in conformity with the provisions of this section and the provisions
of the Land Development Ordinance.
[Ord. #194, § 3]
The township committee shall not consider any application for
the removal of soil from the premises for sale or otherwise unless
and until the owner of the premises, or some other person, shall first
file with the township engineer an application requesting permission,
together with two (2) copies of a map of the premises showing the
contour lines and proposed contour grades resulting from such intended
removal of soil in relation to the topography of the premises. The
proposed contour lines and proposed grades shall be subject to the
inspection and approval of the township engineer. No permission for
soil removal shall be issued until the maps have been filed and until
the proposed contour lines and grades have been approved by the township
engineer.
[Ord. #194, § 4]
Upon written request for a hearing made by the applicant and
filed with the township committee, an opportunity to be heard shall
be granted within thirty (30) days, 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:
[Ord. #194, § 5]
Before permission shall be granted, the applicant shall file
with the township clerk a bond in such form with satisfactory surety
and in such amount as in the opinion of the township committee shall
be sufficient to insure the full and faithful performance of the work
to be undertaken, pursuant to the provisions of this section, and
which may be found necessary by the township engineer. In addition,
the bond shall be conditioned upon the repair, at the expense of the
owner or applicant, of any street damaged by the transportation of
soil in connection with the application if in the judgment of the
township engineer repairs are necessary.
[Ord. #194, § 6]
The applicant shall furnish liability insurance in an insurance
company licensed to do business in the State of New Jersey in an amount
approved by the township committee, but in no case less than twenty-five
thousand ($25,000.00) dollars.
[Ord. #194, § 7]
If after examining the application and the map provided for in subsection 19-1.3, and after the hearing in the event a hearing is requested by the applicant, the township committee is 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 creation 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. Permission shall be shown by the endorsement of the mayor or other person designated by the township committee on a copy of the contour map which shall be returned to the applicant after final approval.
[Ord. #194, § 8]
If permission to remove soil shall be granted, the owner or
person in charge shall conduct the operations so 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 with the contour lines and grades as approved by
the township engineer.
