Chapter 71. Soil Removal
Chapter 71 SOIL REMOVAL
§ 71-1. Short title.
§ 71-2. Definitions.
§ 71-3. Permit required.
§ 71-4. Application for permit.
§ 71-5. Fees.
§ 71-6. Application procedure.
§ 71-7. Public hearing; approval or disapproval.
§ 71-8. Deleted (5-27-87 Ord. No. 0-87-18)
§ 71-9. Issuance of permit; term.
§ 71-10. Deleted (5-27-87 Ord. No. 0-87-18)
§ 71-11. Regulation of operations.
§ 71-12. Inspections.
§ 71-13. Use of public roads.
§ 71-14. Revocation of permit.
§ 71-15. Exceptions from permit requirements.
§ 71-16. Violations and penalties.
§ 71-17. Repealer.
§ 71-18. Severability.
§ 71-19. When effective.
[HISTORY: Adopted by the Township Council of the Township of Gloucester 3-6-73 as Ord. No. 0-73-3 . Amendments noted where applicable.]
General References
Planning Board - See Ch. 2
Subdivision of land - See Ord. No. 0-83-26A.
Zoning - See Ord. No. 0-83-26A.
-------------------------------------
Editor's Note: This ordinance supersedes former Ch. 71, Soil Removal for Sale, adopted 7-17-52 as Ord. No. 175.
Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:
§ 71-1. Short title.
This ordinance may be known and may be cited as the "Gloucester Township Soil Removal Ordinance.
§ 71-2. Definitions.
For the purpose of this ordinance, unless a different meaning clearly appears from the context, the following words shall be defined to include and to mean the following:
COUNCIL - The Township Council of the Township of Gloucester.
LOT - Any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Township of Gloucester or in the Office of the Camden County Register of Deeds.
PERMIT - A soil removal permit used under the terms hereof.
PERSON - An individual, partnership, corporation or any other entity.
PREMISES - One (1) or more lots or contiguous parcels of land in single ownership, which ownership can be ascertained by reference to the maps and records, or either, in the office of the Tax Assessor of the Township of Gloucester or in the office of the Camden County Register of Deeds.
SOIL - Both surface (topsoil) and subsoil, and shall include dirt, stone, gravel, sand, humus, clay, loam, rock and mixtures of any of these.
TOWNSHIP - The Township of Gloucester, Camden County, State of New Jersey.
§ 71-3. Permit required.
(Amended 2-26-79 by Ord. No. 0-79-15.) (Amended 5-27-87 by Ord. No. 0-87-18)
A. No person or owner shall cause, allow, permit or suffer any excavation 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 conjunction with construction and in accordance with an approved Site Plan or Subdivision Plan, and without first having obtained a permit therefor approved by the Council. Said permit shall be conspicuously posted and displayed on the entrance to the premises.
B. No permit shall be required if such soil removal is incidental to the erection of a building for which a building permit has been issued, and the total sum of all soil to be removed does not exceed one thousand five hundred (1,500) cubic yards, provided that a copy of the construction permit is filed in the Office of the Township Clerk.
§ 71-4. Deleted by Ord. 0-87-18 on 5-27-87
§ 71-5. Fees.
(Amended 12-18-73 by Ord. No. 0-73-30; 2-26-79 by Ord.No. 0-79-15, 2-26-79 by Ord. No. 0-79-19, 5-27-87 by Ord. No.0-87-18)
A. Each application for soil removal shall be accompanied by a non-refundable application fee in the amount of $200.00. Said fee shall cover the cost of investigating and examining the application and information therein, legal services, notices, hearing and other processing costs.
§ 71-6. Application procedure.
(Amended 2-26-79 by Ord. 0-79-15, 1-12-81 by ord. No. 0-80-46, 5-27-87 by Ord. No. 0-87-18.)
A. The application and the following accompanying documents shall be filed with the Township Clerk:
1. Fee.
2. Report of the Eningeer of the approving Board.
3. Report of the Township Planner
4. Resolution of final approval of the appropriate Board
5. Camden County Soil Conservation Approval.
B. Deleted on 5-27-87 by Ord. 0-87-18
C. Within ten (10) days of the receipt of the above required reports and recommendations, the Township Clerk shall notify the applicant of the time, place and date of the public hearing conducted by Council upon the application. The public hearing shall be held within 15 days of the date of the issuance of notice to the applicant by the Clerk. [Amended on 5-27-87 by Ord. 0-87-18]
§ 71-7. [Deleted on 5-27-87 by Ord. 0-87-18]
§ 71-8 (Deleted on 5-27-87 by Ord. No. 0-87-18)
§ 71-9. Issuance of permit; term.
The permit shall be on a form prescribed by the Council. It shall be dated as of the date it is actually issued by the Township Clerk and shall be signed by the Clerk. The term of the permit shall run concurrently with the approved subdivision or site plan.
§ 71-10. (Deleted on 5-27-87 by Ord. No. 0-87-18)
§ 71-11. Regulation of operations.
No excavation shall be made or soil removed, nor shall any operation be conducted, so as to violate any provisions of this ordinance after a permit is issued unless otherwise provided in the approved subdivision or site plan.
§ 71-12. Inspections.
The permittee shall permit inspection of the premises at all reasonable business hours by such persons lawfully authorized to inspect and report thereon to the Council. The permittee shall pay the cost thereof, which cost shall be included as part of the escrow fee which is deposited with the Township as part of the subdivision or site plan approval.
§ 71-13. Use of public roads.
A. The Council may, for reasons of public health, safety and welfare, determine the routes to be utilized by the permittee within the township in transporting soil removal, and every person who shall transport over the streets, roads and highways in the township any soil removed from any lands or premises within the township pursuant to a soil removal permit issued in accordance with this ordinance shall sweep, pick up, remove or cause to be swept, picked up or removed all dust, dirt and mud from said roadways, streets or highways, and shall apply or cause to be applied to said roadways, streets or highways a dust preventative wherever the same shall be determined necessary and communicated to the permittee by the Township Engineer.
B. In the event of the failure, neglect or refusal of any person to so sweep, pick up, remove dust, dirt and mud, or to apply a dust preventative when required under this section, the Council is authorized to suspend any soil removal permit issued for a period of not less than three (3) days or revoke said soil removal permit as hereinafter provided.
§ 71-14. Revocation of permit.
Upon ten (10) days' notice and an opportunity to be heard before the Council, the permit of any person may be revoked or suspended for such time or period as the Council may determine for any violation of the terms hereof or the terms and conditions of any permit granted or issued hereunder. If at any time it appears that the permitee is not removing soil in accordance with the approved subdivison or site plan, or not in good faith in the contemplation of construction, the Township Council may revoke or suspend the permit within a reasonable time. .
§ 71-15. Exceptions from permit requirements.
This ordinance shall not be construed nor is it intended to require a permit for any excavation or removal of soil for the preparation of a lawn, sidewalk or driveway or for excavations for septic tanks or for shallow drainage ditches or filter beds or like sanitary improvements, nor is it to be construed or intended to require a permit for any state, county or municipal work or excavations to be done or performed in the township, nor shall it apply to any soil removal operations conducted by the municipality or any person or persons under contract for excavation or removal of soil with the municipality, including municipal landfill operations or such conducted under the municipal contract.
§ 71-16. Violations and penalties.
In addition to the revocation provided for herein, any person who violates this ordinance or any director or officer of a corporation who participates in a violation of this ordinance shall, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.) or imprisonment not exceeding ninety (90) days, or both, in the discretion of the Municipal Judge before whom such violation is tried. Each day that a violation continues shall be considered a separate and distinct violation thereof.
§ 71-17. Repealer.
All ordinances and provisions thereof inconsistent with the provisions of this ordinance shall and are hereby repealed to the extent of such inconsistency.
§ 71-18. Severability.
If any Article, section, subsection, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision or invalidity shall not affect the remaining portions or provisions of this ordinance.
§ 71-19. When effective.
This ordinance shall take effect immediately after final passage and publication in accordance with the Laws of the State of New Jersey.