The Municipal Council hereby finds and determines that the unregulated and uncontrolled relocation, filling, excavation and removal of soil on a large scale has resulted 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, that large soil removed operations should be related to the overall physical development of the area within which such soil removal operation is located, and therefore it is essential that proposed soil removal operations be considered fully by the Planning Board, and that the removal of soil should be limited to the quantity deemed necessary to develop the premises in question for purposes consistent with standards hereinafter established

A. No developer shall excavate or otherwise remove sort for sale or for use on or off the premises from which the soil shall be taken without first obtaining a permit therefor from the Municipal Council in accordance with the provisions of this Article

B. Applications for soil removal in all zones shall, after submission of evidence to the Municipal Council, be referred by the Municipal Council to the Planning Board for its recommendation on the planning aspects of the application In making its recommendation, the Planning Board shall consider those factors which bear upon or relate to the coordinated, adjusted and harmonious physical development of the township In the event that the Planning Board falls to advise the Municipal Council of its recommendations within thirty (30) days, then the Municipal Council may grant or deny the application without first receiving the recommendation of the Planning Board The recommendations of the Planning Board shall not be binding on the Municipal Council.

C. The provisions of this Article shall not apply to removal of soil associated with excavation required for the construction of a building on a lot in accordance with building permits issued by the Building Official

A. The Municipal Council shall not consider granting a permit for the removal of soil for sale or use on or off the premises from which the soil shall be taken unless and until the owner of the premises files a written application for such permit, in quadruplicate, with the Township Clerk, upon forms supplied by the Clerk.

B. The application shall include the following information

(1) Name of the developer

(2) Address and telephone number of the developer

(3) Block and lot number of premises upon which excavation or removal is to take place

(4) Name of the developer's business agent and the agent's telephone number

(5) Name and address of the engineer retained by the developer in the preparation of the required maps and surveys and the engineer's telephone number

(6) Statement of reason for request for soil removal permit

(7) Date excavation is to commence and length of time required to complete excavation

(8) Estimated number of cubic yards to be removed

(9) The relationship of the developer to the owner of the land in question, if he is not the owner

(10) If known, the name and address of the excavator, contractor or the person having express charge, supervision and control of the proposed excavation work.

(11) Signature of the developer

The application shall be accompanied by the following

* A map of the premises showing the existing contour lines and grades and the proposed contour lines and grades resulting from the intended removal of soil in relation to the topography of the premises. Said map shall also indicate the depth of the soil where the operation involves the removal of rock formations covered with soil

* An inspection fee, in accordance with Article V of this chapter

The proposed contour lines and grades, as shown on the map referred to in § 134-433A of this Article, shall be subject to inspection, as directed by the Municipal Council, and approval by the Municipal Council A permit for sod removal shall not be issued until the map showing the proposed contour lines and grades has been so approved following a public hearing as hereinafter set forth

A.Upon the filing of a completed application as required by § 134-432, together with the necessary accompanying items required by § 134-433, the Township Clerk shall notify the developer that the matter will be considered by the Municipal Council at a public hearing to be held on the date therein fixed, which date shall be not less than fifteen (15) nor more than thirty (30) days after the date of receipt by the Township Clerk of the application, together with all other items required

B.The developer shall give notice of public hearing pursuant to § 134-31 of this chapter

The Municipal Council, 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

A. Soil erosion by water and wind

B. Drainage and the effect of flooding upon the premises in question.

C. Soil fertility

D. Lateral support slope and grades of abutting streets and lands

E. Land values and uses

F. Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the township

G. Whether the proposed work will create a nuisance or be a detriment to the public health, safety or general welfare of the township or its citizens

H. Whether the property can be developed for its zoned use without the proposed soil removal

I. Whether the proposed work will create a hazard

J. The preservation of existing watercourses

K. The creation of sharp declivities, pits or depressions

L. Whether the proposed removal of soil is incidental to the development of the property or constitutes primarily a commercial activity

After all persons are given an opportunity to be heard at the public hearing, the permission to remove the soil shall be granted if the Municipal Council shall be of the opinion that the proposed soil removal

A.Will not create conditions detrimental to the public health, welfare and safety;

B. Will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressions of land values,

C. Will not create any drainage or sewerage problems or hazardous conditions;

D. Will not remove a quantity of sod more than that which is reasonably required to develop the premises in question for the zoned use,

E. Will not exceed the amount necessary for the development and normal grading of the lands in question, and

F. Will not be detrimental to the public health, safety and welfare of the township as set forth in § 134-436A through

L.

If a permit is issued, the permittee shall conduct the removal of soil subject to the following terms and conditions

A. The permittee shall agree, in writing, to properly level off, remove debris from and grade the involved premises to the contour lines and grades approved by the Municipal Council

B. All soil removal operations shall be conducted only between the hours of 7:00 a.m. and 5:00 p.m. on weekdays, provided, however, that no trucks shall be permitted at the site of the operation prior to 6:45 a.m It shall be unlawful to conduct moving, grading or excavating operations at any other tunes than specified herein or on any Sunday or legal holiday

C. The transportation of soil shall be restricted to street routes established by the Municipal Council Determination by the Municipal Council of the street routes to be used shall be based upon factors which contribute to the best interests of the health, safety and welfare of the residents of the township

D. To prevent air pollution by large quantities of dust and dirt, all reasonable means shall be employed by the permittee or the person in charge of the sod removal, grading or excavating operation Such reasonable means may include but are not necessarily limited to spraying water, oil or other dampening agents on the surface of the ground

E. On or before the fifth of each month, there shall be filed with the Township Engineer a certification by a professional engineer as to the volume of soil removed during the previous month The violation of this provision shall automatically revoke the permit

Prior to commencement of operations, a permit fee shall be paid pursuant to Article V of this chapter The calculation of the number of cubic yards of soil to be removed shall be based upon the map filed with the application and shall be certified thereon

A. Before any permit shall be granted, the developer shall file with the Township Clerk a performance guaranty, 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

B. In the event that said performance guaranty is not furnished or the permit fee is not paid within thirty (30) days after the Municipal Council resolution authorizing the Township Clerk to issue the permit, the soil removal approval shall be deemed to be revoked

When a permit has been duly granted under this Article, the owner of the premises or the developer in charge of the removal of the soil shall not take away or suffer the removal of the top layer of arable soil for a depth of six (6) inches Such top layer of arable soil to a depth of six (6) inches shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to the levels and contour lines approved by the Municipal Council

No excavation shall be made and no soil shall be removed under this Article unless a permit therefor shall have first been obtained as provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this Article

In the event that, in the opinion of the Township Engineer, the project or any part thereof has been abandoned, is unnecessarily delayed or cannot be completed at the rate of progress or within the time specified in the soil removal permit, or there is a violation of § 134-444 or any specific terms of the soil removal permit or agreement entered into between the township and the developer, then the Township Engineer may so certify in writing to the Mayor and Municipal Council, and the Mayor and Municipal Council may, after a hearing held on seven (7) days' notice, declare a default and notify the developer having an interest in or in charge of the project to discontinue the project The Mayor and Municipal Council may, at its option, revoke the soil removal permit or call upon the surety to complete the project

A.Where soil removal is permitted, no person, owner, developer or excavator shall deposit soil upon, fill in or raise the grade of any lot without first making provisions for

(1) The use in said work of soil or such other materials as will not result in deviation from the proposed final grades or the uniformity thereof by reason of shrinkage or settlement

(2) The collection and storage upon the lot of the original topsoil to the end that said topsoil shall not be buried beneath sail or other material of inferior quality and the uniform replacement of the topsoil so stored over the entire area or surface of the fill soil or other material so that the final grade or grades of said replaced topsoil shall be in accordance with the proposed final grades shown on the topographical map In the event that the requirement of the previous sentence is not practicable, provision shall be made for the uniform placement over the entire area or surface of the fill soil or other material, except such portions thereof as shall be or shall have become permanently covered by a building or structure, street, pavement, curb, sidewalk, driveway or other paved area or by any body of water or waterway, of a layer of topsoil not inferior in quality to that of the original topsoil, to a depth of not less than six (6) inches, measured from the proposed final grades as shown on the topographical map

(3) The preservation of existing watercourses in accordance ,with the plans on file

(4) The planting of shrubbery and trees as may be directed by the Department of Parks and Recreation All seeded areas shall be mulched and stabilized in accordance with township specifications on file in the office of the Township Engineer

B. At no time will excavations be permitted to go below the final grade as established by the submission

For the purpose of administering and enforcing this Article, any duly authorized officer, agent or employee of the Township of

Wayne shall have the right to enter into and upon my lands in or upon which soil moving operations are being conducted to examine and inspect such land

Before the alteration of the existing grade of a lot or portion of a lot and/or the placing of borrow fill, a permit shall be obtained from the Township Engineer. Grading plans shall be approved by the Township Engineer before any changes in surface grades are begun or a grading permit is issued. All grades shall be subject to final check by the Township Engineer. If a building permit is also required, there shall be no fee required for a grading permit. If a building permit is not required, a fee shall be paid pursuant to Chapter 84 of the Code of the Township of Wayne.

**Webmasters Note: The previous paragraph has been amended as per Ord. No. 9-2000.

[Amended 9-21-1988 by Ord. No 54-1988, 9-18-1991 by Ord No 59-1991]

The Township Engineer shall be the enforcing agent for the provisions contained in this Article Violations of the provisions contained in this Article shall be punishable by a fine of not less than two hundred fifty dollars ($250 ) nor more than one thousand dollars ($1,000 ) per truckload of soil removed in violation of this Article