ARTICLE VII Sod Removal Prohibited in Residential Districts, Exceptions

[Added 7-6-66 by Ord No 4-1966]

§211-35 Soil removal



[Amended 1-4-1967 by Ord No. 81-1966, 5-3-1989 by Ord No 27-1989]

A. Soil mining or soil removal operations shall be specifically prohibited within all residential districts, provided, however, that this shall not prevent the removal of soil within residential districts if it is determined by the Planning Board, upon granting preliminary or final subdivision approval, that it is necessary to remove less than three thousand (3,000) cubic yards of soil to provide for the construction of one-family dwellings in conformity with the natural terrain and topography of the land In making a determination as to how much soil is to be removed, the Planning Board shall be guided by the standard that it is the determination of the governing body of the Township of Wayne that the removal of soil within a residential district shall be limited to a minimal amount which may be necessary to reasonably develop the land in question without necessarily providing one-hundred percent utilization of all land for building plots

B. Notwithstanding anything contained above, when the Planning Board deter-mines that the amount of soil to be removed is equal to or greater than three thousand (3,000) cubic yards, then compliance with Township of Wayne Ordinance § 134-430 et seq shall be required prior to any development activity occurring on the site