[HISTORY: Adopted by the Mayor and Council
of the Borough of Oceanport 4-15-1982 by Ord. No. 460 (Ch. 50 of the 1970 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
Any earth, topsoil, clay, loam, gravel, brick, concrete,
masonry materials, stone, sand, dirt or rock, without regard to the
presence or absence of organic matter.
Any removal of soil from or depositing of soil on any premises
except as otherwise exempted by this chapter.
Upper layer of soil which contains humus and bacteria necessary
to plant growth.
[Amended 6-2-1988 by Ord. No. 570]
No person shall remove or deposit soil on any
premises in the Borough of Oceanport unless a permit therefor is first
secured from the Construction Official as hereinafter set forth; provided,
however, that no permit shall be required for the following:
A.
The moving of excess soil resulting from foundation
or cellar excavations or grading incidental thereto.
B.
The moving of less than 100 cubic yards of soil upon
any lot on which there is an existing or proposed one- or two-family
dwelling.
[Amended 6-17-1993 by Ord. No. 635]
C.
The moving of soil for gardening primarily for home
consumption or landscaping for aesthetic purposes.
D.
The moving of soil for the agricultural use of lands.
E.
The moving of soil which does not result in either
substantial changes in grade and/or elevation or does not significantly
alter drainage runoff patterns from said lot.
A.
Application for a soil-moving permit shall be filed with the Construction Official, in triplicate, accompanied by the fee set forth in § 320-4 hereof, setting forth the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner if other than the
applicant.
(3)
The description and location of the land in question,
including the Tax Map lot and block numbers.
(4)
The purpose or reason for moving the soil.
(5)
The kind and quantity, in cubic yards, of soil to
be moved.
(6)
The destination of soil to be moved.
(7)
The proposed date of commencement and completion of
the soil moving.
(8)
The name, address and telephone number of the person
having direct charge over the soil-moving operation.
B.
The Construction Official shall refer the application(s)
to the Borough Engineer if 100 cubic yards of soil or more are to
be moved and may also refer application(s) for movement of lesser
quantities of soil if he deems it necessary.
[Amended 6-17-1993 by Ord. No. 635]
C.
If required by the Borough Engineer, and in all cases
where more than 100 cubic yards of soil are to be moved, the application
shall be accompanied by a topographical map, in triplicate, of the
lands in question. Said map shall be prepared and certified by a licensed
professional engineer or a licensed land surveyor, on a scale of not
less than 50 feet to the inch, showing the following:
[Amended 6-17-1993 by Ord. No. 635]
(1)
The present grades on a fifty-foot grid layout.
(2)
The proposed finished grades.
(3)
The quantity in cubic yards of the soil to be moved.
(4)
The grades of all streets and lots within 100 feet
of the property in question.
(5)
Proposed slopes and lateral supports.
(6)
Present and proposed surface water drainage.
A.
Along with the application, there shall be deposited
with the Borough Clerk a permit fee calculated in accordance with
the following schedule:
[Amended 5-16-1985 by Ord. No. 506; 6-17-1993 by Ord. No.
635]
|
Cubic Yards of Soil To Be Moved
|
Permit Fee
|
|---|---|
|
Up to 100
|
$50
|
|
Above 100
|
$100, plus a sum computed at $0.10 per cubic
yard multiplied by the number of yards in excess of 500
|
B.
The charge in accordance with the schedule hereinbefore
set forth shall include all engineering and other services the Borough
may deem desirable or necessary to assure an orderly soil operation
in full compliance with provisions of this chapter.
In acting upon applications for soil-moving
permits, the Construction Official shall take into consideration the
public health, safety and general welfare, with emphasis given to
the following factors:
A.
The applicant may appeal in writing to the Borough
Council at a meeting to be held not less than 30 nor more than 60
days thereafter. Upon being advised by the Borough Clerk, the applicant
shall serve written notice, either by personal service or by certified
mail, return receipt requested, upon all property owners within 200
feet of the extreme limits of the property as their names appear on
the Borough tax records. Said notice shall be served as aforesaid
not later than seven days prior to the date of the meeting scheduled
for consideration of the application. The applicant shall deliver
an affidavit of service to the Borough Clerk at least two days prior
to the date of said meeting.
If a permit to move soil is issued in accordance
with the provisions of this chapter, the operation conducted thereunder
shall be subject to the following conditions:
A.
The person or persons receiving the permit shall properly
level off, remove debris and grade the premises to conform to the
contour lines established and approved within the time periods established
by the Construction Official. Said time periods shall in no event
extend 30 days beyond each soil moving.
B.
Operations shall be conducted only between the hours
of 8:00 a.m. and 9:00 p.m., Monday through Saturday.
C.
Soil-moving operations shall be restricted to street
routes established by the Construction Official.
D.
All reasonable means shall be employed by the person
or persons conducting a soil-moving or grading or excavating operation
to prevent air pollution by large quantities of dust and dirt. Such
means may include spraying water or nonpolluting dampening agents
on the surface of the ground.
E.
Unless authorized by the Borough Council, the person
or persons receiving the permit shall not remove from the premises
any topsoil. The topsoil shall be set aside and shall be respread
over the premises, in conformity with the contour lines approved by
the Construction Official.
F.
Unless authorized by the Borough Council, the person
or persons receiving the permit shall not remove any soil to a destination
outside of the Borough of Oceanport.
G.
Where applicable, all soil moving shall be done in
compliance with the requirements of the Monmouth County Soil Conservation
District in effect at the time the soil is to be moved.
A.
Where soil moving 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 reasons of shrinkage or settlement.
(2)
The collection and storage upon the lot of original
topsoil so that it is not buried beneath soil or other material of
inferior quality. Said topsoil shall be respread uniformly over the
entire area or surface of the fill soil or other material. In the
event that it is not practicable to use the original topsoil, topsoil
not inferior in quality to that of the original topsoil shall be used
to a depth of not less than six inches.
(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 Shade Tree Committee.
(5)
The seeding of the entire area upon completion of
the restoration of the topsoil with seed which will germinate so as
to minimize soil erosion by wind and water.
B.
At no time will excavations be permitted to go below
the final grade as established by the approved plans.
The Construction Official may require the applicant
to post with the Borough a performance guaranty conditioned upon full
compliance with all the terms and conditions of approval. The amount
of the bond shall be in accordance with the recommendations of the
Borough Engineer, which amount shall be sufficient to ensure the faithful
performance of the work to be undertaken as approved. The form of
the bond shall be approved by the Borough Attorney. If a bond is not
obtainable, the Borough Council may waive the bonding requirement
and establish other requirements to secure compliance with the permit.
The Construction Official is hereby designated
as the officer whose duty it shall be to enforce the provisions of
this chapter. He shall, from time to time, upon his initiative, and
whenever directed by the Borough Council, inspect the premises for
which permits have been granted to ensure compliance with the terms
of the permit and of this chapter.
A.
In the event that, in the opinion of the Construction
Official, the soil-moving project has been abandoned or cannot be
completed within the time set forth in the soil-moving permit, the
Construction Official may so certify to the Borough Council in writing.
The Borough Council may then revoke the permit or call upon any surety
or the performance guaranty to complete the project after hearing
on seven days' written notice to the permittee by certified mail at
the address on the permit application. In the event that a cash deposit
guaranty is posted, the Borough may complete the project and deduct
the cost thereof from the deposit.
B.
A permit hereunder shall be in force for one year. Applications for the extension of the permit shall be made upon the submission of the data required in § 320-3 hereof. As of the date of the application for renewal, a renewal permit may be issued by the Construction Official once but for a period of no longer than one year.
Any person violating any of the provisions of this chapter shall be subject to a penalty as set forth in Chapter 1, § 1-15, General penalty, in the discretion of the Judge before whom such conviction may be had. Each and every violation of this chapter, or each day that any provision of this chapter shall have been violated, shall be construed as a separate and distinct violation thereof.[1]
