[Amended 3-16-1981 by Ord. No. 81-6; 6-25-1990 by Ord. No. 90-12[1]]
Upon application for a permit pursuant to the provisions of this chapter, the applicant shall pay a fee to cover the costs of the initial review of the proposed soil removal operation, as well a review fee escrow, as set forth in Chapter 250, Fees and Escrows, Article II.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 3-16-1981 by Ord. No. 81-6[1]]
Upon the issuance of a soil removal permit, and on each anniversary date thereafter, the permittee of a soil removal permit shall pay an annual permit fee to be computed at the rate established in Chapter 250, Fees and Escrows, Article II, multiplied by the number of cubic yards to be removed during a twelve-month period. The calculation of the number of cubic yards to be removed shall be determined as follows:
A. 
Initial fee, first year. For the initial year of operation, the calculation of the number of cubic yards of soil to be removed in the initial year shall be based upon the map filed with the application; and said map shall contain a certification by a licensed engineer of the cubic yards to be removed during the first year.
B. 
Permit fee, subsequent years. Each permittee shall file a semiannual progress report with the Township Engineer. These reports will be in addition to any reports required to be filed pursuant to § 483-19. These reports shall be certified by a licensed professional engineer and shall include a certification of the actual volume of soil removed during the preceding six months. The annual permit fee for any permittee, for each year after the first year, shall be calculated at the rate established in Chapter 250, Fees and Escrows, Article II, multiplied by the number of cubic yards actually removed by the permittee in the 12 preceding months based on the semiannual reports certified to by the permittee's licensed professional engineer. This fee shall be paid annually on the anniversary date of the permit during the continuance of the term thereof.
C. 
Existing permittees. The permit fee for existing soil removal operators shall be computed at the rate established in Chapter 250, Fees and Escrows, Article II, multiplied by the number of cubic yards actually removed by the permittee as reported in the permittee's last annual progress report submitted pursuant to § 483-19D. The permit fee shall be adjusted in accordance with the number of months remaining the expiration of the operator's permit. Thereafter, the permit fee shall be determined in accordance with Subsection B above.
D. 
No initial permit shall be granted and no renewal permit will be issued until all the fees provided for herein have first been paid. Permit fees payable by existing permittees shall be payable no later than the 60th day following the final adoption of this chapter.
E. 
The violation of the reporting provisions of this chapter shall be cause for the revocation or suspension of any permit granted pursuant to this chapter.
F. 
The failure to pay any permit fee provided for in this chapter shall automatically revoke any permit granted pursuant to this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to the fees authorized in §§ 483-26 and 483-27, a permittee shall reimburse the Township for the cost of all extraordinary costs or expenses necessitated as the result of unforeseen difficulties or exigencies or as necessitated by or resulting from any violation of any provision of this chapter.
[Amended 11-17-1975 by Ord. No. 75-24]
Before any work is done for which a permit is required, and during the period covered by the permit, the applicant shall file and maintain a security in form and with surety approved by the Township Attorney in such amount as in the opinion of the Township Engineer shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the conditions of the permit and the terms thereof. The security shall be in an amount of not less than $3,000 per acre of land which is actually being excavated and/or has not been restored pursuant to § 483-21 in accordance with the approved plan. The security shall consist of a minimum cash deposit equal to 1/3 of the total security required, such cash security deposit shall be deposited by the Mayor and Township Council in an interest-bearing trust account, the interest to accumulate for the benefit of the principal and to be payable to the principal annually upon request, with the balance of the security being in the form of a surety bond. Said security shall cover the respreading of topsoil for drainage of the site, and grading to final contour.
A. 
When all required performance has been completed, the obligor shall notify the Mayor and Township Council in writing by certified or registered mail of the completion thereof and shall send a copy thereof to the Municipal Engineer. The Mayor and Township Council shall authorize the Municipal Engineer to inspect the site to determine that all requirements of the approved plan have been complied with. The Municipal Engineer shall thereupon file a report in writing with the Mayor and Township Council which shall be detailed and shall indicate either approval, partial approval or rejection.
B. 
If the work covered by this security or any portion thereof shall not be approved, or shall be rejected by the Municipal Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. Where said rejection indicates partial approval of said improvements or works, it shall indicate the costs of the work for which approval is rejected. The Mayor and Township Council shall accept or reject the work, grant partial approval, or withhold approval, on the basis of such report and shall notify the obligor in writing by certified or registered mail of the content of said report and the action of said Mayor and Township Council with relation thereto not later than 90 days after receipt of notice from the obligor of the completion of the work. Where partial approval is granted the obligor shall be released from all liability pursuant to this performance guaranty except for that portion adequately sufficient to secure the work not yet approved; except, however, that the surety bond or portions thereof shall be released first, before any cash surety is released.
The obligor shall be responsible for all of the inspection fees of the Municipal Engineer incurred in making the inspections referred to in § 483-30.
[Amended 10-20-1980 by Ord. No. 80-13]
A. 
The municipality may issue a stop-work order if a project is not being conducted in accordance with all applicable municipal, state and county approvals and requirements.
B. 
After reasonable notice and an opportunity to be heard before the Mayor and Township Council, the permit of any person may be revoked or suspended for such period as the Mayor and Township Council may determined for any violation of the terms hereof or the terms and conditions of any approved plan and permit granted hereunder.
In addition to an action on the security or guaranty, or the revocation of license provided for herein, any person who violates this chapter or any director or officer who permits or participates in a violation of this chapter or the conditions of the permit shall, upon conviction thereof, be subject to a fine not exceeding $300, or imprisonment not exceeding 90 days, or both, in the discretion of the Judge before whom such conviction is had. Each day that a violation continues shall be considered a separate and distinct violation hereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 11-17-1975 by Ord. No. 75-24]
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety, and welfare of the citizens of the Township of Vernon, County of Sussex, State of New Jersey. Any action taken by applicant under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if any agency can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the governing body may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations, and standards established by this chapter.
[Added 6-1-1981 by Ord. No. 81-13]
No soil permit shall be transferred or assigned except upon application to the Mayor and Township Council. A transfer or assignment of any permit shall be approved by the Mayor and Township Council if the Mayor and Township Council finds:
A. 
That all fee and penalties, if applicable, which are owed to the Township of Vernon under this chapter are paid in full prior to the transfer or assignment.
B. 
That there are no existing violations pending against the permittee for violations of this chapter or any term or condition of any permit previously granted.
C. 
That the transferee or assignee complies with all the requirements set forth in this chapter for the grant of an original permit.
[Added 12-11-2000 by Ord. No. 00-30]
The provisions of this chapter, requiring an application for a soil removal permit, shall not apply in such cases where the applicant has received a preliminary or final site plan approval from either the Planning Board or the Zoning Board of Adjustment and the proposed soil removal being requested was considered as part of the site plan application before the appropriate Board.