No person shall excavate for the removal of soil or otherwise remove soil in contravention of this chapter or for sale or for use other than on the premises from which the soil shall be taken without a soil removal permit, except in connection with the excavation or grading incidental to construction or alteration of a structure on such premises for which a permit has been issued or site plan approval has been rendered by the Planning Board or Board of Adjustment or other permitting agencies or for ordinary landscaping.
Application shall be made to the Zoning Officer and accompanied by a signed major subdivision plat and/or plan showing the purpose and reason for the soil removal activity and shall include the following:
The name and addresses of the applicant and the owner (if other than applicant).
The description of the land involved, including Tax Map lot and block numbers as identified by the Knowlton Township Tax Maps.
A detailed description of the methods, conveyances and machinery to be employed for the soil removal activity.
The total quantity of soil to be removed in cubic yards.
The existing and finished contours of the site of removal and disposition of the soil, shown at a scale of not less than one inch equals 100 feet and a contour interval of two feet.
A copy of any Soil Erosion and Sedimentation Control Plan approved by the Warren County Soil Conservation District, in those applications where such a plan and approval are required.
The purpose or reason for the intended soil removal activity.
The proposed destination of the soil to be removed.
The proposed date for the commencement and completion of the soil removal activity. However, in no event shall a permit be good for more than two years.
The name, address and telephone number of the person in direct charge of the soil removal activity.
A permit fee of $100.
Performance bonding, which shall be in accordance with approval of the Board having jurisdiction over the applications.
Upon receipt of a completed application for a soil extraction permit, the Zoning Officer shall issue a soil removal permit when site plan approval has been granted.
The issuance of a soil removal permit in connection with a surface mining operation shall entitle the permittee for the duration of the permit and subject to its terms to extract soil, remove it from the designated premises and transport it to a location within or outside the Township of Knowlton.
The issuance of a soil removal permit in connection with other than surface mining activities shall be in accordance with the recommendations of the Planning Board or Board of Adjustment and shall entitle the permittee for the duration of the permit and subject to its terms to extract specified quantities of soil and remove it from the designated premises; provided, however, that such removal and transportation of soils shall be limited to the hours of 7:00 a.m. to 5:00 p.m., Mondays through Saturdays, except State of New Jersey legal holidays. In no event may topsoil be removed from the site.
The Zoning Officer shall keep a record of all permits issued under the authority of this chapter. The records shall include all information contained in and terms applicable to the permit. The records shall also indicate the amount of fees paid for the permit, the date on which the payment was received, the date of the issuance of the permit and whether the permit was new or a renewal.
During any soil extraction activity, a valid soil extraction permit shall be prominently displayed at the site where said activity is being conducted.
Soil extraction permits shall apply only to the person and the site to whom and for what purpose it was issued or approved and may not be transferable to another person or site.
Any soil extraction permit issued by the Zoning Officer may be revoked by the Township Committee after notice and a hearing for any of the following causes:
Fraud or misrepresentation of the application for permit.
Fraud or misrepresentation in the conduct of the permitted activity.
A violation of any provision of the soil removal permit or noncompliance with any of the terms of a conditional use permit granted, where applicable, by the Planning Board or Board of Adjustment.
Conduct by the permittee or his agents, representatives or employees in an unlawful manner or in a manner inimical to the public health, safety or general welfare.
Notice of hearing for the revocation of a soil removal permit shall be given, in writing, by the Zoning Officer to the person, firm or corporation to whom the permit was issued. The notice shall specifically set forth the ground(s) upon which the proposed revocation is based and the time and place of the hearing. The notice shall be served by mailing a copy to the permittee to the address on the application, or to his last known address, by certified mail, return receipt required, at least five working days prior to the date set for the hearing.
At the hearing for the revocation of a soil removal permit, the permittee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Committee shall revoke or suspend the permit if it is satisfied by a preponderance of evidence that valid causes for such revocation or suspension exist.
The Township Committee may authorize the issuance of another soil removal permit to a person whose permit has been revoked, suspended or denied as provided herein if, after a hearing, it is satisfied by clear and convincing evidence that the reasons leading to the revocation, suspension or denial have been properly rectified and will not reoccur. Otherwise, no person whose permit has been revoked, suspended or denied, nor any person acting in his behalf, directly or indirectly, shall be issued another permit to carry on the same soil removal activity.
For any and every violation of provisions of this chapter, the owner, contractor or other person or persons interested as lessees, tenants or otherwise in any building, land or premises where such violation has been committed or shall exist or continue to exist and who shall fail to abate said violation within the time specified by the notice of violation, after written notice to do so has been served upon him by certified mail, return receipt requested, or by personal service upon him, shall for each and every violation be subject to a fine up to $500 per day for each day of violation or imprisonment for 90 days, or both.
Each and every day of such violation after such abatement notice shall have been served shall be considered a separate and specific violation of this chapter and not as a continuing offense. If, after diligent effort, service of a notice of violation cannot be made by mail or in person, posting of a copy of such notice at a conspicuous part of the premises in violation shall be construed as legal service.