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:
A.
The name and addresses of the applicant and the owner (if other than
applicant).
B.
The description of the land involved, including Tax Map lot and block
numbers as identified by the Knowlton Township Tax Maps.
C.
A detailed description of the methods, conveyances and machinery
to be employed for the soil removal activity.
D.
The total quantity of soil to be removed in cubic yards.
E.
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.
F.
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.
G.
The purpose or reason for the intended soil removal activity.
H.
The proposed destination of the soil to be removed.
I.
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.
J.
The name, address and telephone number of the person in direct charge
of the soil removal activity.
K.
A permit fee of $100.
L.
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.
A.
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.
B.
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.
A.
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:
(1)
Fraud or misrepresentation of the application for permit.
(2)
Fraud or misrepresentation in the conduct of the permitted activity.
(3)
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.
(4)
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.
B.
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.
C.
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.
A.
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.
B.
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.
