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Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
[1972 Code § 90-1; Ord. No. 1038]
Except as set forth in subsection 30-1.7, any person, firm, association or corporation which excavates, removes, fills or grades any soil or sand in the Borough shall obtain a permit prior to commencing such activity in the manner set forth in subsection 30-1.2.
[1972 Code § 90-2; Ord. No. 1038; Ord. No. 2180-15]
Any person, firm, association or corporation desiring to obtain a permit as required by subsection 30-1.1 shall make application for the permit on a form provided by the Construction Code Official of the Borough. The application is to be submitted to the Construction Code Official, together with a fee and a map showing existing and proposed contours and elevations of the premises upon which the work is to be performed as well as the existing contours of all premises within a radius of 200 feet of the lot lines of the premises upon which the work is to be performed. The fee for such application and permit shall be as stated in Chapter 16, Fees.
[1972 Code § 90-3; Ord. No. 1038]
The application and map shall be referred to by the Construction Code Official to the Borough Engineer. In arriving at a decision as to whether a permit shall be granted, the Engineer shall be guided by considerations of public health, safety and general welfare and, in particular, the following factors:
a. 
Erosion by water and wind.
b. 
Drainage.
c. 
Grades and elevations of adjoining streets and lands.
d. 
Effect of the excavation removal or fill upon nearby lands and values and uses of other lands as affected by such work and land values and uses of lands to be excavated or filled from which materials are to be removed or added.
e. 
Lateral support of public streets, roads and highways and of adjoining properties.
f. 
Grades, elevations and depths to be excavated or filled so that the lands after excavation or fill shall be generally level and no stagnant water will remain.
g. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Borough.
[1972 Code § 90-4; Ord. No. 1038]
The Borough Engineer shall instruct the Construction Code Official to deny the permit under the following circumstances:
a. 
The applicant proposes to remove any sand or sand dune which is located east of First Avenue.
b. 
The proposed work shall endanger or damage any adjacent property, including public streets, sidewalks, alleys or rights-of-way.
c. 
The proposed work shall adversely affect existing drainage conditions on any adjacent property, including public streets, sidewalks, alleys or rights-of-way.
d. 
The proposed work shall substantially increase the natural flow of surface or subterranean waters on any adjacent property, including public streets, sidewalks, alleys or rights-of-way.
e. 
The proposed work will create any condition which is inimical to public health, safety and welfare.
[1972 Code § 90-5; Ord. No. 1038]
If, after examining the application and the map required to be filed, the Borough Engineer shall be of the opinion that the proposed work will not create any condition for which a permit could be denied under subsection 30-1.4, he shall instruct the Construction Code Official to issue a permit for the work. The Borough Engineer shall have the authority to impose such terms and conditions upon the issuance of the permit as may be necessary to carry out the intent and purpose of this chapter and to ensure that no work is done which will create any of the conditions for which a permit could be denied under Section 30-1.4.
[1972 Code § 90-6; Ord. No. 1038]
Before any permit for excavation, removal, filling or grading shall be granted, the owner of the premises or applicant shall file with the Borough Engineer a bond in form acceptable to the Borough Attorney and with a surety licensed to do business in the State of New Jersey in such amount as, in the opinion of the Borough Engineer, shall be sufficient to indemnify the Borough from any failure of the holder of the permit to comply with the provisions hereof.
[1972 Code § 90-7; Ord. No. 1038]
a. 
A permit and performance bond shall not be required to be obtained in the following instances:
1. 
Excavation, removal, filling or grading of less than 50 cubic yards of soil or sand.
2. 
Work performed in accordance with a validly issued construction permit.
3. 
Work performed in accordance with a subdivision or site plan approved by the Planning Board.
b. 
Although a permit or performance bond shall not be required in the above instances, all work shall be performed in such a manner so as not to create any condition for which a permit can be denied under subsection 30-1.4, hereof. It is the intention of this provision to create an exemption of permit and bond requirements for certain categories of work as specified herein. However, all excavation, removal, filling or grading of soil and sand in the Borough must be performed in accordance with the terms, standards and criteria set forth in this section.
[1972 Code § 90-8; Ord. No. 1038]
As soon as is practicable after the adoption of this section, the Borough Engineer shall designate an area which can be utilized for the depositing and storing of excess soil or sand. Any property owner within the Borough who wants to dispose of any soil or sand at that site shall first obtain written permission from the Construction Code Official. The Borough Engineer may authorize the use of any soil or sand so deposited either by the Borough or any property owner of the Borough in such a manner as the Borough Engineer, in his absolute discretion, shall deem appropriate. It is the intention of this provision to create a municipal soil bank so as to encourage the retention of soil and sand within the Borough and to make such soil and sand available for reuse to the benefit of the Borough and its property owners.