[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of Byram 4-21-1976. Amendments noted where applicable.]
[Amended 12-30-1976; 11-19-1990 by Ord. No. 14-1990; 3-16-1998 by Ord. No. 4-1998]
No excavation, which shall be defined as any
act by which soil or rock is cut into, dug, quarried, uncovered, removed,
displaced or relocated, within the Township of Byram shall be undertaken
without first applying to the Construction Official of the Township
for a permit and obtaining from said officer a permit in accordance
with the requirements of this chapter. Excluded from this requirement
will be any excavation made for the purpose of conducting percolation
tests or soil logs; any which shall be a depth of less than five feet
from the existing ground grade prior to the excavation; and any excavation
which is being made pursuant to the activities permitted under a lawfully
issued construction permit, soil removal permit or individual sewage
disposal permit. The exemption allowed for excavation under a construction
permit shall be all excavations necessary for construction (and to
obtain a valid certificate of occupancy from the Township).
A.
An applicant, prior to any excavation being made as
defined above, shall make an application to the Construction Official
containing information as to the following.
[Amended 12-30-1976]
(1)
The name and address of the owner of the property
upon which the excavation is to be made.
(2)
The name and address of the applicant if different
from the owner.
(3)
The location upon the property of the proposed excavation,
either by submission of a plan or detailed description; the depth
of the excavation; the purpose of the excavation; and the length of
time that said excavation shall remain open and unfilled.
(4)
The provisions for covering said excavation for periods
of time that the excavation shall be unattended, which means of covering
shall meet the requirements as stated hereinafter.
B.
In the event that the applicant for the excavation
is a different person or entity than the owner, there shall be attached
to the application a letter from the owner or owners granting permission
to the applicant to make the excavation for which the permit is sought.
C.
Each application shall be accompanied by a fee as set forth in Chapter A287, Fees.
[Amended 11-19-1990 by Ord. No. 14-1990; 3-16-1998 by Ord. No. 4-1998; 2-4-2008 by Ord. No. 2-2008]
D.
Upon all of the above requirements being met, the
Construction Official shall issue a permit for the excavation contained
in the application, which permit shall take effect on the date that
the excavation is to be made and shall expire on the date that is
contained in the application for the filling of the excavation.
[Amended 12-30-1976]
All excavations made pursuant to this chapter,
whenever the same are unattended, shall be securely covered with material
having a live-load capacity of at least 20 pounds per square foot.
All excavations shall be filled to grade level by 6:00 p.m. prevailing
time on the date which is stated in the application as to when the
excavation was to be filled, except that excavated test holes for
percolation tests shall be filled immediately upon inspection and/or
approval by the Department of Health or the designated health official.
No vehicle or machine such as a bulldozer, front-end
loader or other like unit with metal track shall be allowed to cross
or move on any paved portion of a Township street or highway unless
the road surface is properly planked.
[Amended 12-30-1976; 11-19-1990 by Ord. No. 14-1990]
Any person, firm or corporation violating any provision of this chapter or any order of the Township Construction Official issued pursuant to the provisions of this chapter shall be punished as provided in § 1-15 of Chapter 1, General Provisions. Each day that an excavation remains open in violation of the terms of this chapter shall be considered a separate and distinct offense.
