Township of Hampton, NJ Chapter 87 Soil Removal and Importation

[HISTORY: Adopted by the Township Committee of the Township of Hampton 6-29-1982. (This ordinance was originally adopted as Chapter 109, but was renumbered as Chapter 87 to maintain the alphabetical sequence of the Code.) Amended in its entirety 5-28-2019 by Ord. No. 2019-05. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Subdivision of land — See Ch. 91.

Zoning — See Ch. 108.

§ 87-1 Findings of fact.

The Hampton Township Committee finds and determines that the unregulated and uncontrolled excavation and the removal or relocation or importation of soils within Hampton Township on any scale or for sale or use has or may result in conditions detrimental to the public safety, health and general welfare, substantially hampering and deterring the efforts of the Township to effectuate the general purpose of municipal planning.

§ 87-2 Title.

This chapter shall be known and may be cited as the "Hampton Township Soil Removal Ordinance."

§ 87-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPROVED PLAN

In the case of a new application, a plan for soil removal, storage and/or importation approved by the Planning Board along with a use variance and, in the case of a nonconforming use in existence on June 29, 1982, and not involving an expansion of that nonconforming use, a plan approved by the Planning Board.

[Amended 10-26-2021 by Ord. No. 2021-12]

ARABLE SOIL

Soil within eight inches of the surface of the premises from which soil is contemplated to be removed.

CONTAMINANT

Any hazardous substance, hazardous constituent, hazardous waste or pollutant.

CONTAMINATED MATERIAL

Any soil, fill or other material containing contaminants exceeding the present requirements for residential direct contact pursuant to N.J.A.C. 7:26E-1.1 et seq., technical requirements for site remediation, as may be amended.

FILL

Soil and/or any other material, whether natural or not, put into a depression or hole in the ground or used to create mounds or otherwise artificially change the grade or elevation of real property. In no case shall "fill" include contaminated material, construction debris, trash, vegetative debris and/or other forms of waste.

IMPORT

Engage in importation.

IMPORTATION

Bringing soil or fill to a tax lot within the Township from another location.

MULCHING

The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.

PERMIT

A certificate issued to perform work under this chapter.

RECYCLED ASPHALT PAVEMENT ("RAP")

Asphalt millings (material produced from milling of roads before repaving) and pieces of asphaltic roadway pavement removed from roadway surface or subbase or other asphalt-paved surfaces such as parking lots or driveways.

SOIL

Dirt, stone, gravel, sand, humus, clay, loam, rock, shale, and/or mixtures of any of these, but excluding contaminated material and also excluding quarry process or rock products previously used in construction of roads, driveway or similar construction.

TOPSOIL

The arable soil within eight inches of the surface.

§ 87-4 Permit required.

A. No person or entity shall excavate for the removal, relocation, or importation of soil or fill for sale or use or otherwise remove, relocate, import, store, or stockpile soil and/or fill for sale, gift or otherwise or for use on any given tax lot, unless a permit has been first obtained, as herein set forth.

B. The provisions of § 87-4A shall not apply when:

(1) The amount of removal of soil is 50 cubic yards or less;

(2) The removal of soil is associated with and incidental to the excavation required for the construction of a single-family dwelling and associated lawns, driveways, accessory buildings, patios and retaining walls on a single lot in accordance with the building permits issued by the Construction Official;

(3) The removal of soil is associated with the excavation required for the construction of an in-ground or aboveground swimming pool;

(4) The removal and/or importation of soil and/or fill is associated with the excavation required for the construction or reconstruction of individual sewage disposal systems in accordance with permits issued by the Board of Health;

(5) The removal of soil is limited to an area of not more than five acres and is associated with, and incidental to, the construction of an approved site plan, if the material removed is utilized as fill material on the subject property, or the amount removed from the site does not exceed twice the volume of the material displaced by the building foundation or foundations;

(6) The removal of soil is associated with and necessary for the reconstruction and/or construction of roads, drainage systems, sanitary sewers, flood control measures or other improvements approved on the subdivision plat by the reviewing municipal body or undertaken by any governmental agency;

(7) The removal of soil is associated with and incidental to the regrading of the yard on an existing developed single lot for the purposes of making or installing drainage improvements, driveways or other necessary improvements;

(8) The importation of soil and/or fill does not exceed 15 cubic yards in the aggregate;

(9) Importation and/or storage of soil and/or fill is needed for a building foundation, septic tank, pool or sanitary installation to be constructed, installed or repaired within the Township if all required permits related to the project are first issued;

(10) Movement or placement of soil or fill to the extent it is a protected agricultural management practice under the New Jersey Right to Farm Act[1]; or

[1] Editor's Note: See N.J.S.A. 4:1C-1 et seq.

(11) Storage of soil by a landscaping and/or retail sales business for landscaping and/or retail sales purposes in a yard lawfully dedicated to and/or approved by the Township for that use.

C. No application for a permit shall be made pursuant to this chapter to the Township Committee until a use variance and plan have been approved by the Planning Board in the case of a new application or by the Planning Board in the case of an existing nonconforming use not involving an expansion of that nonconforming use. The Township Committee shall be the issuing authority for the permit.

[Amended 10-26-2021 by Ord. No. 2021-12]

§ 87-5 Permits required for existing operations.

A. In the case of soil removal operations presently in existence as nonconforming uses, the owner or operator shall file, within 90 days from the adoption of this chapter, an application for a soil removal permit under this chapter with the Planning Board. The Planning Board shall consider the application and make its recommendations to the Township Committee within 65 days from the date of the filing of the application. The Township Committee shall then determine the application for a soil removal permit as set forth herein.

B. The above § 87-5A applies only to soil removal operations which were in existence on June 29, 1982.

§ 87-6 Application for conditional use permit; recommendation on certain soil removal permit applications.

An application to the reviewing municipal board shall be accompanied by the following:

A. Map.

(1) A map showing:

(a) Existing contour lines at two-foot intervals. No such topographical map is required for the removal of less than 8,000 cubic yards of total material unless specifically required by the Board.

(b) Proposed contour lines at two-foot intervals after removal of the soil.

(c) All existing structures on the subject premises and within 200 feet thereof.

(d) All existing roads and drainage on the subject premises and within 200 feet of the property.

(e) Location of topsoil storage areas.

(f) Methods of controlling silting of downstream properties.

(g) The elevation of the water table and of bedrock.

[1] The determination of the elevation of the water table and the bedrock shall be made by one of the following methods:

[a] Test pits with a backhoe.

[b] Probes or soundings.

[c] Geophysical tools.

[d] Rotary drilling.

[e] Continuous flight auger drilling.

[2] The test method utilized shall make exploration for the water table to a depth of at least eight feet below the proposed final grade. A three-hundred-foot grid pattern shall be used in determining the water table with a minimum of four locations for a five-acre tract. The applicant shall notify the Township Engineer at least seven days in advance of conducting the tests to determine the water table, and the Township Engineer, or his representative, shall be present and witness the tests when conducted. A certification of the applicant's engineer shall be inserted on the map which shall read as follows: "I hereby certify that the water table is (or is not, whichever is applicable) within eight feet of the proposed final contour as shown on this map." The engineer's certification shall also include the names and addresses of the persons witnessing the tests utilized to determine the water table, the dates that the tests were taken and the test methods utilized and a log of the materials found in the test holes or pits.

(h) All existing trees, 2 1/2 inches in diameter, measured 4 1/2 feet from the ground level.

(i) Sites which exist at the time of the initial enactment of this chapter on which there is an existing gravel bank from which 8,000 cubic yards or less of material are removed during any calendar year are not required to file the map as required hereunder; provided, however, that the Township Engineer shall cause a site inspection to be made prior to the issuance of any permit on any such site, and he shall determine if the operation, if continued, will have a detrimental effect on adjoining properties, roads, streams, waterways and on the public health and safety. The Township Engineer shall render an inspection report and recommendation to the reviewing municipal board for its consideration and action prior to the issuance of any permit. The reviewing municipal board shall have the right after receipt of the Engineer's report and recommendation to require the filing of a map in accordance with the provisions of this chapter if it shall deem it necessary for the proper performance of its duties under this chapter.

(2) The map, submitted by applicant showing proposed contours shall divide the property from which soil is to be removed into five-acre sections. The applicant shall indicate on the map the numerical sequence in which the sections are to be worked. Not more than one section shall be worked at any one time pursuant to § 87-11K herein.

B. An aerial photograph of the site as filed with the Township Engineer.

C. An indication of the total number of cubic yards to be removed and the length of time within which the proposed operation shall be completed, which shall normally not be for longer than five years. Where a total project is not capable of being completed within five years, it shall be broken down into two sections, one of which shall be completed within five years and the other within such further period not exceeding five years as the appropriate township body may determine.

D. (Reserved)

E. An approved soil erosion and sediment control plan prepared by a licensed New Jersey professional engineer, in accordance with Specifications for Soil Erosion and Sediment Control of the Sussex County Soil Conservation District and § 91-19 of the Hampton Township Ordinances, or a soil erosion plan approved by the Sussex County Soil Conservation District.

§ 87-7 Factors considered in approving permits.

A. In considering and reviewing the application and arriving at its decision, the Planning Board or reviewing municipal board, as appropriate, shall be guided by and take into consideration the public health, safety and general welfare and the general purpose of land use control, and particular consideration shall be given to the following factors:

[Amended 10-26-2021 by Ord. No. 2021-12]

(1) Soil erosion by water and wind.

(2) Surface water drainage.

(3) Soil fertility.

(4) Lateral support of abutting streets and lands.

(5) Public health and safety.

(6) Land values and uses.

(7) Contours, both existing and proposed.

(8) Existing contours and topographic character of the land prior to the removal and/or importation of any soil and/or fill and the proposed contours which shall result subsequent to the removal and/or placement of soil in accordance with the application.

(9) Whether the proposed removal and/or importation of soil and/or fill is necessary and incidental to the development of the property for its intended use or whether the proposed project constitutes primarily a commercial activity.

(10) Effect of tree removal.

(11) Traffic impact and appropriate traffic routes. The reviewing municipal board having jurisdiction shall have the authority to require the applicant to conduct engineering studies and a traffic survey on the roads in the vicinity of the proposed operation in order to determine if such roads are of sufficient strength to support the truck traffic to be emanating from the operation. The traffic survey, if required, shall be made with counters, and the average daily traffic shall be determined.

B. Said application and map must be approved by the Sussex County Soil Conservation District.

C. In the event that, after considering and reviewing the application, the resultant effect would be a creation of a lake, pond, hole, pit or depression, or stagnant water would collect on the property, or the nature of the operation would be a wet-mining operation, then and in that event the existence of any one of these factors alone may be a sufficient basis for the denial for the permit.

D. The reviewing municipal board, in cases where it determines that off-tract improvements are necessitated or required because of the proposed operation, shall have the authority to require the applicant to construct off-tract improvements in accordance with the provisions of § 91-13 of the Hampton Township Ordinances.

§ 87-8 Issuance of permits.

After approval of the application by the reviewing municipal board, an application for a permit shall be made to the Township Committee. The Township Committee shall review the application and issue the permit if appropriate. Said permit shall be issued on an annual calendar-year basis. For renewal of permits, see § 87-11J.

§ 87-9 Methods of operation.

If a permit is issued for the removal or importation of soil or fill as provided herein, the owner, or person in charge, shall so conduct the operations that there shall be no sharp declivities, pits or depressions, and in such manner that the area shall be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as required and shown on the approved plan. No soil or fill shall be removed, stored, placed or imported nor shall any operation be conducted so as to violate any of the regulations contained in this chapter or any applicable law. The owner, or person in charge, shall ensure that public rights-of-way used for transport of soil and/or fill are kept free of soil, fill and debris related to the operation.

§ 87-10 Arable soil.

A. Arable soil within eight inches of the surface shall not be removed from the licensed owners' premises, but promptly, on completion of operations, the arable soil so retained shall be respread on the surface as uniformly as possible to a minimum depth of six inches, and seeded with winter rye or other suitable planting.

B. If the soil within eight inches of the top is not arable soil, arable soil to a minimum depth of six inches shall be spread thereon promptly when the operation is completed in each area. Provisions shall be made for adequate drainage after the topsoil is replaced.

§ 87-11 General regulations.

The following regulations shall be observed:

A. Deposits prohibited on adjoining property or public roads. Soil and/or fill removed and/or imported shall not be deposited or in any way thrown or placed upon adjoining property or public roads. Any soil or material resulting from any operation, accumulating on any adjoining property or public road, shall be removed therefrom immediately, upon notice by the Township to the permittee.

B. Access road. The applicant shall construct a coarse gravel access road into the removal site to ensure that trucks leaving the site will not track material onto the public road. Such access road shall be in accordance with the requirements of the Township Engineer.

C. Operations near streams or wetlands. All operations shall be conducted in strict accordance with any federal, state or local law, ordinance or regulation and the terms and conditions of any permit granted for the operations. More specifically, but without limitation, the operator shall strictly comply with the New Jersey Freshwater Wetlands Act, rules and regulations and the New Jersey Stormwater Management laws, rules and regulations. No operation shall be permitted within 100 feet of any stream or wetland, unless it can be shown that no federal or state regulation would be violated and that soil removal, movement or importation would not alter the quantity or quality of the water, nor adversely affect the rate of flow, and that the final finishing grade requires soil disturbance within the 100-foot distance. However, even if any state or federal law, rule or regulation would permit the operation or removal within 100 feet of a stream or wetland, the within restriction applies.

D. Nuisances or hazards. The operation shall be conducted so as not to constitute a nuisance to adjoining owners or the Township, and in no event shall the operation create any hazardous or unsafe condition with regard to any person or persons. No soil or fill shall be removed or placed within 100 feet of the road right-of-way of any public road or within 100 feet of any adjoining property line except for that removal or placement which is necessary for final grading and which has been approved by the reviewing municipal board.

E. Clearance of area. Upon completion of an operation or of excavation from an area delineated on the approved plan, the area shall be properly cleared of debris, graded to conform to the contours and grades and trees shall be planted, in accordance with the approved plan. A final map shall be submitted containing and complying with all requirements as set forth in this section.

F. Requirement of approved plan. Soil shall not be removed or imported, except in accordance with the approved plan, which plan may, upon application, be amended from time to time by the reviewing municipal board.

G. Water table and grade level restrictions. No soil shall be removed which is within eight feet of the water table, and no soil shall be removed which is below the grade established and shown on the approved map.

H. Garbage; pollution; safety hazards. No trash, garbage, junk or debris shall be stored in any licensed area and no safety hazards shall be permitted, either during or after the completion of operations. All burning of combustible debris, resulting from the soil operation, shall be subject to the regulation set by the Fire Department or any regulation of a higher authority in effect and shall be undertaken so as not to create a smoke nuisance or air pollution safety hazard.

I. Testing and inspection.

(1) Unless otherwise exempt under the terms of this chapter, no permit per § 87-4 shall be issued for relocation and/or importation of soil or fill unless the applicant submits proof that the material has been tested in conformance with § 87-11I(2) below and that it complies with the Technical Requirements for Site Remediation found in N.J.A.C. 7:26E-1.1 et seq., as may be amended. Proof shall be a letter from a laboratory certified by the State of New Jersey to perform soil analysis, stating that results meet or exceed the present requirements for residential direct contact pursuant to N.J.A.C. 7:26E-1.1, et seq., as may be amended, along with the actual test results.

(2) Any soil, fill and/or other material brought into the Township from outside source(s) or relocated within the Township for the purpose of temporarily or permanently depositing or storing same on lands within the Township must be tested at the source for compliance with the present requirements found in N.J.A.C. 7:26E-1.1 et seq., in accordance with § 87-11I(1) above and collected and evaluated by a laboratory certified by the State of New Jersey. Further:

(a) All expenses connected with such testing are to be borne by the recipient of the fill;

(b) The Township shall have the authority to order additional reports or inspections as it may deem necessary and appropriate;

(c) Acceptance or rejection of any material is to be made according to this chapter and any additional rules or regulations the Township it may from time to time enact; and

(d) A minimum of two samples are to be extracted from the source for laboratory analysis for each 500-cubic-yard lot, or fraction thereof if from undisturbed natural ground. Testing for all other sources shall be determined based upon the source and volume of the fill to be imported. Samples are to be extracted, tested and evaluated by a state-certified laboratory. Samples must be biased to the location of the highest suspected contaminated concentrations, as determined by the laboratory professional or his duly assigned representative.

(3) The applicant shall permit the inspection of the operation and materials, at any reasonable time, by the Hampton Township Subcode Official and/or the Township Engineer, or any other person designated by the Township to perform such inspections. All professional fees and testing expenses are chargeable to the owner and applicant, jointly and severally.

J. Permit renewal for soil removal.

(1) On or before November 1 of each year, every soil removal operator holding a permit issued pursuant to § 87-8 shall file application for an annual operating license for the next ensuing calendar year. Said application shall be accompanied by the following:

(a) A letter from the Township Engineer that inspection of the licensed premises has been made pursuant to the requirements of § 87-11I and setting forth the results of said inspection, including specification of any violations of this chapter or of any other law or ordinance.

(b) A statement from the Tax Collector of the Township of Hampton that all taxes levied and assessed against the licensed premises have been paid to date.

(c) Payment of the annual operating fee, which shall be $100 where the operating licensee contemplates removal of less than 8,000 cubic yards in the ensuing year and $500 where more than 8,000 cubic yards are expected to be removed in the ensuing year.

(2) If the report of the inspection of the Township Engineer indicates that there are any violations or problems in connection with the soil removal operation, the Clerk shall not issue the annual operating license but shall submit all papers to the Township Committee. The Township Committee may determine, on the basis of the papers submitted, to authorize issuance of the license or of a limited or conditional license; or in its discretion, may, in the case of serious violations, require the licensee to show cause why the operating license and permit should not be suspended or revoked in accordance with § 87-14.

K. Soil removal limited to five-acre sections. In order to minimize the possibility of mud slides or drainage of silt, and for safety purposes, the area of operations for excavation shall be limited to one five-acre section as shown on applicant's soil removal map, at any one time. The applicant shall fence and enclose the five-acre section currently the subject of soil removal operations. The applicant shall not commence soil removal upon a succeeding five-acre section without the replacement of topsoil and reseeding and restoration of the previous five-acre section and approval of restoration by the reviewing municipal board. Each succeeding five-acre section shall be enclosed before soil removal operations are commenced thereon.

L. Respreading and reseeding of arable soil. Upon the completion of work in any specific area, all respreading of arable soil and reseeding as required by this section and § 87-10 of this chapter shall be completed within 60 days thereafter; except that, if the completion of work in an area occurs during the winter months when it would not be practical to respread the topsoil and reseed it, the work shall be completed within the additional time as may be specified by the reviewing municipal board.

M. Exception from regulations. In any action taken by the reviewing municipal body with regard to this section of the township ordinances, the body shall give primary consideration to the rules, regulations and standards herein set forth, in order to promote the general welfare of the entire community. If, however, the applicant can clearly demonstrate, because of peculiar conditions pertaining to his or her land, that literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the reviewing municipal body may grant exceptions from the requirements of such sections as may be reasonable within the general intent of this chapter. It shall state its reasons for granting any such exceptions in resolution form.

N. Hours of operation. Hours of operation shall be limited from 7:00 a.m. to 6:00 p.m., Mondays through Fridays, and 7:00 a.m. to 1:00 p.m. on Saturdays. There shall be no operation of any kind or character on Sundays or legal holidays. No vehicles shall arrive on the site until 7:00 a.m.

O. Working face of excavation. While working an area, the working face of the excavation shall not exceed 85º from the horizontal, nor shall an eighty-five-degree angle have a vertical height exceeding 30 feet. Any face not currently being worked on shall not exceed 30º from the horizontal. A suitable fence shall be erected on three sides of the working face of the excavation in order to prevent persons from approaching such working face from the existing grade level. Where an excavated area adjoins a road, no excavation shall be made below the level of the road for a distance of 100 feet back from the right-of-way of the road. Where an excavated area is within 50 feet from any building, the finished grade thereof shall not exceed 10% or be less than 2%. Care should be taken so that there shall be no diversion of surface water either during the operation or after the project is complete.

§ 87-12 Application and inspection fees.

A. Removal operations. Upon application for a permit for the removal of a total of less than 8,000 cubic yards of material, pursuant to the provisions of this chapter, the applicant shall pay a filing fee in the amount of $100. For an application for the removal of more than 8,000 cubic yards, the fee shall be $500. In addition, at the time of filing the application for the removal of less than 8,000 cubic yards of material, a deposit in the sum of $100 to cover review by the Township Engineer, Planning Consultant and other Township personnel and site inspections and other review fees shall be made with the Township Clerk by the applicant. In the case of an application for the removal of more than 8,000 cubic yards, said deposit shall be $500. Any unused portion shall be returned to the applicant. The Board shall have the right to require additional deposits to be paid by the applicant, from time to time, in order to ensure that review and inspection fees are adequately provided for. Upon the issuance of a permit for the removal of 8,000 cubic yards or less, the applicant shall pay another deposit in the sum of $100 to cover reasonable inspection fees to municipal personnel, including but not limited to the Township Engineer, for any inspections and field checks of the operation and for inspections of improvements. Upon the issuance of a permit for the removal of more than 8,000 cubic yards, said deposit shall be $500. Thereafter, the permittee shall reimburse the Township promptly for the cost of all periodic inspection fees, as well as any extraordinary costs or expenses, including attorneys' fees necessitated as a result of unforeseen difficulties or exigencies or necessitated by or resulting from any violation of any provision of this chapter. Should the applicant fail to reimburse the township for the aforesaid fees within 14 days of a request by the Township to do so, the permit may be suspended or revoked for such a period of time as the Township Committee may determine.

B. Importation of soil or fill. Upon application for a permit for the importation, storage or relocation of soil and/or fill pursuant to the provisions of this chapter, the applicant shall pay a filing fee in the amount of $150 for the first 10 cubic yards plus $0.25 for each additional cubic yard. The filing fee shall cover the cost of a preliminary site visit and review of initial submission. If more than two inspections of a property are anticipated or required, the applicant shall post an escrow deposit in an amount established by the Township Engineer to cover the cost of any additional inspections. All inspections shall be charged to the account in an amount based on the regular hourly rates of the Township Engineering staff. All fees shall be paid and the escrow account made current prior to the issuance of any certificate of occupancy, certificate of approval or the release of any performance guarantees that may have been posted with respect to the property. The applicant shall reimburse the Township promptly for the cost of all periodic inspection fees, as well as any extraordinary costs or expenses, including attorneys' fees necessitated as a result of unforeseen difficulties or exigencies or necessitated by or resulting from any violation of any provision of this chapter. Should the applicant fail to reimburse the Township for the aforesaid fees within 14 days of a request by the Township to do so, the permit may be suspended or revoked for such a period of time as the Township Committee may determine.

§ 87-13 Bonds.

A. Bond required. 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 bond in form and with surety approved by the Township Attorney in an amount deemed sufficient by the Township Committee on a recommendation of the Township Engineer, that shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the conditions of the permit and the terms thereof. The bond shall be in an amount not less than $3,000 per acre of land which is actually being worked in accordance with the approved plan. The bond shall cover the respreading of topsoil as required by the provisions of § 87-10 and also final provisions for drainage of the site and grading to final contour. The amount of any performance bond or guaranty may be reduced by the Township Committee by resolution, when portions of the improvements or works have been completed, upon recommendation of the Township Engineer.

B. Release from bond. When all required performance has been completed, the obligor shall notify the Township Committee, in writing, by certified or registered mail, of the completion thereof and shall send a copy thereof to the Township Engineer. The Township Committee shall authorize the Township Engineer to inspect the site to determine that all requirements of the approved plan have been complied with. The Township Engineer shall thereupon file a report in writing with the Township Committee which shall be detailed and shall indicate either approval, partial approval or rejection. If the work covered by the bond or performance guaranty, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, the report shall contain a statement of reasons for such nonapproval or rejection. Where the rejection indicates partial approval of the improvements or works, it shall indicate the costs of the work for which approval is rejected. The Township Committee shall accept or reject the work, grant partial approval, or withhold approval, on the basis of the report and shall notify the obligor in writing by certified or registered mail of the contents of the report and the action of the Township Committee 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 his performance guaranty bond except for that portion adequately sufficient to secure the work not yet approved.

§ 87-14 Revocation or suspension of permit.

After reasonable notice and an opportunity to be heard before the Township Committee, the permit of any person may be revoked or suspended for such period as the Township Committee may determine, for any violation of the terms hereof or the terms and conditions of any approved plan and permit granted hereunder.

§ 87-15 Enforcement by Zoning Officer.

A. It shall be the duty of the Zoning Officer to enforce this chapter in accordance with the provisions of this chapter and the Land Use Procedures Ordinance[1] of the Township of Hampton. Pursuant to that duty, he shall investigate any violation or alleged violation of this chapter coming to his attention. In the event an application has been previously approved for a soil removal operation in accordance with this chapter, and there is a deviation from the approved application, the Zoning Officer may stop work by posting a stop-work notice on the site. The Zoning Officer shall have the right to enter upon any premises during the daytime in the course of duty after proper notification to the property owner or occupant of the property. The Zoning Officer may sign complaints against anyone violating this chapter and prosecute the matter in court.

[1] Editor's Note: See Ch. 15, Land Use Procedures.

B. A zoning permit shall be issued by the Zoning Officer prior to the excavation, removal, relocation or importation of soils within Hampton Township.

§ 87-16 Violations and penalties.

A. A violation of any provision of this chapter of the Code of Hampton Township by any person, firm or corporation shall, upon conviction for that violation, be punishable by one or more of the following in the discretion of the Judge: a fine of not more than $2,000, or imprisonment in the County Jail for a term not to exceed 90 days, or community service for a period not to exceed 90 days. Each day that such violation shall be continued shall be deemed and taken to be a separate and distinct offense and violation.

B. In addition, the Township Committee may revoke any license or permit granted under this chapter, or may suspend any license or permit granted under this chapter, after reasonable opportunity for the licensee or permittee to be heard, for any violation of the provisions of this chapter. Said revocation or suspension may effect the operation of the licensee's or permittee's business.

§ 87-17 Action instituted by Township.

In the case of any violation of this chapter or in the case of any excavation, removal, storage, placement or importation being conducted or having been conducted without the required permit, the Township of Hampton through the Zoning Officer may institute an action to enjoin or other appropriate action or proceeding in court to prevent the violation of this chapter. The Zoning Officer may issue a notice to stop work until the proper permits are obtained and this ordinance is complied with.

§ 87-18 Recycled asphalt pavement prohibited; exceptions.

Notwithstanding any contrary term in this chapter, importation, use and/or placement of recycled asphalt pavement to or on property in the Township is prohibited unless permitted by and used in accordance with applicable regulations promulgated by the New Jersey Department of Environmental Protection; however, in no case shall the material be placed within the boundaries of a public road. This section shall not apply to road maintenance, repair and/or replacement conducted by the Township, county or state.

§ 87-19 Prohibited materials.

Notwithstanding any contrary term in this chapter, importation of contaminated material, construction debris, trash or vegetative debris or of solid waste as defined by N.J.A.C. 7:26-1.6 to a property for deposit within the Township is prohibited.