As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
SOIL
Any earth, topsoil, clay, loam, gravel, brick, concrete,
masonry materials, stone, sand, dirt or rock, without regard to the
presence or absence of organic matter.
SOIL MOVING
Any removal of soil from or depositing of soil on any premises
except as otherwise exempted by this chapter.
TOPSOIL
Upper layer of soil which contains humus and bacteria necessary
to plant growth.
[Amended 6-2-1988 by Ord. No. 570]
No person shall remove or deposit soil on any
premises in the Borough of Oceanport unless a permit therefor is first
secured from the Construction Official as hereinafter set forth; provided,
however, that no permit shall be required for the following:
A. The moving of excess soil resulting from foundation
or cellar excavations or grading incidental thereto.
B. The moving of less than 100 cubic yards of soil upon
any lot on which there is an existing or proposed one- or two-family
dwelling.
[Amended 6-17-1993 by Ord. No. 635]
C. The moving of soil for gardening primarily for home
consumption or landscaping for aesthetic purposes.
D. The moving of soil for the agricultural use of lands.
E. The moving of soil which does not result in either
substantial changes in grade and/or elevation or does not significantly
alter drainage runoff patterns from said lot.
In acting upon applications for soil-moving
permits, the Construction Official shall take into consideration the
public health, safety and general welfare, with emphasis given to
the following factors:
A. Soil erosion by water and wind.
D. Lateral support, slope and grades of abutting streets
and lands.
F. Coordinated, adjusted and harmonious physical development
of the Borough.
If a permit to move soil is issued in accordance
with the provisions of this chapter, the operation conducted thereunder
shall be subject to the following conditions:
A. The person or persons receiving the permit shall properly
level off, remove debris and grade the premises to conform to the
contour lines established and approved within the time periods established
by the Construction Official. Said time periods shall in no event
extend 30 days beyond each soil moving.
B. Operations shall be conducted only between the hours
of 8:00 a.m. and 9:00 p.m., Monday through Saturday.
C. Soil-moving operations shall be restricted to street
routes established by the Construction Official.
D. All reasonable means shall be employed by the person
or persons conducting a soil-moving or grading or excavating operation
to prevent air pollution by large quantities of dust and dirt. Such
means may include spraying water or nonpolluting dampening agents
on the surface of the ground.
E. Unless authorized by the Borough Council, the person
or persons receiving the permit shall not remove from the premises
any topsoil. The topsoil shall be set aside and shall be respread
over the premises, in conformity with the contour lines approved by
the Construction Official.
F. Unless authorized by the Borough Council, the person
or persons receiving the permit shall not remove any soil to a destination
outside of the Borough of Oceanport.
G. Where applicable, all soil moving shall be done in
compliance with the requirements of the Monmouth County Soil Conservation
District in effect at the time the soil is to be moved.
The Construction Official may require the applicant
to post with the Borough a performance guaranty conditioned upon full
compliance with all the terms and conditions of approval. The amount
of the bond shall be in accordance with the recommendations of the
Borough Engineer, which amount shall be sufficient to ensure the faithful
performance of the work to be undertaken as approved. The form of
the bond shall be approved by the Borough Attorney. If a bond is not
obtainable, the Borough Council may waive the bonding requirement
and establish other requirements to secure compliance with the permit.
The Construction Official is hereby designated
as the officer whose duty it shall be to enforce the provisions of
this chapter. He shall, from time to time, upon his initiative, and
whenever directed by the Borough Council, inspect the premises for
which permits have been granted to ensure compliance with the terms
of the permit and of this chapter.
Any person violating any of the provisions of this chapter shall be subject to a penalty as set forth in Chapter
1, §
1-15, General penalty, in the discretion of the Judge before whom such conviction may be had. Each and every violation of this chapter, or each day that any provision of this chapter shall have been violated, shall be construed as a separate and distinct violation thereof.