[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-23-1988 by Ord. No. 618]
As used in this article, the following terms shall have the
meanings indicated:
Includes digging, excavating, bulldozing and removal of any
kind.
Includes soil, sand, gravel, clay, bog and mud.
Removal or disposition operations or a combination of both.
Any person, firm, partnership, association, corporation,
company, work organization or legal entity of any kind.
No person shall remove, dredge or excavate from or deposit in
the bed of any watercourse, stream, pond or lake any material without
obtaining from the Construction Code Official a written permit therefor.
Prior to the issuance of a permit, the application shall be reviewed
and approved by an appropriate writing by the Borough Engineer.
A permit may be issued upon the written verified application
of the person proposing to remove, dredge or excavate or to cause
the removal, dredging or excavation or proposing to deposit or to
cause the deposition of material in the bed of any watercourse, stream,
pond or lake. The application shall set forth the following:
A.
The name and address of the applicant and source of the applicant's
right to dredge or deposit (owner, lessee, licensee, etc.). In all
cases where the applicant is not the owner, the consent of the owner,
in writing, must be annexed to the application.
B.
The purpose of the proposed removal, dredging or excavation.
C.
The amount of material proposed to be removed, dredged or excavated.
D.
A description of the area from which removal, dredging or excavation
is proposed.
E.
The manner in which the material will be removed, dredged or excavated
or deposited. The application shall be accompanied by an application
fee in the amount of $500. The applicant shall deposit with the Borough
in escrow an amount recommended by the Borough Engineer, not to exceed
$2,000, to cover the cost of engineering inspections and approvals.
A.
All operations under permit issued pursuant to this article shall
be done in a manner that the removal, dredging, excavation and disposition
of material and the redepositing and storage thereof will not undermine,
weaken or deprive of support other lands in the vicinity or otherwise
adversely affect the watercourse, stream, pond or lake or substantially
change the course of any channel or natural movement or flow of waters
or cause or accelerate the drift of soil, shale, mud or bog nor adversely
affect wildlife or other natural resources.
B.
Any removal, dredging or excavating operation shall be commenced
and completed, including the redepositing of materials dredged or
excavated, within a period of 60 days. No dredge materials shall be
stored on the premises for a period in excess of 60 days.
C.
Upon completion of any removal, dredging or excavating operations,
including the redisposition of materials dredged or excavated, the
operation shall be subject to inspection and approval by the Borough
Engineer and the Construction Code Official, who shall issue a certificate
of final approval.
Any person violating any of the provisions of this article shall
be subject to a fine not exceeding $500 or imprisonment in the county
jail for a term not exceeding 90 days, in the discretion of the Judge
of the Municipal Court before whom such conviction shall be had. Each
and every violation and nonconformance with this article or each day
that any provision of this article shall have been violated shall
be construed as a separate and distinct violation thereof.
Any ordinance or the provisions of any ordinance inconsistent
with the provisions hereof are repealed to the extent of such inconsistency.
This article shall take effect immediately upon final passage
and publication as required by law.
