A.
Upon application for a permit, pursuant to the provisions of this chapter, the applicant shall pay the fees specified in Chapter 88, Fees, and shall also deposit such sum as may be specified in Chapter 88, Fees, with the township to be applied toward the cost of inspections as provided herein. At the end of each year the applicant shall reimburse the township for any additional amount expended by it for such inspections, or if there is a surplus left in the account, the applicant shall be entitled to a credit or refund.
B.
The permittee shall, on or before December 31 of each
year during the continuance of the term of the permit, obtain an annual
operating license for each ensuing calendar year and shall pay to
the township, to cover the cost of the routine periodic spot field
checks and the annual review of the quarry operation, the following
fees or, where deemed appropriate, a maintenance bond or deposit in
an amount set by the Township Engineer:
(1)
Where the permit is for less than 2,000 cubic yards per year, the sum as set forth in Chapter 88, Fees.
(2)
Where the permit is for the removal of more than 2,000 cubic yards per year, the sum as set forth in Chapter 88, Fees.
(3)
In the event that the annual operating license fees
are not paid by January 31 of the license year for which the fee is
due, the Township Clerk shall notify the delinquent permittee that
no further quarry operation shall be conducted under the expired annual
operating license until the required fees are paid, and further, if
the required annual operating license fee is not paid by February
28 of the license year for which the fee is due, that said delinquency
is grounds for revocation of the permit, and that the permit will
be revoked without further notice to the permittee on account of nonpayment
of the required fees if said fees are not received on or before March
31 of the license year for which the operating license fee is due.
In addition to the fees specified in § 138-29, a permittee shall reimburse the township for any and all costs or expenses necessitated as a result of unforeseeable difficulties or exigencies or necessitated by or resulting from any violation of any provisions of this chapter, including specifically all engineering fees, attorneys fees and costs incurred by the township in prosecuting any complaint in the Municipal Court or in any other court of competent jurisdiction for violation of the provisions of this chapter or Code, as well as any costs or fees incurred by the township in conducting a hearing or hearings for revocation or suspension of any permit or obtaining injunctive or other relief in the Superior Court or any Appellate Court.
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 a form and with surety approved
by the Township Attorney in such amount as recommended by hearing
agency based on the opinion of the Township Engineer and shall be
sufficient to insure the faithful performance of the work to be undertaken,
such as but not limited to the following: removal of debris, construction
infrastructures, the respreading of arable soil, seeding, including
trees and other vegetation, etc., pursuant to the conditions of the
permit and the terms thereof.
The amount of any performance bond or guaranty
may be reduced by the governing body by resolution when portions of
the improvements or works have been completed, upon recommendation
of the Township Engineer.
When all required performance has been completed,
the obligor shall notify the Township Council, in writing, by certified
or registered mail of the completion thereof and shall send a copy
thereof to the Township Engineer. The Township Council shall authorize
the Township Engineer to inspect the site to determine that all requirements
of the approved plan have been met. The Township Engineer shall, thereupon,
file a report in writing with the Township Council 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 Council shall accept
or reject the work, grant partial approval, or withhold approval,
on the basis of such report and shall notify the obligor in writing
by certified mail or registered mail of the contents of the report
and the action of the Township Council 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 or her performance
guaranty bond except for that portion adequately sufficient to secure
the work not yet approved.[1]
After reasonable notice and an opportunity to
be heard before the Township Council, the permit of any person may
be revoked or suspended for such period as the Township Council may
determine for any violation of the terms hereof or the terms and conditions
of any approved plan and permit granted hereunder.
In addition to an action on the bond or guaranty or the revocation of license provided for herein, any person who violates this chapter, or any director or officer who permits or participates in a violation of this chapter or the conditions of the permit shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions.
