Application and permit fees shall be as specified in Chapter
88, Fees.
In addition to the permit fee specified in §
150-25 and the annual operating license fee specified in §
150-26, a permittee shall be obliged to reimburse the township for the cost of all extraordinary costs or expenses necessitated as a result of unforeseen difficulties or exigencies or necessitated by or resulting from any violation of any provision of this chapter, including specifically all engineering fees, attorney's fees and costs incurred by the township in prosecuting any complaint in the Municipal Court for violation of the provisions of this chapter and Code, or any costs of 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 form and with surety approved by the Township Attorney in such amount as in the opinion of the Township Engineer shall be sufficient to insure 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 of 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 Article
II 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
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 complied
with. 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 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.
The obligor shall be responsible for all of the inspection fees of the Township Engineer incurred in making the inspections referred to in §§
150-29 and
150-30.
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 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, of this Code.