No person shall excavate or otherwise remove
soil, rock, sand or gravel for sale or for use other than on the premises,
in the Township of Holland, from which the soil, rock, sand or gravel
shall be taken, until a permit therefor has been issued and becomes
effective, in the manner provided in this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
PREMISES
A parcel or tract of land constituting a Tax Map lot of record
as shown on the Tax Map of the Township of Holland.
No permit shall be required for the excavation and removal of soil, rock, sand or gravel in connection with the construction or alteration of a building, structure, off-street loading or parking area, street, roadway or driveway and normal excavation or normal grading incident thereto, so long as such soil, rock, sand or gravel is redistributed and kept on the same premises or with respect to improvements approved as part of a subdivision under Chapter
100, Part
2, Development Regulations, of the Code of the Township of Holland upon a tract of which the premises is or was a part when such premises was created as a separate Tax Map lot of record pursuant to such approved subdivision.
Before any permit issued becomes effective,
the applicant may be required to file a performance bond with the
Township Clerk, in a form approved by the Township Attorney, and with
acceptable surety, in such amount as shall be deemed sufficient to
assure the faithful performance of the terms and conditions upon which
said permit has been issued and of the provisions of this chapter.
The Township Engineer shall determine the amount of said performance
bond, based on an estimate provided by the applicant's engineer, which
shall be an amount equal to 120% of this estimate (or this estimate
as revised by the Township Engineer, if necessary), and at least 10%
of the amount of such performance guaranty is to be posted in cash.
The Township Committee, Zoning Officer, Township
Engineer or the Township Committee's authorized representatives shall
inspect the premises governed by a permit issued under this chapter
monthly to determine whether there is compliance with all the terms
and conditions of said permit and this chapter and all other applicable
laws and ordinances.
After 10 days' notice to the holder of a permit
and an opportunity to be heard, the Township Committee may suspend
any permit issued under this chapter if it finds that a term or condition
of such permit, any provision of this chapter or any Township ordinance
or any applicable statute of the State of New Jersey is being violated
in such fashion as will be substantially detrimental to the health,
safety or welfare of the inhabitants of the Township.
[Amended 9-5-1989 by Ord.
No. 1989-9]
A. The governing body may prescribe penalties for the
violation of ordinances it may have authority to pass, either by imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days or
by a fine not exceeding $1,000, or both. The court before which any
person is convicted of violating this chapter shall have power to
impose any fine or term of imprisonment not exceeding the maximum
fixed in this chapter.
B. Any person convicted of the violation of this chapter
may, in the discretion of the court by which he was convicted, and
in default of the payment of any fine imposed therefor, be imprisoned
in the county jail or place of detention provided by the municipality
for any term not exceeding 90 days.
Nothing in this chapter shall be deemed or taken to permit quarrying, mining or other use of land, building or structure which is not permitted by applicable provisions of Chapter
100, Part
1, Zoning.