[Amended 3-16-1981 by Ord. No. 81-6; 6-25-1990 by Ord. No. 90-12]
Upon application for a permit pursuant to the provisions of this chapter, the applicant shall pay a fee to cover the costs of the initial review of the proposed soil removal operation, as well a review fee escrow, as set forth in Chapter
250, Fees and Escrows, Article
II.
[Amended 3-16-1981 by Ord. No. 81-6]
Upon the issuance of a soil removal permit, and on each anniversary date thereafter, the permittee of a soil removal permit shall pay an annual permit fee to be computed at the rate established in Chapter
250, Fees and Escrows, Article
II, multiplied by the number of cubic yards to be removed during a twelve-month period. The calculation of the number of cubic yards to be removed shall be determined as follows:
A. Initial fee, first year. For the initial year of operation, the calculation
of the number of cubic yards of soil to be removed in the initial
year shall be based upon the map filed with the application; and said
map shall contain a certification by a licensed engineer of the cubic
yards to be removed during the first year.
B. Permit fee, subsequent years. Each permittee shall file a semiannual progress report with the Township Engineer. These reports will be in addition to any reports required to be filed pursuant to §
483-19. These reports shall be certified by a licensed professional engineer and shall include a certification of the actual volume of soil removed during the preceding six months. The annual permit fee for any permittee, for each year after the first year, shall be calculated at the rate established in Chapter
250, Fees and Escrows, Article
II, multiplied by the number of cubic yards actually removed by the permittee in the 12 preceding months based on the semiannual reports certified to by the permittee's licensed professional engineer. This fee shall be paid annually on the anniversary date of the permit during the continuance of the term thereof.
C. Existing permittees. The permit fee for existing soil removal operators shall be computed at the rate established in Chapter
250, Fees and Escrows, Article
II, multiplied by the number of cubic yards actually removed by the permittee as reported in the permittee's last annual progress report submitted pursuant to §
483-19D. The permit fee shall be adjusted in accordance with the number of months remaining the expiration of the operator's permit. Thereafter, the permit fee shall be determined in accordance with Subsection
B above.
D. No initial permit shall be granted and no renewal permit will be
issued until all the fees provided for herein have first been paid.
Permit fees payable by existing permittees shall be payable no later
than the 60th day following the final adoption of this chapter.
E. The violation of the reporting provisions of this chapter shall be
cause for the revocation or suspension of any permit granted pursuant
to this chapter.
F. The failure to pay any permit fee provided for in this chapter shall
automatically revoke any permit granted pursuant to this chapter.
In addition to the fees authorized in §§
483-26 and
483-27, a permittee shall reimburse the Township for the cost of all extraordinary costs or expenses necessitated as the result of unforeseen difficulties or exigencies or as necessitated by or resulting from any violation of any provision of this chapter.
[Amended 11-17-1975 by Ord. No. 75-24]
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 security 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 security shall be in an amount of not less than $3,000 per acre of land which is actually being excavated and/or has not been restored pursuant to §
483-21 in accordance with the approved plan. The security shall consist of a minimum cash deposit equal to 1/3 of the total security required, such cash security deposit shall be deposited by the Mayor and Township Council in an interest-bearing trust account, the interest to accumulate for the benefit of the principal and to be payable to the principal annually upon request, with the balance of the security being in the form of a surety bond. Said security shall cover the respreading of topsoil for drainage of the site, and grading to final contour.
The obligor shall be responsible for all of the inspection fees of the Municipal Engineer incurred in making the inspections referred to in §
483-30.
[Amended 10-20-1980 by Ord. No. 80-13]
A. The municipality may issue a stop-work order if a project is not
being conducted in accordance with all applicable municipal, state
and county approvals and requirements.
B. After reasonable notice and an opportunity to be heard before the
Mayor and Township Council, the permit of any person may be revoked
or suspended for such period as the Mayor and Township Council may
determined 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 security 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 a fine not exceeding $300,
or imprisonment not exceeding 90 days, or both, in the discretion
of the Judge before whom such conviction is had. Each day that a violation
continues shall be considered a separate and distinct violation hereof.
[Added 11-17-1975 by Ord.
No. 75-24]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety,
and welfare of the citizens of the Township of Vernon, County of Sussex,
State of New Jersey. Any action taken by applicant under the terms
of this chapter shall give primary consideration to the above-mentioned
matters and to the welfare of the entire community. However, if any
agency can clearly demonstrate that, because of peculiar conditions
pertaining to his land, the literal enforcement of one or more of
these regulations is impracticable or will exact undue hardship, the
governing body may permit such variance or variances as may be reasonable
and within the general purpose and intent of the rules, regulations,
and standards established by this chapter.
[Added 6-1-1981 by Ord.
No. 81-13]
No soil permit shall be transferred or assigned except upon
application to the Mayor and Township Council. A transfer or assignment
of any permit shall be approved by the Mayor and Township Council
if the Mayor and Township Council finds:
A. That all fee and penalties, if applicable, which are owed to the
Township of Vernon under this chapter are paid in full prior to the
transfer or assignment.
B. That there are no existing violations pending against the permittee
for violations of this chapter or any term or condition of any permit
previously granted.
C. That the transferee or assignee complies with all the requirements
set forth in this chapter for the grant of an original permit.
[Added 12-11-2000 by Ord.
No. 00-30]
The provisions of this chapter, requiring an application for
a soil removal permit, shall not apply in such cases where the applicant
has received a preliminary or final site plan approval from either
the Planning Board or the Zoning Board of Adjustment and the proposed
soil removal being requested was considered as part of the site plan
application before the appropriate Board.