[HISTORY: Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land subdivision and site plan review — See Ch. 32B.
Street openings and excavations — See Ch. 58, Art. II.
Soil movement — See Ch. 63.
Soil importation — See Ch. 63A.
[Adopted 2-23-1988 by Ord. No. 618]
As used in this article, the following terms shall have the meanings indicated:
DREDGE
Includes digging, excavating, bulldozing and removal of any kind.
MATERIAL
Includes soil, sand, gravel, clay, bog and mud.
OPERATION
Removal or disposition operations or a combination of both.
PERSON
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.