[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 2-15-2005 by Ord. No. 896. Amendments noted where
applicable.]
A.
No person shall import soil to a site within the Borough of Ho-Ho-Kus
in quantities of 50 cubic yards or more without first having procured
a permit therefor by the filing of an application for such soil importation
with the Borough Clerk. The application shall be accompanied by a
minimum fee of $100, plus $0.25 for every cubic yard in excess of
100 cubic yards, and a plan with information as set forth in the application.
B.
The application shall disclose the address and location from which
the soil is to be obtained, the owner or representative of the owner
of the premises from which the soil is to be obtained and the kind
and quality of soil to be imported.
C.
The Borough Engineer shall review all such applications and, if in
the opinion of said Engineer, professional review of the application,
including physical examination or testing of soil, is required, the
Engineer shall forward all pertinent materials to a soil consultant
or environmental consultant for review and for a certified testing
soil laboratory report which shall be delivered to the Borough Council
within 30 days from the date of a completed application. The report
of the consultant shall be accompanied by an invoice for the service
performed. The applicant shall establish an escrow fund in the Borough
Clerk's office to satisfy the cost of testing and professional
review upon an estimate of the cost involved by the Borough Engineer.
D.
If during the course of soil importation, the Borough Engineer shall
determine that a physical examination of the material involved is
required for the protection of public health and safety, the Borough
may retain a soil consultant to examine the fill material at the sole
expense of the applicant, who shall establish an escrow account to
cover the cost as approved. If the results of such examination indicate
the presence of material which is harmful, dangerous, toxic or hazardous
to the public, all soil importation activities shall cease, and the
soil in question shall be removed in accordance with directions of
the Borough Engineer.
Before any permit shall be issued, the owner or applicant shall
file with the Mayor and Council a surety bond or cash performance
guaranty in an amount reasonably determined by the Borough Engineer,
but in an amount not less than $2,500, to secure proper performance
of the work undertaken in compliance with all ordinances and regulations
of the Borough and directives of the Borough Engineer.
In addition to the surety bond or cash performance guaranty
required by the provisions of this chapter, the owner or applicant
shall deposit with the Clerk of the Borough of Ho-Ho-Kus at the time
of application an amount reasonably estimated by the Borough Engineer
to be required for engineering review of the plan and work involved
in an amount of at least $100. If, prior to completion of the permit
requirements, the escrow account should be depleted, the applicant
shall replenish the deposit with additional funds reasonably estimated
to bring the project to completion. Upon release of the performance
bond, cash performance guaranty and payment of any outstanding engineering
fees, any balance shall be returned to the applicant upon request,
in writing, to the governing body.
To preserve the health, safety and welfare of the citizens of
the Borough of Ho-Ho-Kus, all of the work described in the within
chapter shall only be performed within the hours of 8:00 a.m. and
6:00 p.m. of any working day.
Any person, firm or corporation violating any of the provisions
of this chapter shall be subject to a fine not exceeding $200 or imprisonment
in the county jail for a term not exceeding 90 days, in the discretion
of the Judge before whom such conviction shall be had. Each and every
violation and nonconformance of this chapter or each day that any
provision of this chapter shall have been violated shall be construed
a separate and distinct violation thereof.
This chapter shall take effect immediately after passage and
publication as required by law.
