No owner, agent, lessor, lessee, tenant or occupant of any lot,
grounds, street, road or alley in the Town of Newton shall deposit
thereon or permit the depositing thereon of any contaminated material,
or animal or vegetable substance or garbage or refuse or dirt gathered
in cleaning sewers, or waste of mills or factories, or any materials
which are offensive to health or tend to decay, to become putrid or
to render the atmosphere impure or unwholesome, or any other environmentally
inappropriate materials as determined by the New Jersey Department
of Environmental Protection.
Hours of operation shall be limited to the following: 7:00 a.m.
to 5:00 p.m., Mondays through Fridays and 8:00 a.m. to 12:00 p.m.
on Saturdays. There shall be no operations of any kind or character
on Sundays.
Unless otherwise exempt under the terms of this chapter, no
permit to deposit approved soil material upon or used to fill up or
raise the surface or level of any lot, grounds, street, road, or alley
in the Town of Newton shall be issued unless such fill operation is
performed in connection with:
B. Site plan or subdivision approval granted by the Newton Planning
Board.
Fees shall be paid when the application for a permit is made, as set forth in §
100-24O. A guarantee shall be paid to guarantee performance by the applicant of the terms and conditions of this chapter, such funds to be released upon inspection of the fill project and approval thereof by the Town Engineer, as having met the provisions of §§
241-6 and
241-8. The Town shall have a period of 90 days from receipt of the complete application within which to issue or deny the permit application.
Responsibility for obtaining a permit for approval to deposit
approved soil material is with the property owner.
Each permit issued under the terms of this chapter shall be
valid only for the location(s) described in the permit and shall be
valid for one year from the date of issuance, subject to renewal.
Any person, firm or corporation who or which shall violate any
provision of this chapter shall pay the required fees in connection
with the permit as outlined herein, plus all costs associated with
having the material tested, plus a cost of $5 for each and every cubic
yard of material that has been imported to the site, as determined
by the Town. Such person, firm or corporation shall also be liable
to a fine of not more than $2,000 or to imprisonment for a term not
to exceed 90 days, or both such fine and imprisonment, at the direction
of the Municipal Court. Every day in which such violation continues
after due notice has been served shall constitute a separate violation
or offense.