The power to regulate soil removal is included in the general
police power granted by N.J.S.A. 40:48-1, 2.
Any person, firm, association or corporation desiring to obtain a permit as required by § 20-1 shall make application for the permit on a form provided by the Building Inspector of the Borough. The application is to be submitted to the Building Inspector together with a fee and a map showing existing and proposed contours and elevations of the premises upon which the work is to be performed as well as the existing contours of all premises within a radius of 200 feet of the lot lines of the premises upon which the work is to be performed.
The application and map shall be referred by the Building Inspector
to the Borough Engineer. In arriving at a decision as to whether a
permit shall be granted, the Engineer shall be guided by considerations
of public health, safety and general welfare, and in particular, the
following factors:
a.
Erosion by water and wind.
b.
Drainage.
c.
Grades and elevations of adjoining streets and lands.
d.
Effect of the excavation and removal upon nearby lands, and values
and uses of other lands as affected by such work and land values and
uses of the lands to be excavated from which materials are to be removed.
e.
Lateral support of public streets, roads and highways and of adjoining
properties.
f.
Grades, elevations and depths to be excavated so that the lands after
excavation shall be generally level and no stagnant water will remain.
g.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
The Borough Engineer shall instruct the building inspector to
deny the permit under the following circumstances;
a.
The applicant proposes to remove any sand or sand dune which is located
east of Ocean Avenue.
b.
The proposed work shall endanger or damage any adjacent property
including public streets, sidewalks, alleys, or rights of way.
c.
The proposed work shall adversely affect existing drainage conditions
on any adjacent property including public streets, sidewalks, alleys
or rights of way.
d.
The proposed work shall substantially increase the natural flow of
surface or subterranean waters on any adjacent property including
public streets, sidewalks, alleys or rights of way.
e.
The proposed work will create any condition which is inimical to
public health, safety and welfare.
If, after examining the application and the map required to be filed, the Borough Engineer shall be of the opinion that the proposed work will not create any conditions for which a permit could be denied under § 20-4, he shall instruct the building inspector to issue a permit for the work. The Borough Engineer shall have the authority to impose such terms and conditions upon the issuance of the permit as may be necessary to carry out the intent and purpose of this chapter and to insure that no work is done which will create any of the conditions for which a permit could be denied under § 20-4.
Before any permit for excavation, removal, filling or grading
shall be granted, the owner of the premises or applicant shall file
with the Borough Engineer a bond in form and with surety acceptable
to the Borough Attorney in such amount as, in the opinion of the Borough
Engineer, shall be sufficient to indemnify the Borough from any failure
of the obligor in complying with the provisions of this chapter.
Notwithstanding anything to the contrary set forth in this chapter, a permit or bond shall not be required to be obtained for the excavation, removal, filling or grading of less than 200 cubic yards of sod or sand on any lot or record. However, though a permit or bond is not required for such work, it shall be performed in such a manner as not to create any condition for which a permit can be denied under § 20-4 as to work involving in excess of 200 cubic yards of sod or sand. It is the intention of this section merely to create an exemption of the permit and bond requirements of this chapter for the work herein specified but to require such work to otherwise be performed in accordance with the terms, conditions and criteria set forth in this chapter.
As soon as is practicable after March 5, 1974, the Borough Engineer
shall designate an area which can be utilized for the depositing and
storing of excess sod or sand. Any property owner within the Borough
who wants to dispose of any sod or sand at that site shall first obtain
written permission from the Building Inspector. The Borough Engineer
may authorize the use of any sod or sand so deposited either by the
Borough or any property owner of the Borough in such a manner as the
Borough Engineer, in his absolute discretion, shall deem appropriate.
It is the intention of this provision to create a municipal sod bank
so as to encourage the retention of sod and sand within the Borough
and to make such sod and sand available for reuse to the benefit of
the Borough and its property owners.
For every violation of the provisions of this chapter, the owner,
contractor or other person in interest who shall commit or assist
in the commission of a violation of the provisions of this chapter
shall, upon conviction, suffer and pay a penalty not exceeding $200
or suffer imprisonment in the Ocean County Jail for a period not exceeding
90 days or both. Each day the violation continues shall be deemed
a separate offense. The amount of such fine or the term of such imprisonment
shall be within the discretion of the magistrate before whom such
conviction is had.
