As used in this ordinance, the following terms shall have the
meanings indicated:
An individual, partnership or corporate entity who applies
for a soil removal permit in the Township of Barnegat. The "applicant"
will, if a soil removal permit is issued, be solely responsible for
the terms and conditions of the permit and the applicable bonding,
standards and requirements of this ordinance.
Any person who directly or through an independent contractor
engages or intends to engage in land subdivision or development or
in the construction of two (2) or more dwelling houses, businesses
or industrial buildings in any subdivision for the purpose of sale
to or occupancy by another person. If the development of any subdivision
or site plan requires removal of excess material from the site in
excess of five thousand (5,000) cubic yards, a soil removal permit
will be required. Movement, cut, fill, excavation and placement of
soil materials on or within a site for subdivision or site plan shall
not require a soil removal permit.
[Amended 7-2-79 by Ord. No. 1979-17]
Any person engaged in the moving, removal or excavation of
soil or topsoil from, in or upon any land in the township. The "excavator"
may be an independent contractor or firm engaged by the applicant.
However, he shall be governed by all terms and conditions of the permit
and all standards and requirements of this ordinance. All correspondence,
enforcement, bonding and control of the soil removal permit will be
with and under the control and responsibility of the applicant.
To dig, excavate, remove; to deposit; to place and to fill;
to grade, regrade, level or otherwise alter or change the location
or contour; to transport and to supply earthen material or soil from
one parcel or premises to another. On-site or on-premises excavation,
depositing, placing, filling, grading and regrading do not require
a soil removal permit. However, all standards relative to erosion
and sediment control, dust, siltation, vegetative cover and the like
shall apply.
Any person seized in fee simple of any land or having such
other interest or estate as will permit the exercise of effective
possession. dominion or control. Only the owner may apply for a soil
removal permit, and a permit, if issued, will only be issued to the
owner.
One (1) or more contiguous parcels of land in single ownership
or control. Parcels shall not be deemed to be contiguous if separated
by a road, railroad, right-of-way, brook, stream or other natural
division.
Any earth, sand, gravel, clay, loam gravel, humus, rock or
dirt. irrespective of the presence or absence of organic matter.
Soil which is capable of sustaining vegetation.
[Amended 7-2-79 by Ord. No. 1979-17; 4-7-80 by Ord. No. 1980-9]
