Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Byram 4-21-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Soil removal — See Ch. 208.
Street excavations — See Ch. 213.
[Amended 12-30-1976; 11-19-1990 by Ord. No. 14-1990; 3-16-1998 by Ord. No. 4-1998]
No excavation, which shall be defined as any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated, within the Township of Byram shall be undertaken without first applying to the Construction Official of the Township for a permit and obtaining from said officer a permit in accordance with the requirements of this chapter. Excluded from this requirement will be any excavation made for the purpose of conducting percolation tests or soil logs; any which shall be a depth of less than five feet from the existing ground grade prior to the excavation; and any excavation which is being made pursuant to the activities permitted under a lawfully issued construction permit, soil removal permit or individual sewage disposal permit. The exemption allowed for excavation under a construction permit shall be all excavations necessary for construction (and to obtain a valid certificate of occupancy from the Township).
A. 
An applicant, prior to any excavation being made as defined above, shall make an application to the Construction Official containing information as to the following.
[Amended 12-30-1976]
(1) 
The name and address of the owner of the property upon which the excavation is to be made.
(2) 
The name and address of the applicant if different from the owner.
(3) 
The location upon the property of the proposed excavation, either by submission of a plan or detailed description; the depth of the excavation; the purpose of the excavation; and the length of time that said excavation shall remain open and unfilled.
(4) 
The provisions for covering said excavation for periods of time that the excavation shall be unattended, which means of covering shall meet the requirements as stated hereinafter.
B. 
In the event that the applicant for the excavation is a different person or entity than the owner, there shall be attached to the application a letter from the owner or owners granting permission to the applicant to make the excavation for which the permit is sought.
C. 
Each application shall be accompanied by a fee as set forth in Chapter A287, Fees.
[Amended 11-19-1990 by Ord. No. 14-1990; 3-16-1998 by Ord. No. 4-1998; 2-4-2008 by Ord. No. 2-2008]
D. 
Upon all of the above requirements being met, the Construction Official shall issue a permit for the excavation contained in the application, which permit shall take effect on the date that the excavation is to be made and shall expire on the date that is contained in the application for the filling of the excavation.
[Amended 12-30-1976]
All excavations made pursuant to this chapter, whenever the same are unattended, shall be securely covered with material having a live-load capacity of at least 20 pounds per square foot. All excavations shall be filled to grade level by 6:00 p.m. prevailing time on the date which is stated in the application as to when the excavation was to be filled, except that excavated test holes for percolation tests shall be filled immediately upon inspection and/or approval by the Department of Health or the designated health official.
No vehicle or machine such as a bulldozer, front-end loader or other like unit with metal track shall be allowed to cross or move on any paved portion of a Township street or highway unless the road surface is properly planked.
[Amended 12-30-1976; 11-19-1990 by Ord. No. 14-1990]
Any person, firm or corporation violating any provision of this chapter or any order of the Township Construction Official issued pursuant to the provisions of this chapter shall be punished as provided in § 1-15 of Chapter 1, General Provisions. Each day that an excavation remains open in violation of the terms of this chapter shall be considered a separate and distinct offense.