[HISTORY: Adopted by the Township Committee
of the Township of Hampton 3-29-2005 by Ord. No. 2005-6.[1] Amendments noted where applicable.]
A.
No excavation, relocation, or importation of soil
or rock shall be undertaken without first applying to the Zoning Officer
of the Township for a permit, and obtaining from said Officer a permit
in accordance with the requirements of this chapter. "Excavation,
relocation or importation" is defined as any act which soil, shale,
or rock is cut into, dug, quarried, uncovered, removed, displaced,
relocated or imported within the Township of Hampton. Excluded from
this requirement is any excavation made for the purpose of conducting
percolation tests or soil logs, any of which shall be a depth of less
than 10 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 permitted construction in order to obtain a valid certificate
of occupancy from the Township. Also excluded from this requirement
is the excavation associated with and incidental to the regrading
of a yard on an existing developed single lot for the purpose of making
yard improvements or installing drainage improvements or driveways
or other necessary improvements where the amount of said excavation
is 50 cubic yards or less.
B.
If the application is for the removal of vegetation
or the disturbance of soil in an area of over 5,000 square feet, no
excavation permit shall be issued unless and until a site plan approval
is obtained from the Hampton Township Planning Board as required by
Township ordinances. However, site plan approval is not required for
a detached single-family dwelling and its accessory buildings. No
excavation permit shall be issued until a soil erosion and sediment
control permit has been obtained in the event of the removal of vegetation
or disturbance of soil or importation of soil in an area of over 5,000
square feet.
[Amended 10-26-2021 by Ord. No. 2021-12]
A.
An applicant, prior to any excavation being made as
defined above, shall make an application to the Zoning Officer containing
information as to the following.
(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
or 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 that 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 of
$50, plus $10 for each additional hole.
D.
Upon all of the above requirements being met, the
Zoning Officer shall issue a permit for the excavation contained in
the application, which permit shall take effect on the date the excavation
is to be made and shall expire on a date nine months from the date
the permit is issued, unless the permit specifies a sooner expiration
date.
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 permit 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 vehicles 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.
All operations shall be conducted in strict
accordance with any federal, state or local law, ordinance or regulation
and the terms and conditions of any permit granted for the operations.
More specifically, but without limitation, the operator shall strictly
comply with the New Jersey Freshwater Wetlands Act[1] rules and regulations and the New Jersey Stormwater Management
laws, rules and regulations. No operation shall be permitted within
100 feet of any stream or wetland, unless it can be shown that no
federal or state regulation would be violated and that soil removal
would not alter the quantity or quality of the water, nor adversely
affect the rate of flow, and that the final finishing grade requires
soil removal within the one-hundred-foot distance. However, even if
any state or federal law, rule or regulation would permit the operation
or removal within 100 feet of a stream or wetland, the within restriction
applies.
[1]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
A.
It shall be the duty of the Zoning Officer to enforce
this chapter in accordance with the provisions of this chapter and
the Land Use Procedures Ordinance[1] of the Township of Hampton. Pursuant to that duty, he
shall investigate any violation or alleged violation of this chapter
coming to his attention. In the event an application has been previously
approved for a soil removal operation in accordance with this chapter,
and there is a deviation from the approved application, the Zoning
Officer may stop work by posting a stop-work notice on the site. The
Zoning Officer shall have the right to enter upon any premises during
the day time in the course of duty after proper notification to the
property owner or occupant of the property. The Zoning Officer may
sign complaints against anyone violating this chapter and prosecute
the matter in court.
B.
A zoning permit shall be issued by the Zoning Officer
prior to the excavation, removal, relocation or importation of soils
within Hampton Township.
A.
A violation of any provision of this chapter of the
Code of Hampton Township by any person, firm or corporation shall,
upon conviction for that violation, be punishable by one or more of
the following in the discretion of the Judge: a fine of not more than
$1,000, or imprisonment in the County Jail for a term not to exceed
90 days, or community service for a period not to exceed 90 days.
Each day that such violation shall be continued shall be deemed and
taken to be a separate and distinct offense and violation.
B.
In addition, the Township Committee may revoke any
license or permit granted under this chapter, or may suspend any license
or permit granted under this chapter, after reasonable opportunity
for the licensee or permittee to be heard, for any violation of the
provisions of this chapter. Said revocation or suspension may affect
the operation of the licensee's or permittee's business.
In the case of any violation of this chapter
or in the case of any excavation being conducted without the required
permit, the Township of Hampton, through the Zoning Officer, may institute
an action to enjoin or other appropriate action or proceeding in court
to prevent the violation of this chapter.
