[HISTORY: Adopted by the Township Committee of the Township of Hampton 3-29-2005 by Ord. No. 2005-6.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 43.
Uniform construction codes — See Ch. 53.
Development and application fees — See Ch. 56.
Soil removal — See Ch. 87.
Streets and sidewalks — See Ch. 88.
Subdivision of land — See Ch. 91.
[1]
Editor's Note: This ordinance was originally adopted as Ch. 86, but was renumbered to maintain the alphabetical sequence of the Code.
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.
[1]
Editor's Note: See Ch. 15, Land Use Procedures.
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.