As used in this chapter, the following terms
shall have the meanings indicated:
DEVELOPER
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in
the construction of dwelling units, business or industrial buildings
and facilities related thereto, or any land subdivision for the purpose
of sale or occupancy by any person or persons.
ESTABLISHED GRADE
The contour of the land as it exists prior to the proposed
excavation or operation.
EXCAVATE or MOVE
To dig, remove, move, deposit, fill, grade, regrade, level
the soil or otherwise alter or change the contour of land or to transport
soil to or from such an operation. This shall not be construed to
include plowing, spading, cultivating, harrowing or disking of soil
or any other operation usually and ordinarily associated with tilling
of the soil for agricultural or horticultural purposes.
EXCAVATOR
Any person who shall excavate, move, deposit or remove soil
as these terms are defined herein or in the public usage.
LOT or LAND
Any parcel of land or portion thereof, the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the offices of officials of the City of Northfield or
in the office of the County Clerk of the County of Atlantic.
OWNER
Any person seized in fee simple of any lot or having such
other interest or estate therein as will permit exercise of possession
thereof or dominion thereover.
PERSON
Any individual, firm, association, partnership or corporation
or any group of two or more of them or anyone acting in behalf of
said person.
SOIL
Subsoil and topsoil.
SUBSOIL
Includes all soil usually found lying beneath the top layer
of soil, be it sand, silt, gravel, clay, aggregate or a combination
of two or more of the foregoing.
TOPSOIL
Soil which, in its natural state, constitutes the top eight-inch
layer of earth and has the ability to support vegetation.
WOODED AREAS
Areas containing numerous trees having attained a diameter
of four inches at a height of four feet from the ground as determined
by the Municipal Engineer.
The penalty for violation of any provision of this chapter shall be as set forth in Chapter
1, General Provisions, §
1-15. Such fines or penalties shall be collected as like fines are now collected by law. In addition to the foregoing, a permit shall be revoked upon the date of filing of complaint by the municipality. Nothing herein shall be construed to prevent the municipality from securing injunctive relief to restrain soil removal as described herein.
Nothing in this chapter shall be deemed to modify or repeal any of the provisions of Chapter
215, Land Use and Development, of the Code of the City of Northfield.