No person shall perform any earthwork, including the excavation of soil
or rock on a site or the placement of fill of any kind on any lot within the
Township of Pohatcong without first having obtained a permit from the Township
Zoning Officer.
The following activities are not required to obtain a permit under this
chapter:
A. Excavation or filling of an area of less than 5,000 square
feet.
B. Excavation or filling in connection with the construction
or alteration of a single-family residential dwelling.
C. Excavation or filling in conjunction with a subdivision
or site plan which has been approved by the Pohatcong Township Planning Board
or Board of Adjustment.
D. Excavation or filling upon lands enrolled in the Soil
Conservation Program of the Northeastern New Jersey Soil Conservation District
of the United States Department of Agriculture Soil Conservation Service and
for which lands an "Approved Farm Plan" has been established by said agency,
provided that all soil moving operations in and upon such lands are performed
in accordance with said "Approved Farm Plan."
E. Quarrying operations which are legally licensed in accordance with the provisions of Chapter
213, Quarrying, of the Pohatcong Township Code.
The matter of reviewing and considering all applications for excavation
permits is hereby referred to the Planning Board of the Township of Pohatcong.
The Zoning Officer of said Township shall issue no excavation permit until
the Planning Board approves the same and submits to the Zoning Officer its
report and recommendation.
Upon the filing of an application, the applicant shall pay an application fee and a professional review escrow deposit in accordance with Chapter
45, Land Use Procedures.
The Planning Board shall, within a reasonable time after receipt of
the application, fix a date for hearing of same and shall give the applicant,
by registered mail, notice of the time and place of said hearing. The applicant
shall, at least 10 days prior to the date appointed for such hearing, serve
another notice, either in person or by certified mail, return receipt requested,
upon such persons as are shown by the assessment rolls of the Township of
Pohatcong to be the owners of property within 200 feet of the property in
question. The applicant shall, at the hearing, present proof, in affidavit
form, of the service of said notices.
The Planning Board shall review and consider the application and shall
render its report and recommendation to the Zoning Officer, who shall grant
or refuse the permit in accordance with the recommendation. Such report and
recommendation shall be made within 60 days after the receipt of the application.
In the event of refusal, the applicant may, not later than 30 days after
the receipt by him of such refusal, appeal to the Township Council. The Township
Council may, by a majority vote of its entire membership, sustain or overrule
the Planning Board's recommendation.
The excavation permit shall be dated as of the date it is actually issued
and shall expire in one year.
No person to whom an excavation permit shall be issued shall:
A. Conduct or maintain any sand, gravel or similar kind of pit, any sand or gravel washing or screening machinery or equipment or any quarry or similar business or industry not permitted in the district in which the premises are located and classified by Chapter
285, Zoning, of Pohatcong Township.
B. Conduct or maintain any excavation or soil moving operations
without having first made adequate provisions, by means of road oil or otherwise,
for the control of dust incidental to the use of vehicles, machinery and equipment
on the lands described in the permit.
C. Neglect to dispose of, on or before the completion date
stated in the application, any partially or wholly excavated boulders or other
debris resulting from the soil moving operations, by burial or removal from
the premises.
D. Conduct any excavation or filling operations beyond the
expiration date of the permit.
No permit shall be issued unless the applicant shall file and maintain
a bond during the time required for the excavation of the materials described
in the application, which bond shall be approved as to form and surety by
the Township Attorney and in such amount as in the opinion of the Township
Engineer shall be sufficient to ensure the faithful performance of the work
and matters required of the applicant pursuant to the provisions of this chapter.
For the purpose of administering and enforcing this chapter, any duly
authorized officers, agents or employees of the Township of Pohatcong shall
have the right to enter into, upon and over any lands in and upon which the
above designated excavation operations are being conducted, to examine and
inspect same.
Any person who shall violate this chapter shall, upon conviction thereof,
pay a fine not exceeding $500 or be imprisoned in the county jail for a term
not exceeding 90 days, or both, for each offense, in the discretion of the
court. Each day that a violation shall continue shall constitute a separate
offense.