[HISTORY: Adopted by the Township Committee of the Township of Mullica 12-4-1963. Amendments noted where applicable.]
No person, firm or corporation shall dig or excavate a sand or gravel pit of any kind, character or description within the Township of Mullica, below the grade of any street or streets upon which the lot or lots containing such pit or excavation abuts, without first obtaining the permission of the Township Committee and filing with the Township Clerk a bond conditioned as hereinafter provided.
The application for a permit shall be in writing and shall contain a description of the land, numbers of lots and blocks, the names of the streets or street upon which such lot or lots abut, the depth to be excavated below the street grade, the names and addresses of the owner or owners of the lands to be excavated and the name and address of the person, firm or corporation who will do the digging or excavating.
The Township Committee may grant said permit subject to the applicant filing with the Township Clerk a bond executed by the applicant and the owners of said land, as principals, and a satisfactory surety company, specifically conditioned that said applicant and/or owner of the land will refill the excavation so made, without cost to the Township, whenever said excavation shall, in the opinion of the Township Committee, constitute a nuisance.
Whenever the Township Committee shall declare any such excavation to be a nuisance, written notice shall be given to the applicant for the permit, the owner or owners of the property and the surety company, to abate said nuisance.
Should the owner or owners of said land fail to abate the nuisance within 30 days after notice, the Township shall abate said nuisance and the owner or owners, applicant for the permit and the surety company shall be liable for the costs thereof.
[Amended 7-10-1990 by Ord. No. 10-90]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall be subject to a fine of not more than $200 or imprisonment for not more than 90 days or not more than 30 days' community service, provided that the court shall have the power, in its discretion, to impose a sentence of both fine, community service and imprisonment not exceeding the maximum limits herein fixed. Each violation and/or each twenty-four-hour period after the expiration of the thirty-day period after notice shall constitute a separate offense.