As used in this article, the following terms
shall have the meanings indicated:
DISTURB
To dig, move, excavate, remove, deposit, fill, grade, replace,
level or otherwise alter or change the location or contour of the
land or transport or supply soil.
OCCUPANT
A person having actual possession of any premises or any
part thereof.
OWNER
A person or entity who or which, alone or jointly with others,
has legal or equitable title to premises with or without accompanying
actual possession, including an executor, administrator, trustee or
guardian of an estate or a mortgagee in possession.
PERSON
Includes corporation, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence of organic matter.
No person, as defined herein, shall disturb
or cause to be disturbed soil or otherwise engage in such action which
would result or may result in the alteration of the topography or
contour of any land within the Town of Dover without having secured
a permit therefor pursuant to the provisions of this article, unless
specifically excepted by the provisions of this article. Major soil
disturbance permits shall be reviewed for approval by the Planning
Board and shall require a public hearing with notice to all property
owners within 200 feet of the property for which the permit is being
sought.
No permit shall be required under the following
conditions:
A. This article shall not apply to the disturbance of
soil on the premises during ordinary spading, cultivating or operation
ordinarily associated with the tilling of the soil for agricultural
or horticultural purposes.
B. This article does not apply to the disturbance of
500 square feet of soil or less, provided that the total volume of
soil disturbed does not exceed 50 cubic yards, and provided that said
disturbance does not create or cause one of the conditions as set
forth in "Consideration of application," Subsection A(1) through (10)
below, and further provided that said soil disturbance does not alter
the original grade by more than six inches at any point.
C. This article shall not apply to a soil disturbance
incidental to work approved by a site plan or subdivision granted
by the Planning Board or the Board of Adjustment of the Town of Dover.
D. This article shall not apply to the disturbance, removal
or regrading of soil on the premises incidental to construction which
is part of any construction permit issued by the Construction Official
of the Town of Dover, provided that the grade is not altered in a
fashion that will change the direction or velocity of stormwater runoff.
E. This article shall not apply to the temporary disturbance
of the natural ground surface during the course of excavation arising
from the installation of underground conduits within the premises,
provided the ground surface is returned to its original grade after
backfilling.
Fees shall be in accordance with Article
IX, Fees and Escrows, of Chapter
236, Land Use and Development, of the Code of the Town of Dover.
Any owner of property upon which a soil disturbance
has occurred or for which no permit was issued pursuant to the provisions
of this article shall have responsibilities described in this article
and shall be subject to a violation of this article.
The administration, enforcement, violations and penalties associated with the provisions of this article shall be in accordance with Article
X, Administration and Enforcement, of Chapter
236, Land Use and Development, of the Code of the Town of Dover.