The purpose of this chapter is to protect the health and safety
of residents of the Township of Berlin from hazards arising from the
use of land for dumps and dumping and to prevent the destruction or
loss of value to property which may be caused by changes in the natural
flow of surface waters when low property is filled in.
As used in this chapter, the following terms shall have the
meanings indicated:
CLEAN FILL
Any noncombustible or nonorganically decomposable material.
To ensure that any land which is to be used for dumping of fill
does not extend above grade, the person, firm, corporation or organization
must, at the time any permit is issued, post a bond in the amount
of $1,000 or a certified check in the amount of $100. Said bond or
any moneys deposited shall be released only when the Township Engineer
certifies that the filling operation as completed complies with good
construction practices and the change in grade is not harmful to other
properties.
The Building Inspector shall be charged with the enforcement
of the provisions of this chapter and shall make inspections to ensure
compliance with the provisions of this chapter.
The present use of any land in violation of this chapter shall
cease three months from the effective date of this chapter.
This chapter shall not apply to municipal or other governmental
projects approved by the Township of Berlin and to those individuals
or corporations holding valid building permits requiring fill.
[Amended 7-24-2006 by Ord. No. 2006-10]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $2,500 or by imprisonment in the county jail
for a term not to exceed 90 days, or both, in the discretion of the
court. The continuation of such violation for each successive day
shall constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as
provided above for each separate offense.