[Adopted 12-31-2001 by Ord. No. 2001-37 as
§ 17-3 of the 2001 Code]
The purpose of this article is to control the
disturbance of land and related changes in grades and elevations by
requiring adequate provisions for surface water retention and drainage
in order to promote the safety, public health, convenience and general
welfare of the community.
As used in this article, the following terms
shall have the meanings indicated:
A person, partnership, corporation or public agency requesting
permission to engage in land disturbance activity.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the municipality.
A certificate issued by the Township Engineer to perform
work in accord with this article.
Any plot, parcel or parcels of land.
All unconsolidated mineral and organic material of any origin.
Any activity which significantly disturbs vegetated or otherwise
stabilized oil surface, including clearing and grubbing operations.
[Amended 2-12-2009 by Ord. No. 2009-10]
No land or land area shall be disturbed by any
person, partnership, corporation, municipal corporation or other public
agency within this municipality unless prior thereto the applicant
has obtained a valid building permit issued by the Township Engineer
in accordance with the requirements of this article.
A valid building permit shall be obtained by
the filing, in triplicate, of an application which shall be accompanied
by three copies of a plot plan for the premises, which plot plan shall
contain:
A.
The location and description of all existing natural
and man-made features in the site, including general topography, existing
drainage and water flow, proposed drainage and water flow and soil
characteristics and a copy of the soil conservation soil survey.
B.
The location and description of proposed land disturbances,
specifying all changes contemplated.
[Amended 2-12-2009 by Ord. No. 2009-10]
Upon receipt of the application and plans as
required hereunder, the Township Engineer shall review the application
and determine whether to issue or deny the permit, which may be with
or without conditions.
The following principles shall apply to the
plan:
A.
Stripping of vegetation, grading or other soil disturbance
shall be done in a manner which will minimize soil erosion.
B.
Whenever feasible, natural vegetation shall be retained
and protected.
C.
Drainage provisions shall accommodate increased runoff,
resulting from modified soil and surface conditions, during and after
development or disturbance.
D.
Water runoff shall be minimized and retained on site
whenever possible to facilitate groundwater recharge.
E.
Land disturbance shall be done in a manner that shall
not cause a change in slope which would result in the slope exceeding
10%.
Each application shall be accompanied by a fee in the amount set forth in Chapter 109, Fees. However, any application hereunder which is made in conjunction with an application for a building permit for new construction shall not require the payment of any fee in addition to that fee paid for the construction permit.
[Amended 2-12-2009 by Ord. No. 2009-10]
The requirements of this article shall be enforced by the Township Engineer, who shall also inspect or require adequate inspection of the work. If the Township Engineer finds existing conditions not as stated in the applicant's plan, he/she may refuse to approve further work and may seek other penalties as provided in § 216-19.
Appeals from decisions under this article may
be made to the governing body in writing within 10 days from the date
of such decision. The appellant shall be entitled to a hearing before
the governing body within 30 day from the date of appeal.
A.
Any person who violates any of the provisions of this
article or fails to comply or adhere to the building permit granted
hereunder shall be subject to an action filed in the Superior Court
for injunctive relief and/or damages for the restoration or correction
of the violation or violations.
