[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:
APPLICANT
A person, partnership, corporation or public agency requesting permission to engage in land disturbance activity.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality.
PERMIT
A certificate issued by the Township Engineer to perform work in accord with this article.
SITE
Any plot, parcel or parcels of land.
SOIL
All unconsolidated mineral and organic material of any origin.
STRIPPING
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.
B. 
In addition, 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 liable, upon conviction of such punishable offense, to the penalty stated in Chapter 1, Article II, General Penalty.