Township of Logan, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Logan 9-15-1992 by Ord. No. 16-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Street openings and excavations — See Ch. 134.

§ 132-1 Purpose.

The purpose of this chapter is to protect the health, safety and welfare of persons and property within Logan Township by requiring licensing which seeks to ensure the proper operation and closure of all soil or earth removal activities within the township.

§ 132-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PERSON
The legal or beneficial owner or owners of a lot or any land proposed to be included in a soil or earth removal operation, including the holder of an option or contract to purchase, or other person with an enforceable proprietary interest in such land.
SOIL and EARTH
Whether used separately or together, include both surface (or top) soil and subsoil, and shall include dirt, stone, gravel, sand, humus, clay, loam, rock, limenite and mixtures of any of these.

§ 132-3 License; requirements.

A. 
License required. No person shall excavate or otherwise remove soil or earth for sale, or for use other than on the premises from which the soil or earth shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, without first obtaining a license from the Township Council.
B. 
Annual renewal required. A license obtained pursuant to this chapter shall expire on November 15 of the following year. A person holding an expiring license who intends to continue operations past the date of expiration must complete a renewal application in a timely manner so as to ensure that no lapse occurs. Each day of such a lapse may incur penalties pursuant to § 132-21.
C. 
New operations. Any person(s) seeking to initiate new soil or earth removal operation, to be established after the effective date of the ordinance codified in this chapter within an area of the township permitted by the then current zoning laws, must first secure a license pursuant to the provisions of this chapter before beginning operations.
D. 
Preexisting operations. Any person(s) conducting a soil or earth removal operation already lawfully in operation prior to the effective date of the ordinance codified in this chapter may continue such operation, subject to the following conditions:
(1) 
The limits of any excavation for any preexisting operation shall end at least 200 feet from any property line. Preexisting excavations less than 200 feet from any property line shall not be extended farther unless approved by Council in accordance with this chapter.
(2) 
Such person(s) must submit a complete initial application for a license pursuant to 132-4C.

§ 132-4 License; application.

A. 
Application form. Applications for a license to remove soil or earth shall be filed with the Township Clerk on forms supplied by the township in accordance with the procedures hereinafter set forth. The Clerk shall forward the application to the Township Engineer. The Township Engineer shall determine the completeness of the application. Failure to submit a complete application shall not extend the deadline for submission of an application required by this chapter.
B. 
New operation prohibited until licensed. Persons seeking a license for a new soil or earth removal operation not in existence on the effective date of the ordinance codified in this chapter shall not commence such operation until a license has been issued in accordance with this chapter.
C. 
Preexisting operations temporarily permitted. Person(s) conducting soil or earth removal operations on the effective date of the ordinance codified in this chapter shall submit initial complete applications on or before 90 days from the effective date of this chapter in accordance with the procedures hereinafter set forth. The Township Council, for good cause shown by the applicant, may grant one and only one forty-five-day extension to this deadline. Preexisting operations may continue except as proscribed by this chapter.
D. 
Processing deadlines, general. Within 45 days of the date of submission of a complete application, the Township Engineer shall review the application in accordance with the procedures established in this chapter and submit his findings to the Township Council upon completion of this 45 day review period. Council shall then decide whether to issue the license on or before the second regular Council meeting after submission of the findings by the Township Engineer.

§ 132-5 License; fee; expiration date of license.

A. 
License fee. The annual license fee shall be $100 per acre of land to be excavated that year, to be paid upon submission of the initial application and any annual renewal application.
B. 
Expiration date of license. The license shall expire on November 15 of each year, there being no pro rata reduction on applications being made during the year. However, any application approved prior to November 15, 1992, shall not expire until November 15, 1993.

§ 132-6 Application requirements.

The Logan Township Council shall not consider any application for a license for the removal of soil or earth from the premises for sale or otherwise unless and until the applicant shall first deposit with the Township Clerk initial escrow moneys in the amount of $5,000 for engineering, legal and other costs generated by an application and file with the Township Clerk an application requesting such license. A minimum escrow balance of $1,500 shall be maintained. The application shall include the following information and shall be accompanied by a map or maps which indicate the following:
A. 
Certification that current taxes have been paid for the premises.
B. 
The boundary lines of the whole tract of land within which the proposed soil or earth removal will take place.
C. 
The limits and boundaries of the proposed work area, showing the location of markers or monuments set on or in the ground to define said limits.
D. 
A USGS quadrangle map showing the dimensions of the property and an area of at least 1,000 feet beyond such boundary in all directions.
E. 
The lot and block numbers of the subject parcel and all adjoining land as shown on the Official Tax Map and an identification of the owners thereof.
F. 
The existence of a permanently established bench mark or marks approved by the Township Engineer, for which there has been established vertical and horizontal control based on the New Jersey plane coordinate system and National Geodetic Vertical Datum.
G. 
The existing contour lines and grades and proposed contour lines and finished grades for the entire proposed work area; contour lines should normally be at one foot intervals.
H. 
The location of all existing and proposed streets and rights-of-way, excluding those included within the area to be mined.
I. 
The location of all points of ingress and egress to the tract of land.
J. 
The location of all streams, wetlands, and significant vegetation, forest associations and wildlife habitats.
K. 
A soils map.
L. 
A reclamation plan which includes:
(1) 
Method of stockpiling topsoil and overburden.
(2) 
Proposed grading and final elevations.
(3) 
Topsoil material application and preparation.
(4) 
Type, quantity and age of vegetation to be used.
(5) 
Fertilizer application including method and rates.
(6) 
Planting method and schedules.
(7) 
Maintenance requirements schedule.
M. 
Provision for the control of stormwater runoff from the work area; the applicant should give consideration to the need for detention and/or retention and/or sedimentation basins so as to minimize possible adverse conditions resulting from uncontrolled runoff and sedimentation.
N. 
An erosion and sediment control plan that has been approved by the Gloucester County Soil Conservation Service.
O. 
Description and details of proposed rehabilitation, stabilization and reforestation of the proposed work area.
P. 
The intended use of the work area subsequent to completion of the excavation.
Q. 
An agreement that the applicant agrees to save the township, its officers, employees and agents harmless from any and all costs, by reason of any work performed under said permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant whether the same is otherwise expressed or not.
R. 
Description and details of proposed safety measures to be taken during operations to eliminate unsafe and hazardous conditions, extensive erosion and ponding of water.
S. 
The location of all existing structures, buildings and/or dwellings within 300 feet of the property fine; proof of receipt of written notification of the application by each of the landowners and/or occupants within 300 feet shall be attached to the application.
T. 
A study showing the effect, if any, that the proposed work will have on the elevation, movement, quantity or quality of groundwater and/or surface water within the township, or affecting adjacent property owners.
U. 
Written consent of the owner of the premises containing the proposed work area, if the owner is other than the applicant.
V. 
The appropriate fees required by this chapter.
W. 
An environmental impact statement, in triplicate, signed and sealed by a New Jersey licensed engineer or a New Jersey licensed professional planner, which shall include at a minimum all considerations and elements contained in the then current Logan Township soil extraction environmental impact statement requirements form issued by the Township Engineer.

§ 132-7 Factors considered in granting license.

A. 
Factors to be considered. The Township Council in considering and reviewing the application and in arriving at its decision shall be guided by and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
(1) 
Soil erosion by water and wind.
(2) 
Drainage.
(3) 
Soil fertility.
(4) 
Lateral support slopes and grades of abutting streets and ramps.
(5) 
Land values and uses.
(6) 
Zoning classification and the zoning plan.
(7) 
Impact on quality of groundwater and/or surface water.
(8) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the township.
B. 
Granting of license. If, after examining the application and the map or maps required by § 132-6, the Township Council shall be of the opinion that the proposed soil or earth removal will not create conditions inimical to the public health, welfare and safety, and shall not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems, lowered ground water or other conditions of danger, a license to remove the soil shall be issued. The Township Council may impose additional conditions as it may see fit to insure that the purposes of this chapter shall be satisfied.

§ 132-8 Extraction standards.

An application shall be approved only if the applicant can demonstrate that the proposed operation:
A. 
Is designed so that no area of excavation, sedimentation pond, storage area, equipment or machinery or other structure or facility is closer than 200 feet to any property line, unless the applicant demonstrates that a distance between 100 and 200 feet shall not result in adverse off-site environmental impacts.
B. 
Is to be located on a parcel of land of at least 20 acres.
C. 
Provides that all topsoil that is necessary for restoration will be stored on the site but not within 200 feet of any property line unless the area proposed for storage is unforested and shall be restored; and that the topsoil will be protected from wind and water erosion.
D. 
Is fenced or blocked so as to prevent unauthorized entry into the operation through access roads.
E. 
Provides ingress and egress to the operation from public roads by way of washed gravel driveways to minimize sediment transport onto public roads.
F. 
Is designed so that surface runoff shall be maintained on the parcel in a manner that shall provide for on-site recharge to ground water.
G. 
Will not involve excavation below the seasonal high water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the area in which the site is located; provided that in no case shall excavation have a depth exceeding 40 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 40 feet shall result in no significant adverse impact relative to the proposed final use or to off-site areas.
H. 
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each twenty-acre unit of the parcel proposed for extraction shall be worked.
I. 
Will involve restoration of disturbed areas at the completion of the operation in accordance with § 132-20, and the implementation of the restoration plan is secured by a performance guaranty.
J. 
Will not involve unreclaimed clearing of land exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.

§ 132-9 Rejection of application; hearing.

Should the Township Council reject the application, applicant may request a hearing by making written request to the Township Council, which hearing shall be held within 30 days after the first Township Council meeting at which the request was received.

§ 132-10 Prior recommendation of Township Engineer.

Any application for a license for the removal of soil or earth pursuant to this chapter shall be reviewed and recommended for approval by the Township Engineer prior to the issuance of such license.

§ 132-11 Performance guaranty.

Before any license for soil or earth removal shall be issued, the owner or applicant shall file with the Township Clerk for approval by the Township Council a performance guaranty in a form permitted by N.J.S.A.40:55D-53 of the Municipal Land Use Law. The form and content of such guaranty shall be reviewed and approved by the Township Attorney and shall be in such amount as in the opinion of the Township Engineer shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to this Ordinance. The minimum amount of such guaranty shall be $1,000 per acre.

§ 132-12 Renewal of license.

A. 
Any license under this chapter shall be renewed annually under the following conditions:
(1) 
If the appropriate annual fee for such license is tendered with the application.
(2) 
If the applicant has not permitted or suffered a condition which would violate this chapter to go uncorrected.
(3) 
If the applicant submits the information and map or maps as described in § 132-6. Said maps should reflect the proposed changes in elevation and other topography as a result of the soil or earth removal during the renewal period.
(4) 
If the applicant has complied with the requirements of this chapter relating to grading, seeding and reforestation of the area of the site where removal has taken place.
(5) 
If all current taxes on the site for which license renewal is sought have been paid.
(6) 
If the applicant is not in violation of any state, county or municipal law, ordinance or health regulation as a result of any activity or operation under this chapter.
(7) 
If the applicant is in compliance with the requirements for insurance under § 132-13.
(8) 
If the applicant is in compliance with the requirements for a performance guaranty under § 132-11.
(9) 
If all fees and charges due the township as a result of operations by the applicant under this chapter have been paid.
B. 
Time for renewal application. An applicant for renewal of a license hereunder shall make application for renewal sufficiently prior to the expiration of the then current license, but in no case less than 60 days prior thereto, to permit necessary consideration of the application, supporting documents and necessary inspection to allow issuance of the renewal license on or before the expiration of the then current license. Renewal applications shall be referred to the Township Engineer, who shall submit his findings to the Township Council at least 14 days prior to the renewal date.

§ 132-13 Insurance.

A. 
Amount required. An original application for a license under this chapter shall be accompanied by a certificate of public liability insurance reflecting the issuance of a policy of public liability insurance to the applicant, wherein the township is named as coinsured for damages arising out of any activity of the applicant under a license issued under this chapter, in an amount not less than $500,000/$1,000,000 for death or bodily injury and $100,000/$250,000 for property damage.
B. 
Certificate required. No renewal license shall be issued unless and until the applicant files with the Township Clerk a certificate reflecting continued or renewed public liability insurance in the amount specified in Subsection A.

§ 132-14 Enforcement and inspection.

For purposes of enforcing this chapter, the Township Engineer is designated as Enforcing Officer. It shall be the duty of the Township Engineer to make physical inspections in connection with any application for a license or renewal license hereunder and, in addition, at least one other physical inspection at an interval of approximately three months following approval of the application. It is an express condition of any license granted pursuant to this chapter that the Enforcing Officer be permitted unlimited and unconditional access to the operation at any time.

§ 132-15 Prohibited activities.

A. 
No license shall be granted which will permit a licensee to, and no licensee shall:
(1) 
Remove any soil or earth unless and until the owners of the lands on which the soil or earth is proposed to be removed has signed a written consent thereto and has filed the same with the Township Clerk, unless the applicant for license is such landowner, in which event the applicant shall so state. It a consent is required hereunder, it shall accompany the application to be filed with the Township Clerk.
(2) 
Either begin or continue the removal of any soil or earth from any land until an annual license fee as elsewhere herein provided has been paid to the township and a license therefor has been issued and is in full force and effect.
(3) 
Begin to operate and engage in said removal until the corners and exterior lines of the licensed premises have been staked and marked so that the licensed area shall be clearly designated and in order that no public highway or private property of another shall be endangered by the proposed business. The licensee shall have a licensed New Jersey land surveyor stake and mark said area. The Township Engineer shall examine said exterior lines and recommend the approval of the same to the Township Council. Such stakes and markings shall be maintained at all times on the licensed premises by the licensee.
(4) 
Prevent or attempt to prevent or hinder the Township Council or any of its authorized employees or representatives from viewing, inspecting or examining the licensed premises at any reasonable time.
(5) 
Permit any unattended child or children upon the licensed premises or do anything to permit or cause the licensed premises to be or continue as a source of danger to children or adults.
(6) 
Construe his/her or its license to cover any area or parcel of land other than the area, lot or parcel described in his, her or its license.
(7) 
Disperse liquids, bury any old lumber, building materials, tanks, drums, debris, cut or dead trees, stumps, brush, tires or other forms of hazardous or solid waste on any premises for which a license hereunder has been issued.
(8) 
Commence operations before 7:00 a.m. or continue operations after 7:00 p.m.
B. 
No license shall be granted to conduct a business hereunder within 300 feet of an existing home, unless the owner and adult occupants of said home are notified by letter delivered personally or via certified mail.
C. 
No licensee shall operate the licensed premises in such a manner that any natural stream of water shall be interfered with or have its course altered to the detriment of any other person or landowner. No licensee shall substantially alter, change or interfere with any natural watershed or natural surface watercourse, or groundwater aquifer. No licensee shall detrimentally interfere with or affect the natural drainage of any land other than that being licensed hereunto, nor shall the license cause serious erosion and/or sedimentation of any stream. Proper precautions shall be taken to avoid sedimentation of streams or watercourses. The licensee shall adhere to New Jersey Department of Environmental Protection and Energy (DEPE) stream encroachment rules and regulations and soil erosion and sediment control standards.
D. 
No licensee shall load or permit to be loaded at any licensed premises any vehicle intended to be used to transport any product of the licensee on any public highway, unless such material is covered and said vehicle proposed to be loaded has a tight body. Vehicles to be used for transport shall be well constricted so as to prevent spillage onto roadways.
E. 
No licensee shall remove any soil or earth by any means whatsoever below the surface of any street, road, highway or other thoroughfare or at any point nearer said street, road, highway or other thoroughfare than 100 feet.

§ 132-16 Screening of operation near residential dwellings.

Where residential dwellings are located within 300 feet of the boundary line of the tract from which soil or earth is to be removed, a screening strip of trees or dense growth, or both, shall be provided to screen the soil removal operations from the view of such residential dwellings. This buffer strip shall have a minimum width of 15 feet and shall extend longitudinally along the boundary of the tract and said residential lands to screen the removal operation. The operator shall comply with the ordinance of the Township of Logan with respect to noise levels and hours of operation.

§ 132-17 Road kept clear.

No person engaging in removal of soil or earth shall allow or permit any dangerous condition to result from the removal or transportation of soil or earth on any public road or highway. The public roads and highways in close proximity to the removal shall be kept clear of loose dirt. In the event any violation of this section exists, the township shall be authorized to rectify the situation, and the cost of such work will be borne by the applicant. The same will apply to drift onto roads passing through or adjoining the removal site area. In no event shall said roads be closed, destroyed or made impassable in any way.

§ 132-18 Manner of removal.

An applicant, after having been issued a license under this chapter, shall not remove from the site the top layer of arable soil to a depth of six inches, but shall set this soil aside for retention on the premises and shall respread it over the premises when the soil or earth has been removed, or sooner, at the direction of the Township Engineer, pursuant to levels and contour lines and grades as approved by the Township Council. Said topsoil stripped from the work area shall be stockpiled and protected in accordance with Standards for Soil Erosion and Sediment Control in New Jersey at the work area and shall be used as needed for site restoration.

§ 132-19 Slope and grade requirements.

A. 
The removal of soil or earth shall be conducted in such a manner that there shall be no sharp declivities, pits or depressions and in such a manner that the area shall be properly leveled off, cleaned of debris and graded to conform to the contour lines and grades as approved by the Township Council.
B. 
The minimum slope grading standards shall be not steeper than five feet horizontal to one foot vertical; provided, however, that the grade of slope shall not commence until the appropriate setback requirements have been met. The top of slope shall be a minimum of 200 feet from the adjoining property lines. The depth of excavation shall be a maximum of 40 feet below the original surface of the land. Any body of water created by the resource extraction operation shall have a graded shoreline with a slope not to exceed one foot vertical to five feet horizontal.

§ 132-20 Duties of licensee; seeding and restoration.

A. 
Prior to the commencement of removal operations under any license issued pursuant to this chapter, the overburden or topsoil, where found, shall be stripped to the depth of six inches and stockpiled on the premises.
B. 
A licensee shall, within 60 days of the conclusion of the removal operation, or within 60 days of having removed soil or earth to the planned grade as shown on the contour map filed in support of the application whichever shall first occur, regrade, seed and reforest said licensed premises as hereinafter provided. In the event the licensee has not completed its operation on the licensed premises, or removed earth to planned grade, within one year from the issuance of the original license for the premises in question, then, in that event, the licensee shall grade, topsoil, seed and reforest such portion or portions of the licensed area from which soil or earth has been removed but which no longer will be excavated and which does not interfere with removal on the balance of the licensed area. Said work shall be done within 60 days of the expiration date of the aforementioned original or renewed license.
C. 
Said licensee shall respread the stockpiled overburden or topsoil over the removal area, including slopes, to a minimum depth of four inches and shall prepare it so as to be capable of supporting a cover crop. If this soil is at a pH of 5.0 or lower, it shall be amended by spreading agricultural limestone over the restoration area at a rate of two tons per acre. This area shall be graded, raked and seeded with an approved cover crop. Said seeding shall be at the following minimum rates: 10 pounds per acre cover crop with 5-10-10 (N-P-K) fertilizer spread at 400 pounds per acre.
D. 
The land shall be reforested in accordance with an approved procedure accepted by the Township Engineer and the Township Council. The applicant's plan shall include a description of detailed soil stabilization measures and permanent revegetation which meet accepted practices and have been approved by the Gloucester County Soil Conservation District as part of a certified soil erosion and sediment control plan.
E. 
Upon acceptance of the restoration of the site or portion of the site by the Township Engineer, the licensee shall furnish a maintenance guaranty to the Township Council for approval; said guaranty to be reviewed by the Township Engineer as to adequacy of amount and by the Township Attorney as to form and content; provided that, in no event, shall such maintenance bond be less than $500 per acre of the licensed premises. The maintenance guaranty shall be maintained in full force and effect for a period of three years from the date the restoration has been inspected and approved by the Township Engineer. The maintenance guaranty shall not be released until reforestation has been established to the satisfaction of the Township Council and shall be extended in the event reforestation has not been established.

§ 132-21 Violations and penalties.

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine not exceeding $500 and/or imprisonment in the County Jail for a term not exceeding 90 days, in the discretion of the Judge before whom such conviction shall be had. Each and every violation of and nonconformance with this chapter, or each day that any provision of this chapter shall have been violated, shall be construed as a separate and distinct violation thereof.

§ 132-22 License; suspension or revocation.

A. 
Suspension or revocation. Any license issued under this chapter may be suspended or revoked by the Township Council:
(1) 
Where the applicant or licensee has violated or refused to comply with any provision of this chapter.
(2) 
Where the licensee conducts a removal operation without having a special use permit covering the land upon which such operation is or has been conducted.
(3) 
Where the licensee has failed to pay or caused to be paid any taxes upon the lands covered by his, her or its license.
(4) 
Where the license is in violation of any federal, state, county or municipal law or ordinance or health regulation as a result of any activity or operation under this chapter.
(5) 
Where any operation of the licensee under this chapter endangers the person or property of adjoining landowners or other persons in the township.
B. 
Procedure for suspension or revocation of license.
(1) 
Whenever the Township Engineer and the Township Council determine that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, they shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be in writing, include a statement of the reasons why it is being issued, allow a reasonable time for the performance of any act it requires, be served upon the owner or his agent, and contain an outline of remedial action which, if taken, shall effect compliance with the provisions of this chapter. Such notice shall be deemed to be properly served upon such owner or agent if a copy thereof is served upon him personally, if a copy thereof is sent by certified mail to his last known address as shown on the application, if a copy thereof is posted in a conspicuous place in or about the licensed premises involved, or if he is serviced with such notice by any other method authorized or required under the laws of this state.
(2) 
Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter, may request and shall be granted a hearing on the matter before the Township Council, provided that such person shall file written notice of the request with the Township Clerk, setting forth a brief statement of the grounds therefor, within 10 days after service of notice upon him. Upon receipt of such written request, the Township Clerk shall set a time and place for such hearing and shall give the petitioner written notice thereof. After such hearing the Township Council shall sustain, modify or withdraw the notice. If the Township Council sustains or modifies such notice, it shall be deemed to be an order which, at the discretion of the Township Council, may operate as a revocation of the license. Any notice served pursuant to this chapter shall automatically become an order if a written request for a hearing is not filed with the Township Clerk within 10 days after such notice is served.
C. 
Emergency license suspension or revocation procedure.
(1) 
Whenever the Township Engineer and the Township Council find that an emergency exists which requires immediate action to protect the public health or safety, they may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as they deem necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately.
(2) 
Where a licensee or owner requests in writing a hearing on an emergency suspension, such hearing shall be held within 72 hours of the receipt of the written request by the Township Council. After such hearing, the Township Council shall continue such order in effect, modify it or revoke it.

§ 132-23 Additional rights of the township.

A. 
In granting a license, the Township Council may require the applicant to install or cause to be installed adequate and suitable traffic warning signs and markers in the area where any access road enters any public road, at such places as the Township Engineer shall direct.
B. 
The Township Council expressly reserves the right to change, alter, modify, revoke or refuse to renew any license issued under this chapter at any time and to regulate the hours of operation after written notice to the applicant of such intention, including the reasons for such action, and after an opportunity to be heard at a public hearing. Any action taken by the Township Council pursuant to this subsection shall be governed by the standards and procedures set forth in §§ 132-21 and 132-22.
C. 
The Township Council may, whether an application for a license is granted or denied, deduct up to $400 from the escrow moneys deposited with the Township Clerk for payment of any inspection expenses and services to which the township has been put in having the maps or plans, application and any other submitted data inspected and checked by its Township Attorney, Township Engineer and other officials, or any of them. All such charges shall be and remain municipal funds for the use and benefit of the township. The balance not so deducted shall, upon release, be returned to the applicant. This provision shall not limit use of escrow funds to pay for other professional services generated by submission of an application pursuant to this chapter.
D. 
The Township Council may institute a civil action for injunction or other equitable relief if the applicant violates any provision of this chapter or a condition of his, her or its license.
E. 
The Township Council shall have the right to set aside and invalidate any license in violation of the provisions of this chapter or nonconformance therewith, which license was procured through misrepresentation or falsification in applying for such license or the failure to file a contour map or report as required by this chapter.

§ 132-24 Variation from strict compliance.

Any person seeking a license may request a variation(s) from strict compliance with this chapter upon written application therefor to the Township Council. The request for verification may be approved by the Township Council, after report thereon by the Township Engineer, upon a determination that:
A. 
Any variation or modification of any requirement of this chapter shall not in any material way alter the standards of the chapter and shall not affect detrimentally the health, safety or welfare of persons on the premises or occupants or owners of adjacent premises or of the neighborhood wherein the subject premises are located, or the public generally.
B. 
Strict enforcement would constitute an undue and unnecessary hardship on the owner, operator or occupant of the premises to be licensed because it would compel expenditures on the premises which would be substantially disproportionate to any benefit to health, safety or welfare that might be derived therefrom.
C. 
The owner, operator or occupant is without any practical or feasible means to comply with the strict provisions of this chapter.

§ 132-25 Nontransferability of license.

The license issued under this chapter is not transferable, and the holder of the license shall be solely responsible for the provisions specified in this chapter.