[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.
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.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
