[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 12-17-1973 by Ord. No. 1973-19 as part of Ch. XVI
of the 1973 Code, amended in its entirety 11-2-1987 by Ord. No. 1987-21; Art. II, 12-17-1973 by Ord. No. 1973-19 as part of Ch. XVI
of the 1973 Code. Subsequent amendments noted where applicable.]
[Adopted 12-17-1973 by Ord. No. 1973-19 as part of Ch. XVI of the 1973 Code; amended in its entirety 11-2-1987 by Ord. No.
1987-21]
The Township Committee finds that:
A.
The unregulated and uncontrolled relocation, filling,
excavation and removal of soil on a large scale has resulted in conditions
detrimental to the public safety, health and general welfare, substantially
hampering and deterring the efforts of the township to effectuate
the general purpose of municipal planning.
B.
Continuation of the unregulated and uncontrolled relocation,
filling, excavation and removal of soil would result in serious and
irreparable damage to the public welfare by reason of consequent soil
erosion by water and wind, inadequate and improper surface water drainage,
the decrease in or destruction of the fertility of soil, the removal
of lateral support of abutting streets, lands and premises, the creation
of dangerous depressions or pits, the deterioration of property values,
the rendering of land unfit or unsuitable to its most appropriate
uses and the creation of other factors and elements hampering and
deterring the coordinated, adjusted and harmonious physical development
of the Township of Lumberton.
As used in this Article, the following terms
shall have the meanings indicated:
Includes those portions or components of the earth's surface
commonly known as "soil," "topsoil," "dirt," "clay," "marl" or "earth,"
whether fertile or infertile, sand or gravel, or any combinations
of them with each other or with any other common components of the
earth's surface, such as rocks, stones, pebbles or other decomposed
vegetative or animal matters or mineral components of the earth's
surface.
[Amended 8-1-1994 by Ord. No. 1994-15; 9-7-2023 by Ord. No. 2023-11]
A.
Soil protection. No soil shall be removed from or
imported to any site prior to approval as described herein. Topsoil
moved during the course of construction shall be redistributed over
the disturbed areas of the development and shall be stabilized by
seeding or planting or another method shown on the approved plan.
Subsoil shall be retained on the site and incorporated into the overall
regrading and drainage plan. No grading construction or regrading
shall be permitted which creates or aggravates water stagnation or
adversely impacts drainage areas patterns shown on the approved plan.
Soil may only be removed from or imported to the site or relocated
outside the Township upon the Township Engineer's recommendation and
with the approval of the Township Administrator.
[Amended 8-1-1994 by Ord.
No. 1994-15; 9-7-2023 by Ord. No. 2023-11]
A.
The Township Administrator shall not consider any application for the removal of soil from the premises for sale or otherwise unless and until the owner of the premises or the person having charge thereof shall first file with the Township Administrator an application requesting such permission on the appropriate form to be obtained from the Township Administrator. The application must include a scaled map of the property and payment of the appropriate application fee as set forth in § 246-6. The map shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet, and shall show or be accompanied by the following information:
(1)
A key map showing the entire premises and its relation to surrounding
areas.
(2)
The Tax Map sheet, block and lot number, date, graphic scale, reference
meridian and the following names and addresses:
(3)
The acreage of premises to the nearest tenth of an acre.
(4)
Existing contours at five-foot intervals for slopes averaging 10%
or greater and at two-foot intervals for land of lesser slope, and
the proposed contours resulting from the intended removal of soil
in the same scale.
(5)
The location of existing streets, buildings, watercourses, railroads,
bridges, culverts, drain pipes and any other natural features, such
as wooded areas and rock formations, on the premises and within 200
feet thereof.
(6)
The groundwater elevation as determined by test borings and an evaluation
of the elevation of the seasonal high-water table. Borings shall be
located throughout the proposed soil removal area, in accordance with
the following schedule:
|
Area of Site
(acres)
|
Number of Borings*
|
|---|---|
|
Less than 2
|
2
|
|
2 to 3
|
3
|
|
3 to 5
|
5
|
|
5 to 10
|
8
|
|
10 to 40
|
10
|
|
Over 40
|
16
|
|
* NOTE: Borings shall extend at least six feet below the proposed
depth of soil removal.
|
(7)
Soil types as shown in the Burlington County Soil Survey.
(8)
Calculations documenting the volume of soil to be removed.
(9)
Two benchmarks on the premises at locations that will not be disturbed
by the proposed soil removal, based on datum of the contours.
(10)
The transportation route through the Township.
B.
No permission for removal of soil shall be granted unless the Township
Administrator, after review and consideration of the application and
accompanying map, is satisfied that the proposed soil removal will
not be detrimental to the public health, safety and general welfare
of the township inhabitants. In arriving at their decision, the Administrator
shall be guided by the review of the Township Engineer and take into
consideration the following factors:
C.
The filed application shall be reviewed by the Township Engineer
within 10 business days of the date of the submission. Review will
be provided to the Township Administrator and the Administrator shall
approve, deny, or request further information within 15 days of original
receipt of the application.
[1]
Editor's Note: Former § 246-5, Hearing; notification,
was repealed 9-7-2023 by Ord. No. 2023-11.
[Amended 8-1-1994 by Ord. No. 1994-15; 12-5-2019 by Ord. No. 2019-17; 11-10-2022 by Ord. No. 2022-13]
Applicable fees are detailed in the universal fee chart located in § 18-2, reference numbers 40 and 64, of the Code of the Township of Lumberton.
[Amended 9-7-2023 by Ord. No. 2023-11]
A.
Before any permit or permission for soil removal shall
be granted or issued, the owner or applicant shall file with the Township
Administrator a performance guarantee in a form and with surety acceptable
to the Township, in such amount as, in the opinion of the Township
Administrator, shall be sufficient to insure the faithful performance
of the work to be undertaken pursuant to the permission granted by
the Township Administrator in accordance with the provisions of this
article.
B.
The owner or applicant shall also establish an escrow
fund in the amount of 6% of the guarantee amount. Said fund shall
be used to pay the fees of any professional personnel employed to
process, review, inspect and make recommendations with regard to the
application. If at any time the escrow fund shall be deemed insufficient
by the Township Administrator to cover actual or anticipated expenses,
said fund shall be subject to increase on demand. Any excess funds
in the escrow account at the time of final acceptance will be returned
to the owner or applicant upon his request, in writing.
[Amended 8-1-1994 by Ord. No. 1994-15; 11-10-2022 by Ord. No. 2022-12; 9-7-2023 by Ord. No. 2023-11]
A.
If permission to remove the soil is granted, the owner or person
in charge shall so conduct the operations that there shall be no sharp
declivities, pits or depressions and in such a manner that the area
shall be properly leveled off, cleared of debris and graded to conform
to the contour lines and grades as approved by the Township Administrator.
B.
The soil removal shall be subject to inspection by the Township Engineer,
who shall be notified by the owner or applicant at least 24 hours
prior to the start or resumption of work. The Township Engineer shall
make periodic inspections of the site. The minimum number of inspections
and the maximum time between inspections shall be determined for each
individual application, based on the volume to be removed and the
rate of removal.
C.
Soil testing.
(1)
Prior to soil transport from or to any property in Lumberton Township,
and in the event the property is not being overseen by a licensed
site remediation professional, a qualified environmental professional
shall collect soil samples of a sufficient frequency as required and
provided in Chapter 6, Table 2, of the New Jersey Department of Environmental
Protection's Fill Material Guidance for SRP Sites, based on the
volume of material to be transported or as deemed appropriate by the
Township Engineer.
(2)
A New Jersey certified laboratory shall analyze the samples for the
analytical requirements set forth in Section 6.2.2 of the New Jersey
Department of Environmental Protection's Fill Material Guidance
for SRP Sites.
(3)
Soil may only be transported in accordance with the requirements
established by the New Jersey Department of Environment Protection's
A-901 licensing requirements unless the applicant is exempt per such
requirements.
No excavation shall be made and no soil shall
be removed under the provisions of this Article unless all required
permits therefor shall have first been obtained as provided for herein,
and no excavation shall be made and no soil shall be removed except
in conformity with the terms and conditions of permits thus issued
and in overall conformity with the provisions of this Article and
any other applicable chapters and sections of this Code.
Prior to removing soil as provided for in this
Article, the applicant shall first attempt to dispose of the removed
soil within this township, whether by sale or exchange, it being the
governing body's intent to ensure that needs for soil by other property
owners within the township are met as far as practicable by persons
seeking to remove soil from any land otherwise situate in this township.
[Amended 8-3-1992 by Ord. No. 1992-6; 12-21-1992 by Ord. No.
1992-15; 12-5-2019 by Ord. No. 2019-19]
A.
It shall be the duty of the Township Police Department
to enforce all provisions of this article.
B.
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this article shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this article, state law shall apply.
[Adopted 12-17-1973 by Ord. No. 1973-19 as part of Ch. XVI of the 1973 Code]
The purpose of this Article is to control soil
erosion and the resulting sedimentation from occurring on developing
areas by requiring proper provisions for water disposal and the protection
of soil surfaces during and after construction in order to promote
the safety, public health, convenience and general welfare of the
township.
As used in this Article, the following terms
shall have the meanings indicated:
A signed written statement by the designated official that
specific constructions, inspections or tests, where required, have
been performed and that such comply with the applicable requirements
of this Article or regulations adopted.
The result of any act by which soil or rock is cut into,
excavated, dug, quarried, uncovered, removed, displaced or relocated.
Any person or other legal entity commencing proceeding under
this Article to effect a subdivision of land or development of a site
hereunder for himself or another.
A channel with or without a supporting ride on the lower
side constructed across or at the bottom of a slope.
A man-made deposit of soil, rock or other materials.
The wearing away of the land surface by the action of wind,
water, ice or gravity.
The result of any act by which soil or rock is cut into,
excavated. dug, quarried, uncovered, removed, displaced or relocated.
The vertical location of the existing ground surface prior
to cutting or filling.
A man-made deposit of soil, rock or other materials.
The final grade or elevation of the ground surface conforming
to the proposed design.
Any stripping, cutting, filling or stockpiling, or any combination
thereof and including the land in its cut or filled condition.
A natural or constructed waterway, usually broad and shallow,
covered with erosion-resistant grasses, used to conduct surface water
from a field, diversion or other site feature.
Any and all earth work not included as part of the site plan
or subdivision plan.
Any security which may be accepted by the Land Development
Board or other approving body after the final acceptance of improvements
installed by the developer, including maintenance bonds and other
similar collateral or surety agreements.
[Amended 1-20-2004 by Ord. No. 2004-1]
The application of plant or other suitable materials on the
soil surface to conserve moisture; hold soil in place and aid in establishing
plant cover.
The ground surface in its original state before any grading,
excavation or filling.
Any security which may be in lieu of a requirement that certain
improvements be made before the Land Development Board approves a
plate including performance bonds, escrow agreements and other similar
collateral or surety agreements.
[Amended 1-20-2004 by Ord. No. 2004-1]
A stream normally having continuous water flow in any quantity
throughout the year.
Any grading performed with the approval of the Township Engineer
and in accordance with criteria established by this Article.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site or origin by
air, water, ice or gravity as a product of erosion.
A carrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel or silt or other material.
The reservoir space allotted to the accumulation of submerged
sediment during the life of the structure.
Any plot or parcel of land or combination of contiguous lots
or parcels of land where grading is performed or permitted.
Degree of deviation of a surface from the horizontal, usually
expressed in percent or degree.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock which can be readily excavated.
Any activity which removes or significantly disturbs the
vegetative surface cover, including clearing and grubbing operations.
Stabilization of erosive sediment-producing areas.
Stabilization of erosive or sediment-producing areas by covering
the soil with:
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks. and including any area adjacent thereto subject to
inundation by reason of overflow or floodwater.
[Amended 1-20-2004 by Ord. No. 2004-1]
A.
Except for single-family dwellings which are not part
of a major subdivision; land used for gardening, primarily for home
consumption; outbuildings on lots of three acres or more; and agricultural
use of land when operated in accordance with a conservation plan approved
by the local soil conservation district or when it is determined by
the local soil conservation district that such agricultural pursuits
will not cause excessive erosion and sedimentation no site plan shall
be approved; no street shall be constructed; no changes shall be made
in the contour of the land; no grading, excavating or removal or destruction
of topsoil, trees or other vegetative cover of the land shall be commenced
by any developer until such time as a plan for erosion and sediment
control has been processed with and approved by the Township Land
Development Board or there has been a determination by the Board that
such plans are not necessary.
B.
No subdivision, site plan or land development plan
shall be approved unless:
(1)
There has been a plan approved by the Township Land
Development Board that provides for erosion and sediment control consistent
with this article and an improvement bond (or other acceptable securities)
has been deposited with the Township in one form of an escrow guaranty
which will ensure installation and completion of the required improvements
in accordance with township specifications; or
(2)
There has been a determination by the Township Land
Development Board that an erosion and sediment control plan is not
necessary.
A.
Information required. As part of the site plan review
procedure or for any land development plan, a site plan shall be submitted
which shows clearly the location of the proposed action on a suitable
map, the total area of the development, the total amount of earthwork
in cubic yards and any other information so desired by the Site Plan
Review Board or the Land Development Board. The Boards shall review
the submitted site plan and determine whether or not a soil erosion
and sediment control plan is necessary in order to promote the safety,
public health, convenience and general welfare of the township.
[Amended 1-20-2004 by Ord. No. 2004-1]
B.
Submission of control plan. If the Land Development Board determines that a soil erosion and sediment control plan is required, it shall be submitted in accordance with the provisions of §§ 246-17 through 246-20 and approved by the Township Engineer prior to site plan approval.
[Amended 1-20-2004 by Ord. No. 2004-1]
C.
Performance guaranty required.
[Amended 1-20-2004 by Ord. No. 2004-1]
(1)
Prior to the issuance of a building permit, the developer
shall have filed with the Township a performance guaranty sufficient
in amount to cover the cost of all soil erosion and sediment control
measures or uncompleted portions thereof as required by the soil erosion
and sediment control plan and as estimated by the Township Engineer
to assure the installation of such uncompleted soil erosion and sediment
control measures on or before an agreed date. The performance guaranty
may be in the form of a performance bond which shall be issued by
a bonding or surety company approved by the Land Development Board;
a certified check, returnable to the developer after full compliance;
or any other type of surety approved by the Township Attorney.
(2)
The performance guaranty shall be approved by the
Township Attorney as to form, sufficiency and execution. The performance
guaranty shall run for a period to be fixed by the Land Development
Board, but in no case for a term of more than two years.
D.
Inspections. Prior to and during construction, the
soil erosion and sediment control measures shall be subject to inspection
and approval by the Building Inspector or Township Engineer who shall
be notified by the developer at least 48 hours prior to the start
of construction. No underground installation shall be covered until
inspected and approved.
E.
Approval of control measures.
(1)
When all the necessary and appropriate soil erosion
and sediment control measures have been completed, the developer shall
notify the Land Development Board, in writing, by certified or registered
mail, of the completion of the soil erosion and sediment control measures
and shall send a copy thereof to the Building Inspector or Township
Engineer. The Land Development Board shall direct and authorize the
Building Inspector or Engineer to inspect all of the soil erosion
and sediment control measures. The Building Inspector or Engineer
shall thereupon file a report, in writing, with the Land Development
Board.
[Amended 1-20-2004 by Ord. No. 2004-1]
(2)
The report shall be detailed and shall indicate either
approval. partial approval or rejection. If the soil erosion and sediment
control measures or any portion thereof shall not be approved or shall
be rejected by the Building Inspector or Engineer, the report shall
contain a statement of reasons for such nonapproval or rejection.
Where the report indicates partial approval of soil erosion and sediment
control measures. it shall indicate the cost of the soil erosion and
sediment control measures for which approval is rejected or withheld.
(3)
Where partial approval is granted, the developer may
be released from all liability pursuant to his performance guaranty
bond except for the portion adequately sufficient to secure the soil
erosion and sediment control measures not yet approved. No approval
for occupancy of any building will be granted unless all needed soil
erosion control measures have been completed or substantially provided
for in accordance with this article. The developer shall bear the
final responsibility for the installation and construction of all
required soil erosion and sediment control measures according to the
provisions of this article.
F.
Maintenance guaranty required. The Township may also
require a maintenance guaranty for a period not to exceed two years
after final approval of the soil erosion and sediment control measures
in an amount not to exceed 15% of the cost of the improvement or of
the permanent installation.
G.
Removal of sedimentation. Whenever sedimentation is
caused by stripping vegetation, regrading or other development, it
shall be the responsibility of the developer causing such sedimentation
to remove it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible.
H.
Maintenance of watercourses.
(1)
Maintenance of all drainage facilities and watercourses
within the development is the responsibility of the developer until
the final facilities are accepted by the township.
(2)
It shall be the responsibility of the developer doing
any act on or across a communal stream, watercourse or swale or upon
the floodplain or right-of-way thereof to maintain as nearly as possible
in its present state the stream, watercourse, swale, floodplain or
right-of-way during the pendency of the activity and to return it
to its original or equal condition after such activity is completed.
(3)
Maintenance of drainage facilities or watercourses
including public drainageways originating and completely on private
property shall be the responsibility of the landowner to their point
of open discharge at the property line or at a communal watercourse
within the property.
A.
Sketch plat information. As part of the subdivision
review procedure, a sketch plat shall be submitted which shows clearly
the location of the proposed action on a suitable map, the total area
of the development, the total amount of earthwork in cubic yards and
any other information so desired by the Land Development Board. The
Board shall review the submitted sketch plat and determine whether
or not a soil erosion and sediment control plan is necessary in order
to promote the safety, public health, convenience and general welfare
of the Township.
[Amended 1-20-2004 by Ord. No. 2004-1]
B.
Submission of control plan. If the Land Development Board determines that the soil erosion and sediment control plan is required, it shall be submitted as part of the preliminary plan, in accordance with the provisions of §§ 246-17 through 246-20, and approved by the Township Engineer prior to the submission of any final section of the subdivision.
[Amended 1-20-2004 by Ord. No. 2004-1]
C.
Performance guaranty required.
(1)
Prior to final approval of any sections of the subdivision,
the developer shall have filed with the Township a performance guaranty
sufficient in amount to cover the cost of all soil erosion and sediment
control measures or uncompleted portions thereof as required by the
soil erosion and sediment control plan and as estimated by the Township
Engineer to assure the installation of such uncompleted soil erosion
and sediment control measures on or before an agreed date. The performance
guaranty may be in the form of a performance bond which shall be issued
by a bonding or surety company approved by the Township Committee;
a certified check, returnable to the subdivider after full compliance;
or any other type of surety approved by the Township Attorney.
(2)
The performance guaranty shall be approved by the
Township Attorney as to form, sufficiency and execution. The performance
guaranty shall run for a period to be fixed by the Township Committee,
but in no case for a term of more than two years.
D.
Inspections. Prior to and during construction, all
the soil erosion and sediment control measures shall be subject to
inspection and approval by the Township Engineer who shall be notified
by the developer at least 48 hours prior to the start of construction.
No underground installation shall be covered until inspected and approved.
E.
Approval of control measures.
(1)
When all of the necessary and appropriate soil erosion
and sediment control measures have been completed, the developer shall
notify the Township Committee, in writing, by certified or registered
mail, of the completion of the soil erosion and sediment control measures
and shall send a copy thereof to the Township Engineer. The Land Development
Board shall direct and authorize the Engineer to inspect all of the
soil erosion and sediment control measures. The Engineer shall thereupon
file a report, in writing, with the Land Development Board.
[Amended 1-20-2004 by Ord. No. 2004-1]
(2)
The report shall be detailed and shall indicate either
approval, partial approval or rejection. If the soil erosion and sediment
control measures or any portion thereof shall not be approved or shall
be rejected by the Engineer, the report shall contain a statement
of reasons for such nonapproval or rejection. Where the report indicates
partial approval of the soil erosion and sediment control measures,
it shall indicate the cost of the soil erosion and sediment control
measures for which approval is rejected or withheld.
(3)
Where partial approval is granted, the developer may
be released from all liability pursuant to his performance guaranty
bond except for that portion adequately sufficient to secure the soil
erosion and sediment control measures not yet approved. No approval
for occupancy of any building shall be granted unless all needed soil
erosion control measures have been completed or substantially provided
for in accordance with this article. The developer shall bear the
final responsibility for the installation and construction of all
required soil erosion and sediment control measures according to the
provisions of this article.
F.
Maintenance guaranty required. The Township may also
require a maintenance guaranty for a period not to exceed two years
after final approval of the soil erosion and sediment control measures,
in an amount not to exceed 15% of the cost of the improvement or of
the permanent installation.
G.
Removal of sedimentation. Whenever sedimentation is
caused by stripping vegetation, regrading or other development, it
shall be the responsibility of the developer causing such sedimentation
to remove it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible.
H.
Maintenance of watercourses.
(1)
Maintenance of all drainage facilities and watercourses
within the development shall be the responsibility of the developer
until and unless the final facilities are accepted by the township.
(2)
It shall be the responsibility of the developer doing
any act on or across a communal stream, watercourse or swale or upon
the floodplain or right-of-way thereof to maintain as nearly as possible
in its present state the stream, swale, floodplain or right-of-way
during the pendency of the activity and to return it to its original
or equal condition after such activity is completed.
(3)
Maintenance of drainage facilities or watercourses
including public drainageways originating and completely on private
property shall be the responsibility of the owner to their point of
open discharge at the property line or at a communal watercourse within
the property.
As a minimum, the soil erosion and sediment
control plan shall contain:
A.
Plans and specifications of soil erosion and sediment
control measures in accordance with the Standards for Soil Erosion
and Sediment Control in New Jersey.
B.
A time schedule indicating the anticipated starting
and completion dates of the development sequence and the time of exposure
of each area prior to the completion of effective erosion and sediment
control measures.
The following principles are effective in minimizing
soil erosion and sedimentation and shall be included, where applicable,
in the soil erosion and sediment control plan.
A.
Stripping of vegetation, regrading or other development
shall be done in such a way that will minimize soil erosion.
B.
Whenever feasible, natural vegetation shall be retained,
protected and supplemented.
C.
The disturbed area and the duration of exposure shall
be kept to a practical minimum of three months.
D.
Temporary seedings and or mulching shall be used to
protect exposed critical areas during development.
E.
Provisions shall be made to accommodate the increased
runoff caused by changed soil and surface conditions during and after
development.
F.
Sediment in the runoff water shall be trapped until
the disturbed area is stabilized by the use of sediment basins or
other acceptable methods.
G.
Diversions and sediment basins shall be reconstructed
prior to any on-site grading or disturbance of existing surface material.
H.
Banks and beds of temporary and permanent watercourses
shall be stabilized.
In order to provide more suitable sites for
building and other physical features, to improve surface drainage
and to control erosion, the following requirements shall be met.
A.
The yards of every structure shall be graded to secure
proper drainage away from buildings and dispose of it without ponding,
and all land within a development shall be graded to drain and dispose
of surface water without ponding, except where approved by the Board.
Minimum two-percent slopes away from structures shall be required.
B.
All drainage provisions shall be of such design so
as to collect on-site runoff and to carry surface waters to the nearest
practical street, storm drain or natural watercourse. Where drainage
swales are used to deliver surface waters away from buildings, the
swales shall be sodded or planted as required and shall be of such
slope, shape and size to conform to specifications of the township.
C.
Concentration of diffused natural water flow shall
only be permitted in swales or watercourses.
D.
No excavation shall be made with a cut face steeper
in slope than 1/12 horizontal to one vertical [66%], except as approved
by the Township Engineer when handled under special conditions.
E.
No fill shall be placed which creates any exposed
surface steeper in slope than two horizontal to one vertical [50%],
except as approved by the Township Engineer when handled under special
conditions.
F.
Adequate provisions shall be made to prevent surface
water from damaging the cut face of excavations or the sloping surfaces
of fills.
G.
Retaining walls or cribbing shall be required where
needed to prevent the surface of excavations or fills from exceeding
at any point the maximum allowable slope.
H.
Excavations shall not be made so close to property
lines as to endanger adjoining property without supporting and protecting
the face of the excavation.
I.
No fill shall be made so as to cause settlement, sliding
or erosion of the soil.
J.
No fill shall be made or placed adjacent to the bank
of a channel so as to create bank failure or sliding.
Standards and specifications for measures used
in the soil erosion and sediment control plan shall as a minimum be
in accordance with the Standards for Soil Erosion and Sediment Control
in New Jersey, as adopted by the Burlington County Soil Conservation
District. The Township Engineer shall ensure compliance with the appropriate
specifications, copies of which shall be on file at the office of
the Burlington County Conservation District and the municipal building
of the township.
The requirements of this Article shall be enforced
by the Township Engineer, who shall inspect or require adequate inspection
of the work. If the Engineer finds any existing conditions not as
stated in any application, he may refuse to approve further work.
A.
If submitted as part of the site plan or subdivision
review, no additional fees shall be charged under this article. All
expenses for legal, engineering or planning work required by the Township
in connection herewith shall be authorized and paid and funded out
of the escrow accounts set up as part of the fee and escrow structure
under the site plan review or subdivision ordinances.[1]
B.
Any and all other earthwork which is subject to this
Article shall pay the fees and escrows in the manner and amount as
set forth for site plan review.
[Amended 1-20-2004 by Ord. No. 2004-1]
[Added 8-3-1992 by Ord. No. 1992-6;
amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this article shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this article, state law shall apply.
