[HISTORY: Adopted by the Township Committee of the Township of Hanover 6-25-1981 by Ord. No. 19-81. Sections 158-7 and 158-8B amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The purpose of this chapter is to control the disturbance of land and related changes in grades and elevations by requiring adequate provisions for surface water retention and drainage in order to promote the safety, public health, convenience and general welfare of the community.
The following definitions shall apply in the interpretation and enforcement of this chapter unless otherwise stated:
- A person. partnership, corporation or public agency requesting permission to engage in land-disturbance activity.
- EXCAVATION OR CUT
- Any act by which soil or rock is cut into, dug. quarried, uncovered, removed, displaced or relocated.
- Any ground. soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.
- LAND DISTURBANCES
- Any activity involving the clearing, grading, transporting, filling and any other similar activity.
- A certificate issued by the Township Engineer to perform work in accordance with this chapter.
- Any plot, parcel or parcels of land.
- All unconsolidated mineral and organic material of any origin.
- Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
No land or land area shall be disturbed by any person, partnership, corporation. municipal corporation or other public agency within this municipality unless, prior thereto, the applicant has obtained a valid permit issued by the Township Engineer in accordance with the requirements of this chapter.
A valid permit shall be obtained by the filing, in triplicate, of an application, which shall be accompanied by three copies of a plot plan for the premises which said plot plan shall contain:
The location and description of all existing natural and manmade features on the site, including general topography, existing drainage and water flow, proposed drainage and water flow and soil characteristics and a copy of a soil conservation survey.
The location and description of proposed land disturbances, specifying all changes contemplated.
Upon receipt of the application and plans as required hereunder, the Township Engineer shall review the plan and either approve or disapprove same and, in the case of a disapproval, shall state the reasons for same.
The following principles shall apply to the plan:
The stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
Whenever feasible, natural vegetation shall be retained and protected.
Drainage provisions shall accommodate increased runoff, resulting from modified soil and surface conditions, during and after development or disturbance.
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
Land disturbance shall be done in a manner that shall not cause a change in slope which would result in said slope's exceeding 10%.
Each application shall be accompanied by a fee as provided in Chapter 125, Fees, of the Township of Hanover. However, any application hereunder which is made in conjunction with an application for a building permit for new construction shall not require the payment of any fee in addition to that fee paid for said construction permit.
Any person who violates and any landowner who permits any person to violate any of the provisions of this chapter or fails to comply or adhere to the permit granted hereunder shall be subject to an action filed in Superior Court for injunctive relief and/or damages for the restoration or correction of said violation or violations.
In addition, any person who violates any of the provisions of this chapter or fails to comply or adhere to the permit granted hereunder shall be subject, upon conviction of such punishable offense, to be fined not exceeding $1,000 or be imprisoned in the county jail for not exceeding 90 days, or both said fine and imprisonment. Each and every day that said violation continues shall be considered a separate offense.
Specifically exempted from the terms of this chapter are sanitary landfills for which permits have been issued by the New Jersey Department of Environmental Protection.
The requirements of this chapter shall be enforced by the Township Engineer, who shall also inspect or require adequate inspection of the work. If the Township Engineer finds existing conditions not as stated in the applicant's plan, he may refuse to approve further work and may seek other penalties as provided in § 158-8.
Appeals from decisions under this chapter may be made to the Township Committee, in writing, within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Township Committee within 30 days from the date of the appeal.