[HISTORY: Adopted by the Township Committee
of the Township of Hanover 6-25-1981 by Ord. No. 19-81. 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.
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.
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:
A.
The location and description of all existing natural
and man-made 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.
B.
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:
A.
The stripping of vegetation, grading or other soil
disturbance shall be done in a manner which will minimize soil erosion.
B.
Whenever feasible, natural vegetation shall be retained
and protected.
C.
Drainage provisions shall accommodate increased runoff,
resulting from modified soil and surface conditions, during and after
development or disturbance.
D.
Water runoff shall be minimized and retained on site
wherever possible to facilitate groundwater recharge.
E.
Land disturbance shall be done in a manner that shall
not cause a change in slope which would result in said slope's exceeding
10%.
[Amended 7-11-1991 by Ord. No. 16-91]
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.
A.
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.
B.
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.
[Amended 7-11-1991 by Ord. No. 16-91]
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.
