This Part 3 shall be known and cited as the
"Land Disturbance Ordinance of the Township of Chester (1987)."
A.
It is hereby found that:
(1)
The removal of vegetative cover, disturbance
of the soil and the construction of buildings and structures in the
areas of slopes within the Township of Chester will increase surface
water runoff, soil erosion and siltation, with the resultant pollution
of streams as well as the potential danger of flooding and water drainage,
thereby having the potential of endangering public and private property
and life.
[Amended 12-18-2001]
(2)
This condition is aggravated by soil disturbance
and construction and development of these slopes, which creates an
additional hazard to the lives and property of those dwelling on the
slopes and below them.
(3)
The most appropriate method of alleviating such
conditions is through the regulation of such vegetation and soil disturbances,
construction and development.
B.
It is therefore determined that the special and paramount
public interest in these slopes justifies the regulation of property
located thereon as provided in this Part 3, which is the exercise
of the police power of the Township for protection of persons and
property of its inhabitants and for the preservation of the public
health, safety and general welfare.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-2 for general
police power.
The following terms are defined and shall be
construed as follows:
The result of any act by which soil or rock is cut into,
excavated, dug, quarried, uncovered, removed, displaced or relocated.
Any activity involving the clearing, excavating, storing,
filling or transporting of soil, or any other activity which causes
soil to be exposed to the danger of erosion.
A man-made deposit of soil, rock or other materials.
Any stripping, cutting, filling, stockpiling or any combination
thereof, including the land in its cut or filled condition.
The boundary line formed between those areas of a site which
are to be graded and the existing natural topography of the property.
the limit of grading shall be synonymous with a no cut - no fill line.
The boundary line formed between all portions of the site
where land disturbance will occur and the existing natural area of
the property.
[Added 12-18-2001]
Degree of deviation of a surface from the horizontal, usually
expressed in percent or degrees.
