[Amended 12-18-2001]
No soil shall be excavated, removed or deposited
within a graded or disturbed area except as a result of and in accordance
with a detailed site grading plan approved by the Township Engineer.
[Amended 3-20-2007 by Ord. No. 2007-4]]
B.
Prior to the issuance of a land disturbance permit, an application shall be submitted to the Township for review, which shall include a detailed site grading plan conforming to § 113-136.
C.
D.
No land disturbance plan for an individual lot shall
be approved which shows a total land disturbance which exceeds any
of the following:
(1)
For all lots which were approved or created
after March 1, 1988, the maximum area of land disturbance shall not
exceed the area (square feet) shown on the approved soil erosion,
sediment control and grading plan for the subject property.
(2)
For all lots which were approved or in existence
prior to March 1, 1988, the maximum area of disturbance shall be calculated
in accordance with the following schedule:
|
Lot Area
(acres)
|
Maximum Disturbance
| |
|---|---|---|
|
Less than 2
|
90%
| |
|
2 to 2.99
|
80%
| |
|
3 to 4.99
|
70%
| |
|
5 to 9.99
|
60%
| |
|
10 or greater
|
5 acres
|
Provision shall be made for the proper disposition
of surface water runoff so that it will not create unstable conditions.
Appropriate storm drainage facilities shall be constructed as deemed
necessary, and adequate protective measures shall be provided for
downstream properties.
Provision shall be made for any structures or
protective measures that proposed slopes may require for the protection
of the public safety, including but not limited to retaining walls,
headwalls and fences.
Proper facilities have been or shall be provided
for a safe water supply and for the disposal of sanitary sewage as
approved by the Chester Township Board of Health.
No proposed building, structure or attendant
protective measures shall impede the flow of surface waters through
any watercourse or cause an increase in flood heights or velocities.
Any proposed building or structure shall be
of sound engineering design with footings designed to extend to stable
soil and/or rock, with proper lateral support, and, when built, may
be occupied without peril to the health or safety of the occupants.
Any proposed vehicular facilities, including
roads, drives or parking areas, shall be so designed that any land
disturbances shall not cause excessive erosion. Both the vertical
and horizontal alignment of vehicular facilities shall be so designed
that hazardous circulation conditions will not be created.
[Amended 12-18-2001]
[Amended 12-18-2001; 8-6-2002]
No trees in excess of 12 inches caliper shall be removed within the area bounded by a limit of land disturbance line without the prior approval of the Planning Board. The location, type (deciduous or evergreen), and estimated size (caliper) of all trees (i.e., trees to be removed and trees to remain) having a caliper of 12 inches or greater as measured at breast height and located within the limit of land disturbance area shall be shown on the preliminary minor and major subdivision plan or site plan. The regulated trees shall be clearly identified as trees to remain and trees to be removed. All trees within the area of disturbance which are intended to be preserved shall be shown on the detailed site grading plans and shall be protected with the appropriate measures pursuant to § 113-205C at the beginning of any site clearing or other land disturbance activities and before initiation of any site construction on the particular site.
[Added 4-2-1991 by Ord. No. 2:19Y-91; amended 9-3-2013 by Ord. No. 2013-6; 7-18-2023 by Ord. No. 2023-10]
A stormwater runoff from roof areas shall be transported to dry wells designed in accordance with § 113-204H of Part 4, Subdivision of Land, unless it shall be exempt in accordance with § 113-204I of Part 4, Subdivision of Land. The location, construction details and specifications for such facilities shall be shown on the site grading plan.
[Added 4-3-2001]
A.
APPLICATION FOR DEVELOPMENT
PRELIMINARY ASSESSMENT and PRELIMINARY ASSESSMENT REPORT
TOWNSHIP PROFESSIONAL
Definitions. Whenever a term, word or phrase is used in this chapter and is defined in N.J.S.A. 40:55D-1 et seq., or in Part 5 of the Land Use Chapter, Zoning, of the Code of the Township of Chester, such term, word or phrase is intended to have the meaning set forth in the definition of such term, word or phrase as found in said statute or in such ordinance, unless a contrary intention is clearly expressed from the context of this chapter.
The application form and all accompanying documents required
by ordinance for any approval of a subdivision plat, site plan, planned
development, general development plan, conditional use, zoning variance
or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34
or N.J.S.A. 40:55D-36.
A preliminary assessment and preliminary assessment report
conducted in accordance with the requirements and standards set forth
in N.J.A.C. 7:26E-3.1 and 7:26E-3.2 of the regulations of the New
Jersey Department of Environmental Protection (NJDEP) or any successor
regulations and the current American Society for Testing and Materials
standard practice for environmental site assessments (hereinafter
"ASTM Standards").
The Township Engineer or the Township Professional Planner.
B.
Requirement of preliminary assessment. Upon recommendation
of a Township professional in connection with any application for
development, the Township Planning Board or Zoning Board of Adjustment,
as applicable, may, in its reasonable discretion, require an applicant,
at the expense of the applicant, to cause to be prepared and submitted
to the Board a preliminary assessment report for the subject property.
The preliminary assessment report must be submitted to the Planning
Board and/or Zoning Board of Adjustment, as applicable, for review
and approval.
C.
Qualifications of persons performing preliminary assessment.
The individual who conducts the preliminary assessment and prepares
the preliminary assessment report shall provide a resume or curriculum
vitae as part of the report in order to demonstrate that the persons
conducting the preliminary assessment are qualified to do so based
upon education, previous project experience and the current ASTM Standards
to the satisfaction of the Planning Board or Zoning Board of Adjustment.
D.
Review by Township professionals; further investigation.
Based upon a review of the preliminary assessment report or other
information available to the Board, the Planning Board or Zoning Board
of Adjustment may require such other tests or studies as may be determined
to be reasonably necessary for the environmental safety and security
of the subject site, including, but not limited to, the preparation
and submission of a site investigation and site investigation report
in accordance with N.J.A.C. 7:26E-3.3 through 7:26E3.12 of the NJDEP
regulations or any successor regulations. In connection with the review
of any preliminary assessment report, site investigation report or
other information provided to the Board, the municipality will comply
with the discharge reporting obligations of local officials as set
forth in N.J.A.C. 7:1E-5.10.
E.
Remediation of contaminated sites. In the event that
remediation of the subject property is required, the Planning Board
or Zoning Board of Adjustment, as applicable, may, as a condition
of approval of the development application, require the submission
by the developer of a no further action issued by NJDEP as a precondition
to the issuance of any building permit for the subject property.
F.
Farmlands or orchards. Undeveloped land proposed for
residential development that has historically been used for farmland
or orchards shall also be subject to the site assessment and remediation
guidelines published in the New Jersey Department of Environmental
Protection's report entitled "Historic Pesticide Contamination Task
Force Final Report," dated March 1999.
