[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]]
A. A land disturbance permit shall be required for all
projects where:
(1)
The total proposed disturbance exceeds 5,000
square feet;
(2)
Slopes exceeding 15% are disturbed; or
(3)
Where a retaining wall is proposed to be constructed
within 25 feet of a property line.
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. Issuance of permit.
(1)
A land disturbance permit may be issued administratively
by the Township Engineer for a project which:
(a)
Proposes land disturbance specifically permitted
by ordinance;
(b)
Does not involve an application for subdivision
or site plan; or
(c)
Does not involve the construction of a retaining
wall within 25 feet of a property line.
(2)
All other applications for a land disturbance
permit shall be reviewed and approved by the appropriate Township
board.
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
|
E. A commercial farm, as defined in the Right to Farm Rules promulgated by the State Agricultural Development Committee (N.J.A.C. 2:76-2.1 et seq.), shall be exempt from the regulations contained in §
113-126, Land disturbance.
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]
The proposed site grading will not exceed the maximum allowable grading as allowed by this Part
3, §
113-114.
[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.