[HISTORY: Adopted by the Township Council of the Township
of Logan 12-27-2012 by Ord. No. 12-2012. Amendments noted where applicable.]
A.
The purpose of this chapter is to protect the health, safety and
welfare of persons and property within Logan Township by requiring
licensing which seeks to ensure the proper operation, procedures,
future development and safeguards involving all soil and fill importation
and placement activities within the Township.
B.
Additionally, the Township Council has determined that development
of property without appropriate regard to grading and drainage can
cause adverse conditions on neighboring properties, including public
roads and rights-of-way due to flooding caused by water runoff. The
New Jersey Department of Environmental Protection (NJDEP) Site Remediation
Program (SRP) fill guidance is applicable to only those sites with
defined areas of concern (AOCs), thereby leaving all other properties
outside of the SRP with no guiding authority or oversight other than
the Township; and any placement of material within SRP sites can be
performed with little or no regard to future development activities.
Accordingly, the Township has a reasonable basis and concern to ensure
that the importation of fill material, the placement of fill material,
and/or the relocation of fill material into or within the Township
be of clean and sound quality, free of contaminants and/or be consistent
with any potential future development activities in order to protect
the health, safety and welfare of the public.
As used in this chapter, the following terms shall have the
meanings indicated:
The construction, reconstruction or relocation of any structure;
land regrading or disturbance of 5,000 square feet or more; and/or
any subdivision of land classified as a major subdivision by the Logan
Township Planning Board.
A permit approval issued by the Logan Township Council.
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a soil or fill importation or placement
operation, including the holder of an option or contract to purchase,
or other person with an enforceable proprietary interest in such land
and the explicit right to apply for and/or conduct the activities
described in this chapter.
Whether used separately or together, include both surface
(or top) soil and subsoil, and shall include dirt, stone, gravel,
sand, humus, clay, loam, rock, limonite, mixtures of any of these
and all items included in the NJDEP SRP Alternate and Clean Fill Guidance
for SRP Sites dated December 29, 2011 (Version 2.0) and any subsequent
addendum, which is incorporated herein by reference.
A.
Permit required. No person shall import or relocate soil and/or fill
within the Township in an aggregate quantity in excess of 2,500 cubic
yards during any three-hundred-sixty-five-day period without obtaining
a soils permit from the Township Council.
B.
Annual renewal required. A permit obtained pursuant to this chapter shall expire one year after the date issued. A person holding an expiring license who intends to continue operations past the date of expiration must complete a renewal application in a timely manner so as to ensure that no lapse occurs. Each day of such a lapse may incur penalties pursuant to § 133-21.
C.
New operations. Any person(s) seeking to initiate new soil or fill
operations, to be established after the effective date of this chapter
within any area of the Township must first secure a permit pursuant
to the provisions of this chapter before beginning operations.
D.
Preexisting operations. Any person(s) conducting a soil or fill operation
already lawfully in operation prior to the effective date of the ordinance
codified in this chapter may continue such operation, subject to the
following conditions:
(1)
The limits of any preexisting operation shall end at least 200 feet
from any property line. Preexisting operations less than 200 feet
from any property line shall not be extended farther unless approved
by Council in accordance with this chapter.
A.
Application form. Applications for a permit to import soil or fill
shall be filed with the Township Clerk on forms supplied by the Township
in accordance with the procedures hereinafter set forth. The Clerk
shall forward the application to the Township Engineer. The Township
Engineer shall determine the completeness of the application. Failure
to submit a complete application shall not extend the deadline for
submission of an application required by this chapter.
B.
New operation prohibited until licensed. Persons seeking a license
for a new soil or fill activity not active and in existence on the
effective date of this chapter shall not commence such operation until
a license has been issued in accordance with this chapter.
C.
Preexisting operations temporarily permitted. Person(s) conducting
soil or fill operations on the effective date of the ordinance codified
in this chapter shall submit initial applications on or before 90
days from the effective date of this chapter in accordance with the
procedures hereinafter set forth. The Township Council, for good cause
shown by the applicant, may grant one forty-five-day extension to
this deadline. Preexisting operations may continue except as proscribed
by this chapter.
D.
Processing deadlines, general. Within 45 days of the date of submission
of a complete application, the Township Engineer shall review the
application in accordance with the procedures established in this
chapter and submit his/her findings to the Township Council. Council
shall then decide whether to issue the permit on or before the second
regular Council meeting after submission of the findings by the Township
Engineer.
A.
Permit fee. The annual permit fee shall be $500 per acre of land
proposed to be disturbed for fill moving within one property, between
contiguous properties and/or properties of common ownership and/or
control; or $1 per cubic yard for material imported into the Township,
to be paid upon submission of the initial application and any annual
renewal application. Any estimates used for calculating fees shall
be subject to an annual audit for reconciliation. No subsequent annual
permits shall be issued until all prior fees have been paid.
B.
Expiration date of license. The license shall expire one year after
the date of issuance.
The Logan Township Council shall not consider any application
for a permit for soil and fill operations unless the applicant has
deposited with the Township Clerk initial escrow moneys in the amount
of $5,000 for engineering, legal and other costs generated by an application
and filed with the Township Clerk an application requesting such license.
A minimum escrow balance of $1,500 shall be maintained. The application
shall include the following information and shall be accompanied by
a map or maps which indicate the following:
A.
Certification that current taxes have been paid for the premises.
B.
The boundary lines of the whole tract of land within which the proposed
soil or earth importation will take place.
C.
The limits and boundaries of the proposed work area, showing the
location of markers or monuments set on or in the ground to define
said limits.
D.
A United States Geological Survey quadrangle map showing the dimensions
of the property and an area of at least 1,000 feet beyond such boundary
in all directions.
E.
The lot and block numbers of the subject parcel and all adjoining
land as shown on the Official Tax Map and an identification of the
owners thereof.
F.
The existence of a permanently established benchmark or benchmarks
approved by the Township Engineer, for which there has been established
vertical and horizontal control based on the New Jersey plane coordinate
system and National Geodetic Vertical Datum.
G.
The existing contour lines and grades and proposed contour lines
and finished grades for the entire proposed work area; contour lines
should normally be at one-foot intervals.
H.
The location of all existing and proposed streets and rights-of-way,
excluding those included within the area to be mined.
I.
The location of all points of ingress and egress to the tract of
land.
J.
The location of all streams, wetlands, and significant vegetation,
forest associations and wildlife habitats.
K.
A soils map.
L.
A soil/fill reclamation plan which includes:
(1)
Method of stockpiling topsoil and overburden.
(2)
Proposed grading and final elevations.
(3)
Topsoil material application and preparation.
(4)
Type, quantity and age of vegetation to be used.
(5)
Fertilizer application including method and rates.
(6)
Planting method and schedules.
(7)
Maintenance requirements schedule.
M.
Provision for the control of stormwater runoff from the work area as required by Chapter 95 of the Code of the Township of Logan; the applicant should give consideration to the need for detention and/or retention and/or sedimentation basins so as to minimize possible adverse conditions resulting from uncontrolled runoff and sedimentation.
N.
An erosion and sediment control plan that has been approved by the
Gloucester County Soil Conservation Service.
O.
Description and details of proposed rehabilitation, stabilization
and reforestation of the proposed work area.
P.
The intended use of the work area subsequent to completion of the
excavation.
Q.
An agreement that the applicant agrees to indemnify the Township,
its officers, employees and agents harmless from any and all costs,
by reason of any work performed under said permit. The acceptance
of any permit under this chapter shall constitute such an agreement
by the applicant.
R.
Description and details of proposed safety measures to be taken during
operations to eliminate unsafe and hazardous conditions, extensive
erosion and ponding of water.
S.
The location of all existing structures, buildings and/or dwellings
within 300 feet of the property fine; proof of receipt of written
notification of the application by each of the landowners and/or occupants
within 300 feet shall be attached to the application.
T.
A study showing the effect, if any, that the proposed work will have
on the elevation, movement, quantity or quality of groundwater and/or
surface water within the Township, or affecting adjacent property
owners.
U.
Written consent of the owner of the premises containing the proposed
work area, if the owner is other than the applicant.
V.
The appropriate fees required by this chapter.
W.
An environmental impact statement, in triplicate, signed and sealed
by a New Jersey licensed engineer or a New Jersey licensed professional
planner, which shall include at a minimum all considerations and elements
contained in the attachment to Executive Order No. 215 of 1989 (Guidelines
for the Preparation of an Environmental Impact Statement/Environmental
Assessment, revised and updated — 4/23/2002), and
as subsequently revised and amended.
[Amended 5-16-2023 by Ord. No. 14-2023]
X.
Soil importation donor site details consistent with NJDEP Site Remediation
and Waste Management Program, Fill Material Guidance for SRP Sites
dated October 2021 (Version 4.0), and as subsequently revised and
amended.
[Amended 5-16-2023 by Ord. No. 14-2023]
Y.
For sites zoned for or proposing residential development, a complete
site plan indicating the location, volume, contaminant loading, height
and/or depth of fill material.
An application shall be approved only if the applicant can demonstrate
that the proposed operation:
A.
Is designed so that no area of excavation, sedimentation pond, storage
area, equipment or machinery or other structure or facility is closer
than 200 feet to any property line, unless the applicant demonstrates
that a distance between 100 and 200 feet shall not result in adverse
off-site environmental impacts.
B.
Provides that all topsoil that is necessary for restoration will
be stored on the site but not within 200 feet of any property line
unless the area proposed for storage is unforested and shall be restored;
and that the topsoil will be protected from wind and water erosion.
C.
Is fenced or blocked so as to prevent unauthorized entry into the
operation through access roads.
D.
Provides ingress and egress to the operation from public roads by
way of washed gravel driveways to minimize sediment transport onto
public roads.
E.
Is designed so that surface runoff shall be maintained on the parcel
in a manner that shall provide for on-site recharge to groundwater.
F.
Will not involve excavation below the seasonal high-water table,
unless the excavation will serve as a recreational or wildlife resource
or a water reservoir for public, agricultural or industrial uses or
for any other use authorized in the area in which the site is located,
provided that in no case shall excavation have a depth exceeding 40
feet below the natural surface of the ground existing prior to excavation
unless it can be demonstrated that a depth greater than 40 feet shall
result in no significant adverse impact relative to the proposed final
use or to off-site areas.
G.
Will be carried out in accordance with a deposition schedule which
depicts the anticipated sequence, as well as anticipated length of
time that each parcel or portion of a parcel proposed for deposition
shall be worked.
H.
Will involve restoration of disturbed areas at the completion of the operation in accordance with § 132-20, and the implementation of the restoration plan is secured by a performance guaranty.
I.
Will not involve unreclaimed clearing of land exceeding 100 acres
or 50% of the area to be mined, whichever is less, for surface excavation
at any time.
J.
Will not involve fill within the floodplain unless specifically approved
by the New Jersey Department of Environmental Protection (NJDEP) with
the appropriate land use approvals.
A.
Factors to be considered. The Township Council in considering and
reviewing the application and in arriving at its decision shall be
guided by and take into consideration the public health, safety and
general welfare, and particular consideration shall be given to the
following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage.
(3)
Soil fertility.
(4)
Lateral support slopes and grades of abutting streets and ramps.
(5)
Land values and proposed uses.
(6)
Zoning classification and the zoning plan.
(7)
Impact on quality of groundwater and/or surface water.
(8)
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township.
(9)
The comments and recommendations of the Township Engineer.
B.
Granting of permit. If, after examining the application and the information, maps, plans and data required by §§ 133-6 and 133-7, the Township Council shall be of the opinion that the proposed soil or fill importation and/or placement will not create conditions inimical to the public health, welfare and safety, including those that may be affected by future development, and shall not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems, lowered groundwater or other conditions of danger, a permit may be issued. The Township Council may impose additional conditions as it may see fit to insure that the purposes of this chapter shall be satisfied.
Should the Township Council reject the application, applicant
may request a hearing by making written request to the Township Council,
which hearing shall be held within 30 days after the first Township
Council meeting at which the request was received.
Any application for a permit for soil or fill activities pursuant
to this chapter shall be reviewed and recommended for approval by
the Township Engineer prior to the issuance of such permit.
[Amended 11-21-2023 by Ord. No. 22-2023]
Before any permit for soil or fill activities shall be issued,
the owner or applicant shall file with the Township Clerk for approval
by the Township Council a performance guaranty in a form permitted
by N.J.S.A. 40:55D-53 of the Municipal Land Use Law. The form and
content of such guaranty shall be reviewed and approved by the Township
Attorney and shall be in such amount as in the opinion of the Township
Engineer shall be sufficient to ensure the faithful performance of
the work to be undertaken pursuant to this chapter. Ten percent of
the guarantee amount shall be posted in cash. The minimum amount of
such guarantee shall be the greater of $5,000 per acre of potential
disturbance or $5 per cubic yard of imported material as indicated
in the applicant's submission documents unless otherwise calculated
by the Township Engineer.
A.
Any permit under this chapter shall be renewed annually under the
following conditions:
(1)
If the appropriate annual fee for such license is tendered with the
application.
(2)
If the applicant has not permitted or suffered a condition which
would violate this chapter to go uncorrected.
(4)
If the applicant has complied with the requirements of this chapter
relating to grading, seeding and reforestation of the area of the
site where modification has taken place.
(5)
If all current taxes on the site for which license renewal is sought
have been paid.
(6)
If the applicant is not in violation of any state, county or municipal
law, ordinance or health regulation as a result of any activity or
operation under this chapter.
(8)
If the applicant is in compliance with the requirements for a performance guaranty under § 133-11.
(9)
If all fees and charges due the Township as a result of operations
by the applicant under this chapter have been paid.
B.
Time for renewal application. An applicant for renewal of a license
hereunder shall make application for renewal sufficiently prior to
the expiration of the then current license, but in no case less than
60 days prior thereto, to permit necessary consideration of the application,
supporting documents and necessary inspection to allow issuance of
the renewal license on or before the expiration of the then current
license. Renewal applications shall be referred to the Township Engineer,
who shall submit his findings to the Township Council at least 14
days prior to the renewal date.
A.
Amount required. An original application for a license under this
chapter shall be accompanied by a certificate of public liability
insurance reflecting the issuance of a policy of public liability
insurance to the applicant, wherein the Township is named as coinsured
for damages arising out of any activity of the applicant under a license
issued under this chapter, in an amount not less than $500,000/$1,000,000
for death or bodily injury; $100,000/$250,000 for property damage;
and $5,000,000 pollution liability if alternate fill is to be imported
and/or utilized on the site.
For purposes of enforcing this chapter, the Township Engineer
is designated as the enforcing officer. It shall be the duty of the
Township Engineer to make physical inspections in connection with
any application for a permit or renewal permit hereunder and, in addition,
at least one other physical inspection at an interval of approximately
three months following approval of the application. It is an express
condition of any permit granted pursuant to this chapter that the
enforcing officer be permitted unlimited and unconditional access
to the operation and any fill source locations at any time.
A.
No license shall be granted which will permit a licensee to, and
no licensee shall:
(1)
Place or disturb any soil or fill unless and until the owners of
the lands on which the soil or earth is proposed to be removed has
signed a written consent thereto and has filed the same with the Township
Clerk, unless the applicant for license is such landowner, in which
event the applicant shall so state. If a consent is required hereunder,
it shall accompany the application to be filed with the Township Clerk.
(2)
Either begin or continue the importation or disturbance of any soil
or fill from any land until an annual license fee as elsewhere herein
provided has been paid to the Township and a license therefor has
been issued and is in full force and effect.
(3)
Begin to operate and engage in said activities until the corners
and exterior lines of the licensed premises have been staked and marked
so that the licensed area shall be clearly designated and in order
that no public highway or private property of another shall be endangered
by the proposed business. The licensee shall have a licensed New Jersey
land surveyor stake and mark said area. The Township Engineer shall
examine said exterior lines and recommend the approval of the same
to the Township Council. Such stakes and markings shall be maintained
at all times on the licensed premises by the licensee.
(4)
Prevent or attempt to prevent or hinder the Township Council or any
of its authorized employees or representatives from viewing, inspecting
or examining the permitted premises at any reasonable time.
(5)
Permit any unattended child or children upon the permitted premises
or do anything to permit or cause the permitted premises to be or
continue as a source of danger to children or adults.
(6)
Construe his/her or its permit to cover any area or parcel of land
other than the area, lot or parcel described in his, her or its license.
(7)
Disperse liquids, bury any old lumber, building materials, tanks,
drums, debris, cut or dead trees, stumps, brush, tires or other forms
of hazardous or solid waste on any premises for which a permit hereunder
has been issued.
(8)
Commence operations before 7:00 a.m. or continue operations after
7:00 p.m. Operations shall be confined to Monday through Saturday.
B.
No permit shall be granted to conduct a business hereunder within
300 feet of an existing home, unless the owner and adult occupants
of said home are notified by letter delivered personally or via certified
mall.
C.
No permittee shall operate the permitted premises in such a manner
that any natural stream of water shall be interfered with or have
its course altered to the detriment of any other person or landowner.
No permittee shall substantially alter, change or interfere with any
natural watershed or natural surface watercourse, or groundwater aquifer.
No permittee shall detrimentally interfere with or affect the natural
drainage of any land other than that being permitted hereunto, nor
shall the permit cause serious erosion and/or sedimentation of any
stream. Proper precautions shall be taken to avoid sedimentation of
streams or watercourses. The permittee shall adhere to New Jersey
Department of Environmental Protection (DEP) flood hazard rules and
regulations, wetlands regulations, waterfront development and soil
erosion and sediment control standards.
D.
No permittee shall permit at any permitted premises any vehicle intended
to be used to import material to the permittee on any public highway
or road, unless such material is covered and said vehicle proposed
to be loaded has a tight body. Vehicles to be used for transport shall
be well constructed so as to prevent spillage onto roadways.
E.
No permutes shall disturb any soil or earth by any means whatsoever
below the surface of any street, road, highway or other thoroughfare
or at any point nearer said street, road, highway or other thoroughfare
than 100 feet.
Where residential dwellings are located within 300 feet of the boundary line of the tract from which soil or earth is to be removed, a screening strip of trees or dense growth, or both, shall be provided to screen the soil operations from the view of such residential dwellings. This buffer strip shall have a minimum width of 15 feet and shall extend longitudinally along the boundary of the tract and said residential lands to screen the operation. The operator shall comply with the ordinance of the Township of Logan with respect to noise levels (Chapter 112) and hours of operation.
No person engaging in activities permitted under this ordinance
shall allow or permit any dangerous condition to result from the transportation
of soil or fill on any public road or highway. The public roads and
highways in close proximity to the permitted area shall be kept clear
of loose dirt. In the event any violation of this section exists,
the Township shall be authorized to rectify the situation, and the
cost of such work will be borne by the applicant. The same will apply
to drift onto roads passing through or adjoining the site area. In
no event shall said roads be closed, destroyed or made impassable
in any way.
An applicant, after having been issued a license under this
chapter, shall not remove from the site the top layer of arable soil
to a depth of six inches, but shall set this soil aside for retention
on the premises and shall respread it over the premises when the soil
or earth has been removed, or sooner, at the direction of the Township
Engineer, pursuant to levels and contour lines and grades as approved
by the Township Council. Said topsoil stripped from the work area
shall be stockpiled and protected in accordance with Standards for
Soil Erosion and Sediment Control in New Jersey at the work area and
shall be used as needed for site restoration.
A.
The deposition of soil or earth shall be conducted in such a manner
that there shall be no sharp declivities, pits or depressions and
in such a manner that the area shall be properly leveled off, cleaned
of debris and graded to conform to the contour lines and grades as
approved by the Township Council.
B.
The minimum slope grading standards shall be not steeper than five
feet horizontal to one foot vertical; provided, however, that the
grade of slope shall not commence until the appropriate setback requirements
have been met. The top of slope shall be a minimum of 200 feet from
the adjoining property lines.
A.
Prior to the commencement of deposition operations under any license
issued pursuant to this chapter, the overburden or topsoil, where
found, shall be stripped to the depth of six inches and stockpiled
on the premises.
B.
A licensee shall, within 60 days of the conclusion of the deposition
operation, or within 60 days of having removed soil or earth to the
planned grade as shown on the contour map filed in support of the
application whichever shall first occur, regrade, seed and reforest
said licensed premises as hereinafter provided. In the event the licensee
has not completed its operation on the licensed premises, or removed
earth to planned grade, within one year from the issuance of the original
license for the premises in question, then, in that event, the licensee
shall grade, topsoil, seed and reforest such portion or portions of
the licensed area from which soil or earth has been modified but which
no longer will be modified and which does not interfere with the balance
of the licensed area. Said work shall be done within 60 days of the
expiration date of the aforementioned original or renewed license.
C.
Said licensee shall respread the stockpiled overburden or topsoil
over the deposition area, including slopes, to a minimum depth of
four inches and shall prepare it so as to be capable of supporting
a cover crop. If this soil is at a pH of 5.0 or lower, it shall be
amended by spreading agricultural limestone over the restoration area
at a rate of two tons per acre. This area shall be graded, raked and
seeded with an approved cover crop. Said seeding shall be at the following
minimum rates: 10 pounds per acre cover crop with 5-10-10 (N-P-K)
fertilizer spread at 400 pounds per acre.
D.
The land shall be reforested in accordance with an approved procedure
accepted by the Township Engineer and the Township Council. The applicant's
plan shall include a description of detailed soil stabilization measures
and permanent revegetation which meet accepted practices and have
been approved by the Gloucester County Soil Conservation District
as part of a certified soil erosion and sediment control plan.
E.
Upon acceptance of the restoration of the site or portion of the
site by the Township Engineer, the licensee shall furnish a maintenance
guaranty to the Township Council for approval; said guaranty to be
reviewed by the Township Engineer as to adequacy of amount and by
the Township Attorney as to form and content; provided that, in no
event, shall such maintenance bond be less than $2,500 per acre of
the licensed premises. The maintenance guaranty shall be maintained
in full force and effect for a period of two years from the date the
restoration has been inspected and approved by the Township Engineer.
The maintenance guaranty shall not be released until reforestation
has been established to the satisfaction of the Township Council and
shall be extended in the event reforestation has not been established.
Any person, firm or corporation violating any of the provisions
of this chapter shall be subject to a fine not exceeding $5,000 per
day and/or imprisonment in the County Jail for a term not exceeding
90 days, in the discretion of the Judge before whom such conviction
shall be had. Each and every violation of and nonconformance with
this chapter, or each day that any provision of this chapter shall
have been violated, shall be construed as a separate and distinct
violation thereof.
A.
Suspension or revocation. Any permit issued under this chapter may
be suspended or revoked by the Township Council:
(1)
Where the applicant or permittee has violated or refused to comply
with any provision of this chapter.
(2)
Where the permittee conducts a deposition operation without having
a special use permit covering the land upon which such operation is
or has been conducted.
(3)
Where the permittee has failed to pay or caused to be paid any taxes
upon the lands covered by his, her or its license.
(4)
Where the permit is in violation of any federal, state, county or
municipal law or ordinance or health regulation as a result of any
activity or operation under this chapter.
(5)
Where any operation of the permittee under this chapter endangers
the person or property of adjoining landowners or other persons in
the Township.
(6)
Where it is found that the applicant submitted false, incomplete
or misleading information.
B.
Procedure for suspension or revocation of license.
(1)
Whenever the Township Engineer and the Township Council determine
that there are reasonable grounds to believe that there has been a
violation of any provisions of this chapter, they shall give notice
of such alleged violation to the person or persons responsible therefor
as hereinafter provided. Such notice shall be in writing, include
a statement of the reasons why it is being issued, allow up to 30
days for the performance of any act it requires, be served upon the
owner or his agent, and contain an outline of remedial action which,
if taken, shall effect compliance with the provisions of this chapter.
Such notice shall be deemed to be properly served upon such owner
or agent if a copy thereof is served upon him personally, if a copy
thereof is sent by certified mail to his last known address as shown
on the application, if a copy thereof is posted in a conspicuous place
in or about the licensed premises involved, or if he is serviced with
such notice by any other method authorized or required under the laws
of this state.
(2)
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this chapter may request
and shall be granted a hearing on the matter before the Township Council,
provided that such person shall file written notice of the request
with the Township Clerk, setting forth a brief statement of the grounds
therefor, within 10 days after service of notice upon him. Upon receipt
of such written request, the Township Clerk shall set a time and place
for such hearing and shall give the petitioner written notice thereof.
After such hearing the Township Council shall sustain, modify or withdraw
the notice. If the Township Council sustains or modifies such notice,
it shall be deemed to be an order which, at the discretion of the
Township Council, may operate as a revocation of the license. Any
notice served pursuant to this chapter shall automatically become
an order if a written request for a hearing is not filed with the
Township Clerk within 10 days after such notice is served.
C.
Emergency permit suspension or revocation procedure.
(1)
Whenever the Township Engineer and the Township Council find that
an emergency exists which requires immediate action to protect the
public health or safety, they may, without notice or hearing, issue
an order reciting the existence of such an emergency and requiring
that such action be taken as they deem necessary to meet the emergency.
Notwithstanding any other provisions of this chapter, such order shall
be effective immediately.
(2)
Where a permittee or owner requests in writing a hearing on an emergency
suspension, such hearing shall be held within 72 hours of the receipt
of the written request by the Township Council. After such hearing,
the Township Council shall continue such order in effect, modify it
or revoke it.
A.
In granting a permit, the Township Council may require the applicant
to install or cause to be installed adequate and suitable traffic
warning signs and markers in the area where any access road enters
any public road, at such places as the Township Engineer shall direct.
B.
The Township Council expressly reserves the right to change, alter, modify, revoke or refuse to renew any license issued under this chapter at any time and to regulate the hours of operation after written notice to the applicant of such intention, including the reasons for such action, and after an opportunity to be heard at a public hearing. Any action taken by the Township Council pursuant to this subsection shall be governed by the standards and procedures set forth in §§ 133-21 and 133-22.
C.
The Township Council may, whether an application for a license is
granted or denied, deduct up to $1,000 from the escrow moneys deposited
with the Township Clerk for payment of any inspection expenses and
services to which the Township has been put in having the maps or
plans, application and any other submitted data inspected and checked
by its Township Attorney, Township Engineer and other officials, or
any of them. All such charges shall be and remain municipal funds
for the use and benefit of the Township. The balance not so deducted
shall, upon release, be returned to the applicant. This provision
shall not limit use of escrow funds to pay for other professional
services generated by submission of an application pursuant to this
chapter.
D.
The Township Council may institute a civil action for injunction
or other equitable relief if the applicant violates any provision
of this chapter or a condition of his, her or its license.
E.
The Township Council shall have the right to set aside and invalidate
any permit in violation of the provisions of this chapter or nonconformance
therewith, which license was procured through misrepresentation or
falsification in applying for such license or the failure to file
a contour map or report as required by this chapter.
No exceptions or variations from strict compliance are permitted
for properties not under the jurisdiction of NJDEP SRP. Any person
seeking a permit for AOC areas under the jurisdiction of NJDEP SRP
may request a variation(s) from strict compliance with this chapter
upon written application therefor to the Township Council. The request
for verification may be approved by the Township Council, after report
thereon by the Township Engineer, upon a determination that:
A.
Any variation or modification of any requirement of this chapter
shall not in any material way alter the standards of the Chapter and
shall not affect detrimentally the health, safety or welfare of persons
on the premises or occupants or owners of adjacent premises or of
the neighborhood wherein the subject premises are located, or the
public generally.
B.
The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this chapter.
C.
The applicant can demonstrate to the satisfaction of the Township
Engineer that there are appropriate existing controls, oversight and/or
permitting by other governmental agencies that are consistent with
the objectives of this chapter and that are sufficiently protective
of the health, safety and welfare of persons and property of the Township
of Logan.
The permit issued under this chapter is not transferable, and
the holder of the license shall be solely responsible for the provisions
specified in this chapter.
