[Ord. No. 05-11 § 1]
As used in this chapter:
PERSON
Any developer, organization, individual, company, corporation,
partnership, limited liability company, limited liability partnership,
or any other form of business entity.
SITE
The Block(s) and Lot(s) that is named on the application
form and is the location of a project.
SOIL DISTURBANCE
Any movement of soil including, movement of soil within one
site or movement of soil from one site to another site regardless
of its destination. This also includes movement of soil on land disturbed
previously as a result of a previous project or development.
TOPSOIL
Soil that, in its natural state, constitutes the top layer
of earth, and is composed of 2% or more, by weight, of organic matter
and has the ability to support vegetation.
[Ord. No. 05-11 § 1]
Any soil disturbance that results in a change in grade or elevation of two feet or more but does not fall within the limits set forth below in §
20-3, shall require approval from the Township Engineer. A grading plan shall be prepared and submitted to the Township Engineer for approval. There is no permit or fee associated with the approval of grading plans.
[Ord. No. 05-11 § 1]
Before any permit or permission for soil disturbance is granted
or issued, the owner or applicant shall file with the Township Clerk,
in such amount as in the opinion of the Township Engineer shall be
sufficient, a performance guarantee, in a form satisfactory to the
Township Attorney, consistent with the guarantee form permitted under
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. to insure the
faithful performance of the work to be undertaken, pursuant to the
permission granted by the Township Council, pursuant to the provisions
of this section. For those soil permit applications submitted in connection
with an application before the Planning Board or Board of Adjustment,
said performance guarantee may be included in the guarantee required
by the developer's agreement. As constructed contour map shall
be filed and approved by the Township Engineer prior to the release
of any bond required.
[Ord. No. 05-11 § 1]
Notwithstanding anything herein to the contrary, a soil disturbance
permit shall not be granted pursuant to this chapter in conjunction
or related to a use not permitted for or on the relevant property
by the Zoning Ordinance.
[Ord. No. 05-11 § 1]
The owner of the site or the person in charge of the disturbance
of soil, when permission has been duly granted, shall not take away
the top layer of arable soil to a depth of six inches, but such top
layer of arable soil to a depth of six inches shall be set aside for
retention on the site, and shall be respread over the site when the
rest of the soil has been removed pursuant to levels and contour lines
approved by the Township Engineer.
[Ord. No. 05-11 § 1]
The Township Engineer is hereby designated as the officer whose
duty it shall be to enforce the provisions of this chapter. The Township
Engineer shall from time to time, upon the Township Engineer's
own initiative and whenever directed by the Mayor or Council, inspect
the site for which permits have been granted to ensure compliance
with the terms of the permit of this section. In addition, once all
soil disturbance is complete, the Township Engineer shall inspect
the site to determine whether the actual soil disturbed is consistent
with the soil disturbance permit issued. In the event more soil is
disturbed than authorized by the soil disturbance permit, the applicant
shall submit the additional fees due. The additional fees due shall
be calculated using the fee for the total soil disturbed minus the
fees already paid. In no event shall fees paid for soil disturbance
permit be refunded by the Township.
[Ord. No. 05-11 § 1]
Any person violating any of the provisions of this chapter shall be subject, upon conviction,, to the penalties stated in Chapter
1, Section
1-5.