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§ 113-202.
Drainage and conservation easement. |
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A.
Where
a subdivision contains wetlands or is traversed by a watercourse, drainage way,
channel or stream or where it is desirable to preserve other areas within a
subdivision because of soil conditions, rock outcroppings, tree masses,
wildlife habitat, vistas or other significant horticultural, environmental or
natural features, there shall be provided a drainage and/or conservation
easement of sufficient area and width to protect and preserve the
aforementioned features. Such easements shall be deeded to the Township prior
to final subdivision approval and shall carry the following limitations as
determined by the Planning Board:
(1)There
shall be no activity within the area detrimental to drainage, flood control,
water conservation, erosion control, soil conservation or fish and wildlife
habitat preservation.
(2)No
trees or shrubs shall be removed or destroyed on lands in the easement, except
in accordance with approved forest management practices.
(3)No
topsoil, sand, gravel or minerals shall be excavated or removed, except as may
be required to build a pond, and then only if the Township Engineer approves
the design and structure of the pond, it being the intent to preserve the
natural function of the floodplain.
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(4) |
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(5)No
fill of any kind shall be permitted, except as may be required to build a road,
and then only after the Township Engineer approves the design.
All
conservation easements shall be identified with concrete monuments conforming
to the Map Filing Law and identified with the letter "C." Monuments
shall be installed at all angle points and where the easement intersects lot
lines. The location of these monuments are to be shown
on the preliminary and final plans. [Added 6-20-1989 by Ord.
No. 2:19B-89]
C.If
conservation easements are required in connection with minor subdivision or
site plans, the monuments shall be installed prior to the issuance of any
building permit. If the property is actively devoted to crop farming so that
the installation of such monuments is impractical, the applicant shall post a cash deposit with the Township in an amount determined by
the Township Engineer to insure the installation of the monuments. The
monuments shall be installed not more than three years from the date of
approval of the minor subdivision or site plan. The Zoning Official may grant
an additional period or periods of time for such installation. The Zoning
Official may also require additional cash to be deposited in accordance with
any increase in the cost of survey and setting of the monuments. [Added
11-4-1991 by Ord. No. 2:19B1-91]
D.Violations
and penalties. [Added 3-21-1995 by Ord. No.
2:19J1-95]
(1)Violation
of the terms and conditions of a drainage or conservation easement established
pursuant to this § 113-202 shall be punishable by a fine of not less than $100
nor more than $500 or by imprisonment for not more than 30 days. If a violation
is not corrected or abated within 10 days after service of a stop-work order by
the Township Zoning Officer, it shall be deemed a separate and additional
violation. Each successive ten-day period during which the violation remains
uncorrected or unabated shall constitute a separate and additional violation.
(2)Any
activity which constitutes a violation of the terms or conditions or such
drainage or conservation easement initiated after service of a stop-work order
by the Zoning Officer shall be deemed a willful violation and shall be
punishable by a fine of not less than $500 nor more than $1,000 or by
imprisonment for not more than 30 days. If such willful violation is not
corrected or abated, each successive ten-day period during which the violation
remains uncorrected or unabated shall constitute a separate and additional
violation.