§ 363-6. Approval of application.

A. 

Approval procedure.

(1) 

Upon receipt of each land disturbance application, the district shall immediately forward one copy each to the Jackson Township Planning Board, the Jackson Township Environmental Commission and the Township Engineer. The Township Engineer and the Environmental Commission shall be requested to reply, in writing, to the district within 30 days. If no reply is received within 30 days, the district shall proceed as though the application were favorably reviewed.

(2) 

Upon a determination that the plan is satisfactory and in conformance with the requirements of this chapter, the district shall, by resolution, issue a permit to the applicant within a period of 30 days of submission of a complete application, unless by mutual agreement, in writing, between the district or its agent and the applicant this period is extended for an additional 30 days. Failure of the district or its agent to make a decision within such period or such extension thereof shall constitute certification.

(3) 

When, in the opinion of the district, unusual circumstances prevail, the district shall have the right to impose special conditions and requirements, including but not limited to the fixing of time schedules for completion of any part of the project and posting of performance and maintenance guaranties for any or all of the erosion control devices; provided, however, that such special conditions and requirements may not relate to those techniques and methods for controlling soil erosion and sedimentation which are prescribed in the standards.

B. 

After a soil erosion and sediment control plan has been approved, it shall be unlawful for the applicant or any person performing services and implementing the plan knowingly to deviate from, change, amend or modify the plan in any way, except in accordance with the provisions of Subsection C below.

C. 

Minor changes, amendments or modifications to a soil erosion and sediment control plan required as a result of conditions in the field during construction may be approved by the district agents, who shall in turn notify the district and Township thereof. Major changes, amendments or modifications to such a plan shall require the approval of the district.

D. 

If the title of the land is subsequently transferred, the new owner must follow the plan already approved or submit a new plan in accordance with this chapter.

E. 

Maintenance. Any applicant carrying out soil erosion and sediment control measures under this chapter, and all subsequent owners of the property upon which such measures have been carried out, shall adequately maintain all permanent control measures, devices and plantings in good order.

Amended 5-8-1979 by Ord. No. 14-79