Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and septic systems — See Ch. 238.
Soil removal and erosion control — See Ch. 246.
Streets and sidewalks — See Ch. 250.
[Adopted 9-4-1990 by Ord. No. 1990-14]

§ 139-1 Submission of plan required before increase of impervious surface.

Anyone owning or having control over a dwelling or commercial building is prohibited from regrading the land to such an extent as to change the direction of surface water flow or to install a sump pump or pumps, to utilize roof drains or footing and foundation drains or field tile drains or to in any other way or through any other means increase impervious surface from patios, home additions, garden sheds, garages and greenhouses until a detailed plan covering such activity has been prepared and submitted to the Construction Official and Township Engineer for review.

§ 139-2 Review of plan.

The Construction Official and Township Engineer shall review the plan referred to in the preceding section to determine if the activity contemplated would substantially increase the flow of water from the applicant's property into municipal storm drains, including ditches and pipes, so as to create an unreasonable hazard, either to the drainage system itself or in general for the community.

§ 139-3 Decision; appeal.

A. 
In the event that the Construction Official and/or Township Engineer concludes that the proposed activity or use should not be undertaken, either of them shall submit a report to the applicant and to the Township Clerk/Administrator outlining the reasons why such activity or use is disapproved.
B. 
An applicant desiring to appeal the decision of the Construction Official and/or Township Engineer must, within 20 days of receiving said report, make application to the Land Development Board in the same manner and pursuant to the same procedures as would be followed in an application for a use variance pursuant to N.J.S.A. 40:55D-70, or any amendments or supplements thereto, and Chapter 130, Development Regulations, of the Code of this Township.
[Amended 1-20-2004 by Ord. No. 2004-1]

§ 139-4 Fees.

A. 
Upon application for review by the Construction Official and/or Township Engineer pursuant to this article, a fee of $50 will be assessed.
B. 
In the event of an appeal to the Land Development Board under this article, an additional fee of $50 will be assessed.
[Amended 1-20-2004 by Ord. No. 2004-1]
C. 
These fees are intended to defray the administrative costs and professional fees incurred by the municipality in conducting the review in the first instance and to defray similar costs and expenses in the event of an appeal.

§ 139-5 Effect of other provisions.

This article shall apply in all cases and to all owners or users of property affected, notwithstanding the fact that other ordinances may exempt from regulation the principal use to which said property is dedicated.

§ 139-6 Violations and penalties.

[Amended 8-3-1992 by Ord. No. 1992-6]
A. 
Maximum penalty. For violation of any provisions of this Article, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
B. 
Separate violations. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
D. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.
E. 
No violation shall be deemed to occur during the period of an appeal as provided for in this article.
[Adopted 10-5-1990 by Ord. No. 1990-18]

§ 139-7 Piping prohibited.

Anyone owning or having control over a dwelling or commercial building that is located adjacent to or in close proximity with a ditch owned and/or maintained by the Township of Lumberton is prohibited from placing pipes of any kind from said dwelling or commercial structure to said ditch for the purpose of transporting liquid substances of any kind.

§ 139-8 Removal at expense of owner.

Upon discovering piping placed in violation of this article, the Township, through its Zoning Officer, Police Department or Public Works Department, may order said piping removed within a reasonable time, and in the event that it is not removed within the time period set, the Township may arrange for its removal at the expense of the property owner or person having control over said property. In the event that the Township must remove said pipe, the complete cost for the same shall be assessed against the property and shall become a lien thereon.

§ 139-9 Violations and penalties.

[Amended 8-3-1992 by Ord. No. 1992-6]
A. 
Maximum penalty. For violation of any provisions of this article, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
B. 
Separate violations. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
D. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.