[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 11-21-2005 by Ord. No. 2005-18.
Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 129.
Streets and sidewalks — See Ch. 225.
Flood damage prevention — See Ch. 281.
Land use procedures — See Ch. 291.
Soil removal — See Ch. 297.
Stormwater control — See Ch. 301.
Subdivision of land and site plan review — See Ch. 305.
Zoning — See Ch. 310.
In order to provide against the adverse consequences of uncontrolled
surface water drainage, prevent the increase in stormwater runoff from a site
and to prevent soil erosion and control sediment deposition associated with
land disturbance, including but not limited to construction activities, a
lot grading plan shall be submitted and approved prior to the issuance of
a construction/zoning permit for the following activities:
A.
The erection of any new structure, any addition, repair
or renovation to an existing structure involving an extension of the foundation
of the existing structure, any of which is not shown upon an approved site
plan; or
B.
Any of the following activities, if not shown upon an
approved site plan:
(1)
Land disturbance, except for the purposes of turf replacement,
of 1,000 square feet or greater;
(2)
Placement of more than 20 cubic yards of fill, excluding
mulching;
(3)
Land disturbance of less than 1,000 square feet or placement
of less than 20 cubic yards of material if the project affects any critical
areas;
(4)
Land disturbance within five feet of the property line
that impacts drainage;
(5)
Removal of more than three trees.
A.
Notwithstanding the foregoing, the Borough Construction
Official may grant a waiver from the requirements of this chapter with respect
to an addition to a single-family dwelling if the Borough Construction Official
determines that the project involves less than 1,000 square feet of impervious
coverage, does not affect any drainage or critical areas, and does not require
any significant changes in the existing grading of the lot. Any such determination
shall be made upon the basis of the construction plans and such further information
as may be requested from the owner of the property by the Borough Construction
Official.
A lot grading plan showing the proposed final grading of the lot shall
be reviewed and approved by the Borough Engineer in accordance with the provisions
of this chapter and more specifically as follows:
A.
The lot grading plan shall be approved by the Borough
Engineer prior to the issuance of a construction permit.
B.
Upon construction of the foundation, and prior to framing
or other further construction, the applicant shall submit an as-built foundation
survey confirming that the first floor elevation of the building is within
the 18 inches of the first floor elevation as shown on said approved subdivision
plat. If the property is not the subject of a grading plan on an approved
subdivision plat, the as-built foundation survey shall confirm that the first
floor elevation is located within 18 inches of the elevation as shown on the
lot grading plan.
C.
Following the completion of construction, the owner shall
provide an as-built survey of the site for approval by the Borough Engineer.
D.
The plan shall be prepared by a professional engineer
licensed in New Jersey and shall be drawn to a scale of not less than one
inch equals 50 feet, but may be supplemented by a key map of smaller scale,
and shall be prepared in sufficient detail to show the following:
(1)
The existing surface drainage pattern as it affects the
subject property and all abutting land;
(2)
The elevation of the street at each limit of the frontage
of the subject property and a permanent feature such as a manhole rim or set
corner or similar structure;
(3)
The location of any existing streams, watercourses, ponds,
storm sewers or drainage facilities which relate to drainage of surface waters
from the subject property;
(4)
Any proposed storm sewers, ditches or other drainage
facilities which will receive surface waters from the subject property;
(5)
The proposed location of the structure for which a construction
permit is being sought;
(6)
The elevation of the finished garage floor, top of foundation,
first floor of the structure, and top of finished roof ridge proposed for
the subject property, and the proposed lowest elevation within 15 feet of
the proposed structure;
(7)
The proposed location of all roof leader drains, driveways,
dry wells, utility lines below ground and any individual sewage disposal system;
(8)
The outer limits of all areas in which any grading or
filling is proposed on the subject property;
(9)
Any proposed changes in the existing surface drainage
pattern which will result from the construction proposed for the subject property,
including any proposed changes on abutting lands;
(10)
All existing trees with trunks exceeding four inches
in diameter measured at a point four feet above the existing ground level,
which trees are located within the outer limits of the areas mentioned in
Subsection D(8) above as well as within 10 feet of the outer limits of any
such areas;
(11)
Topography reflecting contours at two-foot intervals.
(12)
Top of wall and toe of wall elevations of all proposed
retaining walls shall be clearly delineated at regular intervals on the plan.
Three copies of each required lot grading plan shall be filed with the
Borough Construction Official, together with an application fee as determined
below:
A.
Four hundred dollars for a lot grading plan.
B.
An additional application fee of $50 must be submitted
for each substantively revised plan, as determined by the Borough Engineer.
C.
An escrow fee of $500 shall be posted with the Borough
to cover the inspections of the property by the Borough Engineer for purposes
of determining compliance with the approved plan. At a minimum, three inspections
will be performed: one prior to construction; one during construction; one
after the completion of construction.
The lot grading plan shall be filed with the Construction Official and
shall be reviewed by the Zoning Officer for zoning compliance. Upon the filing
of a lot grading plan, the receipt of the required fee, and completion of
Zoning Officer review, the Borough Construction Official shall submit one
copy of the plan to the Borough Engineer.
The Borough Engineer shall not approve a lot grading plan or revised
plan unless he determines that the plan is designed to control surface waters
in a manner that will minimize the adverse effects of such waters upon the
subject property and abutting lands. In addition, a lot grading plan shall
not be approved unless the following conditions are met:
A.
Driveway grades shall not exceed 15%, except that under
unusual conditions and for short distances the Borough Engineer may approve
grades not exceeding 18%, provided the average center line grade of the driveway
does not exceed 15%.
B.
There shall be no change in existing grade that raises
the elevation of the lot within five feet of a property line. Furthermore,
there shall be no change in existing grade which raises any portion of the
lot within 15 feet of a property line to an elevation that is more than four
feet above the existing ground level at the property line. Any new grade shall
be at an even slope with the toe of the slope at the ground level which exists
at five feet inside the property line; provided, however, that, when necessary,
swales shall be created in order to control surface waters in a manner that
will protect abutting lands. Retaining walls shall not exceed six feet in
height, provided that, for each six inches in height above the preconstruction
or postconstruction grade at the toe of the wall, a retaining wall shall be
set back one foot from the property line to which it is adjacent. Distances
from property lines shall be measured at right angles to straight portions
and radial to curved portions.
C.
Grades steeper than 1 (vertical) to 3 (horizontal) should
be avoided. In cases where these grades are unavoidable, provisions for soil
stabilization, access and maintenance of those areas must be provided to the
Borough Engineer for approval.
D.
An area of at least 10 feet in width around the foundation
of any building shall be graded downward, away from the foundation, in accordance
with the requirements of the New Jersey Uniform Construction Code.
E.
Roof runoff from any roofed area shall be in accordance
with the New Jersey Uniform Construction Code.
F.
Dry wells, or other infiltration facilities acceptable
to the Borough Engineer, are required for all new structures and for additions
to structures involving a roof area greater than 1,000 square feet and/or
a total of 1,000 square feet of additional impervious cover. The design of
the infiltration facilities must, at a minimum, be for three inches of rainfall
over the area of the roof of the new structure or addition to a structure.
Design of these facilities must be based on appropriate site-specific tests
certified by the applicant's engineer and submitted and approved by the
Borough Engineer. Should site-specific conditions obviate the use of infiltration
facilities, an alternative means, acceptable to the Borough Engineer, for
management of stormwater runoff must be provided.
G.
If the lot grading plan contains a structural retaining
wall, a copy of the structural calculations, signed and sealed by an engineer
or architect licensed in the State of New Jersey, shall accompany the plans.
Whenever the Borough Engineer considers it necessary or appropriate,
he may require that a lot grading plan include temporary measures to be taken
during the performance of any construction work to prevent adverse effects
upon abutting lands.
The failure of an owner of property to comply with an approved lot grading
plan for such property, including any temporary measures to be taken during
the performance of construction work, shall subject the owner to a maximum
fine of $500 per violation.
The project shall be designed in accordance with the New Jersey Soil
Erosion and Sediment Control Standards.
A.
Notwithstanding any other provision of this chapter,
the Zoning Officer may issue an occupancy/zoning permit prior to full compliance
with a lot grading plan if the Zoning Officer received written evidence of
the existence of a cash escrow deposit in the amount of the estimated cost
effecting full compliance with the plan, as determined by the Borough Engineer,
and if the Zoning Officer receives a written statement from any contract-purchaser
requesting the issuance of a certificate of occupancy pursuant to the provisions
of this section.
B.
If a certificate of occupancy is issued for a property
prior to full compliance with a lot grading plan and full compliance is not
effected by the date set forth in the report of the Borough Engineer, then
continued occupancy of such property after such date shall constitute a use
of such property in violation of this chapter.
Neither an occupancy/zoning permit nor a certificate of occupancy shall
be issued until the Borough Engineer certifies in writing that the property
conforms to the lot grading plan. The Borough Engineer shall make an inspection
and issue a report within five days after notification from the Construction
Official of an application for a certificate of occupancy.
In the event that more than two inspections of a property are required
to be made by the Borough Engineer either by reason of a provision for temporary
measures to prevent adverse effects upon abutting lands or by reason of a
failure to comply with an approved lot grading plan, then the owner of the
property shall pay to the Borough an inspection fee for each additional inspection,
which fee shall be calculated in accordance with the schedule of inspection
fees established and from time to time amended by the Borough Council pursuant
to the provisions of the Zoning Ordinance of the Borough.[1] All fees for any such additional inspections shall be paid to
the Borough prior to the issuance of a certificate of occupancy for the new
structure or addition.
[Added 12-19-2005 by Ord. No. 2005-23]
As used in this chapter, the following terms shall have the meanings
indicated:
An area consisting of wetlands, flood hazard areas, areas of shallow
water table soils, recharge soils or steep slopes.
