[HISTORY: Adopted by the Township Committee of the Township of Shamong 11-5-2003 by Ord. No. 2003-7. Amendments noted where applicable.]
All lots where fill material is deposited shall have clean fill or topsoil deposited which shall be graded to allow complete surface drainage of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties, or which will violate the provisions regulating soil erosion and sediment control, soil removal or floodplains contained in this chapter and other applicable state regulations. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
Grading for lawn areas shall be kept to the minimum necessary to prevent standing water or other undesirable moisture conditions.
The yards of every structure shall be graded to secure proper drainage away from the building and dispose of it without ponding in accordance wit N.J.A.C. 5:23-3.14 and 3.21. Grading shall further ensure that drainage and surface water runoff complies with Pinelands Commission regulations, N.J.A.C. 7:50-6.84(a)(6).
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the site and shall be stabilized by seeding, sodding or planting. Under no circumstances shall any soil or earth be sold or otherwise removed from the site, unless application is made and approval granted by the Township Engineer. Application for such removal shall be accompanied by a fee in the amount of $150.
When using fill for grading a site or any disturbed portion thereof, fresh topsoil, or at a minimum clean fill, shall be used. “Clean fill” shall mean material that is not contaminated by solid wastes, infectious wastes, brick, block, concrete, glass, ceramics, wallboard, plastic, wood, metal, or demolition debris. Clean fill may contain small amounts of gravel, roots and other elements naturally occurring in soil. In no event shall the use of clean fill for grading relieve the developer from the obligations of meeting the above obligations.
If weather conditions or other circumstances make it temporarily difficult or impossible to comply with the terms or any other requirement of this chapter, the Township Engineer may permit such terms or requirements to be performed at such later date as he or she may specify. In such a case, a cash guaranty or third-party surety bond shall be posted with sufficient easements to enable the Township to provide alternative performance.
Soil and fill may be stored on site for no more than six months to avoid the degeneration of piles and the creation of dangerous conditions. If soil or fill is to be used on the site and there is a need to store same in excess of six months, the individual or entity desiring to store the soil or fill may seek an extension for no more than six additional months from the Township Administrator, which shall be granted only upon a showing of good cause. All soil and fill stored on site must be placed within the front, rear, and side yard setbacks set forth for the property in question under the Township Zoning Ordinance.
Prior to the issuance of a building permit, a developer of any property, whether it be a single lot, minor subdivision or major subdivision, shall supply a grading and drainage plan to the Township Engineer for review and approval.
The grading and drainage plan shall meet the following criteria:
Compliance with the provisions of this chapter of the Township Code;
Percolation, water table and soils data for each lot being developed;
Accurate delineation of floodplains and federal flood hazard zones, or a note that same are not present; and
Lot grades to indicate drainage patterns.
The Township Engineer shall review and approve or reject the grading and drainage plan within 20 days of receipt of same. The Township Engineer may issue a conditional approval requiring the submission of additional information or plan revisions.
Prior to the issuance of a certificate of occupancy, the developer shall request that the Engineer review and approve the final grading and drainage of the property through inspection. The Township Engineer shall conduct such inspection and issue an approval or rejection of the grading and drainage within 20 days of receipt of a request for inspection from the developer. The Township Engineer may condition approval requiring the submission of additional information or minor revisions.
The developer shall pay an administrative fee of $75 and an escrow fee in the amount of $500 per lot to the Township for the review and inspection costs of the Township Engineer under this process, which fee shall be payable at the time of the submission of the grading and drainage plan. The Township Engineer shall charge his or her time against the escrow fee, and the escrow fee may be increased if the amount of inspection and review time required by the Township Engineer exceeds the amount covered by the initial posting. Any remaining balance shall be returned.
[Amended 7-10-2013 by Ord. No. 2013-06]
Compliance with the provisions of this chapter shall be considered a prior approval, which must be completed prior to the issuance of a certificate of occupancy in accordance with N.J.A.C. 5:23-2.24(a)1. Any complaints for violation(s) of this section shall be directed to the Township Administrator, or his or her designee, which shall be responsible for causing the issuance of a complaint and summons for an appearance in Municipal Court, and/or the Township Committee may seek other appropriate relief in New Jersey Superior Court. The Township Administrator, or his or her designee, shall have the authority to investigate all complaints and consult with the Township Engineer on same.
Violation of this section shall be punishable by a fine of not less than $50 and not more than $1,000, at the discretion of the Judge of the Shamong Municipal Court. Each day a violation is outstanding shall be considered a separate violation under this chapter.