[HISTORY: Adopted by the Township Committee
of the Township of Shamong 11-5-2003 by Ord. No. 2003-7. Amendments noted where
applicable.]
A.
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.
B.
Grading for lawn areas shall be kept to the minimum
necessary to prevent standing water or other undesirable moisture
conditions.
C.
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.[1]
A.
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.
B.
The grading and drainage plan shall meet the following
criteria:
(1)
Compliance with the provisions of this chapter of
the Township Code;
(2)
Percolation, water table and soils data for each lot
being developed;
(3)
Accurate delineation of floodplains and federal flood
hazard zones, or a note that same are not present; and
(4)
Lot grades to indicate drainage patterns.
C.
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.
D.
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.
E.
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]
A.
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.
B.
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.