[Added 4-28-2003 by Ord.
No. 03-12; amended 10-16-2003 by Ord. No. 03-33; 2-9-2004 by Ord. No. 04-05; 3-11-2004 by Ord. No. 04-09]
Prior to the issuance of a construction permit by the Construction
Official for any new structure on any undeveloped residential lot
or for an addition or accessory structure larger than 500 square feet
on a developed residential lot or any commercial lot not subject to
planning and zoning approval, a lot development permit (LDP) shall
be applied for and issued by the Township Engineer.
As used in this article, the following terms shall have the
meanings indicated:
Any lot, in a residential zone or lot where a residential
structure will be built, upon which no principal structure is located
or which a principal structure is located but is to be removed or
abandoned as a condition or in furtherance of a plan for development
of said lot.
The requirement for an LDP is to safeguard against adverse consequences
of uncontrolled surface water drainage, degradation of freshwater
wetlands and transition areas, pollution of streams, watercourses
and water bodies and negative impact to surrounding properties by
development on private and public lands; and to provide for safe and
suitable location of driveways.
A.
Consideration of issuance of an LDP shall be made upon submittal
of an application form and five copies of an LDP, which shall be subject
to review by the Township Engineer.
B.
Action on the application and LDP shall be taken within 20 business
days of receipt of all plan elements.
C.
If approved, the Township Engineer shall issue an LDP. If disapproved,
the applicant shall be so notified and the Township Engineer shall
furnish a written statement for the reasons of disapproval.
D.
LDP's shall be good for one full year after the date of issuance,
after which such permit shall expire, but may be extended for a period
not to exceed one year by the Township Engineer for good cause.
E.
A septic system permit shall not be issued until the Township Engineer
issues an LDP permit.
The LDP shall be prepared by a professional engineer licensed
in the State of New Jersey and drawn to a scale of not less than one
inch equals 30 feet. The LDP shall be prepared in sufficient detail
to show the following:
A.
Key map based on the Official Tax Map of the Township of Vernon.
B.
A topographic map of the subject lot and adjoining street with two-foot
contour intervals, based upon a field survey, and not USGS maps.
C.
To the greatest extent possible, the applicant shall comply with § 330-83 of this chapter in regard to environmentally sensitive areas.
D.
The location of any existing streams, watercourses, ponds, storm
sewers, delineated wetlands, delineated wetland transition areas,
stormwater management facilities, and extent of slopes greater than
15% and environmentally sensitive areas.
E.
The location of all existing and proposed new structures, including,
but not limited to, buildings, swimming pools, tennis courts, garages,
sheds, retaining walls, decks, patios, walkways and stairs.
F.
The location, alignment, dimensions and construction details for
any existing or proposed driveways, parking and turnaround areas.
Driveways shall be located a minimum of 125 feet from an intersecting
street, be 12 feet wide, have a maximum slope of 15%, not exceed 5%
within 25 feet of a roadway or dwelling, and contain vertical curves
for smooth transitions. Driveways, which exceed 8% in grade, shall
be paved with two inches FABC mix I-5 over a base course consisting
of four inches of dense graded aggregate, thoroughly rolled and compacted,
or an equivalent.
G.
A driveway profile shall be submitted for each proposed driveway.
H.
The elevation of the finished garage floor, first floor and lowest
floor of the proposed structures.
I.
Measures to mitigate the increase in runoff from impervious surfaces
in accordance with the New Jersey Department of Environmental Protection
Best Management Practices, such as swales, natural retention areas
and dry wells. When used, dry wells shall be constructed of precast
concrete and be sized to store three inches of rainfall over the area
of the structure, shall be equipped with overflow piping, and shall
be backfilled on all sides and bottom with 12 inches of 1 1/2
inches washed gravel, be surrounded with filter fabric and connected
to the dwelling with six inches PVC.
J.
The location of all roof leader drains, dry wells, water supply wells,
overhead and underground utility lines, and any individual subsurface
sewage disposal systems.
K.
Proposed grading at two-foot contour intervals.
L.
Required building setback lines showing the building envelope and
required buffers from environmentally sensitive areas.
M.
Proposed retaining walls shall be accompanied by top and bottom of
wall elevations and construction details with a note stating that
the maximum exposed wall height is four feet. Walls with heights exceeding
four feet shall be accompanied by stability calculations performed
by a New Jersey licensed engineer.
N.
Proposed soil erosion and sediment control areas.
A.
Submission and approval requirements for improvements on existing
residential lots shall be dependent on the extent of the improvement
and the physical characteristics of the residential lot. The Township
Engineer shall review the initial documentation submission prepared
by the owner or architect and visit the site to determine the complexity
of the proposal. If, in the sole discretion of the Township Engineer,
the improvement and/or disturbance caused by the improvement cause
minimal impact to the environment or neighboring properties, the Township
Engineer can waive the requirement for the submission of a formal
LDP application. Notwithstanding this provision and unless prohibited
by site constraints in the sole opinion of the Township Engineer,
the Township Engineer may require at least one standard dry well or
other infiltration measure to be installed to mitigate the effects
of increase in impervious area. The initial document submission under
this section shall consist of the following:
(1)
A survey of the property showing all improvements existing on
the property, all proposed improvements and the location of water
supply wells, dry wells and subsurface sewerage disposal facilities,
to scale.
(2)
Any and all documents required for the development of the property
by the Construction Official and Department of Health and Human Services,
including, but not limited to, the building plans and specifications
of the architect or contractor who will construct the improvement.
A.
In order to assure compliance with the terms of the LDP, a total
of three periodic inspections of the site development operations shall
be made by the Township Engineer or his representative as required
during the course of the work. In the event that additional site visits
are necessary, the Township will bill the developer for additional
fees directly in accordance with the Engineer's hourly rate schedule
approved by the Township.
B.
The failure of an owner of property to comply with an approved LDP for such property, including any temporary measures to be taken during the performance of lot development activity or construction work, shall constitute a violation of this chapter and property such owner will be subject to penalties as per § 330-215 of this chapter.
A.
A final zoning approval shall not be issued by the Zoning Official
for any property which is the subject of an LDP until the Township
Engineer has inspected the property and has certified in writing that
the property conforms to the LDP. The Township Engineer or his representative
shall make a final inspection and issue a report within five days
after notification from the Construction Official of an application
for a certificate of occupancy. When field conditions require substantial
deviations from the plan submitted, as-built drawings shall be furnished
prior to issuance of a certificate of occupancy.
B.
In the event that the Township Engineer determines that current weather
conditions do not permit the completion of the required work to effectuate
full compliance with the LDP, the Township Engineer may authorize
the Zoning Official to issue a final zoning approval upon the posting
with the Township of a cash deposit in an amount equal to 120% of
the estimated cost of the work remaining to be performed. The Township
Engineer shall determine the cost of the remaining work to be performed.
In the event the work is not completed in a timely fashion, the Township
of Vernon has the right to have the work performed and the cost thereof
paid from the cash deposit pursuant to the terms of the cash deposit
agreement.
A.
Notwithstanding any of the provisions of this chapter, the requirement
for obtaining a lot development permit shall not apply to:
[Amended 4-27-2015 by Ord. No. 2015-08]
A.
Whenever the Township Engineer disapproves an application for an
LDP, the applicant may appeal such action to the Mayor. All such appeals
shall be filed with the Land Use Administrator in writing. No filing
fee shall be required. Unless the appeal is filed within 20 days following
the action by the Township Engineer, the disapproval shall be deemed
final.
B.
For good cause shown, the Mayor may direct the issuance of an LDP in cases where the plan details do not conform to the standards established by §§ 330-222 and 330-223. As used in this section, the term "good cause" shall mean that the applicant has demonstrated that, by reason of the unique shape, shallowness or narrowness of the lot, or by reason of exceptional topographic conditions or physical features uniquely affecting the lot, the strict application of said plan detail standards would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the lot owner. The burden of establishing the existence of good cause shall be upon the applicant who shall also establish to the satisfaction of the Mayor that the issuance of the LDP will not substantially impair the purposes set forth in § 330-220 and that the LDP may be issued without substantial adverse impact upon the surrounding properties and neighborhood.
C.
In the event that the Mayor feels that the issues relating to an
LDP appeal are beyond his or her ability to judge due to technical
matters, the Mayor may direct the appeal to the Zoning Board. In such
cases, the appeal shall be scheduled for a Zoning Board agenda within
30 days, or as soon thereafter that it can be scheduled, at no cost
to the applicant. The applicant is required to provide written notice
to all property owners within 200 feet of the applicant's property
by certified mail, stating when and why the hearing will be held.
D.
In no case shall the Mayor or Zoning Board direct the issuance of
an LDP where the LDP is inconsistent with the terms of any prior subdivision
or site plan approval with regard to protection of critical or environmentally
sensitive areas, or in conflict with county, state or federal regulations.
Upon submission of a lot development plan to the Township of Vernon, the applicant shall furnish a review and inspection fee in the amount of $700 for new residential or commercial development or $250 for existing residential lots (unless an LDP is required under § 330-222, in which case an additional fee of $200 shall be required), payable to the Township of Vernon. In the event that more than three plan revisions or three site visits are required by the Engineer or his representative, the Township of Vernon shall bill the developer directly in accordance with the Engineer's hourly rate schedule approved by the Township. All outstanding fees shall be paid prior to issuance of a final zoning approval.
