[Amended 10-10-2006 by Ord. No. 13-2006]
A.
A zoning permit shall be required prior to the erection, construction
or alteration of any building, structure or any portion thereof.
B.
Applications for zoning permits shall be made in writing to the Zoning
Officer and shall contain all information necessary for such officer
to ascertain whether the proposed erection, construction, alteration
or use complies with the provisions of this chapter.
C.
Such permits shall be granted or refused within 10 days from the
date of application. Failure to grant or refuse a permit within this
time period shall constitute approval by the Township.
D.
No zoning permit shall be issued by the Zoning Officer unless it
is in conformity with the regulations of this chapter, or after written
order from the Zoning Board of Adjustment or by order of the courts.
E.
Application for a zoning permit shall be accompanied by plans in
duplicate drawn to scale and showing the following:
(1)
Actual dimensions and shape of the lot to be built upon;
(2)
Exact size and locations on the lot of all existing buildings
and other structures, if any, and the location and dimensions of proposed
buildings and other structures or alterations;
(3)
All existing and proposed uses of said structures, including
showing the number of families the building is designated to accommodate;
and
(4)
Any other lawful information that may be required by Township
ordinances, such as grading plans.
F.
No zoning permit shall be issued except upon receipt of proof of
compliance with all state and county water and sewage rules and regulations.
A.
A certificate of occupancy shall be required prior to the occupation
for use or change of use of any land, building or structure or any
part thereof.
B.
Application for a certificate of occupancy shall be made in writing
to the Construction Code Official on forms provided by the municipality.
(1)
When the use of a property involves a new building or structure,
or alterations to an existing building or structure, such application
shall be made at the time of application for a construction permit.
(2)
When no construction or alteration is involved, an application
for a certificate of occupancy may be made at any time. It shall be
the responsibility of the Construction Code Official to determine,
with the assistance of the Zoning Officer as may be needed, whether
the proposed occupancy shall conform to the provisions of this section.
The application for a certificate of occupancy shall be deemed incomplete
until the Construction Code Official has certified that all of the
requirements have been satisfied.
C.
Certificates of occupancy shall be granted or refused within 30 days
after the Zoning Officer has been notified of completion of construction
or within 30 days of application to occupy and use the structure or
land. Failure to grant or deny such a certificate shall constitute
an approval and granting of the certificate.
D.
No certificate of occupancy shall be issued unless it is in conformity
with the provisions of this chapter or so ordered by a court of competent
jurisdiction.
E.
Certificates of occupancy may be issued after final approval of a
major subdivision plan but prior to completion of required public
improvements and protective measures if a performance and maintenance
guarantee has been accepted by the Township under the following conditions:
(1)
All streets upon which occupancy is to take place shall have
been constructed and paved to a level of completion that will provide
an all-weather, hard surface for drainage, safe movement of vehicles,
and be free of dust, debris, and ice and snow. Said streets shall
also connect to a street circulation system of at least similar physical
character.
(2)
All sidewalks, curbs, and gutters for areas of occupancy shall
have been installed, except that temporary walkways, curbs, and gutters
may be installed and maintained free and clear of debris in areas
where future construction is anticipated.
(3)
All occupied lots shall be protected from drainage from surrounding
lots, and the occupied lot shall have a completed lot drainage system.
(4)
All occupied lots shall be free from any encroachment resulting
from anticipated future construction activities.
(5)
All occupied lots and buildings shall be served by a complete
utility servicing system including water, sanitary sewer, electricity,
source of heating energy and private telephone capability. Any of
these said systems not completed according to subdivision or site
plan design requirements and for which temporary provision is to be
made prior to notice of completion of improvements to the Township
shall be sufficiently operable as to provide safe, sanitary, and uninterrupted
service.
(6)
Occupied lots shall be landscaped, weather permitting, with
ground cover sufficient to prohibit erosion of soils by water or wind.
F.
As-built regulations. A certificate of occupancy shall not be issued
until an as-built plan has been reviewed and approved by the Township
Engineer and/or Construction Code Official in accordance with the
provisions of this section.
(1)
As-built plans shall be submitted for every development project
undertaken within the Township of Mullica that required site plan
or major subdivision approval from the Planning Board or Zoning Board
of Adjustment.
(2)
As-built plans shall include the same information, in particular,
grading and utility installation, required at the time of final approval
of plans by the Planning Board, Zoning Board, Construction Code Official,
or other regulating or approving authority and shall be so certified
by seal of a licensed land surveyor or professional engineer, as the
case may be.
(3)
Within an approved major subdivision, no individual dwelling
shall be issued a certificate of occupancy unless an as-built plan
has been submitted and approved for the utilities to which the dwelling
is to be connected.
(4)
No performance guarantee shall be released, in addition to any
other requirements for the release of such security, unless an as-built
plan has been submitted and approved by the Township Engineer.
A.
A certificate of occupancy shall not be issued until either:
(1)
A New Jersey licensed professional land surveyor or the Township
Engineer has confirmed in writing that:
(a)
The finished grading at the lot for which the certificate of
occupancy is being requested substantially conforms to the developer's
approved major subdivision plan, site plan, or individual or multiple
lot grading plan(s); and
(b)
The foundation top of block elevations of the structure for
which the certificate of occupancy is being requested are neither
more than two feet higher nor more than 0.2 of a foot lower than the
proposed foundation top of block shown on the developer's approved
major subdivision plan, site plan, or individual or multiple lot grading
plan(s); or
(2)
An as-built revised grading plan prepared by a New Jersey licensed
land surveyor is approved by the Township Engineer as substantially
conforming to the grading proposed in the developer's approved major
subdivision plan, site plan, or individual or multiple lot grading
plan(s).
B.
Applicability. The requirements set forth herein shall apply to development
proposed on any lot in Mullica Township that is the subject of:
(1)
An application for major subdivision, minor subdivision, major
site plan, minor site plan, conditional use or variance approval pursuant
to the requirements of the Municipal Land Use Law of 1975, P.L. 1975,
c. 291;
(2)
An application for a construction permit pursuant to the State
of New Jersey Uniform Construction Code (N.J.A.C. 5:23-5:20) for a
principal structure on an individual lot, where:
(3)
An application for a construction permit pursuant to the State
of New Jersey Uniform Construction Code (N.J.A.C. 5:23-5:20) for an
accessory structure on an individual lot, where:
(a)
The lot area of the subject parcel is less than or equal to
five acres; and
(b)
The total land disturbance as defined in the NJDEP Stormwater
Management Regulations (N.J.A.C. 7:8-5.1 et seq.) on the subject parcel
is greater than or equal to 5% of the lot area; and
(c)
The floor area and the setback of the structure are:
[1]
Floor area is less than 200 square feet and building setback
is less than 10 feet.
[2]
Floor area is greater than or equal to 200 feet and is less
than 300 square feet and building setback is less than 20 feet.
[3]
Floor Area is greater than or equal to 300 square feet and building
setback is less than 30 feet.
(4)
This section shall not apply to agricultural buildings as defined
in definitions, agricultural buildings accessory to an agricultural
use (except residences) having front yard setbacks greater than 200
feet and side or rear yard setbacks greater than 100 feet; otherwise,
a grading plan shall be provided.
C.
Grading compliance as part of zoning permit.
(1)
A grading compliance review shall be included as part of the
requirements for obtaining a zoning permit. No zoning permit shall
be issued for applicable development until:
(a)
The Township Engineer has reviewed and approved a completed
grading plan checklist and individual or multiple lot grading plan
containing all the information required in the grading plan checklist
for the proposed applicable development and meeting all requirements
of this chapter;
(b)
The Zoning Officer or Zoning Clerk has approved, as part of
the zoning permit application review, a written certification prepared
by a New Jersey licensed professional engineer or land surveyor, that
the proposed applicable development will substantially conform to
an earlier approved individual or multiple lot grading plan and checklist,
and that all conditions at the property, and relevant conditions at
adjacent properties, are the same as they were when the earlier individual
or multiple lot grading plan and checklist were approved; or
(c)
The Zoning Officer or Zoning Clerk has approved, as part of
the zoning permit application review, a written certification prepared
by a New Jersey licensed professional engineer or land surveyor that
the proposed applicable development will conform to all grading specifications
approved as part of a site plan, subdivision, or other Planning Board,
Zoning Board or Township Committee approval, and that all conditions
at the property and relevant conditions at adjacent properties are
the same as they were when such earlier approval was granted.
D.
Grading plan checklist. Except as otherwise provided in this chapter, the following grading plan checklist must be completed and filed with the information it requires as part of any application for site plan, major subdivision, any application to the Planning Board, Zoning Board or Township Committee that involves an applicable development as defined in Subsection B above, or any request for a building permit for applicable development. The required plan information may be included in an individual or multiple lot grading plans, or it may be incorporated into a development applicant's major subdivision or site plan, provided that all of the required grading plan information is included on the same plan sheet.
E.
Grading standards. The grading plan must conform to the following
standards:
(1)
Purpose. These grading plan requirements are for the purpose
of confirming that proposed applicable developments will not result
in flooding, pooling or other drainage-related problems at the lot
on which the development is proposed or on adjacent properties. Each
grading plan must therefore confirm, to the Township Engineer's satisfaction,
that the proposed applicable development on each lot will cause water
to drain property from the lot on which such development is proposed,
and that such development will not increase the amount of water which
drains onto adjoining lots (except as otherwise permitted as part
of a final site plan, subdivision, or other Planning Board, Zoning
Board or Township Committee approval) or adversely change the manner
in which it drains. All lots where applicable development is proposed
must be graded to direct surface water runoff away from structures
and toward the frontage road or other defined drainage paths that
meet the Township Engineer's approval. Where a drainage problem already
exists, the drainage plan must confirm, to the Township Engineer's
satisfaction, that the proposed development will reduce the impact
on adjoining tracts to the greatest extent reasonably possible by
causing the surface water to drain into nearby streets, approved drainage
facilities or other Township-approved devices.
(2)
Lawn areas. The grading plan must confirm that lawn areas will
be sloped away from the building and structures at a minimum of 1.5%
for the first eight feet from foundation walls, and to confirm a minimum
slope of 1.5% in all other lawn areas. The intent of these lawn area
slope requirements is to confirm that water will flow away from foundation
walls at an acceptable rate, and also to increase the probability
that any standing water in lawn areas will dissipate within 24 hours
following a storm event.
(3)
Swales. The grading plan must confirm a minimum slope of 1.5%
for all swales to provide a good flow of water within them. The Township
Engineer is authorized to approve flatter slopes in instances where
the Township Engineer is satisfied that special care will be taken
during construction to achieve good water flow or that other special
circumstances apply. Unless otherwise approved by the Township Engineer,
swales must be indicated along side lot lines so that water will flow
from the rear portions of adjoining lots to the curb. If permitted
by easement, the grading plan may also depict water as being directed
from or over neighboring lots to the curb or other approved discharge
point. The intent of this swale area slope requirement is to increase
the probability that all standing water will be dissipated from swale
areas within 48 hours following a storm event.
(4)
Slopes. The grading plan must confirm that all slopes are no
greater than 3:1.
(5)
Driveways. The grading plan must confirm that driveway grades
do not exceed 10%.
(6)
Off-lot grading and drainage. The grading plan must confirm
that no grading will occur within five feet of a property line unless
necessary to direct drainage off or onto the site and then into acceptable
drainage facilities in accordance with these standards. If a grading
plan indicates an intention to grade or direct drainage over an adjoining
property to provide proper drainage, an existing or proposed easement
for this purpose must be filed with the grading plan for review and
approval by the Township Engineer and Township Solicitor (or the solicitor
for the development board that has jurisdiction over the site plan,
subdivision or other application with which the grading plan is submitted).
If the grading plan is approved based on a proposed easement, the
zoning permit will not be issued unless and until the developer has:
(a)
Properly conveyed and recorded the approved proposed easement
in the Atlantic County Clerk's Office;
(b)
Provided a copy of the recorded easement to the Township Engineer,
the development board that has jurisdiction over the site plan, subdivision
or other application with which the grading plan is submitted, and
the Township Solicitor (or the solicitor for the development board
that has jurisdiction over the site plan, subdivision or other application
with which the grading plan is submitted); and
(c)
Confirmed, to the Township or applicable development board solicitor's
satisfaction, that the approved easement has been properly conveyed
and recorded, and that it is not subject or subordinate to any other
interest that could extinguish it or otherwise diminish its effectiveness.
(7)
Location of slope excavation. The top of any excavation or slope shall be no closer than five feet to an adjoining property, and shall not provide for water runoff to the adjoining property unless an agreement shall have been provided and recorded as required by Subsection E(6), above.
(8)
Retaining walls. If a retaining wall is proposed, construction
details must be provided. In cases where a retaining wall is higher
than 36 inches, calculations must be prepared by a licensed professional
engineer who certifies as to the stability of the structure.
F.
Deadline for completion of grading. The zoning permit confirming compliance with the above grading ordinance requirements and related building permit shall be issued simultaneously. All grading work shall be completed, and the materials required for approval submitted as specified in Subsection G, below, prior to the expiration of the original or extended related building permit, or by such other reasonable further extended deadline approved as part of a site plan, subdivision, or other Planning Board, Zoning Board or Township Committee approval.
G.
Approval of completed grading. Each person to whom this section applies
must obtain approval of completed lot grading by submitting with the
final survey as a condition of the application for certificate of
occupancy a certification prepared by a New Jersey licensed professional
land surveyor stating that the lot grading is in substantial conformance
with the approved plan meeting the standards set forth in this article,
indicating on the final survey those same grade elevation locations
as are required on the approved plan; or by submitting an as-built
revised grading plan, certified by a New Jersey licensed surveyor,
to be reviewed by the Township Engineer to confirm substantial compliance
with the approved grading plan. The Township Engineer will review
and decide upon as-built plans within five business days following
receipt of a written request for same. Faxed requests will be allowed
as beginning the five-day review process, provided that the faxed
as-built plans are signed by a New Jersey licensed professional surveyor,
and also provided that embossed copies of the faxed as-built plans
are thereafter delivered to the Township Engineer within the five-day
period. The Township Engineer will conduct site inspections and render
opinions thereon within five business days following receipt of a
written request for same.
H.
Permit and review fees. The following fees shall apply to applications
for approval of grading in connection with zoning permit applications.
With respect to subdivisions, "lot" means each lot that results or
will result from the subdivision.
(1)
Permit, review and inspection fees for individual or multiple-lot grading plans. Any person who seeks approvals as provided in this section must pay the following fees for each grading approval requested in connection with a zoning permit application and/or site inspection and, if seeking approval of an individual or multiple-lot grading plan, the following per-lot fees for review of such initial, revised or as-built individual or multiple lot grading plan [unless such person is an applicant for development as specified in Subsection H(2) below, in which instance a per-lot zoning permit grading application fee for each individual or multiple-lot grading plan must be paid at the time of each zoning permit application that involves grading review, but the fees and costs of the Township Engineer's review and inspection can, at such applicant's option, be paid for on a time-and-materials basis as set forth in Subsection H(2), below, instead of a flat-fee basis as provided in this Subsection H(1)(b) through (e)]:
(a)
Grading approval application fee (per lot, in addition to zoning
permit fee): $35.
(b)
Engineer's review fee upon initial individual or multiple-lot
grading plan submission (per lot): $100.
(c)
Engineer's review fee upon submission of each revised or as-built
individual or multiple lot plan (per lot): $100.
(d)
Initial site inspection fee (upon request for initial site inspection):
$200 per lot.
(e)
Site reinspection fee (upon each request for site reinspection):
$100 per lot.
(2)
Option to pay review and inspection costs based on time and materials; payment from application escrows. Applicants for development who have posted review/inspection escrows with the Township in connection with any application for site plan, subdivision, or other Planning Board, Zoning Board or Township Committee approval may elect in writing to have the Township Engineer paid for any grading-related review and/or inspection pursuant to this section based on time expended and materials used rather than at the flat fee rates set forth in Subsection H(1)(b) through (e), above. Additionally, any such applicant may elect, in writing, that any Township Engineer grading-related review/inspection fees (whether based on flat fee or time and materials) be paid from such applicant's review/inspection escrow(s), in which instance such applicant's grading plan(s) and/or lot(s) as elected, will be reviewed/inspected by the Township Engineer as part of such site plan, subdivision, or other Planning Board, Zoning Board or Township Committee application, whereupon all of the Township Engineer's fees and costs for grading-related review/inspection will be reimbursed from such applicant's review/inspection escrow(s) along with all other review and inspection costs and fees relating to such application.
No building permits shall be issued by the Construction Official for any dwelling, buildings, or structures within a subdivision until final approval has been granted and § 144-51G has been met. Upon application to the Planning Board, up to three building permits may be issued for model homes in a major subdivision prior to final approval, provided that § 144-51F has been met.
A.
No building permits shall be issued for alteration or construction of buildings or structures, sign construction, or change in use until final site plan approval has been granted and § 144-51G has been met, as required by this chapter.
B.
No certificate of occupancy for any dwelling, building or structure
shall be granted by the Construction Official unless all required
improvements have been installed or completed.
Certificates of approval for subdivision and site plans shall be issued by the Township Clerk upon receipt of a signed approved plat from the appropriate board and proof that § 144-51G of this chapter has been met.
