[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:
(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 10% of the lot area.
(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.
(2) 
The Township Engineer shall not review or inspect for compliance applicable to the Soil Erosion and Sediment Control Act.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
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.