[HISTORY: Adopted by the Township Committee of the Township
of Harding 3-23-2011 by Ord. No. 03-11. Amendments noted where applicable.]
The Township Committee does hereby find that grading and related
site improvements not subject to subdivision or site plan approval
should be suitably regulated to ensure compliance with various Township
requirements. It is the purpose of this chapter to establish an efficient
and effective mechanism to ensure such regulation.
A.
Applicability. Subject to the provisions listed below, a grading
permit is required for any project which includes any of the following:
[Amended 10-16-2017 by Ord. No. 07-17; 5-14-2018 by Ord. No. 07-18]
B.
Exemptions. Projects exempt from the requirements of the section
are as follows:
(1)
Projects receiving subdivision or site plan approval from the Planning
Board or Board of Adjustment, provided that required performance bonds
and inspection fees have been posted. This exemption is applicable
only to subdivision or site plan improvements and not individual lot
construction.
(2)
Projects that are exempt from Article XVII (Soil Erosion and Sediment Control) and have been granted a variance from stormwater requirements and steep slope requirements (as applicable) and do not include construction of a driveway.
(3)
Any project that results in a net increase to lot coverage of less
than 400 square feet.
[Added 10-16-2017 by Ord.
No. 07-17; amended 5-14-2018 by Ord. No. 07-18]
Whenever a permit is required in connection with an applicable
project, said permit shall be obtained from the Township Engineer
in accordance with the procedures set forth below and the requirements
and standards of this chapter.
A.
Any person desiring to engage in activities identified in § 204-2A of this section shall file an application with the Building Department on a form to be provided for said purpose and shall pay the associated application and escrow fees. Application and escrow fees shall be in accordance with Article III of the Township Land Use and Development Code (Chapter 225, § 225-7). Said application shall be accompanied by a grading plan prepared by a licensed professional engineer.
C.
The filing of an application shall constitute the applicant's
consent to the Township Engineer or his/her designee(s) for entry
upon the land for purposes of inspection and enforcement.
D.
Within 30 days of the filing of an application, the Township Engineer
shall render his/her decision upon the application and, in the case
of partial or complete disapproval, shall set forth the basis for
such decision in writing.
The Township Engineer shall issue a grading permit upon receipt of an application for such permit, approval of a grading plan, and payment of permit fees and escrow fees as required in Article III of the Township Land Use and Development Code (Chapter 225, § 225-7). For projects that are subject to Article XVII (Soil Erosion and Sediment Control) of the Township Land Use and Development Code (Chapter 225), a grading permit shall not be issued unless plan certification has been granted.
All permit applications shall be accompanied by a grading plan
prepared by a licensed professional engineer. The plan shall include
the following:
A.
All information as required on Checklist A, attached to this chapter.[1]
[1]
Editor's Note: Checklist A is included at the end of this chapter.
B.
All information as necessary or appropriate to fully and adequately
describe the proposed project and all measures required to comply
with requirements of the Township Code.
C.
The plan shall cover all stages and aspects of the proposed project
from grading, stripping, excavation and other site preparation through
and including both final grading and the installation of permanent
improvements.
In considering and approving a plan, the Township Engineer may
impose reasonable conditions or requirements necessary or desirable
for the proper implementation of the plan, in accordance with the
purposes and intent of this chapter.
After a plan has been approved, it shall be unlawful for the applicant, or any person performing services in implementing the plan, to deviate from or change, amend or modify the plan in any way, except in accordance with § 204-8 below.
Amendments, changes or modifications of a minor nature to a
plan required as the result of conditions arising in the field during
construction may be ordered or approved by the Township Engineer.
The following factors shall be taken into consideration in determining
whether to issue a grading permit:
A.
Whether the proposed project is in conformance with the following
sections of the Township Code (as applicable):
B.
Whether the proposed project would permanently alter existing drainage
patterns.
C.
Whether the grading activity has any negative impact on the stormwater
drainage onto adjoining lands.
D.
Whether the proposed project, whenever feasible, retains and protects
natural vegetation and the natural ground surface.
E.
Whether the proposed design conforms to accepted safety and engineering
practices.
A.
The requirements of this chapter shall be enforced by the Township
Engineer who shall also inspect or require adequate inspection of
the work carried out pursuant to this chapter.
B.
Generally, inspections shall be conducted at the following times:
(1)
Prior to the issuance of a permit to evaluate existing site conditions
and identify potential problems.
(2)
Intermittently during the course of construction to verify the maintenance
of satisfactory site conditions.
(3)
During the construction of all required stormwater control measures.
(4)
After completion of all construction and the completion of vegetative
stabilization measures.
(5)
At other times as may be necessary because of unsatisfactory conditions.
C.
If the Township Engineer finds conditions other than as shown in
the plan, or in the event of failure to comply with the plan or any
condition thereto, he/she may refuse to approve further work and may
require necessary measures to be promptly installed and may require
modifications to the plan when, in the judgment of the Township Engineer,
such are necessary to properly control off-site impacts.
D.
The applicant shall have the approved plan on site during construction.
E.
In the event of failure to comply with the requirements of this section,
the Zoning Official shall refuse to issue zoning permits and shall
revoke zoning permits which may have been issued.
A.
If any person violates any of the provisions of this chapter, the
Township may institute a civil action in the Superior Court for injunctive
relief to prohibit and prevent such violation or violations, and such
court may proceed in a summary manner.
B.
Any person who violates any of the provisions of this chapter, any standard promulgated pursuant to this chapter or fails to comply with the provisions of a grading permit shall be liable to a penalty of not less than $25 nor more than $2,000, to be collected in a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. except for soil erosion and sediment control violations which shall be subject to the provisions of § 225-94.
C.
The Superior Court and municipal court shall have jurisdiction to
enforce the Penalty Enforcement Law.
D.
If the violation is of a continuing nature, each day during which
it continues shall constitute an additional separate and distinct
offense.
A.
Grading plan approval. Any person aggrieved by a decision or action
of the Township Engineer in denying plan approval shall first submit
a written request for reconsideration to the Township Engineer within
10 working days of the action taken, and schedule a meeting to review
the reasons for the denial. If the applicant is still aggrieved, the
Engineer shall identify the bases for noncompliance in a written opinion
within 35 calendar days after the meeting, unless additional time
is mutually agreed upon by the Township Engineer and the aggrieved
person. If the applicant is still aggrieved, he shall file a written
notice of appeal with the Township Clerk within 10 working days of
the meeting with the Township Engineer, and the Township Committee
shall hear the appeal within 60 days of receipt of the notice of appeal.
B.
Steep slope requirements. Development of steep slopes is regulated in § 225-116 of the Land Use and Development Ordinance. Any appeals must be heard by the Board of Adjustment.
C.
Flood damage prevention requirements. Exceptions from flood damage prevention requirements must be heard by the Planning Board in accordance with § 225-102 of the Land Use and Development Ordinance.
