[HISTORY: Adopted by the Township Council of the Township
of Lopatcong 10-5-2011 by Ord. No. 2011-14.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 106 but was redesignated for organizational purposes.
The purpose of this chapter is to establish standards for the
preparation of grading plans that must be submitted to the Township
of Lopatcong for review and approval either prior to a construction
permit being issued for new or additions to single-family or two-family
residential dwellings or prior to a property owner regrading an area
exceeding 5,000 square feet on an existing lot in order to promote
the health, safety, and general welfare of the municipality through,
among other things, the lessening of soil erosion and the impacts
of increased stormwater runoff.
A.
Unless waived by the Township Engineer, no construction permit shall
be issued for a new or additions to a single-family or two-family
dwelling unless a grading plan, which is approved by the Township
Engineer and found either to be consistent with the Code of the Township
or with any final grading plan approved by the Planning Board or the
Zoning Board of Adjustment, as the case may be, as part of a variance,
subdivision or site plan application, has been provided and the required
fees and guarantees have been deposited with the Township.
B.
Unless waived by the Township Engineer, no owner of property in the
Township shall grade an area exceeding 5,000 square feet unless a
grading plan consistent with the Code of the Township is submitted
to and approved by the Township Engineer.
C.
Any applicant for a building permit for a new or an addition to a
single-family or two-family dwelling, or a property owner seeking
to grade an area exceeding 5,000 square feet, shall submit a grading
plan to the Township Engineer and shall apply the following principles
of soil erosion and stormwater control in preparing the grading plan:
(1)
Where feasible, natural vegetation shall be retained on-site.
(2)
Stripping and/or removal of vegetation, grading or other soil disturbances
shall be done in a manner which will minimize soil erosion and stormwater
runoff.
(3)
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
(4)
Temporary seeding, mulching or other suitable stabilization measures
shall be used to protect exposed critical areas during construction
and other land disturbances.
(5)
Drainage provisions shall accommodate increased onsite runoff from
modified soil and surface condition both during and after site development.
(6)
Stormwater runoff leaving the site shall be controlled according
to sound engineering design standards and shall be retained onsite
wherever possible to facilitate groundwater recharge. In no event
shall the rate of runoff from the site be increased from its predevelopment
condition.
(7)
Sediment shall be retained onsite.
(8)
Diversion, settlement basins and similar required structures shall
be installed prior to any onsite grading or disturbance.
A.
Every grading plan shall be drawn at a scale of not greater than
one inch equals 50 feet and prepared by a New Jersey licensed professional
engineer or licensed architect, including accurate lot lines certified
by a New-Jersey-licensed professional land surveyor and submitted
on one of four of the following standard sheet sizes: 8 1/2 inches
by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30
inches by 42 inches. A statement shall be included on each grading
plan, where applicable, verifying that the grading plan for this lot
is in compliance with the conditions of any variance, subdivision
or site plan approved by the Planning Board or the Zoning Board of
Adjustment, as the case may be, and with the final grading plan of
said approved variance, subdivision or site plan. Each grading plan
shall be prepared in sufficient detail to show the following information
except as waived by the Township Engineer:
(1)
The location of the house in relation to the zoning district setbacks
and property lines and any existing and proposed driveways, sidewalks,
septic systems, utilities or other structures.
(2)
Existing and proposed grades at one-foot contour intervals.
(3)
Spot elevations at house corners, driveway, first floor, garage and
basement elevations, lot corners, center line of street, edge of pavement
and any other locations as necessary.
(4)
Any proposed driveway shall comply with the provisions of Chapter 105 of the Code of the Township of Lopatcong. The applicant shall submit a profile of the proposed driveway and typical pavement detail.
(5)
Detail of driveway and street intersection.
(6)
The location of the one-hundred-year floodplain or certification
that the property is not in a floodplain by the engineer or land surveyor
and location of any wetlands and transition areas or a certification
by the engineer or land surveyor indicating that the property is not
in the wetlands.
(7)
Limits of clearing and disturbed areas. All wooded areas and any
existing trees exceeding six inches in diameter at a point four feet
above the existing grade line, which trees are located within the
clearing limits and 10 feet beyond the outer limits of the disturbed
area, shall be shown.
(8)
Soil erosion and sediment control plans shall include but not be
limited to wheel cleaning blankets, location of sediment filter fences,
temporary and permanent seeding, general notes and any other requirement
of the Township Engineer.
(9)
The existing surface drainage pattern shall include but not be limited
to swales, ditches, brooks or other drainage patterns, and how it
affects the subject property. Any proposed changes in the existing
surface drainage pattern which will result from the construction of
the dwelling proposed for the subject property shall be shown.
(10)
The proposed location of all existing and proposed roof leader
drains.
(11)
The location of any existing or proposed stormwater sewer system.
(12)
The location of any retaining walls with top and bottom of wall
elevations. Plans, profiles, cross-sections, and details of all retaining
walls showing the height of wall, the elevation at the top and bottom
of each wall, the materials to be used, a profile and cross-section
of the wall, any proposed plantings, any safety barriers, calculations
of anticipated earth and hydrostatic pressures and surcharges, and
calculations detailing the wall design shall be provided unless such
documents were reviewed and approved as part of a subdivision or site
plan application. All plans, details and calculations shall be prepared,
signed, and sealed by a licensed professional engineer.
(13)
The location and grading of sewerage facilities to be either a house lateral or an onsite sewage disposal system in accordance with Chapter 179 of the Township of Lopatcong Code and approved by the Health Department. (A copy of the approved septic system shall accompany the plan.)
(14)
Lot and block numbers as per the tax assessment map.
(15)
The location and extent of any "critical areas," as defined in § 243-78.1 of the Code of the Township.
(16)
Any other detail deemed necessary for approval by the Township
Engineer.
B.
In addition to the above required grading plan, the applicant also
shall provide a complete set of architectural plans for the new or
expanded dwelling unit, signed and sealed by a licensed architect.
C.
The applicant shall submit three copies of the grading plan and associated
fees to the Construction Department. The Construction Official shall
forward the plans to the Township Engineer, who shall make a report
to the Construction Official within 20 calendar days of receipt of
the plans. Failure to review and comment upon the grading plan within
20 calendar days of submission to the Township Engineer shall give
the Construction Official the right to issue a construction permit
without receipt of such comments.
D.
No certificate of occupancy shall be issued for a new or expanded
single-family or two-family dwelling unless the lot has been developed
in accordance with the approved grading plan:
(1)
A foundation location survey, signed and sealed by a licensed land
surveyor, shall be submitted to the Township Engineer prior to the
framing of the dwelling. The Township Engineer shall report to the
Construction Official within seven calendar days of receipt of the
foundation location survey if the foundation, as shown on the survey,
was not constructed at the location and elevation approved by the
Township Engineer.
(2)
An as-built drawing shall be submitted to the Township Engineer for
review, unless waived by the Township Engineer. The Township Engineer
shall report to the Construction Official within 15 calendar days
of receipt of the as-built drawing that the work has been completed
in accordance with the grading plan.
A.
There shall be paid at the time of submittal of the grading plan
a review fee of $200, except when the grading plan includes or requires
a retaining wall(s), the review fee shall be $500. If the plan is
returned for corrections, an additional fee of $75 shall be paid for
each resubmission within 30 calendar days of the return of the rejected
grading plan. If the resubmission is made after more than 30 calendar
days, a new fee will be required.
B.
In addition to the review fee, the applicant shall pay a fee of 2%,
not to exceed $300 of the estimated cost for all soil erosion measures,
stormwater management and site improvements. This fee shall be determined
by the Township Engineer. This fee shall be put in escrow to defray
the cost of inspections, as well as legal and engineering work. If
the escrow does not cover said costs, then additional fees will be
required. Failure to do so shall stay the issuance of a certificate
of occupancy. Any remaining monies shall be returned to applicant.
Any person or persons, firm or corporation violating any of
the provisions of this chapter which results in damage to or obstruction
of any public road, gutter, storm drain, ditch, basin, inlet or culvert
during or following construction shall be responsible for all expenses
incurred by the municipality in repairing said damage or removing
said obstruction, in addition to the penalty herein provided.
Any person or persons, firm or corporation violating any of
the provisions of this chapter shall, upon conviction thereof, be
subject to a fine not to exceed $1,000 or imprisonment for a period
not to exceed 90 days or a period of community service not to exceed
90 days, or any combination thereof. Each and every day that a violation
continues after notification thereof shall constitute an additional,
separate and specific violation.
The short title of this chapter shall be the "Township of Lopatcong
Grading Ordinance."
