A.
Activities requiring a lot grading permit. Prior to the commencement
of any land disturbance involving the construction of 1,000 square
feet or more of new impervious area or 2,500 square feet or more of
new soil disturbance, except for normal agricultural operations in
connection with a farming operation, an application for a lot grading
permit shall be submitted to the Town Engineer.
B.
Waiver. Anything to the contrary notwithstanding, the requirement
for a lot grading plan may be waived by and a lot grading permit may
be issued by the Town Engineer if, in his opinion, the proposed construction
or land disturbance will not present risks or problems of soil erosion,
drainage or other environmental damage.
C.
Submission of lot grading permit application. Each application for
a lot grading permit shall be submitted on a form available from the
Town Engineer and shall be accompanied by a plan which complies with
the following requirements:
(1)
A plan delineating the property's boundaries, as well as the
specific areas of the site on which the work is to be performed and
describing existing and proposed features of the property and the
area surrounding the site of the work, including such natural and
man-made features as buildings, driveways, walls, fences, topographic
features, existing vegetation, wooded areas, steep slopes, rock out
crops, trees as required by the tree removal ordinance, wetlands,
surface waters, watercourses, transition areas and riparian buffers.
These features shall be shown within 150 feet of the proposed area
of disturbance unless additional information is requested by the Town
Engineer.
(2)
The plan of the site shall be submitted at a scale of not less than
one inch equals 50 feet and existing and proposed contour intervals
of no more than two feet. Top and bottom of all wall elevations, first
floor elevations and garage floor elevations shall be included on
the plan. The plan shall be prepared by a registered professional
in accordance with N.J.A.C. 13:40-7.1 et seq. Any survey on which
the plan is based shall also be submitted.
(3)
A soil erosion and sediment control plan consistent with the Soil
Erosion and Sediment Control Act, N.J.S.A. 4:24-39, et seq.
(5)
A time schedule indicating the anticipated starting and completion
dates of the development sequence.
(6)
A zoning schedule showing the zone standard along with the existing
and proposed conditions.
(7)
NJDEP approval, if necessary, for freshwater wetland jurisdiction.
The following criteria shall be applicable to the review of
an application for a lot grading plan:
A.
No soil shall be excavated, removed, deposited or disturbed except
as a result of and in accordance with a lot grading plan approved
under the terms of this chapter.
B.
Provision shall be made for the proper disposition of surface water
runoff so that it will not create unstable conditions. Appropriate
storm drainage facilities shall be provided to protect downstream
properties.
C.
Provision shall be made for any structures or protective measures
that may be required for the protection of the public safety, including,
but not limited to, retaining walls, guide rails, headwalls and fences.
D.
Any proposed building, structure, grading or attendant protective
measures will not impede the flow of surface water through any watercourse.
E.
Any proposed vehicular facilities, including roads, drives or parking
areas, shall be so designed that any land disturbances shall not cause
excessive erosion. Both the vertical and horizontal alignment of vehicular
facilities shall be so designed that hazardous circulation conditions
will not be created.
F.
Any fill placed on the lot shall be properly stabilized and, when
found necessary depending upon existing slopes and soil types, supported
by retaining walls or other appropriate structures as approved by
the Town Engineer.
G.
There shall be no alteration of site elevations in excess of one
foot within five feet of an adjoining property line.
H.
Changes in grade shall not exceed a slope of 3:1 unless supported
by retaining walls or maintenance free vegetation as may be appropriate.
Fees shall be paid when the application for a permit is made, as set forth in § 100-24O. A guarantee shall be paid to guarantee performance by the applicant of the terms and conditions of this chapter, such funds to be released upon inspection and approval thereof by the Town Engineer. The Town shall have a period of 90 days from receipt of the complete application within which to issue or deny the permit application.
Prior to the issuance of any certificate of occupancy or certificate
of approval, a New Jersey licensed professional engineer and/or land
surveyor must certify that the final as-built grading of the lot is
in compliance with the approved grading plan.
The applicant shall have the right to appeal the decision of
the Town Engineer to the Mayor and Council within 21 days of such
approval or denial. Such appeal shall be made in writing, sent by
certified mail, addressed in care of the Municipal Clerk and shall
include a copy of such approval or denial and all information made
available to the Town Engineer, upon which his decision was made.
The Mayor and Council shall, within 30 days of receipt of the appeal,
either affirm, modify or reverse the decision of the Town Engineer
and shall notify the applicant within seven days of such decision.
