[Added 5-8-2023 by Ord. No. 2023:21]
In order to provide against the adverse consequences of uncontrolled
surface water drainage, prevent the increase in stormwater runoff
from a site and to prevent soil erosion and control sediment deposition
associated with land disturbance, including but not limited to construction
activities, a lot grading plan shall be submitted and approved prior
to the issuance of a construction/zoning permit for the following
activities:
a. The erection of any new structure, any addition, repair or renovation
to an existing structure involving an extension of the foundation
of the existing structure, any of which is not shown upon an approved
site plan; or
b. Any of the following activities, if not shown upon an approved site
plan:
1. Land disturbance, except for the purposes of turf replacement, of
1,000 square feet or greater;
2. Placement of more than 20 cubic yards of fill, excluding mulching;
3. Land disturbance of less than 1,000 square feet or placement of less
than 20 cubic yards of material if the project affects any critical
areas;
4. Land disturbance within five feet of the property line that impacts
drainage;
5. Removal of more than three trees.
[Added 5-8-2023 by Ord. No. 2023:21]
Notwithstanding the foregoing, the Borough Zoning Officer may
grant a waiver from the requirements of this chapter with respect
to an addition to a single- family dwelling if the Borough Engineer
determines that the project involves less than 1,000 square feet of
impervious coverage, does not affect any drainage or critical areas,
and does not require any significant changes in the existing grading
of the lot. Any such determination shall be made upon the basis of
the construction plans and such further information as may be requested
from the owner of the property by the Borough Engineer.
[Added 5-8-2023 by Ord. No. 2023:21]
As used in this chapter, the following terms shall have the
meanings indicated:
CRITICAL AREA
An area consisting of wetlands, flood hazard areas, areas
of shallow water table soils, recharge soils or steep slopes.
[Added 5-8-2023 by Ord. No. 2023:21]
A lot grading plan showing the proposed final grading of the
lot shall be reviewed and approved by the Borough Engineer in accordance
with the provisions of this chapter and more specifically as follows:
a. The lot grading plan shall be approved by the Borough Engineer prior
to the issuance of a construction permit.
b. Upon construction of the foundation, and prior to framing or other
further construction, the applicant shall submit an as-built foundation
survey confirming that the first-floor elevation of the building is
within the 24 inches of the first-floor elevation as shown on said
approved subdivision plat. If the property is not the subject of a
grading plan on an approved subdivision plat, the as-built foundation
survey shall confirm that the first-floor elevation is located within
24 inches of the elevation as shown on the lot grading plan.
c. Following the completion of construction, the owner shall provide
an as-built survey of the site in print and PDF, to the Zoning Officer
for approval by the Borough Engineer.
d. The plan shall be prepared by a professional engineer licensed in
New Jersey and shall be drawn to a scale of not less than one-inch
equals 50 feet, but may be supplemented by a key map of smaller scale,
and shall be prepared in sufficient detail to show the following:
1. The existing surface drainage pattern as it affects the subject property
and all abutting land;
2. The elevation of the street at each limit of the frontage of the
subject property and a permanent feature such as a manhole rim or
set corner or similar structure;
3. The location of any existing streams, watercourses, ponds, storm
sewers or drainage facilities which relate to drainage of surface
waters from the subject property;
4. Any proposed storm sewers, ditches or other drainage facilities which
will receive surface waters from the subject property;
5. The proposed location of the structure for which a construction permit
is being sought;
6. The elevation of the finished garage floor, top of foundation, first
floor of the structure, and top of finished roof ridge proposed for
the subject property, and the proposed lowest elevation within 15
feet of the proposed structure;
7. The proposed location of all roof leader drains, driveways, dry wells,
utility lines below ground and any individual sewage disposal system;
8. The outer limits of all areas in which any grading or filling is
proposed on the subject property;
9. Any proposed changes in the existing surface drainage pattern which
will result from the construction proposed for the subject property,
including any proposed changes on abutting lands;
10. All existing trees with trunks exceeding four inches in diameter
measured at a point four feet above the existing ground level, which
trees are located within the outer limits of the areas mentioned in
paragraph d8 above as well as within 10 feet of the outer limits of
any such areas;
11. Topography reflecting contours at two-foot intervals.
12. Top of wall and toe of wall elevations of all proposed retaining
walls shall be clearly delineated at regular intervals on the plan.
[Added 5-8-2023 by Ord. No. 2023:21]
Three copies of each required lot grading plan shall be filed
with the Borough Construction Official, together with an application
fee as determined below:
a. $400 for a lot grading plan.
b. An additional application fee of $50 must be submitted for each substantively
revised plan, as determined by the Borough Engineer.
c. An escrow fee of $500 shall be posted with the Borough to cover the
inspections of the property by the Borough Engineer for purposes of
determining compliance with the approved plan. At a minimum, three
inspections will be performed: one prior to construction; one during
construction; one after the completion of construction.
[Added 5-8-2023 by Ord. No. 2023:21]
The lot grading plan shall be filed with the Zoning Officer
and shall be reviewed for zoning compliance. Upon the filing of a
lot grading plan, the receipt of the required fee, and completion
of Zoning review, the Zoning Officer shall submit one copy of the
plan to the Borough Engineer.
[Added 5-8-2023 by Ord. No. 2023:21]
The Borough Engineer shall not approve a lot grading plan or
revised plan unless he determines that the plan is designed to control
surface waters in a manner that will minimize the adverse effects
of such waters upon the subject property and abutting lands. In addition,
a lot grading plan shall not be approved unless the following conditions
are met:
a. Driveway grades shall not exceed 15%, except that under unusual conditions
and for short distances the Borough Engineer may approve grades not
exceeding 18%, provided the average center line grade of the driveway
does not exceed 15%. There shall be no change in existing grade that
raises the elevation of the lot within five feet of a property line.
Furthermore, there shall be no change in existing grade which raises
any portion of the lot within 15 feet of a property line to an elevation
that is more than four feet above the existing ground level at the
property line. Any new grade shall be at an even slope with the toe
of the slope at the ground level which exists at five feet inside
the property line; provided, however, that, when necessary, swales
shall be created in order to control surface waters in a manner that
will protect abutting lands. Retaining walls shall not exceed six
feet in height, provided that, for each six inches in height above
the preconstruction or postconstruction grade at the toe of the wall,
a retaining wall shall be set back one foot from the property line
to which it is adjacent. Distances from property lines shall be measured
at right angles to straight portions and radial to curved portions.
b. Grades steeper than one (vertical) to three (horizontal) should be
avoided. In cases where these grades are unavoidable, provisions for
soil stabilization, access and maintenance of those areas must be
provided to the Borough Engineer for approval.
c. An area of at least 10 feet in width around the foundation of any
building shall be graded downward, away from the foundation, in accordance
with the requirements of the New Jersey Uniform Construction Code.
d. Roof runoff from any roofed area shall be in accordance with the
New Jersey Uniform Construction Code.
e. Dry wells, or other infiltration facilities acceptable to the Borough
Engineer, are required for all new structures and for additions to
structures involving a roof area greater than 1,000 square feet and/or
a total of 1,000 square feet of additional impervious cover. The design
of the infiltration facilities must, at a minimum, be for three inches
of rainfall over the area of the roof of the new structure or addition
to a structure. Design of these facilities must be based on appropriate
site-specific tests certified by the applicant's engineer and
submitted and approved by the Borough Engineer. Should site-specific
conditions obviate the use of infiltration facilities, an alternative
means, acceptable to the Borough Engineer, for management of stormwater
runoff must be provided.
f. If the lot grading plan contains a structural retaining wall, a copy
of the structural calculations, signed and sealed by an engineer or
architect licensed in the State of New Jersey, shall accompany the
plans.
[Added 5-8-2023 by Ord. No. 2023:21]
Whenever the Borough Engineer considers it necessary or appropriate,
he may require that a lot grading plan include temporary measures
to be taken during the performance of any construction work to prevent
adverse effects upon abutting lands.
[Added 5-8-2023 by Ord. No. 2023:21]
The project shall be designed in accordance with the New Jersey
Soil Erosion and Sediment Control Standards.
[Added 5-8-2023 by Ord. No. 2023:21]
a. Notwithstanding any other provision of this chapter, the Zoning Officer
may issue an occupancy/zoning permit prior to full compliance with
a lot grading plan if the Zoning Officer received written evidence
of the existence of a cash escrow deposit in the amount of the estimated
cost effecting full compliance with the plan, as determined by the
Borough Engineer, and if the Zoning Officer receives a written statement
from any contract-purchaser requesting the issuance of a certificate
of occupancy pursuant to the provisions of this section.
b. If a certificate of occupancy is issued for a property prior to full
compliance with a lot grading plan and full compliance is not affected
by the date set forth in the report of the Borough Engineer, then
continued occupancy of such property after such date shall constitute
a use of such property in violation of this chapter.
[Added 5-8-2023 by Ord. No. 2023:21]
Neither an occupancy/zoning permit nor a certificate of occupancy
shall be issued until the Borough Engineer certifies in writing that
the property conforms to the lot grading plan. The Borough Engineer
shall make an inspection and issue a report within five days after
notification from the Construction Official of an application for
a certificate of occupancy.
[Added 5-8-2023 by Ord. No. 2023:21]
In the event that more than two inspections of a property are
required to be made by the Borough Engineer either by reason of a
provision for temporary measures to prevent adverse effects upon abutting
lands or by reason of a failure to comply with an approved lot grading
plan, then the owner of the property shall pay to the Borough an inspection
fee for each additional inspection, which fee shall be calculated
in accordance with the schedule of inspection fees established and
from time to time amended by the Borough Council. All fees for any
such additional inspections shall be paid to the Borough prior to
the issuance of a certificate of occupancy for the new structure or
addition.
[Added 5-8-2023 by Ord. No. 2023:21]
The failure of an owner of property to comply with an approved
lot grading plan for such property, including any temporary measures
to be taken during the performance of construction work, shall subject
the owner to a maximum fine of $500 per violation.