It shall be unlawful for any person to dam, fill, obstruct or encroach upon any sewer, drain, ditch, culvert, gutter, surface drain or system of drainage in, under or along any street, alley or public highway or portion thereof or in, under or along any public or private lands, which dam, fill, obstruction or encroachment diverts and/or prevents the natural flow of any stream, creek, brook, river, surface or other drainage waters or other watercourse or waterway within the City of Vineland, County of Cumberland and State of New Jersey.
[HISTORY: Adopted by the City Council of the City of Vineland 6-30-1953 by Ord. No. 84 (Ch. 223 of the 1990 Code). Amendments noted where applicable.]
[Amended 9-9-2025 by Ord. No. 2025-58]
As used in this chapter, the following terms shall have the meanings indicated:
The physical activities associated with the construction of any on-site structure or site work within all zones of the City of Vineland.
Any area where construction activity or man-made land disturbance is proposed. Such construction activity or man-made land disturbance would include, but not be limited to, buildings and structures, parking and access improvements, utilities, drainage systems, landscaping, fencing, clearing, grading, tree removal, excavating, filling, mining and quarrying. Milling and repaving and routine property maintenance is not considered disturbance for the purposes of this definition.
A scaled plan drawing prepared by a licensed professional that conforms to the standards set forth herein.
An individual, partnership, corporation or association of persons.
A technical report prepared by a licensed professional that conforms to all applicable local and state stormwater regulation standards.
[Added 9-9-2025 by Ord. No. 2025-58]
A.
Purpose.
(1)
It is the express purpose of this section to provide special qualitative and quantitative development controls for all lands located within the City of Vineland.
(2)
These special development controls are provided in recognition of the potentially negative impacts of construction in certain areas in the form of stormwater runoff, erosion, siltation, excessive removal of vegetation and soil, flooding, and destruction of unique landforms. It is further the purpose of this section to encourage good land use planning and design, maximize optimal use of the natural terrain and maintain ridgelines and natural flow paths.
(3)
Effective and reasonable application of these regulations, which are in concert with the NJDEP's stormwater best management practices (BMP) guidelines, will protect the health, safety and welfare of the citizens of the City of Vineland, as well as limit the adverse impact on adjoining and/or downstream properties due to surface and underground movement of water.
(4)
This section is further promulgated to provide a functional land use design and control mechanism that will augment the basic land use controls of this code.
B.
When required; exemptions.
(1)
A land grading permit shall be required for the following construction activities:
(a)
All grading and earthwork (including tree removal) in excess of 500 square feet on developed or undeveloped properties;
(b)
Each individual lot within an approved minor or major subdivision;
(c)
All grading and earthwork regardless of disturbance size that significantly changes drainage patterns on the lot and/or impacts drainage patterns and runoff on adjacent lots or public right-of-way;
(d)
Any development of infill lots;
(e)
Any grading or earthwork disturbance within five feet of a property line.
(2)
Stormwater management report (when required).
(a)
Applicability. If the proposed disturbance of an individual lot or the cumulative disturbance of multiple lots as part of a minor subdivision meets the standard of a "major development," as defined in § 425-72B of the City of Vineland Municipal Code, the grading plan shall meet all applicable stormwater control standards as outlined in § 425-72 of the code.
(3)
The following construction activities are exempt from the requirements of this section:
(a)
All grading and earthwork related to agricultural production provided that significant changes in drainage patterns or stormwater impacts on adjacent lots or public right-of-way.
(b)
Any project that has received major site plan approval from the City of Vineland Planning Board of Zoning Board of Adjustment and whose approval is still valid. All proposed construction activity shall be in accordance with the approved major site plan.
C.
Process.
(1)
All complete land grading permit applications shall include one signed copy of land grading application form, three signed and sealed copies of a grading plan, one copy of land grading plan checklist, one signed and sealed copy of Stormwater Management Report (when required) and appropriate fee. Land grading permit applications must be submitted to the City of Vineland, Department of Licenses and Inspections.
(2)
All requirements of Subsection D herein shall be met and the appropriate fee shall be submitted for an application to be deemed complete.
(3)
A land grading permit shall be required to be obtained prior to the issuance of a building permit.
(4)
Following receipt of the land grading permit application, the City Engineer or their agent will review the plan and notify the applicant of any required revisions. In the event, the proposed construction activity creates additional variances as defined in Chapter 425, Article XV, Zoning, of the Vineland City Code, the applicant will be responsible to obtain any and all variance relief from the City of Vineland Planning Board or Zoning Board of Adjustment before the land grading plan review can proceed.
(5)
Upon completion of the land grading plan review, final approved plans and land grading permit will be forwarded to the Construction Official by the City Engineer or their agent.
(6)
All grading work must be completed within 90 calendar days from the issuance of the permit, or concurrent with any building permit associated with the proposed improvement, whichever time period is greater. A 30 calendar day time extension may be granted if the construction is active and ongoing.
(7)
Following completion of all work, the applicant must provide an as-built survey prepared by a licensed land surveyor accompanied by a certification from a Professional Land Surveyor detailing compliance with, and any deviations from, the approved grading plan. Any deviations must meet the intent of the approved plan and the purpose of this section. If any apparent discrepancies exist between the grading plan and actual construction, the applicant will be notified and will be required to perform any necessary site work. Following satisfactory performance of all work, the City Engineer or their agent shall provide notification to the applicant and the Construction Official indicating acceptance of the improvements. Such acceptance shall be considered a prior condition for the issuance of a temporary certificate of occupancy or certificate of occupancy.
(8)
The City of Vineland shall have the right to inspect the subject parcel prior to issuance of the permit as well as during the time of construction.
(9)
The City of Vineland shall have the right to enter the subject parcel to verify the as-built grading plan.
(10)
In the event of a public emergency or a catastrophic event (e.g., fire, hurricane), the requirement for a grading plan and/or as-built grading plan will be waived under the condition that the reconstruction of any structures or site work is identical to its previous layout prior to the emergency or catastrophic event. These events, because of their sudden and unexpected nature, cannot be planned for in advance, yet require immediate remedy. However, any deviations from the previous site layout, including, but not limited to, changes in grading, additional impervious coverage, and site work changes will require a land grading permit application and approval before any reconstruction can commence.
(11)
Fees for the land grading permit shall consist of an application fee and a permit fee.
(a)
The application fee shall be $100.
(b)
The permit fee shall be based on square feet of disturbance, as follows:
[1]
Less than 5,000 square feet of disturbance: $300.
[2]
Greater than or equal to 5,000 square feet, but less than 25,000 square feet of disturbance: $500.
[3]
Greater than or equal to 25,000 square feet, but less than 50,000 square feet of disturbance: $750.
[4]
Greater than or equal to 50,000 square feet of disturbance: $1,000.
(c)
The drainage review fee (when required) shall be $750.
D.
Grading plan requirements.
(1)
All land grading permit applications must be accompanied by a grading plan. The grading plan must show the following components:
(a)
General information.
[1]
Title block indicating the address of the site, block and lot designation and be titled "GRADING PLAN." The title block must contain the name, address and telephone number of the preparer. The plan must also contain the name and address of the applicant.
[2]
Signed and sealed by a Professional Land Surveyor, Professional Engineer or Architect in the State of New Jersey. Plan signature requirements can be found at the end of this section.
[3]
Vertical datum specification with year. If an assumed datum is used, a conversion equation must be indicated on the plan.
[4]
Zoning district(s) of the property, permitted impervious lot coverage based, and existing and proposed (if applicable) impervious lot coverage.
[5]
Legible and of sufficient scale and quality to be reproducible.
(c)
Right-of-way improvements.
[1]
Width of right-of-way and cartway, location of existing/proposed curb, earthen berms, driveway aprons and sidewalks along the frontage of the property.
[2]
Pertinent information related to existing/proposed site improvements such as elevation of centerline of roadway, top of curb and gutter, sidewalk and driveway apron. Where no curb exists, pavement edge elevation should be provided.
[3]
All work to be performed within the municipal right-of-way will require the appropriate municipal right-of-way opening permits.
(d)
Grading and elevation data.
[1]
Contour lines at one foot intervals and spot elevations of high and low points. Contour lines must clearly show existing characteristics of topography such as existence of lawn swales, ditches, ridgelines and general pattern of drainage flow. Where grade changes and fill are involved, proposed conditions must be superimposed.
[2]
Existing/proposed spot elevation of all property corners and elevations at high and low points along property lines. Existing topography shall be extended a minimum of 25 feet beyond the property lines in all directions to show impact to adjacent drainage patterns.
[3]
All structures and other site improvements with overall dimensions of structures, offset distances from property lines and location of driveways, fences, pools, decks, retaining wall, etc.
(e)
Proposed New Structure or Addition (if applicable).
[1]
The lot shall be graded to direct surface runoff away from structure foundation towards defined drainage paths.
[2]
Elevations of the first floor and garage, as well as finished grades at all building opening and corners must be shown.
[3]
Approximate location of proposed utility service connections (sanitary sewer and water) must be shown (if applicable).
[4]
Approximate location of existing or proposed water wells and underground septic system must be shown (if applicable).
(f)
Proposed Stormwater Infrastructure (if applicable).
[1]
All proposed stormwater infrastructure shall be clearly labeled and notated.
[2]
A table, including predevelopment and post development peak discharge and volume results for all design storm events.
[3]
Stage-area-storage table for proposed stormwater management measures, which will indicate elevation in relation to surface area, storage volume, peak inflows and outflows.
[4]
Details of proposed stormwater management infrastructure shall be provided.
(g)
Stream Corridor, Floodplain and/or Wetlands (if applicable).
[1]
Stream encroachment, flood boundary, and/or wetland lines shall be shown and a source of the information shall be noted on the plan. In cases where no study is available, it shall be so noted on the plan.
[2]
Bearing and distances with NJDEP permit number and date of approval for stream, flood boundary, and/or wetlands and wetlands buffer line, or, if not delineated, lines must be based on a state survey or accepted study.
[3]
All construction and grading activities shall comply with the requirements of applicable NJDEP regulations. The applicant is responsible for obtaining jurisdictional determination from the appropriate authorities.
(h)
Minimum grading standards.
[1]
Lawn areas with gradients of at least 2% shall be sloped away from building foundations. Grassed lawn swales, with a desirable slope of 2%, but in no case, less than 1.5% shall direct surface runoff toward a defined drainage paths. Grading shall not impact adjacent properties by diversion of surface runoff.
[2]
Proposed drainage patterns shall be denoted with flow arrows. Spot elevations shall be provided along major drainage paths.
[3]
Top of an excavation and/or toe of slope of a fill section shall not be closer than five feet to an adjoining property line or structure.
[4]
Proposed grading shall not extend beyond the property line unless the written consent of the adjacent owner is obtained through a temporary construction easement.
[5]
Driveways shall not have a slope greater than 12%. Where site conditions require a greater slope, a design waiver may be requested.
(i)
Soil erosion and sediment control.
[1]
All disturbed land within or adjacent to the construction area, which is the result of the contractor's operation, shall be stabilized in accordance with the most recent edition of the "Standards for Soil Erosion and Sediment Control in New Jersey."
[2]
Soil erosion and sediment control measures shall be provided and shall include silt fences at down slope perimeters of the disturbed area and a stabilized construction entrance.
[3]
Stockpiling of material and debris within the right-of-way is not permitted. The roadway shall be swept clean of all earth and debris at all times.
[4]
Requirements of soil erosion and sediment control permit shall override this section.
(j)
Other site details (if applicable).
[1]
Details of all proposed site improvements such as landscape or retaining structures, drainage facilities, etc., shall be submitted with and become part of the land grading application. All proposed site improvements not previously approved under site plan or subdivision approvals shall be submitted for review to determine compliance with applicable standards.
(2)
All grading plans must be prepared and sealed by a Professional Engineer or other licensed professional as deemed permissible by N.J.A.C. 13:40-7. All licensed professionals must be licensed by the State of New Jersey.
(3)
Outbound and topographic surveys must be prepared and sealed by a Professional Land Surveyor as deemed permissible by N.J.A.C. 13:40-7. All licensed professionals must be licensed by the State of New Jersey.
(4)
Individual lot grading plans associated with major subdivisions shall be substantially in conformance with the approved perfected preliminary plan for said subdivision.
F.
As-built plan requirements.
(1)
Following completion of all work, the applicant must provide an as-built survey plan, including, at a minimum, the following components:
(a)
Title block indicating the address of the site, lot and block designation and be titled "FINAL AS-BUILT SURVEY PLAN." The title block must contain the name, address and telephone number of the preparer. The plan must also contain the name and address of the applicant.
(b)
Signed and sealed by a licensed Land Surveyor in the State of New Jersey.
(c)
Legible and of sufficient scale and quality to be reproducible.
(d)
Show all existing structures, driveways, and other land features.
(e)
Show property lines and permanent easements and be identified by Lot and Block Numbers.
(f)
Provide existing elevation of centerline of roadway, top of curb and gutter, sidewalk and driveway apron. Where no curb exists, pavement edge elevation should be provided.
(g)
As-built contour lines at one foot intervals and spot elevations of high and low points. Contour lines must clearly show existing characteristics of topography such as existence of lawn swales, ditches, ridgelines and general pattern of drainage flow.
(h)
Show as-built spot elevation of all property corners and elevations at high and low points along property lines.
(i)
As-built elevations of the first floor and garage, as well as finished grades at all building opening and corners must be shown.
(j)
As-built locations of on-site wells and septic systems (if applicable)
(k)
Stream encroachment, flood boundary, and/or wetland lines shall be shown and a source of the information shall be noted on the plan (if applicable). In cases where no study is available, it shall be so noted on the plan.
(l)
Show all constructed stormwater management measures, including the following items (if applicable): bottom of basin elevation, top of basin elevation, location and elevation of all inlet and outlet structures, pipe and weir information and elevations for all structures within the basin, spillway information, width, and elevation. Additionally, the as-built survey shall include a constructed elevation-volume table.
(m)
Show any changes from the approved grading plan after construction is completed.
G.
As-built certification. The applicant must provide an as-built certification detailing compliance with, and any deviations from, the approved grading plan from a Professional Land Surveyor in the State of New Jersey or other licensed professional as deemed permissible by N.J.A.C. 13:40-7. The required certification is included on the "As-Built Plan Checklist and Certification" form and shall be submitted along with the as-built plan. The certification shall include the following language:
AS-BUILT CERTIFICATION CITY OF VINELAND, COUNTY OF CUMBERLAND, NEW JERSEY |
In accordance with City of Vineland Municipal Code Section 320-4, either I have, or a representative under my direct supervision has performed an as-built survey for the site located at: |
Work Location: (Insert Work Location Address) Block(s): (Insert Block Numbers), Lot(s): (Insert Lot Numbers) |
And in our professional opinion and observation certify that the site has been constructed in substantial conformity with the approved grading plan, with any deviations so noted below: |
(Insert Any Deviations from Approved Grading Plan) |
(Printed Name and License No.) Name of Professional Land Surveyor License No. |
For: (Insert Firm if applicable) |
(Signature and Date) |
SEAL |
H.
Penalties. Any person who shall violate any of the provisions of this section shall upon conviction be liable to the general penalty stated in § 1-15 of the City of Vineland Code. Each violation of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.