[HISTORY: Adopted by the Township Committee of the Township of Waterford as indicated in article histories. Amendments noted where applicable
[Adopted 3-23-2005 by Ord. No. 2005-2]
The requirements set forth herein shall apply to the development of all lots within the Township of Waterford for residential purposes. For developments where an overall grading plan has already been reviewed and approved by either the Planning Board or the Zoning Board of Adjustment, the review and approval of an individual lot grading plan prior to the issuance of a building permit is required. Any lot greater than one acre shall not be subject to the requirement to submit an individual lot grading plan, unless in the opinion of the Zoning Officer or Township Engineer there are special circumstances to require an individual lot grading plan.
As used in this article, the following terms shall have the meanings indicated:
- The construction, reconstruction or relocation of any residential structure; the enlargement of a residential structure, the construction or placement of an accessory structure including in-ground swimming pools on a residential lot resulting in a land disturbance of 500 square feet or more on a 1/4 acre or less lot or 1,000 square feet or more on a lot over 1/4 acre.
Nothing contained herein shall prohibit the Township Engineer from requiring a new, overall grading plan for review and approval. The applicant shall be entitled to administrative review, if the plan meets the performance standards contained herein, provided that the proposed changes do not violate or create a conflict with the prior approvals granted by the approving authority. If in the opinion of the Township Engineer the revised grading plan substantially deviates from the prior approval, the applicant shall be required to seek the approval of the applicable board.
The State of New Jersey, through the Uniform Construction Code, requires that a foundation location survey be submitted to the Township Construction Official as soon as possible after the installation of the foundation wall. Further, the final verification of such a prior approval rests with the Construction Official. This plan shall be prepared by a land surveyor licensed by the State of New Jersey and show all building corners of the foundation. To confirm that the top-of-block elevation conforms to the approved plan, the permittee shall also submit a foundation location plan to the Township Engineer for review. The foundation plan shall contain the top of block.
Nothing in this section shall prohibit a permittee from commencing with framing prior to the submission of the foundation location plan to the Engineer but will instead be a matter to be resolved by the contractor prior to the issuance of the certificate of occupancy. However, since the permittee shall demonstrate conformance to the performance standards listed below in § 155-5 prior to the issuance of the certificate of occupancy, it is recommended that the foundation location plan be submitted to the Engineer as soon after the installation of the foundation walls as possible.
Prior to the issuance of a certificate of occupancy, the permittee shall submit two copies of an accurate final survey (as-built plan) to the Zoning Officer and the Township Engineer for approval. The final survey (as-built plan) shall be prepared by a New Jersey licensed professional land surveyor. The purpose of the final survey (as-built plan) is to ensure that the lot grading is in substantial conformance to the approved plan and that the lot will adequately drain and have no adverse impact on adjoining properties. The final survey (as-built plan) shall be reviewed by the Township Engineer and determined to comply with the above standards.
All grading shall be done in a manner that will result in no adverse impact to adjacent properties. Adjacent properties with natural swales and/or wetlands must be evaluated to insure that adequate capacity is available to accept the runoff from the site being developed and graded. Whenever possible, the land shall be graded in one of the following methods:
The rear yard shall drain overland to the street through side yard swales on either side of the house, located on the common property lines with adjoining lots, and the front yard shall drain directly to the street;
The rear yard shall drain and be collected in a system of interior yard inlets and piping designed in accordance with accepted standards, connected to the development's overall stormwater drainage system, and the front yard shall drain directly to the street; or
The rear yard shall drain overland onto adjoining properties as permitted by right, i.e., no net increase in rate of runoff or manner of flow or via an acceptable easement, and the front yard shall drain directly to the street.
Groundwater collected by sump pumps must be discharged to the ground surface, outside of the building, a storm drain or a sump pump collection system. Sump pump discharge to Township streets creates a nuisance problem with algae buildup in the warm months. In the winter months, serious icing is created on the streets. Water from sump pumps which flows across the homeowner's property line can create a nuisance for neighbors. Extending the sump pump hose across the public sidewalk is also prohibited since it creates an obstruction along a walking path. Any discharge of water onto a public street is strictly forbidden and is the responsibility of the property owner to abate. Any stormwater or groundwater directed to the outside of the property by a mechanical means shall drain onto the private property as to not cause a hazard or other type of condition that would affect pedestrians, sidewalks, Township right-of-way or streets. No sump pump outlet shall drain or be pumped directly or indirectly onto the sidewalk or public street. A sump pump outlet shall be terminated within the area of the lot on which it is located and shall not discharge onto adjoining properties. A sump pump shall not discharge water, either directly or indirectly, into the sanitary sewer system.
[Added 8-8-2018 by Ord. No. 2018-21]
No more than three lots in a row shall be allowed to drain through a swale unless protected by an acceptable easement.
The minimum slope for swales, lawns, and disturbed areas shall be 2% and for smooth, hard surfaces, i.e., driveways, 0.5%. If slopes of 2% cannot be maintained for swales, a grade of 1.5% may be acceptable, under special circumstances and with justification, if the Township Engineer accepts the justification.
The maximum grade for driveways shall be 10% unless waived by the Township Engineer under special circumstances.
The top-of-block elevation shall be a minimum of eight inches above the highest adjacent grade and shall be provided on all grading plans. The notation of the finished floor alone is not acceptable.
Grading within eight feet of the dwelling shall be in accordance with local building codes.
Retaining walls over three feet in height must be designed and then reviewed and approved by the Township Engineer.
Topsoil moved during the course of construction shall be redistributed so as to provide at least five inches of spread cover to all seeded and planted areas of the development and shall be stabilized by seeding or planting. Topsoil shall be reasonably free of stone and contain no stones larger than two inches in any dimension. In the event that the quantity of topsoil at the site is insufficient to provide five inches of cover for all seeded and planted areas, the permittee shall provide and distribute a sufficient quantity of topsoil to provide such cover. The composition of any borrowed topsoil shall be in accordance with New Jersey Department of Transportation (NJDOT) standards and suitable for use in a residential setting.
The permittee may request a waiver of a particular performance standard upon presentation of a reasonable justification. The Township Engineer shall have the authority to review the request and issue an administrative change, provided it is not inconsistent with the intent of this article.
Where a performance bond and inspection escrow have already been or will be established, the requirements for the posting of fees may be waived, unless the permittee elects to proceed with the fixed fee schedule. In those instances where a permittee elects not to proceed with the fixed fee schedule, a separate line item for lot grading shall be included in the performance bond estimate and inspection escrow deposit shall be calculated pursuant to the Municipal Land Use Law (Chapter 291, Laws of N.J. 1975, N.J.S.A. 40:55D-1 et seq.). The bond amount for grading, stabilization and yard drainage for nonmunicipal property shall be $2,000 per acre actually disturbed. Separate items are to be listed for municipal and nonmunicipal property. The item for nonmunicipal property shall not convert over to any subsequent maintenance bond. Dollar amounts shall be updated as the need arises.
All conditions and requirements herein shall be consistent with the Pinelands stormwater management standards as set forth in the Pinelands Comprehensive Management Plan and any standard adopted hereto.
All of the requirements for the control of grading and drainage of residential lots shall be required to adhere to the checklist and application which is attached hereto and considered a requirement of this chapter.
Editor's Note: The checklist and application are on file in the Township offices.
Fees shall be as set forth in § 124-7.