Township of Harrison, NJ Issuance of Permits and Certificates

A certificate of occupancy shall be required prior to the sale, conveyance, occupancy for use (including rental) or change of use of land, building or structure or any part thereof for any residential, commercial, multi-use or industrial property. Reference is made to N.J.A.C. 5:23-2.23 et seq., entitled "Certificate requirements."

[Amended 12-3-2012 by Ord. No. 44-2012; 3-1-2021 by Ord. No. 04-2021; 5-3-2021 by Ord. No. 10-2021; 6-21-2021 by Ord. No. 14-2021]

Application for a certificate of occupancy shall be made in writing to the Construction Code Official on forms provided by the municipality.

[Amended 11-16-1992 by Ord. No. 19-1992; 2-2-2009 by Ord. No. 02-2009; 12-3-2012 by Ord. No. 44-2012]

(1)

When the use of a premises involves a new building or structure, or alterations to an existing building or structure requiring the issuance of a certificate of occupancy, such application shall be made when the permitted work has been completed and the building or structure is ready for occupancy.

(2)

When no construction or alteration is involved, an application for a continued certificate of occupancy may be made at any time. It shall be the responsibility of the Construction Code Official to determine whether the proposed occupancy shall conform to the provisions of this section. The application for a continued certificate of occupancy shall be deemed incomplete until the Construction Code Official has certified that all of the requirements have been satisfied.

Certificates of occupancy shall be granted or refused by the Construction Code Official within 10 business days after the receipt of a written application therefor. Failure to grant or deny such a certificate shall constitute an approval and granting of the certificate.

[Amended 2-2-2009 by Ord. No. 02-2009]

No certificate of occupancy shall be issued unless it is in conformity with the provisions of this chapter or so ordered by a court of competent jurisdiction.

[Amended 11-16-1992 by Ord. No. 19-1992]

Occupancy permits may be issued after final plan approval of a minor or major subdivision plan; or a minor or major site plan, but prior to completion of required public improvements and protective measures if a performance and maintenance guarantee has been accepted by the Township, and the following conditions are met:

[Amended 2-2-2009 by Ord. No. 02-2009; 12-3-2012 by Ord. No. 44-2012; 5-20-2013 by Ord. No. 14-2013]

(1)

All streets upon which occupancy is to take place shall have been constructed and paved to a level of completion that will provide an all-weather, hard surface for drainage, safe movement of vehicles, and be free of dust, debris, and ice and snow. Said streets shall also connect to a street circulation system of at least similar physical character.

(2)

All occupied lots shall be protected from drainage from surrounding lots, and the occupied lot shall have a completed lot drainage system.

(3)

All occupied lots shall be free from any encroachment resulting from anticipated future construction activities.

(4)

All occupied lots and buildings shall be served by a complete utility servicing system including water, sanitary sewer, electricity, source of heating energy and private telephone capability. Any of these said systems not completed according to subdivision or site plan design requirements and for which temporary provision is to be made prior to notice of completion of improvements to the Township shall be sufficiently operable as to provide safe, sanitary, and uninterrupted service.

(5)

Occupied lots shall be landscaped, weather permitting, with ground cover sufficient to prohibit erosion of soils by water or wind.

(6)

Submission of an as-built plan showing all structures on the lot, setback dimensions from property lines, utility locations, and grading.

(7)

A report from the Township Engineer that the lot is suitably graded and stabilized and that acceptable vehicle and pedestrian access is provided.

(8)

The Gloucester County Soil Conservation District has issued a report of compliance.

Occupancy permits for individual lots which are not included within an approved subdivision or site plan shall be issued after:

[Added 12-3-2012 by Ord. No. 44-2012[1]; amended 5-20-2013 by Ord. No. 14-2013]

(1)

Confirmation by the Construction Code Official that the subject lots and buildings are served by a complete utility servicing system.

(2)

Submission of an as-built plan showing all structures on the lot, setback dimensions from property lines, utility locations, and grading.

(3)

A report from the Township Engineer that the lot is suitably graded and stabilized and that acceptable vehicle and pedestrian access is provided if a performance guarantee has not been posted for the subject lot.

(4)

The Gloucester County Soil Conservation District has issued a report of compliance.[2]

[2]

Editor's Note: Former Subsection G, As-built regulations, added 11-16-1992 by Ord. No. 19-1992, as amended, which immediately followed this subsection, was repealed 5-20-2013 by Ord. No. 14-2013. This ordinance also provided for the redesignation of former Subsection H as Subsection G.

[1]

Editor's Note: This ordinance also provided for the redesignation of former Subsection F, As-built regulations, as Subsection G.

A temporary certificate of occupancy may be issued, pursuant to the requirements of N.J.A.C. 5:23-2.23 et seq., at the discretion of the Construction Code Official.

[Added 12-3-2012 by Ord. No. 44-2012; amended 5-20-2013 by Ord. No. 14-2013]

[Added 12-18-2000 by Ord. No. 24-2000; amended 8-6-2002 by Ord. No. 28-2002; 11-5-2003 by Ord. No. 33-2003; 9-8-2009 by Ord. No. 28-2009; 3-5-2012 by Ord. No. 10-2012; 12-3-2012 by Ord. No. 44-2012; 5-20-2013 by Ord. No. 14-2013; 8-3-2015 by Ord. No. 18-2015; 7-18-2022 by Ord. No. 18-2022; 8-7-2023 by Ord. No. 14-2023]

Applicability. The requirements set forth herein shall apply to development proposed on any lot in Harrison Township involving change in land cover resulting in land disturbance in excess of 1,000 square feet and/or for which a building permit is required (hereafter "applicable development").

Grading compliance as part of zoning permit.

(1)

A grading compliance review shall be included as part of the requirements for obtaining a zoning permit. No zoning permit shall be issued for applicable development until:

(a)

The Township Engineer has reviewed and approved a completed grading plan checklist and individual or multiple lot grading plan containing all the information required in the grading plan checklist for the proposed applicable development and meeting all requirements of this chapter;

(b)

The Zoning Officer or Zoning Clerk has approved, as part of the zoning permit application review, a written certification prepared by a New Jersey licensed professional engineer or land surveyor, that the proposed applicable development will substantially conform to an earlier approved individual or multiple lot grading plan and checklist, and that all conditions at the property, and relevant conditions at adjacent properties, are the same as they were when the earlier individual or multiple lot grading plan and checklist were approved; or

(c)

The Zoning Officer or Zoning Clerk has approved, as part of the zoning permit application review, a written certification prepared by a New Jersey licensed professional engineer or land surveyor that the proposed applicable development will conform to all grading specifications approved as part of a site plan, subdivision, or other Combined Planning Board or Township Committee approval, and that all conditions at the property and relevant conditions at adjacent properties are the same as they were when such earlier approval was granted.

(2)

The Township Engineer shall not review or inspect for compliance applicable to the Soil Erosion and Sediment Control Act.[1] unless the construction is exempt from certification requirements such as single-family dwelling construction or site work involving less than 5,000 square feet of land disturbance.

[1]

Editor's Note: See N.J.S.A. 4:24-39 et seq.

Grading plan checklist. Except as otherwise provided in this chapter, the following grading plan checklist must be completed and filed with the information it requires as part of any application for site plan, major subdivision, any application to the Joint Land Use Board or Township Committee that involves an applicable development as defined in Subsection A above, or any request for a zoning permit for applicable development. The required plan information may be included in individual or multiple lot grading plan, or it may be incorporated into a development applicant's major subdivision or site plan, provided that all of the required grading plan information is included on the same plan sheet. Any requested waivers from the checklist must be provided in writing, along with the reason(s) for said request.

GRADING PLAN CHECKLIST
[ ] 1.	Title block indicating the address of the site, lot and block numbers, name and address of the applicant. Individual lot grading plans must be entitled "Individual Lot Grading Plan." Multiple lot grading plans must be entitled "Multiple Lot Grading Plan." If grading information is incorporated into one of the sheets of a major subdivision or site plan, such sheet title must include the words "Grading Plan." For purposes of this checklist, "grading plan" shall refer to whichever of the aforesaid types of plans is submitted by an applicant for grading approval.
[ ] 2.	The grading plan must be signed and sealed (embossed) by a New Jersey licensed professional engineer. The plan must include the printed name, contact information, and address of the person who prepared the plan.
[ ] 3.	The grading plan must be drawn legibly at a scale of one inch equals 30 feet for developments of less than one acre or a scale of one inch equals 50 feet for developments of one acre or more, indicate a North arrow, and refer to the vertical datum on which the plan is based.
[ ] 4.	The grading plan must indicate all property lines, easements, and required setback lines for the lot to be developed. Copies of all existing or proposed drainage easements must be filed with this checklist unless already available to the Township as part of a pending development application file. All property lines must indicate bearing and dimensions, and the width of all easements must be shown on the plan.
[ ] 5.	The grading plan must indicate the distances between all existing and proposed structures on the lot to be developed and adjoining property lines.
[ ] 6.	The grading plan must indicate the right-of-way and cartway widths of all adjoining streets as well as the location of all existing and proposed curbs, sidewalks, and driveway aprons along the entire frontage of the lot to be developed.
[ ] 7.	The grading plan must indicate existing and proposed contours at one-foot intervals over the lot to be developed. Spot elevations and inverts must be provided at all inlets, catch basins, outfalls, culverts and other hydraulic structures within the aforesaid areas.
[ ] 8.	The grading plan must indicate existing and proposed spot elevations at all property corners of the lot to be developed.
[ ] 9.	The grading plan must indicate existing topography 50 feet beyond all property lines of the lot to be developed and, to the extent reasonably and legally ascertainable, spot elevations for all adjacent building corners.
[ ] 10.	The grading plan must indicate the location, materials, and dimensions of all existing and proposed structures and site improvements on the lot to be developed, including but not limited to buildings, sheds, decks, sidewalks, walkways, patios, decks, hardscapes, swimming pools, fences, fence location, fence type, and all underground and surface stormwater management/drainage facilities. Details and/or notes shall be provided for any pervious surfaces and stormwater management measures including green infrastructure. Hydrologic and hydraulic data and calculations shall be provided for any application requiring stormwater management control.
[ ] 11.	The grading plan must indicate all flood hazard areas, wetlands and wetland buffer lines, transition areas including riparian zones, and the flood fringe and floodway on the lot to be developed, or a signed certification from the applicant's engineer that none of these conditions exist. Delineation of wetlands shall be required where hydric soils are identified as being present on the property by the National Wetlands Inventory Maps or where currently delineated NJDEP wetlands extend from adjacent properties to the subject property.
[ ] 12.	The grading plan must indicate all trees over five inches' caliper within the construction area of the lot to be developed, including type, diameter at breast height (DBH), condition, and limit of clearing (excluding orchards and trees relating thereto).
[ ] 13.	The grading plan must indicate the foundation top of block elevations and finish floor elevations for all proposed structures and the floor elevation at the face of any garage on the lot to be developed. Spot elevations for all building, structure, and surface corners must be indicated.
[ ] 14.	If a basement is proposed, soil borings must be obtained and analyzed to determine the soil types and the depth of seasonal high-water table at the lot to be developed in order to reduce the risk of flood damage by confirming that the floor of the proposed basement will be higher than the seasonal high- water table. The results of analysis must be included in or filed with this completed checklist. Soil boring tests taken to satisfy requirements for septic permits shall be satisfactory to meet this requirement.
[ ] 15.	Location with directional flow arrows for all roof leader downspouts and any sump pump discharge pipes to grade from basements and/or crawlspaces. Plans must indicate in the notes and/or details scour protection devices to be used including but not limited to precast splash blocks, river rocks, or riprap at each of these locations in order to field-verify installation of correct types and directional flows during final inspection.
[ ] 16.	The grading plan must indicate the existing and proposed lot coverage.

Grading standards. The grading plan must conform to the following standards:

(1)

Purpose. The grading plan requirements are for the purpose of confirming that proposed applicable developments will not result in flooding, pooling or other drainage-related problems at the lot on which the development is proposed or on adjacent properties. Each grading plan must therefore confirm, to the Township Engineer's satisfaction, that the proposed applicable development on each lot will cause water to recharge and/or drain properly from the lot on which such development is proposed, and that such development will not increase the amount of water resulting from the 100-year storm frequency in accordance with the rainfall intensity standards of the current New Jersey Stormwater Best Management Practices Manual which drains onto adjoining lots (except as otherwise permitted as part of a final site plan, subdivision, or other Joint Land Use Board or Township Committee approval) or adversely change the manner in which it drains. All lots where applicable development is proposed must be graded to recharge and/or direct surface water runoff away from structures and toward the frontage road or other defined drainage paths that meet the Township Engineer's approval. Where a drainage problem already exists, the drainage plan must confirm, to the Township Engineer's satisfaction, that the proposed development will reduce the impact on adjoining tracts to the greatest extent reasonably possible by causing the surface water to recharge and/or drain into nearby streets, approved drainage facilities or other Township-approved devices.

(2)

Lawn areas. The grading plan must confirm that lawn areas will be sloped away from the building and structures at a minimum of six inches for the first 10 feet from foundation walls. A minimum slope of 2.0% is to be provided in all other lawn areas. The intent of these lawn area slope requirements is to confirm that water will flow away from foundation walls at an acceptable rate, and also to increase the probability that any standing water in lawn areas will dissipate and/or recharge within 24 hours following a storm event. Reference is made to the International Residential Code 2009, New Jersey Edition, Section R401.3, as subsequently amended.

(3)

Swales. The grading plan must confirm a minimum slope of 2.0% for all swales to provide a good flow of water within them. The Township Engineer is authorized to approve flatter slopes in instances where the Township Engineer is satisfied that special circumstances apply. Unless otherwise approved by the Township Engineer, swales must be indicated alongside lot lines so that water will flow from the rear portions of adjoining lots to the curb. If permitted by easement, the grading plan may also depict water as being directed from or over neighboring lots to the curb or other approved discharge point. The intent of this swale area slope requirement is to increase the probability that all standing water will be dissipated from swale areas within 48 hours following a storm event.

(4)

Slopes. The grading plan must confirm that all slopes are no greater than 3:1.

(5)

Driveways. The grading plan must confirm that driveway grades do not exceed 12% and show the thickness and material that the driveway will be composed of.

(6)

Off-lot grading and drainage. The grading plan must confirm that no grading will occur within five feet of a property line unless necessary to direct drainage off or onto the site and then into acceptable drainage facilities in accordance with these standards. If a grading plan indicates an intention to grade or direct drainage over an adjoining property to provide proper drainage, an existing or proposed easement for this purpose must be filed with the grading plan for review and approval by the Township Engineer and Township Solicitor (or the solicitor for the development board that has jurisdiction over the site plan, subdivision or other application with which the grading plan is submitted). If the grading plan is approved based on a proposed easement, the zoning permit will not be issued unless and until the developer has:

(a)

Properly conveyed and recorded the approved proposed easement in the Gloucester County Clerk's Office;

(b)

Provided a copy of the recorded easement to the Township Engineer, the development board that has jurisdiction over the site plan, subdivision or other application with which the grading plan is submitted, and the Township Solicitor (or the solicitor for the development board that has jurisdiction over the site plan, subdivision or other application with which the grading plan is submitted); and

(c)

Confirmed, to the Township or applicable development board solicitor's satisfaction, that the approved easement has been properly conveyed and recorded, and that it is not subject or subordinate to any other interest that could extinguish it or otherwise diminish its effectiveness.

(7)

Location of slope excavation. The top of any excavation of slope shall be no closer than five feet to an adjoining property and shall not provide for water runoff to the adjoining property unless an agreement shall have been provided and recorded as required by Subsection D(6), above.

(8)

Retaining walls. If a retaining wall is proposed, construction details must be provided. In cases where a retaining wall is higher than 48 inches, calculations must be prepared by a licensed professional engineer who certifies as to the stability of the structure.

Tree protection. The grading plan must show compliance with the Township's Tree Protection Ordinance/Compensatory Planting, § 225-138G.

Deadline for completion of grading. The zoning permit confirming compliance with the above grading ordinance requirements and any related building permit shall be issued simultaneously. All grading work shall be completed and the materials required for approval submitted as specified in Subsection G, below, prior to the expiration of the original or extended related construction/zoning or building permit, or by such other reasonable further extended deadline approved as part of a site plan, subdivision, or other Joint Land Use Board or Township Committee approval.

Approval of completed grading.

(1)

Each person to whom this section applies must obtain approval of completed lot grading by submitting a final as-built survey signed and sealed by a New Jersey licensed professional land surveyor, to be reviewed by the Township Engineer to confirm substantial compliance with the approved grading plan. Alternately, a written request to the Township for inspection may be provided for temporary approval request with deferred as-built plan submittal. The Township Engineer will review and decide upon as-built plans within 10 business days following receipt of a written request for same. Emailed requests to the Township zoning officer and their assistant will be allowed as beginning the ten-day review process, provided that the emailed as-built plans are signed by a New Jersey licensed professional land surveyor, all review and inspection fees due have been paid in full, and also provided that signed and sealed copies of the same emailed as-built plans are hereafter delivered to the Township within a five-day period. The Township Engineer will conduct site inspections and render opinions thereon within 10 business days following receipt of a written request for same and confirmation from the Township of the review and inspection fees paid in full.

(2)

The release of a performance guarantee or final approval shall not occur until either:

(a)

The Township Engineer has confirmed in writing that the finished grading at the lot for which the performance guarantee release or final approval is being requested substantially conforms to the developer's approved major subdivision plan, site plan, or individual or multiple lot grading plan(s):

(b)

The Township Engineer has confirmed in writing that the corrective grading and/or revised as-built plan as required in the temporary approval letter is approved by the Township Engineer as substantially or reasonably conforming to the grading proposed in the developer's approved major subdivision plan, site plan, or individual or multiple lot grading plan(s).

Permit and review fees. The following fees shall apply to applications for approval of grading in connection with zoning permit applications. The fees shall be paid at the time of application for a permit. Plan review fees are not refundable. With respect to subdivisions, "lot" means each lot that results or will result from the subdivision. Fees and costs of the Township Engineer's review and inspection can, at such applicant's option, be paid for on a time-and-materials basis as set forth in Subsection H(2), below, instead of a flat-fee basis as provided in Subsection H(1).

(1)

Permit, review and inspection fees.

(a)

Grading approval application fee (per lot, in addition to zoning permit fee): $55.

(b)

Engineer's review fee upon initial individual or multiple lot grading plan submission (per lot): $320

(c)

Engineer's review fee upon submission of each as-built plan or revised grading or as-built individual or multiple lot plan (per lot): $135

(d)

Initial site inspection fee (upon request for initial site inspection): $440 per lot.

(e)

Site reinspection, emergency inspection, or temporary approval extension fee (upon each requirement for site reinspection emergency inspection or temporary approval extension): $250 per lot.

(2)

Option to pay review and inspection costs based on time and materials; payment from application escrows. Applicants for development who have posted review/inspection escrows with the Township in connection with any application for site plan, subdivision, or other Joint Land Use Board or Township Committee approval may elect, in writing, to have the Township Engineer paid for any grading-related review and/or inspection pursuant to this section based on time expended and materials used rather than at the flat-fee rates set forth in Subsection H(1)(b) through (e) above. Additionally, any such applicant may elect, in writing, that any Township Engineer grading-related review/inspection fees (whether based on flat fee or time and materials) be paid from such applicant's review/inspection escrow(s), in which instance such applicant's grading plan(s) and/or lot(s), as elected, will be reviewed/inspected by the Township Engineer as part of such site plan, subdivision, or other Joint Land Use Board or Township Committee application, whereupon all of the Township Engineer's fees and costs for grading-related review/inspection will be reimbursed from such applicant's review/inspection escrow(s) along with all other review and inspection costs and fees relating to such application.