[Amended 3-5-2012 by Ord. No. 16-2012; 12-3-2012 by Ord. No.
44-2012; 5-20-2013 by Ord. No. 14-2013; 7-18-2022 by Ord. No. 18-2022; 8-7-2023 by Ord. No. 14-2023]
A. A zoning permit shall be required prior to the change in land cover
resulting in the land disturbance area over 1,000 square feet and/or
the erection, construction or alteration of any building, structure
or any portion thereof.
B. Application for permits shall be made in writing to the Zoning Officer
and shall contain all information necessary for such officer to ascertain
whether the proposed change in land cover resulting in the land disturbance
with the sitework, erection, construction, alteration or use complies
with the provisions of this chapter.
C. Such permits shall be granted or refused within 10 working days from
date of application completeness which includes payment of all application
related fees. Failure to grant or refuse a permit within the time
period shall constitute approval by the Township.
D. No zoning permit shall be issued except in conformity with the regulations
of this chapter, except after written order from the Joint Land Use
Board or the courts.
E. Application for a zoning permit shall be accompanied by plans in
triplicate drawn to a typically utilized scale in the land surveying
or civil engineering discipline and showing the following:
(1)
Actual dimensions and shape of the lot to be built upon;
(2)
Exact size and locations on the lot of all buildings and other
structures, if any, and the location and dimensions of proposed change
in land cover resulting in the land disturbance area over 1,000 square
feet including all buildings and other structures or alterations;
(3)
Existing and proposed uses, showing number of families the building
is designated to accommodate;
(4)
A grading plan, if applicable, in accordance with §
225-155;
(5)
A completed grading plan checklist, if applicable, as required
by § 255-155C;
(6)
A compensatory tree-planting plan, if applicable, as required by §
225-138G; and
(7)
Any other lawful information that may be required by Township
ordinances.
F. No zoning permit shall be issued except upon receipt of proof of
compliance with all state and county water and sewage rules and regulations.
G. A zoning permit shall not be valid or effective two years after the
date of issuance thereof, and shall thereafter be null and void unless
the use, change of use, extension of nonconforming use, change in
land cover resulting in the land disturbance area over 1,000 square
feet, erection, construction, repair remodeling, conversion, removal,
destruction or moving, alteration, or relocation of a building or
structure, authorized by such permit shall have been substantially
commenced within two years from the date of issuance and proceeded
with due diligence.
[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]
A. 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").
B. 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. 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.
C. 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
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[ ] 1.
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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.
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[ ] 2.
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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.
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[ ] 3.
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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.
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[ ] 4.
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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.
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[ ] 5.
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The grading plan must indicate the distances between all existing
and proposed structures on the lot to be developed and adjoining property
lines.
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[ ] 6.
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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.
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[ ] 7.
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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.
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[ ] 8.
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The grading plan must indicate existing and proposed spot elevations
at all property corners of the lot to be developed.
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[ ] 9.
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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.
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[ ] 10.
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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.
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[ ] 11.
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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.
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[ ] 12.
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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).
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[ ] 13.
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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.
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[ ] 14.
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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.
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[ ] 15.
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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.
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[ ] 16.
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The grading plan must indicate the existing and proposed lot
coverage.
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D. 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.
E. Tree protection. The grading plan must show compliance with the Township's Tree Protection Ordinance/Compensatory Planting, §
225-138G.
F. 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.
G. 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).
H. 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.