[HISTORY: 1988 Code §§ 84-1—84-13 adopted
as amended through December 31, 2013 and further amended by Ord. No. 25-2016. Amendments noted where
applicable and include Ord. No. 43-2022.]
The Council finds that uncontrolled and unregulated grading,
excavation and filling of land has resulted in conditions dangerous
or detrimental to the public health, safety and general welfare. It
is therefore determined that these concerns justify the regulation
of grading, excavation and filling for the protection of persons and
properties within the Township of Wayne.
A.
Short
title. This chapter shall be known and may be cited as the "Wayne
Township Grading Ordinance."
B.
Purpose.
The purpose of this chapter is to provide minimum standards to safeguard
persons, to protect property and to promote the public health, safety
and welfare by regulating, restricting and controlling the grading,
excavation or filling of land; the removal or destruction of topsoil,
trees or other vegetative cover; the altering of existing drainage
runoff patterns; and by regulating, restricting and controlling the
design, construction, quality of materials used, location and maintenance
of grading, excavations and fills.
C.
Applicability. This Chapter shall apply to any disturbance greater
than 500 square feet in area and/or greater than six inches (6") in
depth, not covered by any other permit.
[Ord. No. 25-2016]
[Ord. No. 25-2016]
A.
CUT
DISTURBANCE
EXCAVATION
FILL
GRADE
GRADING
GRADING PERMIT
LIMIT OF GRADING
PERSON
RETAINING WALL
RUNOFF
SWALE
TOPSOIL
WATERCOURSE
Definitions.
When used in this chapter, the following words shall have the meanings
indicated:
An excavation, the difference between a point on the original
ground and a designated point of lower elevation on the final grade;
the material removed in excavation.
Any activity involving the clearing, grading, excavating,
storing, filling or transporting of soil or any other activity that
causes soil to be exposed to the danger of erosion. The area of lot
"disturbance" shall include all portions of a lot which will be disturbed
by grading activity during construction including vehicle access and
stockpiling of materials.
Any act by which earth, sand, gravel, rock, asphalt, or other
similar material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom. Normal agricultural activities are excluded.
Any act by which earth, sand, gravel, rock or other similar
material is deposited, placed, pushed, dumped, pulled, transported
or moved to a new location above the natural surface of the ground
or on top of the stripped surface and shall include the conditions
resulting therefrom; the difference in elevation between a point on
the original ground and a designated point of higher elevation in
the final grade; the material used to make a fill.
The elevation of the existing ground surface at the location
of any proposed excavation or fill.
Excavation or fill, or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
Any permit required under this chapter.
The boundary line formed between those areas of a site that
are to be graded and the existing natural topography of the property.
The limit of grading shall be synonymous with a no-cut/no-fill line.
An individual, corporation, company, association, society,
firm, partnership, limited liability corporation or limited liability
partnership.
A structure 24 inches or greater but less than 48 inches
in height composed of concrete, steel, wood or other approved building
material constructed for the purpose of supporting a cut or filled
embankment which would otherwise not comply with the requirements
of the standards set forth in this chapter.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
A low-lying stretch of land which gathers or carries surface
water runoff and having an acceptable point of end discharge.
Surface soils and subsurface soil that presumably are fertile
soil material, ordinarily rich in organic matter or humus debris.
Topsoil is usually found in the uppermost soil layer called the "A-horizon."
A permanent stream, intermittent stream, river, brook, creek,
channel, ditch, swale or culvert for water, whether natural or man-made.
B.
Word
usage. Words in the singular include the plural, and words in the
plural include the singular. Present tense includes the future.
[Ord. No. 25-2016]
No person shall commence or perform any disturbance greater
than 500 square feet within the Township of Wayne without first having
obtained a grading permit. A separate grading permit shall be required
for each site. One permit may cover both an excavation and any fill
made on the same site. One permit may cover a continuous parcel to
be graded for a proposed major planned development, such as a residential
planned unit development or a planned industrial park. All work must
comply with the approved permit. Any changes or deviations would require
a revised plan and revised permit.
[Ord. No. 25-2016]
A grading permit will not be required for any of the following
situations:
A.
An
excavation or fill that does not exceed six inches in vertical depth
at its deepest point and where the disturbance is 500 square feet
or less of disturbance. Any disturbance in excess of 500 square feet
or more requires a grading permit.
[Amended 10-19-2022 by Ord. No. 43-2022]
B.
Agricultural,
silvicultural and gardening activities.
C.
Reseeding
or sodding of lawns and installation of landscaping on preexisting
lawn or landscaped areas. Topsoil replacement will be allowed under
this activity.
D.
Landscaping
without changing the grade and without retaining walls.
E.
Grading
under the authorization of a properly issued building permit (including
additions, pools, decks, and walls 4 feet or over in face height).
However, grading under the authorization of a building permit shall
follow the standards and requirements of this chapter.
F.
Grading
under the authorization of a properly issued quarrying operation permit
or soil mining/soil removal operations permit.
G.
Removal of noxious weeds without changing the grades.
H.
Driveway replacement in the same location and at the same size as
the existing driveway.
The provisions of this chapter shall not relieve any person
of the duty to comply with any other and more restrictive provisions
as set forth in the statutes and/or regulations of the State of New
Jersey, including the rules and regulations of the New Jersey Department
of Environmental Protection for flood hazard areas, freshwater wetlands
and transition areas and the New Jersey Department of Agriculture
for soil erosion and sedimentation control.
[Ord. No. 25-2016]
A.
Any
person desiring to do grading or related operations in the Township
of Wayne shall file a written application with the Township Engineer
on forms prescribed by the Township Engineer. The application shall
include the following information:
(1)
The names of the property owner and any agent of the owner.
(2)
Address, telephone number and email address of the property owner
and of the agent.
(3)
A letter of authorization from the owner.
(4)
Description of the land upon which the proposed grading is to be
done, by street address, lot, block, tract or similar description
which will readily identify and definitely locate the proposed work.
(5)
Statement as to the purpose for which the grading is proposed.
(6)
Date grading is to commence and length of time required to complete
grading.
(7)
Estimated area of grading and number of cubic yards to be removed
from or imported to the site.
(8)
The name and address of the excavator, contractor or the person having
charge, supervision and control of the proposed worksite.
(9)
Site grading plan.
(10)
Permit fee.
B.
Site
grading plan. A detailed site grading plan shall accompany every application.
The detailed site grading plan shall be drawn at a scale of not less
than one inch equals 50 feet. For projects involving less than 1,000
square feet of disturbance, this plan may be prepared by the property
owner or the owner's agent. For projects involving limits of grading
disturbance in excess of 1,000 square feet or more, the site grading
plan shall be drawn and certified by a licensed professional engineer,
surveyor, architect or landscape architect. The site grading plan
shall meet the requirements of N.J.A.C. 13:40-7. The detailed site
grading plan shall show information in accordance with the following:
(1)
The block and lot number, date, revision number and date, graphic
scale, north arrow, and the name and signature of the person who prepared
the site plan.
(2)
All lot lines, dimensions and private or public easements, and lot
area.
(3)
Location of all existing buildings with dimensions.
(4)
Location of all accessory structures such as sheds, pools, patios,
walkways and retaining walls.
(5)
If any changes are proposed for the existing driveway, a profile
of the driveway from the edge of the street pavement to the garage
will be required.
(6)
The location of any existing and proposed drainage structures and
pipes, watercourses, wells and water lines, sanitary sewerage disposal
fields and pipes.
(7)
Limits of grading or the no-cut/no-fill line and Limit of Disturbance
(LOD) with Maximum Allowable Disturbance (MAD) and Total Adjusted
Disturbance Area (TADA) calculations shown on the plans.
(8)
Existing and proposed contours may be required if the property has
slopes over 8% as shown on the available Township topography maps.
(a)
Existing and proposed contours at vertical intervals of two
feet with sufficient details and spot elevations to show the courts,
structure and capacity of all drainage facilities and the method of
drainage of the adjacent or contiguous property.
(b)
The existing and proposed spot elevations of the levels of land
at the corner of a foundation of any structure and the levels of land
above and below existing retaining walls as well as top and bottom
of wall elevations.
(c)
Benchmarks to which contour and spot elevations refer shall
be noted, and the datum shall refer to United States Coast and Geodetic
Survey datum (1929 NGVD or 1988 NAVD).
(9)
The location of all landscaping, including trees, shrubs and ground
cover, with type and size of trees. The location of all trees over
eight inches or greater in diameter within and extending 20 feet into
the LOD must be specifically indicated, and trees proposed to be cut
down shall be specifically labeled "to be removed and replaced".
(10)
The disposition and extent of topsoil and other soil to be removed
or backfilled.
(11)
The location and design details of any proposed walls less than four
feet in height.
(12)
Location of flood hazard areas, wetlands and transition areas as
determined by the New Jersey Department of Environmental Protection.
(13)
All applicable construction details.
B.
Every
grading permit shall expire by limitation and become null and void
if the work authorized by such permit has not been commenced within
six months of the date of the permit or the work authorized by such
permit has not been completed within one year from the date of issue
of the permit.
[Ord. No. 53-2014]
A.
The
permittee shall at all times during the work have the approved grading
plan on site. The permittee shall display the permit card issued at
all times while the work is in progress in a location that is clearly
visible from the street.
B.
The
permittee shall protect any grading operation by the erection of suitable
fence or barrier to limit public access.
[Ord. No. 25-2016]
A.
Excavations and fills.
(1)
Cut and fills shall not endanger adjoining property.
(2)
The top or bottom edge of cut or fill slopes shall generally be set
back from adjacent property lines or street right-of-way lines in
order to permit the normal rounding of the edge without encroaching
on the abutting property or street.
(3)
Cut and fill slopes shall not be steeper than two horizontal to one
vertical (2H:1V) unless stabilized by a retaining wall or cribbing.
(4)
Fill shall be placed and compacted so as to minimize sliding or erosion
of the soil.
(5)
No fill shall be placed over trees, stumps or other material that
could create a hazard.
(6)
Fills shall not encroach on natural watercourses or constructed channels.
(7)
Fills placed adjacent to natural watercourses or constructed channels
shall have suitable protection against erosion during periods of flooding.
(8)
No grading, cuts, fills or resulting slopes shall occur within public
Township rights-of-way without the appropriate right-of-way permit
and compliance with the standard Township details for construction
within rights-of-way.
(9)
During grading operations, necessary measures to prevent erosion
and to control sediment deposition from occurring onto adjacent properties
shall be exercised.
(10)
During grading operations necessary measures for dust control shall
be exercised.
(11)
No grading permit shall be issued for the filling of land with materials
other than clean soil or earth. Fill composed of or containing solid
waste shall not be permitted within any property within the Township.
(12)
Topsoil shall be placed over the top and exposed surfaces of the
excavation or fill to a depth of not less than 4 inches and sufficient
to conceal all materials and rocks within the fill.
(13)
Existing on-site topsoil shall not be removed from the property. Imported topsoil shall meet the specifications contained in Chapter 134, Land Development.
(14)
Notice to adjacent property owners. Before commencing any excavation
or fill which will affect an adjoining property or structures thereon,
the person making or causing the excavation or fill to be made shall
give written notice to the owners of said adjoining properties or
structures not less than 14 days prior to the date such excavation
is to be commenced.
B.
Drainage.
(1)
Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavations or the sloping surfaces of fills.
(2)
All lots, tracts or parcels shall be graded to provide proper drainage
of surface water away from buildings and dispose of it without unwanted
ponding or other ponding, except where approved such as for retention
basins.
(3)
All drainage provisions shall be of such design as to adequately
handle the surface runoff and carry it to the nearest suitable outlet,
such as a street, storm drain or natural watercourse. Where drainage
swales are used to divert surface waters away from buildings and around
properties, they shall be of such slope, shape and size as to convey
the 10-year storm within its banks. All swales shall be sodded or
planted in accordance with good soil erosion control practices.
(4)
Concentration of surface water runoff shall only be permitted in
swales or watercourses where it can be directed into an acceptable
discharge point.
(5)
No more than two upstream lots shall be permitted to drain into one
swale. Inlets and piping within private easements shall be utilized
when the number of lots draining to a single swale system exceeds
3.
(6)
Where a swale system drains to an inlet in an area that has no overland
relief, the inlet and pipe system shall be designed to convey the
25-year storm.
(7)
Swales shall not be permitted within the usable recreational portions
of side and rear yards and shall generally follow common lot lines.
(8)
Swales shall not be permitted along the tops of retaining walls without
adequate design and protection of said retaining wall.
(9)
Existing surface drainage patterns and directions of surface flow,
including onto properties of other landowners, shall be preserved
and maintained. Grading shall not be done in such a way as to redirect
or divert water from an existing different direction onto the property
of another landowner without the expressed written consent of the
affected landowner.
(10)
Existing or established swale systems or courses shall not be blocked,
narrowed, moved or redirected without the expressed written consent
of all the landowners involved who depend on said swale system for
their surface drainage disposal. Retaining walls, pools, sheds and
like structures shall not be constructed within established swales.
C.
Retaining walls.
(1)
Retaining walls shall not endanger adjoining properties.
(2)
Retaining walls must be constructed in accordance with sound engineering
practice, including proper backfill material and adequate wall drainage
facilities to prevent hydrostatic buildup. A building permit as provided
for by other municipal regulations shall be required for walls 4 feet
and higher and shall be designed and certified by a professional engineer.
Tiered walls shall be designed for increased or surcharge loading
of the upper tier onto the next lower tier.
(3)
Footings, deadmen, tiebacks or geo-grids shall not extend into adjoining
properties or easements without the express written consent of the
affected landowner.
(4)
No portions of any retaining wall shall be permitted within a Township
right-of-way or public easement unless the Township Council approves
an encroachment agreement.
D.
Protection of trees.
(1)
Trees that are not to be removed or destroyed as part of the grading
operation shall be protected from damage to their roots, trunks and
branches. Physical barriers and safeguards shall be employed as necessary
to assure the protection of said trees.
(2)
The existing natural grade at the base of a tree that is not to be
removed or destroyed shall not be altered within its dripline.
(3)
The roots of trees that are not to be removed or destroyed shall
not be indiscriminately cut or torn by digging equipment for trenches,
slopes or retaining walls as part of the grading operation.
[Ord. No. 25-2016]
A.
Inspections.
(1)
The proposed disturbance shown on the approved site grading plan
shall be subject to inspection and final approval by the Township
Engineer. Changes to or deviations from the approved plan will be
considered a violation of the permit unless approved as a revised
site grading plan prior to implementation of said changes.
(2)
The permittee or his/her agent shall notify the Township Engineer
in writing of the start and completion of each continuous grading
operation. Notice shall be received by the Township Engineer at least
2 working days before start or completion of grading operations.
(3)
Grading work at these stages or at any other time will be subject
to spot inspection, at the discretion of the Township Engineer, to
determine whether the work is being performed in compliance with this
chapter.
B.
Enforcement. In the event that the Township Engineer or his/her designee
finds existing conditions not as stated in the applicant's approved
grading plan, the Township Engineer or designee shall refuse to approve
further work and shall require necessary corrective measures to be
promptly installed. Immediately upon discovery or notification of
any violation of this chapter, the Township Engineer or designee shall
issue a written order to the permittee requiring compliance therewith
within 10 days of the date of the written order. The Township Engineer
or designee shall have the authority to issue stop-work notices, including
orders to correct or remove any work or condition in order to abate
any nuisance or safety hazard.
A.
Maintenance.
(1)
The owner of any property on which an excavation or fill has been
made shall maintain in good condition and repair the excavation or
fill permitted and also all retaining walls, cribbing, drainage swales
and structures, fences, ground cover and any other protective devices
as may be a part of the permit requirements.
(2)
If, at any time subsequent to the completion of the grading work,
the cut face or fill slope shall evidence conditions which might be
detrimental to the properties above and below the grading site, the
Township may direct the property owner to take necessary remedial
steps in accordance with sound engineering practice to restore the
grading to a safe condition and to do so in a reasonable period of
time.
B.
Liability. The issuance of a permit under the provisions of this
chapter shall not relieve any person from liability for damage to
either persons or property resulting from the grading, excavation
or filling of land undertaken pursuant to a permit issued in accordance
with this chapter, nor shall the issuance of a permit under the provisions
of this chapter impose any liability upon the Township, its agents,
servants and/or employees.
