The duty of enforcing and administering the
provisions of this chapter is hereby conferred upon the Zoning Officer.
He shall have such powers as conferred upon him by this chapter and
those powers which may be reasonably implied. The Zoning Officer shall
be appointed by the Township Committee and shall receive such compensation
as the Committee shall from time to time determine. The Zoning Officer
may, in addition to his appointment under this chapter, act as the
Township Construction Code Official.
It shall be the duty of the Zoning Officer or
his duly authorized assistant to cause any plans, buildings or premises
to be examined or inspected to determine that they are not in violation
of the provisions of this chapter. He shall have the right to enter
any building or premises by appointment during normal daytime working
hours in the course of his duties.
A.
When the Zoning Officer determines that any plans,
building or premises are in violation of the provisions of this chapter,
he shall issue an order in writing to the responsible party to remedy
such conditions. Said written order shall specify the nature of the
violation found to exist, the remedy ordered and the time permitted
for such action.
B.
The Zoning Officer shall order discontinuance of illegal
uses of land, buildings or structures; removal of illegal buildings
or structures or of additions, alterations or structural changes thereto;
or discontinuance of any illegal work being done, and shall take any
other action authorized by this chapter or the provisions of applicable
New Jersey laws to ensure compliance with or to prevent violation
of Zoning Ordinance requirements.
No building or other structure shall be erected,
moved, added to or structurally altered, and no lot shall be cleared,
graded or otherwise prepared for an open land use, without a proper
use permit, conditional use permit or certificate of occupancy being
issued therefor by the Zoning Officer. No zoning permit shall be issued
unless the proposed use or structure is in conformity with the provisions
of this chapter except upon written order of the Board of Adjustment
and/or Planning Board.
[Amended 8-4-2010 by Ord. No. 844]
All applications for zoning permits shall be
accompanied by plans in duplicate, drawn to scale, showing the actual
dimensions and shape of the lot to be built upon, the exact size and
location on the lot of any buildings already existing and the location
and dimensions of the proposed building or alteration. The application
shall include such other information as reasonably may be required
by the Zoning Officer, including such things as existing or proposed
open land uses; existing or proposed accessory buildings or structures;
the number of families, housekeeping units or rental units the building
is designed to accommodate; and such other matters as may be necessary
to determine conformance with and provide for the enforcement of this
chapter. One copy of the plan shall be returned to the applicant by
the Zoning Officer after he has marked such copy either as approved
or disapproved and attested the same by his signature. The second
copy of the plans similarly marked shall be retained by the Zoning
Officer. Extra copies of application and plans will be required in
the case of conditional use applications requiring site plan review.
The applicant shall submit a fee in the amount of $25 with the application.
[Amended 5-20-1985 by Ord. No. 393; 3-9-1988 by Ord. No.
435; 4-25-1990 by Ord. No. 480;[1] 8-1-2007 by Ord. No. 798]
In order to protect and preserve the road network
of the Township, ensure the efficient and safe movement of traffic,
promote the development of a well-ordered community, further the objectives
of comprehensive planning and best serve and protect the public health,
safety and general welfare, no public, professional, commercial, industrial
or other nonresidential or nonagricultural or general purpose use
and no multiple-family dwelling use, except for developments consisting
of two-family dwellings and except as otherwise provided in this section,
shall be permitted, nor shall any zoning permit be issued or occupancy
permit countersigned for such uses until site plan approval has been
received. Notwithstanding the above-stated requirements, the Carneys
Point Township Planning Board may waive site plan review requirements
when the lot under consideration is already substantially developed
and the use proposed is substantially the same as that already existing.
If an applicant desires to seek a waiver of the site plan review requirements
as set forth herein, the applicant shall submit an application requesting
such relief to the Planning Board and pay such application fee as
is otherwise required by ordinance. Sheds smaller than 200 square
feet without a permanent foundation may be placed on commercial properties
without updated site plan review by the Planning Board, provided that
a zoning permit is issued.
A.
Preliminary site plan submission requirements. In
addition to the information required for a zoning permit, materials
to be submitted with each application for site plan review shall clearly
show the conditions on and adjacent to the site at the time of the
application, the features of the site which are being incorporated
into the proposed use or building and the appearance and function
of the proposed use or building. Site plans shall be signed and sealed
by either a New Jersey licensed professional engineer or registered
architect. It shall be drawn in black-on-white at a scale not less
than one inch equals 50 feet. As a minimum, the application shall
provide the following information, including plans for both before
and after conditions:
(1)
The location, design and dimensions of each use and
building.
(2)
The building or use setback distances from all property
lines.
(3)
Special relationships to any existing buildings or
structures in the general vicinity.
(4)
The location, dimensions and arrangement of streets,
vehicular accessways, off-street parking, loading and unloading areas.
(5)
The location and dimensions of sidewalks, recreation
and landscaped areas.
(6)
The location, design and dimensions of open areas,
buffer areas, screening arrangements and public easements.
(7)
The amount, location, sizes and species of landscape
materials.
(8)
Lighting of buildings, signs and grounds.
(9)
Size, type and location of signs.
(10)
The location, size and direction of flow of
all streams, brooks, ditches, lakes and ponds.
(11)
Contours at two-foot intervals for slopes averaging
5% or greater and one-foot contours for slopes less than 5%, unless
determined by the Township Engineer to be unnecessary in whole or
in part.
(12)
Plans and design data for storm drainage facilities.
(13)
The location, arrangement and description of
water supplies and sewage disposal facilities.
(14)
At a minimum, the floor plan and front elevation
of all proposed principal buildings and all contemplated accessory
buildings and structures.
(15)
The Tax Map sheet, block and lot numbers.
(16)
The name and address of the owner, developer
and person preparing the plan.
(17)
A key map showing the location of the site and
its relation to surrounding areas.
(18)
A certificate from the Tax Collector that all
taxes are paid to date.
(19)
Such other data and plans as the Planning Board
may require to properly take action on the application.
(20)
An environmental impact statement, in triplicate,
signed and sealed by a New Jersey licensed engineer or a New Jersey
licensed professional planner, preferably with experience in environmental
studies, shall be submitted in connection with an application for
site plan approval. As used in this section an environmental impact
statement means a written description and analysis of all possible
direct and indirect effects the development will have upon the development's
site, as well as upon the surrounding region affected thereby, with
particular reference to the effect of the development upon the public
health, welfare and safety; the protection of public and private property;
and the preservation and enhancement of the natural environment. Every
environmental impact statement shall contain the information required
per checklist Schedule D attached hereto.[2] The Planning Board may waive the requirement for an environmental
impact statement if the Planning Board finds, upon evidence submitted
by the applicant, that the proposed development will have a slight
or negligible environmental impact.
[2]
Editor's Note Schedule D is on file in the
office of the Township Clerk.
B.
Final site plan submission requirements. In addition
to the information required for preliminary site plan submission,
the final submission shall show compliance with all conditions of
preliminary approval.
C.
In connection with all site plan reviews, the Planning
Board shall also, on the advice of the Township Engineer, determine
the amount of the performance guaranty that should be filed with the
Township prior to the issuance of any zoning permit or certificate
of occupancy to ensure the timely installation of all improvements
as shown on the site plan or required by the Planning Board, such
as but not limited to drainage, street improvement, recreational areas,
landscaping, off-street parking and loading areas, lighting, side-walks
and sanitary sewer and water lines. The performance bond or other
security shall be approved by the Planning Board as to substance and
by the Township Solicitor as to form. The provisions of N.J.S.A. 40:55D
53 shall govern said bonds and the completion, inspection and approval
of said improvements and the payment of inspection fees.
D.
Supervision.
(1)
All required improvements shall be installed under
the supervision and inspection of a designated representative of the
Township, the cost thereof to be borne by the developer under the
fee provisions as may be provided by ordinance.
(2)
All construction stakes and grades thereon shall be
set by a professional engineer in the employ of the developer or his
contractor, and a duplicate copy of the notes made therefrom shall
be filed with the Township Engineer.
(3)
No construction work shall commence without the Township
Engineer being properly notified. Such notice shall be given at least
one week before said commencement of work.
[1]
Editor's Note: This ordinance also provided that it shall
govern all applications for development filed on or after 5-1-1990.
[Added 7-15-2020 by Ord.
No. 960]
A.
Required guarantees; surety. In accordance with N.J.S.A. 40:55D-53.4
for the purpose of assuring the installation and maintenance of bondable
land development improvements, as a condition of all final site plan,
subdivision, and/or zoning permit approvals, the Board or Zoning Officer,
as appropriate, shall require, and the Township Committee shall accept
the following guarantees:
(1)
Performance guarantees.
(a)
The furnishing of a performance guarantee in favor of the Township
in an amount not to exceed 120% of the cost of installation of only
those improvements required by an approval or developer's agreement,
ordinance, or regulation to be dedicated to a public entity, and that
have not yet been installed for the following improvements as shown
on the approved plans or plat: streets, pavement, gutters, curbs,
sidewalks, street lighting, street trees, surveyor's monuments, as
shown on the final map;, water mains, sanitary sewers, community septic
systems, drainage structures, public improvements of open space, and
any grading necessitated by the preceding improvements. The performance
guarantee shall also cover the cost for privately-owned perimeter
buffer landscaping in an approved phase or section of a development,
either as a separate guarantee or as a line item of the performance
guarantee.
(b)
The cost of the improvements covered by the performance guarantee
shall be determined by the Township Engineer.
(c)
The Township Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(2)
Maintenance guarantee.
(a)
In accordance with N.J.S.A. 40:55D-53.4a(2), developer shall
post with the municipality a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, in-flow and water
quality structures within the basins, and the out-flow pipes and structures
of the stormwater management system, if any, which cost shall be determined
by the municipal engineer. Additionally, in accordance with N.J.S.A.
40:55D-53.4a(2) a maintenance guarantee is required for any items
on the performance bond associated with improvements being dedicated
to the Municipality if any, which cost shall be determined by the
municipal engineer.
(b)
The maintenance guarantee shall be furnished upon the inspection
and issuance of final approval of the applicable private site improvements
by the municipal engineer.
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
(3)
Temporary certificate of occupancy guarantee.
(a)
Pursuant to N.J.S.A. 40:55D-53(1)(c), a developer shall furnish
a temporary certificate of occupancy guarantee ("TCOG") whenever the
developer seeks a temporary certificate of occupancy for a development,
unit, lot, building, or phase of development. The TCOG shall be furnished
in favor of the municipality in an amount equal to 120% of the cost
of installation of any improvements which remain to be completed or
installed under the terms of the temporary certificate of occupancy;
are required to be completed or installed as a condition precedent
to the issuance of a permanent certification of occupancy; and are
not covered by an existing performance guarantee.
(b)
The scope and amount of the TCOG shall be determined by the
municipal engineer.
(c)
The TCOG shall be released upon the issuance of a permanent
certificate of occupancy along with the approval of the municipal
engineer.
(4)
Safety and stabilization guarantee.
(a)
Pursuant to N.J.S.A. 40:55D-53(1)(d), a developer shall furnish
a safety and stabilization guarantee ("SSG") in favor of the municipality,
either as a separate guarantee or as a line item of the performance
guarantee.
(b)
The amount of the SSG for a development with bonded improvements
in an amount not exceeding $100,000 shall be $5,000. The amount of
the SSG for a development with bonded improvements exceeding $100,000
shall be calculated as a percentage of the bonded improvement costs
of the development or phase of development as follows:
[1]
$5,000 for the first $100,000 of bonded improvement
costs, plus 2.5% of bonded improvement costs in excess of $100,000
up to $1,000,000, plus 1% of bonded improvement costs in excess of
$1,000,000.
(c)
The municipality shall release a separate SSG to a developer
upon the developer's furnishing of a performance guarantee which includes
a line item for safety and stabilization in the amount required pursuant
to this chapter.
(d)
A SSG shall be available the municipality for the purposes of
returning property that has been disturbed to a safe and stable condition,
or taking other measures to protect the public from access to an unsafe
or unstable condition. An SSG shall be shall only be available to
the municipality when:
[1]
Site disturbance has commenced and, thereafter,
all work on the development has ceased for a period of at least 60
consecutive days following such commencement for reasons other than
force majeure; and
[2]
Work has not recommenced within 30 days following
the provision of written notice by the municipality to the developer
of the municipality's intent to claim payment under the guarantee.
A municipality shall not provide notice of its intent to claim payment
under a SSG until a period of at least 60 days has elapsed during
which all work on the development has ceased for reasons other than
force majeure. A municipality shall provide written notice to a developer
by certified mail or other form of delivery providing evidence of
receipt.
(e)
The municipality shall release a SSG upon the Municipal Engineer's
determination that the development of the project site has reached
a point that the improvements installed are adequate to avoid any
potential threat to public safety.
B.
Other governmental agencies. In the event that other governmental
agencies or public utilities will automatically own the utilities
to be installed or the improvements are covered by a performance or
maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the Township for such utilities or improvements.
C.
Township Solicitor review. The performance, maintenance, TCOG and
SSG guarantees must be reviewed by the Township Solicitor to confirm
that they are issued satisfactory as to form, sufficiency and execution
and they meet all statutory requirements. After review and approval
of the Township Solicitor all guarantees must be posted in original
form with the Township Clerk prior to the Planning Board Chair' and
Secretary's signature of any site plan, subdivision plat or minor
subdivision deed, and prior to issuance of any zoning, building or
other permit or certificate.
D.
Extension of time. The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the municipal engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-23.4 as of the time of the passage of resolution.
E.
Default; reductions and release. If the required improvements are
not completed or corrected in accordance with the performance guarantee,
the developer and surety, if any, shall be liable thereon to the municipality
for the reasonable cost of the improvements not completed or corrected
and the municipality may either prior to or after the receipt of the
proceeds thereof complete such improvements. Such compilation or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.). Otherwise,
the guarantees will be subject to reduction and release as provided
in N.J.S.A. 40:55D-53.
F.
Request for list of uncompleted or unsatisfactory completed improvements.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the governing body in writing, by certified mail addressed in care
of the municipal clerk, that the municipal engineer prepare, in accordance
with the itemized cost estimate prepared by the municipal engineer
and appended to the performance guarantee pursuant to this section,
a list of all uncompleted or unsatisfactory completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the municipal engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the municipal engineer shall inspect
all bonded improvements covered by obligor's request and shall file
a detailed list and report, in writing, with the governing body, and
shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request. The list prepared
by the municipal engineer shall state, in detail, with respect to
each bonded improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent of, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. The
report prepared by the municipal engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the municipal engineer
and appended to the performance guarantee pursuant to this section.
G.
Action by governing body. The governing body, by resolution, shall
either approve the bonded improvements determined to be complete and
satisfactory by the municipal engineer, or reject any or all of these
improvements upon the establishment in the resolution of cause for
rejection, and shall approve and authorize the amount of reduction
to be made in the performance guarantee and the "safety and stabilization
bond" relating to the improvements accepted, in accordance with the
itemized cost estimate prepared by the municipal engineer and appended
to the performance guarantee pursuant to this section. This resolution
shall be adopted not later than 45 days after receipt of the list
and report prepared by the municipal engineer. Upon adoption of the
resolution by the governing body, the obligor shall be released from
all liability pursuant to its performance guarantee and "safety and
stabilization bond," with respect to those approved bonded improvements,
except for that portion adequately sufficient to secure completion
or correction of the improvements not yet approved; provided that
30% of the amount of the total performance guarantee and "safety and
stabilization bond" posted may be retained to ensure completion and
acceptability of all improvements. For the purpose of releasing the
obligor from liability pursuant to its performance guarantee and "safety
and stabilization bond, "the amount of the performance guarantee and
"safety and stabilization bond" attributable to each approved bonded
improvement shall be reduced by the total amount for each such improvement,
in accordance with the itemized cost estimate prepared by the municipal
engineer and appended to the performance guarantee pursuant to subsection
a. of this section, including any contingency factor applied to the
cost of installation. If the sum of the approved bonded improvements
would exceed 70% of the total amount of the performance guarantee,
then the municipality may retain 30% of the amount of the total performance
guarantee and "safety and stabilization bond" to ensure completion
and acceptability of all improvements, as provided above, except that
any amount of the performance guarantee attributable to bonded improvements
for which a "temporary certificate of occupancy bond" has been posted
shall be released from the performance guarantee even if such release
would reduce the amount held by the municipality below 30%. If any
portion of the required improvements is rejected, the approving authority
may require the obligor to complete or correct such improvements and,
upon completion or correction, the same procedure of notification,
as set forth in this section shall be followed.
H.
Engineering inspection fees. The obligor shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements: which fees shall not exceed the sum of the amounts set forth in Subsection H(1) and (2). The developer shall post the inspection fees in escrow in an amount:
(1)
Not to exceed 5% of the cost of bonded improvements that are
subject to a performance guarantee under in accordance with this section;
and
(2)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee this section, which cost
shall be determined pursuant to N.J.S.A. 40:55D-53.4.
(3)
Installments. For those developments for which the inspection
fees total less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited in escrow
by a developer shall be 50% of the inspection fees. When the balance
on deposit drops to 10% of the inspection fees because the amount
deposited by the developer has been reduced by the amount paid to
the municipal engineer for inspections, the developer shall deposit
the remaining 50% of the inspection fees. For those developments for
which the inspection fees total $10,000 or greater, fees may, at the
option of the developer, be paid in four installments. The initial
amount deposited in escrow by a developer shall be 25% of the inspection
fees. When the balance on deposit drops to 10% of the inspection fees
because the amount deposited by the developer has been reduced by
the amount paid to the municipal engineer for inspection, the developer
shall make additional deposits of 25% of the inspection fees.
(4)
Request for additional deposit. If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection H(1) and (2) of this section, is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the municipal engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
I.
Applicability of amendments not codified in this section. Any and
all amendments made to N.J.S.A. 40:55D-53 et. al. that have not been
codified in this section shall be deemed incorporated herein.
J.
Applicability to existing projects. The modifications in this section
shall be applicable to all projects that have not received final approvals
from the Township Planning Board or the Township Zoning Board of Adjustment
and/or which have not posted bonds and begun construction of required
improvements as of January 16, 2018, the date of enactment of P.L.
2017, c.312 obviated the Township's previously lawful ordinances.
In reviewing any site plan application, the
Planning Board shall be guided by any pertinent comprehensive plan
recommendations, policies and proposals, any specific standards relating
to particular uses contained in this chapter and the following general
site design standards:
A.
Environmental considerations.
(1)
Every effort shall be made to either preserve the
landscape in its natural state or to improve existing site conditions
in keeping with adjacent areas.
(2)
Wherever possible, excessive cut or fill should be
avoided, floodplains respected and, where necessary, incorporation
in the design of erosion control measures, including terracing, stilling
ponds, surface water retention basins, grassed slopes, grassed swales,
etc.
(3)
In the orientation and siting of buildings, the unique
characteristics of the site shall be taken into account with consideration
given to relating buildings and accessory uses to the topography of
the site; creating desirable focal points; preserving a natural view;
providing desirable space enclosures; and respecting the established
character of the surrounding neighborhood.
B.
The site plans shall provide for the development of
the project as a unified whole with design features that will tie
principal, accessory and other site structures together and relate
site features successfully and harmoniously to similar elements in
surrounding buildings or structures. In criticizing these aspects
of the site plan, the Board shall consider building materials to be
used, the use of color and texture, the massing of architectural elements,
the nature and positioning of windows, doors and other building features,
advertising structures and elements, building height, paving materials,
landscape materials and pedestrian and vehicle accommodations and
furnishings. In the case of auto parking areas, truck loading areas,
utility buildings and structures and similar accessory areas and structures,
special consideration shall be given to the use of screen planting
or other screening methods, where said features or structures are
incongruous with the existing or contemplated character of adjacent
areas.
[Added 7-18-2018 by Ord.
No. 934]
All applications for building permits must be accompanied by
a grading plan. A building permit shall not be issued until a grading
plan has been reviewed and approved by the Township Engineer in accordance
with the provisions of this section.
A.
Applicability. The requirements set forth herein shall apply for
the development of all lots within Carneys Point Township, whether
for residential or commercial purposes, and when there is an application
for development before a development review board of the Township.
Expressly excluded from the requirements set forth herein is the construction
of proposed additions and/or buildings of 600 square feet (footprint)
or less and properties with existing single-family dwellings, where
the property owner is seeking to add an addition, pool, out building(s)
and/or other improvement (such as driveways, patios, etc.) in excess
of 600 square feet.
B.
Grading plan requirements. The developer of a tract of land in the
Township must provide grading plans for each lot proposed to be developed.
The grading plans shall contain all the information required in the
grading plan checklist, which shall be made available to all applicants
in the form that follows. The developer must submit a completed grading
plan checklist with the application for development.
C.
Prior to commencing the framing of the building, but upon completion
of the foundation wall or on-grade slab, the lot survey shall be submitted
to the Construction Official and Township Engineer, revised as may
be necessary, showing as-built elevation and horizontal locations
of the top of foundation walls or on-grade slab, as appropriate, and
the elevations of either the top of the concrete curb or edge of street
pavement where there is no curb.
D.
Grading plan checklist. The following shall be the grading plan checklist.
The applicant must complete this checklist and supply the required
information.
|
Grading Plan Checklist
| ||
|---|---|---|
|
( )
|
1.
|
Title block indicating the address of the site, lot and block
numbers, name and address of the applicant and title "grading plan."
|
|
( )
|
2.
|
The plan must be signed and sealed (embossed) by a professional
land surveyor and professional engineer or architect licensed in the
State of New Jersey.
|
|
( )
|
3.
|
The plan must be legibly drawn at a minimum scale of one inch
equals 30 feet, indicate a North arrow and refer to the vertical datum
on which the plan is based.
|
|
( )
|
4.
|
The plan must indicate all property lines, easements, deed restrictions
and required setback lines. All property lines must indicate bearing
and dimensions, and the width of all easements must be shown on the
plans.
|
|
( )
|
5.
|
The distances between all existing and proposed structures and
adjoining property lines must be indicated on the plan.
|
|
( )
|
6.
|
The 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 subject property.
|
|
( )
|
7.
|
The plan must indicate existing and proposed contours at one-foot
intervals over the entire lot areas to be disturbed and 50 feet beyond
the limit of grading (if access is permitted). Spot elevations and
inverts should also be provided at all inlets, catch basins, outfalls,
culverts, and other hydraulic structures.
|
|
( )
|
8.
|
The plan must indicate existing and proposed spot elevations
at all building and property comers.
|
|
( )
|
9.
|
The plan must also indicate existing topography 50 feet beyond
all property lines (if access is permitted) and spot elevations for
all adjacent building comers.
|
|
( )
|
10.
|
The plan must also indicate the location and dimensions for
all structures and site improvements, including, but not limited to,
the following: buildings, sheds, decks, swimming pools, fences, fence
type, drainage facilities, and information relating to any detention
or retention facilities relating to this subsection.
|
|
( )
|
11.
|
The plan must indicate all stream encroachment, wetlands, and
wetland buffer lines and floodplains.
|
|
( )
|
12.
|
The plan must indicate the first floor and basement elevations
for all proposed structures. Spot elevations for all building corners
must be indicated. If a basement is planned, soil boring(s) or test
pit(s) will be necessary to provide information relating to soil types,
and the depth to seasonal high-water table, and such other information
as may be necessary for construction. The soil boring information
must be signed and sealed by a licensed New Jersey professional engineer.
A copy must be provided to the Construction Code Official.
|
|
( )
|
13.
|
The plan must indicate the location of all proposed utility
services, including vents and cleanouts.
|
E.
Grading standards. The grading plan must conform to the following
standards:
(1)
All grading shall be done in such a way as to not result in
any adverse effects to adjacent properties. The plan shall not increase
the amount of water which drains onto adjoining lots. For properties
where a drainage problem already exists, the drainage plan shall reduce
the impact on adjoining tracts to the greatest extent possible by
causing the surface water to drain to nearby streets, into approved
drainage facilities or into other accepted devices. All lots shall
be graded to direct surface water runoff away from structures and
toward the frontage road or other defined drainage paths.
(2)
All lots where fill material is deposited shall have clean fill
and/or topsoil placed, which shall be graded to allow positive drainage
away from all buildings and complete surface draining of the lot into
local storm sewer systems or natural drainage courses. No regrading
of a lot shall be permitted which would create or aggravate water
stagnation or a drainage problem on the site or on adjacent properties;
or which will result in any topsoil or subsoil removal from the site
or from the Township; or which will violate the provisions of the
soil erosion and sediment control soil removal and redistribution,
and floodplain provisions of the Code of Ordinances of Carneys Point
Township. Grading shall be limited to areas shown on an approved site
plan or subdivision, if applicable. Any topsoil disturbed during approved
excavation and grading operations shall be redistributed through the
site.
(3)
Lawn areas shall be sloped away from the buildings and structures
at a minimum of 5% for the first six feet from a foundation wall.
A minimum slope of 1% should be maintained in all other lawn areas.
A minimum typical slope of 2% shall be maintained for all swales.
A slope of less than 2% may be permitted for swales based on the constraints
of existing topography. Swales are normally placed at the edge of
two lots so that water will flow from the back of the house to the
curb. Water also may be directed to flow on neighboring lots where
easements are applicable to the curb or to the source where the water
will be discharged.
(4)
All slopes shall be no greater than 3:1.
(5)
Driveway grades shall not exceed 10%.
(6)
No grading shall occur within five feet of a property line unless
necessary to direct drainage off the site and into acceptable drainage
facilities in accordance with these standards. When an applicant proposes
to grade over an adjoining property line, written permission/agreement
from the adjoining property owner must be obtained and a waiver from
the minimum requirements must be obtained from the Township Engineer.
Where an applicant proposes to grade over an adjoining property line,
written permission in the form of an agreement for easement shall
be recorded in the Salem County Clerk's office, from the adjoining
property or developer, and a copy shall be filed with the Construction
Office of Carneys Point Township, and the Planning or Zoning Board
of the Carneys Point Township where a subdivision or a variance shall
have been approved. The document between the parties must be notarized
in order to file and record. (The office of the County Clerk acts
as a registrar of deeds and all other recorded documents, and the
right to grade on an adjoining property becomes an easement or right
against the adjoining property.)
(7)
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 indicated under Subsection E(6).
(8)
If a retaining wall is proposed, construction details must be
provided. In cases where a retaining wall is higher than 48 inches,
calculations prepared by a licensed professional engineer must be
submitted certifying the stability of the structure.
(9)
A grading plan is also required for all major subdivisions and
site plans. The plan shall show all existing and proposed contours
at one-foot contour intervals. Either the footing and top-of-foundation
elevations shall be shown consistent with the grading plan for the
site and for each building, or the plan shall include a general note
that top-of-foundation and other required elevations shall be provided
as part of the request for construction permit, with the elevations
being consistent with the approved development plan and other design
requirements such as, but not limited to, driveway slopes.
(10)
The use of basements in conjunction with any development shall
be based on a report from a professional engineer, licensed in the
State of New Jersey, indicating that the seasonal high water table
is at least one foot below the surface of the lowest portion of a
finished or unfinished floor or crawlspace floor. This report must
indicate the elevation of the seasonal high-water table and the elevation
of the lowest portion of a finished or unfinished floor or crawl space
floor. The report must be submitted at the time of a building permit
request and must be based on a soil boring(s) or test pits(s) found
acceptable by the Construction Code Official.
F.
Approval procedures.
(1)
The Township's Planning and Zoning Boards are designated to
receive, review and determine site plans, for purposes of establishing
drainage and other issues relating to applications for development.
Grading is a part of a site plan application. In the event any grading
plan submitted under this chapter shall not be approved by the Township
Engineer, an application for site plan with the Planning or Zoning
Boards, wherever jurisdiction shall lie, shall be submitted for purposes
of a final determination.
(2)
The Township Engineer shall inspect the final grade, with written
notice to the applicable board and to the developer. The developer
must contact the Township Engineer for a final grade inspection seven
working days preceding the issuance of any certificate of occupancy.
(3)
Following completion of all grading and drainage work, the applicant
must submit to the Township Engineer and Construction Office two copies
of an as-built survey, prepared by a New Jersey licensed surveyor,
with final grades, and request a final inspection 14 days prior to
any certificate of occupancy. If a major discrepancy exists between
the grading plan and actual construction, the developer will be required
to perform any necessary site work to correct the deficiency. All
as-built site work must be done in conformity with the approved grading
plans. Any significant deviations may be approved only by the relevant
approving agency.
(4)
Following completion of all work and receipt of the as-built
grading plan, the Township Engineer shall conduct the final inspection
and notify the Construction Official, in writing, whether the final
construction is in compliance with the approved grading plan and that
a certificate of occupancy may be issued. The Construction Official
shall issue the final certificate of occupancy only if all conditions
for the approved grading plan have been satisfied. A temporary certificate
of occupancy may be issued for winter conditions or other circumstance
as determined by the Township Engineer or Construction Code Official.
(5)
All grading work that is associated with a building permit shall
be completed within 180 calendar days from the issuance of the building
permit. The grading permit and building permit shall be issued simultaneously.
The 180 days shall be counted from the issuance of the building permit.
G.
Permit and review fees. The person to whom this chapter applies must
pay the following fees to the Township for application, review and
inspection of the site.
(1)
Application fee: $35.
(2)
A flat fee in the amount of $200 shall be paid at the time of
submission of a grading plan (per lot) and a sum of $100 in the event,
upon submission, of any revised grading plan. These fees are flat
fees and constitute, by this chapter, the actual fee charged to Carneys
Point Township by its Engineer.
(3)
Inspection fees. A flat fee of $200 per lot for subdivisions
shall be submitted by the applicant to be utilized for the payment
of the Township Engineer's inspection of the site in accordance with
this chapter.
(4)
Reinspection. A flat fee of $100 shall be paid to Carneys Point
Township for any reinspection of a grading plan in the event the initial
inspection shall reveal errors/omissions and construction not in accordance
with the filed plan. Each reinspection shall be charged at the flat
rate of $100 and shall be paid at the time of the request for any
reinspection.
(5)
Subsurface stormwater disposal system, inspection fee. A flat
fee of $475 per individual grading plan shall be submitted by the
applicant to be utilized for the payment of the Township Engineer's
inspection of any underground stormwater chambers management system.
The inspection shall cover construction of the underground stormwater
system for the purpose of the protection of water resources and areas
where there is no stormwater collection system to transport the runoff
to other areas. The inspection will verify that the underground stormwater
system is constructed per the approved plan. The applicant must contact
the Township Engineer's office for inspection of the installation
of the underground stormwater systems during construction of same;
48-hours' notice is required.
(6)
Subsurface stormwater disposal system, reinspection. A flat
fee shall be paid to the Township Engineer for any reinspection of
the construction of the underground stormwater system in the event
the initial inspection shall reveal errors/omissions and construction
not in accordance with the filed plan and Township regulations. Each
reinspection shall be charged at the flat rate of $300 and shall be
paid at the time of the request for any reinspection.
(7)
No final certificate of occupancy shall be issued until the
grading plan has been submitted and finally approved as built. A temporary
certificate of occupancy may be issued for winter conditions or other
circumstance as determined by the Township Engineer or Construction
Code Official.
(8)
All fees paid under this chapter shall be paid to the Treasurer
of Carneys Point Township.
Recognizing that certain uses, activities and
structures are necessary to serve the needs and convenience of the
Township and at the same time recognizing that such uses may be or
may become harmful to the public health, safety and general welfare
if located and operated without proper consideration being given to
existing conditions and the nature of surrounding buildings and uses,
such uses are hereby designated conditional uses. In addition to other
powers conferred by the chapter, the Planning Board shall have the
power to authorize the granting of a permit for conditional uses under
the terms and conditions established by this chapter and in accordance
with the following stipulations and guiding principles:
A.
The use for which application is being made is specifically
authorized as a conditional use in the Schedule of District Use Regulations[1] for the zone in which it will be located.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B.
The design, arrangement and location of the particular
use is such that the public health, safety and welfare will be protected
and reasonable consideration afforded the character of the neighborhood
and zone, the conservation of property values, the avoidance of congestion
of vehicular traffic or the creation of any unnecessary hazard.
D.
In approving an application under this chapter, the
Board may impose any modification or conditions it deems necessary
to carry out the intent of this chapter or to protect the health,
safety or general welfare of the public.
It shall be unlawful to use or occupy or permit
the use or occupancy of any building or premises, or both, or part
enlarged in its use or structure, until a certificate of occupancy
shall have been countersigned by the Zoning Officer, stating that
the proposed use of the building or lands conform to the requirements
of this chapter. Following the completion of construction, reconstruction
or alteration of any buildings or any change in the use of a structure
or land parcel, the applicant shall transmit by registered mail to
the Zoning Officer a letter stating that such construction has been
completed or that a new or changed use is being proposed. Within seven
days of receipt of this letter, the Zoning Officer shall make all
necessary inspections of the completed structure and/or proposed use
to determine conformance with the terms of this chapter. A certificate
of occupancy shall be countersigned only if the Zoning Officer finds
that the requirements of this chapter or applicable supplementary
actions of the Board of Adjustment, Planning Board or governing body
have been complied with.
[Amended 5-20-1985 by Ord. No. 393]
Any person violating any of the provisions hereof
shall, upon conviction, pay a fine of not more than $1,000 or be committed
to the County jail for not more than 90 days, or both, in the discretion
of the Judge before whom the case shall be heard. Each and every day
any violation continues shall be considered a separate offense, punishable
by a like fine and/or jail sentence.
