Carneys Point City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 212-61 Designation of enforcement officer.
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.
§ 212-62 Duties of Zoning Officer.
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.
§ 212-63 Zoning permit required.
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.
§ 212-64 Zoning permit applications.
[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.
§ 212-65 Site plan review requirements.
[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.
§ 212-65.1 Performance and maintenance guarantees.
[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.
§ 212-66 Site plan review procedures.
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.
§ 212-66.1 Grading plans.
[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.
§ 212-67 Conditional uses.
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.
§ 212-68 Certificates of occupancy.
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.
§ 212-69 Violations and penalties.
[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.