East Hanover Township
City Zoning Code
City Zoning Code
ARTICLE VIIIA
Lot Grading Permit
§ 95-83.1 Permit application and criteria; lot grading plan and review; fee; violations and penalties.
A.
Any construction which requires excavating more than two cubic yards of soil (as determined by the Township), any soil disturbance or any alterations to existing grade, whether or not a zoning or construction permit is required, shall require a lot grading permit.
B.
Each application for a lot grading permit shall be written on the application form provided by the Township Office of Land Use and Development and shall be submitted to that office accompanied by three signed and sealed copies of a detailed site grading plan which shall be prepared by a licensed professional engineer, architect or landscape architect at a scale of not less than one inch equals 30 feet.
C.
The detailed lot grading plan shall include at a minimum the following:
(1)
Delineation of the property boundaries including all lot line dimensions; front, side and rear yard setback dimensions, easements, encroachments and restrictions; locations of all existing or proposed structures (primary and accessory), if any, dimensions thereof and first-floor elevation; location of all buildings on adjoining lots; specific delineation of the area within the lot boundaries where the work is to be performed, description of existing and proposed features of the property and specifically the area surrounding the site of work.
(2)
Location of retaining walls with top and bottom elevations and details designed by a licensed professional engineer. Walls over four feet in height shall require an inspection and as-built certification by a licensed professional engineer.
(3)
The applicable tax map sheet, block and lot number, date, graphic scale, North arrow, zone designation, zoning requirements and the names and addresses of the owner or owners of the tract, the applicant (if other than the owner) and of the professional who prepared the plan.
(4)
The one-hundred-year floodplain limits within the subject property shall be shown per FEMA Flood Insurance Rate Map and NJDEP Flood Hazard Area Delineation, or applicant shall submit a certification from a licensed professional engineer or land surveyor indicating that the property is not in the floodplain.
(5)
Applicant shall show by metes and bounds all delineated wetlands and transition areas approved through a NJDEP letter of interpretation. NJDEP file number shall be noted on the plan. If no wetlands exist, plan must contain a note confirming this fact.
(6)
Existing and proposed contours at intervals of one foot where the topography is less than 5% overall or two feet when the topography is greater than 5%.
(7)
The layout of existing public streets and public utilities, proposed driveway alignment and profile grade that indicates intermittent elevations at roadway center line, gutter, right-of-way line and garage floor, etc.
(8)
The location of any existing potable water or sanitary sewage disposal facilities on or within 100 feet of the site.
(9)
The location of proposed vehicular facilities, including roads, drives or parking areas.
(10)
The location and pipe size of leader and footing drains, with inverts at house and street connections. All drains shall connect with the municipal stormwater drainage system whenever feasible. Location of existing storm sewer invert and flow direction at tie-in point shall be shown. If drains cannot connect to the public system, show dry well location, elevations and detail (size and cross-section). Splash pad/surface discharge will be permitted only in specific cases approved by the Township Engineer.
(11)
The location of all existing landscaping, including trees, shrubs and ground covers, with type and size of frees and shrubs. The location of trees with a caliper of eight inches or more must be specifically indicated. Existing and proposed tree line within the area of disturbance shall be shown.
(12)
The disposition and extent of topsoil to be removed or backfilled.
(13)
Soil excavation (cut/fill) balance calculation. Proposed soil movement quantities related to the site plan design must be provided on the plan. Soil import or export in excess of 100 cubic yards must conform to the provisions of Article VIII of Chapter 95 of the Code of the Township of East Hanover (§§ 95-69 through 95-83, inclusive).
(14)
A soil erosion and sediment control plan including proposed silt fence, soil stockpile, etc.
(15)
A time schedule indicating the anticipated start and completion dates of the development sequence, the expected date of completion of each protection measure provided for in the soil erosion and sediment control plan and the stormwater management plan and the time of exposure of each area prior to the completion of such measures.
(16)
Proposed and as-built plans must include a note that driveway sight triangle requirements have been met.
(17)
The following notifications and certifications shall be inscribed on the plan:
(a)
That there will be no deviation from the proposed grading plan without approval, in writing, from the Township Engineer.
(b)
That, at the discretion of the Township Engineer, applicant may be required to field stake a property limit in the interest of limiting the disturbance to the subject property.
(c)
That the applicant's engineer certifies that the grading plan can tie into existing topographic contours on adjoining lots without an adverse grading or drainage impact and that all disturbance and grading can be limited to within the property in question.
(d)
That the applicant shall, upon notification from the Township Engineer, field stake wetlands and/or buffer area limits prior to any land disturbance or clearing.
(18)
The Township Engineer shall have the right to modify, waive or add requirements which may be site-specific.
D.
The following criteria shall be applicable in the review of an application for a lot grading permit:
(1)
No soil shall be excavated, removed, deposited or disturbed except as a result of and in accordance with the lot grading plan approved under the terms of this chapter.
(2)
Provision shall be made for the proper disposition of surface water runoff so that it shall not create unstable conditions. Appropriate storm drainage facilities shall be provided to protect downstream properties.
(3)
Provision shall be made for any structure or protective measures that the proposed plan may require for the protection of the public safety, including without limitation retaining walls, guide rails, headwalls and fences.
(4)
Any proposed building, structure, grading or attendant protective measures will not impede the flow of surfacewater through any watercourse. Only a nominal increase in runoff rates and velocities will be allowed due to construction.
(5)
Any proposed vehicular facilities, including roads, drives or parking areas, shall be designed so that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.
(6)
Any fill placed on the property shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Township Engineer.
(7)
There shall be no alteration of site elevations in excess of one foot within five feet of an adjoining property.
(8)
Changes in grade shall not exceed a slope of 2-to-1 unless supported by retaining walls or maintenance-free vegetation, as appropriate.
E.
An application fee of $250 and an escrow of $500 shall be required for each permit. The fee shall cover the cost of the administrative review of the initial submission and one revision. All engineering costs shall be charged to the escrow account, which shall be established at the time of making the application. Engineering fees shall be based upon the Township Engineer's regular hourly rate. All fees must be paid in full prior to the issuance of a certificate of occupancy or the release of any performance guarantee that may have been posted with respect to the property.
[Amended 8-6-2008 by Ord. No. 13-2008]
F.
The following action must be taken within 14 business days of the Township's receipt of the initial application for a grading permit and within seven business days upon receipt of revised plans:
[Added 7-1-2014 by Ord. No. 11-2014]
G.
Prior to the issuance of any certificate of occupancy, a New-Jersey-licensed professional engineer must certify that the final as-built grading of the lot is in compliance with the approved grading plan and foundation as-builts must be submitted to the Zoning Officer for approval.
[Amended 7-1-2014 by Ord. No. 11-2014]
H.
Violations of this article shall be punishable by a fine of not less than $100 nor more than $1,500 or by imprisonment for a term of not more than 90 days or both. Each violation and each day of each violation shall constitute a separate and distinct violation hereof.
[Amended 7-1-2014 by Ord. No. 11-2014]