Fairfield Township City Zoning Code
ARTICLE VIII
Administration
§ 450-36 Enforcement.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred upon him by this article, and as reasonably may be implied. He shall be appointed by the Township Committee and shall receive such compensation as the Township Committee shall determine.
§ 450-37 Duties of Zoning Officer.
It shall be the duty of the Zoning Officer, or his duly authorized assistants, 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 during the daytime in the course of his duties.
A.
Where the Zoning Officer, in the course of his duties, determines that any plans, buildings or premises are in violation of the provisions of this chapter, he shall order the responsible party in writing to remedy such conditions. The written order shall specify the nature of the violation found to exist, the remedy order and the time permitted for such action, the penalties and remedies which may be invoked by the Township, and the violator's rights of appeal; all as provided for by this chapter and the Laws of the State of New Jersey. On the serving of notice by the Zoning Officer to the owner of any violation of any of the provisions of this chapter, the certificate of occupancy for such building or use shall be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.
B.
The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records shall form a part of the records of his office and shall be available for the use of the Township Committee and other officials of the Township, county and state. The records to be maintained shall include at least the following:
(1)
Application file. An individual permanent file for each application for a zoning permit, including uses included in clustered developments and PUDs, as provided for by this chapter, shall be established at the time the application is made. The file shall contain one copy of the application and all supporting documents, maps and plans; notations regarding pertinent dates and fees, communications with the applicant or his representative as appropriate; a copy of any resolution resulting from any action taken by a municipal agency required in connection with the application; and date the permit applied for was issued or denied by the Zoning Officer.
(2)
Monthly report. The Zoning Officer shall prepare a monthly report for the Township Committee. The report shall cite all actions taken by the Zoning Officer, including all referrals made by him, all permits and certificates issued and denied, and all complaints of violations received and all violations found by him, and the action taken by him consequent thereon. A copy of this monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor and Planning and Zoning Board at the same time it is transmitted to the Township Committee.
§ 450-38 Certificates and permits.
The certificates and permits required herein are established for the equitable enforcement and administration of the provisions of this chapter. A zoning permit, temporary use permit or conditional use permit shall be a prerequisite to the issuance of a building permit as prescribed by the Uniform Construction Code.
A.
Zoning permit. The Zoning Officer is hereby empowered to issue a zoning permit for any plans regarding the construction or alteration of any building, or the change in the use of any land or building or part thereof (including buildings and uses which are part of cluster developments or planned unit developments), after he has determined that such plans are not in violation of any of the provisions of this chapter.
B.
Temporary use permit. Upon written direction of the Planning and Zoning Board, the Zoning Officer is hereby empowered to issue a temporary use permit. A temporary use permit shall only be effective for a period not to exceed six months, except that such permit may be extended by the Zoning Officer if authorized by the Planning and Zoning Board not more than once for an additional period not to exceed six months.
C.
Conditional use permit. A conditional use permit shall be issued by the Zoning Officer upon written direction of a municipal approval agency authorized by law and municipal ordinance to review and approve applications for such permits. In the case of the failure of a municipal agency to act within the time periods prescribed, the Zoning Officer shall issue a zoning permit on presentation by the applicant of a certificate of final approval issued by the administrative officer of the municipal agency involved as provided by law.
D.
Certificate of occupancy. The Zoning Officer is hereby empowered to issue a certificate of occupancy which shall certify that all provisions of this chapter have been complied with in respect to the location and use of the building, structure or premises in question.
§ 450-39 Application procedures.
A.
Procedures for a zoning permit.
(1)
All applications for zoning permits shall be made to the Zoning Officer in such detail as described in § 450-40. Where the proposed use does not require site plan review by the Planning and Zoning Board (as set forth on the Schedule of District Regulations - Fairfield Township[1] or in § 400-3B of Chapter 400, Subdivision of Land and Site Plan Review) the Zoning Officer shall carefully consider the application and supporting documents for compliance with this chapter and either issue or deny the zoning permit applied for. When the application is for a use for which site plan review is required, the Zoning Officer shall, prior to issuance of any zoning permit, transmit the required number of copies of such plans, drawings and statements to the administrative officer of the Planning and Zoning Board according to specifications and time constraints contained in Chapter 400, Subdivision of Land and Site Plan Review, and Chapter 27, Development Procedures. Applications for zoning permits requiring site plan review shall contain all of the information required for site plan submission contained in Chapter 400, Subdivision of Land and Site Plan Review. No zoning permit shall be issued without evidence of approval by a municipal agency having authority to act on site plans in accordance with applicable regulations contained in Chapter 27, Development Procedures, and Chapter 400, Subdivision of Land and Site Plan Review.
[1]
Editor's Note: See the Schedule of District Regulations included as an attachment to this chapter.
(2)
Pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., an applicant may make application directly to the Planning and Zoning Board. In the event application is made in this manner, the administrative officer of the Planning and Zoning Board shall provide the Zoning Officer with a copy of the application and all supporting documentation together with an indication of the date on which said application was determined to be complete. The Zoning Officer shall then establish an application file as specified in § 450-37B(1).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Procedures for temporary use permits. All applications for temporary use permits shall be made to the Zoning Officer. The Zoning Officer, after determining that an application is complete, shall transmit one copy of the application and all supporting documentation to the administrative officer of the Planning and Zoning Board for its action thereon. Applications for temporary use permits shall be acted upon by the Planning and Zoning Board in accordance with the same time constraints specified for conditional uses in § 450-39D of this chapter, and Chapter 400, Subdivision of Land and Site Plan Review. Upon approval of an application for temporary use, or upon certification of failure to act from the administrative office of the Planning and Zoning Board, the Zoning Officer shall issue a temporary use permit as provided in § 450-38B.
C.
Procedures for a certificate of occupancy. A certificate of occupancy shall be issued on a form provided by the Zoning Officer. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereinafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure or to continue the use of a building, structure or premises as a legal, nonconforming use until a certificate of occupancy shall have been issued therefor by the Zoning Officer, stating that the proposed use of the building or land conforms to the requirements of this chapter.
(1)
Following the completion of construction, reconstruction or alteration of any building or structure, or prior to any change in the use of any building, structure or land, 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. All applications for certificates of occupancy shall be accompanied by the required fee. Within 10 days of the receipt of such a 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 and either issue a certificate of occupancy or a letter of denial stating the reasons therefor. On the serving of notice by the Zoning Officer to the owner of any property on which a violation of any of the provisions or requirements of this chapter exists, the certificate of occupancy for such use shall be deemed to be null and void and the person responsible for the violation shall be subject to the penalties hereinafter prescribed. A new certificate of occupancy shall be required for any further use of such land or building.
(2)
The Zoning Officer shall, upon proper application accompanied by necessary proof or documentation, issue certificates of occupancy for uses existing as of the effective date of this chapter in order to officially validate:
(3)
A certificate of occupancy shall be issued only if the Zoning Officer finds that the requirements of this chapter and applicable supplementary actions or requirements by the Planning and Zoning Board or Township Committee have been complied with. Any certificate of occupancy shall be continued in force only so long as the use of the building or premises for which it was issued continues to conform to the requirements of this chapter. A record of all certificates shall be kept on file in the office of the Zoning Officer and copies of all certificates issued shall be forwarded to the Township Tax Assessor.
D.
Procedures for conditional use permit. 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 of existing conditions and the character of surrounding environment and uses, such uses are hereby designated conditional uses and listed as such under the appropriate zone district classification on the Schedule of District Regulations - Fairfield Township.[2] In addition to other powers conferred by this chapter, the Planning and Zoning Board shall have the power to authorize the granting of a permit for a conditional use after site plan approval under the terms established in this chapter, Chapter 27, Development Procedures, Chapter 400, Subdivision of Land and Site Plan Review, and in accordance with the following general stipulations and guidelines:
(1)
The use for which application is being made is specifically authorized as a conditional use for the district in which it is proposed. The design, nature and arrangement of the particular use is such that the public health, safety and welfare will be protected. Reasonable consideration is afforded the conservation of property values; the avoidance of congestion; the avoidance of unnecessary hazards; and the preservation and enhancement of the character of the neighborhood and district in which the use will be located.
(2)
All applications for conditional uses shall be made either to the Zoning Officer or to the administrative officer of the Planning and Zoning Board (in which case formal notification to the zoning administration officer of application filing shall be forwarded to the Zoning Officer), except where the Planning and Zoning Board hears such an application as part of a variance application pursuant to § 27-3F of Chapter 27, Development Procedures. The completeness of an application for conditional use permit shall be determined by the approving authority concurrently with his determination of the accompanying site plan application. The approving authority shall grant or deny an application for a conditional use within 95 days of submission of a complete application, or within such further time as may be consented to by the applicant.
(3)
A properly noticed public hearing on each application for a conditional use permit shall be held, concurrently with any required public hearing on an accompanying site plan, pursuant to the rules and requirements as contained in Chapter 27, Development Procedures.
(4)
Failure of the approving authority to act within the period prescribed shall constitute approval of the application and a certificate issued by the administrative officer, on request of the applicant, attesting to the failure of the approving authority to act shall be satisfactory authorization for the issuance of a zoning permit.
(5)
In approving an application for a conditional use permit, the approving authority may impose any modifications 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. Any permit for a conditional use shall be issued only in accordance with applicable requirements contained in this chapter, Chapter 27, Development Procedures, and Chapter 400, Subdivision of Land and Site Plan Review, or that may be imposed by the approving authority in its action.
[2]
Editor's Note: See the Scheduled of District Regulations included as an attachment to this chapter.
E.
Duration of certain permits. If, after a zoning permit or conditional use permit has been authorized by the Planning and Zoning Board, the applicant has not obtained the permit within a period of six months from the date of such authorization, such authorization shall be null and void and no permit shall be issued thereunder, unless the applicant shall have, prior to the expiration of the aforesaid six-month period, made written application for an extension. Such extension shall be granted by the Planning and Zoning Board, for a period of not to exceed six months, upon good cause having been shown by the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 450-40 Application details.
Each application for a zoning permit or a temporary use permit shall be made in triplicate with accompanying site plan. The materials to be submitted with each application shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use or building.
A.
Minimum application details. As a minimum, the application for any zoning permit or temporary use permit shall include the following information and plans for both "before" and "after" conditions:
(1)
The location, use, design, dimensions and height of each use and structure.
(2)
Building or structure setback distances from all property lines.
(3)
The relation of proposed uses or structures to existing uses and structures on adjoining lots.
(4)
The location and arrangement of vehicular accessways and the location, size and capacity of all areas used for off-street parking, loading and unloading.
(5)
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
(6)
The location, size, material and landscape species of any structures or plants proposed for areas within 50 feet of the intersection of any vehicular driveway with a public road or street.
(7)
The size, type and location of any proposed sign.
(8)
Provisions for water supply, sewage disposal and storm drainage.
(9)
Such other data and plans as the Zoning Officer may require to properly take action on the application.
B.
Applications requiring site plan review. Any application for a conditional use or other use or structure requiring site plan review as specified on the Schedule of District Regulations[1] shall comply with all of the submission requirements set forth in Article II of Chapter 400, Subdivision of Land and Site Plan Review.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 450-41 Schedule of fees.
[Amended by Ord. No. 460-99; 4-15-2002 by Ord. No. 489-2002; 9-7-2016 by Ord. No. 12-2016]
The fee for a construction permit shall be the sum of the subcode fees listed in Subsections A through G as set forth hereinbelow. The fee for a construction permit shall be the sum of the basic construction fee plus all applicable special fees, and shall be paid before the permit is issued. Each fee shall be rounded up to the nearest dollar.
A.
Plan review fee. The fee for a plan review shall be 20% of the construction permit fee.
B.
Training and certification fees. The Department of Community Affairs training and certification fees shall be established by the State of New Jersey under the authority of the New Jersey Administrative Code to be computed on a per cubic foot volume for new buildings and additions and for all other construction shall be computed on a dollar amount per $1,000 of value of construction.
C.
Building subcode fees. The building subcode fee shall be:
(1)
New construction.
(a)
The fee for new construction shall be $0.034 per cubic foot of volume for buildings and structures, except see Subsection C(1)(b).
(b)
The fee for new construction with unfinished interiors totaling 50,000 cubic feet of volume shall be $0.018 per cubic foot of volume for the first 50,000 cubic feet and $0.015 for the remaining cubic feet with a minimum fee of $82.
(2)
Exceptions.
(a)
For renovation, alterations and repairs, $35 for the first $1,000 of estimated cost and $25 per $1,000 or fraction thereafter.
(b)
Manufactured homes. In accordance with N.J.A.C. 5:23-4.18(c), there are no fees for the factory built portion of the home. The fee shall be $100 per $1,000 of the estimated cost of site construction associated with the installation of the manufactured home.
(c)
Farm use buildings exclusively used for agriculture purposes limited to the sheltering of livestock or storage of food. The fee shall be $0.010 per cubic foot of volume of the building or structure pursuant to the Farmland Assessment Act of 1964 with a maximum fee of $1,443 per structure.
(3)
Combination of renovations and additions. The amount shall be the sum of the fees computed separately as renovations and additions.
(5)
Special permits.
(b)
The permit fee for a permit to construct and install a sign shall be $5 per square foot, provided that the minimum fee shall be $70. In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation.
(c)
Certificate of occupancy, residential: $55; residential additions: $55; residential storage buildings over 300 square feet: $55; all other use groups: $75; granted pursuant to a change of use: $150.
(d)
Certificate of continued occupancy, residential: $35; all other use groups: $75.
(e)
Relocate building or structure to new location, flat fee of $300. This section is applicable to structures exceeding 300 square feet, plus applicable special fees.
(f)
Reinstatement of permit, $50 applicable after one year of issuance date plus volume increase if applicable at time of reinstatement.
(g)
Lead abatement fees: for permit $100 and for clearance certificate $175.
(h)
Asbestos abatement: $175 for permit and $50 for clearance certificate.
(i)
Application for a variation for all use groups: $750.
(j)
Roofing permits and siding permits: $35 for the first $1,000 and $25 for each additional $1,000.
(k)
The fee for a temporary certificate of occupancy is $35 with a fee of $30 for each extension.
(6)
The minimum construction subcode fee shall be $70.
D.
Plumbing subcode fees shall be:
(1)
Fixtures and appliances connected to the plumbing system (as listed) and gas piping systems, including, but not limited to:
Fixture or Appliance | Fee (each) |
|---|---|
Water closet/bidet/urinals | $15 |
Bathtub | $15 |
Lavatory/sink | $15 |
Shower/floor drain | $15 |
Washing machine | $15 |
Dishwasher | $15 |
Commercial dishwasher | $15 |
Hose bibs | $15 |
Water cooler | $15 |
Garbage disposal | $15 |
Indirect connection | $15 |
Vent stack | $15 |
A/C condensate drains | $15 |
(2)
Special devices (as listed).
Type of Device | Fee (each) |
|---|---|
Grease traps | $90 |
Oil separators | $90 |
Water-cooled air conditioners | $90 |
Refrigerator units | $90 |
Water heater | $90 |
Water utility connection | $90 |
Sewer utility connection | $90 |
Back flow preventors subject to testing | $90 |
(All others $15 when not part of fire suppression system) | |
Steam boilers | $90 |
Hot water boilers | $90 |
Gas piping/gas service entrance | $90 |
Active solar systems | $90 |
Sewer pumps | $90 |
Interceptors | $90 |
Fuel oil piping | $90 |
Gasoline product piping | $90 |
Sump pumps | $90 |
Booster pumps | $90 |
L.P. cylinders | $90 |
(3)
The minimum plumbing subcode fee shall be $70.
E.
Electrical subcode fees shall be:
(2)
For each motor, generator or transformer based on KW or HP, including residential appliances the fees shall be:
Number of KW/HP | Fee | |
|---|---|---|
1 – 10 | $20 each | |
11 – 50 | $60 each | |
51 – 100 | $120 each | |
101 – 999 | $300 each | |
> 1,000 | $600 each | |
(3)
Services, disconnect fees shall be:
Number of Amps | Fee |
|---|---|
30 – 200 | $60 |
201 – 600 | $120 |
601 – 1,000 | $200 |
> 1,000 | $300 |
(4)
Temporary pole: $50
(5)
Re-intro services: $50.
(7)
The minimum electrical subcode fee shall be $70.
(8)
Commercial solar PV installations.
Number of KW | Fee |
|---|---|
1 – 50 | $150 |
51 – 100 | $200 |
100 – 1,000 | $600 |
> 1,000 | $1,000 |
Plus associated panels, disconnects, and solar panels |
(9)
Residential solar PV installations: flat fee of $350.
F.
The elevator fees shall be per state fees.
G.
Fire subcode fees shall be:
(1)
Sprinkler system fees:
Number of Heads or Type of System | Fee |
|---|---|
First 20 heads | $80 |
21 – 100 heads | $140 |
101 – 200 heads | $280 |
201 – 400 heads | $600 |
401 – 1,000 heads | $1,000 |
>1,000 heads | $1,200 |
Standpipe system | $100 |
Fire pump | $100 |
(3)
Smoke control systems: $100.
(4)
Exit signs per floor: $30.
(5)
Emergency lighting per floor: $30.
(8)
Installation of storage tanks, more than 600 gallons: $200.
(9)
The minimum fire subcode fee shall be $70.
(10)
For any items not listed above a special fee shall be determined by the Construction Code Official and the appropriate subcode official.
§ 450-42 Amendments; violations and penalties; when effective.
[Amended 4-15-2002 by Ord. No. 489-2002]
A.
Amendments. The regulations, restrictions and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed in accordance with procedures established by applicable New Jersey statutes.
B.
Penalties. Any person violating any of the provisions of this chapter shall, upon conviction, be subject to a penalty as provided in § 1-5 of this Code. Each and every day any violation continues shall be considered a separate offense, punishable by a like fine or penalty.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
When effective. This chapter shall take effect immediately upon final passage and publication in the manner prescribed by applicable New Jersey statutes.
§ 450-43 Grading plan checklist requirement and approvals.
[Added 8-8-2006 by Ord. No. 08-2006; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
A certificate of occupancy (CO) shall not be issued until either:
(1)
A New Jersey licensed professional land surveyor or the Township Engineer has confirmed, in writing, that:
(a)
The finished grading at the lot for which the CO is being requested substantially conforms to the developer's approved major subdivision plan, site plan, or individual or multiple lot grading plan(s); and
(b)
The foundation top of block elevations of the structure for which the CO is being requested are neither more than two feet higher nor more than 0.2 of a foot lower than the proposed foundation top of block shown on the developer's approved major subdivision plan, site plan, or individual or multiple lot grading plan(s); or
(2)
An as-built revised grading plan prepared by a New Jersey licensed land surveyor is approved by the Township Engineer as substantially conforming to the grading proposed in the developer's approved major subdivision plan, site plan, or individual or multiple lot grading plan(s).
B.
Applicability. The requirements set forth herein shall apply to development proposed on any lot in Fairfield Township involving land disturbance in excess of 1,000 square feet and for which a building permit is required; however, it shall not apply to construction of farm and accessory buildings having front yards of 85 feet or more and having side and rear yards of 100 feet or more (hereafter "applicable development").
C.
Grading compliance as part of zoning permit.
(1)
A grading compliance review shall be included as part of the requirements for obtaining a zoning permit. No zoning permit shall be issued for applicable development until:
(a)
The Township Engineer has reviewed and approved a completed grading plan checklist and individual or multiple lot grading plan containing all the information required in the grading plan checklist for the proposed applicable development and meeting all requirements of this chapter;
(b)
The Zoning Officer or Zoning Clerk has approved, as part of the zoning permit application review, a written certification prepared by a New Jersey licensed professional engineer or land surveyor, that the proposed applicable development will substantially conform to an earlier approved individual or multiple lot grading plan and checklist, and that all conditions at the property, and relevant conditions at adjacent properties, are the same as they were when the earlier individual or multiple lot grading plan and checklist were approved; or
(c)
The Zoning Officer or Zoning Clerk has approved, as part of the zoning permit application review, a written certification prepared by a New Jersey licensed professional engineer or land surveyor that the proposed applicable development will conform to all grading specifications approved as part of a site plan, subdivision, or other Planning and Zoning Board or Township Committee approval, and that all conditions at the property and relevant conditions at adjacent properties are the same as they were when such earlier approval was granted.
(2)
The Township Engineer shall not review or inspect for compliance applicable to the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
D.
Grading plan checklist. Except as otherwise provided in this chapter, the following grading plan checklist must be completed and filed with the information it requires a part of any application for site plan or major subdivision or any application to the Planning and Zoning Board or Township Committee that involves an applicable development as defined in Subsection B above, or any request for a building permit for applicable development. The required plan information may be included in individual or multiple lot grading plan, or it may be incorporated into a development applicant's major subdivision or site plan, provided that all of the required grading plan information is included on the same plan sheet.
Grading Plan Checklist | |||
[ ] | 1. | Title block indicating the address of the site, lot and block numbers, name and address of the applicant. Individual lot grading plans must be entitled "Individual Lot Grading Plan." Multiple lot grading plans must be entitled "Multiple Lot Grading Plan." If grading information is incorporated into one of the sheets of a major subdivision or site plan, such sheet title must include the words "Grading Plan." For purposes of this checklist, "grading plan" shall refer to whichever of the aforesaid types of plans is submitted by an applicant for grading approval. | |
[ ] | 2. | The grading plan must be signed and sealed (embossed) by a New Jersey licensed professional engineer or land surveyor. The plan must include the address of the person who prepared the plan. | |
[ ] | 3. | The grading plan must be drawn legibly at a scale of one inch equals 30 feet for developments of less than one acre or a scale of one inch equals 50 feet for developments of one acre or more, indicate a North arrow, and refer to the vertical datum on which the plan is based. | |
[ ] | 4. | The grading plan must indicate all property lines, easements and required setback lines for the lot to be developed. Copies of all existing or proposed drainage easements must be filed with this checklist unless already available to the Township as part of a pending development application file. All property lines must indicate bearing and dimensions, and the width of all easements must be shown on the plan. | |
[ ] | 5. | The grading plan must indicate the distances between all existing and proposed structures on the lot to be developed and adjoining property lines. | |
[ ] | 6. | The grading plan must indicate the right-of-way and cartway widths of all adjoining streets as well as the location of all existing and proposed curbs, sidewalks and driveway aprons along the entire frontage of the lot to be developed. | |
[ ] | 7. | The grading plan must indicate existing and proposed contours at one-foot intervals over the lot to be developed and, to the extent reasonably and legally ascertainable, existing and proposed contours at one-foot intervals for 50 feet beyond the limit of any grading. Spot elevations and inverts must be provided at all inlets, catch basins, outfalls, culverts and other hydraulic structures within the aforesaid areas. | |
[ ] | 8. | The grading plan must indicate existing and proposed spot elevations at all property corners of the lot to be developed. | |
[ ] | 9. | The grading plan must indicate existing topography 50 feet beyond all property lines of the lot to be developed and, to the extent reasonably and legally ascertainable, spot elevations for all adjacent building corners. | |
[ ] | 10. | The grading plan must indicate the location and dimensions of all existing and proposed structures and site improvements on the lot to be developed, including, but not limited to, buildings, sheds, decks, swimming pools, fences, fence location, fence type, drainage facilities. | |
[ ] | 11. | The grading plan must indicate all stream encroachments, wetlands and wetland buffer lines and floodplains on the lot to be developed. Additionally, delineation of wetlands shall be required where hydric soils are identified as being present on the property by the National Wetlands Inventory Maps or where currently delineated NJDEP wetlands extend from adjacent properties to the subject property. The required wetlands delineation shall be satisfied by submission with the plan of one or more of the following, together with wetland buffers shown on the plan as may be required from various NJDEP documents, as may be appropriate: | |
(a) | A current NJDEP letter of interpretation; | ||
(b) | A current permit from NJDEP for a determination of the presence or absence of wetlands on the subject property; or | ||
(c) | A current NJDEP permit to disturb wetlands in accordance with state law. | ||
[ ] | 12. | The grading plan must indicate all trees over five-inch caliper within the construction area of the lot to be developed, including type, condition, and limit of clearing (excluding orchards and trees relating thereto). | |
[ ] | 13. | The grading plan must indicate the foundation top of block elevations for all proposed structures, and the floor elevation at the face of any garage, on the lot to be developed. Spot elevations for all building corners must be indicated. | |
[ ] | 14. | If a basement is proposed, soil borings must be obtained and analyzed to determine the soil types and the depth of seasonal high-water table at the lot to be developed in order to reduce the risk of flood damage by confirming that the floor of the proposed basement will be higher than the seasonal high-water table. The results of analysis must be included in or filed with this completed checklist. Soil boring tests taken to satisfy requirements for septic permits shall be satisfactory to meet this requirement. | |
E.
Grading standards. The grading plan must conform to the following standards:
(1)
Purpose. The grading plan requirements are for the purpose of confirming that proposed applicable developments will not result in flooding, pooling or other drainage-related problems at the lot on which the development is proposed or on adjacent properties. Each grading plan must therefore confirm, to the Township Engineer's satisfaction, that the proposed applicable development on each lot will cause water to drain properly from the lot on which such development is proposed, and that such development will not increase the amount of water which drains onto adjoining lots (except as otherwise permitted as part of a final site plan, subdivision, or other Planning and Zoning Board or Township Committee approval) or adversely change the manner in which it drains. All lots where applicable development is proposed must be graded to direct surface water runoff away from structures and toward the frontage road or other defined drainage paths that meet the Township Engineer's approval. Where a drainage problem already exists, the drainage plan must confirm, to the Township Engineer's satisfaction, that the proposed development will reduce the impact on adjoining tracts to the greatest extent reasonably possible by causing the surface water to drain into nearby streets, approved drainage facilities or other Township-approved devices.
(2)
Lawn areas. The grading plan must confirm that lawn areas will be sloped away from the building and structures at a minimum of 1.5% for the first eight feet from foundation walls, and to confirm a minimum slope of 1.5% in all other lawn areas. The intent of these lawn area slope requirements is to confirm that water will flow away from foundation walls at an acceptable rate, and also to increase the probability that any standing water in lawn areas will dissipate within 24 hours following a storm event.
(3)
Swales. The grading plan must confirm a minimum slope of 1.5% for all swales to provide a good flow of water within them. The Township Engineer is authorized to approve flatter slopes in instances where the Township Engineer is satisfied that special care will be taken during construction to achieve good water flow or that other special circumstances apply. Unless otherwise approved by the Township Engineer, swales must be indicated along side lot lines so that water will flow from the rear portions of adjoining lots to the curb. If permitted by easement, the grading plan may also depict water as being directed from or over neighboring lots to the curb or other approved discharge point. The intent of this swale area slope requirement is to increase the probability that all standing water will be dissipated from swale areas within 48 hours following a storm event.
(4)
Slopes. The grading plan must confirm that all slopes are no greater than three to one (3:1).
(5)
Driveways. The grading plan must confirm that driveway grades do not exceed 12%.
(6)
Off-lot grading and drainage. The grading plan must confirm that no grading will occur within five feet of a property line unless necessary to direct drainage off or onto the site and then into acceptable drainage facilities in accordance with these standards. If a grading plan indicates an intention to grade or direct drainage over an adjoining property to provide proper drainage, an existing or proposed easement for this purpose must be filed with the grading plan for review and approval by the Township Engineer and Township Solicitor (or the solicitor for Planning and Zoning Board). If the grading plan is approved based on a proposed easement, the zoning permit will not be issued unless and until the developer has:
(a)
Properly conveyed and recorded the approved proposed easement in the Cumberland County Clerk's office;
(b)
Provided a copy of the recorded easement to the Township Engineer, the Planning and Zoning Board, and the Township Solicitor (or the solicitor for the Planning and Zoning Board); and
(c)
Confirmed, to the Township or Planning and Zoning Board solicitor's satisfaction, that the approved easement has been properly conveyed and recorded, and that it is not subject or subordinate to any other interest that could extinguish it or otherwise diminish its effectiveness.
(7)
Location of slope excavation. The top of any excavation of slope shall be no closer than five feet to an adjoining property, and shall not provide for water runoff to the adjoining property unless an agreement shall have been provided and recorded as required by Subsection E(6) above.
(8)
Retaining walls. If a retaining wall is proposed, construction details must be provided. In cases where a retaining wall is higher than 48 inches, calculations must be prepared by a licensed professional engineer who certifies as to the stability of the structure.
F.
Deadline for completion of grading. The zoning permit confirming compliance with the above grading ordinance requirements and related building permit shall be issued simultaneously. All grading work shall be completed, and the materials required for approval submitted as specified in Subsection G below, prior to the expiration of the original or extended related building permit, or by such other reasonable further extended deadline approved as part of a site plan, subdivision, or other Planning and Zoning Board or Township Committee approval.
G.
Approval of completed grading. Each person to whom this section applies must obtain approval of completed lot grading by submitting with the final survey as a condition of the application for certificate of occupancy a certification prepared by a New Jersey licensed professional land surveyor stating that the lot grading is in substantial conformance with the approved plan meeting the standards set forth in this section, indicating on the final survey those same grade elevation locations as are required on the approved plan; or by submitting an as-built revised grading plan, certified by a New Jersey licensed surveyor, to be reviewed by the Township Engineer to confirm substantial compliance with the approved grading plan. The Township Engineer will review and decide upon as-built plans within five business days following receipt of a written request for same. Faxed requests will be allowed as beginning the five-day review process, provided that the faxed as-built plans are signed by a New Jersey licensed professional surveyor, and also provided that embossed copies of the faxed as-built plans are thereafter delivered to the Township Engineer within the five-day period. The Township Engineer will conduct site inspections and render opinions thereon within five business days following receipt of a written request for same.
H.
Permit and review fees. The following fees shall apply to applications for approval of grading in connection with zoning permit applications. With respect to subdivisions, "lot" means each lot that results or will result from the subdivision.
(1)
Permit, review and inspection fees for individual or multiple lot grading plans. Any person who seeks approvals as provided in this section must pay the following fees for each grading approval requested in connection with a zoning permit application and/or site inspection and, if seeking approval of an individual or multiple lot grading plan, the following per-lot fees for review of such initial, revised or as-built individual or multiple lot grading plan [unless such person is an applicant for development as specified in Subsection H(2), below, in which instance a per-lot zoning permit grading application fee for each individual or multiple lot grading plan must be paid at the time of each zoning permit application that involves grading review, but the fees and costs of the Township Engineer's review and inspection can, at such applicant's option, be paid for on a time-and-materials basis as set forth in Subsection H(2), below, instead of a flat-fee basis as provided in this Subsection H(1)(b) through (e)]:
(a)
Grading approval application fee (per lot, in addition to zoning permit fee): $35.
(b)
Engineer's review fee upon initial individual or multiple lot grading plan submission (per lot): $100.
(c)
Engineer's review fee upon submission of each revised or as-built individual or multiple lot plan (per lot): $100.
(d)
Initial site inspection fee (upon request for initial site inspection): $200 per lot.
(e)
Site reinspection fee (upon each request for site reinspection): $100 per lot.
(2)
Option to pay review and inspection costs based on time and materials; payment from application escrows. Applicants for development who have posted review/inspection escrows with the Township in connection with any application for site plan, subdivision, or other Planning and Zoning Board or Township Committee approval may elect in writing to have the Township Engineer paid for any grading-related review and/or inspection pursuant to this section based on time expended and materials used rather than at the flat fee rates set forth in Subsection H(1)(b) through (e), above. Additionally, any such applicant may elect, in writing, that any Township Engineer grading-related review/inspection fees (whether based on flat fee or time and materials) be paid from such applicant's review/inspection escrow(s), in which instance such applicant's grading plan(s) and/or lot(s), as elected, will be reviewed/inspected by the Township Engineer as part of such site plan, subdivision, or other Planning and Zoning Board or Township Committee application, whereupon all of the Township Engineer's fees and costs for grading-related review/inspection will be reimbursed from such applicant's review/inspection escrow(s) along with all other review and inspection costs and fees relating to such application.