Glassboro City Zoning Code
ARTICLE IX
Administrative Procedures
§ 107-127 Intent.
It is the purpose of these regulations to prescribe the procedures by which the administration of this chapter shall take place. Nothing contained within this section shall be interpreted as limiting the adoption of administrative regulations which do not supersede required stated procedures.
§ 107-128 Zoning Officer.
A.
Duties. For the administration and enforcement of this chapter, a Zoning Officer shall be appointed by the Mayor with the advice and consent of the Borough Council. The Zoning Officer shall be charged with enforcement of this chapter, to include necessary inspections of property, building uses and any plans required prior to the granting of a zoning permit. It shall be the duty of the Zoning Officer to issue all zoning permits upon the completion of the application procedure and to make inspections to determine conformance to the requirements of this chapter prior to the issuance of a certificate of zoning compliance. The Zoning Officer shall prepare a quarterly report for the Borough Council. The Zoning Officer shall issue all necessary stop orders and shall be available to assist the Planning Board, Board of Adjustment, and Borough Council when necessary.
B.
Compensation and residency. The compensation of the Zoning Officer shall be determined by the Borough Council. Preference will be given to Glassboro residents for this position per present Borough policy with other positions.
C.
Testimony. The Zoning Officer shall attend those hearings as requested by the Board of Adjustment and provide facts and data from the files as may be necessary.
D.
Recording. The Zoning Officer shall maintain appropriate files concerning the issuance or denial of zoning permits and certificates of zoning compliance, including a copy of all applications for zoning permits and certificates of zoning compliance under this chapter. The Zoning Officer shall forward copies of all applications, and the approval or denial of each application, to the Construction Official in a timely manner as set forth in § 107-12.
§ 107-129 Lot surveys and grading plans.
[Added 9-9-1997 by Ord. No. 97-8; amended 4-24-2007 by Ord. No. 07-20; 12-9-2008 by Ord. No. 08-96]
A.
Review and approval of grading plan required. A building permit shall not be issued until a grading plan has been reviewed and approved by the Borough Engineer in accordance with the provisions of this chapter.
B.
Applicability.
(1)
The requirements set forth herein shall apply for the development of all lots within the Borough of Glassboro, whether for residential or commercial purposes, and when there is an application for development before a development review board of the Borough. Expressly excluded from the requirements set forth herein is the construction of proposed additions and/or buildings, having at grade or floor level, a total of 600 square feet or less.
(2)
All new construction will require construction of concrete curb and sidewalk.
C.
Grading plan requirements. The developer of a tract of land in the Borough must provide grading plans for each lot proposed to be developed. The grading plans shall contain all the information required below 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.
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 the 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. 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 corners. | |
( ) | 9. | The plan must also indicate existing topography 50 feet beyond all property lines and spot elevations for all adjacent building corners. | |
( ) | 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. | |
Additional Requirements for Grading Plans for New Structures and Additions. | |||
( ) | 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) 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 in accordance with Article VI, Chapter 47, of the Borough's Unified Development Ordinance (UDO). | |
( ) | 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 deposited, 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 Borough; or which will violate the provisions of the soil erosion and sediment control soil removal and redistribution, and flood plain provisions of this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. 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 slope of 2% shall be maintained for all swales. Swales are normally placed at the edge of both 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 Borough 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 Gloucester County Clerk's office, from the adjoining property or developer, and a copy shall be filed with the Construction Office of the Borough of Glassboro, and the Planning or Zoning Board of the Borough of Glassboro 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 plan and/or all site plans greater than one acre. 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)
All lots where fill material is deposited shall have clean fill and/or topsoil deposited, 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 Borough; or which will violate the provisions of the soil erosion and sediment control, soil removal and redistribution, and floodplain provisions of this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
F.
Approval procedures.
(1)
The Borough'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 Borough 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 Borough Engineer shall inspect the final grade, with written notice to the applicable board and to the developer. The developer must contact the Borough Engineer for a final grade inspection 14 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 Borough 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 any 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 Borough 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 certificate of occupancy only if all conditions for the approved grading plan have been satisfied.
(5)
For those projects that did not obtain Planning and/or Zoning Board approval, all new construction shall require the construction of curb and sidewalk along the project's road frontage. If, due to physical limitations of the existing roadway, the applicant believes curb and sidewalk should not be constructed, he or she can provide a letter to the Borough Clerk and Engineer outlining the reasons for said claim. The letter must include the applicable fee as outlined in Subsection G(5) herein. The Borough Engineer will provide a report to the Borough Council as to its review of the request. Borough Council will review the information and forward its decision to the applicant.
(6)
All grading work 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 Borough for application, review and inspection of the site.
(1)
Application fee: $35.
(2)
A flat fee in the amount of $300 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 constitutes by this chapter the actual fee charged to the Borough of Glassboro 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 Borough Engineer's inspection of the site in accordance with this chapter.
(4)
Reinspection. A flat fee of $100 shall be paid to the Borough of Glassboro 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 re-inspection shall be charged at the flat rate of $100 and shall be paid at the time of the request for any reinspection.
(5)
Sidewalk/curb waiver request fee. A flat fee of $200 shall be paid to the Borough of Glassboro to evaluate an applicant's request for a waiver from construction of sidewalk and/or curb. A report/letter will be issued to Borough Council by the Borough Engineer recommending or denying of said construction.
[Amended 12-29-2015 by Ord. No. 15-36]
(6)
Sidewalk/curb inspection fees. A flat fee of $400 per individual grading plan for parcels not included within a major subdivision shall be submitted by the applicant to be utilized for the payment of the Borough Engineer's inspection of the concrete sidewalk and/or concrete curb construction. The inspection shall cover the placement of forms, depth of forms, pouring of concrete and soil quality in accordance with the Borough regulations and approved grading plan.
(7)
Reinspection. A flat fee of $225 shall be paid to the Borough Engineer for any reinspection of the construction of the concrete sidewalk and/or curb in the event the initial inspection shall reveal errors/omissions and construction not in accordance with the filed plan and Borough regulations. Each reinspection shall be charged at the flat rate of $225 and shall be paid at the time of the request for any reinspection.
(8)
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 Borough 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 Borough Engineer's office for inspection of the installation of the underground stormwater systems during construction of same forty-eight-hours' notice is required.
(9)
Subsurface stormwater disposal system, reinspection. A flat fee shall be paid to the Borough Engineer for any re-inspection 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 Borough regulations. Each re-inspection shall be charged at the flat rate of $300 and shall be paid at the time of the request for any reinspection.
(10)
No certificate of occupancy shall be issued until the grading plan shall have been submitted and finally approved as built.
(11)
All fees paid under this chapter shall be paid to the Treasurer of Glassboro.
§ 107-130 Zoning permits.
A.
Scope.
(1)
A zoning permit shall be required prior to any activity regulated by the scope of this chapter as stated by § 107-82, Explanatory provisions.
(2)
A zoning permit shall be required in each of the following instances:
(a)
The undertaking of any new use, a change in occupancy to a new owner or new tenant, and the construction of any temporary or permanent building or structure, including, but not limited to, all uses, buildings, and structures incorporated in § 107-82A, all accessory uses set forth in § 107-93, all buildings and uses set forth in the zoning provisions of this chapter, and all items to be constructed that are subject to the design and performance standards of this chapter.
[Amended 11-14-1995 by Ord. No. 95-20; 6-22-1999 by Ord. No. 99-6]
(b)
A change in use from an existing use and/or a change in occupancy to a new owner or new tenant.
[Amended 6-22-1999 by Ord. No. 99-6]
(c)
Any exterior addition to any building or structure which expands its bulk.
(d)
Any conversion which increases the number of dwelling units or additional activity accessory to the primary use.
B.
Application procedures. Applications shall be made in writing to the Zoning Officer on a form specified for such purpose and shall contain the following, except that the occupancy of an existing building or lot by a new owner or a new tenant where no interior or exterior changes are proposed, and where no change in use is proposed, need only provide the following information if such information is not already on file in the Zoning Officer's records:
[Amended 6-22-1999 by Ord. No. 99-6]
(1)
A map or plot plan of the lot showing all dimensions and the exact locations on the lot of all proposed buildings, structures or alterations, and showing curbing and sidewalks in accordance with Borough specifications; provided, however, that no curbing or sidewalks shall be required on an unimproved street or where, in the opinion of the Borough Engineer, the installation of curbs and sidewalks would be detrimental to the drainage of the area; provided, further, that no curbing or sidewalk shall be required on county roads in such cases where the County Engineer or other responsible county officials direct that the installation of curbs and sidewalks are not feasible or desirable.
[Amended 9-13-1977 by Ord. No. 77-16]
(2)
A statement indicating the existing use, the proposed use and the number of families the building is designed to accommodate.
(3)
A description of any proposed building or addition.
(4)
A statement explaining any proposed external alterations which increase the height or area of any existing building.
C.
Review procedure. Permits shall be granted or denied within 20 days from the date of application. All approved permits, together with the accompanying information, shall be a public record.
D.
Effect of a site plan approval. If a site plan has been approved, pursuant to this chapter, a zoning permit shall be issued immediately upon the review of existing area and bulk restrictions of the applicable zoning district.
E.
Denial. No zoning permit shall be granted unless the application conforms to the requirements of this chapter. If the denial is based upon an interpretation of this chapter, the applicant shall be informed of the right to appeal said interpretation to the Board of Adjustment.
F.
Duration of permit. All zoning permits shall remain valid for one year. If the applicant has not undertaken a significant portion of the work required, a subsequent zoning permit shall be necessary.
G.
Sign permits.
(1)
Scope. Except as noted herein, all signs shall require a zoning permit before installing, rebuilding, altering, relocating or enlarging a sign and a certificate of approval to verify the proper installation of the sign. No temporary sign permits shall be issued. No zoning permits shall be required for signs less than four square feet and not illuminated, and signs advertising the sale or lease of real estate which are less than 12 square feet and not illuminated.
(2)
Application procedures. Applications for all sign permits shall be made in writing to the Zoning Officer on a form specified for such purpose and shall contain the following:
(a)
A scaled drawing of the sign showing the words and/or images to be displayed, the intended location of the sign and stating how the sign shall be affixed.
(b)
A statement indicating the type of construction, what areas, if any, are to be lighted, the manner of installation and the materials to be used.
(c)
A written agreement that the applicant is the owner of the premises on which the sign will be erected or that the applicant has obtained the consent of the owner or lessee of such premises to erect such sign.
(d)
A written agreement that the sign shall be erected according to the accompanying plans and specifications.
(3)
Freestanding signs.
(a)
If the sign is to be supported by a separate structure to be erected for that purpose, then the applicant shall supply a map of the lot indicating the location and height of the proposed sign, the setbacks from property lines, and its relation to all sight triangles. A scaled diagram or photograph of a similar sign shall also be attached.
(b)
A certificate of approval shall be required for freestanding signs.
(c)
Freestanding signs whose structural components, material, electrical or other aspects of the sign do not comply with structural or other requirements concerning public health and safety shall be denied a permit.
§ 107-131 Certificates of zoning compliance.
[Amended 6-22-1999 by Ord. No. 99-6]
A certificate of zoning compliance shall be required to be issued by the Zoning Officer upon the completion of the work contemplated and specified in the zoning permit and upon the occupancy of an existing building or property by a new owner or tenant. No building or permanent structure or lot shall be occupied in any manner until a certificate of zoning compliance shall be issued.
§ 107-133 Stop orders.
A.
Scope. A stop order shall be issued by the Zoning Officer in the following instances:
(1)
If activities regulated by this chapter are undertaken without an effective zoning permit being granted.
(2)
If an activity undertaken under an effective zoning permit or under an approved subdivision or site plan deviates from the approved application, either during or after completion of the work.
(3)
If a use is conducted in a way which is in violation of the use requirements, area and bulk regulations or performance standards.
(4)
If a use requiring a special permit or subject to any supplemental control is not conducted in accordance with those regulations.
B.
Notice. A stop order shall be issued by the Zoning Officer and delivered to the owner of any property or his agent. Delivery shall be construed to include registered mail or posting on the property. Copies of such notice shall be furnished to the Construction Official and Borough Engineer.
C.
Contents. The stop order shall be in writing and shall state the nature of the violation and under which conditions work or use may continue. A time not to exceed five days may be permitted to allow for necessary corrections.
§ 107-134 Certificate of intention.
A.
Scope. In all instances where a nonconforming use is discontinued and the owner or operator of such use desires to maintain such a nonconforming use, the Zoning Officer shall be notified in writing by the owner prior to discontinuing the nonconforming use. The letter shall state that:
B.
Procedure. It shall be incumbent upon the owner or applicant to file such a letter with the Zoning Officer. The filing of such a letter shall be considered a ministerial duty of the Zoning Officer.