Kearny City Zoning Code
§ 38-5.9
Grading of Lots.
[Ord. No. 2004-(O)-69 §§ 1.1 — 1.10]
a.
Title. This subsection shall be known as the Town of Kearny Lot Grading Ordinance.
b.
Purpose. The purpose of this subsection is to control and regulate the indiscriminate or excessive removal of soil thereby creating drainage issues, stormwater runoff, soil erosion large-scale clear-cutting and destruction of trees and to control, regulate and prevent conditions which cause an increase in stormwater run-off, sedimentation, soil erosion, air or noise pollution, or impair the ambiance or physical appearance of a neighborhood. The regulations contained in this subsection are designed to limit such adverse impact while not interfering with the right of a town property owner to appropriately remove trees in accordance with the regulations as set forth hereinbelow.
c.
Governed Acts. No person may alter, remove or otherwise disturb land or soil on any lot or property within the Town of Kearny, except in accordance with the terms and conditions of this subsection.
d.
Zoning Grading Permit Required. No person directly or indirectly shall alter, remove or otherwise disturb land or soil on any lot or property without having obtained a zoning grading permit as follows:
1.
Permit Required Prior to Land Disturbance or Construction. No land area shall be developed by any person such that:
(a)
The rate of stormwater runoff occurring at the area is increased over what occurs there under existing conditions.
(b)
The drainage of adjacent areas is adversely affected.
(c)
Soil erosion during and after development is increased over what naturally occurs there under existing conditions.
(d)
Soil absorption and groundwater recharge capacity of the area is decreased below what occurs there under existing conditions.
(e)
The natural drainage pattern of the area is significantly altered.
Unless the Town Engineer has first approved a lot grading and soil erosion and sediment control plan for the proposed activity and the Construction Code Office has issued a zoning grading permit to allow such activity to proceed.
2.
Exemptions from Requirement.
(a)
Any development which has received site plan or subdivision approval from the Planning Board or Board of Adjustment shall be exempt from the requirements of paragraph d,1 of this section; provided, however, that individual lots for one or two-family dwellings included within any approved subdivision shall not be exempt by this paragraph d, 2 (a).
(b)
Provided that there are no environmentally sensitive areas, such as but not limited to, steep slopes, wetlands, streams or bodies of water located in the area to be graded or disturbed and further provided that, in the opinion of the Town Engineer, the proposed land disturbance will not create a soil erosion problem, then the following exemptions may be granted by the Construction Code Enforcement Official:
(1)
Land disturbance of less than 15% of total lot area.
(2)
Land disturbance for the purpose of constructing an addition less than 350 square feet to an existing single- or two-family dwelling.
Any proposed land disturbance exempted by the provisions of paragraphs d, 2 (a) and/or d, 2 (b) (1) or (2), shall not be required to obtain a zoning grading permit.
3.
Grading Plan Preparation and Contents. The lot grading and soil erosion control plan shall be prepared by a professional engineer licensed by the State of New Jersey. The plan must detail how the requirements of paragraph d, 1 will be met. If the site currently has a drainage problem as the result of previous development, the plan should propose a method to address the existing conditions. The Town Engineer will review the plan to determine if the improvement is feasible and warranted. Two copies of the plan shall be submitted to the Construction Code Office together with two copies of an application for a zoning grading permit and the fee required by paragraph, 5 of this subsection. The lot grading and soil erosion and sediment control plan shall contain the following information:
(a)
Date.
(b)
Layout of proposed buildings and structures.
(c)
North arrow; scale; block and lot number of the subject property (or properties); name and address of record owner; name address, license number and seal of the person preparing the plan.
(d)
Complete lot boundary line information based on a current survey prepared by a New Jersey licensed land surveyor.
(e)
Building setback lines, lines of existing streets, easements affecting the property and any areas dedicated to public use.
(f)
Location of existing buildings and structures, if any, including walls, fences, culverts and bridges. Spot elevations as to all such structures shall be provided. Structures to be removed shall be indicated by dashed lines.
(g)
Location of all existing and proposed storm drainage structures. The information shall include proposed methods of controlling on-site stormwater, and may include grading, use of underground leaders to stormwater systems or dry wells, and other similar or related methods.
(h)
Existing contours at two-foot intervals where slopes are less than 10% and five-foot intervals where slopes are 10% or greater. Existing contours shall be shown by dashed lines.
(i)
Proposed contours with similar intervals. Proposed contours shall be shown by solid lines. All changes in grade proposed on site or adjacent to the building must be delineated on the Proposed Contour Plan.
(j)
Location of existing rock outcroppings, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant natural features.
(k)
Proposed use of land, buildings and other structures, including driveways, roads, curbs, sidewalks and other paved areas.
(l)
Existing and proposed utility locations.
(m)
Landscaping plans showing existing vegetation to remain and all areas to be seeded or planted. Size and type of proposed trees and shrubs shall be indicated. All trees eight inches DBH or greater shall be shown.
(n)
Disturbance fencing shall be provided around the limits of all areas of disturbance.
(o)
Silt fencing and/or hay bales shall be provided downstream of all areas of all areas of disturbance.
(p)
Such other information as may be required by the Town Engineer in order to determine that the requirements of this section have been met.
(q)
Narrative describing the existing conditions and any proposed improvements as a result of the change in grade.
4.
Time for Action. The Town Engineer shall review and approve, conditionally approve or deny the lot grading permit application within 30 days of the date on which a complete application is submitted. Otherwise, the applications for a grading permit shall be deemed to be approved.
5.
Fee. Each applicant for a zoning grading permit under this subsection shall submit a review fee payable to the Town of Kearny in the amount of $200 for the review by the Town Engineer and a $25 fee for the issuance of the permit.
e.
General Requirements. Since considerable soil erosion can take place during land disturbance, development plans shall contain proposed soil erosion and sediment control measures. The measures shall be incorporated into the final plan and final construction drawings. Soil erosion and sediment control measures shall conform to the Standards and Specifications for Soil Erosion and Sediment Control. The measurers shall apply to all features of the constructions site, including street and utility installations as well as to the protection of individual lots. Measurers shall also be instituted to prevent or control soil erosion and sedimentation during the various stages of development.
f.
Guaranties. Improvements or such other measures on an approved lot grading plan that may be required subsequent to the start of construction or site development work may be deferred until such appropriate time as when required. The Town Engineer shall provide for the posting of performance guaranties and maintenance bonds in the same manner as provided in this ordinance. For drainage (i.e., piping) catch basins.
g.
Review and Approval of Plan; Copies of Decision. If required, the Town Engineer shall refer soil erosion and sediment control portion of the application to the Hudson County Soil Conservation District or such other local, County, State or Federal agency as may be particularly qualified to review said plan, and no approval of the Town Engineer shall be given until after receipt and recommendations thereof. Such review and approval shall be made within a period of 30 days of submission of a complete application unless, by mutual agreement in writing between the municipality and the applicant, this period is extended for an additional 30 days. Failure of the municipality to make a decision within such period of such extension thereof shall constitute certification. The applicant shall be provided with written notice of such decision by the Town Engineer or other authorized municipal agent. A copy of such decision, including name of applicant, site location by street address and block and lot number, and proposed land use shall be sent to the Hudson County Soil Conservation District. The municipality shall also make available such other information as may be required by the District.
h.
Maintenance. Individuals or developers carrying out soil erosion and sediment control measures under this subsection, and all subsequent owners of property on which such measurers have been installed, shall adequately maintain all permanent soil erosion control measures, devices and planting in effective working condition for a period of two years after completion of the approved plan implementation. The Town Engineer shall give the applicant upon request a certificate indicating the date on which the measurers called for in the approved plan were completed.
i.
Enforcement. The requirements of this subsection shall be enforced by the Construction Code Enforcement Department, which shall inspect or require adequate inspection of the work. If the Construction Code Enforcement Department finds any existing conditions not as stated in any application, he may refuse to approve further work, and shall notify the Construction Code Official in writing, of the reasons for refusal, and may additionally require necessary engineering measures to be promptly installed and may seek other penalties as provided in Chapter 1, Section 1-5, plus all applicable assessments, surcharges and court costs.
j.
Maintenance Guaranties. Pursuant to the provisions of paragraph e of this subsection, the Town may require a maintenance guaranty in favor of the Town of Kearny in an amount not to exceed 15% of the estimated cost of improvements called for by the lot grading plan, as the total cost thereof shall be estimated by the Town Engineer. Said maintenance guaranty shall run for a period of two years and said guaranty shall provide for the proper repair and/or replacement of any such improvements during said period of two years. The said two-year period shall run from the date of the issuance of the first certificate of occupancy for the last home in such development as shown on the preliminary plat, or the date of issuance of the certificate of occupancy for a site plan.