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Mount Arlington City Zoning Code

§ 17-30.8

Grading Permit.

[Ord. No. 00-21]
a. 
Permit Required. No land shall be cleared, graded or otherwise permanently disturbed in a manner which alters slopes and/or the flow of stormwater runoff for any purpose, including but not limited to the construction of single-family dwellings, multifamily dwellings or other buildings or structures, the mining of minerals, the removal of other natural resources, the development of golf courses and/or the construction of streets by any person or entity other than the Borough of Mount Arlington, County of Morris, State of New Jersey unless the Borough Engineer has first approved a lot grading plan for the proposed activity and has issued a grading permit allowing such activity to proceed.
[Ord. No. 10-11 § 9]
b. 
Exemptions from Requirements.
[Ord. No. 10-11 § 9]
(1) 
Any development which has received approval from the Planning Board shall be exempt from the requirements of paragraph a of this section. This exemption shall only apply to grading shown on the plan(s) approved by the Planning Board. All other grading activities shall not be exempted.
(2) 
The Borough Engineer may at his discretion waive any requirement of this section if an applicant can demonstrate to the satisfaction of the Engineer that the requirement for which a waiver is sought is not applicable and will not result in the detriment to the public health, safety and general welfare.
c. 
Grading Plan Preparation and Contents. The lot grading plan shall be prepared by a professional engineer licensed by the State of New Jersey. Two copies of the plan shall be submitted to the Borough Engineer together with two copies of an application for grading permit (which application form shall be available through the office of the Borough Engineer) and the fee required by paragraph f of this section. The lot grading plan shall contain the following information:
(1) 
Date.
(2) 
Layout of proposed buildings and structures.
(3) 
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.
(4) 
Complete lot boundary line information based on a current survey prepared by a New Jersey-licensed land surveyor.
(5) 
Building setback lines, lines of existing streets, easements affecting the property and any areas dedicated to public use.
(6) 
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.
(7) 
Location of all existing and proposed storm drainage structures.
(8) 
Existing contours at two-foot intervals where slopes are less than 10%, five-foot intervals where slopes are 10% or greater. Existing contours shall be shown by dashed lines.
(9) 
Proposed contours with similar intervals. Proposed contours shall be shown by solid lines.
(10) 
Location of existing rock outcroppings, high points, watercourses, depression, ponds, marshes, wooded areas and other significant natural features.
(11) 
Proposed use of land, buildings and other structures, including driveways, roads, curbs, sidewalks and other paved areas.
(12) 
Existing and proposed utility locations.
(13) 
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.
(14) 
Disturbance fencing shall be provided around the limits of all areas of disturbance.
(15) 
Split fencing and/ or hay bales shall be provided downstream of all areas for disturbance.
(16) 
Such other information as may be required by the Borough Engineer in order to determine that the requirements of this section have been met.
d. 
Vegetation. The preservation of natural vegetation shall be preserved wherever practical. The regarding or stripping of vegetation on steep slopes shall comply with the following standards:
(1) 
On slopes less than 10% vegetation can be stripped from the site necessary to build all buildings and ancillary paved areas as well as that part of the site not to be improved but will be regarded as approved by the Borough Engineer.
(2) 
On slopes between 10% and 15%, vegetation shall not be stripped from more than 40% of the slopes.
(3) 
On slopes between 15% and 25%, vegetation shall not be stripped from more than 30% of the slopes.
(4) 
On slopes 25% or greater, vegetation shall not be stripped from more than 15% of the slopes.
(5) 
Irrespective of the above regulations, an applicant may regrade a steep sloped area, provided that in no event shall the applicant disturb or regrade more than 200 square feet of the lot to be developed.
e. 
Time for Action. The Borough 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 application for grading permit shall be deemed to be approved.
f. 
Review and Application Fees.
[Ord. No. 09-06, Ord. No. 10-11 § 9]
(1) 
The applicant of a grading permit shall be responsible for the payment of engineering and legal review and inspection fees. Upon submission of a grading permit application the applicant shall submit an escrow fee payable to the Borough of Mount Arlington of no less than $500. Additional escrow fees may be required if deemed appropriate by the Borough Engineer; the amount of which shall not exceed $200 each time a request for additional escrow is made to the applicant. Escrow fees shall be administered in accordance with § 17-5.8.
(2) 
Each application for a grading permit under this section shall require the submission of a permit fee in the amount of $100, payable to the Borough of Mount Arlington upon issuance of an approved grading permit.
(3) 
Exemptions described in paragraph b of this § 17-30.8 shall not apply to the requirement of the soil removal fee.