Rumson City Zoning Code
§ 22-7.27
Soil Removal and Fill.
[Ord. 7/11/96, § 1; Ord. 5/19/05, § 12; Ord. No. 08-015D, § 1; Ord. No. 12-013D; Ord. No. 14-011D § 6; Ord. No. 15-007D § 4; Ord. No. 16-007D § 10; amended 9-10-2024 by Ord. No. 24-009D]
a.
Borough approval shall be required for any grading or regrading of a property in accordance with the following schedule:
Criteria to Require Borough Approval | ||
|---|---|---|
R1 and R2 Zone Districts | All Other Zone Districts | |
Removing soil from a property | Any removal | Any removal |
Fill with soil from outside a property | 50 cubic yards or more | 25 cubic yards or more |
Soil disturbance | 5,000 square feet or more | 2,000 square feet or more |
Height (maximum change in elevation, including retaining walls) | 2' or more | 1' or more |
b.
Approval of a site plan or subdivision by the Municipal Agency which shows soil removal, importation or grading or approval of a grading plan by the Construction Official, who may seek the advice of the Borough Engineer, shall constitute Borough approval. Borough approval is for the purpose of minimizing impacts not anticipated by this chapter to adjacent property or Borough infrastructure. It is not for the purpose of confirming that the proposed grading is appropriate for meeting the property owner's objectives.
c.
Unless otherwise permitted by the Municipal Agency, the Construction Official or his designee, a grading plan and/or accompanying information must conform to the following minimum standards:
1.
Existing and proposed grading information for the entire site, not just the limits of disturbance, must be shown.
2.
Show grading information on adjacent lots which clearly identifies drainage patterns. A minimum of fifty (50') feet on adjacent lots is required for properties located in the R-1, R-2, and R-3 Zones. A minimum of twenty (20') feet is required in all other zones. If the property is flat or if the drainage patterns are poorly defined, additional information may be required.
3.
Provide gutter and center line elevations on all abutting roads at fifty (50') foot intervals. If the lot frontage is one hundred (100') feet or less, a minimum of three elevations must be provided along the frontage; one at each property line and one in the center.
4.
Existing grading information must be taken from field surveys or identifiable aerial mapping of appropriate resolution (0.5 feet; 6 inches). Existing grading information taken from Borough or County aerials is not acceptable.
5.
The source of the existing grading information must be identified.
6.
Show the location of all streams, bodies of water, regulated wetlands, or similar environmental features.
7.
The grading plan must show the locations of all existing trees and street trees referred to in subsection 16-1.4a, of the Tree Protection Ordinance. If street trees are not present, the plan shall reflect locations of proposed street trees at a fifty (50') foot interval to be located within ten (10') feet of the road edge and not between the curb and sidewalk, or in a location approved by the Tree Conservation Officer or the Rumson Shade Tree Commission.
8.
Show the locations of all existing and proposed principal and accessory structures.
9.
Show all existing and proposed subsurface drainage related elements, including, but not limited to, pipes, inlets, blind drains, wet wells, sump pump discharges, down spout/leader drains, dry well, etc.
10.
Show all existing and proposed improvements (principal and accessory) and grading changes with sufficient horizontal and vertical information to identify the limits of grading.
11.
Show all proposed soil erosion and sediment control measures, as well as a proposed sequence of construction.
12.
Include the name and address of the property owner, and, if known, provide the name and address of the contractor, the name and address of the person responsible for the site grading, and a 24 hour emergency contact telephone number.
13.
Include the name and the qualifications of the person preparing the plan. The plan shall be prepared by a Professional Engineer, Land Surveyor, Landscape Architect or Architect licensed in the State of New Jersey.
14.
Soil boring logs or soil pit profiles showing the seasonal high water table based on mottling data must be provided for any application involving the construction of a new home, construction of a substantial addition [resulting in a 25% or greater increase in floor area] and/or the construction of a stormwater management facility or recharge system. A minimum of one soil boring log or soil pit profile shall be provided within the building footprint. A minimum of one soil boring log or soil pit profile shall also be provided at the location of all proposed infiltration or recharge systems located greater than 50 feet from the building footprint.
15.
The grading plan, along with necessary supporting documentation, shall demonstrate compliance with the Borough's Stormwater Management and Control Ordinance where applicable.
d.
Wherever grading is to occur, necessary soil erosion prevention and protection measures in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey and consistent with industry best practices should be implemented to ensure work is undertaken with minimum impacts to the existing infrastructure and surrounding properties. As a minimum, a silt fence or barrier of equivalent or better protection must be installed around the limit of disturbance whenever there is a potential to impact an adjacent property or public infrastructure. The property owner or their agent is responsible for the periodic removal of accumulated soils and debris from the adjacent street(s) by sweeping or other means of removal at the direction of the Borough.
e.
Grading or other disturbance of property shall be accomplished in accord with approved plans, good industry practice and in a manner to avoid damage to any property including public infrastructure and to protect the health and safety of the public. The applicant shall be responsible for addressing negative impacts to neighboring properties as related to grading or other property disturbance to the satisfaction of the Construction Official.
f.
The Construction Official may seek advice from other Borough Officials to determine how best to address an erosion problem.
g.
Inspections by Borough Engineer: periodic inspections by the Borough Engineer or Borough Representative shall be required during construction at the following project milestones:
Prior to lot clearing (or tree removal) to ensure adequate tree protection measures in accordance with Subsection 16-1.9.
After initial lot clearing and/or installation of soil erosion and sediment control measures.
Installation of all drainage infrastructure (excluding roof leaders within building envelope) prior to backfill of trench.
Completion of final site grading prior to installation of vegetative measures.
Final Engineering Site Inspection for recommendation of issuance of Certificate of Occupancy
The property owner or owner's representative shall contact the Building Department to schedule the required inspections a minimum of 48 hours prior to the start of work. The Borough Engineer shall issue a written inspection report approving or identifying corrective actions required prior to approving the work completed to date. The report will be issued to the property owner or owner's representative and kept on file with the Borough.
h.
At the completion of all construction activity when a grading plan was required or when requested by the Construction Official and prior to the issuance of a Certificate of Occupancy, an as-built grading plan shall be submitted for review by the Construction Official or other Borough Officials as necessary. The as-built grading plan shall include, but not be limited to show the full extent of the subject improvements, building corners elevations, finished floor elevations, garage floor elevations, ground spot elements, one (1') foot interval contours, curbs, sidewalks, patios, decks, driveways, and any other relevant information.
i.
Any property that is elevated above existing grades shall not impede the free flow of stormwater runoff from adjacent properties.