Toms River City Zoning Code
§ 348-8.7
Clearing and grading.
A.
Grading plan; grading, excavation and embankment construction.
[Amended 9-23-2008 by Ord. No. 4157-08]
(1)
All grading and clearing of any property proposed for development shall be in accordance with a grading plan approved by a Toms River land use board and in conformance with the tree management plan approved pursuant to § 348-12.1 et seq. of this article. All proposed grading plans shall be designed, to the greatest extent practicable, to reduce the amount of clearing of the natural vegetation existing on the subject property thereby furthering the goals and objectives of the Toms River Township Woodlands Management Ordinance, codified at § 348-12.1 et seq.
(2)
All grading, excavation or embankment construction shall be in accordance with the approved final plat and shall provide for the disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the Standard Specifications. No excavated material may be removed from the site except in accordance with an approved final plat nor without the prior approval of the Township Engineer. Where borrow excavation materials from off-site sources are required to complete the necessary grading, such material shall meet the requirements of the Standard Specifications for Borrow Excavations, Zone 3, and shall be subject to the approval of the Township Engineer.
B.
Material which the Township Engineer judges unsuitable for use in roadway embankment may be used for grading outside the roadway right-of-way or in building areas with the permission of the Township Engineer and the Construction Official (for building areas). Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of at places to be provided by the developer.
C.
All construction layout and grading stakes shall be set by a licensed land surveyor or professional engineer employed by the developer or his contractor.
D.
All rough grading must be completed prior to the construction of roadway sub grade. All sidewalk areas and slope areas must be fully graded prior to the construction of finished pavements or pavement base courses.
E.
To preserve the integrity of pavements, embankments and excavations for streets or roadways shall be provided with slopes no steeper than one foot vertical rise for every three feet of horizontal distance.
F.
Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the Planning Board. In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the development, the Planning Board may, upon the application of the developer, consider or may, upon its own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes. In any event, the entire roadway right-of-way shall be fully graded, and any retaining walls, crib walls or terraces shall be located outside of the roadway right-of-way, and their maintenance shall be the responsibility of the owner of the property on which they are constructed. The developer shall make suitable provisions in the instruments transferring title to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the Planning Board and the Township Clerk. All graded areas within or outside of the roadway right-of-way shall be neatly graded, topsoiled, fertilized and seeded to establish a stand of perennial grasses.
G.
Top of slopes in excavations and the toe of slopes in embankment areas shall not extend beyond the right-of-way line or, where provided, the exterior line of the six-foot-wide shade tree and utility easement required herein. Sidewalk and easement areas shall slope at 2% to the top of the curb elevation, and sidewalk construction shall conform to this slope.
H.
Lot grading. Lots shall be graded to secure proper drainage and to prevent the collection of stormwater. Said grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted with the preliminary and final plats, and any departure from these plans must be approved in accordance with the requirements of this chapters for the modification of improvements. Grading shall be designed to prevent or minimize drainage to structures or improvements when major storms exceeding the design basis of the storm drainage system occur.
(1)
Wherever possible, the land shall be graded so that the stormwater from each lot shall drain directly to the street. If it is impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the standards for drainage facilities, and suitable drainage easements shall be provided.
(2)
Unless otherwise required by the Standard Specifications, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet below finished grade.
(3)
The minimum slope for lawns shall be 3/4 of 1% and, for smooth hard-finished surfaces, other than roadways, 4/10 of 1%.
(4)
The maximum grade for lawns within five feet of a building shall be 10% and, for lawns more than five feet from a building, 25%.
(5)
Retaining walls installed in slope control areas shall be constructed of heavy treated timber or logs, reinforced concrete, other reinforced masonry or of other construction acceptable to the Planning Board Engineer and adequately designed and detailed on the development plans to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall. Should the Township adopt, subsequently to this chapter, standard details for such construction, the same shall govern. (See § 348-8.20M.)
[Amended 12-9-2003 by Ord. No. 3843-03]
(6)
The developer shall take all necessary precautions to prevent any siltation of streams during construction. The developer shall provide adequate provisions in accordance with Chapter 438, Soil Disturbance, of the Code of the Township of Toms River, as amended or supplemented, to prevent all deposition of silt or other eroded material in any stream or watercourse. Such provisions may include but are not limited to construction and maintenance of siltation basins or holding ponds and diversion berms throughout the course of construction.