A. On all lots being newly developed, whether a single lot construction or part of a larger subdivision, lawn preparation in disturbed areas shall include a surface layer having a minimum depth of six inches (6") comprised of surface soil with a known local capability of satisfactorily supporting lawn growth.
1. Sodded areas shall have a minimum finished depth of six inches (6") of sod and surface soil with a known local capability of satisfactorily supporting lawn growth.
2. Grading for lawn areas shall be kept to the minimum necessary to prevent standing water or other undesirable moisture conditions.
3. The yards of every structure shall be graded to secure proper drainage away from the building and dispose of it without ponding in accordance with N.J.A.C. 5:23-3.14 and 3.21.
4. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six (6) inches of cover to all areas of the site and shall be stabilized by seeding, sodding or planting. Under no circumstances shall any soil or earth be sold or otherwise removed from the site, unless application is made and approval granted by the Township Engineer. Application for such removal shall be accompanied by a fee in the amount of $150.00.
5. When using fill for grading a site or any disturbed portion thereof, fresh topsoil, or at a minimum clean fill shall be used. "Clean fill" shall mean material that is not contaminated by solid wastes, infectious wastes, brick, block, concrete, glass, ceramics, wallboard, plastic, wood, metal, or demolition debris. Clean fill may contain small amounts of gravel, roots and other elements naturally occurring in soil. In no event shall the use of clean fill for grading relieve the developer from, the obligations of meeting the above obligations.
B. Alternative performance in certain cases.
If weather conditions or other circumstances make it temporarily difficult or impossible to comply with the terms or any other requirement of this Chapter, the Township Engineer may permit such terms or requirements to be performed at such later date as he or she may specify. In such a case, a cash guaranty or third party surety bond shall be posted with sufficient easements to enable the Township to provide alternative performance.
C. Storage of soil and fill.
Soil and fill may be stored on site for no more than six (6) months to avoid the degeneration of piles and the creation of dangerous conditions. If soil or fill is to be used on the site and there is a need to store same in excess of six (6) months, the individual or entity desiring to store the soil or fill may seek an extension for no more than six (6) additional months from the Township Administrator, which shall be granted only upon a showing of good cause. All soil and fill stored on site must be placed within the front, rear, and side yard setbacks set forth for the property in question under the Township Zoning Ordinance.
D. Enforcement and Penalties.
1. It is the developer's responsibility to comply with the terms of this Ordinance, and the property owner or resident is intended to benefit from these provisions. Compliance with the provisions of this Chapter shall be considered a "prior approval", which must be completed prior to the issuance of a Certificate of Occupancy in accordance with N.J.A.C. 5:23-2.24(a)1. The Construction Official or his or her designee is hereby authorized to inspect the properly prior to issuance of a Certificate of Occupancy to determine whether this prior approval has been met. Any complaints for violation(s) of this Section shall be directed to the Township Administrator, or his or her designee, which shall be responsible for issuing a complaint and summons for an appearance in Municipal Court. The Township Administrator, or his or her designee, shall have the authority to investigate all complaints and consult with the Township Engineer on same.
2. Violation of this Section shall be punishable by a fine of not less than $50.00 and not more than $1,000.00, at the discretion of the Judge of the Pemberton Municipal Court. The Judge shall further order that the conditions of the lot or lots in question be remedied to conform with the requirements of this Section.
E. Applicability of Lot Grading and Drainage Requirements. The requirements set forth in Sections 190-35(f) through (o) shall apply to the development of all lots within the Township of Pemberton for residential purposes. For developments where an overall grading plan has already been reviewed and approved by either the Planning Board or the Zoning Board of Adjustment, the review and approval of an individual lot grading plan prior to the issuance of a. building permit is required.
F. Definition. For the purposes of this ordinance, the term DEVELOPMENT shall mean the construction, reconstruction or relocation of any residential structure; the enlargement of a residential structure resulting in a land disturbance of 500 square feet or more; the construction or placement of an accessory structure on a residential lot resulting in a land disturbance of 500 square feet or more; the construction of an in-ground swimming pool on a residential lot; and/or any subdivision of land classified as a major subdivision by the Township Planning Board.
G. Submission Requirements. The developer of a tract of land in the Township of Pemberton shall provide the following items for each lot proposed to be developed:
(1) Completed lot grading application, copies of which may be obtained from the Township Construction Office;
(2) Appropriate fee(s), as set forth in Section 190-35(n);
(4) Five (5) copies of a lot grading plan, signed and sealed by an engineer licensed by the State of New Jersey, and containing all information listed in the lot grading checklist;
(5) In those instances where the lot grading application is related to a major subdivision, the applicant shall post $2,000.00 per phase and $200.00 per lot in that phase of the subdivision. In addition, the applicant shall deposit an inspection escrow in the amount of $300.00 per lot for inspection of the final lot grading. Any re-inspections will require additional fees. The performance and inspection escrow fees contained within this section shall be deposited in full at the time that the performance bond is accepted by the municipality.
H. Administrative Review and Overall Grading Plan. The Township Engineer shall review all materials submitted pursuant to Sections 190-35(g)(j) and (k) for the purpose of determining compliance with the performance standards set forth in Section 190-35(l). Nothing contained herein shall prohibit the Engineer from requiring a new overall grading plan for review and approval. The developer shall be entitled to administrative review, if the plan meets the performance standards contained herein, provided that the proposed changes do not violate or create a conflict with the prior approvals granted by the approving authority. If in the opinion of the Engineer the revised grading plan substantially deviates from the prior approval, the applicant shall be required to seek the approval of the applicable board.
I. Engineer Inspection and Waiver. At the discretion of the Construction Officer, the Township Engineer may be called upon to perform a site inspection to waive the requirements with regard to the construction of a single family detached dwelling not related to a development, the enlargement of a residential structure resulting in a land disturbance of 500 square feet or more; the construction or placement of an accessory structure on a residential lot resulting in a land disturbance of 500 square feet or more, and/or the construction of an in-ground swimming pool on a residential lot. The Engineer shall have the authority to waive the within requirements provided that in his opinion, such waiver will not have an adverse effect on adjacent lots. The Construction Officer and Engineer shall use the "Grading Plan Waiver Guidelines" questionnaire as a guide for the consideration of said waivers. The Applicant requesting a waiver shall submit an application and the fee for review. If the Engineer determines a waiver is appropriate, a waiver certification shall be issued and the balance of the fee shall be returned to the Applicant.
J. Foundation Location Plan. The developer of a tract of land in the Township of Pemberton shall submit a foundation location plan as follows:
(1) The State of New Jersey, through the Uniform Construction Code, requires that a foundation location survey be submitted to the Township Construction Official as soon as possible after the installation of the foundation wall. Further, the final verification of such a prior approval rests with the Construction Official. This plan shall be prepared by a land surveyor licensed by the State of New Jersey and show all building corners of the foundation. To confirm that the top of block elevation conforms to the approved plan, the permittee shall also submit a foundation location plan to the Engineer for review. The foundation location plan shall contain the top of block elevation.
(2) Nothing in this section shall prohibit a permittee from commencing with framing prior to the submission of the foundation location plan to the Engineer but will instead be a matter to be resolved by the contractor prior to the issuance of the certificate of occupancy. However, since the permittee shall demonstrate conformance to the performance standards listed below in Section 190-35(1) prior to the issuance of the certificate of occupancy, it is recommended that the foundation location plan be submitted to the Engineer as soon after the installation of the foundation walls as possible.
K. Final Survey. A certificate of occupancy shall not be issued until the permittee submits an accurate final survey (as-built plan) to the Engineer for approval. The final survey (as-built plan) shall be prepared by a New Jersey licensed professional land surveyor. The purpose of the final survey (as-built plan) is to ensure that the lot grading is in substantial conformance to the approved plan and that the lot will adequately drain and have no adverse impact on adjoining properties. The final survey (as-built plan) shall be reviewed by the Engineer and determined to comply with the above standards.
L. Performance Standards. The following performance standards will be applicable to lot grading subject to the provisions of this section.
(1) All grading shall be done in a manner that will result in no adverse impact to adjacent properties including Township roads and right-of-ways. Such adjacent properties with natural swales and/or wetlands must be evaluated to insure that adequate capacity is available to accept the runoff from the site being developed and graded. Whenever possible, the land shall be graded in accordance with the NJDEP Stormwater Best Management Practices Manual. Methods to be considered by the design engineer are as follows:
(a) Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
(b) Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
(c) Maximize the protection of natural drainage features and vegetation;
(d) Minimize the decrease in the pre-construction "time of concentration";
(e) Minimize land disturbance including clearing and grading;
(f) Provide low maintenance landscaping that encourages retention and planting of native vegetation;
(g) Provide vegetated open-channel conveyance systems discharge into and through stable vegetated areas such as rain gardens;
(h) Provide preventative source controls.
(2) Other methods may be considered for approval by employing one or more of the methods above, along with use of a municipally approved storm water collection system.
(3) No more than three lots in a row shall be allowed to drain through a swale unless protected by an acceptable easement. The permittee shall confirm to the Engineer that any approved easement has been properly conveyed and recorded and that it is not subject or subordinate to any other interest that could extinguish it or otherwise diminish its effectiveness.
(4) The minimum slope for swales, lawns and disturbed areas shall be 2%, 3% for rear yard swales, and for smooth, hard surfaces, i.e., driveways, 1%.
(5) Slopes shall not be steeper than three horizontal to one vertical.
(6) No grading shall occur within five feet of a property line unless necessary to direct drainage off or onto the property, and then into acceptable drainage facilities. All drainage directed off the property shall conform to the requirements listed in Subsection A(i) above.
(7) The maximum grade for driveways shall be 10%.
(8) The top of block elevation shall be a minimum of six inches above the highest adjacent grade and shall be provided on all grading plans. The notation of the finished floor alone is not acceptable.
(9) Grading within 10 feet of the dwelling shall be in accordance with local building codes.
(10) Retaining walls over three feet in height must be designed and then reviewed and approved by the Engineer.
(11) Topsoil moved during the course of construction shall be redistributed so as to provide at least five inches of spread cover to all seeded and planted areas of the development and shall be stabilized by seeding or planting. Topsoil shall be reasonably free of stone and contain no stones larger than two inches in any dimension. In the event that the quantity of topsoil at the site is insufficient to provide five inches of cover for all seeded and planted areas, the permittee shall provide and distribute a sufficient quantity of topsoil to provide such cover. The composition of any borrowed topsoil shall be in accordance with New Jersey Department of Transportation (NJDOT) standards and suitable for use in a residential setting.
(12) Grading necessary to construct an in-ground swimming pool shall not interrupt the existing and/or approved drainage patterns. Finished deck elevations shall be set above the natural grade occurring on the lot to prevent water from flowing into the swimming pool.
(13) The permittee may request a waiver of a particular performance standard upon presentation of a reasonable justification. The Engineer shall have the authority to review the request and issue an administrative change, provided it does not violate the intent of the ordinance.
(14) The Applicant is required to implement Best Management Practices as published by the New Jersey Department of Environmental Protection by reducing the quantity of runoff by recharge and improving water quality as defined under the Stormwater Management Plan of the Township.
M. Other Requirements. All conditions and requirements herein shall be consistent with the Pinelands Stormwater Management Standards as set forth in the Pinelands Comprehensive Management Plan and any standard adopted thereto, all applicable New Jersey Department of Environmental Protection Standards, all applicable Burlington County Soil Conservation District Standards, and all Township Stormwater Control Standards as set forth in the Pemberton Township Stormwater Control Ordinance (both Pinelands and Non-Pinelands) and any standard adopted thereto.
N. Fees. Fees for the Township Engineer's Review and/or Inspection, as set forth in this Chapter, shall be as' follows:
(1) Application fee: $35.
(2) Grading plan review: $250.
(3) Foundation location plan review: $100.
(4) Final inspection fee (other than major subdivision): $200.
(5) Final inspection fee (major subdivision): $300.
(6) Revised grading plan fee: $100.
(7) Reinspection fee: $100.
O. Checklist. All the requirements for the control of grading and drainage of residential lots shall be required to adhere to the following checklist.
