[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 12-11-1973 by Ord. No. 73-20. Amendments noted where applicable.]
No person, firm or corporation shall change the grade of any real property in the Borough of Kenilworth except as hereinafter provided, and then only in full compliance with the requirements, standards and conditions contained herein. For the purposes of this chapter, the phrase "change the grade" shall mean any significant change in topography and shall include any change in grade which violates § 112-2 of this chapter.
No person, firm or corporation shall change the grade of any real property within the Borough of Kenilworth where the result will be to:
Interfere with the natural drainage of the general area surrounding the property.
Interfere with the riparian or drainage rights or easements of other property owners.
Interfere with lateral supports or slopes.
Cause an unreasonable accumulation or flow of surface water upon or over any property.
Create or aggravate any condition detrimental to the public health and safety.
No person, firm or corporation shall change the grade of any property within the Borough of Kenilworth except in conformance with maps, plans and specifications approved by either the Municipal Engineer or the Planning Board of the Borough of Kenilworth as provided in this chapter.
No person, firm or corporation shall change the grade of any real property without a permit so to do.
An application for such a permit shall be made to the Building Inspector of the Borough of Kenilworth by the owner of the property or his duly authorized agent on forms provided by the Building Inspector, accompanied by four sets of maps and plans and specifications prepared by and bearing the seal of a licensed engineer or licensed land surveyor, drawn to such scale as to be reasonably clear and showing the following:
The name and address of the owner of the property.
Description of property by street address and Tax Map designation.
The location of the property and its geographic relation to neighboring properties, showing all buildings and lots within 100 feet of the boundaries of the plot on which the change in grade is proposed.
The location of that portion of the municipal storm sewer serving the property.
Existing topography of the property with contour intervals at significant points showing the existing flow of surface water from the property to the municipal sewer system.
Proposed topography of the property with contour intervals at significant points showing the proposed flow of surface water from the property to the municipal sewer system.
The elevation of all ground level windows, doors and openings of buildings on the property.
The Building Inspector shall promptly refer the application to the Borough Engineer who shall, upon the receipt of same, examine the same and inspect the property. If the Municipal Engineer determines that the proposed change in grade does not violate any of the provisions of § 112-2 hereof, he shall so certify in writing to the Building Inspector who shall, upon receiving said certification, issue the permit requested.
The owner may appeal the denial of the permit to the Planning Board of the Borough of Kenilworth on five days' written notice to the Building Inspector, the Municipal Engineer and all persons owning property within 100 feet from the property proposed to be regraded. The Planning Board shall adopt reasonable rules governing its procedure upon such appeal. If the Planning Board determines that the proposed change in grade does not violate any of the provisions of § 112-2 hereof, it shall direct the Building Inspector to issue the permit.
Not less than 30 days after the completion of any change of grade, the owner shall furnish the Building Inspector with the written certification of a licensed engineer or licensed land surveyor that the change of grade has been completed in accordance with the application. Failure to furnish such a certification shall be deemed a violation of this chapter. In no event shall a certificate of occupancy be issued prior to the furnishing of the certification.
[Amended 9-11-1979 by Ord. No. 79-19; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to the general penalty set forth in Chapter 1, Article I, General Penalty, of the Borough of Kenilworth Code. Each day that a violation shall continue shall constitute a separate violation of this chapter.