[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 12-11-2008 by Ord. No.
18-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
61, Grading, adopted 3-23-2006 by Ord. No. 08-2006.
A building permit shall not be issued until a grading plan has
been reviewed and approved by the Borough Engineer in accordance with
the provisions of this chapter.
[Amended 10-24-2019 by Ord. No. 18-2019]
The requirements set forth herein shall apply for the development
of all lots within the Borough of Clayton, whether for residential
or commercial purposes, including any disturbance (resulting in a
change in grade, impervious surface coverage, or runoff) that is 600
square feet or greater, and when there is an application for development
before a development review board of the Borough. Expressly excluded
from the requirements set forth herein is the construction of proposed
additions and/or buildings having, at grade or floor level, a total
of 600 square feet or less.
The developer of a tract of land in the Borough must provide
grading plans for each lot proposed to be developed. The grading plans
shall contain all the information required below in the grading plan
checklist, which shall be made available to all applicants in the
form that follows. The developer must submit a completed grading plan
checklist with the application for development.
[Amended 10-24-2019 by Ord. No. 19-2019]
The following shall be the grading plan checklist. The applicant
must complete this checklist and supply the required information.
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Grading Plan Checklist
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1.
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Title block indicating the address of the site, lot and block
numbers, name and address of the applicant and the title "Grading
Plan."
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2.
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Applicants must submit a plan signed and sealed (embossed) by
a professional land surveyor. Applicants must also submit a plan signed
and sealed (embossed) by licensed professional engineer. The plan
must also include the address of the person preparing the plan.
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3.
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The plan must be legibly drawn at a minimum scale of one inch
equals 30 feet, indicate a North arrow and refer to the vertical datum
on which the plan is based.
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4.
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The plan must indicate all property lines, easements and required
setback lines. All property lines must indicate bearing and dimensions,
and the width of all easements must be shown on the plans.
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5.
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The distances between all existing and proposed structures and
adjoining property lines must be indicated on the plan.
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6.
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The plan must indicate the right-of-way and cartway widths of
all adjoining streets as well as the location of all existing and
proposed curbs, sidewalks and driveway aprons along the entire frontage
of the subject property.
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7.
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The plan must indicate existing and proposed contours at one-foot
intervals over the entire lot areas to be disturbed and 50 feet beyond
the limit of grading. Spot elevations and inverts should also be provided
at all inlets, catch basins, outfalls, culverts, and other hydraulic
structures.
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8.
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The plan must indicate existing and proposed spot elevations
at all building and property corners.
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9.
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The plan must also indicate existing topography 50 feet beyond
all property lines and spot elevations for all adjacent building corners.
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10.
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The plan must also indicate the location and dimensions of all
structures and site improvements, including, but not limited to, the
following: buildings, sheds, decks, swimming pools, fences, fence
location, fence type, drainage facilities, and by location and information
relating to any detention or retention facilities relating to this
paragraph.
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11.
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The plan must indicate all stream encroachment, wetlands and
wetland buffer lines and floodplains.
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Additional Requirements for Grading Plans for New Structures
and Additions
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12.
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The plan must indicate the first-floor and basement elevations for all proposed structures. Spot elevations for all building corners must be indicated. If a basement is planned, soil boring(s) will be necessary to provide information relating to soil types, and the depth to seasonal high-water table, and such other information as may be necessary for construction in accordance with Article VI, § 88-47, of the Borough's Unified Development Ordinance (UDO).
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13.
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The plan must indicate the location of all proposed utility
services, including vents and cleanouts.
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The grading plan must conform to the following standards:
A.
All grading shall be done in such a way as to not result in any adverse
effects to adjacent properties. The plan shall not increase the amount
of water which drains onto adjoining lots. For properties where a
drainage problem already exists, the drainage plan shall reduce the
impact on adjoining tracts to the greatest extent possible by causing
the surface water to drain to nearby streets, into approved drainage
facilities or into other accepted devices. All lots shall be graded
to direct surface water runoff away from structures and toward the
frontage road or other defined drainage paths.
B.
Lawn areas shall be sloped away from the buildings and structures
at a minimum of 5% for the first 10 feet from a foundation wall. A
minimum slope of 1% should be maintained in all other lawn areas.
A minimum slope of 2% shall be maintained for all swales. Swales are
normally placed at the edge of both lots so that water will flow from
the back of the house to the curb. Water also may be directed to flow
on neighboring lots where easements are applicable to the curb or
to the source where the water will be discharged.
C.
All slopes shall be no greater than 3:1.
D.
Driveway grades shall not exceed 10%.
E.
No grading shall occur within five feet of a property line unless
necessary to direct drainage off the site and into acceptable drainage
facilities in accordance with these standards. When an applicant proposes
to grade over an adjoining property line, written permission/agreement
from the adjoining property owner must be obtained and a waiver from
the minimum requirements must be obtained from the Borough Engineer.
Where an applicant proposes to grade over an adjoining property line,
written permission in the form of an agreement for easement shall
be recorded in the Gloucester County Clerk's office, from the
adjoining property or developer, and a copy shall be filed with the
Building Office of the Borough of Clayton, and the combined Planning
Zoning Board of the Borough of Clayton, where a subdivision or a variance
shall have been approved. The document between the parties must be
notarized in order to file and record. (The office of the County Clerk
acts as a registrar of deeds and all other recorded documents, and
the right to grade on an adjoining property becomes an easement or
right against the adjoining property.)
F.
The top of any excavation of slope shall be no closer than five feet to an adjoining property and shall not provide for water runoff to the adjoining property unless an agreement shall have been provided and recorded as indicated under Subsection E.
G.
If a retaining wall is proposed, construction details must be provided.
In cases where a retaining wall is higher than 48 inches, calculations
prepared by a licensed professional engineer must be submitted certifying
the stability of the structure.
A.
The Borough's combined Planning Zoning Board is designated to
receive, review and determine variances, subdivisions and site plans
which may include establishing drainage and other issues relating
to applications for development. Grading is a part of said applications.
In the event any grading plan submitted under this chapter shall not
be approved by the Borough Engineer, an application for site plan
with the combined Planning Zoning Board, wherever jurisdiction shall
lie, shall be submitted for purposes of a final determination. All
curb/sidewalk waiver requests must be processed with the Director
of Public Works. The Director will issue a letter with his findings
to the Borough Council, Construction Office and the Borough Engineer.
The Borough Council will decide approval/denial of waiver requests.
B.
The Borough Engineer shall inspect the final grade, with written
notice to the applicable board and to the developer. The final grade
inspection shall be 14 working days preceding the issuance of any
certificate of occupancy.
C.
Following completion of all grading and drainage work, the applicant
must submit two copies of an as-built survey, prepared by a New Jersey
licensed surveyor, with final grades, and request a final inspection.
If any discrepancy exists between the grading plan and actual construction,
the developer will be required to perform any necessary site work
to correct the deficiency. All as-built site work must be done in
conformity with the approved grading plans. Any significant deviations
may be approved only by the relevant approving agency.
D.
Following completion of all work and receipt of the as-built grading
plan, the Borough Engineer shall conduct the final inspection and
notify the Construction Official, in writing, whether the final construction
is in compliance with the approved grading plan and that a certificate
of occupancy may be issued. The Construction Official shall issue
the certificate of occupancy only if all conditions for the approved
grading plan have been satisfied.
E.
All grading work shall be completed within 180 calendar days from
the issuance of the building permit. The grading permit and building
permit shall be issued simultaneously. The 180 days shall be counted
with the issuance of the building permit.
The person to whom this chapter applies must pay the following
fees to the Borough for application, review and inspection of the
site:
A.
Application fee: $35.
B.
A flat fee in the amount of $300 shall be paid at the time of submission
of a grading plan (per lot) and a sum of $100 in the event upon submission
of any revised grading plan. These fees are flat fees and constitute
the actual fee charged to the Borough of Clayton by its Engineer.
C.
Inspection fees. A flat inspection fee of $200 per lot for subdivisions
shall be submitted by the applicant to be utilized for the payment
of the Borough Engineer's inspection of the site in accordance
with this chapter.
D.
Reinspection. A flat fee of $100 shall be paid to the Borough of
Clayton for any reinspection of a grading plan in the event the initial
inspection shall reveal errors/omissions and construction not in accordance
with the filed plan. Each reinspection shall be charged at the flat
rate of $100 and shall be paid at the time of the request for any
reinspection.
E.
Sidewalk/curb inspection fees. A flat fee of $400 per individual
grading plan for parcels not included within a major subdivision shall
be submitted by the applicant to be utilized for the payment of the
Borough Engineer's inspection of the concrete sidewalk and/or
concrete curb construction. The inspection shall cover the placement
of forms, depth of forms, pouring of concrete and soil quality in
accordance with the Borough regulations and approved grading plan.
F.
Reinspection. A flat fee of $225 shall be paid to the Borough Engineer
for any reinspection of the construction of the concrete sidewalk
and/or curb in the event the initial inspection shall reveal errors/omissions
and construction not in accordance with the filed plan and Borough
regulations. Each reinspection shall be charged at the flat rate of
$225 and shall be paid at the time of the request for any reinspection.
G.
Subsurface stormwater disposal system inspection fees. A flat fee
of $475 per individual grading plan shall be submitted by the applicant
to be utilized for the payment of the Borough Engineer's inspection
of any underground stormwater chambers management system. The inspection
shall cover construction of the underground stormwater system for
the purpose of the protection of water resources and areas where there
is no stormwater collection system to transport the runoff to other
areas. The inspection will verify that the underground stormwater
system is constructed per the approved plan. The applicant must contact
the Borough Engineer's office for inspection of the installation
of the underground stormwater systems, during construction of the
same. Forty-eight-hour notice is required.
H.
Subsurface stormwater disposal system reinspection. A flat fee shall
be paid to the Borough Engineer for any reinspection of the construction
of the underground stormwater system in the event the initial inspection
shall reveal errors/omissions and construction not in accordance with
the approved plan and Borough regulations. Each reinspection shall
be charged at the flat rate of $300 and shall be paid at the time
of the request for any reinspection.
I.
No certificate of occupancy shall be issued until the grading plan
shall have been submitted and finally approved as built.
J.
All fees paid under this chapter shall be paid to the Treasurer of
Clayton Borough.
