Ordinance No. 08-09
Introduced: April 2, 2009
Public Hearing: May 7, 2009
Status: Adopted
An ordinance amending the Land Development Ordinance of the Township of Randolph by the addition of Section 15-52, Lot Grading Permits, and amending and supplementing Appendix A - Fee Schedule of the Revised Ordinances of the Township of Randolph
WHEREAS, the Municipal Land Use Law of the State of New Jersey, N.J.S.A. 40:55D-1, et seq., grants to municipalities the power to adopt a zoning ordinance relating to the nature and extent of the uses of lands, buildings and structures thereon; and
WHEREAS, the Township of Randolph (“Township”) desires to amend the Land Development Ordinance of the Township of Randolph by the addition of Section 15-52, Lot Grading Permits, to require a permit prior to the commencement of any land disturbance involving 1000 square feet or more of any new impervious area or 2,500 square feet or more of new soil disturbance; and
WHEREAS, pursuant to N.J.S.A. 40:48-1, the governing body of a municipality may make, amend, repeal, and enforce ordinances to manage, regulate and control the finances and property of the municipality; and
WHEREAS, the Township of Randolph desires to amend and supplement the Fee Schedule in Appendix A of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey to set forth the fees for the review of a lot grading plan and for obtaining a lot grading permit.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. The Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following:
15-52 Lot Grading Permits
15-52.1. Activities requiring a lot grading permit.
Prior to the commencement of any land disturbance involving the construction of 1000 square feet or more of new impervious area or 2,500 square feet or more of new soil disturbance, except for normal agricultural operations in connection with a farming operation, an application for a lot grading permit shall be submitted to the Township Engineer.
15-52.2. Waiver.
Anything to the contrary notwithstanding, the requirement for a lot grading plan may be waived by and a lot grading permit may be issued by the Township Engineer if, in his opinion, the proposed construction or land disturbance will not present risks or problems of soil erosion, drainage or other environmental damage.
15-52.3. Submission of lot grading permit application.
Each application for a lot grading permit shall be submitted on a form available from the Township Engineer and shall be accompanied by a plan which complies with the following requirements:
A. A plan delineating the property’s boundaries, as well as the specific areas of the site on which the work is to be performed and describing existing and proposed features of the property and the area surrounding the site of the work, including such natural and man-made features as buildings, driveways, walls, fences, topographic features, existing vegetation, wooded areas, steep slopes, rock outcrops, trees as required by the tree removal ordinance, wetlands, surface waters, watercourses, transition areas and riparian buffers. These features shall be shown within 50 feet of the proposed area of disturbance unless additional information is requested by the Township Engineer.
B. The plan of the site shall be submitted at a scale of not less than one inch equals 50 feet and existing and proposed contour intervals of no more than two feet. Top and bottom of all wall elevations, first floor elevations and garage floor elevations shall be included on the plan. The plan shall be prepared by a registered professional in accordance with N.J.A.C. 13:40-7. Any survey on which the plan is based shall also be submitted.
C. A soil erosion and sediment control plan consistent with Chapter 15-46 of the Township Ordinance, Soil Conservation and Protection.
D. A stormwater management plan consistent with Article VIII, Stormwater Control Ordinance.
E. A time schedule indicating the anticipated starting and completion dates of the development sequence.
F. A zoning schedule showing the zone standard along with the existing and proposed conditions.
15-52.4. Criteria for review.
The following criteria shall be applicable to the review of an application for a lot grading plan:
A. No soil shall be excavated, removed, deposited or disturbed except as a result of and in accordance with a lot grading plan approved under the terms of this chapter.
B. Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be provided to protect downstream properties.
C. Provision shall be made for any structures or protective measures that may be required for the protection of the public safety, including, but not limited to, retaining walls, guide rails, headwalls and fences.
D. Any proposed building, structure, grading or attendant protective measures will not impede the flow of surface water through any watercourse.
E. Any proposed vehicular facilities, including roads, drives or parking areas, shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.
F. Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Township Engineer.
G. There shall be no alteration of site elevations in excess of one foot within five feet of an adjoining property line.
H. Changes in grade shall not exceed a slope of 3:1 unless supported by retaining walls or maintenance free vegetation as may be appropriate.
14-52.5. Fees.
A fee as set forth in Schedule A shall be imposed for each permit. The fee shall cover the cost of a preliminary site visit and review of initial submission. If a grading plan is required by the Township Engineer, an additional fee shall be submitted to cover the cost of review of one revision, two site inspections and submission of one inspection report to the Construction Official. If more than two inspections of a property are anticipated or required, the applicant shall post an escrow deposit in an amount established by the Township Engineer to cover the cost of any additional inspections. All inspections shall be charged to the account in an amount based on the regular hourly rates of the Township Engineering staff. All fees shall be paid and the escrow account made current prior to the issuance of any certificate of occupancy, certificate of approval or the release of any performance guarantees that may have been posted with respect to the property.
14-52.6. Certification.
Prior to the issuance of any certificate of occupancy or certificate of approval, a New Jersey licensed professional engineer and/or land surveyor must certify that the final as-built grading of the lot is in compliance with the approved grading plan.
14-52.7. Expiration.
This section shall expire on December 31, 2010, at which time the governing body of the Township shall revisit the efficiency of the Ordinance provisions.
SECTION TWO. Appendix A, Fee Schedule, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, Engineering Services section, shall be amended by the addition of the following:
Lot grading permit:
(1) Lot grading permit—$50.00
(2) with lot grading plan—$250.00 additional
(3) If more than two inspections of a property are anticipated or required, the applicant shall post an escrow deposit in an amount established by the Township Engineer to cover the cost of any additional inspections. All inspections shall be charged to the account in an amount based on the regular hourly rates of the Township Engineering staff.
SECTION THREE. All ordinances or parts of ordinances in conflict or inconsistent with any part of this Ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.
SECTION FOUR. This Ordinance may be renumbered for codification purposes.
SECTION FIVE. In the event that any section, part or provision of this Ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid.
SECTION SIX. This Ordinance shall take effect 20 days after passage and publication as provided by law.
ATTEST
_____________________________
Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
_____________________________
Edward A. Metz, Mayor
LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 08-09
NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending The Land Development Ordinance of the Township of Randolph By The Addition of Section 15-52, Lot Grading Permit, And Amending And Supplementing Appendix A - Fee Schedule Of The Revised Ordinances Of The Township Of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on April 2, 2009 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on May 7, 2009 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend the Land Development Ordinance of the Township of Randolph by the addition of Section 15-52, Lot Grading Permit, to require a permit prior to the commencement of any land disturbance involving 1000 square feet or more of any new impervious area or 2,500 square feet or more of new soil disturbance. In addition, the above Ordinance amends and supplements the Fee Schedule in Appendix A of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey to set forth the fees for the review of a lot grading plan and for obtaining a lot grading permit.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey