§ 175-112.1. Lot grading and drainage.
[Added 7-25-2005 by Ord. No. 31-2005]
   A.   Applicability.
      (1)   The requirements set forth herein shall apply to the development of all lots within the Town of Hammonton 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 to ensure general compliance with the overall grading plan. Any lot greater than one acre shall not be subject to the requirement to submit an individual lot grading plan, unless in the opinion of the Town Construction Official or the Town Engineer there are special circumstances to require an individual lot grading plan.
      (2)   This section applies to any construction, reconstruction or relocation of any residential structure; the enlargement of a residential structure; the construction or placement of any accessory structure on a residential lot resulting in a land disturbance in excess of 500 square feet on a one-third-acre parcel or in excess of 800 square feet on a lot over 1/3 acre.
   B.   Nothing contained herein shall prohibit the Town Engineer from requiring a new, overall grading plan for review and approval. If in the opinion of the Town Engineer the revised grading plan substantially deviates from the prior approval, the applicant shall be required to seek the approval of the applicable board.
   C.   If in the opinion of the Town Engineer a revised grading plan substantially deviates from the prior approval, the applicant shall be required to seek the approval of the applicable board.
   D.   Foundation location survey. The State of New Jersey, through the Uniform Construction Code, requires that a foundation location survey be submitted to the Town 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 in relation to the approved setbacks. The plan shall also note appropriate elevations to confirm that the top of block elevation conforms to the approved plan. The permittee shall also submit a copy of the foundation location survey to the Town Engineer for review. The foundation survey shall contain the top of block elevations.
   E.   Final survey (as-built plan).
      (1)   Prior to the issuance of a certificate of occupancy, the permittee shall submit two copies of an accurate final survey (as-built plan) to the Town Construction Official and the Town 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, provide stormwater storage or recharge facilities if required, and have no adverse impact on adjoining properties. The final survey (as-built plan) shall be reviewed by the Town Engineer and the Construction Official and determined to comply with the above standards.
      (2)   The final survey (as-built plan) must be on file with the Construction Official's office no later than 14 days prior to the applicant seeking a certificate of occupancy. Any applications submitted after this time frame are not guaranteed an approval or issuance of a certificate of occupancy prior to closing.
   F.   Performance standards.
      (1)   All grading and stormwater storage or recharge facilities shall be done in a manner that will result in no adverse impact to adjacent properties. Adjacent properties with natural swales and/or wetlands must be evaluated to ensure that adequate capacity is available to accept the runoff from the site being developed and graded. Whenever possible, the land shall be graded in one of the following methods:
         (a)   The rear yard shall drain over land to the street through side yard swales on either side of the house, located on the common property lines with adjoining lots, and the front yard shall drain directly to the street;
         (b)   The rear yard shall drain and be collected in a system of interior yard inlets and piping designed in accordance with accepted standards, connected to the development's overall stormwater drainage system, and the front yard shall drain directly to the street; or
         (c)   The rear yard shall drain overland onto adjoining properties as permitted by right, i.e., no net increase in rate of runoff or manner of flow or via an acceptable easement, and the front yard shall drain directly to the street.
         (d)   The grading plans at all times shall be consistent with the current state stormwater standards. On-site collection, storage and recharge facilities shall be constructed to assist in the infiltration of stormwater runoff within the individual lot.
      (2)   No more than three lots in a row shall be allowed to drain through a swale unless protected by an acceptable easement.
      (3)   The minimum slope for swales, lawns, and disturbed areas shall be 2% and for smooth, hard surfaces, i.e., driveways, 0.5%. If slopes of 2% cannot be maintained for swales, a grade of 1.5% may be acceptable, if in the opinion of the Town Engineer the proposed grading plans provide adequate provisions for on-site stormwater recharge and no adverse impacts to adjacent parcels will result from the proposed improvements and grading of the subject property.
      (4)   The maximum grade for driveways shall be 10% unless waived by the Town Engineer under special circumstances.
      (5)   The top of block elevation shall be a minimum of eight inches above the highest adjacent grade and shall be provided on all grading plans. The notation of the finished floor alone is not acceptable.
      (6)   Grading within eight feet of the dwelling shall be in accordance with local building codes.
      (7)   Retaining walls over three feet in height must be designed by a licensed professional and then reviewed and approved by the Town Engineer and Construction Official.
      (8)   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 in accordance with Soil Conservation District (SCD) standards to prevent the potential for erosion. 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 topsail 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) and Soil Conservation District (BCD) standards and suitable for use in a residential setting.
      (9)   The permittee may request a waiver of a particular performance standard upon presentation of supporting documentation provided by the applicant's engineering professional that satisfactorily addresses grading and stormwater recharge concerns. The Town Engineer shall have the authority to review the request and grant such a waiver request, provided that it is not inconsistent with the intent of the section.
   G.   Performance bond and inspection escrow. Where a performance bond and inspection escrow have already been or will be established in accordance with major subdivision application standards, the requirements for the posting of fees and escrows may be waived as set forth in this section, unless the permittee elects to proceed with the fixed fee schedule. In those instances where a permittee elects not to proceed with the fixed fee schedule, a separate line item for lot grading and stabilization shall be included in the performance bond estimate and inspection escrow deposit, which shall be calculated pursuant to the Municipal Land Use Law (Chapter 291, Laws of N.J. 1975, N.J.S.A. 40:55D-1 et seq.). If the applicant seeks a certificate of occupancy prior to stabilizing the property in accordance with SCD standards, the bond amount for grading, stabilization and yard drainage for nonmunicipal property shall be $2,000 per acre actually disturbed. Separate items are to be listed for municipal private residential property. The item of grading and stabilization for private residential property shall not convert over to any subsequent maintenance bond. Dollar amounts set aside for grading and stabilization purposes shall be updated as the need arises.
   H.   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 hereto.
   I.   All of the requirements for the control of grading and drainage of residential lots shall be required to adhere to a checklist and application which shall be prepared by the Town Construction Official after review and approval by the Planning Board.
   J.   Fees:
      (1)   Town application fee: $30.
      (2)   Grading plan review, as-built review and inspection escrow: $300.
      (3)   Review revised grading plan escrow (as needed): $100.
      (4)   Foundation location and elevation review escrow (as needed): $50.
      (5)   Reinspection of as-built conditions escrow (as needed): $100.