Prior to the issuance of a construction permit by the Construction Official for any new structure on any undeveloped lot or a demolition permit for any existing single family dwelling a Lot Development Permit (LDP) shall be applied for and issued by the Township Engineer or the Township Engineer has advised the Township Construction Official in writing that a LDP is not required to be issued in accordance with the provisions of this Chapter..
The requirement for a LDP is to:
a. safeguard against adverse consequences of uncontrolled surface water drainage, degradation of freshwater wetlands and transition areas, pollution of streams, water courses and water bodies and negative impact by development on private and public lands; and
b. enforce regulations concerning disturbance of sloped areas, flood hazard areas, protection of trees, the integrity of easements, conservation areas and storm water detention/retention facilities; and
c. provide for safe and suitable location of road openings, proper geometry, alignment and entrance structures for driveways, efficient fire protection and accessibility by emergency vehicles, proper installation of utilities and utility connections, methods for suitable collection, storage and disposal of construction trash and debris, and advancement of the intent and purposes of zoning.
a. Consideration of issuance of a LDP shall be made upon submittal of an application form and five (5) copies of an Undeveloped Lot Improvement Plan (ULIP) which shall be subject to review by the Township Engineer who may refer the application and ULIP to the Planning Board Planning Consultant and the Planning Board Environmental Consultant for review and comment if he deems it to be necessary.
b. Action on the application and ULIP shall be taken within twenty (20) calendar days of receipt of all plan elements as required by Section 24-4.
c. If approved, the Township Engineer shall issue a LDP. If disapproved, the applicant shall be so notified and the Township Engineer shall furnish a written statement for the reasons of disapproval.
d. Upon issuance a LDP shall be valid for a period of one (1) year. For good cause, the Township Engineer may extend a LDP for one (1) additional year. Upon expiration, a new application shall be filed and processed as any other new application for a LDP.
The ULIP shall be prepared by a professional engineer or architect licensed in New Jersey, provided, however, that where a ULIP involves drainage facilities for sites of ten (1 0) acres or more or involves storm water detention facilities or involves a site traversed by a water course, the ULIP shall only be prepared by a New Jersey licensed professional engineer. The ULIP shall be drawn to a scale of not less than one (1) inch equals thirty (30) feet. The ULIP shall be prepared in sufficient detail to show the following:
a. Key Map based on the Official Tax Map of the Township of Mendham showing all areas within 500 feet of the lot which is the subject of the intended improvement.
b. A topographic map of the subject lot and adjoining public and/or private streets showing 2 foot contour intervals, provided, however, that when deemed necessary by the Township Engineer for reasons based upon good engineering practices, the map shall contain additional topographic information including data and contours relative to adjacent lands within 200 feet of the subject lot.
c. The location of any existing streams, water courses, ponds, storm sewers, delineated wetlands, delineated wetland transition areas, storm drainage detention and retention structure or areas, easements or drainage facilities which relate to drainage of storm waters emanating from or affecting the subject lot. Where applicable, the information required should be as set forth pursuant to the requirements of N.J.A.C. 7:7A-1 et seq.
d. The location and details of any proposed storm sewers, ditches, swales, dry wells, detention and retention facilities or other drainage facilities which are designed to dispose of storm waters from the subject property. Drainage calculations to substantiate the adequacy of drainage facilities shall also be submitted.
e. The location of all existing and proposed new structures, including, but not limited to, buildings, swimming pools, tennis courts, garages, outbuildings, decks, patios, walkways, fences and other impervious areas. In addition, the plan shall show all required building setback lines, including any supplemental lines required in the R-3 and R-5 zone districts. The plan shall also demonstrate the calculation of building height to confirm compliance with the 35 foot maximum height limit.
f. The location, alignment, dimensions and construction details for any existing or proposed driveways, parking and turnaround areas.
g. The elevation of the finished garage floor, first floor and lowest floor of the proposed structures.
h. A roof plan of all proposed structures along with the location of all proposed and existing roof leader drains, dry wells, water supply wells, overhead and underground utility lines, and any individual subsurface sewage disposal systems. Drywells shall be designed to provide for three (3") inches of storm run-off over the roof area. Roof leaders shall be connected to drywells with sic (5" inch PVC pipe with a minimum of one (1) gutter downspout for every four hundred (400 sq. fit.) square feet of horizontal roof area. All new utility lines shall be installed underground.
i. All intended grading, cutting and/or filling represented by proposed contour lines at a corresponding 2 ft. interval including changes in drainage pattern, drainage swales, structures, piping, railroad tie or rock walls or other retaining structures.
j. Calculation of net volume of cut or fill material resulting from grading and excavation operations. The applicant shall identify sources of any proposed fill and methods and locations for disposal of any cut materials.
k. For proposed new driveway openings, the plan shall show sight distances along the intersected street measured in each direction. If the grade of any portion of the driveway exceeds eight (8%) per cent, the plan shall contain a profile of the entire driveway. All driveways shall be located no closer than one-half (1/2) the setback distance to side yard lines.
l. The location of all wooded areas on the lot, and such details as may be required by Chapter XXIII of this ordinance relative to tree protection.
m. The location, size and specie of any proposed plants, trees, landscaping, ground cover, seedling or stabilization which have bearing upon the drainage of storm waters emanating from or affecting the subject lot.
n. The net building envelope area (NBEA) as defined in Chapter XII of this ordinance.
0. A slope analysis consistent with the standards of Section 16-10.8.
p. The existing and proposed location, methods and details of any fire protection system including but not limited to water supply lines, hydrants and water storage facilities.
q. The nature and volume of construction trash and debris, location and protection of temporary storage and methods of disposal of such trash and debris.
r. In addition to the details set forth in subparagraphs 24-4, a through q, the ULIP shall specify and contain any improvements required under the terms and conditions of prior subdivision or site plan approval which have not been installed at the time the application for an LDP is made.
The ULIP shall be consistent with the scope and purposes of this subsection and in addition shall meet the following standards and conditions:
a. Approval of the ULIP shall not be granted until a Tree Removal Permit has been issued by the Tree Protection Committee pursuant to Chapter XXIII and all necessary construction permits for any required individual subsurface sewage disposal system and/or individual water supply system have been issued for the subject lot by the Township Board of Health.
b. Driveways shall be designed and constructed in accordance with Section 16-10.7 of this Ordinance.
c. Sight distances for driveways at street intersections shall meet the recommended standards for intersection sight distances in accordance with "A Policy on Geometric Design of Highways and Streets", latest edition, by The American Association of State Highway and Transportation Officials (AASHTO). Sight distance shall be measured from a point on the center line of the driveway at a distance 15 ft. from the edge of pavement and measured from a height of eye at 3.5 feet on the driveway to a height of object at 4.25 ft. on the street.
d. The slope analysis shall verify that the final grading of the lot and the land to be disturbed by the improvements are consistent with the terms of any prior subdivision or site plan approval with regard to protection of critical areas as related to the subject lot as set forth in subsections 16-10.13). Where no prior subdivision or site plan approval has established the extent of slope disturbance for the lot in question, the standards fixed by subsection 16-10.13 shall apply.
e. Lots shall be provided with adequate drainage and the ground immediately adjacent to all foundations shall be sloped away from the structure with a minimum fall of 6 inches within the first 10 feet.
f. Graded slopes at cuts and fills in earth shall be stable and shall generally have a ratio of 2 to 1; however, a slope of 3 to 1 is preferable where conditions permit in order to achieve a slope with better aesthetic and maintenance characteristics, but in no event shall a graded slope have a ratio of less than 1.5 to 1. Where any cuts and fills in earth result in a net slope with a grade greater than 1.5 to 1 retaining walls, cribbing or terracing shall be provided as approved by the Township Engineer. Cuts in rock shall have slopes which do not exceed a ratio of 1 to 1. The top of a cut or the bottom of a fill shall not be closer than ten (10) feet to any lot line unless site conditions warrant or as approved by the Township Engineer. For graded slopes 3 to 1 or steeper, in no event shall the vertical grade difference of side s1opes exceed ten (10 ft) feet without the introduction of a five (5 ft.) foot wide terrace.
g. Retaining walls shall be constructed in accordance with "Standard Construction Details, Township of Mendham". All proposed retaining structures shall be accompanied by details of construction.
h. The burying of brush, stumps, trees or any construction related materials is prohibited.
i. The ULIP shall comply with the terms and conditions of any development permit issued or approval granted with respect to the property pursuant to provisions of:
1. Chapter XVIII, Flood Hazard Area Regulations.
2. Resolution of Approval by the Planning Board, or Board of Adjustment regarding the subject lot.
3. Any Developer's Agreement affecting the subject lot executed as a consequence of subdivision or site plan approval.
4. Applicable permits and regulations of the New Jersey Department of Environmental Protection and Energy, or any other Local, County or State agency or authority or any public or municipal utility having jurisdiction thereover.
5. Chapter XVI, Subdivision and Site Plan Review, Section 16-10.2w., Fire Protection Systems.
6. Chapter XIX, Soil Erosion, Sediment Control and Flood Prevention.
j. All applicable fees and escrow deposits shall have been fully paid in accordance with Chapter XIII of this ordinance.
k. Wetlands and transition areas shall be protected as set forth in subsection 16-10.14.
a. In order to assure compliance with the terms of the LDP, periodic inspections of the site development operations shall be made by the Township Engineer and the Planning Board Environmental Consultant, as required during the course of the work.
b. When deemed necessary, the Township Engineer may require that additional temporary measures be taken during the course of any lot development activity or construction work to prevent adverse effects upon adjoining lands or roads.
c. The failure of an owner of property to comply with an approved ULIP for such property, including any temporary measures to be taken during the performance of lot development activity or construction work, shall constitute a violation of this chapter.
a. A Certificate of Occupancy shall not be issued by the Construction Official for any property which is the subject of a LDP until the Township Engineer has inspected the property and has certified in writing that the property conforms to the ULIP. The Township Engineer shall make a final inspection and issue a report within five (5) days after notification from the Construction Official of an application for a Certificate of Occupancy. When field conditions require substantial deviations from the plan submitted, as-built drawings shall be furnished prior to issuance of a Certificate of Occupancy.
b. In the event that the Township Engineer determines that current weather conditions do not permit the completion of the required work to effectuate full compliance with the LDP, the Township Engineer may authorize the Construction Official to issue a Certificate of Occupancy upon the posting with the Township of a cash deposit in an amount equal to 120% of the estimated cost of the work remaining to be performed and further conditioned upon the execution of a written cash deposit agreement between the Township of Mendham and the applicant which agreement shall obligate the applicant to complete the remaining work by a specified date and which agreement shall specifically list all work remaining to be performed in order to effectuate full compliance with the LDP.
c. In the event that the property is the subject of a contract of sale, the Construction Official shall not issue a Certificate of Occupancy prior to full compliance with the LDP unless, in addition to receiving written evidence of the existence of the cash deposit agreement, the contract-purchaser requests in writing that the Certificate of Occupancy be issued pursuant to the provisions of subparagraph b and the cash deposit agreement.
d. In the event that a Certificate of Occupancy is issued prior to full compliance with the LDP and compliance is not effected by the date set forth in the cash deposit agreement, the failure to complete the work by such date shall give the Township of Mendham the right to have the work performed and the cost thereof paid from the cash deposit pursuant to the terms of the cash deposit agreement.
Notwithstanding any of the provisions of this Chapter 24, the requirement for obtaining a lot development permit shall not apply to
a. An existing developed lot; or
b. A lot having an average topographic grade not exceeding ten percent (10%) provided that the lot is served by both a sanitary sewer system and a public water supply system.
The exemptions provided by this Section 24-8 shall not be construed to preclude the obligation for compliance with any other municipal, county and/or state regulations as required by law.
a. Whenever the Township Engineer disapproves an application for an LDP, the applicant may appeal such action to the Planning Board.
b. All such appeals shall be filed with the Planning Board Secretary in writing upon a form provided for that purpose. No filing fee shall be required. Unless the appeal is filed within 30 days following the action by the Township Engineer the disapproval shall be deemed final.
c. The Planning Board shall consider each appeal at a public meeting within forty-five (45) days of the filing of the appeal, as scheduled by the Planning Board.
d. Prior to the meeting, the applicant shall give notice thereof to all property owners within 200 feet of the applicant's property as shown on the tax map. Notice shall be given by certified mail or personal service within ten (10) days of the public meeting. The notice shall state the fact that the LDP was denied by the Township Engineer, shall state the reasons for denial as expressed by the Township Engineer, and shall state that the proposed ULIP is on file at the office of the Planning Board Secretary and may be examined during regular business hours on any business day prior to the hearing.
e. For good cause shown, the Planning Board may direct the issuance of an LDP in cases where the Plan Details do not conform to the standards established by Section 24-4. As used in this section, the term good cause shall mean that the applicant has demonstrated that by reason of the unique shape, shallowness or narrowness of the lot, or by reason of exceptional topographic conditions or physical features uniquely affecting the lot, the strict application of said Plan Detail standards would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the lot owner. The burden of establishing the existence of good cause shall be upon the applicant who shall also establish to the satisfaction of the Planning Board that the issuance of the LDP will not substantially impair the purposes set forth in Section 24-2 and that the LDP may be issued without substantial adverse impact upon the surrounding properties and neighborhood.
f. In no case shall the Planning Board direct the issuance of an LDP where the ULIP is inconsistent with the terms of any prior subdivision or site plan approval with regard to protection of critical areas.
