Any application for development shall demonstrate
conformance to design standards that will encourage sound development
patterns within the Township, and such application, and all development
thereunder, shall conform to the provisions of this article. Where
an Official Map has been adopted, the development shall conform to
the proposals and conditions shown thereon. The streets, drainage
rights-of-way, school sites, public parks and playgrounds, scenic
sites, historic sites and flood control basins shown on the officially
adopted Official Map shall be considered in the approval of plats.
In accordance with good design practices, extreme deviations from
rectangular lot shapes and straight lot lines shall not be allowed
unless made necessary by special topographical conditions or other
special conditions acceptable to the approving authority. All improvements
shall be installed and connected with existing available utility or
other service facilities or installed in required locations to enable
future connections with approved utility or service facilities and
shall be adequate to handle all present and probable future development.
[Amended 9-15-1987 by Ord. No. 1987-8]
The following standards and procedures shall
be used in the design of drainage systems:
A. The design of the drainage system shall conform to requirements set forth in the Chapter
100, Part
3, Stormwater Management, of the Code of the Township of Holland.
[Amended 3-21-2006 by Ord. No. 2006-3]
B. Pipes or conduits shall be designed using Manning's
formula for velocity. The coefficient of friction for reinforced concrete
pipes shall be n-0.013 and for corrugated metal pipes shall be n-0.024.
C. Whenever possible, the pipes shall be designed to
maintain a self-cleaning velocity of three feet per second when flowing
full.
D. The interval between manholes or inlets shall not
exceed 400 feet. A manhole or inlet shall be provided whenever branches
or drain lines are connected or sizes are changed and whenever there
is a change in pipe alignment or grade.
E. Transitions of drain pipes through manholes or inlets
shall be designed to allow a drop of at least 0.1 foot for pipes of
equal size or of an amount at least equal to the difference in diameters
for pipes of different sizes.
F. Horizontal and vertical alignment of pipes shall be
in a straight line between manholes or inlets.
G. Swales or waterways shall be designed in accordance
with standards set forth by the United States Department of Agriculture
Soil Conservation Service and proper engineer practice.
H. When requested by the approving authority or the Township
Engineer, plans shall be submitted to the United States Department
of Agriculture Soil Conservation Service for their recommendations
on erosion and sedimentation control measures.
I. A permit shall be obtained from the Division of Natural
Resources, New Jersey, Department of Environmental Protection, for
a structure, crossing or conducting a natural stream with a drainage
area of at least 50 acres, or otherwise as required by state law.
J. Stormwater management system.
[Added 4-21-1993 by Ord. No. 1993-4]
(1)
Every lot in the COM Commercial District and
the overall tract developed as a planned commercial development in
the PCD/PSV Planned Commercial Development/Planned Senior Development
District shall contain a stormwater management system designed to
prevent stormwater runoff to adjacent lots and streets at rates greater
than those prescribed in other requirements of this chapter. If consistent
with other requirements of this chapter, additional runoff may be
directed to adjacent streams upon approval of runoff calculations
and designs acceptable to the Township Engineer.
[Amended 11-21-2000 by Ord. No. 2000-5]
(2)
The following additional requirements, to the
extent they do not conflict with other requirements of this chapter,
including those above, shall also apply:
(a)
Retention or detention ponds, which must meet
all other requirements of this chapter, may be approved by the Township
Engineer, provided that such ponds shall be completely enclosed by
fencing at least four feet high with maximum openings of 15 square
inches and not more than two operable openings which are to be kept
locked when not in use. Such fencing is to be screened by planting
when visible from streets or adjacent residential areas.
(b)
In the event that a storm sewer line shall cross
a sanitary sewer line, the storm sewer line shall be above.
(c)
Drainage and stormwater management systems shall be designed to promote aquifer recharge and be in accordance with Part
3 of this chapter, Stormwater Management.
[Amended 4-21-1993 by Ord. No. 1993-4]
A. Wherever a central water supply system services a
development, provision shall be made for fire hydrants along streets
and/or on the walls of nonresidential structures as approved by the
Municipal Engineer and in accordance with Fire Insurance Rating Organization
standards.
B. Where no public water system exists or will be provided,
and where streams or ponds exist or are proposed on lands to be developed,
facilities shall be provided to draft an adequate supply of water
for fire-fighting purposes. These facilities shall include access
to a public street suitable for use by fire-fighting equipment and
construction of or improvements to ponds, dams or similar facilities
on site or off site, where feasible. Such facilities shall be constructed
to the satisfaction of the Township Engineer, Fire Inspector and Fire
Company in accordance with Fire Insurance Rating Organization standards.
C. With respect to the nonresidential development in
the COM Commercial, PCD/PSV Planned Commercial Development/Planned
Senior Village Development and the IND Limited Industrial Districts
and multifamily dwellings in the MFR Multifamily Residential District,
the following shall apply:
[Amended 11-21-2000 by Ord. No. 2000-5]
(1)
Where no streams or ponds exist or are proposed
on lands to be developed, or where existing streams or ponds will
not provide an adequate or dependable source of water for fire-fighting
purposes and no public water system exists or is proposed, provision
shall nevertheless be made for an adequate source of water supply
for fire-fighting purposes to serve the development. Said source may
include water storage tank(s), man-made ponds or reservoirs or other
facilities, as approved by the Township Engineer.
(2)
Access to said source shall be provided as required in §
100-173B above, and all such facilities shall be constructed to the satisfaction of the Township Engineer, Fire Inspector and Fire Company and shall be in accordance with Fire Insurance Rating Organization standards.
(3)
All such multifamily residential and all such
nonresidential developments shall be designed to ensure direct access
to all sides of buildings for fire-fighting equipment. Said access
shall include, but not by way of limitation, dedicated fire lanes,
appropriately striped and signed, along the walls of all buildings,
a paved access drive or stabilized base emergency accessway between
the end walls of buildings and the creation of at least two means
of ingress and egress to all developments, one of which may be an
emergency-only access road.
All applications for development made prior to the effective date of this Part
2 may be continued. Nothing in this Part
2 shall require a change in construction, alteration, remodeling or moving of building or structure under a building permit validly issued prior to such effective date, provided that construction, alteration, remodeling or moving based on such building permit shall have been commenced within 90 days following such effective date. Nothing in this Part
2 shall require a change in the development permitted by any site plan, minor subdivision or preliminary or final major subdivision approval issued prior to such effective date, provided that the development permitted thereunder is implemented within the time periods applicable under such approval and the prior law applicable thereto, and provided further that any change subsequent to such effective date in the use or occupancy of land, building or structure involved in or part of such prior application for development, or any construction, alteration, remodeling or moving of building or structure subsequent to such effective date involved in or part of such prior application for development, shall be subject to the provisions of this Part
2.
All applications for development and all development thereunder shall conform to all applicable provisions of Part
1, Zoning.
Prior to final approval of a subdivision or site plan, as a condition of such approval, the approving authority may require, in accordance with the standards of this Part
2 and the circulation plan and utility service plan adopted as part of the Township Master Plan, that the developer pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefore, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development, it being the intent hereof that the developer be compelled to bear only that portion of the cost of such off-tract improvement which bears a rational nexus to the needs created by and benefits conferred upon the development. Such off-tract improvements shall be required as follows:
A. Improvements to be constructed at the sole expense
of the applicant. In cases where no property other than the property
which is the subject of the subdivision or development will receive
a special benefit thereby, the approving authority may require the
applicant, as a condition of approval, at the applicant's expense,
to provide for and construct such improvement(s) as if such were on-tract
improvements in the manner provided hereafter and as otherwise provided
by law.
B. Other improvements.
(1)
In cases where the need for any off-tract improvements
is necessitated by the proposed development and where the approving
authority determines that the properties outside the property which
is the subject of the subdivision or development will also be benefited
by the improvement, the approving authority shall forthwith forward
to the governing body a list and description of all such improvements
together with its request that the governing body determine and advise
the approving authority of the procedure to be followed in the construction
and installation thereof. The approving authority shall act upon the
development application within the prescribed time period:
(a)
Subject to receipt of the governing body's determination;
or
(b)
Until the expiration of 30 days after the forwarding
of such list and description to the governing body without such determination
having been made, unless the applicant shall consent to additional
time for such determination, in which case within such additional
time.
(2)
The governing body, within 30 days after the
receipt of such list and description, or any additional time consented
to by the applicant, shall determine and advise the approving authority
whether:
(a)
The improvement or improvements are to be constructed
or installed by the Township:
[1]
As a general improvement, the cost of which
is to be borne as general expense, except as hereinafter otherwise
provided as to a contribution thereto by the applicant; or
[2]
As a local improvement, all or part of the cost
of which is to be specially assessed against properties benefited
thereby in proportion to benefits conferred by the improvements in
accordance with law, except as hereinafter otherwise provided as to
a contribution thereto by the applicant.
(b)
The improvement or improvements are to be constructed
or installed by the applicant under a formula for partial reimbursement
as hereinafter set forth.
(3)
If the governing body shall determine that the improvement(s) shall be constructed or installed under Subsection
B(2)(a)[1] hereinabove, the approving authority shall estimate with the aid of the Municipal Engineer or such other persons as have pertinent information or expertise the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development property will be specially benefited thereby, and the applicant shall be liable to the Township for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement(s) in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(4)
If the governing body shall determine that the improvement(s) shall be constructed or installed under Subsection
B(2)(a)[2] hereinabove, the approving authority shall, as provided in Subsection
B(3) hereinabove, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specifically benefited by the improvement, and the applicant shall be liable to the Township therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement(s) and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under said ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(5)
If the governing body shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection
B(2)(b) hereinabove, the approving authority shall in like manner estimate the amount of such excess, and the applicant shall be liable to the Township therefor as well as for the amount of any special assessments against the development property for benefits conferred by the improvement(s). However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the development property for benefits conferred by the improvement(s), such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the governing body shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement(s), and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked "paid" and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.
C. Performance guaranty. The applicant shall be required
to provide, as a condition for final approval of the development application,
a performance guaranty running to the Township based upon a performance
guaranty cost estimate determined as follows:
(1)
If the improvement is to be constructed by the applicant under Subsection
A hereinabove, or under Subsection
B(2)(b) hereinabove, a performance guaranty cost estimate in an amount equal to the estimated cost of improvement, or as to any part of said improvement that is to be acquired or installed by the Township under said Subsection
A, equal to the estimated cost of such acquisition or installation by the Township.
(2)
If the improvement is to be constructed by the Township as a general improvement under Subsection
B(2)(a)[1] hereinabove, a performance guaranty cost estimate equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the development property, will be specially benefited thereby.
(3)
If the improvement is to be constructed by the Township as a local improvement under Subsection
B(2)(a)[2] hereinabove, a performance guaranty cost estimate equal to the amount referred to in the preceding Subsection
C(2) immediately above, plus the estimated amount by which the development property will be specially benefited by the improvement.
D. Refund of deposit where improvements are not authorized within two years. In any case in which an applicant shall deposit money with the Township for the completion of an improvement that is to be constructed pursuant to this Part
2 by the Township, the applicant shall be entitled to a full refund of such deposit of the governing body shall not have enacted an ordinance authorizing the improvement within two years after the date all other development improvements are completed.
E. Deposit of funds. All moneys paid by an applicant
pursuant to this section shall be paid over to the Township Treasurer,
who shall provide a suitable depository therefor. Such funds shall
be used only for the improvements for which they are deposited or
improvements servicing the same purpose.
F. Time for applicant to construct. If the applicant is required to construct or install the off-tract improvement pursuant to this section, the approving authority may establish a reasonable time within which such improvements shall be constructed or installed, and such time period as well as the satisfactory construction or installation of such improvements according to all applicable laws and regulations, including those contained in this Part
2, shall be conditions of any performance guaranty.
G. Redetermination of assessment upon completion of improvement. Upon completion of off-tract improvements required pursuant to this Part
2, the applicant's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that such recalculation shall increase the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith pay the amount of such increase to the Township. To the extent that it shall decrease the amount thereof, the Township shall forthwith refund the amount of such decrease to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the Township assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Municipal Engineer.
H. Standards for determining the proportionate or pro
rata cost. The proportionate or pro rata cost of off-tract improvements
shall be proportioned or pro rated pursuant to this section and the
requirements prescribed by state law and also (with reference to particular
types of improvements described below) as follows:
[Added 9-15-1987 by Ord. No. 1987-8]
(1)
Street widening, alignment, corrections, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elsewhere, the construction of new streets and other similar
street or traffic improvements. The owner's or developer's proportionate
cost shall be in the ratio of the estimated peak-hour traffic generated
by the proposed development to the sum of the present deficiency in
peak-hour traffic capacity of the present facility (which shall not
be a negative number) and the estimated peak-hour traffic generated
by the proposed development. All estimates of peak-hour traffic shall
be projected to the time when the development is anticipated to be
completed. The radio thus calculated shall be increased by 10% to
help defray legal, engineering and other professional and administrative
costs.
(2)
Water distribution facilities shall be as required
by the franchised water supplier.
(3)
Stormwater and drainage improvements, including the installation, relocation or replacement of storm sewers, culverts, bridges, catch basins, detention and retention ponds and the installation, relocation or replacement of other appurtenances associated therewith. The owner's or developer's proportionate cost shall be the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system measured in cubic feet per second to the sum of the deficient existing peak flow in cubic feet per second for the existing system (which shall not be a negative number) and the estimated peak flow as proposed to be delivered. For purposes of calculations, the standards set forth in Chapter
100, Part
3, Stormwater Management, regarding surface or stormwater control shall be used. The ratio thus calculated shall be increased by 10% to help defray legal, engineering and other professional and administrative costs.
(4)
Sanitary sewer facilities shall be as required
by the relevant franchised sewer company, municipal authority or municipal
government operating the sewer system.
[Added 3-3-1981 by Ord. No. 81-4]
The following design standards shall apply with reference to development in the FL Flood Hazard District established by Part
1, Zoning:
A. All subdivision proposals shall be consistent with
the need to minimize flood damage.
B. All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
C. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
D. Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least 50
lots or five acres, whichever is less.