A.
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Clerk of the Planning Board. Applicants for minor subdivision approval shall file three copies of the application for approval and 10 maps of the proposed minor subdivision, and applicants for major subdivision approval or planned development approval shall file three copies of the application for approval, together with 15 maps showing the proposed major subdivision or planned development. At the time of filing the application, the applicant shall also file all plot plans, map or other papers required by virtue of any provisions of Part 3 of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Clerk of the Planning Board. The Clerk of the Board shall inform the applicant of the regular meeting dates of the Board.
[Amended 6-26-1979 by Ord. No. 354-3B-79]
B.
The Planning Board Clerk, upon receipt of any application,
shall stamp the date of submission thereon and shall distribute the
applications for review to the following:
(1)
The Township Zoning Officer.
(2)
The Planning Board planning consultant.
[Amended 6-26-1979 by Ord. No. 354-3B-79]
(3)
The Township Engineer.
(4)
The Township Tax Assessor.
(5)
The Township Environmental Commission.
(6)
The Township Shade Tree Commission.
(7)
The appropriate fire district.
(8)
The Planning Board Engineer.
C.
Within 45 days after submission, the Planning Board, based on the reports received, shall review the submission to determine whether the same is complete on its face and as defined by Part 3 of this chapter. If the application is incomplete, the applicant shall be notified by the Planning Board Clerk. Should the application be deemed complete, the date of such determination shall be stamped on the face of the submission, and the application shall be heard within the time provided in Part 3 of this chapter as measured from the date the application is deemed complete. Revisions must be submitted to the Clerk at least 15 days prior to the open work session. A complete subdivision application shall include all the requirements of § 245-336 for a minor subdivision, § 245-337 for major preliminary plats and § 245-338 for a major final plat and shall be subject to any bonding requirements as may be determined by the Township Engineer.
[Amended 6-26-7199 by Ord. No. 354-3B-79]
Fees for applications or for the rendering of
any service by the Planning Board or any member of its administrative
staffs which are not otherwise provided by ordinance have been adopted
as part of the rules of the Board, and copies of said rules or of
the separate fee schedule shall be available to the public.
The plat shall be drawn in ink on tracing cloth
at a scale of not less than one inch equals 50 feet and in compliance
with all the provisions of N.J.S.A. 46:23-9.9 et seq. The plat shall
show, be accompanied by or comply with the following:
A.
The date, name and location of the subdivision, name
of the owner, graphic scale and reference meridian.
B.
Tract boundary lines, right-of-way lines of streets,
street names, easements, including underground utility easements,
and other rights-of-way, land to be reserved or dedicated to public
use, all lot lines and other site lines with accurate dimensions,
bearings or deflection angles, and radii, arcs and central angles
of all curves. Underground utility easements are required to follow
existing and proposed property lines and to be described in the deeds
to the affected lots in the subdivision.
C.
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved
or dedicated for public use, all lot lines and other site lines, with
accurate dimensions, bearings or deflection angles, and arcs and central
angles of all curves.
D.
The purpose of any easement or land reserved or dedicated
for public use shall be designated, and the proposed use of sites,
other than residential, shall be noted.
E.
Block and lot numbers as approved by the Tax Assessor.
F.
The minimum building setback line on all lot and other
sites.
G.
The location and description of all monuments.
H.
The names of owners of adjoining land, block and lot
numbers.
I.
Certification by a surveyor as to accuracy of details
of plat and the name, address and license number of the surveyor.
J.
Certification that the applicant is the owner of the
land or that the owner has given consent under an option agreement
or is a contract purchaser.
K.
When approval of a plat is required by an officer
or body of such municipality, County or state, approval shall be certified
on the plat.
L.
A certificate from the Tax Collector that all taxes
are paid to date shall be submitted together with the application.
[Amended 6-26-1979 by Ord. No. 354-3B-79]
M.
Proof of title shall be submitted together with the
application.
[Amended 6-26-1979 by Ord. No. 354-3B-79]
N.
The owner of all lands must sign the plat.
O.
The zone district of the property in question shall
be indicated.
P.
The Tax Map sheet number shall be listed.
Q.
The title shall read "Minor Subdivision."
R.
All corporate owners or partnerships representing
more than 10% shall be listed on the plat. Corporate owners shall
be deemed to be all persons or entities owning more than ten-percent
interest, whether stock certificates are in individual possession
or held by fiduciary.
S.
Survey accuracy shall be at least 1:15,000.
T.
Together with the application for development, a statement
by the Township Engineer that he is in receipt of a map showing all
monuments in exact location and identifying those installed and those
to be installed and that the subdivider has complied with one or both
of the following:
[Amended 6-26-1979 by Ord. No. 354-3B-79]
U.
The location of that portion which is to be subdivided
in relation to the entire tract.
V.
Where there is a request for variance accompanying
said minor plat, the applicant shall provide an area map showing lot
area, frontages and setbacks of the area within 200 feet of the subject
property.
[Amended 5-22-1984 by Ord. No. 354-3H-84]
W.
All existing or proposed streets or roads within or
adjoining the subdivision, setting forth the names of said streets
or roads and the right-of-way and pavement widths thereof.
X.
The dimensions and areas of all lots.
Y.
Certification that the property in question has been
surveyed by a licensed land surveyor.
A.
The preliminary plat shall be designed in accordance with the provisions of Article XLII, § 245-206 et seq., hereof, in strict accord with modern and accepted planning techniques and procedures by qualified persons, with the cooperation of the Brick Township Planning Board. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 50 feet by a licensed New Jersey professional engineer.
B.
For initial consideration by the Planning Board prior
to the granting of preliminary approval, the plat shall show or be
accompanied by sufficient information to establish the design arrangement
and dimensions of streets, lots and other planned features as to form,
size and location. This information shall form the basis for the general
terms and conditions upon which preliminary approval may be granted
and shall include:
(1)
Preliminary plat size shall be, 24 inches by 36 inches
or 30 inches by 42 inches. In addition there shall be submitted nine
copies of the preliminary plat which shall be 11 inches by 17 inches.
[Amended 12-12-2000 by Ord. No. 354-3I-00]
(2)
Scales shall be not less than one inch equals 50 feet.
(3)
A key map showing the entire subdivision and its relation
to surrounding areas. The scale shall be not less than one inch equals
400 feet.
(4)
The tract name, tax map sheet, zoning district, block
and lot number, date, reference meridian and graphic scale.
(5)
The name of adjoining owners within 200 feet of the
premises.
(6)
Certification that the applicant is the owner of the
land or his authorized agent, giving names and addresses of both.
(7)
Outbound survey accuracy shall be 1:15,000. If bounded
by tidal water, MHW lines as established by the New Jersey Department
of Environmental Protection using United States Coast and Geodetic
elevations.
(8)
Certification that the applicant or a company in which
the applicant has an interest does not own nor has contracted to purchase
abutting land.
(9)
Print name under all signatures.
(10)
The name, address and signature of the owner
if the subdivider is a contract purchaser.
[Amended 6-26-1979 by Ord. No. 354-3B-79]
(11)
Proof of title.
(12)
The name, address and signature of the subdivider.
[Amended 6-26-1979 by Ord. No. 354-3B-79]
(13)
Locations and ties to bench marks, United States
Coast and Geodetic Survey datum.
(14)
The name and address of the person who prepared
the map.
(15)
A certificate from the Tax Collector that taxes
are paid to date, which certificate shall be submitted together with
the application for development.
[Amended 6-26-1979 by Ord. No. 354-3B-79]
(16)
Earthwork quantities.
(17)
The appropriate zone districts applicable to
all land shown on the plat shall be clearly indicated.
(18)
Names of owners with more than a ten-percent
interest if a corporation or partnership. All corporate owners or
partnerships representing more than 10% shall be listed on the plat.
Corporate owners shall be deemed to be all persons or entities owning
more than ten-percent interest, whether stock certificates are in
individual possession or held by fiduciary.
(19)
Contours at one-foot intervals in order to determine
the general slope and natural drainage of the land at sufficient elevations,
in order to determine the high and low points of all proposed new
streets, and shall include sufficient off-tract topography to evaluate
drainage. Proposed contours shall be shown as solid lines with arrows,
indicating the direction of runoff. The proposed elevation at the
corners of each lot, at the corners of the proposed building, all
swales and finished top course masonry (finished floor) elevation
shall be shown.
(20)
The location of existing and proposed property
lines, streets, buildings within 200 feet, underground utility easements,
watercourses, railroads, bridges, culverts, drainpipes and any natural
features such as wooded areas and rock formations. Underground utility
easements are required to follow existing and proposed property lines
and to be described in the deeds to the affected lots in the subdivision.
[Amended 6-26-1979 by Ord. No. 354-3B-79; 9-23-1980 by Ord. No. 354-1B-80]
(21)
A tree planting schedule for streets.
(22)
Sectionalized development lines.
(23)
Temporary culs-de-sac.
(24)
A copy of a traffic report, as required by Planning
Board rules and regulations, shall be submitted together with the
application.
[Amended 6-26-1979 by Ord. No. 354-3B-79]
(25)
Plans and profiles of all grading, paving, curbs, sidewalks, storm and sanitary sewers and appurtenances, water mains, gas mains, bridges and major tree growths and showing connections to existing or proposed utilities, all meeting the requirements of the Township Engineer. All curve radii shall be shown on streets. Plans for all water supply and sewage disposal systems are to be submitted to the Municipal Utilities Authority and to any other authority having jurisdiction. Evidence of application to the Municipal Utilities Authority of any water or sewage disposal systems shall be complied by a licensed professional engineer of the State of New Jersey. All engineering data must be approved by the Brick Township Municipal Utilities Authority and the New Jersey Department of Environmental Protection. Any subdivision or part thereof which does not meet with the established requirements of Part 3 of this chapter or other applicable regulations shall not be approved.
(26)
Stormwater management system and calculations, as designed in accordance with § 245-369 of this chapter.
[Amended 9-23-1980 by Ord. No. 354-1B-80]
(27)
The map must include certification for signatures
of the Chairman, Secretary, Planning Board and Township Engineer.
(28)
If maps are revised, revision date must be indicated
on the map.
(29)
All sheets shall have signature blocks for the
Chairman and Secretary of the Planning Board and the Planning Board
Engineer and shall bear the name of the subdivision.
[Amended 6-26-1979 by Ord. No. 354-3B-79]
(30)
A copy of any covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
(31)
When the preliminary plat which has been granted preliminary approval forms the basis upon which application for final approval will be made, such plat map and its accompanying engineering plans must be prepared by a licensed professional engineer in compliance with all the provisions of N.J.S.A. 46:23-9.9 et seq., as amended. Any subdivision or part thereof which does not meet with the established requirements of Part 3 of this chapter or other applicable regulations shall not be approved. As the preliminary approval entitles the applicant to construct all land improvement items, the preliminary plans are to be complete in scope and detail, except for lot closures.
(32)
Sufficient borings, soil logs and elevation
of groundwater table to indicate the general physical properties of
the site.
[Amended 6-26-1979 by Ord. No. 354-3B-79]
(33)
The preliminary plat shall indicate the flow
of drainage from the subdivision and shall estimate the maximum volume
of water that would be anticipated at the time of heavy rain and shall
show watercourses, pipes or culverts under roads and other existing
facilities that may be required to handle said water until said water
arrives at a natural brook, stream, river or other water body that
will provide that the water is carried off.
C.
Environmental impact statement.
(1)
Concurrent with the filing of the preliminary plats required by Part 3 of this chapter, the subdivider shall also file five copies of an environmental impact statement, prepared by a licensed professional planner or engineer, which shall:
[Amended 6-26-1979 by Ord. No. 354-3B-79]
(a)
Describe all of the probable effects, including
on-site, on-tract, off-site and off-tract, of the proposed development
upon:
[1]
Natural resources of all kinds, including plant
and wildlife.
[2]
Hydrologic conditions and existing surface and
stormwater drainage patterns.
[3]
Soil erosion and sedimentation with reference to standards established by Chapter 383 of the Code of the Township of Brick.
[4]
Water quality with reference to standards established
by the New Jersey Department of Environmental Protection.
[5]
Air quality with reference to standards established
by the New Jersey Department of Environmental Protection.
[6]
Noise.
[7]
Potable water supply.
[8]
Sanitary sewage disposal.
[9]
Traffic volume and flow.
[10]
Municipal services required to
serve the proposed developments.
[11]
Municipal services required to
serve the health, safety and welfare of the public.
(b)
Discuss alternative proposals for the proposed
development which will reduce or eliminate any adverse on-site or
off-site environmental effects.
(c)
Discuss the steps proposed to be taken before,
during and after the development to minimize any adverse on-site or
off-site or off-tract environmental effects which cannot be avoided.
(2)
The Planning Board shall forward two copies of every
environmental impact statement to the Township Environmental Commission,
which may furnish comments thereon to the Planning Board within 45
days of its receipt thereof.
(3)
Before scheduling a public hearing, the Planning Board
may require revision or supplementation of the preliminary plat and
accompanying plans.
(4)
The Planning Board may select among alternative proposals
in the environmental impact statement and may establish conditions
considered necessary to eliminate or minimize any temporary or permanent
adverse on-site or off-site environmental effects of the proposed
development.
(5)
Threatened and endangered species and habitats.
[Added 7-10-2007 by Ord. No. 25-07]
(a)
Foundation and intent. The purpose of this subsection
is to preserve, protect, and enhance the diversity of plant and animal
communities and their habitats, recognizing the regional and national
significance of these resources.
(b)
Applicability. Applicants for major subdivision
or major site plan approval shall document the occurrence of threatened
and endangered species, and other species uncommon to the coastal
plain on the property to be developed and shall identify critical
habitat areas needed to provide for the survival of any local populations
of these species in the application for development. Threatened and
endangered plants and animals shall be defined as those which:
[1]
Appear on the national list developed by the
Department of the Interior; or
[2]
Appear on the state list developed by the N.J.
Department of Environmental Protection; or
[3]
Are designated in N.J.S.A. 23:2A-4 (the Endangered
and Nongame Species Conservation Act, state list of endangered species).
(c)
Mandatory protection of threatened or endangered
species habitats.
[1]
No development shall be carried out unless it
is designed to avoid irreversible adverse impacts on habitats that
are critical to the survival of any local populations of those threatened
or endangered animals designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-1 et seq.
[2]
All development shall be carried out in a manner
which avoids disturbance to distinct fish and wildlife habitats that
are essential to the continued nesting, resting, breeding and feeding
of significant populations of fish and wildlife in the Township of
Brick.
[3]
If the project site contains threatened or endangered
animals and/or habitats for threatened or endangered animals then
a habitat evaluation shall be performed in accordance with N.J.A.C.
7:7E-3C.3 and shall include plans for habitat preservation and protection.
[4]
No construction, grading or vegetation removal
shall take place in critical habitat areas during breeding or mating
of threatened and endangered species, and protection for the critical
habitat area appropriate to the species shall be provided.
(d)
Submission of certification of nonoccurrence
or habitat evaluation. No major subdivision or major site plan approval
shall be granted until the Planning Board is in receipt of either
a certification of nonoccurrence of threatened and endangered species
on the relevant site, or a complete habitat evaluation including plans
for habitat preservation and protection.
D.
Part 3 of this chapter shall apply to every application filed for preliminary approval for major subdivision when such filing shall be subsequent to the effective date of Part 3 of this chapter. Every subdivider who shall have received a tentative subdivision approval but not a final subdivision approval at the effective date of Part 3 of this chapter shall also comply with the terms of Part 3 of this chapter, notwithstanding any of the language contained herein; provided, however, that the Planning Board, in granting final subdivision, may not affect the terms or conditions of the previously approved preliminary subdivision approval.
The final plat shall be drawn in ink on tracing
cloth or Mylar and in compliance with all the provisions of N.J.S.A.
46:23-9.9 et seq. and prepared by a licensed land surveyor. The final
plat shall show, be accompanied by or comply with the following:
A.
Plat shall be drawn at a scale of one inch equals
10 feet, 20 feet, 30 feet, 40 feet or 50 feet.
B.
The date, name and location of the subdivision, name
of the owner, graphic scale and reference meridian.
C.
Tract boundary lines, right-of-way lines of streets,
street names, easements, including underground utility easements,
and other rights-of-way, land to be reserved or dedicated to public
use, all lot lines and other site lines with accurate dimensions,
bearings or deflection angles, and radii arcs and central angles of
all curves. Underground utility easements are required to follow existing
and proposed property lines and shall be described in the deeds to
the affected lots in the subdivision.
D.
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved
or dedicated for public use, all lot lines and other site lines, with
accurate dimensions, bearings or deflection angles, and arcs and central
angles of all curves.
E.
The purpose of any easement or land reserved or dedicated
for public use shall be designated, and the proposed use of sites,
other than residential, shall be noted.
F.
Block and lot numbers as approved by the Tax Assessor.
G.
Minimum building setback lines and all proposed lot
areas shall be indicated on the plat.
[Amended 9-23-1980 by Ord. No. 354-1B-80]
H.
The location and description of all monuments.
I.
The names of owners of adjoining land, block and lot
numbers.
J.
Certification by a surveyor as to accuracy of details
of plat and the name, address and license number of the surveyor.
K.
Certification that the applicant is agent of or owner
of the land or that the owner has given consent under option agreement
or is a contract purchaser. The owner has certified consent for filing
of the same. If the applicant is not the owner, approval shall be
subject to the title transfer.
L.
When approval of a plat is required by an officer
or body of such municipality, county or state, approval shall be certified
on the plat.
M.
Title shall read "Final Major Subdivision of ______________."
N.
Proof of title (deed).
O.
Plans, profiles and cross sections of all grading,
paving, curbs, sidewalks, storm and sanitary sewers and appurtenances,
water mains, gas mains, street signs, bridges, major tree growths,
shade trees, as built and approved by the Township Engineer, shall
accompany the final plat.
P.
A certificate from Tax Collector that all taxes are
paid to date.
Q.
A statement by the Township Engineer that he is in
receipt of a map showing all utilities in exact location and elevation,
identifying those portions already installed and those to be installed,
and that the subdivider has complied with one or both of the following:
R.
The names and addresses of the principals of a corporation
if ten-percent interest or more. All corporate owners or partnerships
representing more than 10% shall be listed on the plat. Corporate
owners shall be deemed to be all persons or entities owning more than
ten-percent interest, whether stock certificates are in individual
possession or held by fiduciary.
A.
Prior to the granting of final approval of all subdivisions
hereafter submitted to the Planning Board for final approval, the
subdivider shall have installed or shall have furnished performance
guaranties for the ultimate installation of the following:
(1)
Streets.
(2)
Street signs.
(3)
Curbs and gutters.
(4)
Sidewalks.
(5)
Storm sewers and culverts, stormwater management system.
(6)
Topsoil protection.
(7)
Shade trees.
(8)
Monuments.
(9)
Streetlighting.
[Added 2-28-1984 by Ord. No. 354-3F-84]
(10)
Underground utilities installation.
(11)
Lagoons.
(12)
Fire pumping stations.
(13)
Grading.
[Added 10-28-1980 by Ord. No. 354-2P-80]
B.
All of the above-listed improvements shall be subject to inspection and approval by the Township Engineer, who shall have been notified by the developer at least 48 hours prior to the start of construction. No underground installation shall be covered until inspected and approved. Design standards shall be as specified in Part 3 of this chapter or other ordinances and interpreted by the Township Engineer.
C.
All of the improvements listed in Subsection A shall be subject to inspection and approval by the Township Engineer, who shall be notified by the subdivider or developer at least 48 hours prior to the start of construction.
D.
The Engineering Design Standards of the Township of Brick, as provided by Chapter 168 of the Code of the Township of Brick, shall govern the construction and installation of all of the above improvements.
[Amended 10-28-1980 by Ord. No. 354-2P-80]
E.
The subdivider or developer shall pay to the Township,
in addition to the application fee, a reasonable charge for the inspection
by the Township Engineer for the installation of all improvements
required to be installed by said subdivider or developer, exclusive
of the sanitary sewer. Payment of the inspection fees shall be made
in the following manner. As a condition of final approval, the developer
shall deposit with the Treasurer of the Township an amount to be determined
by the Township Engineer sufficient to cover reasonable charge for
inspections. The Township Engineer may, however, from time to time,
designate, at his discretion, the Planning Board Engineer to determine
such amount.
[Amended 6-26-1979 by Ord. No. 354-3B-79; 1-8-1980 by Ord. No. 354-3C-80]
F.
Payments for inspection charges by the Township Engineer
or his agents shall be paid out of this fund upon presentation of
bills by the Township Engineer to the Township Treasurer for such
inspections.
G.
When the subdivision has been completed and all engineering
inspection fees have been paid to the Township Engineer, any remaining
balance in the account shall be returned to the subdivider by resolution
of the Township Council.
[Added 4-14-1981 by Ord. No. 354-3D-81]
It shall be a further condition of final approval
under this Part that the applicant shall be required to file with
the Township Engineer a copy of the final plat, recorded in the Hall
of Records, which shall be printed on reproducible Mylar, together
with a certification by the applicant's engineer that such duplicate
is identical to that on record in the Hall of Records.
