[HISTORY: Adopted by the Township Committee
of the Township of Egg Harbor 9-12-1977 by Ord. No. 17-1977. Amendments
noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 36.
Uniform construction codes — See Ch. 89.
Design, performance and improvement standards — See Ch. 94.
Flood damage prevention — See Ch. 113.
Open Space Fund — See Ch. 161.
Resource excavation — See Ch. 189.
Sewers — See Ch. 191.
Streets and sidewalks — See Ch. 195.
Trees — See Ch. 208.
Water service and connections — See Ch. 217.
Zoning — See Ch. 225.
This chapter shall be known and may be cited
as the "Land Subdivision and Site Plan Ordinance of the Township of
Egg Harbor."
The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision and site
development in the Township of Egg Harbor in order to promote the
public health, safety, convenience and general welfare of the municipality.
It shall be administered to ensure the orderly growth and development,
the conservation, protection and proper use of land and adequate provision
for circulation, utilities and services.
[Amended 7-14-1993 by Ord. No. 30-1993]
B.
In the Pinelands Area, no approval or permit shall be issued unless a development application conforms to the application and review procedures set forth in Chapter 225, Article VIA, of this Code and the development standards set forth in Chapter 225, Article VI, of this Code. All approvals issued by any local approval agency shall be subject to the notice and review provisions of Chapter 225, Article VIA, of this Code.
[Amended 2-23-1983 by Ord. No. 4-1983; 2-24-1993 by Ord. No. 7-1993; 7-14-1993 by Ord. No. 30-1993]
For the purposes of this chapter, the terms used herein are defined as follows. The definitions contained in Article III of Chapter 94 and in § 225-3 of Chapter 225 shall also apply.
The Secretary of the Planning Board.
A developer submitting an application for development.
The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to Chapter 291 of the Laws of New Jersey, 1975; in the Pinelands Area, any application filed with any permitting agency, for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 225-53.1 of Chapter 225.
The Planning Board of the municipality unless a different
agency is designated by ordinance when acting pursuant to the authority
of Chapter 291 of the Laws of New Jersey, 1975.[1]
The Board established by Chapter 225, Zoning, of the Code of the Township of Egg Harbor.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A governmental acquisition of real property or major construction
project.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits.
An application form completed as specified by this chapter
and the rules and regulations of the approving authority and all accompanying
documents required by this chapter for approval of the application
for development in accordance with N.J.S.A. 40:55D-10.3. In the Pinelands
Area of the Township, an application for development approval shall
not be deemed complete until, in the course of minor development,
the applicant has presented evidence that a duplicate of copy of the
application has been filed with the Pinelands Commission or, in the
case of major development, a certificate of filing, as required N.J.A.C.
7:50-4.24, has been submitted.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter 225, Zoning, and upon the issuance of an authorization therefor by the Planning Board.
A composite of the Master Plan for the physical development
of Atlantic County, with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the County Planning
Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The Planning Board of Atlantic County.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation, landfill or the clearing of 5,000 square feet
or more of vegetation for nonagricultural purposes and any use or
change in the use of any building or other structure or land or extension
of use of land, for which permission may be required.
The change or enlargement of any use or disturbance of land,
the performance of any building or mining operation, the division
of land into two or more parcels and the creation or termination of
rights of access or riparian rights, including but not limited to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size or
material change in the external appearance of a structure or land;
A material increase in the use of land, such
as an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction, drilling
or excavation on a parcel of land;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or
fill on a parcel of land;
In connection with the use of land, the making
of any material change in noise levels, thermal conditions or emissions
or waste material; and
Alteration, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance,
Official Map Ordinance or other municipal regulation of the use and
development of land, or amendment thereto.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or prevention
or alleviation of flooding.
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.[2]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of the subdivision, which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer.
The Egg Harbor Township Committee.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so designated pursuant
to law.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter, or under any other law of this state
or of the United States has been denied, violated or infringed by
an action or a failure to act under this chapter.
Includes improvements and fixtures on, above or below the
surface.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter.
Includes all subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the municipality which shall have been
duly adopted by the Planning Board.
Any subdivision containing not more than four lots fronting
on an existing street, in the case of a Township street which has
been accepted for maintenance by resolution of the Township Committee,
not involving any new street, road or the extension of any off-tract
improvements and not involving any lot or portion thereof previously
subdivided within the past three years.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only these buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under Section 7 of Chapter 291 of the
Laws of New Jersey, 1975.[3]
Any security, which may be accepted by a municipality, including
cash, provided that the Township of Egg Harbor shall not require more
than 10% of the total performance guaranty in cash.
The Municipal Planning Board of the Township of Egg Harbor
established pursuant to Chapter 291 of the Laws of New Jersey, 1975.[4]
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices.
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter requiring review and approval of site plans by the Planning
Board adopted pursuant to Article 6 of Chapter 291 of the Laws of
New Jersey, 1975.[5]
Said Committee shall be appointed by the Chairman of the
Planning Board.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
Standards adopted by ordinance pursuant to Subsection 52d,
Chapter 291 of the Laws of New Jersey, 1975,[6] regulating noise levels, glare, earthborne or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and flammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be reasonably required by the municipality
or required by applicable federal or state laws or municipal ordinances.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
For the purpose of this chapter, "streets" shall be classified as
follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
SECONDARY TRAFFIC STREETSStreets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
CONNECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side or properties otherwise abutting on a street.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered "subdivisions"
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order.
Conveyances so as to combine existing lots by
deed or other instrument.
The term "subdivision" shall also include the
term "resubdivision."
A Committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of Chapter 291 of the Laws of New
Jersey, 1975, and such other duties relating to land subdivision which
may be conferred on this Committee by the Board.
A way for carrying pedestrian traffic, and may be located
within the right-of-way provided for a street or may be located adjacent
to a property line, between lots and laid out so that it may provide
pedestrian traffic along a street or road or within a subdivision
connecting two streets.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: N.J.S.A. 58:1-1 et seq. was
repealed by Chapter 262 of the Laws of 1981. For current provisions,
see N.J.S.A. 58:1A-1 et seq. and 58:16A-1 et seq.
[3]
Editor's Note: See N.J.S.A. 40:55D-11 et seq.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: See N.J.S.A. 40:55D-37 et seq.
[6]
Editor's Note: See N.J.S.A. 40:55D-65d.
A.
Sketch plats and preliminary site plans, in order
to be acted upon by the Board at its next regularly scheduled meeting,
shall be filed with the Planning Board Secretary 30 days prior to
the regular meeting of the Planning Board. At the time of application,
the developer shall pay all fees and submit required copies of the
application, maps and other documents as required by this chapter.
Furthermore, any application for development located within the CAFRA
review zone shall be accompanied by a memorandum of record from the
division, all as set forth in the rules and regulations under the
Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq.
[Amended 6-11-1980 by Ord. No. 15-1980]
B.
Classification; minor subdivisions.
(1)
The Planning Board or designated Subdivision Committee
shall classify the application. If classified as a minor subdivision,
the minor subdivision shall be approved or denied within 45 days of
the date of submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Failure of the Planning Board to act within the period
prescribed shall constitute minor subdivision approval, and a certificate
of the administrative officer as to the failure of the Planning Board
to act shall be issued on request of the applicant; and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval herein required and shall be so accepted by the County Recording
Officer for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), the Municipal Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
(3)
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly
describing the approved minor subdivision is filed by the developer
with the County Recording Officer, the Municipal Engineer and the
Municipal Tax Assessor. Any such plat or deed accepted for such filing
shall have been signed by the Chairman and Secretary of the Planning
Board.
(4)
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded as provided in this section.
(5)
Before the Planning Board Secretary returns any approved
sketch plat to the subdivider, the subdivider, at his own expense,
shall have sufficient copies made to furnish one copy to the Township
Clerk.
(6)
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the subdivider for compliance with the procedures in §§ 198-6 and 198-7 of this chapter.[1]
[1]
Editor's Note: Former § 198-7, Improvements
and guaranties required prior to final approval, as amended 10-10-1979
by Ord. No. 28-1979, was repealed 4-10-1996 by Ord. No. 4-1996.
C.
Preliminary site plan.
(1)
The developer shall submit to the Planning Board Secretary
a site plan and such other information as required herein. If an application
for site plan is found to be incomplete, the developer shall be notified
by the Planning Board Secretary within 45 days of the submission of
such application, or it shall be deemed to be properly submitted.
(2)
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon, as in the case of the original
application for development. The Planning Board shall, if the proposed
development complies with the chapter and this Act,[2] grant preliminary site plan approval.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)
Upon the submission to the Planning Board Secretary
of a complete application for a site plan for 10 acres of land or
less, the Planning Board shall grant or deny preliminary approval
within 45 days of the date of submission or within such further time
as may be consented to by the developer. Upon the submission of a
complete application for a site plan of more than 10 acres, the Planning
Board shall grant or deny preliminary approval within 95 days of the
date of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval of the site plan.
A.
At least 10 black-on-white prints of the preliminary plat, together with two completed application forms for preliminary approval, shall be submitted to the Planning Board Secretary 30 days prior to the Planning Board meeting at which consideration is desired. At the time of filing, fees in accordance with § 198-10 of this chapter shall be paid to the Planning Board Secretary to defer administrative and review costs incurred by the Township.
B.
The developer shall submit to the Planning Board Secretary plats and such other information as is required in § 198-13 of this chapter. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes. If found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application, or it shall be deemed to be properly submitted.
C.
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application for
development. The Planning Board shall, if the proposed subdivision
complies with this chapter and this Act,[1] grant preliminary approval to the subdivision.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Upon the submission to the Planning Board Secretary
of a complete application for a subdivision of 10 or fewer lots, the
Planning Board shall grant or deny preliminary approval within 45
days of the date of such submission or within such further time as
may be consented to by the developer. Upon the submission of a complete
application for a subdivision of more than 10 lots, the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval to the subdivision.
E.
Notification.
(1)
The developer shall notify by registered mail or certified
mail, at least 10 days prior to the hearing, all property owners within
200 feet of the extreme limits of the subdivision as their names appear
on the municipal tax record. Furthermore, the developer shall comply
with all provisions of N.J.S.A. 40:55D-12a through g, as applicable.
(2)
Said notice shall state the time and place of hearing,
a brief description of the subdivision and that a copy of said subdivision
has been filed with the Planning Board Secretary for public inspection.
The applicant shall also cause notice of the hearing to be published
in the official newspaper or a newspaper of general circulation in
the municipality at least 10 days prior to the hearing.
F.
Copies of the preliminary plat shall be forwarded
by the Secretary of the Planning Board prior to the hearing to the
following:
G.
If the Planning Board acts favorably on a preliminary
plat, a notation to that effect shall be made on the plat.
H.
Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to this chapter or of a site plan, except as provided in Subsection D of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks; lot size; yard dimension and off-tract improvements;
and, in the case of a site plan, any requirements peculiar to site
plan approval, except that nothing herein shall be construed to prevent
the municipality from modifying by ordinance such general terms and
conditions of preliminary approval as relate to public health and
safety.
(2)
That the applicant shall submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
(3)
That the applicant may apply for and the Planning
Board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that, if the design standards have been revised
by ordinance, such revised standards may govern.
(4)
In the case of a subdivision or of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection H(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
[1]
Editor's Note: Former § 198-7, Improvements
and guaranties required prior to final approval, as amended 10-10-1979
by Ord. No. 28-1979, was repealed 4-10-1996 by Ord. No. 4-1996.
[1]
Editor's Note: Former § 198-8, Recreation,
education and public safety impact fees, as added 9-13-1989 by Ord.
No. 19-1989, was repealed 2-24-1993 by Ord. No. 7-1993.
A.
Time limits.
(1)
The final plat shall be submitted to the Planning
Board Secretary for forwarding to the Planning Board for final approval
within three years from the date of preliminary approval. The Planning
Board shall act upon the final plat within 45 days after the date
of submission for final approval. Failure of the Planning Board to
act within the period prescribed shall constitute final approval,
and a certificate of the administrative officer as to the failure
of the Planning Board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval herein required and shall be so accepted by the
County Recording Officer for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Municipal Planning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
B.
The applicant shall submit one reproducible Mylar
copy, 10 black-on-white prints and two copies of the application form
for final approval to the Secretary of the Planning Board at least
30 days prior to the date of the regular Planning Board meeting. Unless
the preliminary plat is approved without changes, the final plat shall
have incorporated all changes or modifications by the Planning Board.
C.
The final plat shall be accompanied by a statement
by the Township Engineer that he is in receipt of a map showing all
utilities or extensions thereof 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:
D.
Upon final approval, copies of the final plat shall
be filed by the Planning Board with the following:
[Amended 10-10-1979 by Ord. No. 28-1979]
E.
The final plat, after final approval, shall be filed
by the subdivider with the County Recording Officer within 95 days
from the date of such approval. If any final plat is not filed within
this period, the approval shall expire. The Planning Board may, for
good cause, extend the period for recording for an additional period
not to exceed 190 days from the date of signing of the plat.
F.
No plat shall be accepted for filing by the County
Recording Officer unless it has been duly approved by the Planning
Board of the Township of Egg Harbor and signed by the Chairman and
Secretary of the Board.
[Amended 6-11-1980 by Ord. No. 15-1980; 9-9-1981 by Ord. No. 25-1981; 4-13-1983 by Ord. No. 10-1983; 4-25-1984 by Ord. No. 11-1984; 3-13-1985 by Ord. No. 12-1985; 9-14-1988 by Ord. No. 34-1988; 9-9-1992 by Ord. No. 42-1992; 5-28-1997 by Ord. No. 19-1997; 10-22-1997 by Ord. No.
46-1997; 11-24-1998 by Ord. No. 37-1998; 10-9-2002 by Ord. No. 60-2002; 5-5-2021 by Ord. No. 21-2021; 5-3-2023 by Ord. No. 12-2023]
A.
Administrative and escrow fees for certain development
application(s):
|
Category
|
Application Fees
|
Escrow Fees
| ||||
|---|---|---|---|---|---|---|
|
(1)
|
Subdivision(s)
| |||||
|
(a)
|
Minor
|
$115 per lot
|
$3,000
| |||
|
(b)
|
Preliminary
|
$400, plus $30 per lot
|
$8,500 (25 lots or fewer); $12,000 (26 to 100
lots); $15,000 (101 to 500 lots); $20,000 (over 501 lots)
| |||
|
(c)
|
Final
|
$400, plus $30 per lot
|
$5,000
| |||
|
(d)
|
Administrative review
|
$500
|
$2,500
| |||
|
(e)
|
Administrative Tax Map fee with land development
application
| |||||
|
[1]
|
Subdivision
|
$115 per lot
| ||||
|
[2]
|
Consolidation
|
$115 per lot
| ||||
|
(2)
|
Site plan(s)
| |||||
|
(a)
|
Minor
| |||||
|
Under 5,000 square feet retail/commercial and
under 25 parking spaces
|
$850
|
$4,500
| ||||
|
Under 10,000 square feet warehouse and under
25 parking spaces
|
$850
|
$4,500
| ||||
|
(b)
|
Preliminary major
| |||||
|
Under 5,000 square feet GFA
|
$600
|
$4,500
| ||||
|
From 5,001 to 10,000 GFA
|
$700
|
$5,000
| ||||
|
From 10,001 to 50,000 GFA
|
$900
|
$5,000
| ||||
|
From 50,001 to 100,000 GFA
|
$1,000
|
$7,500
| ||||
|
From 100,001 GFA or greater
|
$1,500
|
$10,000
| ||||
|
(c)
|
Final major
|
$500
|
$2,500
| |||
|
(d)
|
Administrative review
|
$500
|
$2,500
| |||
|
(3)
|
Site plan (residential)
| |||||
|
(a)
|
Preliminary major
| |||||
|
Up to 30 units
|
$500, plus $25 per unit
|
$5,500
| ||||
|
31 to 100 units
|
$1,000, plus $25 per unit
|
$7,500
| ||||
|
101 to 200 units
|
$1,500, plus $25 per unit
|
$10,000
| ||||
|
201 units or greater
|
$2,000, plus $25 per unit
|
$12,000
| ||||
|
(b)
|
Final
|
50% of preliminary application fee
|
50% of preliminary application fee
| |||
|
(c)
|
Administrative review
|
$500
|
$2,500
| |||
|
(4)
|
Variances
| |||||
|
(a)
|
Appeal and interpretation
|
$350
|
$1,500
| |||
|
(b)
|
Conditional use
|
$350
|
$1,500
| |||
|
(c)
|
Hardship "C" variance
|
$350, plus $100 per each additional hardship
variance
|
$1,500
| |||
|
(d)
|
"D" variance
|
$450
|
$2,000
| |||
|
(e)
|
Certificate of nonconformity
|
$350
|
$1,500
| |||
|
(5)
|
Miscellaneous – general development
| |||||
|
(a)
|
Special meeting(s)
|
$1,000
|
$2,000
| |||
|
(b)
|
Soil borings
|
$50
|
$150 first boring, plus $100 for each additional
boring
| |||
|
(c)
|
Request for extension
|
$150
|
$850
| |||
|
(d)
|
Certified property list
|
$0.25 per name or $10
| ||||
|
(e)
|
Transcription
|
100% of actual cost
| ||||
|
(f)
|
Certificate of nonconformity – Land Use
Administration
|
$250
| ||||
|
(g)
|
Minor or major amendments:
| |||||
|
Site plan/subdivision
|
50% of original fee
|
50% of original fee
| ||||
|
(h)
|
Request for reapproval:
| |||||
|
Minor subdivision
|
50% of original fee
|
50% of original fee
| ||||
|
(i)
|
Conceptual discussion
|
$500
|
$3,000
| |||
B.
Application of escrow fees.
(1)
The application fees and escrow fees recited hereinabove
are minimum(s), which must accompany the application. An application
shall not proceed until the application fee and escrow fee required
have been paid. The Land Use Administrator shall exercise her/his
discretion in establishing the figure required for the escrow fund,
in the event the project will require more time for review than has
been provided for by the figures recited hereinabove, or the project
of a nature that is not expressly included in one of the aforementioned
categories.
(2)
Application fees and escrow must be submitted in separate
checks both payable to Egg Harbor Township. The escrow fee shall be
forwarded by the Land Use Administrator to the Chief Financial Officer
of Egg Harbor Township for deposit into a developer's escrow account.
The application fee shall be deposited into the general account of
Egg Harbor Township.
(3)
Funds shall be applied to professional costs charged
to the Township by professional consultants (planner, engineer, attorney,
and any other consultant or specialist retained by the Board) for
services or review regarding the development application. Additional
funds may be required when the original amount is depleted by 50%
and the development application is still in progress. The amount of
additional funds needed shall be determined by the Land Use Administrator.
(4)
All escrow amounts not actually used shall be refunded
pursuant to those requirements listed within N.J.S.A. 40:55D-53.2(d).
(5)
Application fees may be refunded but for only those
application(s) initially submitted and thereafter immediately withdrawn.
The amount to be refunded is a consideration of the Board only based
upon the review and processing of the paperwork through the Board's
office and at the recommendation of the Land Use Administrator.
C.
Exemption from the payment of any fee charged in connection
with any application for development which promotes accessibility
by a disabled person to their own living unit. In accordance with
N.J.S.A. 40:55D-8(e), a disabled person, or a parent or sibling of
a disabled person, shall be exempt from the payment of any fee charged
in connection with any application for development which promotes
accessibility to her/his own living unit.
A.
The Planning Board, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review if the literal enforcement of
one or more provisions of this chapter is impracticable or will exact
undue hardship because of peculiar conditions pertaining to the land
in question.
B.
The Planning Board when acting upon applications for
preliminary site plan approval shall have the power to grant such
exceptions from the requirements for site plan approval as may be
reasonable and within the general purpose and intent of the provisions
for site plan review if the literal enforcement of one or more provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
[Amended 2-14-1979 by Ord. No. 2-1979; 6-11-1980 by Ord. No.
15-1980; 7-22-1981 by Ord. No. 15-1981; 11-9-1988 by Ord. No.
39-1988; 11-18-1992 by Ord. No. 51-1992; 2-24-1993 by Ord. No.
8-1993; 7-14-1993 by Ord. No. 30-1993; 10-11-2006 by Ord. No.
58-2006[1]]
A.
The following checklist is designed to assist applicants in preparing plans for Planning Board/Zoning Board of Adjustment review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Board. The subdivision/sketch plan shall show the following information and be drawn according to all relevant standards set forth in § 198-12 and Chapter 225 of the Township Code:
(1)
Submittal materials:
(a)
Six copies of the plans shall be submitted on
one of the following sheet sizes: 24 inches by 36 inches or 30 inches
by 42 inches. If one sheet is not sufficient to contain the entire
territory, the map may be divided into sections and shown on separate
sheets of equal size, with reference on each sheet as to the location
of all adjoining sheets.
(b)
Fifteen copies of half-scale plans (11 inches
by 17 inches) shall be submitted.
(c)
A copy of the site plans must be submitted in
digital format. The digital files shall be compatible with AutoCAD
or submitted in dxF format. All digital media should be on CD-ROM
Media.
(2)
The plan shall be drawn or reproduced at a scale of
not less than one inch equals 50 feet.
(3)
Key map showing the entire parcel and its relation
to surrounding areas within 2,000 feet. Such map shall show all existing
land uses within 200 feet.
[Amended 5-26-2010 by Ord. No. 14-2010]
(4)
The tract name, Tax Map sheet, block and lot numbers,
zoning district and zoning requirements, North arrow, scale, date
of preparation and all revisions.
(5)
Existing topography at one-foot intervals within the
subject property and extending 100 feet from the property lines.
(6)
Name and address of owner and subdivider and owners
of land within 200 feet of the outer boundary of the site as certified
by the Tax Assessor and dated when the list was produced.
(7)
Name, address and signature of person preparing the
plan. The plan shall be prepared, signed and sealed by a licensed
N.J. land surveyor, engineer, planner or architect as required by
state regulation.
(9)
A certified survey of the property prepared by a New
Jersey land surveyor with bearings and distances provided for all
property lines. The survey shall be provided with datums in NAD 83
and NGVD 88 for horizontal and vertical datums, respectively.
(10)
Acreage of tract to be subdivided to nearest
one tenth of an acre and the proposed number of lots including area
and dimensions of each proposed lot.
(11)
Locations of all existing and proposed structures
showing existing and proposed front, rear and side yard setback distances,
and an indication of whether the existing structures and uses will
retained or removed.
(12)
The names, locations and dimensions (cartway
and right-of-way widths) of all streets.
(13)
Sight triangles, the radii of curbline and street
sign locations shall be clearly indicated at all intersections.
(14)
Site characteristics maps showing the location
of existing and proposed property lines, streets, street names, buildings,
watercourses, railroads, bridges, culverts, easements, right-of-ways,
and any features, such as wooded areas, streams or wetlands. All significant
trees 15 inches dBh or larger and all historically, culturally and/or
archaeologically, significant structures or resources shall be shown.
(15)
The location of all wetland areas and required
wetland transition areas of buffers within the proposed development
as required pursuant to the New Jersey Freshwater Wetlands Protection
Act[2] or the Comprehensive Management Plan, and a letter from
either the NJDEP or the Pinelands Commission indicating that the proposed
subdivision does not require wetlands delineation.
[2]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(16)
A copy of any existing and/or proposed protective
covenants or deed restrictions applying to the land being subdivided
shall be submitted with the plan, if applicable.
(18)
When on-site septic systems are proposed in areas under CAFRA jurisdiction, soil borings, permeability test results, and the approximate location of the intended septic disposal field in accordance with § 94-24P of the Township Code.
(19)
Proposed connections to existing water supply
and sanitary sewer systems, or alternative means of providing these
services notes.
(20)
Areas in which construction is precluded due
to the presence of stream corridors and/or steep slopes.
(21)
Location of temporary stakes to enable the Planning
Board to find and appraise features of the sketch plat or minor subdivision
in the field.
(22)
Location of existing wells and septic systems.
(23)
Location of all monuments, corners, and other
points established in the field, whether set or to be set. The material
of which the monuments, corners or other points are made shall be
noted at the representation thereof or by legend. The legend for metal
monuments shall indicate the kind of metal, the diameter, length and
weight per lineal foot of the monuments.
(24)
The purpose of any proposed easement of land
reserved or dedicated to public or common use shall be designated
and the proposed use of site other than residential shall be noted.
(25)
The plan/project shall be designed in compliance
with the subdivision and zoning ordinances of the Township and other
applicable standards of the state, county and local agencies.
(26)
All applicable fees must be paid with the submission.
(27)
No application will be deemed complete until
all taxes and sewer assessments are paid up-to-date.
(29)
The maps for submission must be folded and have
the title block clearly visible.
B.
One or more of the above informational items may not
be applicable in all cases. The person preparing the plan should indicate
in writing on the plan those items not applicable. Items 25, 26 and
27 are applicable in all cases and cannot be waived.
[1]
Editor’s Note: Ordinance No. 50-2006,
adopted 10-25-2006, also revised this section, but was not codified
at the request of the Township because the revisions adopted by Ord.
No. 50-2006 are included in Ord. No. 58-2006.
[Amended 2-23-1983 by Ord. No. 4-1983; 11-18-1992 by Ord. No. 51-1992; 2-24-1993 by Ord. No. 8-1993; 7-14-1993 by Ord. No. 30-1993; 10-11-2006 by Ord. No. 58-2006[1]]
A.
The following checklist is designed to assist applicants in preparing plans for Planning Board/Zoning Board of Adjustment review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Board. The subdivision plan shall show the following information and be drawn according to all relevant standards set forth in § 198-13 and Chapter 225 of the Township Code:
(1)
Submittal materials:
(a)
Six copies of the plans shall be submitted on
one of the following sheet sizes: 24 inches by 36 inches or 30 inches
by 42 inches. If one sheet is not sufficient to contain the entire
territory, the map may be divided into sections and shown on separate
sheets of equal size, with reference on each sheet as to the location
of all adjoining sheets.
(b)
Fifteen copies of half-scale plans (11 inches
by 17 inches) shall be submitted.
(c)
A copy of the site plans must be submitted in
digital format. The digital files shall be compatible with AutoCAD
or submitted in dxF format. All digital media should be on CD-ROM
Media.
(2)
The plan shall be drawn or reproduced at a scale of
not less than one inch equals 50 feet.
(3)
Key map showing the entire parcel and its relation
to surrounding areas within 2,000 feet. Such map shall show all existing
land uses within 200 feet.
[Amended 5-26-2010 by Ord. No. 14-2010]
(4)
The tract name, Tax Map sheet, block and lot numbers,
and zoning district and zoning requirements.
(5)
North arrow, graphic scale, date of preparation and
all revisions contained on each sheet.
(6)
The name and address of owner and subdivider; the
names and addresses of land owners within 200 feet of the outer boundary
of lands to be subdivided as disclosed by the most recent municipal
tax records and certified by the Tax Assessor. This information shall
be included on the plans and shall include the date in which the list
was produced.
(7)
Name, address and signature of person preparing the
plan. The plan shall be prepared, signed and sealed by a licensed
N.J. land surveyor, engineer, planner or architect as required by
state regulation.
(9)
A certified survey of the property prepared by a New
Jersey land surveyor with bearings and distances provided for all
property lines. The survey shall be provided with datums in NAD 83
and NGVD 88 for horizontal and vertical datums, respectively.
(10)
Acreage of tract to be subdivided to nearest
one tenth of an acre and the proposed number of lots including area
and dimensions of each proposed lot.
(11)
Existing and proposed elevations and contours,
at one-foot intervals, to determine the natural drainage of land within
the subject property and extending 100 feet from the property lines.
(12)
Locations of all existing and proposed structures
showing existing and proposed front, rear and side yard setback distances,
and an indication of whether the existing structures and uses will
retained or removed.
(13)
The names, locations and dimensions (cartway
and right-of-way widths) of all streets, both existing and proposed,
within a distance of 500 feet from the boundaries of the subdivision,
showing any connections from the proposed streets to existing streets
and to those proposed arterial and collector streets as shown on the
Master Plan or Official Map, as adopted.
(14)
Plans, typical cross sections, center-line profiles,
grades and details of all proposed streets and of the existing streets
abutting the development based on the NGVD 1988 vertical datum, including
curbing, sidewalks, storm drains and drainage structures.
(15)
Sight triangles, the radii of curbline and street
sign locations shall be clearly indicated at all intersections.
(16)
Plans and profiles of existing streets and proposed
future street extensions must be shown within a minimum distance of
200 feet beyond the subdivision boundaries.
(17)
Site characteristics maps showing the location
of existing and proposed property lines, streets, street names, buildings
watercourses, railroads, bridges, culverts, easements, right-of-ways
and any natural features, such as wooded areas, streams or wetlands.
All significant individual trees (over 15 inches diameter at breast
height) and historically, culturally and archaeologically significant
structures or resources shall be shown.
(18)
The location of all wetland areas and required
wetland transition areas of buffers within the proposed development
as required pursuant to the New Jersey Freshwater Wetlands Protection
Act[2] or the Comprehensive Management Plan, and a letter from
either the NJDEP or the Pinelands Commission indicating that the proposed
subdivision does not require wetlands delineation.
[2]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(19)
Proposed first floor elevations of all structures.
(20)
A copy of any existing and/or proposed protective
covenants or deed restrictions applying to the land being subdivided
shall be submitted with the plan, if applicable.
(21)
A stormwater management plan, calculations and
information pursuant to NJDEP stormwater regulations. This plan shall
include the following:
(a)
Topographic base map.
(b)
Environmental site analysis.
(c)
Project description and site plan.
(e)
Stormwater management facilities map.
(f)
Calculations for groundwater recharge and stormwater
runoff rate, volume and quantity in accordance with N.J.A.C. 7:8.
(g)
Inspection, maintenance and repair plan.
(h)
Waiver from submission requirements, if applicable.
(i)
NJDEP low-impact development checklist.
(22)
A sewer and water report containing an explanation
of plans to tie into existing sewer and water facilities, including
the status of efforts to have tie-ins approved by the appropriate
authorities. Based on the capacities of existing sewer and water systems,
the applicant shall, if pertinent, describe what improvements shall
be implemented to meet the anticipated demands.
(23)
When on-site septic systems are proposed in areas under CAFRA jurisdiction, soil borings, permeability test results and approximate location of the intended septic disposal field in accordance with § 94-24P of the Township Code.
(24)
A traffic report containing calculations of
the number of motor vehicles expected to enter or leave the site for
an average peak hour and an evaluation of the ability of the internal
circulation system plan and the external access roadways, including
the two nearest intersections on collector roadways, to handle this
anticipated traffic, made by a qualified traffic engineer (for developments
of 25 or more dwelling units).
(25)
Sketch of perspective future street systems
of the entire tract where the preliminary plat covers only a portion
thereof.
(26)
An open space/recreation plan showing all areas
designed for open space/recreation, their proposed use, the organization
intended to maintain such spaces and the relation of the proposed
facilities with existing Township facilities.
(27)
A fiscal impact report indicating the impact
of the project on Township services, the cash flow of the project,
and an indication of pro rata share of necessary improvements (for
developments of 25 or more dwelling units).
(28)
A modification report, if applicable, showing
the modifications of Township standards requested, along with supporting
documentation.
(29)
A preliminary utilities plan at the same scale
of the site plan showing:
(a)
The location of existing utility structures
such as water and sewer mains, gas transmission lines and high-tension
power lines on the subdivision and within 200 feet of its boundaries.
(b)
Plans of proposed improvements and utility layouts,
including sewer, water and storm drains, showing all proposed connections
to existing systems. If service will be provided by an existing utility
company, a letter from that company stating that service will be available
before occupancy will be sufficient. When individual on-lot water
or sewage disposal is proposed, the plan for such system shall be
approved by the appropriate Township, county, and state agencies,
and the result of percolation tests shall be submitted with the preliminary
plan under conditions designated by the Township and the County Board
of Health, and/or the Pinelands Commission. Where applicable, the
utility company letter must indicate that wet hookups will be available
for each subdivided lot. If private utilities are proposed, they shall
comply fully with all Township, county, and state regulations.
(30)
In the case of a planned and/or cluster development,
the application for preliminary approval shall contain, in addition
to the items specified above, the following:
(a)
A common open space map at a scale the same
as the site plan showing all areas of the site to be designated as
common open space and the designation of each area according to its
proposed use, and the type, size, general location of planting or
other screening techniques to be used in designated buffer areas.
The map shall also denote the size of each designated area in acres
and the total common open space area in acres as a percentage of the
site, in conformance with applicable ordinances.
(31)
A photograph of the premises in question from
the opposite side of street.
(32)
Areas in which construction is prohibited due
to the presence of stream corridors and/or steep slopes.
(33)
All areas to be disturbed by grading or construction.
(34)
Location of existing and proposed wells and
septic systems.
(35)
Location of all monuments, corners and other
points established in the field, whether set or to be set. The material
of which the monuments, corners of other points are made shall be
noted at the representation thereof or by legend. The legend for metal
monuments shall indicate the kind of metal, the diameter, length and
weight per lineal foot of the monuments.
(36)
Natural resource inventory information including:
(a)
Soil types as shown on the current Soil Conservation
Soil Survey Maps.
(b)
Soil depth to restrictive layers of soil.
(c)
Soil depth to bedrock.
(d)
Permeability of the soil by layers.
(e)
Height of soil water table and type of water
table.
(f)
Floodplain soil (status).
(g)
Limitation for foundations.
(h)
Limitation for septic tank absorption field
(only where septic tank is proposed for use).
(i)
Limitation for local roads and streets.
(j)
Agricultural capacity classifications.
(k)
Erosion hazard.
(37)
Landscaping plan including the types, quantity,
size and location of all proposed vegetation. The scientific and common
names of all vegetation shall be included. Proposed sight easement
shall also be shown on this plan.
(38)
Soil erosion/sediment control plan which complies
with Soil Conservation Service requirements.
(39)
The purpose of any proposed easement of land
reserved or dedicated to public or common use shall be designated
and the proposed use of sites other than for residential purposes
shall be noted.
(40)
The plan/project shall be designated in compliance
with the Land Subdivision and Zoning Ordinance of the Township and
other applicable standards of the state, county and local agencies.
(41)
All applicable fees must be paid with submission.
(42)
No application will be deemed complete until
all taxes and sewer assessments are paid up-to-date.
(44)
The maps for submission must be folded and have
title block clearly visible.
B.
One or more of the above informational items may not
be applicable in all cases. The person preparing the plan should indicate
in writing on the plan those items not applicable. Items 40, 41 and
42 are applicable in all cases and cannot be waived.
[1]
Editor’s Note: Ordinance No. 50-2006,
adopted 10-25-2006, also revised this section, but was not codified
at the request of the Township because the revisions adopted by Ord.
No. 50-2006 are included in Ord. No. 58-2006.
[Amended 11-18-1992 by Ord. No. 51-1992; 2-24-1993 by Ord. No. 8-1993; 7-14-1993 by Ord. No. 30-1993; 10-11-2006 by Ord. No. 58-2006[1]]
A.
The following checklist is designed to assist applicants in preparing plans for Planning Board/Zoning Board of Adjustment review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Board. The site plan shall show the following information and be drawn according to all relevant standards set forth in Chapter 198 and Chapter 225 of the Township Code:
(1)
Submittal materials:
(a)
Six copies of the plans shall be submitted on
one of the following sheet sizes: 24 inches by 36 inches or 30 inches
by 42 inches. If one sheet is not sufficient to contain the entire
territory, the map may be divided into sections and shown on separate
sheets of equal size, with reference on each sheet as to the location
of all adjoining sheets.
(b)
Fifteen copies of half-scale plans (11 inches
by 17 inches) shall be submitted.
(c)
A copy of the site plans must be submitted in
digital format. The digital files shall be compatible with AutoCAD
or submitted in dxF format. All digital media should be on CD-ROM
Media.
(2)
The plan shall be drawn in ink on tracing cloth or
reproducible Mylar at a scale of not less than one inch equals 50
feet and in compliance with all applicable provisions of Chapter 358
of the Laws of 1953 and N.J.S.A. 46:23-9.8.
(3)
Key map showing the entire parcel and its relation
to surrounding areas within 2,000 feet. Such map shall show all existing
land uses within 200 feet.
[Amended 5-26-2010 by Ord. No. 14-2010]
(4)
The tract name, Tax Map sheet, block and lot numbers,
and zoning district and zoning requirements.
(5)
North arrow, graphic scale, date of preparation and
all revisions contained on each sheet.
(6)
The name and address of owner and subdivider; the
names and addresses of land owners within 200 feet of the outer boundary
of lands to be subdivided as disclosed by the most recent municipal
tax records and certified by the Tax Assessor. This information shall
be included on the plans and shall include the date in which the list
was produced.
(7)
Name, address and signature of person preparing the
plan. The plan shall be prepared, signed and sealed by a licensed
N.J. land surveyor, as required by state regulation.
(9)
A certified survey of the property prepared by a New
Jersey land surveyor with bearings and distances provided for all
property lines. The survey shall be provided with datums in NAD 83
and NGVD 88 for horizontal and vertical datums, respectively.
(10)
Certification that the applicant is the agent
or owner of the land or that the owner has given consent under an
option agreement.
(11)
When approval of a plat is required by any officer
or body of the municipality, county or state, approval shall be certified
on the plat.
(12)
Locations of all existing structures showing
existing and proposed front, rear and side yard setback distances,
and an indication of whether the existing structures and uses will
be retained or removed.
(13)
Plans and profiles of all streams, ditches and
watercourses.
(14)
Plans and profiles accurately drawn to a scale
of not less than one inch equals 50 feet showing proposed construction
of off-site improvements and grading of lots complete in every detail.
(15)
Copies of all other data not included in the
submission of the preliminary plat necessary to completely and accurately
delineate and describe the construction of off-site improvements.
(16)
Plans and profiles of improvements and utility
layouts, including sewer, water and storm drains, showing all proposed
connections to existing systems as approved by the Township Engineer.
(17)
Location of all monuments, corners and other
points established in the field, whether set or to be set. The material
of which the monuments, corners or other points are made shall be
noted at the representation thereof or by legend. The legend for metal
monuments shall indicate the type of metal, the diameter, length and
weight per lineal foot of the monuments.
(18)
Executed and acknowledged easements to the appropriate
governmental entity for all off-site utilities required, together
with a certificate of title thereto made to the appropriate entity
by a qualified New Jersey attorney or reputable title company.
(19)
All required utility easements shall be shown.
The purpose of each easement and the entity to be responsible for
its maintenance shall also be noted on the plans.
(20)
A performance guaranty sufficient in the amount to cover the cost of all improvements shall be posted as outlined in § 198-19.
(21)
All applicable fees must be paid with the submission.
(22)
No application will be deemed complete until
all taxes and sewer assessments are paid up-to-date.
(23)
The maps for submission must be folded into
eighths and have title block clearly visible.
(24)
In the Pinelands Area, no application shall be deemed complete until a certificate of filing or no-interest letter from the Pinelands Commission, and evidence of redemption of any required Pineland Development Credits or other evidence from Pinelands Commission review in accordance with Chapter 225, Article VIA, of this Code is submitted by the applicant.
[1]
Editor’s Note: Ordinance No. 50-2006,
adopted 10-25-2006, also revised this section, but was not codified
at the request of the Township because the revisions adopted by Ord.
No. 50-2006 are included in Ord. No. 58-2006.
Except as hereinafter provided, no building
permit shall be issued for a building or change of use or enlargement
of any building or use unless a site plan is first submitted and approved
by the Planning Board, and no certificate of occupancy shall be given
unless all construction conforms to the approved plan. Site plan approval
shall not be required for single-family dwellings, two-family dwellings,
farms or for such accessory uses as private garages, toolhouses, private
greenhouses and barns, but this section shall not limit the requirements
for submission of subdivision plans for subdivision approval as otherwise
provided in this chapter.
A.
Site plan classification. A site plan shall be classified
by the Site Plan Committee of the Planning Board as a minor or major
site plan as defined hereafter. Notwithstanding the above, the following
classes of development application shall be filed, reviewed and acted
upon as set forth hereinafter:
[Amended 9-10-1980 by Ord. No. 28-1980]
(1)
Site plan exemptions. No site plan application shall
be required prior to issuance of a building permit or certificate
of occupancy for one of the following.
(2)
Administrative review procedures.
[Amended 7-22-1981 by Ord. No. 15-1981; 5-23-1984 by Ord. No. 16-1984; 9-23-1987 by Ord. No. 42-1987; 6-13-1990 by Ord. No. 14-1990]
(a)
Applicants requesting administrative review
for minor revisions and/or additions to a site plan shall be required
to submit a site plan application. This application shall be limited
to the changes proposed and shall provide sufficient information to
fully describe the changes proposed. No more than two administrative
reviews shall be granted per applicant, provided that the Township
Planner or Engineer determine that the cumulative effect of the changes
does not significantly alter the plan as originally approved. The
Township Engineer and Planner shall determine if an administrative
remedy is appropriate for each particular case and shall be empowered
to grant approval in lieu of Planning Board or Zoning Board of Adjustment
action, if the application is one of the following and does not require
a variance:
[1]
Building addition to nonresidential use of 1,000
square feet or 15% of total existing floor area, whichever is less.
[2]
Exterior lighting.
[3]
Signs.
[4]
Change in parking of 10 spaces or 10% of the
existing parking area, whichever is less.
[5]
Underground fuel tanks for personal use of site
occupants only; not for the wholesale/retail sale of fuel.
[7]
Other changes to the site plan or project which
the Township Engineer or Planner deem sufficiently minor in nature
so as not to require review by the Planning Board or Zoning Board
of Adjustment.
[8]
A change in use, provided that the desired use is permitted in the subject zone, and further provided that any effects of the change are consistent with Subsection A(2)(a)[1] through [7].
(b)
If the Township Engineer and/or Planner determine
that the proposed addition(s) or revision(s) do not meet the criteria
set forth by this chapter or that such revision and addition is not
minor in nature or that such change will significantly alter the plan
as originally approved, the applicant shall be directed to proceed
with site plan application to the Planning Board/Zoning Board of Adjustment.
(c)
The Zoning Officer may authorize the Construction
Official to issue permits for an administratively approved application,
but only after the Township Engineer and Planner have submitted written
approval to the minor revision(s) or addition(s). An application for
a building permit not classified as either exempt or eligible for
administrative review shall require a site plan application.
B.
A minor site plan shall be as specified hereunder, and an applicant may prepare a minor site plan application drawn according to the standards and conditions specified in Subsection C if the proposed building, the conversion of the existing building from one use to another or the enlargement of an existing building or any combination of the same does not exceed 5,000 square feet for retail commercial uses; exceed 10,000 square feet for industrial uses nor required more than 25 new parking spaces as prescribed by this chapter. All residential development requiring site plan approval shall comply with the major site plan submission requirements. All other site plans shall be major site plans and shall be drawn according to the standards and conditions specified in Subsection D.
C.
Minor site plan checklist. The following checklist is designed to assist applicants in preparing plans for Planning Board/Zoning Board of Adjustment review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Board. The site plan shall show the following information and be drawn according to all relevant standards set forth in § 198-15C and Chapter 225 of the Township Code:
[Amended 11-18-1992 by Ord. No. 51-1992; 2-24-1993 by Ord. No. 8-1993; 7-14-1993 by Ord. No. 30-1993; 10-11-2006 by Ord. No. 58-2006[1]]
(1)
Submittal materials:
(a)
Six copies of the plans shall be submitted on
one of the following sheet sizes: 24 inches by 36 inches or 30 inches
by 42 inches. If one sheet is not sufficient to contain the entire
territory, the map may be divided into sections and shown on separate
sheets of equal size, with reference on each sheet as to the location
of all adjoining sheets.
(b)
Fifteen copies of half-scale plans (11 inches
by 17 inches) shall be submitted.
(c)
A copy of the site plans must be submitted in
digital format. The digital files shall be compatible with AutoCAD
or submitted in dxF format. All digital media should be on CD-ROM
Media.
(2)
The plan shall be drawn or reproduced at a scale of
not less than one inch equals 50 feet.
(3)
Key map showing the entire parcel and its relation
to surrounding areas within 2,000 feet. Such map shall show all existing
land uses within 200 feet.
[Amended 5-26-2010 by Ord. No. 14-2010]
(4)
The zoning district and zoning requirements.
(5)
North arrow and graphic scale contained on each sheet.
(6)
Name and address of owner and applicant and owners
of land within 200 feet of the outer boundary of the site as certified
by the Tax Assessor. This information shall be included on the plans
and shall include the date in which the list was produced.
(7)
Name, address and signature of person preparing the
plan. The plan shall be prepared, signed and sealed by a licensed
N.J. land surveyor, engineer, planner or architect as required by
state regulation.
(9)
A certified survey of the property prepared by a New
Jersey land surveyor with bearings and distances provided for all
property lines. The survey shall be provided with datums in NAD 83
and NGVD 88 for horizontal and vertical datums, respectively.
(10)
Existing and proposed elevations and contours,
at one-foot intervals, to determine the natural drainage of land within
the subject property and extending 100 feet from the property lines.
(11)
Locations of all existing structures showing
existing and proposed front, rear and side yard setback distances,
and an indication of whether the existing structures and uses will
be retained or removed.
(12)
All proposed means of vehicular access and egress
to and from the site onto public streets and the location of existing
driveways on adjacent land if closer than 75 feet. Proposed paving
cross section, parking stall dimensions and driveway widths shall
be provided.
(13)
Title block containing name of applicant and
development, lot and block numbers, date prepared and date of latest
revision.
(14)
Sight triangles, the radii of curblines and
street sign locations shall be clearly indicated at intersections.
(15)
Site characteristics maps showing the location
of existing and proposed property lines, streets, street names, buildings,
watercourses, railroads, bridges, culverts, easements, right-of-ways
and any natural features, such as wooded areas, streams or wetlands.
All significant trees (15 inches dBh and greater) and all historically,
culturally and archaeologically significant structures or resources
shall be shown.
(16)
The location of all wetland areas and required
wetland transition areas or buffers within the proposed development
as required pursuant to the New Jersey Freshwater Wetlands Protection
Act[2] or the Comprehensive Management Plan, and a letter from
either the NJDEP or the Pinelands Commission indicating that the proposed
subdivision does not require wetlands delineation.
[2]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(17)
A copy of any existing and/or proposed protective
covenants or deed restrictions applying to the subject site shall
be submitted with the plan, if applicable.
(18)
A stormwater management plan, calculations and information in accordance with § 94-44 of Township Code. This plan shall include:
(a)
Topographic base map.
(b)
Environmental site analysis.
(c)
Project description and site plan.
(d)
Land use planning and source control plan.
(e)
Stormwater management facilities map.
(f)
Calculations for groundwater recharge, stormwater
runoff rate, volume and quantity and vertical design constraints.
(g)
Inspection, maintenance and repair plan.
(h)
Waiver from submission requirements, if applicable.
(i)
NJDEP low-impact development checklist.
(19)
Proposed connections to existing water supply
and sanitary sewerage systems, or alternative means of providing these
services.
(20)
Methods of solid waste storage and disposal,
including recycling efforts.
(21)
Location of existing and proposed wells and
septic systems.
(22)
The plan/project shall be designated in compliance
with the subdivision, site plan and zoning ordinances of the Township
and other applicable standards of the state, county and local agencies.
(24)
Lighting and signage plan showing the locations
of signs and light standards, heights, setbacks, type of light standard,
hours of illumination and lighting pattern superimposed onto the plan
and noted in footcandles.
(25)
Architectural plans with typical floor plans
and building views/elevations.
(26)
All applicable fees must be paid with submission.
(27)
No application will be deemed complete until
all taxes and sewer assessments are paid up-to-date.
(29)
The maps for submission must be folded into
eighths and have title block clearly visible.
|
One or more of the above informational items
may not be applicable in all cases. The person preparing the plan
should indicate in writing on the plan those items not applicable.
Items 25, 26 and 27 are applicable in all cases and cannot be waived.
|
[1]
Editor's Note: Ordinance No. 50-2006, adopted
10-25-2006, also revised this subsection, but was not codified at
the request of the Township because the revisions adopted by Ord.
No. 50-2006 are included in Ord. No. 58-2006.
D.
Major site plan checklist. The following checklist is designed to assist applicants in preparing plans for Planning Board/Zoning Board of Adjustment review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Board. The site plan shall show the following information and be drawn according to all relevant standards set forth in § 198-15D and Chapter 225 of the Township Code:
[Amended 2-23-1983 by Ord. No. 4-1983; 11-18-1992 by Ord. No.
51-1992; 2-24-1993 by Ord. No. 8-1993; 7-14-1993 by Ord. No. 30-1993; 10-11-2006 by Ord. No. 58-2006[3]]
(1)
Submittal materials:
(a)
Six copies of the plans shall be submitted on
one of the following sheet size: 24 inches by 36 inches or 30 inches
by 42 inches. If one sheet is not sufficient to contain the entire
territory, the map may be divided into sections and shown on separate
sheets of equal size, with reference on each sheet as to the location
of all adjoining sheets.
(b)
Fifteen copies of half-scale plans (11 inches
by 17 inches) shall be submitted.
(c)
A copy of the site plans must be submitted in
digital format. The digital files shall be compatible with AutoCAD
or submitted in dxF format. All digital media should be on CD-ROM
Media.
(2)
The plan shall be drawn or reproduced at a scale of
not less than one inch equals 50 feet.
(3)
Key map at a scale of one inch equals 300 feet, showing
the entire subdivision and its relation to surrounding areas within
2,000 feet. Such maps shall show all existing land uses within 200
feet of the land being subdivided.
(4)
The zoning district and zoning requirements.
(5)
North arrow and graphic scale contained on each sheet.
(6)
Name and address of owner and applicant and owners
of land within 200 feet of the outer boundary of the site as certified
by the Tax Assessor and dated when the list was produced.
(7)
Name, address and signature of person preparing the
plan. The plan shall be prepared, signed and sealed by a licensed
N.J. land surveyor, engineer, planner or architect as required by
state regulation.
(9)
A certified survey of the property prepared by a New
Jersey land surveyor with bearings and distances provided for all
property lines. The survey shall be provided with datums in NAD 83
and NGVD 88 for horizontal and vertical datums, respectively.
(10)
Existing and proposed elevations and contours,
at one-foot intervals, to determine the natural drainage of land within
the subject property and extending 100 feet from the property lines.
(11)
Locations of all existing and proposed structures
showing existing and proposed front, rear and side yard setback distances,
and an indication of whether the existing structures and uses will
be retained or removed.
(12)
Title block containing name of applicant and
development, lot and block numbers, date prepared and date of latest
revision.
(14)
Lighting and signage plan showing the locations
of signs and light standards, direction of illumination, mounting
heights, setbacks, type of light standards, hours of illumination
and lighting pattern superimposed onto plan and noted in footcandles.
(15)
Site characteristics maps showing the location
of existing and proposed property lines, streets, street names, buildings
watercourses, railroads, bridges, culverts, easements, right-of-ways
and any natural features, such as wooded areas, streams or wetlands.
All significant individual trees (over 15 inches diameter at breast
height) and historically, culturally and archaeologically significant
structures or resources shall be shown.
(16)
The location of all wetland areas and required
wetland transition areas of buffers within the proposed development
as required pursuant to the New Jersey Freshwater Wetlands Protection
Act[5] or the Comprehensive Management Plan, and a letter from
either the NJDEP or the Pinelands Commission indicating that the proposed
subdivision does not require wetlands delineation.
[5]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(17)
A copy of any existing and/or proposed protective
covenants or deed restrictions applying to the land shall be submitted
with the plan, if applicable.
(18)
A stormwater management plan, calculations and information in accordance with § 94-44 of Township Code and pursuant to NJDEP stormwater regulations. This plan shall include the following:
(a)
Topographic base map.
(b)
Environmental site analysis.
(c)
Project description and site plan.
(d)
Land use planning and source control plan.
(e)
Stormwater management facilities map.
(f)
Calculations for groundwater recharge, stormwater
runoff rate, volume and quantity and vertical design constraints.
(g)
Inspection, maintenance and repair plan.
(h)
Waiver from submission requirements, if applicable.
(i)
NJDEP low-impact development checklist.
(19)
A sewer and water report containing an explanation
of plans to tie into existing sewer and water facilities including
the status of efforts to have tie-ins approved by the appropriate
authorities. Based on the capacities of existing sewer and water systems,
the applicant shall, if pertinent, describe what improvements shall
be implemented to meet the anticipated demands.
(20)
A traffic report containing calculations of
the number of motor vehicles expected to enter or leave the site for
an average peak hour and evaluation of the ability of the internal
circulation plan and external access roadways, including the two nearest
intersections on collector roadways, to handle this anticipated traffic,
made by a qualified traffic engineer (for developments requiring 75
or more parking spaces).
(21)
A fiscal impact report indicating the impact
of the project on Township services, the cash flow of the project,
and determination of the applicants pro rata share of necessary improvements
(for developments of 25 or more dwelling units).
(22)
A modification report, if applicable, showing
the modifications of Township standards requested, along with supporting
documentation.
(23)
A utilities plan at the same scale of the site
plan showing:
(a)
The locations of existing utility structures
such as water and sewer mains, gas transmission lines and high-tension
power lines on the site plan and within 200 feet of its boundaries.
(b)
Plans of proposed improvements and utility layouts,
including sewer, water, and storm drains, showing all proposed connections
to existing systems. If service will be provided by an existing utility
company, a letter from that company stating that service will be available
before occupancy will be sufficient. When individual on-lot water
or sewage disposal is proposed, the plan for such system shall be
approved by the appropriate Township and state agencies, and the results
of percolation tests shall be submitted with the preliminary plan
under conditions designated by the Township and the County Board of
Health, and/or the Pinelands Commission. Where applicable, the utility
company letter must indicate that wet hookups will be available for
each lot. If private utilities are proposed, they shall fully comply
with all Township, county, and state regulations.
(24)
Profiles of all proposed streets indicating
grading and cross sections showing widths of roadway and width and
location of sidewalks.
(25)
Locations and dimensions of curb cuts affording
vehicular access to public right-of-ways.
(26)
Design of off-street parking and loading areas,
showing size and location of bays, aisles, barriers, truck-turning
movements and parking spaces.
(27)
A photograph of the premises in question from
the opposite side of street.
(28)
Areas in which construction is prohibited due
to the presence of stream corridors and/or steep slopes.
(29)
All area to be disturbed by grading or construction.
(30)
Location of existing and proposed wells and
septic systems.
(31)
Natural resource inventory information including:
(a)
Soil types as shown on the current Soil Conservation
Soil Survey Maps.
(b)
Soil depth to restrictive layers of soil.
(c)
Soil depth to bedrock.
(d)
Height of soil water table and type of water
table.
(e)
Floodplain soil (status).
(f)
Limitation for foundations.
(g)
Limitation for septic tank absorption field
(only where septic tank is proposed for use).
(h)
Limitation for local roads and streets.
(i)
Agricultural capacity classifications.
(j)
Erosion hazard.
(32)
Sight triangles, the radii of curblines and
street sign locations shall be clearly indicated at intersections.
(33)
Soil erosion/sediment control plan which complies
with Soil Conservation Service requirements.
(34)
All existing and proposed curbs and sidewalks.
(35)
Architectural plans with typical floor plans
and building views/elevations.
(36)
Method of solid waste storage and disposal,
including recycling efforts.
(37)
The purpose of any proposed easement of land
reserved or dedicated to public common use shall be designated.
(38)
The plan/project shall be designated in compliance
with the applicable Township ordinances of the Township and other
applicable standards of the state, county and local agencies.
(39)
All applicable fees must be paid with submission.
(40)
No application will be deemed complete until
all taxes are paid up-to-date.
(42)
The maps for submission must be folded into
eighths and have title block clearly visible.
|
One or more of the above informational items
may not be applicable in all cases. The person preparing the plan
should indicate in writing on the plan those items not applicable.
Items 39, 40 and 42 are applicable in all cases and cannot be waived.
|
[3]
Editor's Note: Ordinance No. 50-2006, adopted
10-25-2006, also revised this subsection, but was not codified at
the request of the Township because the revisions adopted by Ord.
No. 50-2006 are included in Ord. No. 58-2006.
E.
Utilities approval notice. In approving any site plan,
the Planning Board shall require that the applicant first furnish
a notice of approval of plans for water and sewerage installation
from the Egg Harbor Township Municipal Utilities Authority if applicable.
[Added 11-18-1992 by Ord. No. 51-1992; amended 2-24-1993 by Ord. No. 8-1993]
The following requirements apply to all applications
made under Subdivisions a, b, c and d of N.J.S.A. 40:55D-70 and applications
for conditional use and planning variances and are applicable regardless
of which board the application is made to.
|
Applicant Please Check
|
"A" Appeal
|
"B" Inter- pretation or Special
Question
|
"C" Var- iance
|
"D" Var- iance
|
Condi- tional Use
|
Planning Variance
| ||
|---|---|---|---|---|---|---|---|---|
|
PLAT SPECIFICATIONS
| ||||||||
|
( )
|
1. Plat clearly and legibly drawn
or reproduced at a scale not smaller than 1 inch equals 100 feet.
|
x
|
x
|
x
|
x
| |||
|
( )
|
2. Sheet size either 15 x 21, 24 x
36 or 30 x 42.
|
x
|
x
|
x
|
x
| |||
|
( )
|
3. The applicant shall submit 12 sealed
copies of the plans of the building or structures to be erected or
altered and indicate whether the building is to be frame, stone, brick
or other construction.
|
x
|
x
|
x
|
x
| |||
|
( )
|
4. Plans shall be prepared by an architect,
planner, engineer, land surveyor or the applicant, where appropriate.
When the plans are prepared by the applicant, an affidavit must be
submitted stating he is the designer, owner and occupant.
|
x
|
x
|
x
|
x
| |||
|
( )
|
5. Plat prepared to scale based on
deed description, Tax Map or similarly reasonably accurate date for
the purpose of review and discussion by the municipal agency.
|
x
|
x
|
x
|
x
| |||
|
GENERAL INFORMATION
| ||||||||
|
( )
|
6. Metes and bounds description of
parcel in question based upon current land survey information.
|
x
|
x
|
x
|
x
| |||
|
( )
|
7. Property line shown in degrees,
minutes and seconds.
|
x
|
x
|
x
|
x
| |||
|
( )
|
8. Key map showing location of tract
to be considered in relation to surrounding area.
|
x
|
x
|
x
|
x
| |||
|
( )
|
9. Title block containing name of
applicant, preparer, lot and block numbers, date prepared, date of
last amendment and zoning district.
|
x
|
x
|
x
|
x
| |||
|
( )
|
10. Each block and lot numbered in
conformity with the Municipal Tax Map as determined by the Municipal
Tax Assessor.
|
x
|
x
|
x
|
x
| |||
|
( )
|
11. Scale of map, both written and
graphic.
|
x
|
x
|
x
|
x
| |||
|
( )
|
12. North arrow giving reference meridian.
|
x
|
x
|
x
|
x
| |||
|
( )
|
13. Space for signatures of Chairman
and Secretary of the municipal agency.
|
x
|
x
| |||||
|
( )
|
14. Certified property owners' list
of all owners within 200 feet of subject property.
|
x
|
x
|
x
|
x
|
x
|
x
| |
|
( )
|
15. Location of existing and proposed
property lines with dimensions in feet to the nearest 2 decimal places.
|
x
|
x
|
x
|
x
| |||
|
( )
|
16. Zoning district in which parcel
is located, indicating all setbacks, lot coverage, height, floor area
ratio and density, both as to required and proposed; indicate the
above both written and graphically.
|
x
|
x
|
x
|
x
| |||
|
( )
|
17. Zone requirements per ordinance
and per application.
|
x
|
x
|
x
|
x
| |||
|
( )
|
18. Acreage of affected parcel to
the nearest hundredth of an acre.
|
x
|
x
|
x
|
x
| |||
|
( )
|
19. Provide a Polaroid or other similar
photograph of the premises in question taken from the opposite side
of the street.
|
x
|
x
|
x
|
x
| |||
|
NATURAL FEATURES - TOPOGRAPHY OF THE
SITE AND WITHIN 200 FEET THEREOF
| ||||||||
|
( )
|
20. Contours to determine the natural
drainage of the land. Intervals shall be: up to 10% grade, 2 feet;
over 10% grade, 5 feet.
|
x
|
x
| |||||
|
( )
|
21. Cliffs and rock outcroppings.
|
x
|
x
| |||||
|
( )
|
22. Floodplains.
|
x
|
x
| |||||
|
( )
|
23. Natural and artificial watercourses,
streams, shorelines and water boundaries and encroachment lines.
|
x
|
x
| |||||
|
( )
|
24. Aquifer recharge areas, including
safe sustained ground water yield.
|
x
|
x
| |||||
|
( )
|
25. Wooded areas, indicating predominant
species and size.
|
x
|
x
| |||||
|
( )
|
26. Location of trees 6 inches or
more in diameter, as measured 1 foot above ground level, outside of
wooded area, designating species of each.
|
x
|
x
| |||||
|
( )
|
27. Areas in which construction is
precluded due to presence of stream corridors and/or steep slopes.
|
x
|
x
| |||||
|
( )
|
28. All areas to be disturbed by grading
or construction.
|
x
|
x
| |||||
|
MAN-MADE FEATURES ON SITE AND WITHIN
200 FEET THEREOF
| ||||||||
|
( )
|
29. A 200-foot line must be drawn
on the plans within which are located existing structures, and their
distances from existing and proposed property lines, required setbacks
zoning boundaries and lot dimensions.
|
x
|
x
|
x
|
x
| |||
|
( )
|
30. Location and type of existing
easements or rights-of-way, including power lines.
|
x
|
x
|
x
| ||||
|
( )
|
31. Location of existing railroads,
bridges, culverts, drainpipes, water and sewer mains and other man-made
installations affecting the tract.
| |||||||
|
( )
|
32. Location of existing wells and
septic systems.
|
x
|
x
|
x
| ||||
|
( )
|
33. When applicant intends to use
a conventional septic disposal system: location of test holes, test
results and approximate location of the intended disposal field.
|
x
|
x
|
x
| ||||
|
( )
|
34. Plans and profiles of proposed
utility layouts, such as sewers, storm drains, water, gas and electric,
showing feasible connections to existing or proposed utility systems.
|
x
|
x
|
x
| ||||
|
( )
|
35. Location and description of monuments,
whether set or to be set.
|
x
|
x
|
x
| ||||
|
STREETS
| ||||||||
|
( )
|
36. Location, names and widths of
all existing and proposed streets on the property and within 200 feet
of the tract.
|
x
|
x
|
x
| ||||
|
( )
|
37. Required road dedication.
|
x
|
x
|
x
| ||||
|
( )
|
38. Road orientation (as it relates
to energy conservation).
|
x
|
x
| |||||
|
( )
|
39. Plans, profiles and cross sections
of all proposed new streets and/or access to proposed streets.
|
x
|
x
|
x
| ||||
|
MISCELLANEOUS
| ||||||||
|
( )
|
40. Proposed sight easements, where
required.
|
x
|
x
| |||||
|
( )
|
41. Proposed drainage easements, where
required.
|
x
|
x
| |||||
|
( )
|
42. Natural resource inventory information,
including:
| |||||||
|
( )
|
a. Soil types as shown by the
current Soil Conservation Survey Maps.
| |||||||
|
( )
|
b. Soil depth to restrictive
layers of soil.
| |||||||
|
( )
|
c. Soil depth to bedrock.
| |||||||
|
( )
|
d. Permeability of the soil
by layers.
| |||||||
|
( )
|
e. Height of soil water table
and type of water table.
| |||||||
|
( )
|
f. Floodplain soil (status).
|
x
|
x
|
x
|
x
| |||
|
( )
|
g. Limitation for foundation.
|
x
|
x
|
x
|
x
| |||
|
( )
|
h. Limitation for septic tank
absorption field (only where septic tank is proposed to be used).
|
x
|
x
|
x
|
x
| |||
|
( )
|
i. Limitation for local road
and streets.
|
x
|
x
|
x
|
x
| |||
|
( )
|
j. Agricultural capacity classifications.
|
x
|
x
|
x
|
x
| |||
|
( )
|
k. Erosion hazard.
|
x
|
x
|
x
|
x
| |||
|
( )
|
43. Landscaping plan, including the
types, quantity, size and location of all proposed vegetation. The
scientific and common names of all vegetation shall be included.
|
x
|
x
| |||||
|
( )
|
44. Soil Erosion and Sediment Control
Plan consistent with the requirements of the local soil conservation
district
|
x
| ||||||
|
( )
|
45. Design calculations showing proposed
drainage facilities to be in accordance with the appropriate drainage
runoff requirements.
|
x
|
x
|
x
|
x
| |||
|
( )
|
46. The purpose of any proposed easement
of land reserved or dedicated to public or common use shall be designated,
and the proposed use of sites other than residential shall be noted.
|
x
|
x
|
x
|
x
|
x
| ||
|
( )
|
47. Any sections for which a waiver
is specifically being requested and a narrative paragraph explaining
why the applicant is entitled to such waiver.
|
x
|
x
|
x
|
x
|
x
|
x
| |
|
( )
|
x
|
x
|
x
|
x
| ||||
[1]
Editor's Note: Former § 198-16,
Standard required improvements, as amended, was repealed 2-24-1993
by Ord. No. 7-1993 and 7-14-1993 by Ord. No. 30-1993.
All improvements (except electric, gas, water
and sewer lines) shall be installed under the supervision and inspection
of the Township Engineer, the cost thereof to be borne by the developer.
Said reasonable cost of inspection shall be estimated in advance by
the Township Engineer, and such amount, in the form of cash or certified
check, shall be deposited with the Township Treasurer before commencement
of any construction. The Treasurer shall establish an escrow account
to pay for Township engineering inspection fees. The reasonable cost
for inspection shall be paid to the Engineer as work progresses. If
said deposit shall be insufficient, any additional reasonable inspection
cost shall be paid by the developer before the improvement is accepted
by the Township of Egg Harbor. Any balance from the deposit after
inspection costs have been deducted therefrom shall be refunded to
the developer by resolution of the Township Committee.
A.
No construction work shall commence without the Township
Engineer being properly notified. Such notice shall be given at least
48 hours before the commencement of work. Failure of the developer,
his contractor or his agent to provide such notice will be just cause
for the suspension of the work being performed. A developer, contractor
or agent who shall violate the provisions of this section of this
chapter shall be guilty of a misdemeanor and, upon conviction, shall
be liable to fine of not more than $100 in each instance. Each and
every day that such violation continues shall be deemed a separate
and distinct violation.
[Amended 10-10-1979 by Ord. No. 28-1979]
B.
The New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction, with any amendments
thereto or revisions thereof presently existing, including the New
Jersey Department of Transportation Standard Construction Details,
or to be made in the future, shall govern all construction of improvements
required herein. Failure of the developer, his contractor or agents
to conform to said specifications will be just cause for the suspension
of the work being performed.
[Amended 4-10-1996 by Ord. No. 4-1996; 5-25-2016 by Ord. No. 14-2016; 5-2-2018 by Ord. No. 14-2018]
A.
Before filing of final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit, the Township shall require a performance
guarantee for the purpose of assuring the installation of certain
on-tract improvements.
(1)
The Township may require up to 10% of all performance guarantees
in cash. The developer has the option to post more than 10% in cash
or any portion of a required maintenance guarantee in cash.
B.
Types of performance guarantees required.
(1)
Site improvement guarantee. A guarantee in favor of the Township
in an amount not to exceed 120% of the cost of installation of only
those improvements required by an approval or developer's agreement,
ordinance, or regulation to be dedicated to a public entity, and that
have not yet been installed, which cost shall be determined by the
Township Engineer, according to the method of calculation set forth
in section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for the
following improvements as shown on the approved plans or plat: streets,
pavement, gutters, curbs, sidewalks, street lighting, street trees,
surveyor's monuments, as shown on the final map and required by the
Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed
by section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through N.J.S.A.
46:26B-8, water mains, sanitary sewers, community septic systems,
drainage structures, public improvements of open space, and any grading
necessitated by the preceding improvements. The Township Engineer
shall prepare an itemized cost estimate of the improvements covered
by the performance guarantee, which itemized cost estimate shall be
appended to each performance guarantee posted by the developer. In
the event that other governmental agencies or public utilities automatically
will own the utilities to be installed or the improvements are covered
by a performance guarantee to another governmental agency, no performance
guarantee, as the case may be, shall be required by the Township for
such utilities or improvements.
(2)
Perimeter buffer landscaping guarantee. A guarantee in favor of the
Township to include, within an approved phase or section of a development
privately owned perimeter buffer landscaping, as required by site
plan approval or imposed as a condition of approval. At the developer's
option, a separate performance guarantee may be posted for the privately
owned perimeter buffer landscaping.
(3)
Temporary certificate of occupancy guarantee. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to as a "temporary certificate of occupancy guarantee," in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection B(1) of this section, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township Engineer. At no time may Township hold more than one guarantee of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Township Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(4)
Safety and stabilization guarantee.
(a)
A developer shall furnish to the Township a safety and stabilization guarantee, in favor of the Township. At the developer's option, a safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the site improvement performance guarantee referenced in Subsection B(1) of this section. A safety and stabilization guarantee shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the Township to the developer of the Township's
intent to claim payment under the guarantee. The Township shall not
provide notice of its intent to claim payment under a safety and stabilization
guarantee until a period of at least 60 days has elapsed during which
all work on the development has ceased for reasons other than force
majeure. The Township shall provide written notice to a developer
by certified mail or other form of delivery providing evidence of
receipt of the notice.
(b)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(c)
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows: $5,000 for the first $100,000 of
bonded improvement costs, plus 2.5% of bonded improvement costs in
excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000.
(d)
The Township shall release a separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this subsection.
(e)
The Township shall release a safety and stabilization guarantee
upon the Township Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
C.
Types of maintenance guarantees required.
(1)
Site improvement maintenance guarantee. Prior to the release of a site improvement or perimeter buffer landscaping performance guarantee described in Subsection B, the developer shall post a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released. The Township may not require any portion of the maintenance guarantee to be posted in cash but the developer has the option to post the maintenance guarantee in cash.
(2)
Stormwater management maintenance guarantee. Upon the inspection
and issuance of final approval by the Township engineer of the following
private site improvements, a separate maintenance guarantee in an
amount not to exceed 15% of the cost of the installation of the following
private site improvements related to the stormwater management for
the project: stormwater management basins, in-flow and water quality
structures within the basins, and the out-flow pipes and structures
of the stormwater management system.
(3)
The term of all maintenance guarantees shall be for a period of two
years and shall automatically expire at the end of the two-year period.
D.
Procedures for reductions of performance guarantees.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Township Committee in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection B of this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Township Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection B of this section.
(3)
The Township Committee, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection B of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
(4)
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection B of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.
(5)
In the event that the obligor has made a cash deposit with the Township
as part of the performance guarantee, then any partial reduction granted
in the performance guarantee pursuant to this subsection shall be
applied to the cash deposit in the same proportion as the original
cash deposit bears to the full amount of the performance guarantee,
provided that if the developer has furnished a safety and stabilization
guarantee, the Township may retain cash equal to the amount of the
remaining safety and stabilization guarantee.
(6)
If any portion of the required bonded improvements is rejected, the
Township Committee may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section shall be followed.
(7)
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Township Committee or Township Engineer.
E.
Payments for professionals serving Township.
(1)
The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the inspection of improvements; which fees shall not exceed the sum of the amounts set forth in Subsection E(1)(a) and (b) of this section. The Township may require the developer to post the inspection fees in escrow in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a performance guarantee under this section; and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under this section, which
cost shall be determined pursuant to section 15 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.4).
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection E(1)(a) and (b) of this section, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
F.
Other requirements.
(1)
In the event that final approval is by stages or sections of development
pursuant to Subsection a. of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
(2)
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Committee shall be deemed, upon the release of any performance guarantee required pursuant to Subsection B of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
(3)
All guarantees shall be approved as to form by the Township Solicitor.
The developer shall pay for all reasonable fees associated with the
review by the Township Solicitor.
(4)
A performance guarantee shall run for a period to be fixed by the
Planning Board at the time of approval of a final plat, but in no
case for a term of more than two years. However, with the consent
of the owner and the surety, if there is one, the Township Committee
may, by resolution, extend the term of such performance guarantee
for an additional period not to exceed three years. As a condition
or as part of any such extension, the amount of any performance guarantee
shall be increased or reduced, as the case may be, to an amount not
to exceed 120% of the cost of the installation, which cost shall be
determined by the Township Engineer according to the method of calculation
set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4)
as of the time of the passage of the resolution.
(5)
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the Township of Egg Harbor for the reasonable cost of the
improvements not installed and, upon the receipt of the proceeds of
the performance guarantee, the Township of Egg Harbor shall install
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.). The
obligor and surety shall also pay for all reasonable inspection fees
in addition to all required improvements.
(6)
It shall be expressly understood that, notwithstanding the posting of any performance guarantees for a lot in a major subdivision, no certificate of occupancy shall be issued until the developer or subdivider shall have installed the road subbase, road base, curbs, gutters and first course paving as specified in Chapter 94 of the Township Code, entitled "Design, Performance and Improvement Standards," and until the underground utilities such as sewer, water, gas, storm drainage lines, electric, telephone and cable television and all other underground work shall have been duly and properly installed. No occupancy permit shall be issued until the subdivider shall have entered into an agreement with the Township to permit municipal forces to enter upon the streets of the subdivision prior to final acceptance of said streets for the purpose of rendering such Township services such as fire and police protection, snow removal, trash collection and any other service as may be deemed necessary for the health, safety and welfare of the residents. No occupancy certificates shall be granted for the final two dwellings until the finished road surface has been installed pursuant to Township specifications and until all other improvements and conditions as may be required by the Planning Board, the Building Subcode Official and the Plumbing Official have been properly installed. Certification that all requirements are met must be provided in writing by the Township Engineer or other designated administrative officer prior to the issuance of such certificate of occupancy.
[1]
Editor's Note: Former § 198-20,
Design standards for subdivision plats, was repealed 7-14-1993 by
Ord. No. 30-1993.
[1]
Editor's Note: Former § 198-21,
Blocks, was repealed 2-24-1993 by Ord. No. 7-1993 and 7-14-1993 by
Ord. No. 30-1993.
[1]
Editor's Note: Former § 198-22,
Lots and land development, as amended, was repealed 2-24-1993 by Ord.
No. 7-1993 and 7-14-1993 by Ord. No. 30-1993.
[1]
Editor's Note: Former § 198-23,
Fill areas, was repealed 7-14-1993 by Ord. No. 30-1993.
[1]
Editor's Note: Former § 198-24,
Drainage design and improvements, as amended, was repealed 2-24-1993
by Ord. No. 7-1993 and 7-14-1993 by Ord. No. 30-1993.
[1]
Editor's Note: Former § 198-25,
Utility easements; drainage rights-of-way; preservation of natural
features, was repealed 2-24-1993 by Ord. No. 7-1993 and 7-14-1993
by Ord. No. 30-1993.
A.
If, before final approval has been obtained, any person
transfers or sells or agrees to sell, as owner or agent, any land
which forms a part of a subdivision on which, by ordinance, the Planning
Board is required to act, such person shall be subject to a fine not
to exceed $1,000 or to imprisonment for not more than 90 days or by
a period of community service not exceeding 90 days, or both such
fine and imprisonment, and each parcel, plot or lot so disposed of
shall be deemed a separate violation.
[Amended 4-12-2006 by Ord. No. 20-2006]
B.
In addition to the foregoing, if the streets in the
subdivision are not such that a structure on said land in the subdivision
would meet requirements for a building permit under Section 3 of the
Official Map and Building Permit Act (1953), the municipality may
institute and maintain a civil action:
C.
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that demands, in the possession of the subdivider
or his assigns or successors, to secure the return of any deposit
made or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years if
unrecorded.
These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township of Egg
Harbor. Any action taken by the Planning Board and the governing body
under the terms of this chapter shall give primary consideration to
the above-mentioned matters and to the welfare of the entire community.
However, if the subdivider or his agent can clearly demonstrate that,
because of peculiar conditions pertaining to his land, the literal
enforcement of one or more of these regulations is impractical or
will exact undue hardship, the Planning Board may permit such variance
or variances as may be reasonable and within the general purpose and
intent of the rules, regulations and standards established by this
chapter.
Whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the most restrictive of those imposing
the higher standards shall govern.
B.
Notices of such hearing shall be in accordance with
Chapter 291, Laws of New Jersey, 1975. No amendment or change shall
become effective unless the ordinance containing such amendment shall
first have been submitted to the Planning Board for review. The Planning
Board shall have a reasonable time, not less than 30 days, for consideration
and report. In the case of an unfavorable report by the Planning Board,
such amendment or change shall not become effective except by a favorable
vote of 2/3 of the full authorized membership of the governing
body.
