The attachment of reasonable conditions to development
applications are exercises of valid police powers delegated by the
state to the Borough. The applicant shall comply with reasonable conditions
required by the approving authority for use of the land. Where County
Planning Board or Pinelands Commission approval is required for a
subdivision or site plan, the approving authority shall condition
any approval it grants upon either the timely receipt of a favorable
report from those agencies or their approval due to their failure
to act within the required time period. If either report is negative
or attaches conditions, the original action by the Borough approving
authority shall be null and void and a new resolution shall be adopted
which considers the county or Pinelands report. Where the application
is barred or prevented by legal action as set forth in N.J.S.A. 40:55D-22
or if the application requires approval by a government agency other
than the Borough agency, the approving authority shall condition its
approval on removal of such legal barrier and/or upon the subsequent
approval of such government agency. In the event that the subsequent
approval by another governmental agency results in a change in the
conditionally approved plans by the Borough's approving authority,
the applicant shall resubmit the application to the Borough for its
review and approval.
The approving authority, when acting upon subdivision
and site plan applications, shall have the power to grant such exceptions
from the design and performance standards of this chapter as may be
reasonable and within the general purpose and intent of these requirements
if the literal enforcement of one or more provisions is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
The approving authority may waive required notices
and hearing from minor and exempt subdivisions and site plans, except
where a variance or conditional use is part of the application. Divisions
of land not considered a subdivision as defined in this chapter shall
be exempt from compliance with the requirements of this chapter only
after affirmative action by the approving authority. Such action shall
be taken following submission of documentation to the approving authority
showing the division of land for agricultural purposes (no residence)
where all resulting parcels are five acres or larger in size; divisions
by testamentary or intestate provisions; divisions of property by
court order; and conveyances so as to combine existing lots by deed
or other instrument, as the case may be. Until exempted from the subdivision
regulations by the approving authority, no person can transfer, sell
or agree to transfer or sell, as owner or agent, any land which forms
a part of a subdivision for which approval is required.
A.
The approving authority shall have the power to act upon subdivisions, conditional uses or site plans simultaneously without the developer's making further application or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing shall include reference to the request for the conditional use. See § 335-8, Conditional uses.
B.
The developer may also elect to submit a separate
application requesting approval of a variance or the direction of
the issuance of a permit followed by subsequent application(s) for
required approval of a subdivision, site plan or conditional use.
The separate approval of the variance or direction of the issuance
of a permit shall be conditioned upon the granting of all subsequent
approvals required by the approving authority.
[Amended 9-15-1997 by Ord. No. 97-16]
A site plan review and approval is required
for all developments, including the conversion of any use of any other
use even though no new construction is planned when the conversion
occurs. Subdivision approval is required whenever a person intends
to divide, modify or consolidate property resulting in the addition,
removal or relocation of a lot line. The purpose of reviewing and
approving subdivision and site plans shall be to determine that the
new uses and other developments will conform to all appropriate municipal
regulations, the revised statutes of the State of New Jersey, the
resolutions of the County of Camden and all other applicable regulations
and to exercise the powers granted to the Borough under the Municipal
Land Use Law.[1] Plan reviews shall be administered to ensure that existing
facilities shall be adequate for the proposed use and to ensure the
orderly growth and development, conservation, protection and proper
use of land and adequate provision for circulation, utilities and
services.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 7-25-2001 by Ord. No. 2001:9]
A.
All proposed applications for the construction of
a dwelling or other structure greater than 500 square feet in size
shall be required to submit two copies of a grading plan for review
and approval by the Township Engineer prior to the issuance of a construction
permit. A written communication of the results of such review and
a statement of approval or denial shall be provided by the Township
Engineer to the Construction Official. The appropriate escrow fees
for such reviews shall accompany the application for the construction
permit.
B.
Prior to the issuance of a certificate of occupancy,
the applicant shall submit two copies of a final plan of survey for
review and approval by the Township Engineer. The Township Engineer,
upon review and acceptance of the plan, shall perform a final inspection
of the site prior to recommending a certificate of occupancy. A written
communication of the results of the inspection and a statement of
approval or denial shall be provided by the Township Engineer to the
Construction Official. The appropriate escrow fees for such review
and inspections shall accompany the application for the certificate
of occupancy.
A.
Applicability.
[Amended 12-26-2001 by Ord. No. 2001:16]
(1)
No person shall carry out any development within the
Pinelands Area without obtaining development approval from an approving
authority in accordance with the provisions set forth in this section.
(2)
Except as provided in A(3) below, the following shall not be subject to the procedures set forth in § 335-28B through G:
(a)
The improvement, expansion or reconstruction
within five years of destruction or demolition of any single family
dwelling unit or appurtenance thereto;
(b)
The improvement, expansion, construction, or
reconstruction of any structure accessory to a single-family dwelling;
(c)
The improvement, expansion, construction or
reconstruction of any structure used exclusively for agricultural
or horticultural purposes;
(d)
The construction, repair or removal of any sign,
except for the construction or replacement of any off-site commercial
advertising sign;
(e)
The repair of existing utility distribution
lines;
(f)
The clearing of less than 1,500 square feet
of land;
(g)
The construction of any addition or accessory structure for
any nonresidential use or any multifamily residential structure, provided
that:
[Amended 7-12-2018 by Ord. No. 2018-17]
[1]
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
[2]
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(h)
The demolition of any structure that is less
than 50 years old;
(i)
The installation of utility distribution lines,
except for sewage lines, to serve areas which are effectively developed
or development which has received all necessary approvals and permits;
(j)
The repair or replacement of any existing on-site
wastewater disposal system;
(k)
The repaving of existing paved roads and other paved surfaces,
provided no increase in the paved width or area of said roads and
surfaces will occur.
[Amended 7-12-2018 by Ord. No. 2018-17]
(l)
The clearing of land solely for agricultural or horticultural
purposes.
[Amended 7-12-2018 by Ord. No. 2018-17]
(m)
Fences, provided no more than 1,500 square feet
of land is to be cleared;
(n)
Above-ground telephone equipment cabinets;
(o)
Tree pruning;
(p)
The following forestry activities:
[1]
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
[2]
Tree harvesting, provided that no more than
one cord of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year;
[3]
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than that caused by the planting activity, and no trees
other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
and
[4]
Forest stand improvement designed to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year;
(q)
Prescribed burning and the clearing and maintaining
of fire breaks; or
(r)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 335-45, Landscaping, and § 335-77K(3)(c).
(s)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 7-12-2018 by Ord.
No. 2018-17]
(t)
The installation of a local communications facility antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 7-12-2018 by Ord.
No. 2018-17]
(u)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 7-12-2018 by Ord.
No. 2018-17]
(v)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 7-12-2018 by Ord.
No. 2018-17]
(3)
The exceptions contained in Subsection A(2) above shall not apply to any historic resource designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(4)
Nothing herein shall preclude any local or state agency
from reviewing, in accordance with the provisions of any applicable
ordinance or regulation, any proposed development which does not require
an application to the Pinelands Commission pursuant to this section.
B.
Minor development. Any application for approval of
minor development shall include at least the following information:
[Amended 12-26-2001 by Ord. No. 2001:16]
(1)
The applicant's name and address and his interest
in the subject property;
(2)
The owner's name and address, if different from the
applicant's, and the owner's signed consent to the filing of the application;
(3)
The legal description, including block and lot designation
and street address, if any, of the subject property;
(4)
A description of all existing uses of the subject
property;
(5)
A brief written statement generally describing the
proposed development;
(6)
A United States Geological Survey Quadrangle map,
or copy thereof, and a copy of the municipal tax map sheet on which
the boundaries of the subject property, the Pinelands management area
designation and the zoning designation are shown;
(7)
A plat or plan showing the location of all boundaries
of the subject property, the location of all proposed development,
existing or proposed facilities to provide water for the use and consumption
of occupants of all buildings, and sanitary facilities which will
serve the proposed development. The following information shall be
included with respect to existing or proposed sanitary facilities:
(a)
On-site treatment facilities: location, size,
type and capacity of any proposed on-site water treatment facilities;
and
(b)
Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted at a suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 335-77K(8).
(8)
A location map, including the area extending at least
300 feet beyond each boundary of the subject property, showing ownership
boundary of the proposed development, owners of holdings adjoining
and adjacent to the subject property, existing facilities, buildings
and structures on the site, all proposed development, wetlands, streams
(including intermittent streams), rivers, lakes and other water bodies
and existing roads;
(9)
A soils map including a county soils survey which
conforms to the guidelines of the United States Department of Agriculture,
Soil Conservation Service, showing the location of all proposed development;
(10)
A map showing existing vegetation identifying
predominant vegetation types in the area, and showing proposed landscaping
of the subject property, including the location of the tree line before
and after development and all areas to be disturbed as a result of
the proposed development;
(11)
A certificate of filing from the Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Commission pursuant to the Interim Rules and Regulations; and
C.
Other application requirements; certificate of filing.
All applications for major development, other than forestry operations,
shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)5,
as well as the following:
[Amended 12-26-2001 by Ord. No. 2001:16]
D.
Notices.
[Amended 12-26-2001 by Ord. No. 2001:16; 7-12-2018 by Ord. No. 2018-17]
(1)
Application submission and modifications. Written notification shall
be given by the Borough, by e-mail or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Borough that an application for development in the Pinelands Area
is complete or if a determination is made by the Borough approval
agency that the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed;
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(e)
The date on which the application, or any change thereto, was
filed and any application number or other identifying number assigned
to the application by the approval agency;
(f)
The approval agency with which the application or change thereto
was filed;
(g)
The content of any change made to the application since it was
filed with the Commission, including a copy of any revised plans or
reports; and
(h)
The nature of the municipal approval or approvals being sought.
(2)
Meetings and hearings. Where a meeting, hearing or other formal proceeding
on an application for development approval in the Pinelands Area is
required, the applicant shall provide notice to the Pinelands Commission
by e-mail, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(a)
The name and address of the applicant;
(b)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(c)
The date, time and location of the meeting, hearing or other
formal proceeding;
(d)
The name of the approval agency or representative thereof that
will be conducting the meeting, hearing or other formal proceeding;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission; and
(f)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
(3)
Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction of any approval
agency or an appeal of any agency's decision. The applicant shall,
within five days of the approval or denial, give notice by e-mail
or regular mail to the Commission. Such notice shall contain the following
information:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(d)
The date on which the approval or denial was issued by the approval
agency;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission;
(f)
Any revisions to the application not previously submitted to
the Commission; and
(g)
A copy of the resolution, permit or other documentation of the
approval or denial. If the application was approved, a copy of any
preliminary or final plan, plot or similar document that was approved
shall also be submitted.
E.
Review by the Pinelands Commission. Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 335-28D(3) above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Borough shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed. Although the Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Commission.
[Amended 12-26-2001 by Ord. No. 2001:16]
F.
Prior approval. Where a prior approval has been granted
by the Borough, no final approval of an application for development
approval shall be obtained until one of the following is satisfied:
(1)
Notification is received from the Pinelands Commission
that review of the Borough's prior approval is not required.
(2)
Review of the Borough's prior approval has been completed
pursuant to N.J.A.C. 7:50-4.27 through 7:50-4.32, and a final order
regarding approval is received by the Borough from the Pinelands Commission.
G.
Effect of Commission's decision on Borough approvals.
If the Pinelands Commission disapproves an application for development
previously approved by an approval agency, such approval shall be
revoked by the approval agency within 30 days and the agency shall
thereafter deny the application. If the Commission approves the decision
of an approval agency subject to conditions, the approval agency which
had previously approved the application shall, within 30 days, modify
its approval to include all conditions imposed by the Commission and,
if final approval of the application is required, shall grant final
approval only if the application for approval demonstrates that the
conditions specified by the Commission have been met by the applicant.
[Amended 12-26-2001 by Ord. No. 2001:16]
H.
Waivers. If any application for development approval
conflicts with a provision of this chapter, adopted pursuant to the
Pinelands Act, the approving authority may disapprove the application,
approve the application subject to the applicant obtaining a waiver
from the Pinelands Commission pursuant to the New Jersey Administrative
Code or suspend further review of the application, with the consent
of the applicant, until a waiver is obtained. In no event is the approving
authority authorized to waive the applicability of any provision of
this chapter adopted pursuant to the Pinelands Act.
I.
Participation of the Commission at public hearings.
The Pinelands Commission may participate in a hearing held by the
approving authority of the Borough involving the development of land
in the Pinelands Protection Area pursuant to N.J.A.C. 7:50-4.36.
[Amended 12-26-2001 by Ord. No. 2001:16]
J.
Public development. All development proposed by the
Borough of Berlin or any agency thereof will comply with all the requirements
for public development set forth in N.J.A.C. 7:50-4.51 et seq.
[Amended 12-26-2001 by Ord. No. 2001:16]
K.
Conflict of provisions. The standards and regulations
in this chapter applicable to the Pinelands Area are intended to be
the minimum provisions necessary to achieve the purposes and objectives
of this chapter and the Pinelands Act.[1] In the event of a conflict between any provisions, the
stricter provision shall apply.
[1]
Editor's Note: See the Pinelands Protection
Act, N.J.S.A. 13:18A-1 et seq.
A.
An informal submission is optional. Any person may
be placed on the agenda of a regular meeting of the approving authority
for discussion on an informally prepared plat. The purpose will be
to review concepts to assist the applicant in the preparation of subsequent
plans. Other than classification, no decisions will be made, no hearings
held and no formal action taken on an informal plat.
B.
Filing procedure. The developer shall file with the
administrative officer at least two weeks prior to the meeting of
the approving authority up to 14 black-on-white copies of the plat,
two completed copies of the application form, two completed copies
of the informal plat checklist and the applicable fees.
C.
Action by the approving authority.
(1)
The approving authority shall review the submission
for its completeness and, if sufficient data is presented, shall classify
the application as an informal submission of a minor or major development
within 45 days of the date of submission or such further time as may
be consented to by the applicant. If the approving authority shall
require any changes in the plat prior to the applicant's resubmitting
the plat as a preliminary or final plat, such changes and/or conditions
shall be in writing and shall be sent to the applicant.
(2)
When the approving authority determines that any proposed
development may create, either directly or indirectly, an adverse
effect on either the remainder of the property being developed or
nearby property, the approving authority may require the developer
to revise the plat. Where the remaining portion of the original tract
is of sufficient size to be developed or subdivided further, the developer
may be required to submit an informal plat of the entire remaining
portion of the tract to indicate a feasible plan whereby the design
of the proposed development together with subsequent subdivisions
or development will not create, impose, aggravate or lead to any such
adverse effect(s).
D.
Notification of any approval shall be made to the Pinelands Commission pursuant to § 335-28D(2) and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6.
A.
Preliminary plats are required for all major site
plans and all major subdivisions.
B.
Filing procedure.
(1)
The developer shall submit to the administrative officer at least two weeks prior to the applicable meeting of the approving authority the applicable fees; certification by the Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property; a copy of the deed, including the text of any easements, protective covenants and deed restrictions applying to the land being developed; up to 14 black-on-white copies of the complete preliminary plat submission; and three completed copies of the following: the application form for preliminary approval; preliminary plat checklist; and soil erosion and sediment control data as required in Article V of this chapter. Preliminary drainage information shall be submitted as part of the preliminary plat application. Detailed drainage calculations shall be required prior to the approval of the preliminary plat based on the requirements of this chapter and the recommendations of the Borough Engineer. Failure to submit full drainage calculations and related site improvements and stormwater management consistent with those calculations shall be sufficient to deny the preliminary plat approval.
(2)
The application shall be accompanied by either four
copies of a complete Environmental Impact Report (EIR) in accordance
with the following or a written request for a waiver of any or all
of its requirements. The EIR shall include evidence that the Department
of Environmental Protection (NJDEP) has issued, or has been requested
to issue, either a letter of interpretation regarding the wetland
boundaries and their resource value and/or permit(s) for averaging
or filling or a letter of exemption that there are no wetlands; and
that NJDEP has issued, or been requested to issue, either a stream
encroachment permit or a waiver. If waiver(s) from the EIR are requested,
the approving agency shall either approve, approve in part or disapprove
the request(s). If approved in part or disapproved, the applicant
shall provide the required data within 10 days or at least two weeks
prior to the date the approving authority is required to act, whichever
comes first, or at least two weeks prior to some future date the approving
agency may set if the applicant consents to an extension of time.
(a)
Prior to submitting a preliminary plat, the
applicant shall use secondary source material to present an overview
of the natural limitation(s) of the site and to guide the layout of
the proposed development. These maps will aid in locating soil types,
topography, slopes, surface water, depth to water table, wetlands,
wetland transition areas, floodplains and similar data. Little or
no text need accompany this data at this stage. It is anticipated
that major areas of concern can be identified and agreed upon by use
of this data at an early stage in order to avoid development designs
that will encroach upon the major environmental problem areas. Where
environmentally sensitive areas identified by this general data must
be encroached upon, the environmental impact report submitted at the
preliminary plat stage can analyze the problem in more detail based
on site-specific data but limiting the analysis to the smaller areas
of concern.
(b)
The EIR shall set forth the steps to be taken
to avoid or minimize adverse environmental impacts during construction
and operation, including necessary maps, phasing schedules and other
explanatory data to clarify and explain these steps. The EIR shall
incorporate the following:
[1]
The means of obtaining public water supply;
proposals for surface water quality basins, if any; either avoid encroaching
into streams, flood hazard areas, wetlands and wetland transition
areas or submit NJDEP's approval for such encroachments and their
mitigation requirements; the method of connecting into the sanitary
sewer system and the adequacy of the sewer system to accommodate the
proposal; temporary and permanent slopes in excess of 10% and the
measures needed to avoid soil erosion; any unique machinery, vehicles
or other generators of poor air quality and the manner in which the
problems are to be mitigated; and the manner in which existing wooded
areas and historic sites are to be protected.
[2]
Hazardous/toxic material. The EIR shall identify
the quantity and location of hazardous and toxic materials to be stored
or handled on site. This data shall include details on receiving,
storing and shipping such materials; how routine and emergency cleanups
are conducted; whether any special fire suppression or spill containment
is required; and the status of any approvals or permits required from
NJDEP related to such materials.
[3]
A list of all licenses, permits and approvals
needed from federal, state or county agencies, including the status
of each and any conclusions received.
(3)
A corporation or partnership applying to subdivide
a parcel of land into six or more lots or for a variance to construct
a multiple dwelling of 25 or more family units or for approval of
a site to be used for commercial purposes shall list the names and
addresses of all stockholders or individual partners owning at least
10% of its stock of any class or at least 10% of the interest in the
partnership, as the case may be. If a corporation or partnership owns
10% or more of the stock of a corporation or 10% or greater interest
in a partnership, subject to the above disclosure, that corporation
or partnership shall list the names and addresses of its stockholders
holding 10% or more of its stock or of 10% or greater interest in
the partnership, as the case may be, and this requirement shall be
followed by every corporate stockholder or every partner in a partnership
until the names and addresses of the noncorporate stockholders and
individual partners exceeding the ten-percent-ownership criteria established
in this chapter have been listed. There shall be no approval of any
application by any corporation or partnership which does not comply
with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment
by a corporation or partnership shall be as outlined in N.J.S.A. 40:55D-48.4.
C.
Action by the approving authority.
(1)
Acceptance. The approving authority shall review the
submission for its completeness and take action accepting or rejecting
the submission as a complete application within 45 days of submission.
If deemed incomplete, the applicant shall be notified, in writing.
(2)
Public hearing. If accepted as an application, a public
hearing date shall be set by the approving authority and notice given
by the applicant as required by this chapter.
(3)
Referrals. The administrative officer shall submit
one copy of the plat and supporting data to the County Planning Board,
Borough Engineer and any other agency or person as directed by the
approving authority for their review and action. Each shall have not
more than 30 days from receipt of the plat to report to the approving
authority. In the event of disapproval, such report shall state the
reasons therefor. If any agency or person fails to report to the approving
authority within the designated period, said plat shall be deemed
to have been approved by said agency or person. Upon mutual agreement
between the County Planning Board and the approving authority, with
approval of the developer, the thirty-day period for a County Planning
Board report may be extended for an additional 30 days and any extension
shall so extend the time within which the approving authority is required
to act.
(4)
Action on subdivision. A subdivision of 10 or fewer
lots shall be granted or denied within 45 days of the date of a complete
submission or within such further time as may be consented to by the
developer. With more than 10 lots, the approving authority shall grant
or deny preliminary approval within 95 days of the date of a complete
submission or within such further time as may be consented to by the
developer. Otherwise, the approving authority shall be deemed to have
granted preliminary approval to the subdivision. Whenever an application
for preliminary approval includes a request for relief pursuant to
N.J.S.A. 40:55D-60, the approving authority shall grant or deny approval
of the application within 120 days after submission of a complete
application or within such further time as may be consented to by
the applicant. In the event that the developer elects to submit separate
consecutive applications, this one-hundred-twenty-day period shall
apply only to the application for the approval of the variance or
the direction for issuance of a permit as set forth in N.J.S.A. 40:55D-60.
The period for granting or denying the other approval(s) shall be
as set forth for the other approvals.
[Amended 9-15-1997 by Ord. No. 97-16]
(5)
Action on site plan. The approving authority shall
grant or deny preliminary site plan approval within the following
time periods unless some further time has been consented to by the
developer:
[Amended 9-15-1997 by Ord. No. 97-16]
(a)
A site plan for 10 acres of land or fewer, and
10 dwelling units or fewer: within 45 days of the date of a complete
submission.
(b)
A site plan of more than 10 acres or more than
10 dwelling units: within 95 days of the date of a complete submission.
(c)
Whenever an application for preliminary approval
includes a request for relief pursuant to N.J.S.A. 40:55D-60, the
approving authority shall grant or deny approval of the application
within 120 days after submission of a complete application or within
such further time as may be consented to by the applicant. In the
event that the developer elects to submit separate consecutive applications,
this one-hundred-twenty-day period shall apply only to the application
for the approval of the variance or the direction for issuance of
a permit as set forth in N.J.S.A. 40:55D-60. The period for granting
or denying the other approval(s) shall be as set forth for the other
approvals.
(6)
Amended plan. If the approving authority required
any substantial amendment in the layout of improvements in either
a site plan or subdivision as proposed by the developer and that plan
had 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 approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
(7)
Form of approval. The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report [§ 335-30B(2)]. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 335-17, Public hearings and notices. If the approving authority grants preliminary approval, its Chairman and Secretary (or the Vice Chairman or Assistant Secretary in their absence, respectively) and Borough Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are complied with. If all conditions are not complied with within 190 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse and become null and void. The conditions set forth in N.J.S.A. 40:55D-22b need not be met in order for municipal signatures to be placed on the plans or need not be met within the 190 days set forth above.
(8)
Rights granted by approval. Preliminary approval shall, except as provided in Subsection C(9) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval, otherwise the approval shall be void:
(a)
The general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirement; layout and design standards for streets, curbs,
and sidewalks; lot size; yard dimensions and off-tract improvements;
and any requirements peculiar to site plan approval, except that nothing
herein shall be construed to prevent the Borough from modifying by
ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
(b)
The applicant may submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary plat.
(c)
The applicant may apply for and the approving
authority 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.
(d)
Whenever the approving authority grants an extension of preliminary approval pursuant to Subsection C(8)(c), and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(e)
The approving authority shall grant an extension of the preliminary approval for a period determined by the approving authority, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the approving authority that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the approving authority from granting an extension otherwise available under Subsection C(8)(c) above.
(9)
Extended period of approval. In the case of a development of an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection C(8)(a), (b) and (c) above for such period of time longer than three years, as shall be determined by the approving authority 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(s) 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.
(10)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Borough approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Borough approving authority may grant preliminary subdivision approval conditioned upon such evidence being presented as a prerequisite to final subdivision approval. For such a final subdivision, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any preliminary approval shall be made to the Pinelands Commission pursuant to § 335-28D, and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision approval or, if no such approval is required, prior to the issuance of any construction permits.
[Amended 12-26-2001 by Ord. No. 2001:16]
A.
Filing procedure.
(1)
The developer shall submit to the administrative officer
at least two weeks prior to the applicable meeting of the approving
authority the applicable fees, certification by the Tax Collector
that no taxes or assessments for local improvements are due or delinquent
on the property, up to 14 black-on-white copies of the complete final
plat submission, one translucent tracing on cloth or plastic film;
one opaque cloth print and three completed copies of the following:
the application form for final approval; final plat checklist; all
amendments or changes in the deed, including the text of any protective
covenants, deed restrictions and easements applying to the land being
developed which have been or will be incorporated into the deed as
a result of the development; the deed restrictions and other legal
documents assuring compliance with the Lower-Income Housing requirements,
where applicable; and copies of correspondence with NJDEP that either
a letter of interpretation regarding wetlands or a letter of exemption
that there are no wetlands, has been requested or issued, and/or a
stream encroachment permit from NJDEP or a waiver has been requested
or granted and certification by the Soil Conservation District has
been issued pursuant to the Soil Erosion and Sediment Control Act,
Chapter 251 of the Laws of 1975;[1] and a list of proposed street names.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(2)
Where utility services are to be extended to a property
or into the tract, the final plat shall be accompanied by letters
directed to the Chairman of the approving authority and signed by
a responsible officer of the water company, sewer authority and utility
which provides gas, telephone, electricity and cable television that
has jurisdiction in the area approving each proposed utility installation
design and stating who will construct the facility.
(3)
The final plat shall be accompanied by a statement
by the Borough Engineer that he is in receipt of a map showing all
utilities and other improvements (both in the development and off-tract
improvements) in exact location and elevation, that he has examined
the drainage, erosion, stormwater control and excavation plans and
found that the interests of the Borough and of nearby properties are
fully protected, identifying those portions of any improvements already
installed and that the developer has either:
B.
Action by the approving authority.
(1)
Acceptance. The approving authority shall review the
submission for completeness and take action on accepting or rejecting
the submission as a complete application. If deemed incomplete, the
applicant shall be notified within 45 days of submission. If accepted
as a complete application, the approving authority shall grant final
approval if the detailed drawings, specifications and estimates conform
to the standards established by this chapter, the conditions of preliminary
approval, the changes and/or conditions required on the informal plat
in cases where there has been no preliminary plat and the standards
prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the
case of a minor or exempt subdivision or site plan where there has
been no previous submission of an informal or preliminary plat, the
approving authority may waive the required notices and hearing. In
the case of a planned development, the approving authority may permit
minimal deviations from the conditions of preliminary plat approval
necessitated by change of conditions beyond the control of the developer
since the date of preliminary approval. Minimal deviations shall not
require the developer to submit another application for preliminary
approval.
(2)
Action on application. Final approval shall be granted
or denied within 45 days after 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 applicant to comply
with any condition within the time required shall cause a conditional
approval to lapse. An approved final plat and any deeds associated
with a final approval shall be signed by the Chairman and Secretary
of the approving authority (or the Vice Chairman or Assistant Secretary
in their absence, respectively) only after all conditions have been
met. Failure of the approving authority to act within the period prescribed
shall constitute final approval, and a certificate of the administrative
officer as to the failure of the approving authority to act shall
be issued on request of the applicant. Such certificate 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 the purpose of filing subdivision plats. Whenever an application
for final approval includes a request for relief pursuant to N.J.S.A.
40:55D-60, the approving authority shall grant or deny approval of
the application within 120 days after submission of a complete application
or within such further time as may be consented to by the applicant.
In the event that the developer elects to submit separate consecutive
applications, this one-hundred-twenty-day period shall apply only
to the application for the approval of the variance or the direction
for issuance of a permit as set forth in N.J.S.A. 40:55D-60. The period
for granting or denying the other approval(s) shall be as set forth
for the other approvals.
[Amended 9-15-1997 by Ord. No. 97-16]
(3)
Condition on county or state actions. Whenever review
or approval of the application is required by the County Planning
Board or by any state agency such as NJDEP or New Jersey Department
of Transportation (NJDOT), the approving authority shall condition
any approval that it grants upon timely receipt of a favorable report
from these agencies or upon the County Board's failure to submit a
report within the required time period.
(4)
Expiration of minor approval; filing. Final approval
of a minor subdivision shall expire 190 days from the date on which
the resolution of Borough approval was adopted unless within such
period a plat in conformity with such approval, including any conditions
imposed by the approving authority, and in conformity with the provisions
of the Map Filing Law (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 Borough Engineer and the Borough
Tax Assessor. Any such plat or deed accepted for such filing shall
have been signed by the Chairman and Secretary of the approving authority.
In reviewing the application for development for a proposed minor
subdivision, the approving authority may accept a plat not in conformity
with the Map Filing Law, provided that if the developer chooses to
file the minor subdivision by plat rather than deed, such plat shall
conform to the provisions of said law.
(5)
Expiration of major approval; filing. Final approval
of a major subdivision shall expire 95 days from the date of signing
of the plat unless within such period the approved plat, including
any conditions imposed by the approving authority and in conformity
with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.),
shall have been duly filed by the developer with the county recording
officer. The approving authority may, for good cause shown, extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat.
(6)
Extension of time for filing. The approving authority
may extend the ninety-five or one-hundred-ninety-day period if the
developer proves to the reasonable satisfaction of the approving authority
that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the approving authority. The developer may apply for an extension
either before or after the original expiration date.
(7)
Filing with county. No subdivision plat or deed shall
be accepted for filing by the county recording officer until it has
been approved by the approving authority as indicated on the instrument
by the signature of the Chairman and Secretary of the approving authority
or a certificate has been issued as to the failure of the approving
authority to act within the required time. The signature of the Chairman
and Secretary shall not be affixed until the developer has posted
the required guaranties. If the county recording officer records any
plat without such approval, such recording shall be deemed null and
void, and upon request of the Borough, the plat shall be expunged
from the official records. It shall be the duty of the county recording
officer to notify the approving authority, in writing, within seven
days of the filing of any plat, identifying such instrument by its
title, date of filing and official number.
(8)
Rights granted for final plat. Provided that the approved
final subdivision plat or deed, as appropriate, has been filed with
the county recording officer, the zoning requirements applicable to
the preliminary approval first granted to a site plan or a major subdivision
and all other rights conferred upon the developer pursuant to the
Municipal Land Use Law,[2] whether conditionally or otherwise, shall not be changed
for a period of two years after the date on which the resolution of
final approval was adopted. If the developer has followed the standards
prescribed for final approval, the approving authority may extend
such period of protection for extensions of one year, but not to exceed
three extensions. Whenever the approving authority grants an extension
of final approval pursuant to this section, and final approval has
expired before the date on which the extension is granted, the extension
shall begin on what would otherwise be the expiration date. The developer
may apply for the extension either before or after what would otherwise
be the expiration date. The approving authority shall grant an extension
of final approval for a period determined by the approving authority
but not exceeding one year from what would otherwise be the expiration
date if the developer proves to the reasonable satisfaction of the
approving authority that the developer was barred or prevented, directly
or indirectly, from proceeding with the development because of delays
in obtaining legally required approvals from other governmental entities
and that the developer applied promptly for and diligently pursued
the required approvals. The developer shall apply for the extension
before what would otherwise be the expiration date of preliminary
approval or the 91st day after the developer receives the last legally
required approval from other governmental entities, whichever occurs
later. An extension granted pursuant to this subsection shall not
preclude the approving authority from granting any other extensions
authorized by law. Upon granting of final approval, the rights conferred
upon the applicant by the granting of preliminary approval shall be
terminated upon final approval.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(9)
Rights granted for minor subdivision. Provided that
the approved final plat of a minor subdivision has been filed with
the county recording officer, 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.
(10)
Rights granted for large development. In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in Subsection B(6) and (7) above for such period of time longer than two years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for and the approving authority may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(11)
Distribution of final plat. The developer shall
supply sufficient copies of the approved final plat so the administrative
officer can distribute one copy to each of the following: Borough
Clerk, Tax Assessor and approving authority and any other agency or
person directed by the approving authority; and the developer shall
supply one translucent cloth or Mylar copy to the Borough Engineer.
(12)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Borough approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Borough approving authority may grant preliminary subdivision approval conditioned upon such evidence being presented as a prerequisite to final subdivision approval. For such a final subdivision, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any final approval shall be made to the Pinelands Commission pursuant to § 335-28D, and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 12-26-2001 by Ord. No. 2001:16]
A.
Plat conformity. No development application shall be accepted unless submitted in plat form, and no plat, other than an informal plat as set forth in Subsection B below, shall be accepted for consideration unless it conforms to the following requirements as to form, content and accompanying information. All preliminary and final plats shall be drawn by a land surveyor licensed to practice in the State of New Jersey and shall bear the signature, embossed seal, license number, address and telephone number of the land surveyor. All drawings of improvements shall bear the signature, embossed seal, license number, address and telephone number of a licensed professional engineer of the State of New Jersey.
B.
Informal plat for review and classification. The applicant
may request submission waivers. If there is any question as to the
suitability of any lot(s), and hence the number of lots in the development,
the final number of lots will be based on an approved preliminary
plat using a standard subdivision design.
(1)
Clearly and legibly drawn.
(2)
A key map with North arrow showing the entire development
and its relation to surrounding areas.
(3)
The Tax Map sheet, block and lot number for the tract
and all adjacent lots; the title of "Informal plat for review and
classification”; North arrow; and the date of the original drawing
and the date and substance of each revision.
(4)
Graphic scale not less than one inch equals 100 feet.
(5)
Existing and proposed street and lot layout, with
dimensions and all setback lines, showing that portion proposed for
development in relation to the entire tract.
(6)
Existing lot lines to be eliminated and new lot lines
being created.
(7)
Area of the original tract and each proposed lot.
(8)
Existing structures and uses, including the location
of units proposed for lower-income housing, if applicable.
(9)
Connection points for public water and the sewage
collection system.
(10)
Contours based on United States Geological Survey
data.
(11)
All watercourses, including their direction
of flow; the location of all drainage structures; and the approximate
location of flood hazard areas, floodway lines and wetlands.
(12)
Existing and proposed rights-of-way and easements
within and adjoining the tract, including sight triangles. Proposed
access points and parking areas shall be included on site plans.
C.
Preliminary subdivision plat.
(1)
Clearly and legibly drawn.
(2)
Graphic scale not less than one inch equals 100 feet.
(3)
Based on certified boundary survey and drawn by a
land surveyor licensed in New Jersey with design and improvements
drawn by a professional engineer licensed in New Jersey. Property
corner markers, both found and set, or the relation to existing markers
to the property corners shall be shown.
(4)
If more than one sheet is required to show the entire
development, a separate composite map shall be included showing the
entire development on one sheet.
(5)
Key map with North arrow showing the entire subdivision
in relation to surrounding areas, including the names of principal
roads.
(6)
Title block prepared in accordance with N.J.A.C. 13:40-2
and including the name of the development; any development names previously
associated with the application; the name of the Borough; Tax Map
sheet, block and lot number; address of property; date of preparation
and most recent revision; North arrow; graphic scale; and the names,
addresses, phone numbers, seals and signatures of the person(s) who
prepared the plat(s) and of the applicant.
(7)
The developer shall designate a site supervisor responsible
for on-site construction safety during the course of site improvements.
This requirement shall be noted on all plats.
(8)
The names of all property owners within 200 feet of
the extreme limits of the development as disclosed on the most recent
Borough tax records.
(9)
Tract acreage to the nearest 1/1,000 of an acre, the
number of new lots, each lot line dimension scaled to the nearest
1/10 of a foot and each lot area to the nearest square foot.
(10)
Existing and proposed contours at two-foot intervals.
All elevations shall be related to a bench mark noted on the plan
and shall be based on United States Geological Survey mean sea level
datum.
(11)
Location of existing natural features such as
wetlands, wetland transition areas, one-hundred-year flood hazard
areas, slopes exceeding 10%, wooded areas, and individual trees outside
wooded areas having a diameter of six inches or more as measured four
feet above ground level.
(12)
Existing and proposed streams, lakes, ponds,
wetlands and wetland transition areas accompanied by the following
data:
(a)
When a running stream is proposed for alteration,
improvement or relocation or when a structure or fill is proposed
over, under, in or along such a running stream, evidence of approval,
required alterations, lack of jurisdiction or denial of the improvement
by the New Jersey Division of Water Resources shall accompany the
plat.
(b)
Cross sections and profiles of watercourses
at an appropriate scale showing the extent of the flood-fringe area,
top of bank, normal water level and bottom elevations at the following
locations:
[1]
All watercourses within or adjacent to the development
and at any point where a watercourse crosses a boundary of the development
(profile and cross sections).
[2]
At fifty-foot intervals for a distance of 300
feet upstream and downstream of any existing or proposed culvert or
bridge within the development (cross sections).
[3]
At a maximum of one-hundred-foot intervals,
but at no less than two locations, along each watercourse which runs
through or adjacent to the development (cross sections).
[4]
When ditches, streams, brooks or watercourses
are to be altered, improved or relocated, the method of stabilizing
slopes and the measures to control erosion and siltation during construction
shall be provided and typical ditch sections and profiles shall be
shown on the plan.
(c)
The total upstream acreage in the drainage basin
of any watercourse running through or adjacent to a development. For
flowing streams, small-scale watershed maps developed from United
States Geological Survey sheets shall be submitted.
(d)
The total acreage in the drainage basin to the
nearest downstream drainage structure and the acreage in that portion
of the development which drains to the structure.
(e)
The location and extent of all existing or proposed
drainage and conservation easements and flood hazard area and floodway
lines.
(f)
The location, size and water level elevation
of all existing or proposed lakes or ponds within or no farther than
300 feet from the development.
(g)
Plans and computations for any storm drainage
systems, including the following:
[1]
All existing and proposed storm sewer lines
within the development and on lands or roads adjacent to the development,
including all required off-site and off-tract drainage improvements,
showing size, profile and slope of the lines, direction of flow and
the location of each catch basin, inlet, manhole, culvert and headwall.
[2]
The location and extent of existing and proposed
ditches, swales, berms, streams, dry wells, groundwater recharge basins,
detention basins, retention basins, flood control devices, sedimentation
basins or other water conservation devices.
[3]
Complete design criteria and calculations to
substantiate the capacity of the storm drainage system.
(13)
The names, locations and dimensions, including
paved widths and right-of-way widths, of all existing and proposed
streets within a distance of 200 feet of the boundaries of the development.
The plan shall show the proposed on-tract circulation system(s), including
streets, driveways and sidewalks and any connections to either existing
or proposed streets and sidewalks and what off-site extension(s),
if any, will be made to nearby existing or proposed streets as shown
on the adopted Master Plan. Construction vehicle access shall be shown
and approved by the approving authority.
(14)
Plans, cross sections, center-line profiles,
tentative grades and details of all proposed and existing streets
in the tract and within 200 feet of the development together with
full information as to the disposal of surface drainage, including
plans, cross sections and profiles of streets, storm drains and drainage
structures. Typical street cross sections shall indicate the type
and width of pavement and the location of curbs, sidewalks, typical
underground utilities and shade tree planting. At intersections, the
sight triangles, radii of curblines, crosswalks and street sign locations
shall be shown. Final street naming may be deferred. For streets where
curbs and/or sidewalks are to be provided, separate curb and sidewalk
profiles shall be required at street intersections. Barrier free access
across curbs shall be required where sidewalks and bike routes cross
the curb.
(15)
The names, locations, paved widths, right-of-way widths and purpose(s) of existing and proposed easements, streets, driveways and other rights-of-way in the subdivision. The text of any proposed deed restriction shall be included, including those deed restrictions required in relation to lower-income housing units in § 335-49, Lower-income housing. The text to be included in each deed shall be submitted identifying the purpose(s) and all applicable restrictions for each type of easement.
(16)
The location and description of all monuments
existing and tentatively proposed.
(17)
All proposed lot lines as well as all existing
lot lines to remain and those to be eliminated all setback lines required
by the zoning provisions of this chapter with their dimensions and
any Borough boundary line where the boundary is within the tract or
within 200 feet of the tract. Any lot(s) to be reserved or dedicated
to public use shall be identified. Each block shall be numbered and
the lots within each block shall be numbered in accordance with numbers
assigned by the Borough Tax Assessor. The Assessor shall certify,
in writing, to the approving authority prior to preliminary approval
that the block and lot numbers shown on the plat are in accordance
with the Assessor's designation.
(18)
Locations of all existing buildings and structures
and their use(s) in the tract and within 200 feet thereof showing
existing and proposed front, rear and side yard setback distances,
structures of historic significance and an indication of all existing
structures and uses to be retained and those to be removed, including
the location and number of proposed lower-income housing units.
(19)
Plans and profiles of proposed improvements and utility layouts (water mains, sanitary sewers, storm sewers, erosion control, stormwater control, excavation, fire hydrants, streetlights, electric, telephone, cable television, etc.) showing location, size, type, slope, invert elevations, pumping stations and other details as well as feasible connections to any existing or proposed utility systems. Underground installations are required (See § 335-57, Public utilities). If private utilities are proposed, they shall comply fully with Borough, county and state regulations. If service will be provided by an existing utility company, a letter from that company shall be submitted stating that service will be available before occupancy of any proposed structures.
(20)
Zoning district(s) and zoning district lines.
(21)
An itemization of all improvements to be made to the site in accordance with the standards specified in Articles V and VI and such other improvements on-site, off-site, on-tract and off-tract as the public interest may require together with a listing of the work and materials to be used in installing such improvements, including estimated quantities of necessary materials sufficient to enable the Borough Engineer to formulate a performance guaranty estimate.
(22)
Proposed temporary trailer sales and/or construction
office locations. The developer shall provide accessibility to trailers
during development construction activity, and parking shall be provided
for staff and prospective buyers.
D.
Final subdivision plat. The following requirements
shall be observed in a final subdivision plat for both minor and major
subdivisions:
(1)
Clearly and legibly drawn.
(2)
The scale shall be at least one inch equals 100 feet
unless a larger scale is approved by the Borough Engineer that is
large enough to contain legibly written data on the dimensions, bearings
and all other details of the boundaries.
(3)
Drawn by a licensed land surveyor in compliance with
the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
(4)
The developer shall designate a site supervisor responsible
for on-site construction safety during the course of site improvements.
This requirement shall be noted on all plats.
(5)
If more than one sheet is required to show the entire
development or if the development is being phased, a separate composite
map shall be drawn showing the entire development on one sheet and
the sheets on which the various phases or sections are shown.
(6)
The submission for final plat approval shall show
the following, except that the plat to be filed with the county recording
officer need only contain the data required for filing with the county
and all other data may be submitted on separate sheets:
(a)
Signature/certification blocks for the Chairperson
and Secretary of the approving authority, Borough Engineer, Borough
Clerk, land surveyor and property owner and other endorsements required
by law.
(b)
Tract boundary lines; Borough boundary line
if within 200 feet of the tract being subdivided; street names; all
lot lines and other site lines with accurate dimensions, bearing or
deflection angles and radii, arcs and chord bearings, with the distances,
of all curves all based on an actual survey by a land surveyor licensed
to practice in the State of New Jersey; minimum building setback lines,
including setbacks from floods and wetlands as required herein; and
the area of each lot shown to the nearest square foot. All dimensions,
both linear and angular, of the exterior tract boundaries shall be
based on and calculated from surveyed traversing which shall have
an apparent error of field closure of 1:10,000 or better and shall
be corrected by accepted balancing methods to final errorless closure.
All final exterior and lot boundaries shall be similarly balanced
to final errorless closure.
(c)
Block and lot numbers in accordance with established
standards and in conformity with the Borough Tax Map as approved by
the Borough Tax Assessor and containing the certification of the Borough
Tax Assessor. All street numbers, where appropriate, shall be designated
as specified by the approving authority.
(7)
The final plat shall be accompanied by the following:
(a)
A copy of the preliminary subdivision plat revised
to show all conditions and changes required by the approving authority
at the time of preliminary approval, including the final design for
any improvements within the section covered by the final plat.
(b)
A certification that the applicant is agent
or owner of the land and that the owner has given consent to the development.
(c)
Appropriate local, county and state approvals.
(d)
Certification from the Tax Collector that no
taxes or assessments for local improvements are due or delinquent
on the property.
A.
Plat conformity. No development application shall
be accepted unless submitted in plat form, and no plat shall be accepted
for consideration unless it conforms to the following requirements
as to form, content and accompanying information. All plats shall
be drawn by a licensed New Jersey land surveyor and shall bear the
signature, seal, license number and address of the land surveyor,
except that plats submitted under the informal discussion provisions
of this Article and sketch plats of minor site plans are exempt from
this requirement. All drawings showing improvement designs shall bear
the signature and embossed seal of a licensed professional engineer
of the State of New Jersey.
B.
Informal site plan for review and classification shall include the same data as required in § 335-32B. This submission shall also show, to scale, the lot lines, proposed building(s), proposed use(s), including the location and number of lower-income housing units, parking, loading, on-site vehicular, pedestrian and bicycle circulation system(s), as intended, driveways, wooded areas, approximate on-site or on-tract stormwater detention facilities, all existing and proposed easements and water and sewer service.
C.
Preliminary site plan.
(1)
Every preliminary site plan shall be at a minimum graphic scale of one inch equals 10, 20, 30, 40 or 50 feet and certified by a New Jersey licensed architect or engineer, including accurate lot lines certified by a New Jersey licensed land surveyor. If one sheet is not sufficient to contain the entire territory, or if the development is to be phased, a separate composite map shall be drawn showing the entire development on one sheet and the sheets on which the various sections or phases are shown. The following data shall be shown on the site plan or accompany it: all lot lines and the exterior boundaries of the tract; North arrow; zone district(s) in which the tract is located; date of original drawing and each subsequent amendment; existing and proposed streets and street names; existing and proposed contours at two-foot intervals throughout the tract and within 100 feet of any building or paved area under review; title of the plan; streams, floodways, one-hundred-year flood hazard area, wetlands and wetland transition areas; total area to within one square foot; total number of parking and loading spaces; all dimensions, areas and distances needed to confirm conformity with this chapter, such as but not limited to building lengths, building coverage, lot coverage, floor area ratio, lot lines, parking spaces, loading spaces, setbacks and yards; a key map giving the general location of the parcel within the Borough; a separate map showing the site in relation to all remaining lands in the present owner's ownership; and any and all existing or proposed easements including the text to be included in each deed identifying the purpose(s) and all applicable restrictions for each type of easement. The text of any proposed deed restriction shall be included, including those deed restrictions required in relation to any lower-income housing units in § 335-49.
(2)
Each site plan shall include the following information and be designed to comply with Articles IV, V and VI:
(a)
Building and use plan. The plan shall show the size, height, location, arrangement and use of all proposed buildings, structures and signs, including the location and number of lower-income units and the deed restrictions required in relation to lower-income housing units in § 335-49, Lower-income housing, and including an architect's scaled elevation of the front, side and rear of any structure and sign to be erected or modified to the extent necessary to apprise the approving authority of the scope of the proposed work. Any existing buildings and structures shall be identified either to remain or to be removed. The plan shall also include a written description of the proposed use(s) and operation(s) of nonresidential buildings, including a floor plan showing the designated areas and square footage for different land use types; the estimated number of employees or members; the proposed number of shifts to be worked and the maximum number of employees on each shift; projected types and number of truck and tractor-trailer traffic; emission of noise, glare, vibration, heat, odor, air and water pollution; safety hazards; type, quantity and location of hazardous or toxic materials stored or handled on site; and anticipated expansion plans incorporated in the building design. In apartment and townhouse projects, the number of dwelling units, by type, shall be shown.
(b)
Circulation plan. This plan shall show access
streets and street names, acceleration/deceleration lanes, curbs,
aisles and lanes, access points to public streets, sight triangles,
traffic channelization, easements, fire lanes, driveways, number and
location of parking spaces (including bicycle racks) and loading spaces,
pedestrian walks, bikeways and all related facilities for the movement
and storage of goods, vehicles and persons on the site and including
lights, lighting standards, signs and driveways within the tract and
within 100 feet of the tract. Sidewalks shall be shown from each building
entrance/exit along expected paths of pedestrian travel, such as but
not limited to access to parking lots, driveways, other buildings
on-site and across common yard areas between buildings. Plans shall
be accompanied by cross sections of new streets, aisles, lanes, driveways,
sidewalks and bikeways. Any expansion plans for the proposed use shall
show feasible parking and loading to accompany the building expansion.
(c)
Natural resources and landscaping plan. [For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 335-77K(3)]. This plan shall show one-hundred-year flood hazard areas, wetlands, wetland transition areas, wooded areas, buffer areas, including the intended screening devices, seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees and other landscaping features. These plans shall show the location and type of man-made improvements, including the location, number, species and caliper of new plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be planted utilizing combinations such as shrubbery, lawn area, ground cover, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control and floodplain regulations in Article V, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
(d)
Facilities plan. This plan shall show the existing and proposed locations of all drainage and stormwater runoff; open space; recreation areas; common property; fire hydrants, gas, electric, telephone, cable television, sanitary and storm sewers and water line locations; satellite and radio antenna locations, if any; and solid waste collection and disposal methods, including compliance with the recycling requirements. Drainage facilities shall include facilities to comply with the stormwater runoff provisions in Article V. The method of sewage treatment and solid waste disposal shall be shown. The proposed grades, sizes, capacities and materials to be used for facilities installed by the developer shall be included. Installations by utility companies need only show their locations on the plat. All public services shall be connected to an approved public system. All easements acquired or required on tract and off-tract shall be shown, and copies of legal documentation that support the granting of an easement by the owner of an off tract lot shall be included. All proposed lighting shall be shown, including the location of each type of fixture and the details of each fixture including its height and the method of shielding the light source and avoiding off-site spillage of light.
(e)
Flood hazard area. Any development containing a flood hazard area shall comply with the floodplain regulations (Article V). No building, material or similar site improvement shall be placed in a flood hazard area, except in accordance with a permit that may be issued by the New Jersey Department of Environmental Protection, Division of Water Resources. Primary consideration shall be given to preserving the floodway so as to assure maximum capacity for the passage of flood flows without aggravating flood conditions upstream and downstream.
(3)
A site plan for construction of a condominium development shall have all block and lot numbers included in accordance with numbers assigned by the Borough Tax Assessor and shall follow the procedure for preliminary subdivision plats in § 335-32C(17).
D.
Final site plan plat. The plat shall follow preliminary
site plan requirements and shall include all changes required as a
condition of preliminary approval.
