A.
The purpose of good subdivision and site design is
to create a functional and attractive development, to minimize adverse
impacts and to ensure that a project will be an asset to a community.
This article presents design standards which set forth specific improvement
requirements.
B.
The developer shall only be permitted to build the
maximum density, intensity of development and floor area ratio permitted
by the zone district requirements schedule where it is demonstrated
that the development adheres to all applicable ordinances, including
the design standards set forth herein and creates no exceptional adverse
impact.
C.
The purpose of the standards is to ensure that the
design of a new development gives appropriate consideration to the
scale and character of the existing neighborhood in which a development
is to be located.
A.
Street extensions. The arrangement of collector streets
shall be such as to provide for the extension of existing collectors.
Local streets shall not be made continuous or so aligned that one
subdivision adds unduly to the traffic generated by a local street
in another subdivision.
B.
Classification of streets.
(1)
In any major subdivision it shall be the duty of the
Planning Board to classify proposed streets according to their types.
The Planning Board, in making its decisions, shall refer to the Master
Plan and shall consider conditions within the subdivision and surrounding
area. Other design characteristics of streets are shown on Table A,
Dimensions of Streets.[1] Definitions of "streets," as set forth in the Master Plan,
are as follows:
(a)
MINOR COLLECTORS — Any street which is
intended to gather traffic from a series of local streets and distribute
it to major collectors or minor arterials. The right-of-way shall
be 60 feet.
(b)
RESIDENTIAL ACCESS OR LOCAL STREET — A
street intended primarily for access to individual properties and
designed for local traffic having either origins or destinations on
the street. If it can serve traffic having origin and destination
other than on the street, it shall be considered a collector. Required
right-of-way is 50 feet.
(c)
SPECIAL PURPOSE STREETS — Design guidelines
for cul-de-sac, marginal access and stub streets shall be dependent
upon the anticipated traffic volume and be consistent with the standards
set forth in the Circulation Plan Element of the Master Plan.
(2)
Waiver of classification definitions. In those instances
where a proposed subdivision abuts an existing subdivision where existing
stub or cul-de-sac streets may be extended, the Planning Board may
deem such extended streets local in nature for purposes of classification,
provided that such extended street is likely to serve traffic having
either origins or destinations on the street.
C.
Table of dimensions. Right-of-way widths, measured
from lot line to lot line, graded widths, paving widths and other
items shall be not less than shown on the appended table and diagrams,
unless otherwise indicated on the Master Plan or the Official Map,
when adopted.
TABLE A
| ||
---|---|---|
Dimensions of Streets
| ||
Minor or Local Residential Streets
|
Collector Streets
| |
Right-of-way width
|
50 feet
|
60 feet
|
Paving widths
|
30 feet
|
36 feet
|
Curb radii at intersections
|
30 feet
|
35 feet
|
Length of tangents between reverse curves
|
0
|
200 feet
|
Minimum radii to center line of curves
|
180 feet*
|
500 feet
|
Straight line maximum at center line
|
500 feet
|
3,000 feet
|
Maximum center line grades
|
10%
|
8%
|
Minimum center line grades
|
0.75%
|
0.75%
|
Cul-de-sac right-of-way radii
|
60 feet
|
—
|
Cul-de-sac paving radii
|
50 feet
|
—
|
Minimum spacing of intersections (see § 185-21)
|
* NOTE: Where, because of shape of tracts to
be subdivided or topography, it is not feasible to adhere to a minimum
radius of 180 feet, the minimum pavement must be widened as the radius
decreases to accommodate the widened path of a turning vehicle as
follows:
|
Radius
(feet)
|
Added Pavement Width
(symmetrically)
(feet)
|
---|---|
180 or more
|
0
|
150 to 179
|
2
|
125 to 149
|
3
|
100 to 124
|
4
|
75 to 99
|
6
|
D.
Nonresidential streets. The widths of internal streets
in business or industrial developments designed in accordance with
a comprehensive site plan shall be approved by the Planning Board
considering the circumstances of the particular situation and with
the intent of assuring the maximum safety and convenience of access
for traffic and fire-fighting equipment, circulation and parking,
including provisions for the loading and unloading of goods.
E.
Reserve strips. There shall be no reserved strips
or areas for controlling access to streets, except where control and
disposal of the land comprising such strips or areas have been placed
in the hands of the governing body under conditions approved by the
Planning Board.
F.
Subdivisions on existing streets. When a subdivision
abuts on an existing street, it shall be widened (if necessary) and
improved to conform to this chapter. If the subdivision is only a
small part of a longer run of a substandard street and such improvement
would produce a hazardous sawtooth arrangement, the municipality,
on the advice of the Planning Board, may elect to receive a cash payment
in lieu of the improvements and to hold the same in a separate escrow
account until continuous improvement of the street can be accomplished.
H.
The crown slope. The crown on minor streets shall
not be less than six inches in order to provide for proper surface
drainage.
I.
Cut and fill slopes. To prevent gulleying and erosion,
street cuts and streets on fill shall be provided with side slopes
no steeper than one vertical to two horizontal or shall be equipped
with cribbing, loose concrete blocks or other form of retaining wall.
Such slopes, including cribbing and blocks, shall be suitably planted
with perennial grasses or other vegetation in accordance with a plan
approved by the Planning Board and shall be suitably maintained for
a period of two years.
J.
Street names.
(1)
Street names and subdivision names shall not duplicate
or nearly duplicate the names of existing streets or subdivisions
in the municipality or surrounding communities. The continuation of
an existing street shall have the same name.
(2)
Ending of proper street names should reflect street
classification and differing types of streets in a development. As
a guide, the following terminology is provided:
Street Function
|
Appropriate Street Name
|
---|---|
Collector
|
Drive, Way, Boulevard
|
Local
|
Road, Street, Avenue
|
Cul-de-sac
|
Lane, Court, Place, Circle
|
(3)
The developer shall submit, in writing, a list of
all proposed street names for any new development. This list is to
be forwarded by the Township to the appropriate postmaster serving
the particular zip code for review and verification of nonconflicting
names within the zip code. The Township Committee shall then make
final determination and recommendation for accepting new street names
and will so notify the Planning Board, Township Assessor and the developer
of its decision.
K.
Alleys. The following shall apply to the design and
location of alleys:
(1)
Public alleys shall not be permitted in residential
developments, except by permission of the Planning Board. Where public
alleys are permitted in residential developments, they shall be 20
feet wide and paved for the full width.
(2)
Alleys serving commercial and industrial establishments
are required unless other provisions for service are approved by the
Planning Board. Alleys serving such establishments shall have a paved
width of at least 24 feet. If it is impossible for an alley to go
through a block, the alley shall be provided with a standard cul-de-sac
turnaround at its closed end.
L.
Cul-de-sac or dead-end turnarounds.
(1)
Culs-de-sac or dead-end turnarounds of a permanent
nature shall provide a turnaround at the end with a right-of-way radius
equal to 30 feet.
(2)
The maximum length of a cul-de-sac shall be 600 feet
to the turning circle.
(3)
Where a cul-de-sac street design is proposed to be
located within an existing treed environment, the Planning Board may
consider an alternate lot design treatment whereby minimum lot width
on the cul-de-sac may be reduced to 1/2 the required lot width for
a standard frontage lot. Such lot width reduction shall result in
a shorter cul-de-sac length and, therefore, less destruction of the
existing treed environment in order to be favorably considered by
the Planning Board.
A.
Angle of intersections. No more than two streets shall
cross the same point. Street intersections shall be at right angles
wherever possible, and intersections of less than 60° (measured
at the center line of streets) shall not be permitted.
B.
Spacing. Only one point of access and one point of
egress may be allowed each property, except where large frontages
(1,000 feet or larger) are present. In those latter cases, streets
shall not enter the same side of collector streets at intervals less
than 800 feet. Streets which enter a collector street from opposite
sides shall either be directly opposite to each other or they shall
be separated by at least 200 feet between their center lines, measured
along the center line of the intersected street.
C.
Approaches. Approaches of any collector street to
any intersection with another collector street shall follow a straight
line course within 100 feet of the intersection.
D.
Extra widths. Where a nonresidential collector street
or a collector street serving more than 100 residential lots or dwelling
units intersects with another collector, both the right-of-way and
the pavement shall be widened by 24 feet for a distance of 200 feet
back from the intersection of the right-of-way lines.
E.
Sight triangles. In addition to right-of-way widths
required for full length of streets and wider intersections as specified
above, sight triangles shall be dedicated as follows: the area bounded
by the right-of-way lines and a straight line connecting sight points
on street center lines which are the following distances from the
intersection of the center lines:
F.
Sight triangle prohibited obstructions. No fences
or any other obstruction nor any planting exceeding 30 inches in height
as measured horizontally from the center line of the road may be placed
in any sight triangle.
G.
Property access. Unless necessary to provide access
to a lot in separate ownership existing before the date of this chapter,
no driveway access to property or additional street intersection may
be permitted within the extra widths or sight triangles as specified
herein.
H.
Street and neighborhood or directional signs. Street
signs shall have reflectorized white letters on a green background.
Letters shall be four inches high, except those marking collector
or primary streets, which shall be six inches high. Signs shall be
placed in accordance with the Manual on Uniform Traffic Control Devices,
latest edition. At the discretion of the Planning Board, similar neighborhood
or directional signs, with letters eight inches high, may be permitted
or required.
[Amended 9-27-2006 by Ord. No. 784]
Vertical (straight-face) curbs shall be required
in all subdivisions and wherever sidewalks are required. Curb cuts,
mountable curbs or ramps shall be provided wherever sidewalks cross
streets to accommodate wheelchairs and bicycles in accordance with
New Jersey Barrier Free Design Criteria.
Culverts shall have headwalls and railings,
where necessary, placed on right-of-way lines unless the stream flow
is judged minor by the Planning Board and the Township Engineer. In
this case, at the option of the developer, pipes may be extended no
less than 25 feet beyond the right-of-way line, and a single head
wall may be built to grade on the upstream side without a railing.
Because of traffic hazard, intruding curbs and abutments near the
paving line are prohibited.
A.
Sidewalks shall be installed in all types of major
developments and shall be installed along both sides of all streets,
along full frontage of all subdivisions and wherever pedestrian traffic
is expected. In nonresidential development, sidewalks will be installed
at the discretion of the Board, depending upon the probable volume
of pedestrian traffic, the location of the development in relation
to other populated areas and the general type of improvement needed.
[Amended 9-27-2006 by Ord. No. 784]
B.
Where the Board determines that sidewalks are optional,
they may be required if close to pedestrian generators to continue
a walk on an existing street, to link areas or, depending on probable
future development, as indicated in local master plans.
C.
In conventional development, sidewalks shall be placed
in the right-of-way, parallel to the street, a minimum of four feet
back from the curbline, unless a waiver has been granted by the Board
to preserve topographical or natural features or to provide visual
interest or unless the applicant shows that an alternative pedestrian
system provides safe and convenient circulation. In commercial and
in high density residential areas, sidewalks may abut the curb.
D.
Pedestrian way easements may be required by the Planning
Board through the center of blocks to provide circulation or access
to schools, playgrounds, shopping or other community facilities.
E.
Sidewalk width shall be a minimum of four feet. Wider
widths may be required, at the discretion of the Planning Board, near
pedestrian generators and employment centers. Where sidewalks are
installed in parking areas, parked vehicles shall not overhang or
extend over the sidewalk width unless an additional two feet of sidewalk
is provided to accommodate such overhang. All sidewalks and aprons
shall be of 4,000 PSI concrete installed on a stable base.
[Amended 9-27-2006 by Ord. No. 784]
F.
Sidewalks shall be required within a one-mile radius
of all elementary schools and a two-mile radius of all secondary and
high schools.
[Added 9-27-2006 by Ord. No. 784]
A.
Lot size. Every lot shall be suitable for its intended
use and shall contain a developable area which shall not be less than
80% of the minimum required lot area of the applicable zone district
or 5,000 square feet, whichever is greater. The developable lot area
shall be calculated by subtracting from the total area those portions
of the lot which contain any of the following features: wetlands,
steep slopes with a gradient of 15% or greater, and easements.
B.
Lot and house numbers. House and lot numbers shall
be assigned each lot by the Township Engineer or Construction Code
Official.
C.
Side lot lines. Insofar as is practical, side lot
lines shall be at right angles to straight streets and radial to curved
streets.
D.
Lot frontage and width. Each lot shall front on an
approved street accepted by the municipality. Frontage shall be measured
along a straight line between points where side lines meet street
lines, e.g., the chord of a circle in a cul-de-sac.
F.
Unsuitable lots. All lots shall be suitable for the
purpose for which they are intended to be used. In order to prevent
the use of lots which are not suitable because of adverse topography,
flood conditions or similar circumstances, the Planning Board may
require such revisions in the layout of the subdivision as will accomplish
one of the following:
(1)
The area of the unsuitable lots is included in other
lots by increasing the size of the remaining lots;
(2)
It is included in an area to be deeded to the municipality
and held in its natural state for conservation and/or recreation purposes;
or
(3)
Some other suitable arrangement, such as common ownership
made permanent by deed covenants running with the land, is made.
G.
Flag lots. Flag lots may be subdivided from a property
having an existing single-family freestanding dwelling unit either
close to the street and an adequate area behind that house or having
an existing dwelling unit in the back and an adequate area in front.
If the front of the property can be subdivided into a conforming lot,
a private access strip 50 feet wide and not more than 400 feet long
may be permitted, provided that the rear lot is also otherwise conforming.
If the access strip is more than 400 feet long or serves more than
one dwelling unit, access to the rear shall be only by a standard
municipal street and a cul-de-sac turnaround dedicated as a public
road. Placement of a private driveway within the required access strip
shall provide for a minimum 15 foot open space grass or landscaped
area between the adjacent property line and edge of paved access driveway.
H.
Residential lots shall front on local streets.
I.
Every lot shall have access to it that is sufficient
to afford a reasonable means of ingress and egress for emergency vehicles.
A.
Utility installation easements. Easements for utility
installations may be required. Easements for sanitary sewer lines
shall be constructed in such a manner so that all manholes have permanent,
unrestricted access for highway-type trucks for the purpose of maintaining
said sewer lines. Said easements shall be at least 20 feet in width
or wider, if necessary, of which an area of 12 feet in width by 12
inches in depth shall consist of quarry blend with filter fabric with
sufficient space for vehicles to turn around located at least every
1,200 feet. Such easement area may be seeded as long as the formation
and strength of the same is not diminished.
B.
Drainage and conservation easements. If the property
on which a proposed subdivision is to be located is traversed by a
watercourse of any kind, including a channel or a stream, the Planning
Board may require that a stormwater and drainage easement and right-of-way
along said watercourse be provided by the subdivider. The land which
is the subject of such easement and right-of-way shall be a strip,
which conforms substantially to the floodplain of such watercourse
along both sides of the watercourse or extends along both sides of
the top of the bank of the watercourse to a width of 15 feet in each
direction or is not less than an encroachment line established by
a competent higher authority, whichever is the greater; except, however,
that if the location of such watercourse is at or near the boundary
of the subdivision, the dimensions of the easement and right-of-way
shall be modified to retain it within the confines of the subdivision.
Said easement and right-of-way shall include provisions assuring the
following: preservation of the channel of the watercourse; prohibition
of alteration of the contour, topography or composition of the land
within the easement and right-of-way; prohibition of construction
within the boundaries of the easement and right-of-way which will
obstruct or interfere with the natural flow of the watercourse; and
reservation to the Public Works Department of a right of entry for
the purposes of maintaining the natural flow or drainage of the watercourse,
of maintaining any and all structures related to the exercise of the
easement and right-of-way and of installing and maintaining storm
or sanitary sewer systems or other public utility and the right to
add additional utility lines when needed.
In subdivision and site design, the following
areas shall be preserved:
A.
Wetlands (as defined in Section 404, Federal Water
Pollution Control Act Amendments of 1972, and delineated on wetlands
maps prepared by the United States Fish and Wildlife Service, and/or
N.J.A.C. 7:7A, the New Jersey Freshwater Protection Act Rules, field
verified by an on-site inspection).
B.
Significant trees, defined as the largest known individual
trees of each species in New Jersey as listed by the New Jersey Department
of Environmental Protection (NJDEP), Bureau of Forestry; large trees
approaching the diameter of the known largest tree; and/or species
that are rare to that area or of particular horticultural or landscape
value.
C.
Lands identified as floodways or V-zones on the current
Flood Insurance Rate Map.
D.
Steep slopes, in excess of 15% as measured over a
ten-foot interval unless appropriate engineering measures concerning
slope stability, erosion and resident safety are taken.
E.
Habitats of endangered wildlife, as identified on
federal or state lists.
F.
Historically significant structures and sites, as
listed on the federal or New Jersey list of historic places.
A.
Dry sewers shall be required in all developments whether
or not such sewers can be put to immediate use, provided that the
development is in a state-approved sanitary sewer service area.
B.
In the case of all major/minor subdivisions or site
plans where sewer lines, which will pass in front of existing lots,
are to be installed, the developer, as a condition of approval, shall
provide:
A.
Purpose.
(1)
Landscaping shall be provided as part of subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site and creating a pleasing site character.
(2)
Landscaping may include plant materials, such as trees,
shrubs, ground cover, perennial and annuals and other materials such
as rocks, water, sculpture, art, walls, fences and building and paving
materials.
B.
Landscape plan. A landscape plan prepared by a qualified
professional shall be submitted with each major subdivision application,
unless an exception is granted. The plan shall identify existing and
proposed trees, shrubs, ground cover, natural features and other landscaping
elements. The plan should show where they are or will be located and
planting and/or construction details. When existing natural growth
is proposed to remain, applicant shall include in the plans proposed
methods to protect existing trees and growth during and after construction.
C.
Site protection and general planting requirements.
(1)
Topsoil preservation. Topsoil moved during the course
of construction shall be redistributed on all regraded surfaces at
least four inches of even cover to all disturbed areas of the development
and shall be stabilized by seeding or planting.
(2)
Removal of debris. All stumps and other tree parts,
litter, brush, weeds, excess or scrap building materials, or other
debris shall be removed from the site and disposed of in accordance
with the law. No tree stumps, portions of tree trunks or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips, they may, subject to approval of the Municipal Engineer,
be used as mulch in landscaped areas. A developer shall be exempt
from these provisions, however, and shall be permitted to dispose
of site-generated new construction wastes on-site as long as the conditions
set forth in N.J.A.C. 7:26-1.7 are met.
(3)
Protection of existing plantings. Maximum effort should
be made to save fine specimens (because of size or relative rarity).
No material or temporary soil deposits shall be placed within four
feet of shrubs or 10 feet of trees designated to be retained on the
preliminary and/or final plat. Protective barriers or tree veils shall
be installed around each plant and/or group of plants that are to
remain on the site. Barriers shall not be supported by the plants
they are protecting, but shall be self-supporting. They shall be a
minimum of four feet high and constructed of a durable material that
will last until construction is completed. Snow fences and silt fences
are examples of acceptable barriers.
(4)
Slope plantings. Landscaping of the area of all cuts
and fills and/or terraces shall be sufficient to prevent erosion,
and all roadway slopes steeper than one foot vertically to three feet
horizontally shall be planted with ground covers appropriate for the
purpose and soil conditions, water availability and environment.
(5)
Additional landscaping. In residential developments,
besides the screening and street trees required, additional plantings
or landscaping elements shall be required throughout the subdivision
where necessary for climate control, privacy or for aeshetic reasons
in accordance with a planting plan approved by the municipal agency.
At a minimum, the equivalent of at least two shrubs and one shade
or ornamental tree of two-and-one-half-inch caliper or greater shall
be provided for each 1,500 square feet of area of a residential development
not covered by buildings or improvements. Existing healthy specimen
trees may be included in satisfying these requirements. These plantings
shall be in addition to any other landscaping requirements, including
landscaping of buffer areas.
(6)
Planting specifications. Deciduous trees shall have
at least a two-and-one-half-inch caliper at planting. Size of evergreens
and shrubs shall be allowed to vary depending on setting and type
of shrub. Only nursery-grown plant materials shall be acceptable;
and all trees, shrubs and ground covers shall be planted according
to accepted horticultural standards. Dead or dying plants shall be
replaced by the developer during the following planting season.
(7)
Plant species. The plant species selected should be
hardy for the particular climatic zone in which the development is
located and appropriate in terms of function and size.
D.
Street trees.
(1)
Location.
(a)
Street trees shall be installed on both sides
of all streets in accordance with the approved landscape plan. Trees
shall either be massed at critical points or spaced evenly along the
street, or both.
Tree Size
(feet)
|
Planting Interval
(feet)
|
---|---|
Large trees (40 or more)
|
50
|
Medium-sized trees (30 to 40)
|
40
|
Small trees (up to 30)
|
30
|
(b)
If a street canopy effect is desired, trees
may be planted closer together, following the recommendations of a
certified landscape architect. The trees shall be planted so as not
to interfere with utilities, roadways, sidewalks, sight easements
or streetlights. Tree location, landscaping design and spacing plan
shall be approved by the Planning Board as part of the landscape plan.
(2)
Tree type. Tree type may vary depending on overall
effect desired, but as a general rule, all trees shall be the same
kind on a street, except to achieve special effects. Selection of
tree type shall be approved by the Planning Board.
(3)
Planting specifications. All trees shall have a caliper
of two inches, and they shall be nursery grown, of substantially uniform
size and shape and have straight trunks. Trees shall be properly planted
and staked and provision made by the applicant for regular watering
and maintenance until they are established. Dead or dying trees shall
be replaced by the applicant during the next planting season.
E.
Street furniture.
(1)
Street furniture, such as but not limited to trash
receptacles, benches, phone booths, etc., shall be located and sized
in accordance with their functional needs.
(2)
Street furniture elements shall be compatible in form,
material and finish. Style shall be coordinated with that of the existing
or proposed site architecture.
(3)
Selection of street furniture shall consider durability,
maintenance and long-term cost.
In order to ensure that future development is
designed to accommodate the recycling of solid waste, subdivision
applications shall adhere to the following:
A.
Each major application for residential development
shall include provisions for the collection, disposition and recycling
of recyclable materials. For major applications, each single-family
unit or unit within a two-family dwelling should provide at least
12 square feet of floor area conveniently arranged and located as
a holding area for a four-week accumulation of materials. Such an
area may be within a laundry room, basement or garage.
Major subdivision developments shall be required
to provide open space.
A.
Minimum requirements.
(1)
Amount of open space required. At least 20% of the
developable acreage of a tract proposed for development shall be set
aside for developed and undeveloped open space.
(2)
Size of open space parcels. The area of each parcel
of open space designed for active recreational purposes shall be of
such minimum dimensions as to be functionally usable.
(3)
Location of open space parcels. Open space parcels
should be convenient to the dwelling units they are intended to serve.
However, because of noise generation, they should be sited with sensitivity
to surrounding development.
B.
Recreation improvements.
(1)
Passive recreation areas, such as pathways, seating
areas and lawns, shall be provided, suitably arranged, throughout
any multifamily site.
(2)
In addition, an active recreation area or areas shall
be provided at the rate of at least 250 square feet per dwelling unit.
Outdoor play equipment shall be installed in each recreation area
in sufficient amount and variety to service the occupants of the project.
If a swimming pool area or areas are to be installed, they are to
include a pool of a size at least equivalent to 15 square feet per
unit, except no pool less than 500 square feet will be allowed, and
no pool greater than 3,000 square feet shall be required. An auxiliary
building or buildings providing for lavatories and storage shall also
be erected in conjunction with pools.
C.
Deed restrictions. Any lands dedicated for open space
purposes shall contain appropriate covenants and deed restrictions
approved by the Township Committee to ensure that:
(1)
The open space area will not be further subdivided
in the future.
(2)
The use of the open space will continue in perpetuity
for purpose specified.
(3)
Appropriate provisions are made for the maintenance
of the open space.
(4)
Common undeveloped open space shall not be turned
into a commercial enterprise admitting the general public at a fee.
D.
Open space ownership. The type of ownership of land
dedicated for open space purposes shall be selected by the owner,
developer or subdivider, subject to the approval of the Township Committee.
Type of ownership may include, but is not necessarily limited to,
the following:
(1)
The municipality, subject to approval by the governing
body.
(2)
Other public jurisdictions or agencies, subject to
their acceptance.
(3)
Quasi-public organizations, subject to their acceptance.
(4)
Homeowner, condominium or cooperative associations
or organizations.
(5)
Shared, undivided interest by all property owners
in the subdivision.
E.
Homeowners' association. If the open space is owned
and maintained by a homeowners' or condominium association, the developer
shall file a declaration of covenants and restrictions that will govern
the association to be submitted with the application for the preliminary
approval. The provisions shall include, but are not necessarily limited
to, the following:
(1)
The homeowners' association must be established before
the homes are sold.
(2)
Membership must be mandatory for each home buyer and
any successive buyer.
(3)
The open space restrictions must be permanent, not
just for a period of years.
(4)
The association must be responsible for liability
insurance, local taxes and the maintenance of recreational and other
facilities.
(5)
Homeowners must pay their pro rata share of the costs;
the assessment levied by the association shall become a lien on the
property and be so stated in the master deed establishing the homeowners'
association.
(6)
The association must be able to adjust the assessment
to meet changed needs.
F.
Maintenance of open space areas.
(1)
In the event that a nonmunicipal organization with
the responsibility for the open space fails to maintain it in reasonable
order and condition, the Township Committee may serve written notice
upon such organization or upon the owners of the development setting
forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be remedied within
35 days thereof and shall state the date and place of a hearing thereon
which shall be held within 15 days of the notice.
(2)
At such hearing, the Township Committee may modify
the terms of the original notice as to deficiencies and may give a
reasonable extension of time not to exceed 65 days within which they
shall be remedied. If the deficiencies set forth in the original notice
or in the modification thereof shall not be remedied within said 35
days or any permitted extension thereof, the municipality, in order
to preserve the open space and maintain the same, may enter and maintain
such land for a period of one year. Said entry and maintenance shall
not vest in the public any rights to use the open space, except when
the same is voluntarily dedicated to the public by the owners. Before
the expiration date of said year, the Township Committee shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development to be held by the Township Committee at which hearing
such organization and the owners of the development shall show cause
why such maintenance by the municipality shall not, at the election
of the municipality, continue for a succeeding year. If the Township
Committee shall determine that such organization is ready and able
to maintain said open space in reasonable condition, the municipality
shall cease to maintain said open space at the end of said year. If
the Township Committee shall determine such organization is not ready
and able to maintain said open space in a reasonable condition, the
municipality may, in its discretion, continue to maintain said open
space during the next succeeding year, subject to a similar hearing
and determination, in each year thereafter. The decision of the municipal
body or officer in any such case shall constitute a final administrative
decision subject to judicial review.
(3)
The cost of such maintenance by the municipality shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien and shall be
a lien and tax on said properties and be added to and be a part of
the taxes to be levied and assessed thereon and shall be enforced
and collected with interest by the same officers and in the same manner
as other taxes.
G.
Cash contribution in lieu of facilities.
(1)
The amount of contribution required pursuant hereto
shall be determined by the estimated cost of the recreation facilities
and equipment that would otherwise be required for the proposed development,
which shall also take into consideration the value of the additional
lots that the developer will have for sale, and shall be prorated
over the total number of building lots, as shown on the preliminary
plans submitted by the applicant and approved by the Planning Board
in order to determine a per lot amount. The amount of the contribution
to be provided pursuant to this subsection shall not be less than
$1,500 per lot.
[Amended 4-26-2006 by Ord. No. 779]
(2)
Payment of the contribution required pursuant hereto
shall be made prior to the issuance of a building permit for the lot
for which the cash contribution is made. If a cash contribution is
required for several lots in a major subdivision development, the
cash contribution must be paid only for that lot or those lots for
which a building permit is issued.
[Amended 5-21-2008 by Ord. No. 806]
(3)
The cash contribution shall be used exclusively for
park and recreation purposes and shall be placed in the current budget
line item designated “Parks and Recreation, Other Expenses.”
Carneys Point Township reserves the right to use said funds for a
purpose related to recreation anywhere within the Township of Carneys
Point.
[Amended 5-21-2008 by Ord. No. 806]
A.
All major site plans and major subdivisions, including
cluster developments and multifamily developments, shall be reviewed
by the Fire Chief. The applicant shall submit to the Fire Chief or
other appropriate fire officials complete plans of the proposed development
and shall obtain from the Fire Chief or appropriate fire officials
written comments as to what items shall be incorporated into the design
of the proposed development to allow at all times adequate access
for fire-fighting and emergency vehicles. The applicant shall incorporate
in the site design all fire safety and fire protection devices and
provisions as required by the Fire Chief or his designee. In the case
of all major site plans, fire hydrants conforming to the spacing and
recommendations of either the National Fire Protection Association
or the Township Fire Chief shall be required on the site plan and
shall be a specific requirement of Carneys Point Township.
B.
Every development (subdivided or unsubdivided) that
is served by a public water system shall include a system of fire
hydrants sufficient to provide adequate fire protection for the buildings
located or intended to be located within such development. The average
area per hydrant typically should not exceed 120,000 square feet.
C.
The presumption established by this chapter is that to satisfy the standard set forth in Subsection B, fire hydrants located on Township property must be located so that all parts of every building with the development may be served by a hydrant by laying not more than 1,000 feet of hose connected to such hydrant. However, the Fire Chief may authorize or require a deviation from this standard if, in his professional opinion, another arrangement more satisfactorily complies with the standard set forth in Subsection B.
D.
The Fire Chief shall determine the precise location
of all fire hydrants, subject to the other provisions of this section.
If these locations are not acceptable to the developer, he may request
the opinion of another fire professional. The ultimate resolution
of any dispute shall rest with the Planning Board. In general, fire
hydrants shall be placed six feet behind the curbline of publicly
dedicated streets that have curb and gutter.
E.
The Fire Chief shall determine the design standards
of all hydrants based on fire flow needs. Unless otherwise specified
by the Fire Chief, the size, type and installation of hydrants shall
conform to generally accepted standards.
F.
Water lines that serve hydrants shall be at least
six-inch lines, and unless no other practicable alternative is available,
no such lines shall be dead-end lines.
G.
Whenever a central water supply system services a
development, provision shall be made for fire hydrants along streets
and/or on the walls of nonresidential structures as required by the
Planning Board and approved by the Township Engineer and Fire Chief
in accordance with Fire Insurance Rating Organization Standards. Fire
hydrants shall have an independent below-ground shutoff valve and
are to be installed in conformance with the specifications in this
section.
H.
Where streams or ponds exist or are proposed on lands
to be developed, facilities will be provided to draft water for fire-fighting
purposes. This shall include access to a public street suitable for
use by fire-fighting equipment and construction of or improvements
to ponds, dams or similar on-site and off-site development, where
feasible. Such facilities shall be constructed to the satisfaction
of the Township Engineer and Fire Chief and in accordance with Fire
Insurance Rating Organization Standards.
I.
In rural areas where a public water supply is not
feasible and no stream or pond exists or is proposed, the developer
may be required to install an alternative system to provide a water
supply for fire-fighting purposes. This alternative system shall provide
for the following:
A.
As a condition of final subdivision or site plan approval,
the Planning Board may require an applicant, as per the requirements
contained in N.J.S.A. 40:55D-42, to pay his pro rata share of the
cost of providing reasonable and necessary street improvements and
water, sewerage and drainage facilities, and easements therefor located
outside the property limits of the development but necessitated or
required by construction or improvements within such development.
The proportionate or pro rata amount of the cost of such facilities
that shall be borne by each developer or owner within a related or
common area shall be based on the criteria established herein.
B.
In cases where the reasonable and necessary need for
an off-tract improvement or improvements is necessitated or required
by the proposed development application and where no other property
owners receive a special benefit thereby, the applicant may be required,
as a condition of approval, at the applicant's sole expense, to provide
for and construct such improvements as if such were an on-tract improvement
in the manner provided hereafter and otherwise provided by law.
C.
In cases where the need for any off-tract improvement
is necessitated by the proposed development application and where
it is determined that properties outside of the development will also
be benefited by the improvement, the following criteria shall be utilized
in determining the proportionate share of such improvements to the
developer:
(1)
Sanitary sewers. For distribution facilities, including
the installation, relocation or replacement of collector, trunk and
interceptor sewers and the installation, relocation or replacement
of other appurtenances associated therewith; the applicant's proportionate
share shall be computed as follows:
(a)
The capacity and the design of the sanitary
sewer system shall be based on Rules and Regulations for the Preparation
and Submission of Plans for Sewerage Systems. NJDEP and all Carneys
Point Township sewer design standards, including infiltration standards,
and all other Township stormwater drain standards.
(b)
The capacity of the existing system to service
the entire improved drainage area shall be computed.
[1]
If the system is able to carry the total developed
drainage basin, no improvement or enlargement cost will be assigned
to the developer.
[2]
If the existing system does not have adequate
capacity for the total developed drainage basin, the prorated enlargement
or improvement share shall be computed as follows:
Total enlargement or
improved cost
|
=
|
Total tributary gallons
per day
|
Developer's cost
|
Development gallons per day
|
[3]
If it is necessary to construct a new system
in order to service the proposed development, the prorated enlargement
share to the developer shall be computed as follows:
Total tributary gallons per day
| ||
Total project cost
|
=
|
to new system
|
Developer's cost
|
Development tributary gallons per day
|
[4]
The plans for the improved system or extended
system shall be prepared by developer's engineer. All work shall be
calculated by the developer and approved by the Township Engineer.
(2)
Roadways. Street widening, alignment, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
uncovered elsewhere, the construction or reconstruction of new or
existing streets and other associated street or traffic improvements:
the applicant proportionate cost shall be as follows:
(a)
The applicant shall provide a traffic impact
study if deemed necessary by the Planning Board. This study should
contain the existing and anticipated future peak hour flows and address
the adequacy of roads/intersections affected by the proposed development.
(b)
The applicant shall furnish a plan for the proposed
off-tract improvement which shall include the estimated peak hour
traffic generated by the proposed development. The ratio of the peak
hour traffic generated by the proposed development to the future additional
peak hour traffic anticipated to impact the proposed off-tract improvement
shall form the basis of the proportionate share. The proportionate
share shall be computed as follows:
Developer's Cost
|
=
|
Total cost of the off-tract improvement
|
x
|
Future peak hour traffic generated by the developer
(%) future additional peak hour traffic
|
(3)
Drainage improvements. For stormwater and drainage
improvements, including the installation, relocation or replacement
of storm drains, culverts, catch basins, manholes, riprap or improved
drainage ditches and appurtenances thereto and relocation or replacement
of other storm drainage facility or appurtenances associated therewith;
the applicant's proportionate share shall be determined as follows:
(a)
The capacity and the design of the drainage
system to accommodate stormwater runoff shall be based on a method
described in Urban Hydrology for Small Watershed Technical Release
55, Soil Conservation Service U.S.D.A., January 1975, as amended,
computed by the developer's engineer and approved by the Township
Engineer.
(b)
The capacity of the enlarged, extended or improved
system required for the subdivision and areas outside of the developer's
tributary to the drainage system shall be determined by the developer's
engineer, subject to approval of the Township Engineer. The plans
for the improved system shall be prepared by the developer's engineer
and the estimated cost of the enlarged system calculated by the Township
Engineer. The prorated share for the proposed improvement shall be
computed as follows:
Total enlargement or improvement
cost of drainage facilities
|
=
|
Total tributary cfs
|
Developer's cost
|
Development cfs
|
D.
Where the proposed off-tract improvement is to be
undertaken at some future date, the moneys required for the improvement
shall be deposited to the credit of the Township in a separate account
until such time as the improvement is constructed. If the off-tract
improvement is not begun within 10 years of deposit, all moneys and
interest shall be returned to the applicant.
E.
In any case in which an applicant shall not provide
the approving authority with the estimates of a traffic consultant
and/or consulting engineer with regard to estimated improvement costs
and all other information necessary to proportion costs, the approving
authority may rely on the estimates of the Township Engineer in order
to determine pro rata costs.
EXHIBIT 1
| ||
---|---|---|
Pavement Specifications
| ||
Material
|
Thickness
(inches)
| |
Local streets
| ||
Bituminous concrete surface course, Mix I-5
|
1.5
| |
Bituminous stabilized base course, Mix I-2
|
3.5
| |
Prime coat on gravel base
| ||
Gravel base course, soil aggregate, gradation
designation I-2 or I-3
|
61, 2, 3
| |
Collector streets
| ||
Bituminous concrete surface course, Mix I-5
|
1.5
| |
Bituminous stabilized base course, Mix I-2 (Laid
in two courses)
|
4.5
| |
Prime coat on gravel base
| ||
Gravel base course, soil aggregate, gradation
designation I-5
|
81, 2, 3
| |
If required by the Board Engineer, add subbase,
soil aggregate gradation designation I-2 or I-3
|
8
| |
Parking areas and aisles
| ||
Bituminous concrete surface course, Mix I-5
|
1.5
| |
Bituminous stabilized base course, Mix I-2
|
2
| |
Gravel base course, soil aggregate, gradation
designation I-5
|
4.51, 2
|
NOTES:
|
---|
1 Bituminous stabilized
course may be substituted for gravel base course on a one-inch-to-three-inch
ratio.
|
2 If subgrade is
approved as adequate by the Engineer, gravel base course may be completely
eliminated and bituminous stabilized base course may be substituted
on a one-inch-to-three-inch ratio.
|
3 Gravel base course
may be reduced to three-inch minimum if subbase is provided.
|
4 Subbase may be
required depending on subgrade soils, groundwater elevations and other
variables.
|
5 Portions of parking
areas and aisles likely to be subjected to significant heavy truck
traffic shall meet the standards for local streets. Parking areas
and aisles serving a total development of less than 20 parking spaces
with good subgrade soil conditions may utilize the following:
|
Material
|
Thickness
(inches)
|
---|---|
Bituminous concrete surface course Mix I-5
|
2
|
Gravel base course soil aggregate gradation
designation I-5
|
61, 2
|