Article XII Subdivision, Site Plan and Conditional Use Approval

Upon the submission of a complete application for a site plan which involves 10 acres of land or less or 10 dwelling units or fewer, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant.

Upon the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

Conditional uses. Upon the submission of a complete application for a conditional use, the Planning Board shall grant or deny preliminary approval of it within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

Subdivisions.

Upon the submission of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision, the Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant, except that if the application for subdivision approval also involves an application for a variance, the Board shall grant or deny preliminary approval within 95 days of the date of such submission of a complete application or within such further time as may be consented to by the applicant.

§ 203-105 Rights conferred by preliminary approval.

Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the subdivision, site plan or conditional use as submitted.

If the Planning Board requires any substantial amendments in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and shall proceed as in the case of the original application for development.

Nothing herein shall be construed to limit the right of a developer to submit a sketch plat to the Planning Board for an informal review, and neither the Planning Board nor the developer shall be bound by any discussions or statements during such review, provided that the right of the developer at any time to submit a complete application for subdivision or site plan approval shall not be limited to submission of a sketch plat, and the time for Planning Board decision shall not begin to run until the submission of a complete application.

The Planning Board will not provide any professional review, outside the Planning Board meetings, to applicants without the payment of a required escrow fee for review costs.

Preliminary approval of a major subdivision or site plan, except as provided in Subsection B of this section, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

[Amended 8-17-1992 by Ord. No. 1127-92]

That the general terms and conditions on which preliminary approval was granted should not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks, if any; lot size; yard dimensions and off-tract improvements; and in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting both for safety reasons and streetlighting; except that nothing herein shall be construed to prevent the Township of Hamilton from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

That 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 subdivision plat or site plan.

§ 203-106 Application for final approval.

That the applicant may apply for and the reviewing board may grant extensions of 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.

In the case of a subdivision or site plan of an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time longer than three years as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised by ordinance, such revised standards may govern.

Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A(3) or B of this section 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.

[Added 8-17-1992 by Ord. No. 1127-92]

The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board 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. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or before 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 Planning Board from granting an extension to Subsection A(3) or B of this section.

[Added 8-17-1992 by Ord. No. 1127-92]

The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that, in the case of a planned development, the reviewing body may permit minimal deviations from the conditions of preliminary approval necessitated by change of condition beyond the control of the developer since the date of preliminary approval without the developer's being required to submit another application for development for preliminary approval.

Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the period prescribed shall constitute final approval of the application as submitted. A certificate of the Secretary of the reviewing board as to failure of the reviewing board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other qualified evidence of approval.

A complete application for final approval shall consist of the following, where applicable:

A properly completed final subdivision or site plan approval form.

The required fee or fees.

A site plan in final form, including all the information shown on the preliminary plat and the conditions of preliminary approval.

A subdivision plat conforming to the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.

An application for final major subdivision and/or site plan approval (which such application shall include a final plat prepared in accordance with the requirements of this chapter) shall be submitted to the reviewing board within three years after the date of preliminary approval or any extension(s) thereof that the Planning Board may have granted pursuant to §§ 203-105A(3) or 203-105B.

[Added 8-18-2003 by Ord. No. 1472-2003]

§ 203-107 Effect of final approval.

Requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that, in the case of major subdivisions, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in this chapter, the reviewing board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provision of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to this chapter for the section granted final approval.

[Amended 8-17-1992 by Ord. No. 1127-92]

In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or a site plan of 150 acres or more, the reviewing board may grant the rights referred to in Subsection A of this section for such period of time longer than two years as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible after final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the reviewing board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the reviewing board 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.

Whenever the Planning Board grants an extension of final approval pursuant to Subsection A or B of 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.

[Added 8-17-1992 by Ord. No. 1127-92]

The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board 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 these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or before 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 Planning Board from granting an extension pursuant to Subsection A or B of this section.

[Added 8-17-1992 by Ord. No. 1127-92]

All conditions of final major subdivision and/or site plan approval shall be satisfied within 120 days of the date of final approval; provided that such requirement shall not apply to conditions that pertain solely to the requirements of other governmental agencies and authorities having jurisdiction over the proposed development; provided, further, that the reviewing board may grant one or more extensions of such one-hundred-twenty-day period in its discretion. Any developer desiring such an extension shall submit an application with the reviewing board on or before the expiration date of such one-hundred-twenty-day period or the expiration date of a previously granted extension, as may be applicable.

[Added 8-18-2003 by Ord. No. 1472-2003]

§ 203-108 Minor subdivisions.

The Planning Board may waive notice and public hearing for an application for development if the Development Review Committee finds that the application for development conforms to the definition of minor subdivisions set forth in this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to this chapter.

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Clerk for purposes of filing subdivision plats.

Except as provided in Subsection E of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless, within such period, a plat in conformity with such approval and 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 Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Act,[1] provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.

[Amended 8-17-1992 by Ord. No. 1127-92]

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

The zoning district 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 on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided herein.

[Amended 8-17-1992 by Ord. No. 1127-92]

The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection D of this section if the developer proves to the reasonable satisfaction of the Planning Board 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 Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

[Added 8-17-1992 by Ord. No. 1127-92]

The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board 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. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or before the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

[Added 8-17-1992 by Ord. No. 1127-92]

§ 203-109 Filing of plats.

[Amended 8-17-1992 by Ord. No. 1127-92]

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless, within such period, the plat shall have been duly filed by the developer with the County Clerk. The reviewing board may, for good cause shown, extend the period of recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing 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 length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the reviewing board or a certificate has been issued pursuant to Section 35, 38, 44, 48, 54 or 63 of P,L. 1975, c. 291.[1] The signatures of the Chairman and Secretary of the reviewing board shall not be affixed until the developer has posted the guaranties required pursuant to § 203-134 of this chapter.

§ 203-110 Exemptions and waivers from site plan requirements.

Editor's Note: See N.J.S.A. 40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67 and 40:55D-76.

[Amended 8-17-1992 by Ord. No. 1127-92; 2-1-1993 by Ord. No. 1140-93; 7-7-1997 by Ord. No. 1261-97]

Site plan review and approval shall be required for development except for:

Building permits for individual lot applications involving detached one- or two-dwelling-unit buildings;

Accessory uses for detached one- or two-dwelling-unit buildings.

A sign for an existing use which meets all requirements of this chapter, as determined by the Zoning Officer.

(Reserved)[1]

Editor's Note: Former Subsection A(4), concerning improvements, expansion, construction or reconstruction, was repealed 8-18-2003 by Ord. No. 1472-2003.

Repairs or alterations to an existing building or structure where the Zoning Officer determines that said alterations or repairs:

Will not result in additional to coverage;

Will conform to the maximum and minimum bulk standards set forth in this chapter;

Will not decrease the number of required off-street parking or loading spaces; and

Is not proposed in connection with a use requiring conditional use approval.

The development of a structure for the collection and storage (also known as a "recycling center") of recyclable materials at existing commercial or industrial uses located outside the Historic District and restaurants within the Historic District, provided that the Zoning Officer finds that the structure:

[Amended 4-18-2005 by Ord. No. 1524-2005]

Complies with the design standards established in § 203-122C(3).

Meets the required setbacks of the district in which it is located.

Does not result in the site development exceeding the permitted maximum lot coverage of the district in which it is located.

Does not impact designated parking spaces.

The development of a structure for the collection and storage of solid waste and recyclable materials at retail businesses, office and other nonrestaurant commercial uses in the Historic District provided that:

[Added 4-18-2005 by Ord. No. 1524-2005[2]]

The area of the enclosure is no larger than 32 square feet.

The enclosure shall be for the storage of covered trash cans and recycling buckets. Dumpsters shall be prohibited.

The enclosure shall be constructed of solid fencing of a style approved by the Historic Preservation Commission. The fencing shall not exceed six feet in height.

The enclosure may not be located in the front setback area or the side yard area in front of the rear line of the building.

The enclosure does not impact on designated parking spaces.

Editor’s Note: This ordinance also provided for the redesignation of former Subsection A(7) and (8) to Subsection A(8) and (9), respectively.

The clearing of land solely for agricultural purposes.

Installation of fences that comply with this chapter.

An application to co-locate wireless communication equipment on or within an existing personal wireless telecommunications facility, provided the application meets the following requirements:

[Added 10-1-2012 by Ord. No. 1728-2012]

The personal wireless telecommunications facility shall have been previously granted all necessary approvals by the appropriate approving authority.

The proposed co-location shall not increase:

The overall height of the wireless communication support structure or telecommunications tower by more than 10% of the original approved height;

The width of the wireless communications support structure or telecommunications tower; or

The square footage of the existing equipment compound to an area greater than 2,500 square feet.

The proposed co-location complies with the final approval of the personal wireless telecommunications facility and all conditions attached thereto and does not create a condition for which variance relief would be required pursuant to this chapter or any other applicable law, rule or regulation.

Accessory structure requirements for residential lots located within RD, FA, and AG Zoning Districts:

[Added 3-7-2022 by Ord. No. 1981-2022]

On lots that have two front yards and one of the front yards have an unimproved street, the accessory structure may be allowed within the front yard of the unimproved street as long as it meets the principal structure setback requirement.

On lots that have two front yards and both streets are improved, the accessory structure shall be allowed within the secondary front yard, as long as it meets the principal structure setbacks and will not be located any closer to the primary front yard setback of the existing principal structure. Primary front yard shall be where the driveway entrance is located.

The Zoning Officer, Township Engineer and/or Administrator shall review the plan submitted to ensure the unimproved street in Subsection A(11)(a) will not be improved in the future. If such roadway is to be improved, the accessory structure shall meet the requirement in Subsection A(11)(b) above.

On lots that are located within the following zones: RD, FA, and AG that have two front yards, fencing within the front yard of the unimproved street may maintain the permitted fence height within that zone.

[Added 3-7-2022 by Ord. No. 1981-2022]

The Planning Board, when acting upon an application for site plan approval, shall have the power to grant such exceptions and waivers from the requirements for site plan approval, including all of the requirements, as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of this chapter if the literal enforcement of one or more provisions of this chapter is impractical, unnecessary or will exact undue hardship upon the developer because of peculiar conditions pertaining to the land in question.

§ 203-111 Pre-application workshop.

[Added 7-7-1997 by Ord. No. 1261-97]

For the purpose of expediting applications and reducing subdivision and site plan design and development costs, developers are encouraged to request a pre-application workshop with the Planning Board professionals.

Workshop meetings shall be scheduled monthly by the Planning Board Administrator. Developers must make arrangements with the Planing Board Administrator at least seven days in advance of a meeting date in order to be placed on the agenda.

Developers are encouraged to provide a conceptual plan of the proposed development identifying the following:

North arrow and scale.

Size and location of any existing or proposed structures.

Location and dimensions of any existing or proposed streets.

Any existing or proposed easement or land reserved for or dedicated to public use.

§ 203-112 Subdivision and site plan review application requirements.

The location of existing wooded and significant features.

The applicant shall not be bound by the determination of the pre-application workshop nor shall the Planning Board or Subdivision and Site Plan Committees be bound by any such review.

Applications for subdivision and site plan review and approval shall be made to the Hamilton Township Planning Board in accordance with procedures contained in Article XII, § 203-103, of this chapter.

Any application for subdivision or site plan review and approval shall include or be accompanied by adequate proof that no taxes or assessments for local improvements are due or delinquent on the subject property; evidence that the proposed subdivision or site plan conforms to all other applicable provisions of other sections of this chapter or, if not, the exact nature of any variance required; proposed administrative improvement and maintenance arrangements for any common open space to be included as part of the development; and a separate list of all streets, roads and courts to be created by the development.

§ 203-113 Details for minor subdivisions.

[Amended 8-17-1992 by Ord. No. 1127-92; 12-19-2005 by Ord. No. 1550-2005; 8-21-2006 by Ord. No. 1573-2006]

Proposed subdivisions that are found by the Development Review Committee to comply with the definition of a "minor subdivision" contained in Article III of this chapter shall be considered and reviewed according to specific procedures contained in Article XII, § 203-103, of this chapter. In the case of minor subdivisions, the Planning Board may determine either by general rule or in special cases that a public hearing be waived. The first approval given a minor subdivision shall be deemed to be final approval of the subdivision, provided that the Development Review Committee may condition such approval on terms ensuring the provision of improvements pursuant to Article XII, § 203-123, if applicable.

The application form for minor subdivision review shall be completed and shall be accompanied by a plat signed and sealed by a licensed land surveyor, which plat shall be a certified survey of the tract, at a suitable scale to enable the entire tract to be shown on one sheet, and which shall show or include the following information:

The applicant shall submit the following materials:

Seven copies of the plans shall be submitted on one of the following sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections and shown on separate sheets of equal size, with reference on each sheet as to the location of all adjoining sheets.

Fifteen copies of half-scale plans 11 inches by 17 inches shall be submitted.

A copy of the site plans must be submitted in digital format. The digital files shall be compatible with AutoCAD or submitted in dxF format. All digital media should be on CD-ROM Media.

The plan shall be drawn or reproduced at a scale of not less than one inch equals 50 feet.

Key map showing the entire subdivision and its relation to surrounding areas within 2000 feet. Such maps shall show all existing land uses within 200 feet of the land being subdivided.

The tract name, tax map sheet, block and lot numbers, and zoning district and zoning requirements.

Existing topography at two-foot intervals within the subject property and extending 50 feet from the property lines.

Name and address of owner and subdivider and owners of land within 200 feet of the outer boundary of the lands to be subdivided as disclosed by the most recent municipal tax records.

Name, address and signature of person preparing the plan. Plan shall be prepared, signed and sealed by a licensed New Jersey land surveyor, engineer, planner or architect as required by state regulation.

Approval signature lines placed at the bottom right-hand corner of the plan:

Board Chairman.

Board Secretary.

Township Engineer.

A survey of the property prepared by a New Jersey land surveyor with bearings and distances provided for all property lines. All distances shall be in decimals of a foot and all bearings shall be given to the nearest tenth-second, and the error of closure of the tract shall be one in 10,000 and certified by a licensed land surveyor. Distances and bearings shall be on the North American Datum of 1927 or North American Datum of 1983, as specified by the Township Engineer.

Acreage of tract to be subdivided to nearest 1/10 of an acre and the proposed number of lots, including area and dimensions of each proposed lot.

Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.

The names, locations and dimensions (cartway and right-of-way widths) of all streets.

Sight triangles, the radii of curbline and street sign locations shall be clearly indicated at all intersections.

Site characteristics maps showing the location of existing and proposed property lines, streets, street names, buildings, watercourses, railroads, bridges, culverts, easements, rights-of-way and any features, such as wooded areas, streams or wetlands. All historically, culturally and/or archaeologically significant structures or resources shall be shown.

The location of all wetland areas and required wetland transition areas of buffers within the proposed development as required pursuant to the New Jersey Freshwater Wetlands Protection Act or the Comprehensive Management Plan, and a letter from either the NJDEP or the Pinelands Commission indicating that the proposed subdivision does not require wetlands delineation.

A copy of any existing and/or proposed protective covenants, deed restrictions applying to the land being subdivided shall be submitted with the plan, if applicable.

Soil boring information as required in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable locations with tract map showing locations, logs, elevations of test holes, indicating where groundwater was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 203-186 of this chapter.

When on-site septic systems are proposed, soil borings, permeability test results, and the approximate location of the intended septic disposal field in accordance with N.J.S.A. 58:11-23 et seq.

Proposed connections to existing water supply and sanitary sewer systems, or alternative means of providing these services notes.

Areas in which construction is precluded due to presence of steam corridors and/or steep slopes.

Location of temporary stakes to enable the Planning Board to find the appraise features of the sketch plat or minor subdivision in the field.

Location of proposed and existing wells and septic systems.

Location of all monuments, corners, and other points established in the field, whether set or to be set. The material of which the monuments, corners or other points are made shall be noted at the representation thereof or by legend. The legend for metal monuments shall indicate the kind of metal, the diameter, length and weight per lineal foot of the monuments.

The purpose of any proposed easement of land reserved or dedicated to public or common use shall be designated and the proposed use of site other than residential shall be noted.

The plan/project shall be designed in compliance with the subdivision and zoning ordinances of the Township and other applicable standards of the state, county and local agencies.

All applicable fees must be paid with the submission.

No application will be deemed "complete" until all taxes and sewer assessments are paid up-to-date.

§ 203-114 Major subdivision sketch plats.

In the Pinelands Area, no application shall be deemed complete until a certificate of filing from the Pinelands Commission or other evidences of Pinelands Commission review in accordance with § 203-9 of the Township Code is submitted by the applicant.

(29)

The maps for submission must be folded and have the title block clearly visible.

Major subdivision sketch plats for discussion purposes shall be drawn to a scale of not less than one inch equals 200 feet and shall, as a minimum, include Subsection B(1) through (14) of § 203-113, Plat details for minor subdivisions.

§ 203-115 Preliminary and final plat details for major subdivisions.

[Amended 8-17-1992 by Ord. No. 1127-92; 7-7-1997 by Ord. No. 1261-97; 6-5-2000 by Ord. No. 1367-2000; 8-21-2006 by Ord. No. 1573-2006]

Applications for major subdivisions shall be made for preliminary review and approval by the Hamilton Township Planning Board on appropriate application forms to be provided by said Planning Board.

Preliminary submission requirements. An application for preliminary plat review and approval shall include a completed application form, together with a preliminary plat, which shall be clearly and accurately drawn or reproduced at a suitable scale and not less than one inch equals 100 feet, designed and drawn by a professional engineer and licensed land surveyor with certification that outbounds of the tract have been accurately located, designed in compliance with the provisions of Article XVI, Regulations Applicable to All Districts, and show or be accompanied by the following information:

The applicant shall submit the following materials:

Seven copies of the plans shall be submitted on one of the following sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire parcel, the map may be divided into sections and shown on separate sheets of equal size, with references on each sheet as to the location of all adjoining sheets.

Fifteen copies of half-scale plans (11 inches by 17 inches) shall be submitted.

A copy of the site plans must be submitted in digital format. The digital files shall be compatible with AutoCAD or submitted in dxF format. All digital media should be on CD-ROM Media.

Three copies of the stormwater management report (if required).

Three copies of the traffic impact study (if required).

The plan shall be drawn or reproduced at a scale of not less than one inch equals 50 feet.

Key map showing the entire subdivision and its relation to surrounding areas within 1,000 feet. Such maps shall show all existing land uses within 200 feet of the land being subdivided.

The zoning district and zoning requirements.

North arrow and graphic scale.

Name and address of owner and applicant and owners of land within 200 feet of the outer boundary of the site certified by the Tax Assessor and dated.

Approval signature lines placed at the bottom right-hand corner of the plan:

Board Chairman.

Board Secretary.

Township Engineer.

Existing and proposed elevations and contours, at one-foot intervals where slopes are 3% or less, two feet where the slopes are more than 15% and five feet where slopes are greater than 15%, referenced to the National Geodetic Vertical Datum, 1929, and indicated by a dashed line to determine the natural drainage of land. Where any regrading is proposed, finished grade contours should be shown in solid lines.

Title block containing name of applicant and development, lot and block numbers, date prepared and date of latest revision.

A copy of any existing and/or proposed protective covenants, deed restrictions applying to the land being subdivided shall be submitted with the plan, if applicable.

A stormwater management plan, calculations and information pursuant to NJDEP stormwater regulations. This plan shall include the following:

Topographic base map.

Environmental site analysis.

Project description and site plan.

Land use planning and source control plan.[1]

Editor's Note: See § 203-132 for definition.

Stormwater management facilities map.

Calculations for groundwater recharge and stormwater runoff rate, volume and quantity in accordance with N.J.A.C. 7:8.

Inspection, maintenance and repair plan.

Waiver from submission requirements, if applicable.

NJDEP low-impact development checklist.

All existing and proposed storm sewer lines within or adjacent to the subdivision, showing size and the profile of the lines, direction of flow and the location of manholes and inlets and all calculation sheets used for the design of the proposed storm sewer system.

The location and extent of any proposed dry wells, groundwater recharge basins, retention basins or other water conservation devices. In addition, soil borings and percolation tests shall be provided at all dry wells, recharge basins and retention basins. Percolation tests shall be taken at the approximate depth of the recharge facility. All retention or detention facilities shall be designed to have a minimum of two feet from the bottom of the facility to maximum groundwater, as determined by mottling or other approved methods. Applicant must provide soil boring information as per § 203-132.

Profiles of all proposed streets indicating grading and cross sections showing widths of roadway and width and location of sidewalks.

Locations and dimensions of curb cuts affording vehicular access to public right-of-way.

Design of off-street parking and loading areas, showing size and location of bays, aisles, barriers and parking spaces.

A photograph of the premises in question from the opposite side of street within three months of the submission date.

Aerial photograph with site highlighted with boundaries at a scale no less than one inch equals 100 feet.

Areas in which construction is precluded due to presence of stream corridors and/or steep slopes.

All area to be disturbed by grading or construction.

Location of existing wells and septic systems.

Sight triangles, the radii of curblines and street sign locations shall be clearly indicated at intersections.

Soil erosion/sediment control plan which complies with Soil Conservation Service requirements.

All existing and proposed curbs and sidewalks.

(29)

Method of solid waste disposal and storage.

(30)

The purpose of any proposed easement of land reserved or dedicated to public common use shall be designated.

(31)

Documentation application has been submitted to Historic Commission if applicable.

(32)

Letters from all utility companies stating service will be available before occupancy.

(33)

The Fire Chief shall provide a letter stating that the proposed design meets all the fire safety regulations.

(34)

Board of Education letter indicating proposed bus stop locations are acceptable and shown on plans.

(35)

Environmental impact statement provided in accordance with §§ 203-146 through 203-151.

(36)

Utilities plan showing all items listed in § 203-152. Provide a sewer and water report containing capacities and calculations which the applicant's proposed demands are creating. Provide the status of review by the Municipal Utilities Authority.

(37)

Vegetation plan in accordance with § 203-153.

(38)

Identification of public services available at the site.

(39)

Transportation and impact report in accordance with § 203-157.

(40)

Open space and recreation plan in accordance with § 203-158. Applicant must provide in lieu of contribution if not providing recreational facilities.

(41)

Historical and archaeological analysis for non-Pinelands Area in accordance with § 203-159.

(42)

Scenic corridors and vistas narrative in accordance with § 203-160.

(43)

Demographic and social analysts' report in accordance with § 203-161.

(44)

Air quality analysis if warranted by the traffic impact study.

(45)

Noise quality inventory analysis in accordance with § 203-163.

(46)

Aesthetics plan providing architectural drawings signed by a New Jersey-licensed architect showing plan view, elevation view and building materials; textures and color schemes in accordance with § 203-164.

(47)

Fiscal impact and market analysis study in accordance with § 203-165.

(48)

If the project is to be phased or a major addition is to be made to an existing development, a traffic control plan will be required and will include:

[Amended 10-1-2012 by Ord. No. 1728-2012]

A description of each phase will be provided, including traffic flow with ancillary signage for each phase, including a description of how site traffic, construction traffic and through traffic will be safely accommodated.

Time frames to complete each phase.

A traffic control plan that will show safe vehicular and pedestrian circulation for each phase of the new development or to major modifications of existing developments. The traffic control plan will separate construction traffic from regular site traffic as much as possible and will address through traffic, if applicable.

Requirement to provide a suitable subbase capable of supporting emergency fire apparatus to the site prior to beginning construction on any phase.

Requirement to keep all roadways necessary for emergency access open at all times. Storage of building materials and construction equipment should be shown on a site plan to assure that the roadways will be kept open.

To assure the roadways provided are capable of providing acceptable access for emergency vehicles, a truck turning plan for the largest fire truck in the Township will be provided for each phase showing that the roadways provided will accommodate the emergency vehicles.

A requirement to provide adequate and safe parking for each phase.

A requirement to provide directional and traffic signing, including speed limit signage, for each phase in accordance with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).

A requirement to provide adequate and safe vehicular and pedestrian access in accordance with the latest standards in the Americans with Disabilities Act (ADA).

(j)

Traffic calming measures may be considered by the Board, if necessary.

(k)

Title 39 enforcement of the phasing plans and the complete development may be requested by the Board.

(49)

Landscaping plan, including:

The types, quantity, size and location of all proposed vegetation.

The scientific and common names of all proposed landscaping.

Planting details.

Maintenance notes.

Buffering areas.

Tree clearing protection plan in accordance with § 203-167 of the Township Code and further referenced by §§ 203-182 and 203-185.

(50)

Lighting and signage plan showing the locations of signs and light standards, direction of illumination, mounting heights, setbacks, type of light standards, hours of illumination and lighting pattern superimposed onto plan and noted in footcandles.

(51)

Security analysis plan in accordance with § 203-168.

(52)

A modification report, if applicable, showing the modifications of Township standards requested, along with supporting documentation.

(53)

The plan/project shall be designated in compliance with the applicable Township ordinances of the Township and other applicable standards of the state, county and local agencies.

(54)

All applicable fees must be paid with submission.

(55)

No application will be deemed complete until all taxes and sewer assessments are paid up-to-date.

(56)

(57)

The maps for submission must be folded into eighths and have title block clearly visible.

Final submission requirements. Final submission plats shall be accompanied by an appropriate completed application form, shall be drawn in ink on translucent tracing cloth or its equivalent at a suitable scale, and shall comply with all provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. The final plat shall show or be accompanied by only that information and those details specified in the aforementioned New Jersey Map Filing Law or in the following list:

The applicant shall submit the following materials:

Fifteen copies of half-scale plans (11 inches by 17 inches) shall be submitted.

A copy of the site plans must be submitted in digital format. The digital files shall be compatible with AutoCAD or submitted in dxF format. All digital media should be on CD-ROM Media.

The plan shall be drawn in ink on tracing cloth or reproducible mylar at a suitable scale and in compliance with all applicable provisions of Chapter 358 of the Laws of 1953 and N.J.S.A. 46:23-9.9 et seq.

Key map at a scale of one inch equals 1,000 feet or one inch equals 2,000 feet, showing the entire subdivision and its relation to surrounding areas within 500 feet. Such maps shall show all existing land uses within 500 feet of the land being subdivided.

The tract name, tax map sheet, block and lot numbers, and zoning district and zoning requirements. Each block shall be numbered and the lots within each block shall be numbered as directed by the Tax Assessor.

North arrow, scale, date of preparation and all revisions.

Name and address of owner and subdivider and owners of land within 200 feet of the outer boundary of the lands to be subdivided as disclosed by the most recent municipal tax records.

Name, address and signature of person preparing the plan. Plan shall be prepared, signed and sealed by a licensed New Jersey land surveyor, as required by state regulation.

Approval signature lines placed at the bottom right-hand corner of the plan:

Board Chairman.

Board Secretary.

Township Engineer.

Certification by the licensed New Jersey land surveyor as to the accuracy of the details of the plat.

Certification that the applicant is the agent or owner of the land or that the owner has given consent under an option agreement.

When approval of a plat is required by any officer or body of the municipality, county or state, approval shall be certified on the plat.

Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will retained or removed.

All natural watercourses, streams, shorelines, water boundaries and encroachment lines shall be shown. Final stormwater outfalls in retention basins or other receiving bodies of water shall be identified by coordinates based on the datum specified.

If applicable, plans and profiles of sanitary sewers and water mains approved by the Municipal Sewerage Authority will be required to accompany the final plat.

Copies of all other data not included in the submission of the preliminary plat necessary to completely and accurately delineate and describe the construction of off-site improvements.

When the approval of a plat is required by an officer or body of the municipality, county or state, approval shall be certified on the plat prior to its filing in the office of the County Clerk.

All approvals and permits from other agencies.

Performance guaranties approved by the Municipal Solicitor as to form and the Municipal Engineer as to the amount, sufficient to ensure the satisfactory completion of improvements and facilities as required by the resolution of the Planning Board granting preliminary approval. The developer's engineer shall submit a detailed engineer's estimate for review and approval by the Municipal Engineer.

The preliminary plat, engineering details, cross sections and profiles of streets and plan and profiles of storm drainage systems, approved by the Board Engineer, shall be required to accompany the final plat, with all conditions of preliminary approval met and reviewed by the Board Engineer prior to final plat submission.

Location of all monuments, corners and other points established in the field, whether set or to be set. The material of which the monuments, corners or other points are made shall be noted at the representation thereof or by legend. The legend for metal monuments shall indicate the type of metal, the diameter, length and weight per lineal foot of the monuments.

Executed and acknowledged easements to the appropriate governmental entity for all off-site utilities required, together with a certificate of title thereto made to the appropriate entity by a qualified New Jersey attorney or reputable title company.

Articles of incorporation for any homeowners' association or other organization to be established to maintain the common open space.

A master deed or declaration of covenants and restrictions detailing the rights and privileges of individual owners and residents, restricting the use of the common open space and establishing a system of fees assessed against individual owners. A proposed schedule of membership fees for at least the first five years of operations shall be provided.

Bylaws and membership rules and regulations of any such organization defining the details of its organization and operation.

All required utility easements shall be shown. The purpose of each easement and the entity to be responsible for its maintenance shall also be noted on the plans.

All applicable fees must be paid with the submission.

No application will be deemed complete until all taxes and sewer assessments are paid up-to-date.

§ 203-116 Details for preliminary and final site plan.

The maps for submission must be folded into eighths and have title block clearly visible.

[Amended 8-17-1992 by Ord. No. 1127-92; 7-7-1997 by Ord. No. 1261-97; 8-21-2006 by Ord. No. 1573-2006]

Except as hereinafter provided, no building permit shall be issued for a building or change of use or enlargement of any building or use unless a site plan is first submitted and approved by the Planning Board, and no certificate of occupancy shall be given unless all construction conforms to the approved plan. Site plan approval shall not be required for single-family dwellings, two-family dwellings, agricultural/horticultural uses or for such accessory uses as private garages, tool houses, private greenhouses and barns, but this section shall not limit the requirements for submission of subdivision plans for subdivision approval as otherwise provided in this chapter.

Site plan classification. A site plan shall be classified by the Planning Board as a minor or major site plan as defined hereafter and as listed in Article III. Notwithstanding the above, the following classes of development application shall be filed, reviewed and acted upon as set forth hereinafter:

Site plan exemptions. No site plan application shall be required prior to issuance of a building permit or certificate of occupancy for one of the following.

Interior alterations unless such alterations shall create the need for additional parking;

Exterior building facades, windows and roofing, but not including loading docks;

Fencing;

Resurfacing of existing paved parking area; or

As listed in § 203-110.

General administrative review procedures.

[Amended 8-3-2009 by Ord. No. 1655-2009]

Administrative review may be requested by applicants seeking minor development approval as described herewith. Applicants requesting administrative review for minor revisions and/or additions to a site plan shall be required to submit an application for the modification. This application shall be limited to the changes proposed and shall provide sufficient information to fully describe the changes proposed so that the Board's professional consultants can determine if the cumulative effect of the change does not significantly alter the plan as originally approved. Where applicable, applicants shall also be required to submit an application to the New Jersey Pinelands Commission pursuant to the provisions of § 203-9. The Board's professional consultants shall determine if an administrative remedy is appropriate for each particular case and shall be empowered to grant approval in lieu of Planning Board or Zoning Board of Adjustment action, if the application is one of the following and does not require a variance or waiver:

Building addition to nonresidential use up to 10% of the total floor area approved by the Board.

Exterior lighting.

Signs.

Addition or removal of 10% of the existing parking area, whichever is less.

Underground fuel tanks for personal use of site occupants only, not for wholesale/retail sale of fuel.

Revisions to approved plans involving the following:

Landscaping.

Drainage.

Phasing/staging.

Other changes to the site plan or project which the Board's professional consultants deem sufficiently minor in nature so as not to require review by the Planning Board or Zoning Board of Adjustment.

[8]

A change in use, provided that the desired use is permitted in the subject zone, and further provided that any effects of the change are consistent with Subsection A(2)(a)[1] through [7].

If the Township Planning Board engineer and/or planner determines that the proposed addition(s) or revision(s) do not meet the criteria set forth by this chapter or that such revision and addition is not minor in nature or that such change will significantly alter the plan as originally approved, the applicant shall be directed to proceed with site plan application to the Planning Board/Zoning Board of Adjustment.

The Zoning Officer may authorize the Construction Official to issue permits for an administratively approved application, but only after the Board's professional consultants have submitted written approval to the minor revision(s) or addition(s). An application for a building permit not classified as either exempt or eligible for administrative review shall require a site plan application.

Historic District and Village Commercial District administrative review procedures.

Applicants must attend a workshop meeting with Board professionals to discuss the project for a more determined procedure as an addition to the following items being met:

[Amended 8-3-2009 by Ord. No. 1655-2009]

All items mentioned in § 203-116A(2)a, except that the maximum building expansion shall be limited to the lesser of 1,000 square feet or 15% of the total existing floor area.

Parking area requirements and setbacks may be reduced by 10%.

Building setbacks may be reduced by 10%.

If there are any items in Subsection A(3)(a) above that are not being met a formal site plan shall be submitted to the Planning Board or Zoning Board of Adjustment for review. Any variances cannot be granted by the professionals of the Boards.

Hamilton Township Municipal Utility Authority administrative review procedure.

HTMUA shall request an administrative review for the following improvements within Hamilton Township.

Any sanitary sewer main, whether it be force or gravity feed, within municipally owned rights-of-way, totaling less than 1,000 linear feet.

Any addition to an existing well building or sewer pump station which total impervious surfaces are less than 5,000 square feet.

Any clearing which may result in the installation of water or sewer lines of less than 10,000 square feet.

All of the above criteria must be met for administrative review. If one is not, the HTMUA must submit a formal site plan application for Planning Board review.

The applicant requesting for an administrative review for Subsections A(2) through A(4) must submit at a minimum an application with the following attachments:

A survey of the property prepared by a New Jersey licensed surveyor showing the existing conditions.

A photograph of the site within the week of the submission.

An aerial photograph of the site.

A description of what is proposed to the site.

A minor site plan shall be as specified hereunder, and an applicant may prepare a minor site plan application drawn according to the standards and conditions specified in Subsection B if the proposed building, the conversion of the existing building from one use to another, or the enlargement of an existing building, or any combination of the same does not exceed 5,000 square feet for retail commercial uses; exceed 10,000 square feet for industrial uses nor required more than 25 new parking spaces as prescribed by this chapter. All residential development requiring site plan approval shall comply with the major site plan submission requirements. All other site plans shall be major site plans and shall be drawn according to the standards and conditions specified in Subsection C.

Submittal materials:

Fifteen copies of half-scale plans (11 inches by 17 inches) shall be submitted.

A copy of the site plans must be submitted in digital format. The digital files shall be compatible with AutoCAD or submitted in dxF format. All digital media should be on CD-ROM Media.

The plan shall be drawn or reproduced at a scale of not less than one inch equals 50 feet.

Key map showing the entire subdivision and its relation to surrounding areas within 1,000 feet. Such maps shall show all existing land uses within 200 feet of the land being subdivided.

The zoning district and zoning requirements.

North arrow and graphic scale.

Name and address of owner and applicant and owners of land within 200 feet of the outer boundary of the site certified by the Tax Assessor and dated.

Approval signature lines placed at the bottom right-hand corner of the plan:

Board Chairman.

Board Secretary.

Township Engineer.

Existing topography based on U.S.G.S. datum, and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.

All proposed means of vehicular access and egress to and from the site onto public streets and the location of existing driveways on adjacent land if closer than 75 feet. Proposed paving cross section, parking stall dimensions and driveway widths shall be provided.

Title block containing name of applicant and development, lot and block numbers, date prepared and date of latest revision.

Sight triangles, the radii of curblines and street sign locations shall be clearly indicated at intersections.

Site characteristic maps showing the location of existing and proposed property lines, streets, street names, buildings, watercourses, railroads, bridges culverts, easements, rights-of-way and any natural features, such as wooded areas, streams or wetlands. All historically, culturally and archaeologically significant structures or resources shall be shown.

A copy of any existing and/or proposed protective covenants, deed restrictions applying to the land being subdivided shall be submitted with the plan, if applicable.

A stormwater management plan, calculations and information pursuant to NJDEP stormwater regulations and in accordance with § 203-132. This plan shall include the following:

Topographic base map.

Environmental site analysis.

Project description site plan.

Land use planning and source control plan.[1]

Editor's Note: See § 203-132 for the definition.

Stormwater management facilities map.

Calculations for groundwater recharge and stormwater runoff rate, volume and quantity in accordance with N.J.A.C. 7:8.

Inspection, maintenance and repair plan.

Waiver from submission requirements, if applicable.

NJDEP low impact development checklist.

Proposed connections to existing water supply and sanitary sewerage systems or alternative means of providing these services.

Methods of solid waste storage and disposal.

Location of existing wells and septic systems.

The plan/project shall be designated in compliance with the subdivision, site plan and zoning ordinances of the Township and other applicable standards of the state, county and local agencies.

Landscaping plan including:

The types, quantity, size and location of all proposed vegetation.

The scientific and common names of all proposed landscaping.

Planting details.

Maintenance notes.

Lighting and signage plan showing the locations of signs and light standards, heights, setbacks, type of light standard and lighting pattern superimposed onto the plan and noted in footcandles.

All applicable fees must be paid with submission.

No application will be deemed complete until all taxes and sewer assessments are paid up-to-date.

The maps for submission must be folded into eighths and have title block clearly visible.

Preliminary major site plans. In cases requiring site plan review and approval, applications for development shall be in accordance with the provisions of Article XII, § 203-103, of this chapter and shall be accompanied by information and documentation specified in this section. Site plans submitted for conventional developments shall include materials that clearly show conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed development and the appearance and function of the proposed development. The various elements of the site plan shall be prepared by the professionals as required in N.J.S.A. 13:40-7.1, licensed to practice in the State of New Jersey according to the following instructions, and including the following information and data:

Submittal materials.

Fifteen copies of half-scale plans (11 inches by 17 inches) shall be submitted.

A copy of the site plans must be submitted in digital format. The digital files shall be compatible with AutoCAD or submitted in dxF format. All digital media should be on CD-ROM Media.

The plan shall be drawn or reproduced at a scale of not less than one inch equals 50 feet.

Key map showing the entire subdivision and its relation to surrounding areas within 1,000 feet. Such maps shall show all existing land uses within 200 feet of the land being subdivided.

The zoning district and zoning requirements.

North arrow and graphic scale.

Name and address of owner and applicant and owners of land within 200 feet of the outer boundary of the site certified by the Tax Assessor and dated.

Name, address and signature of person preparing the plan. Plan shall be prepared, signed and scaled by a licensed New Jersey land surveyor, engineer, planner or architect as required by state regulation.

Approval signature lines placed at the bottom right-hand corner of the plan:

Board Chairman.

Board Secretary.

Township Engineer.

Existing and proposed elevations and contours, at one-foot intervals where slopes are 3% or less, two feet where the slopes are more than 15% and five feet where slopes are greater than 15%, referenced to the National Geodetic Vertical Datum, 1929, and indicated by a dashed line to determine the natural drainage of land. Where any regarding is proposed, finished grade contours should be shown in solid lines.

Title block containing name of applicant and development, lot and block numbers, date prepared and date of latest revision.

A copy of any existing and/or proposed protective covenants, deed restrictions applying to the land being subdivided shall be submitted with the plan, if applicable.

A stormwater management plan, calculations and information pursuant to NJDEP stormwater regulations. This plan shall include the following:

Topographic base map.

Environmental site analysis.

Project description site plan.

Land use planning and source control plan.[2]

Editor's Note: See § 203-132 for the definition.

Stormwater management facilities map.

Calculations for groundwater recharge and stormwater runoff rate, volume and quantity in accordance with N.J.A.C. 7:8.

Inspection, maintenance and repair plan.

Waiver from submission requirements, if applicable.

NJDEP low impact development checklist.

Profiles of all proposed streets indicating grading and cross sections showing widths of roadway and width and location of sidewalks.

Locations and dimensions of curb cuts affording vehicular access to public rights-of-way.

Design of off-street parking and loading areas, showing size and location of bays, aisles, barriers and parking spaces.

A photograph of the premises in question from the opposite side of street within three months of the submission date.

Aerial photograph with site highlighted with boundaries at a scale no less than one inch equals 1,000 feet.

Areas in which construction is precluded due to presence of stream corridors and/or steep slopes.

All area to be disturbed by grading or construction.

Location of existing wells and septic systems.

Sight triangles, the radii of curblines and street sign locations shall be clearly indicated at intersections.

Soil erosion/sediment control plan which complies with Soil Conservation Service requirements.

All existing and proposed curbs and sidewalks.

(29)

Method of solid waste disposal and storage.

(30)

The purpose of any proposed easement of land reserved or dedicated to public common use shall be designated.

(31)

Letters from all utility companies stating service will be available before occupancy.

(32)

The Fire Chief shall provide a letter stating that the proposed design meets all the fire safety regulations.

(33)

Environmental impact statement provided in accordance with § 203-146 through § 203-151.

(34)

Utilities plan showing all items listed in § 203-152. Provide a sewer and water report containing capacities and calculations which the applicant's proposed demands are creating.

(35)

Vegetation plan in accordance with § 203-153.

(36)

Identification of public services available at the site.

(37)

Transportation and impact report in accordance with § 203-157.

(38)

Open space and recreation plan in accordance with § 203-158. Applicant must provide in lieu of contribution if not providing recreational facilities.

(39)

Historical and archaeological analysis for non-Pinelands Area in accordance with § 203-159.

(40)

Scenic corridors and vistas narrative in accordance with § 203-160.

(41)

Demographic and social analysts' report in accordance with § 203-161.

(42)

Air quality analysis if warranted by the traffic impact study.

(43)

Noise quality inventory analysis in accordance with § 203-163.

(44)

Aesthetics plan providing architectural drawings signed by a New Jersey licensed architect showing plan view, elevation view and building materials; textures and color schemes in accordance with § 203-164.

(45)

Fiscal impact and market analysis study in accordance with § 203-165.

(46)

If the project is to be phased or a major addition is to be made to an existing development, a traffic control plan will be required and will include:

[Amended 10-1-2012 by Ord. No. 1728-2012]

Time frames to complete each phase.

Requirement to provide a suitable subbase capable of supporting emergency fire apparatus to the site prior to beginning construction on any phase.

A requirement to provide adequate and safe parking for each phase.

A requirement to provide directional and traffic signing, including speed limit signage, for each phase in accordance with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).

A requirement to provide adequate and safe vehicular and pedestrian access in accordance with the latest standards in the Americans with Disabilities Act (ADA).

(j)

Traffic calming measures may be considered by the Board, if necessary.

(k)

Title 39 enforcement of the phasing plans and the complete development may be requested by the Board.

(47)

Landscaping plan, including:

The types, quantity, size and location of all proposed vegetation.

The scientific and common names of all proposed landscaping.

Planting details.

Maintenance notes.

Buffering areas.

Tree clearing protection plan in accordance with § 203-167 of the Township Code and further referenced by §§ 203-182 and 203-185.

(48)

(49)

Security analysis plan in accordance with § 203-168.

(50)

A modification report, if applicable, showing the modifications of Township standards requested, along with supporting documentation.

(51)

The plan/project shall be designated in compliance with the applicable ordinances of the Township and other applicable standards of the state, county and local agencies.

(52)

All applicable fees must be paid with submission.

(53)

No application will be deemed complete until all taxes and sewer assessments are paid up-to-date.

(54)

(55)

The maps for submission must be folded into eighths and have title block clearly visible.

(56)

In any case of any planned development, the application for site plan review shall be accompanied by 20 copies of all site plans and other documenting material. Prior to the determination of completeness of an application for preliminary approval of any planned development under the terms of this chapter, the Planning Board administrative officer shall, insofar as possible, secure the advice of the Township Engineer and all other experts hired by the Planning Board to review planned development applications concerning the adequacy of plans submitted and the completeness of the submission. In addition to the materials and data required in connection with conventional site plan applications as set forth above, an application for planned development shall show or be accompanied by:

An open space management report setting forth the form of organization proposed to own or maintain the common open space. Information shall be provided establishing that the association or other entity proposed to administer such common open space will have adequate funding and a sufficient organization to properly maintain, repair and replace such open space and its structures and facilities.

The use, approximate height and bulk of proposed buildings and other structures.

Modifications of existing Township ordinance requirements governing streets or ways or the use, density and location of buildings or structures being requested.

The projected schedule for development and the approximate times when final approvals will be requested.

A statement as to why the public interest would be served by the proposed development.

Final major site plans. Site plans shall be submitted for final approval in accordance with the provisions of Article XII, § 203-103, of this chapter and shall contain or be accompanied by the following:

Information and data contained in the submission for preliminary approval. Final site plans shall be drawn to a scale of not less than 50 feet to the inch.

Any site plan revisions, additional data or revised documentation required by the Planning Board in its resolution granting preliminary approval.

Offer of dedication of streets or other public ways and deed for any public open space resulting from preliminary development approval.

Performance guaranties, approved by the Municipal Solicitor as to form and the Municipal Engineer as to amount, sufficient to ensure the satisfactory completion of improvements and facilities as required by resolution of the Planning Board granting preliminary approval. The developer's engineer shall submit a detailed engineer's estimate for review and approval by the Municipal Engineer. In lieu of a performance guarantee for improvements not located in a right-of-way or easement area, nonresidential developers may request Planning Board approval to provide a guarantee to restore the site to a stable condition. For the purpose of this section, the term "restore" means the removal any unsafe condition, redistribution of stockpiled soil over the site and revegetation of the site. Developers requesting a restoration guarantee shall submit a restoration plan for review and approval by the Board Engineer. The developer's engineer shall also submit both a performance cost estimate, to be used for the calculation of required inspection fees pursuant to § 203-133C, and a restoration cost estimate for review and approval by the Municipal Engineer.

[Amended 8-3-2009 by Ord. No. 1655-2009]

A statement from the Municipal Engineer that adequate construction plans for all streets, drainage and other facilities covered by the Township standards are adequate and comply with Township standards.

All approvals from other agencies having jurisdiction.

Common open space documents. These documents shall ensure the adequate organization and financial soundness of the association or other entity proposed to own or maintain the common open space. Such documents shall include:

Articles of incorporation for any homeowners' association, condominium association or other organization to be established to maintain the common open space.

§ 203-119 Objectives of developmental review.

Bylaws and membership rules and regulations of any such organization defining the details of its organization and operation.

§ 203-117 Waivers of requirements.

The Planning Board may waive any of the requirements or details specified to be shown on the site plan in the case of a particular application, if the applicant can demonstrate to the Planning Board's satisfaction that certain required site plan data are not necessary to be shown in order for the Planning Board to be able to determine clearly that all Comprehensive Plan proposals and policies and all Hamilton Township ordinance provisions will be complied with by the proposed developer and that the proposed development will have no deleterious effect on neighboring properties. Before waiving any application requirements, the Planning Board shall, on advice of its professional advisors, make a finding that the development plan in question will provide sufficient materials and information to assure the adequate protection of the health, safety and public welfare of the people of Hamilton Township. This section also refers to site plan submittals to the Zoning Board.

§ 203-118 Design standards.

Design standards are found in Article XIV, Environmental Review and Site Analysis; Article XV, Special Regulations; and in other sections of this article.

In reviewing development applications for land subdivision or site plan approval, the Planning Board will expect conformance of design standards that will encourage good development patterns in the municipality, adherence to proposals, policies and standards contained in the Master Plan and consistence with the requirements of other articles of this chapter.

§ 203-120 Design standards for minor subdivisions.

Space standards. Minor subdivisions shall conform to the lot size and dimensional requirements of the various zones of this chapter.

Development patterns. Minor subdivisions shall be designed to avoid adverse impacts on the desirable future subdivision of adjoining land, and strip development of existing highway frontages shall be discouraged.

Maintenance of standards. Minor subdivisions involving lot line changes should avoid unnecessary infractions of zoning provisions of this chapter.

New Jersey Department of Transportation compliance. Minor subdivisions along state highways must conform to the requirements of the State Highway Access Management Act and the State Highway Access Management Code.[1]

[Added 5-17-1993 by Ord. No. 1148-93]

Editor's Note: See N.J.S.A. 27:7-89 et seq.

Curbs and gutters. For all minor subdivisions of property located within the regional growth area of Hamilton Township as established under the Pinelands Comprehensive Management Plan, and in the portion of the Growth Area - Low Zoning District that is outside of the Pinelands regional growth area, the design standards for curbs and gutters shall be as set forth in § 203-124B, for major subdivisions.

[Added 5-20-2002 by Ord. No. 1425-2002]

Sidewalks. For all minor subdivisions of property located within the regional growth area of Hamilton Township as established under the Pinelands Comprehensive Management Plan, and in the portion of the Growth Area - Low Zoning District that is outside of the Pinelands regional growth area, the design standards for sidewalks shall be as set forth in § 203-124C for major subdivisions.

[Added 5-20-2002 by Ord. No. 1425-2002]

Maintenance. For all minor subdivisions of property located within the regional growth area of Hamilton Township as established under the Pinelands Comprehensive Management Plan, and in the portion of the Growth Area - Low Zoning District that is outside of the Pinelands regional growth area, the maintenance obligation for curbs, gutters and sidewalks shall be as set forth in § 203-121B(18) for major subdivisions.

[Added 5-20-2002 by Ord. No. 1425-2002]

Model bus stop. For every proposed minor subdivision, the Planning Board may require the construction of at least one bus stop consistent with the Hamilton Township Bus Stop Prototype Plan, a copy of which is attached hereto and made a part of this Ordinance as Diagram Number 15,[2] at a location or locations to be approved after review and recommendation by the Hamilton Township School Board. Such determination by the Planning Board will be based upon existing or proposed development in the area of the proposed minor subdivision, existing or proposed traffic patterns, and the existence or required installation of sidewalks and curbs in the proposed subdivision.

[Added 5-20-2002 by Ord. No. 1425-2002]

§ 203-121 Design standards for major subdivisions.

Editor's Note: Diagram 15 is located at the end of this chapter.

[8-17-1992 by Ord. No. 1127-92; 5-17-1993 by Ord. No. 1148-93; 7-7-1997 by Ord. No. 1261-97; 9-3-2024 by Ord. No. 2081-2024]

General. Major subdivisions should conform to design standards that will provide safe and efficient access to the neighborhood street and highway system, limit site clearing and regrading to relate the design of the subdivision to the natural topography and existing vegetative cover of the site, contribute to the harmonious development of the municipality and enhance the public welfare of the community.

Streets.

All streets within major subdivisions shall be designed to serve a specific function and shall be classified by the Planning Board in terms of their projected use according to the definitions within § 203-18 of "streets."

(Reserved)

Pavement widths, median strips and paved shoulder requirements on all proposed streets shall conform to the requirements shown on the diagrams of typical roadway sections and details which are shown on Diagrams 1 to 3 of § 203-135 of this article.[1]

Editor's Note: Diagrams 1 through 3 are included as attachments to this chapter..

All roads shall conform to the design standards as set forth in the following chart.

(Reserved)

Buffers.

In all residential districts, major subdivision developments bounded by any arterial or collector street shall control access to said streets by having all driveways intersect proposed or existing local streets.

All reverse frontage lots shall provide a minimum 125 feet setback from the rear of the principal building to the rear lot line, of which 75 feet shall be maintained as a vegetated buffer. If the buffer area is wooded, it shall be retained in its natural state and, if not sufficient to screen the rear yard area, supplemented by evergreen landscaping and/or fencing. If the buffer area is cleared, buffering shall be created using combination of earthen berms, fences and landscaping to sufficiently screen the properties.

The right-of-way for internal roads and alleys in commercial and industrial development shall be determined on an individual basis by the Planning Board and shall, in all cases, be of sufficient width and design to safely accommodate expected traffic movements and parking and loading needs.

No subdivisions showing reserve strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips has been placed in the Township Committee under conditions stipulated or approved by the Planning Board.

Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

Street intersections shall be at as nearly right angles as is possible and in no case shall be less than 60º. Block corners at intersections shall be rounded at the curbline with a radius of not less than 20 feet.

Street jogs with center line offsets of less than 125 feet are prohibited.

A tangent of a length approved by the Township Engineer shall be introduced between reverse curves on arterial and collector streets.

Dead-end streets shall not be longer than 800 feet and shall provide a turnaround at the closed end with a radius of not less than 50 feet at the curbline, tangent, wherever practicable, to the right side of the street. If a dead-end street is temporary, a similar turnaround shall be provided, together with provision for future extension of the street and reversion of any excess right-of-way to adjoining properties. (See § 203-135, Diagram 4).[2]

Editor's Note: Diagram 4 is included as an attachment to this chapter.

No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets in either the township or an adjoining municipality. The continuation of an existing street shall have the same name.

Final approval of a plat shall not be construed as the acceptance of a street dedicated to public use.

In the case of local streets within a development where the Planning Board determines that the length of the street and the nature of adjacent uses warrants a reduction in the width of the paved surface, the width may be reduced below the paved width required in this chapter, but in no case shall the paved width of a local street be less than 26 feet.

Grades of streets shall not exceed the maximum for the street classification shown on the table of Road Design Standards (below). No street shall have a minimum grade of less than 0.75%.

Driveways, curbs, sidewalks, drainage structures under drives and maintenance of graded swales behind the edge of road or curbline shall be the responsibility of the homeowner or association after final acceptance by the Township Engineer.

Sight triangle easements as shown on Diagrams 8 to 12 in § 203-135 of this article shall be shown on final plats.[3]

	Road Design Standards*
	Local Street
Design speed (miles per hour)	35
Maximum degree of curve (degrees)	16
Minimum stopping sight distance (feet)	240
Minimum centerline grade (percent)	0.75%
Maximum centerline grade (percent)	8.0%
Maximum curve superelevation (percent)	8.0%

NOTES:
*	All designs shall be in accordance with:
	A.	A Policy on Geometric Design of Rural Highways, American Association of State Highway Officials, latest revision;
	B.	A Policy on Arterial Highways in Urban Areas, American Association of State Highway Officials, latest revision; and/or
	C.	Traffic Engineering Handbook, Institute of Traffic Engineers, latest revision.

Editor's Note: Diagrams 8 through 12 are included as attachments to this chapter.

Blocks.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning provisions and to provide for convenient access, circulation and safety of street traffic.

In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkways shall be 10 feet wide and be straight from street to street.

For commercial, multifamily housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

Lots.

The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Only one single-family detached dwelling unit shall be located on any individual lot, unless otherwise allowed in the zone in which the lot is located.

Lot dimensions and area shall not be less than the requirements of the zone in which the lot is located.

Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

Where extra width has been dedicated for widening of existing streets to conform to Master Plan proposal, lots shall begin at such extra width lines, and, in any event, all setbacks shall be measured from such extra width lines.

Where this is a question as to the suitability of a lot or lots for the intended use due to factors such as flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.

Public use and service areas.

Easements.

In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located by consultation with the companies or township departments concerned. The requirement of off-site and off-tract services improvements or a reasonable contribution thereto shall be required in the interest of sound and harmonious neighborhood and community developments.

Buildings shall be set back at least 20 feet from all utility easements, except those providing direct service. Setbacks from natural gas transmission lines shall be at least 50 feet.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction or both as will be adequate for the purpose.

Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.

All utilities shall be located underground.

Environmental concerns.

Care shall be taken to avoid the development of lands subject to flooding; and, in the case of on-site sewage disposal, lands subject to a seasonable high-water table shall comply with applicable county and state standards.

The Planning Board shall require a soil erosion and sediment control plan and permit from the Soil Conservation District prior to final approval.

Subdivision development shall not result in the unnecessary removal of existing topsoil. Topsoil removed from street installation areas shall be stockpiled for use on subdivision lots in any case where areas to be developed for residential uses do not have a substantial existing topsoil cover.

Subdivision and site plan shall be designed to avoid the alteration of existing topography to the maximum extent practicable in order to maximize the retention of mature trees and other desirable vegetation existing on site.

In any industrial, commercial or multifamily dwelling subdivision or in the case of any conventional single-family major subdivision, provision shall be made for on-site retention and/or ground infiltration of any additional surface runoff that would be created by the proposed development. Such facilities shall comply with the provisions of § 203-132 of this article.

Curbs and gutters. Curbs and gutters shall be installed in accordance with the provisions of §§ 203-124 and 203-135, Diagram 5 of this article.[4] The preferred curbing alternative shall be specified by the Township Engineer. Depressed curbs and handicap ramps conforming to American Disability Act[5] standards shall be installed at all street intersections.

Editor's Note: Diagram 5 is included as an attachment to this chapter.

Editor's Note: See N.J.S.A. 30:6D-23 et seq.

Drainage structures. Drainage structures shall be installed in accordance with the standards and provisions of § 203-124 and Diagrams 6 and 7 in § 203-135.[6] The placement of storm sewers or utilities in easements along lot lines and swales along the rear of lot lines is discouraged. Insofar as practical, utilities should be placed in the public right-of-way for ease of maintenance.

§ 203-122 Design standards for site plans.

Editor's Note: Diagrams 6 and 7 are included as attachments to this chapter.

New Jersey Department of Transportation compliance. Major subdivisions along state highways must conform to the requirements of the State Highway Access Management Act and the State Highway Access Management Code.[7]

[7]

Editor's Note: See N.J.S.A. 27:7-89 et seq.

Design standards. Design standards in this section shall apply to site plan applications that propose the construction of public or semipublic streets. Design standards for on-site parking shall conform to materials specified in § 203-124. Paving standards shall be reviewed on an individual basis, taking into account the type of traffic, volume of traffic and similar parameters.

General. In reviewing any site plan, the Planning Board shall review the individual requirements of the zone, the applicable elements in Article XIV, Environmental Review and Site Analysis, and the following:

Building and structure design. Critical consideration shall be given to building materials, use of color and texture, massing and building or structure height and shape as they relate to site conditions and harmonize with similar elements in neighboring buildings or structure. Ground or roof mounted mechanical systems for commercial or industrial structures shall be screened from any adjacent residential district or use, highway, road, street or accessway. Screening shall be accomplished by either architectural design or landscaped buffer or combination thereof or as otherwise deemed acceptable by the Planning Board. Commercial development shall use earth-tone colors to maintain the theme established along the Route 40 and Route 322 corridors.

[Amended 2-1-1993 by Ord. No. 1140-93; 7-7-1997 by Ord. No. 1261-97]

Circulation. The layout of the site with respect to the arrangement, width and alignment of driveways and walkways as they provide for pedestrian traffic, both within and external to the site.

Parking and loading. The amount, location and arrangement of spaces proposed for automobile parking and for the loading and unloading of goods and materials, both with relation to the use intended to be served as well as efficient and safe interconnection with the public circulation system.

Landscaping. The arrangement of landscape elements and the appropriateness, variety and compatibility of selected plant materials as they contribute to an adequate and pleasing landscape design and/or screening system as well as the compatibility of the landscape plan with adjacent properties and the neighborhood.

Orientation and siting. In the case of freestanding buildings or structures and depending on individual site characteristics, consideration shall be given to positioning that provides a desirable visual composition, avoids blocking natural vistas and provides desirable space enclosures.

Site utilities. The location and adequacy of waterlines and sanitary sewer facilities, subject to the approval of the Hamilton Township Municipal Utilities Authority, and the nature, adequacy and safety of the surface drainage system, both as they relate to the intended site development and to the surrounding area; the positioning, adequacy and design of electric, telephone and gas lines and other structures. All utilities shall be located underground.

Accessory features. The aesthetic quality and harmony of architectural design of proposed signs, exterior architectural features, displays, service areas, walls, fences, lighting, decorations, street and public area furnishing and such other features as affect the aesthetic quality of the buildings, property and neighborhood.

Environmental protection. Critical attention shall be given to preserving the landscape in its natural state insofar as possible and to improving the existing site conditions according to high standards of conservation and environmental protection in keeping with the surrounding natural setting. The development plan should demonstrate the avoidance of unnecessary alteration of existing topography or the removal of vegetation, and the proposed development shall otherwise respect the established natural conditions of the site and its surroundings. In the case of any institutional, industrial, commercial or multifamily developments of more than five dwelling units or more than 10 off-street parking spaces, provisions shall be made for on-site retention and/or ground infiltration of any additional surface runoff that would be created by the proposed development. Such facilities shall comply with the provisions of § 203-132 of this article.

Performance standards. In reviewing the site plan for any use subject to performance standards contained in this chapter, the Planning Board shall condition its approval on both initial and continued compliance with such standards.

Parking lot and driveway standards. The arrangement, nature, size and construction of any required on-site, off-site or off-tract improvements, including streets, curbs and gutters, sidewalks, street signs and shade trees, water and sewer systems and topsoil protection measures, shall conform to any applicable design standards contained in § 203-135 of this article. In addition, required site improvements shall conform to design standards that shall include but not necessarily be limited to the following:

Parking and loading areas. Off-street parking and loading spaces of such size and number as are consistent with good planning standards and are in compliance with any prevailing requirements or supplementary regulations contained in other articles of this chapter shall be required in connection with and convenient to uses projected for the site development, in accordance with the following:

Access.

All required off-street parking and loading facilities shall be furnished with necessary pedestrian passageways and vehicular maneuvering area and driveways providing efficient access either directly or indirectly to a public street. Access to driveways shall be not less than 12 feet in width for one-way operation and 24 feet for two-way operation when leading to parking areas and 16 feet in width when leading to off-street loading spaces.

Entrances and exits for all required parking and loading facilities shall be located not less than 50 feet from the driveway edge nearest the right-of-way line of an intersecting public street; and the arrangement of off-street parking areas providing space for more than two vehicles in the case of a minor or private street or for any vehicles in the case of a collector, primary or arterial street shall be such that no vehicle would have occasion to back into a public street. No off-street loading area shall be so located that a vehicle would be required to back into a street.

The size of parking spaces and their relationship to adjoining driveways shall comply with the minimum dimensions set forth in the following table.

Parking lots; general standards.

Purpose. The purpose is to provide safe, adequate off-street parking for nonresidential and residential uses in Hamilton Township while preserving the aesthetic visual qualities.

Applicability. These regulations shall be applicable to all off-street parking areas not associated with a single-family residence, agricultural use or other permitted or conditional use which requires fewer than three off-street parking spaces.

Setbacks. Unless otherwise permitted or restricted under the applicable zoning district regulations, parking lots shall comply with the following setback requirements:

[Amended 7-7-1997 by Ord. No. 1261-97; 11-19-2007 by Ord. No. 1613-2007]

	Minimum Required Setback
Zoning District	Front (feet)	Side (feet)	Rear (feet)
GC	5	5	5, plus a solid wood fence
DC	50	50	50
HC	35	15	20
NC	10	10	10
RC	50	30	35
IBP	10	10	10
AG, FA-70, FA-25, FA-10, RD-5, RD-4, RD-2.5, RD-1	25	15	25
GA-I, GA-M, GA-L	Not allowed	10	10
R-9, R-22	Not allowed	5	5

Dimensions.

Parking stalls. All required parking spaces shall be a minimum of nine feet in width and 18 feet in length, exclusive of access drives, aisles, ramps and columns, and shall have a vertical clearance of at least 6 1/2 feet. The size and spacing specifications for required off-street parking facilities shall be taken from the table below.

A (degrees)	B (feet)	C (feet)	D (feet)	E (feet)	F (feet)
0º	9.0	9.0	12.0	19.0	34.0
45º	9.0	19.8	13.0	12.7	52.5
60º	9.0	21.0	18.0	10.4	60.0
90º	9.0	18.0	24.0	9.0	62.0
30º	9.0	17.3	11.0	18.0	45.6

	NOTES:
	^* Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.
	^** Curbed islands are required at the ends of aisles where necessary for traffic control.

Landscaping elements.

General.

[Amended 7-7-1997 by Ord. No. 1261-97]

Unless superseded by applicable zoning district regulations, a minimum of 15% of all parking areas shall be landscaped. Landscaping shall be located in protected areas, along walkways, in center and end islands and in all irregular spaces not used for parking.

As is shown in the figure entitled "Cross Section of Parking Lot Edge" all overhang areas shall be designed with a hard surface extending the outside edge of the wheel bumper to a distance three feet beyond that point.[1]

Editor's Note: Cross Section of Parking Lot Edge is located at the end of this chapter.

Buffer strips.

[Amended 7-7-1997 by Ord. No. 1261-97]

The required setback area of parking lots shall be maintained as a buffer area.

On wooded lots, existing vegetation in the side and rear buffer areas shall be maintained as natural areas to be supplemented by evergreen trees or fencing when adjacent to an incompatible use. Along highway frontages, understory vegetation and trees smaller than five inches diameter at breast height (DBH) may be cleared from the buffer area.

On cleared sites the buffer area shall be landscaped with combinations of evergreen trees, canopy trees, shrubs, earthen berms and fences to reduce glare, air and noise pollution and soil erosion.

Islands.

[Amended 7-7-1997 by Ord. No. 1261-97]

Landscaped islands shall be placed at a minimum between every fifth parking stall, as is shown in the figure entitled "Conceptual Parking Lot Design Elements." These islands shall also be placed at the end of every row of parking stalls as a traffic control device.

In parking bays of 15 or more spaces, a landscaped island shall be provided for every 10 parking stalls.

Islands shall be a minimum of 10 feet in width and curbed.

Islands shall be landscaped and contain one canopy tree 2 1/2 inches to three inches in caliper, 12 feet to 15 feet in height. The balance of the island shall be landscaped using a combination of shrubs (not to exceed 30 inches in height), ground cover planting, mulch or textured concrete, brick pavers, etc.

Where appropriate, to preserve existing vegetation, islands may be consolidated creating a larger area capable of sustaining the viability of mature natural vegetation.

Entry/exit plantings. Within the sight triangle of all points of entry or exit from a parking area, shrubbery, not to exceed three feet in height, shall be planted and maintained. See attached drawing.[2]

Editor's Note: See Conceptual Parking Lot Design Elements, which is located at the end of this chapter.

Lighting. Lighting standards for parking lots shall be as follows:

All lighting shall be designed, oriented and selected to prevent glare upon surrounding properties or roadways.

The maximum height for any light standard shall not exceed 25 feet.

Pedestrian-oriented lighting shall be low- or mushroom-type standards located along pedestrian routes, bike paths, recreation areas, etc.

Lighting intensity standards shall be as follows:

[Amended 7-7-1997 by Ord. No. 1261-97]

Open parking areas shall have a maximum illumination of 0.6 footcandles and a uniform ratio (average to minimum) of 4 to 1 measured at pavement level.

Vehicle use areas shall have an average illumination of 1.0 footcandles and a uniform ratio (average to minimum) of 3 to 1 measured at pavement level.

The maximum intensity measured at pavement level along property lines shall be 1.0 footcandles.

All lighting shall conform to the requirement as set forth within § 203-167B.

All other applicable regulations of the district in which the parking lot is being located.

Screening. Parking areas providing space for more than five vehicles and all loading areas shall be provided with adequate setbacks, fencing or natural barriers to effectively prevent any noise, glare or other nuisance emanating therefrom to unduly interfere with the peaceful use and enjoyment of adjoining residential, public or private institutional uses. Further, design standards are found in the individual zone requirements and environmental impact statement section of this chapter.

Customer service areas. Any site plan that proposes temporary stopping space or maneuvering space for vehicles of customers or patrons seeking service at a roadside business establishment should be so designed that the stopping or maneuvering space will be at least 10 feet removed from the right-of-way line of the adjacent street or road.

Driveways. Driveway openings on state, county or other agencies having jurisdiction shall comply with standards set forth by these agencies. Any site plan proposing private driveway openings on public streets or roads shall comply with the following:

Spacing. The number of driveways provided from a site directly to any public street or road should comply with the following:

	Width of Site Frontage (feet)	Number of Driveways
	150 or less	1
	Between 151 and 300	2
	Over 300	To be specified by Planning Board on advice of Township Engineer

Location. All entrance and exit driveways to or from a public street or road shall be so located as to afford maximum safety to traffic on the road. Where a site occupies a corner of two intersecting streets or roads, no driveway entrance or exit shall be located within 50 feet of the right-of-way intersection lines and the nearest driveway edge nor 30 feet of the tangent or the existing or proposed curb radius of the intersection. No entrance or exit driveway shall be located on the following portions of any collector or arterial road: on a traffic circle; on a ramp of an interchange; within 30 feet of the beginning of any ramp or other portion of an interchange; nor on any portion of such road where the grade has been changed to accommodate an interchange. In cases where two or more driveways connect a single site to any one public street or road, a minimum clear distance of 100 feet, measured along the right-of-way line, shall separate the closer edges of any two driveways.

Sight distance. Any exit driveway or driveway lane shall be so designated in profile and grading and shall be so located as to permit the following maximum sight distance measured in each direction along any abutting township, county or state road. (The measurement shall be from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road right-of-way line.)

	Allowable Speed on Road (miles per hour)	Required Sight Distance (feet)
	25	150
	30	200
	35	250
	40	300
	45	350
	50	400

Widths. The dimensions of driveways shall be designated to adequately accommodate the volume and character of vehicles for which a site plan is prepared. The required maximum and minimum dimensions for driveways and curbline openings are indicated in the accompanying table. Driveways and curbline openings serving large volumes of daily traffic or traffic with a substantial number of trucks shall be required to utilize high to maximum dimensions.

	One-Way Operaion		Two-Way Operation
Use	Curbline Opening (feet)	Driveway Width (feet)	Curbline Opening (feet)	Driveway Width (feet)
Three- to ten-family residence	12 to 15	10 to 13	12 to 30	10 to 26
Eleven-family or over	12 to 30	10 to 26	24 to 36	20 to 30
Commercial or industrial	24 to 50	24 to 34	30 to 50	30 to 46
Service station	15 to 36	12 to 34	24 to 36	20 to 34

Intersections. Driveways used for two-way operation shall intersect any collector or arterial road at any angle as nearly 90º as site conditions will permit and in no case less than 60º. Driveways used by vehicles in one direction of travel (right turn only) may form an angle smaller than 60º, but only with a collector or arterial road when acceleration and deceleration lanes are provided.

Grades. Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. All driveway profiles and grades shall be submitted to and approved by the Township Engineer. Should a sidewalk be so located with respect to the curb at a driveway opening that vehicle undercarriage is likely to drag, the sidewalk involved should be adequately depressed or elevated to avoid such a result.

Acceleration lane. Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and the abutting road is classified as an arterial or collector road, an acceleration lane shall be provided in accordance with A Policy of Geometric Design of Rural Highways, American Association of State Highway Officials.

Deceleration lanes. Where a driveway serves as an entrance to a land development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any arterial or collector road. The deceleration lane shall at least measure 200 feet long and 13 feet wide, measured from the abutting roadway curbline. A minimum forty-foot curb return radius shall be used from the deceleration lane into the driveway.

Site improvement standards.

Refuse disposal. Refuse depositories shall not be exposed to public view and shall be nonpolluting, covered from weather and secure from vandalism. Compactor units shall afford completely sealed operation and efficient access by collection vehicles.

Additional design criteria for planned developments. In addition to complying with design requirements and standards listed above, those contained in this chapter relating to contemplated improvements or in connection with specific uses as specified in the other articles of this chapter, site plans for planned development of any kind also shall be subject to the following:

The open space and recreation plan shall conform to Article XIV, Environmental Review and Site Analysis, and requirements of the individual zones of this chapter.

Energy conservation. Innovative design for energy conservation shall be encouraged. The location and siting of buildings or structures which may not conform strictly to other standards contained herein shall be permitted when the Planning Board finds that such deviation will not endanger the health, safety or welfare of occupants in the buildings or its surroundings. In this context, "energy conservation" shall mean reduced consumption of natural or artificial fuels or energy.

Staging requirements. The standards and requirements are found in Article XIV, Environmental Review and Site Analysis, of this chapter. Information on phasing of the project shall also be submitted.

Recycling centers. Recycling centers in commercial or industrial sites shall meet the following design standards:

[Added 2-1-1993 by Ord. No. 1140-93]

Recycling centers shall be of adequate size to contain all materials generated on site between pickups.

Recycling centers shall be covered from the weather, unless covered rolloff containers are used.

Recycling centers shall be constructed using either masonry construction, minimum six feet high, with solid wood gates, or solid wood fence and gates, minimum six feet high, anchored by masonry piers on all corners and every eight feet of fence length.

The exterior of all recycling centers shall be painted or colored to match the color of the principal structure(s) or architecturally coordinated to match the materials of the building.

§ 203-123 General improvement requirements and specifications.

All recycling centers shall be constructed on a minimum six-inch-thick reinforced concrete pad.

On-tract improvements. On-tract improvements, including grading street rights-of-way, street or shoulder paving, curb and gutters, street signs, streetlighting, street trees, sidewalks, survey monuments, surface drainageways, surface drainage structures and facilities, soil erosion and sediment control devices, potable water supply structures and facilities, sanitary sewerage facilities and, in the case of site plans, off-street parking and loading areas and improvements and screen or buffer planting, as specified in Article XIV, Environmental Review and Site Analysis, or separate requirements of the various zones and according to design criteria contained in § 203-135 of this chapter shall be required, where applicable, in connection with all minor and major subdivisions and site plan developments, including permitted planned developments of any kind.

Off-tract improvements required. As a condition of final subdivision or site plan approval, the Planning Board may require an applicant to pay his pro rata share of the costs of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property lines of the development but necessitated or required by construction or improvements within such development. The proportionate or pro rata share of the costs of such facility shall be borne by each developer or owner based on the criteria established herein.

[Amended 8-1-1994 by Ord. No. 1177-94]

In cases where the need for an off-tract improvement or improvements is necessitated or required by the development and where no other property owner receives a special benefit therefrom, the applicant may be required as a condition of approval at the applicant's expense to provide for and construct such improvements as if such were an on-tract improvement in the manner provided above and otherwise provided by law.

In cases where the need for any off-tract improvement is necessitated by the development 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:

Sanitary sewers and water facilities: as determined by the Hamilton Township Municipal Utilities Authority.

Street improvements. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements, the construction or reconstruction of new or existing streets and other associated street or traffic improvements, the applicant's proportionate cost shall be as follows:

The applicant's traffic engineer shall provide the applicant with the existing and anticipated future peak hour flows for the off-street improvement.

The applicant shall furnish a plan for the proposed off-tract improvements which shall include the estimated peak hour traffic generated by the proposed development and an estimate of the cost of implementing the improvement. The ratio of the peak hour traffic generated by the proposed development to the future addition of 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 Roadway Improvement

Future Peak Hour Traffic Generated by the Development Divided by the Future Total Peak Hour Traffic

[a]

For example, a proposed development would require a traffic improvement such as a traffic signal to be installed to mitigate the impacts of the development's traffic. The cost to design and construct a traffic signal at intersection A is estimated to cost $150,000. The development is estimated to produce 500 peak hour trips through intersection A in the year of completion of the development. The total projected traffic through intersection A in the year the development is projected to be completed was estimated to be 3,000 vehicles. The developer's cost would be estimated as follows:

Developer's Cost	=	$150,000.00	x	500 Peak Hour Development Trips
				3,000 Total Future Peak Hour Trips
Developer's Cost	=	$25,000.00.

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 drain facilities or appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:

The capacity and design of drainage systems to accommodate the stormwater runoff shall be based on criteria contained in § 203-132 (Stormwater management) of this chapter. The system shall be designed by the developer's engineer and approved by the Planning Board Engineer.

The capacity of the enlarged, extended or improved system required for the subdivision and/or site plan and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer, subject to approval by the Planning Board's 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 Planning Board's Engineer. The pro rata share for the proposed improvement shall be computed as follows:

			Total Drainage	x	Developer's CFS
	Developer's Cost	=	Improvement Cost Total Tributary CFS

Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvements 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 has not begun within 10 years of the deposit, all moneys and interest shall be returned to the applicant.

In any case in which an applicant shall not provide the Planning Board with the estimates of a traffic consultant and or consulting engineer with regard to estimating improvement costs and all other information necessary to proportion costs, the Planning Board may rely on the estimates of the Planning Board Engineer and/or Planning Board Traffic Engineer in order to prorate costs.

Installation of improvements. No final plat of a major subdivision or site plan, or phase thereof, shall be approved by the Planning Board until the satisfactory completion of all required improvements, as set forth in the Planning Board's resolution granting preliminary subdivision or site plan approval, shall have been certified to the Planning Board by the Municipal Engineer, unless the developer shall have filed with the Township a performance guaranty sufficient in amount and of a suitable form to cover the cost of all such improvements or the uncompleted portion thereof, as approved by the Township Engineer, and guaranteeing the installation of any such uncompleted improvements on or before a date to be specified by the Planning Board. All roadways shall have a base course installed no later than when construction permits have been issued for 10% of the proposed dwelling units and a final course no later than when construction permits have been issued for 90% of the units in the development phase covered by the guaranty. No minor subdivision shall be approved by the Planning Board until the developer shall have filed with the Township a performance guaranty sufficient in amount to cover the cost of all required on-tract and off-tract improvements and guaranteeing the installation of such uncompleted improvements on or before a date to be specified by the Planning Board.

[Amended 10-1-2012 by Ord. No. 1728-2012; 10-21-2013 by Ord. No. 1755-2013]

Concrete structures.

Concrete structures shall conform to the American Society for Testing and Materials cement designations C-150, Type 1, for standard portland cement; C-150, Type 3, for high-early-strength portland cement; and C-175, Type 1-A, for air-entraining portland cement. Vinsol resin or Darex A.E.A. shall be used as the air-entraining agent, and both fine and coarse aggregate shall conform to requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended. Unless otherwise specified, all concrete shall be air-entrained, having 4% to 7% entrained air.

Concrete shall be Class A, B, C or D as prescribed, proportioned as follows:

Class	Cement	Sand	Coarse Aggregate	Void Contact
A	1	1.50	3.0	1.35
B	1	1.75	3.5	1.55
C	1	2.00	4.0	1.80
D	1	2.25	4.5	2.00

Required reinforcing steel shall be intermediate grade deformed bars conforming to American Society for Testing and Materials Designations A 617-76 and A 615-76A, as amended.

Required joint filler shall be a cellular compression material conforming to the requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended.

In the construction of required concrete structures, the Township Engineer will determine the slump range within which the contractor must work. Transit mix concrete may be used if obtained from sources approved by the Township Engineer. On-site mixing and proportioning equipment will also be subject to the approval of the Township Engineer.

Forms shall conform to lines, dimensions and grades shown on plans and may only be omitted when soil conditions and workmanship permit accurate excavation to specifications. Forms shall be firmly braced, tight and capable of resisting movement, bulging or mortar leakage. Forms shall be smooth and clear and shall be completely removed.

Soil bases for concrete work shall be properly finished to prescribed lines, grades and dimensions and shall be approved by the Township Engineer or his representative before concrete is placed. All areas to receive water, except soil surfaces and forms, shall be uniformly damp when concrete is plated so as to avoid segregation. Concrete that has begun to set or has been contaminated with foreign materials or that has too much water shall not be used. Pouring shall be done in a continuous process until an individual section is complete. All concrete shall be thoroughly compacted with a vibrator or other suitable equipment. Finished concrete shall have a wood-float finish, unless otherwise specified by the Township Engineer, and shall be kept continuously moist for a period of three days. Curing shall be accomplished at the direction of the Township Engineer. Expansion joints shall be provided as prescribed and shall extend the full thickness of the concrete. Concrete shall not be poured when the temperature is below 40º F. or during periods of precipitation unless precautions acceptable to the Township Engineer have been taken to prevent damage to the work. Precautions to avoid freezing of the concrete shall be in accordance with current recommendations of the American Concrete Institute.

§ 203-124 Street improvements.

The width of street rights-of-way to be required shall be as shown on the approved preliminary subdivision or site development plan in accordance with the system of street classification set forth in § 203-121B of this chapter. Street right-of-way improvements shall include the following.

Street paving.

All on-tract streets shall be paved in conformance with the Standard Specifications For Road and Bridge Construction of the New Jersey Department of Transportation, latest revision (hereinafter referred to as the "Standard Specifications"). Material thickness shall be as shown on Diagrams 1 through 3 in § 203-135 of this article.[1]

[Amended 7-7-1997 by Ord. No. 1261-97]

Editor's Note: Diagrams 1 through 3 are located at the end of this chapter.

Base course shall be constructed in accordance with the provisions of Section 301 of the Standard Specifications. Gravel base course material shall be soil aggregate, Designation I-5. Recycled concrete or asphalt, conforming to the Dense Graded Aggregate requirements of the Standard Specifications, may be used in lieu of gravel base course.

[Amended 7-7-1997 by Ord. No. 1261-97]

Bituminous stabilized base course materials shall conform to Section 304 of the Standard Specifications. Before construction of the bituminous-stabilized base course, the gravel base shall be in a properly finished condition conforming to the proper line and grade and free of soft spots or other deficiencies. Within 24 hours prior to the commencement of paving, the gravel base course shall be tested by running a roller of a weight as great or greater than that to be used in the paving operation over the entire pavement area. When, in the opinion of the Township Engineer or his representative, such testing results in excessive deformation, the developer will be required to stabilize the gravel base course in a manner satisfactory to the Township Engineer.

[Amended 7-7-1997 by Ord. No. 1261-97]

The method of construction of the bituminous-stabilized base course shall conform to the same State of New Jersey specifications referred to above for base course materials. Upon completion, uniformly selected core samples intact for full thickness of the base course may be required at the rate of one sample for every 1,000 square yards of base course, at the expense of the developer. Where deficiencies in required thickness are noted, at least two additional cores will be required to determine the extent of the deficiency.

The average thickness of the bituminous-stabilized base course, as determined from the core samples, shall be not less than the thickness specified in Diagrams 1 through 3, contained in § 203-135 of this article.[2] When the pavement, as indicated by any core sample, shows a deficiency of 1/4 inch or more from the required thickness, the Township Engineer, at his option, may direct the developer to:

Remove and replace the bituminous-stabilized base course to the correct thickness; or

Construct an overlay of bituminous concrete suitable to the Engineer to correct the thickness deficiency.

Editor's Note: Diagrams 1 through 3 are located at the end of this chapter.

Materials for surface course, as required in Diagrams 1 through 3 of § 203-135 of this article,[3] shall be FAB-1, Mix I-5, as specified in Section 404 of the Standard Specifications. Surface course shall be placed over a properly installed and, where needed, repaired base course. Prior to construction of the surface course, a tack coat as specified in Section 404.02 of the Standard Specifications shall be applied.

[Amended 7-7-1997 by Ord. No. 1261-97]

Editor's Note: Diagrams 1 through 3 are located at the end of this chapter.

Upon completion of the surface course, the developer may be required to provide core samples therefrom in accordance with the procedures outlined above for base course sampling. The average thickness of the FABC-1 surface course, as determined from the core samples, shall not be less than the thickness specified in Diagrams 1 through 3 of § 203-131 of this article.[4] When the pavement, as indicated by any core sample, shall show a deficiency of 1/4 inch or more from the required thickness, the Township Engineer, at his option, may direct the developer to:

Remove and replace FABC-1 surface course to the correct thickness; or

Construct an overlay of bituminous concrete suitable to the Engineer, to correct the thickness deficiency.

Editor's Note: Diagrams 1 through 3 are located at the end of this chapter.

Curbs and gutters.

Standard monolithic concrete curb and gutter will be required along the pavement edge of streets in conformance with the improvement standards as defined on Diagrams 1 through 3 and Diagram 5 contained herein.[5] Concrete shall be Class B with Type I cement. There will be no waiver of curbs, and concrete header curbs must be installed in lieu of standard concrete curbs.

Editor's Note: Diagrams 1 through 3 and Diagram 5 are located at the end of this chapter.

Expansion joints shall be provided at intervals of 20 feet and when new construction abuts existing construction. The expansion joints shall be filled with one-half-inch-thick cellular material conforming to the requirements therefor contained in the Standard Specifications of the New Jersey Department of Transportation, as amended to date, to within 1/2 inch of the top and face of the curb and to within 1/4 inch of the top of the gutter. All joints shall extend the full depth of the structure.

Finished curbs and gutters shall be true to applicable grades, lines, dimensions and curvatures. Exposed edges shall be neatly rounded to a one-half-inch radius. Completed work shall be protected from traffic and the elements and shall be kept moist for at least three days. Damaged, broken or cracked work shall be renewed by the developer at his expense.

In those cases where a developer requests a waiver from the requirements for standard curbing as set forth in this section, the Planning Board, in considering a request for such waiver, shall apply the following guidelines:

Curbing should be required in the case of any development generating large volumes of vehicular traffic or lying in close proximity to such development.

Curbing should be required in conjunction with multifamily residential developments and in higher density single- or two-family subdivisions having an average lot size of less than 1/2 acre.

Curbing should be required in conjunction with single-family subdivisions having average lot sizes of one acre or less, unless it can be demonstrated to the satisfaction of the Township Engineer that all new surface runoff will be accommodated on site, that shoulder construction or percolation characteristics of roadside soils are such that excessive rutting of shoulder areas will not occur and that the existing or proposed topography is such that water ponding will not occur.

Curbing should be required along existing and proposed township streets or roads in conjunction with any proposed development that would otherwise contribute to an adverse drainage condition, soil erosion or stream or watercourse siltation.

To encourage low-impact development, curbs are discouraged along proposed streets except where required by the Township when deemed necessary for stormwater management, traffic control, pedestrian safety or to provide for roadway stability. Curbs are used only on one side of the road and the road cross slope is away from the curb or a cut may be utilized to drain runoff to a vegetated open channel or bioretention area behind the curb. (See Figure 8, Appendix A.[6])

[Added 5-4-2009 by Ord. No. 1647-2009]

Editor's Note: Appendix A, Stormwater Landscape Illustrations, Figure 8, Bioretention Swale Along Street, is included at the end of this chapter.

Sidewalks.

Except as provided in Subsection C(3) below, sidewalks shall be required along all streets, both existing and new.

[Amended 8-17-1992 by Ord. No. 1127-92; 6-17-2002 by Ord. No. 1429-2002; 4-3-2006 by Ord. No. 1555-2006]

Sidewalks on the west side of Route 50, between 13^th Street and Main Street, and within the Historic District, along both sides of Main Street, from the intersection with Route 40 and River Drive to Mill Street, and Mill Street, from Main Street to the intersection of Routes 40 and 50, shall be of the following types:

On both sides of Main Street between Farragut Avenue and Route 50 and at all intersections, sidewalk shall be of brick construction (as shown on Diagram 14.[7]

[7]

Editor's Note: Diagram 14 is located at the end of this chapter.

Elsewhere within this area, sidewalks shall be concrete with brick soldier course installed after every second square (as shown on Diagram 14a[8]).

[8]

Editor's Note: Diagram 14a is located at the end of this chapter.

All other sidewalks shall be constructed in accordance with the provisions of this section and as defined and shown on Diagrams 1 through 3[9] contained herein and shall be constructed with Portland cement concrete, Class B, Type I, cement. All applicable construction details listed for curb construction shall be observed in the construction of Portland cement concrete sidewalks.

[9]

Editor's Note: Diagrams 1 through 3 are located at the end of this chapter.

Existing concrete sidewalks on the west side of Route 50, between 13^th Street and Main Street, and along Main Street from the intersection with Route 40 and River Drive to Mill Street, and Mill Street, from Main Street to the intersection of Routes 40 and 50, may be repaired in kind in the interest of pedestrian safety.

Repair is defined as restoring or replacing with the same material the square section that is damaged, provided that no more than 30% of the sidewalk along the property frontage is repaired within a five-year period.

The repair of existing sidewalk in this area shall require Historic Preservation Commission approval prior to issuance of a zoning permit.

Finished sidewalks shall be true to specified lines, grade, dimensions and curvatures. Completed work shall be adequately protected from traffic and the elements.

In those cases where a developer requests a waiver from the requirement of sidewalks as set forth in this section, the Planning Board, in considering such waiver, shall apply the following guidelines:

Sidewalks should be required in the case of any development or portion thereof where pedestrian movement to school sites and other pedestrian-movement generators, including but not limited to recreational facilities, churches, clubs, eating establishments and retail shopping centers.

In situations other than those listed in Subsection C(3)(a) above, sidewalks along both sides of a street should be required when permitted residential lots have an average size less than or equal to 10,000 square feet and no internal open space walkway system is provided; along one side of a street only in cases where residential lots range between 10,000 square feet and 40,000 square feet and no open space walkway system is provided; and no sidewalk should be required in cases where residential lots are greater than one acre or where adequate internal open space walkway systems are provided. In all cases, the Planning Board shall take into account the nature and intensity of neighboring uses as well as the peculiar size, use and character of the development proposed.

[Amended 7-7-1997 by Ord. No. 1261-97]

For sidewalks located in a street right-of-way, a five-foot minimum planting strip between the curb and sidewalk is to be used for bioretention swales. (See Figures 2 and 4, Appendix A.[10])

[Added 5-4-2009 by Ord. No. 1647-2009]

[10]

Editor's Note: Appendix A, Stormwater Landscape Illustrations, Figure 2, Bioretention Swale Cross Section, and Figure 4, Bioretention Cell Cross Section, are included at the end of this chapter.

Bikeway design.

The purpose of bikeway design is to provide adequate circulation for bicycle riders throughout Hamilton Township which minimizes interactions between bicyclists, pedestrians and motorists.

Classifications shall be as follows:

Class 1: a completely separated right-of-way designated for the exclusive flow of bicycles. Cross-flow conflicts by pedestrians and automobiles are minimized.

Class 2: a restricted right-of-way designated for the exclusive flow of bicycles. Through-travel flow by automobiles or pedestrians is not allowed. Cross-flows by pedestrians and automobiles is allowed. The restricted right-of-way for Classification 2 is formed by vertical markers, painted extruded asphalt curbs or raised pavement.

Minimum standards shall be as follows:

Minimum width:

Class 1:

One-way: six feet.

Two-way: 10 feet.

Class 2:

One-way: eight feet.

Two-way: 12 feet.

Minimum clearance (overhead): eight feet.

Bikeway surface base and subgrade. As required by New Jersey Department of Transportation or Township Engineer's specifications, where bikeways intersect with streets or driveways, that portion of the bikeway crossing the street or driveway shall be constructed to the township roadway standards.

Signage. Identification, directional and safety signs shall meet New Jersey Department of Transportation and Township Engineer's specifications.

Lighting. If lighting is provided along bikeways, it shall meet criteria established by the New Jersey Department of Transportation.

Other standards: residential.

All planned developments in the township shall incorporate interdevelopment bikeway linkage at a minimum of two locations per development. Where developments are adjacent, one of the linkage points shall be a Class 1 bikeway.

Linkages between planned residential and planned commercial developments shall, at a minimum, consist of a Class 2 bikeway with adequate barrier separation, signage and, if deemed necessary by the Planning Board and Township Engineer, signalization to minimize safety risks to both bicyclists and motorists.

Bikeway design specifications. Bikeways shall be constructed of a four-inch gravel base course and two-inch bituminous surface. Where bikeways are part of or cross state, county or township roads, they shall be constructed as specified by the approving authority. Materials shall be as specified in § 203-123 of this article.

Temporary street improvements and extension of township streets. No building permit shall be issued for the construction of any building or structure unless the lot on which the construction is to occur abuts a street improved for the full frontage of the lot to township standards as set forth in Subsection E(4) of this section or such suitable improvement has been assured by means of a performance guaranty. Relief, however, from this requirement may be granted pursuant to the terms of this section. Further, nothing contained herein is intended to limit the powers of the Zoning Board of Adjustment as provided in N.J.S.A. 40:55D-36. Existing lots which abut roads paved with bituminous surface treatment for the full frontage of the lot shall be exempt from this section.

[Amended 8-4-1997 by Ord. No. 1280-97]

Municipal agreement.

The owner of a single building lot abutting an unimproved street may apply to the Zoning Officer for a permit to construct a temporary street not meeting the normal construction requirements of Subsection E(4) of this section. The temporary street shall be constructed from the nearest street improved to township standards to a point which includes the full frontage of the owner's lot. The applicant shall provide the Zoning Officer with the following;

A completed application form.

Four copies of the plan and profile, a copy of the estimate as specified in Subsection E(3) of this section and a copy of an estimate for a street as required by Subsection E(4) of this section, said latter estimate being prepared using the projected date for completion of the street to township standards. All plans, profiles and estimates shall be prepared by the owner's engineer, and a copy of the engineer's invoice for preparation of same shall be filed with the Zoning Officer.

The location and length of the proposed temporary street.

The projected date for the completion of the street to township standards, which shall not exceed six years.

A certified list of each owner of record or property abutting the unimproved street from the nearest street improved to township standards to a point which includes the full frontage of the owner's lot.

The owner shall pay all costs incurred by the township and its professionals and shall post 5% of the estimate at the time a request is filed with the Zoning Officer.

The Zoning Officer shall provide the information to the Township Engineer, who shall approve the plan, profile and written estimates. The Zoning Officer shall forward the approved plan and estimates to the applicant.

The applicant shall notify by certified mail each abutting owner of record of the proposed temporary street, using a form supplied by the Zoning Officer, asking said abutting owners to share the cost of the streets to be constructed in accordance with Subsection E(3) and (4) of this section. The abutting owner shall be asked to respond within 30 days. The notification shall include copies of the approved plans and the approved estimate.

Abutting owners who agree to share in the cost of the street improvement shall reimburse the original applicant for their proportionate share of the engineering costs and escrow fees.

The applicant must obtain all necessary permits and approvals from local, county, state or federal agencies prior to construction.

The township may then enter into a written agreement with the applicant and any or all of the other property owners on the unimproved street so as to provide for the establishment of an interest-bearing escrow account for the collection of the necessary funds to construct the street to township standards as of the projected completion date. Said funds shall be collected from those property owners taking part, either as an added assessment to be included on their respective tax bills or as may be otherwise agreed to with the township. It shall be the responsibility of the individual property owners and not the township to collect any payments due under such an agreement. In the event of default by any property owner, the remaining property owners shall be responsible for the uncollected proportionate share.

Upon the collection of the full amount pursuant to the agreement, the township shall, as a part of its next succeeding annual road repair and construction program, construct the street to the township standards in accordance with this section.

At any time prior to the construction of the street to township standards pursuant to municipal agreement, the property owners participating in the municipal agreement may construct a temporary street pursuant to the construction standards set forth in Subsection E(3) of this section. Upon the construction of such a temporary street, the property owners participating in the municipal agreement shall be entitled to obtain building permits for their lots.

If, for any reason, any of the parties to an agreement for improvement of a street shall fail to make a payment when obligated, the remaining parties shall become jointly and severally obligated to make that payment and to maintain the agreed-upon payment schedule. The township shall have the option of redistributing the cost to the remaining property owners who are parties to the agreement in proportion to their agreed-upon allocation or the township may issue stop notice on ongoing construction and/or refuse to issue additional building permits on the temporary street, as it shall deem to be in the best interest of the township.

(j)

The obligation of maintenance of such a temporary street shall remain solely and exclusively with the abutting property owners until such time as the street has been constructed to township standards. The obligation to maintain the temporary street shall include but not be limited to snow removal and drainage problems. The obligation of maintenance shall shift to the township only upon construction of the street to township standards and acceptance by the township of the street, in accordance with the ordinances of the township and the statutes of the State of New Jersey.

(k)

Building permits shall be issued to owners of lots not sharing in the cost of the temporary street improvement and not entering into the municipal agreement only upon entering into the municipal agreement and reimbursing the original participants of the municipal agreement for the difference between what was paid by them and what would have been paid if the owner had initially entered into the municipal agreement.

Relief from construction requirement.

In the event that only one property owner applies for a permit pursuant to Subsection E(1) above and no other property owner on the unimproved street joins in the request within a thirty-day period, the applicant may then apply to the Zoning Board of Adjustment for relief from the requirement that a building lot abut an improved street. Application shall be made to the Zoning Board of Adjustment which may allow the applicant to obtain a permit to construct and maintain a temporary street in accordance with the construction standards in Subsection E(3) of this section, and, upon construction of such a temporary street, the applicant shall be entitled to obtain a building permit for said lot although it does not abut a street improved to township standards.

Granting relief by the Zoning Board of Adjustment shall include but not be limited to the following conditions:

The temporary street must be constructed for the full frontage of the applicant's property to the nearest improved street.

The applicant shall ensure adequate access for police, fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of the public health, safety and welfare.

The temporary street must follow the street lines as shown on the Official Map or Township Tax Map or as may be required by the Township Engineer.

Relief under this subsection shall not be granted by the Zoning Board of Adjustment with respect to the owner of any lot on an unimproved street who is given the prior opportunity to participate in the municipal agreement but did not. All subsequent applications shall be made pursuant to Subsection E(1) of this section.

Construction standards for temporary street improvement and extension.

The property owner or owners shall engage a licensed engineer to prepare a plan and profile of the proposed street improvement The plan shall include and delineate all drainage structures required within the limits of construction and an estimate of quantities for the entire improvements. Drainage calculations shall be submitted if required by the Township Engineer.

Upon review and approval by the Township Engineer, a temporary street improvement may be constructed. This construction shall be constructed to the lines and grades on the approved plan and profile. The Township Engineer shall also determine if the drainage structures must be constructed at the time of the temporary extension or may be deferred to when the road is improved to township standards. Minimum specifications shall be as follows:

Minimum cartway width shall be 20 feet. In the event that the existing cartway width is more than 20 feet, the proposed temporary street extension shall match the existing width of paved surface.

[Amended 7-7-1997 by Ord. No. 1261-97; 8-4-1997 by Ord. No. 1280-97]

The temporary street extension shall be constructed of six-inch-thick base course, conforming to New Jersey Department of Transportation specifications for soil aggregate or dense graded aggregate designation I-5, on the graded and compacted subbase. It shall be constructed in accordance with Section 301 of the Standard Specifications.

[Amended 8-4-1997 by Ord. No. 1280-97]

The field stakeout of the improvement shall be performed by a licensed professional who shall certify that the construction has been performed according to the approved plan and profile. This certification shall be forwarded to the Township Engineer upon completion of the construction.

Township standards for permanent street improvement. At the end of the specified period, the street shall be included for improvement in the township road program. Final surface course shall be as follows:

[Amended 8-4-1997 by Ord. No. 1280-97[11]]

The extended surface course shall be two inches thick, FABC surface course, Mix I-5, conforming to and constructed in accordance with the New Jersey Department of Transportation Standard Specifications. The existing gravel surface course shall be regraded as required and gravel added if necessary. The gravel surface shall be prime coated with asphaltic oil grade MC-30 conforming to the requirements of Article 8.1.7 of the Standard Specifications. The rate of application shall be 0.10 gallons and 0.25 gallons per square yard as directed by the Engineer.

All drainage structures shall be constructed prior to the construction of the final surface course and inspected by the Township Engineer. Details shall conform to Article XII, Subdivision, Site Plan and Conditional Use Approval, of this chapter.

[11]

Editor's Note: This ordinance also deleted former Subsection (4)(a), pertaining to nearest streets composed of an oil and stone surface.

Model bus stop.

[Added 5-20-2002 by Ord. No. 1425-2002]

Every major subdivision up to a total of 24 dwelling lots may require the construction of one bus stop consistent with the Hamilton Township Bus Stop Prototype Plan, a copy of which is attached hereto and made a part of this Ordinance as Diagram Number 15,[12] at a location or locations to be approved after review and recommendation by the Hamilton Township School Board.

[12]

Editor's Note: Diagram 15 is located at the end of chapter.

For major subdivisions of 25 dwelling lots or more, one bus stop, consistent with the Bus Stop Prototype Plan, shall be required for every 25 dwelling lots; if the proposed number of dwelling lots is not equal to an increment of 25, a bus stop may nevertheless be required for that portion of the proposed major subdivision.

The determinations by the Planning Board under this section will be based upon existing or proposed development in the area of the proposed major subdivision, the number of proposed lots, existing or proposed traffic patterns, and the existence or required installation of sidewalks and curbs in the proposed subdivision.

§ 203-125 Sanitary sewers.

Sanitary sewer facilities shall be provided and installed in accordance with the specifications as required by the Hamilton Township Municipal Utilities Authority. Said sanitary sewer facilities shall be designed and installed for either immediate or future connection with a public sanitary sewer system approved by the New Jersey Department of Environmental Protection and the Hamilton Township Municipal Utilities Authority. In areas where a public sanitary sewer system does not exist or is not expected to be provided within a reasonable period of time, in the opinion of the Planning Board, the Board may waive the requirement that sanitary sewer facilities be installed for interconnection with a public sewer system.

All individual on-site septic systems may be installed within the front yard of the lots or in an area approved by the Building Inspector in order to facilitate the eventual connection of the system to public facilities.

§ 203-126 Water.

Water supply facilities and systems shall be provided and installed in accordance with specifications of the Municipal Utilities Authority. Said water supply facilities and systems shall be designed and installed for either immediate or future connection with a public or on-site community water supply facility or system approved by the New Jersey Department of Environmental Protection and the Hamilton Township Municipal Utilities Authority. In areas where public water supply does not exist or is not expected to be provided within a reasonable period of time in the opinion of the Planning Board, the Board may waive the requirement that water supply facilities be installed to connect with public water supply facilities or systems.

In those cases where a public water supply facility or system is not presently available and the site of the proposed subdivision is unsuitable and unsafe in terms of public health for individual on-site water supply facilities as determined by the New Jersey Department of Environmental Protection or other appropriate local agency, an on-site community water supply system approved by the New Jersey Department of Environmental Protection and the Hamilton Township Municipal Utilities Authority shall be installed. Said on-site water supply system facilities for those areas expected to be provided with public water supply facilities or systems shall be provided within a reasonable period of time.

Fire hydrants shall be as required by township specifications; operating cap nuts shall be one-and-one-half-inch pentagon. Hydrants shall be equipped with two hose nozzles and one steamer nozzle, size and thread to be in accordance with local fire company requirements. They shall have provision for a six-inch connection to the main. Valve opening for the hydrant shall be four inches. Valves should be installed between all fire hydrants and the supply mains.

§ 203-127 On-site fire protection.

[Amended 7-7-1997 by Ord. No. 1261-97]

In rural areas where no public water supply system is feasible, the developer shall provide an alternate system. Alternate systems are described below.

On-site water supply.

Ready availability of an adequate supply of water on site.

Automatic means of replenishment.

Provide a volume of water on site to satisfy NFPA Standard 123 1-75, Standard on Water and Rural Fire Fighting. Each alternate system proposed shall have a minimum volume of 6,000 gallons.

Provide an alarm system to indicate malfunctioning of the system.

Be self-contained and not depend upon portable pumps, auxiliary generators or other off-site mechanical equipment.

The system shall be designed to be as maintenance-free as possible, but provision shall be made for perpetual maintenance of the system.

The system shall be acceptable to local fire officials.

Dry water main system.

The system shall be designed for future connection to the public water supply system.

It shall conform to specifications of the Hamilton Township Municipal Utilities Authority.

It shall be pressure tested and conform to § 203-126, Water, of this article.

Drafting systems.

In areas adjacent to streams, lakes, ponds or other bodies of water supply, this type of system may be acceptable.

§ 203-131 Off-street or on-site improvements.

Final design, approval and acceptance is to be by the local fire officials.

These improvements shall be included in required improvements and shall be subject to inspection, performance guaranties, maintenance guaranties and all other regulations governing required municipal improvements.

§ 203-128 Street trees.

Wherever possible, the developer shall endeavor to preserve existing trees. Such existing trees, when located in reasonable proximity to the street line, may substitute for required new street tree planting. In other cases, the developer shall consult with the Hamilton Township Planning Board and its representatives, and on advice of such agency, shall propose and execute a street tree planting scheme providing acceptable species of shade or ornamental trees at least 2 1/2 inches in diameter, measured three feet above the ground, located in a manner that will result in a minimum of damage to sidewalks or utilities.

§ 203-129 Streetlighting.

[Amended 8-17-1992 by Ord. No. 1127-92; 7-7-1997 by Ord. No. 1261-97]

Adequate streetlighting shall be provided along all new streets, as approved by appropriate township officials. Lighting shall be installed at any street intersection, at pedestrian crosswalks, ends of culs-de-sac and at any private drive providing access to 10 or more parking spaces. Such lighting shall be equivalent in design and type to lighting standards approved by the township on public streets at the time of final approval of the development.

If the Planning Board includes as a condition of approval the installation of streetlighting on a dedicated public street connected to a public utility, then, upon notification in writing by the developer to the Planning Board and the Township Committee that the street lighting on a dedicated street has been installed and accepted by the public utility and that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street, the township shall, within 30 days following receipt of the notification, make appropriate arrangements for the public utility and assume the payment for the costs of streetlighting on the dedicated public street on a continuing basis. Compliance by the township with the provisions of this section shall not be deemed to constitute acceptance of the street by the township.

§ 203-130 Street signs.

Street signs and other warnings, direction or advisory signs or pavement marking shall be installed as per the directions of the Township Engineer. Such signs and other markings shall be of a size, color or design specified in the current edition of Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration, United States Department of Transportation. Off-street signs shall not be lighted with flashing light, and any light or reflecting light used in connection with such a sign shall not be so located or directed that it may be mistaken for a traffic signal or warning device or shine directly into adjoining residentially used buildings or private outdoor areas or interfere with vehicular traffic. All off-street signs, including traffic directional signs, shall be located on the same property with the use to which they are related. In the case of any planned development, the Planning Board may require that detailed deed restrictions, designed to adequately regulate the location, size, materials and construction of signs throughout the planned development, shall be prepared for filing prior to final approval of the planned development or any stage thereof.

The following off-street improvements shall be constructed or an adequate performance guaranty posted assuring their construction according to design standards contained in other sections of this article prior to the granting of final approval of any major subdivision or site development plan. Any such requirements made in connection with minor subdivisions shall be treated as a condition of final approval with an adequate performance guaranty therefor having been posted.

Off-street parking and loading. All required off-street parking and loading areas shall be surfaced with a compacted base course of material, thickness and grade as specified by the Township Engineer. The thickness of the base course shall be determined on the basis of expected use. All off-street loading areas and all off-street parking areas serving more than one individual use or providing more than five individual parking spaces shall be surfaced with asphaltic or portland cement concrete of materials and to thicknesses specified by the Township Engineer. In the case of parking bays only, an approved type of porous paving of a type acceptable to the Township Engineer may be substituted as the surface course in order to avoid unnecessary surface runoff.

Open space and recreation improvements. Any open space or recreation improvements required in connection with planned development applications that are proposed for dedication to the township or a homeowners' association shall be approved by the Township Planner and shall be constructed or installed according to construction and equipment standards promulgated by the township. Construction and equipment standards shall be in accordance with § 203-158E and approved by the Hamilton Township Planning Board. All open space and recreation improvements shall be subject to the posting of adequate performance guaranties prior to final development approval.

[Amended 6-5-2000 by Ord. No. 1367-2000]

Topsoil protection and soil erosion plan. Any topsoil moved or to be moved during the course of construction for any development shall be utilized on site and shall be redistributed so as to provide at least three inches of topsoil cover to all areas of the development not covered by building or paving. All such disturbed areas shall be stabilized by seeding, planting or sodding according to an approved soil erosion and sediment control plan approved by the Soil Conservation District. In the event that the site does not contain sufficient amounts of topsoil to provide three inches of cover to all areas of the development, the developer shall supply sufficient amounts to meet this requirement. Where found necessary by the Planning Board, required seeding, sodding, water retention structures, riprapping or other activities necessary to carry out the soil erosion and sedimentation control plan shall be made subject to the provisions of adequate performance and maintenance guaranties as specified in § 203-134 of this article.

On-site stormwater management components shall have adequate performance and maintenance guaranties posted.

Monuments. Survey monuments of a size and shape specified by N.J.S.A. 46:23-9.9 et seq. shall be installed in accordance with the provisions of that statute.

§ 203-132 (Reserved) [1]

Editor's Note: Former § 203-132, Stormwater management systems, as amended, was repealed 5-21-2007 by Ord. No. 1593-2007. See now Art. XXV, Stormwater Management.

§ 203-133 Inspection.

Preconstruction conference.

Prior to the construction of any required improvements, the developer shall schedule and hold a preconstruction conference(s) with the Township Engineer and Landscape Inspector. At the time of the Engineer's preconstruction conference, the developer shall provide the Township Engineer with the names of the contractors who are intended to install the required improvements, with certifications that each is qualified to perform the work involved. This certification shall specify that work of a similar nature and constituting at least 50% of the cost of the improvement to be installed in this project has been satisfactorily completed in the past.

§ 203-134 Performance and maintenance guaranties.

At the landscape preconstruction conference, certification shall be provided, using the standards established for contractors in the preceding subsection, that the landscape contractor is qualified to perform the work involved. The landscape contractor shall designate the nursery(ies) where the landscape materials are to be acquired and provide evidence that the materials are the best grade and have been examined for suitability, state of health, size, root condition, disease resistance, etc. The landscape contractor shall also provide a list of alternate plant sources that will be used if the materials delivered to the site are rejected by the Landscape Inspector.

Except as set forth herein, all required improvements shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least 48 hours prior to the start of any construction. No underground utilities or other underground installation of improvements shall be covered until inspected and approved. The Township Landscape Inspector shall be notified at least 48 hours prior to the start of installation and shall be on site when the installation commences to ensure proper techniques and suitable materials are used.

Fees to cover the costs of required inspections, including landscaping, shall be posted with the township in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the Engineer's estimate of required improvements as determined under § 203-134A(2). The requirement of such inspection and the payment of the required fees shall be included as a condition of final development approval. In the event that the developer elects to install improvements prior to final approval, the Engineer's estimate shall be submitted for approval and inspection fees shall be posted upon preliminary approval and prior to any construction of improvements. Additionally, the requirements for a preconstruction conference and the conditions thereof shall apply in the event that the developer so elects.

[Amended 8-17-1992 by Ord. No. 1127-92]

The standard specifications of Hamilton Township as presently or hereafter adopted or those otherwise set forth herein shall govern the construction and installation of all required improvements. However, sanitary sewer construction shall be governed by the specifications of the Hamilton Township Municipal Utilities Authority. In the event that the specific specifications for any construction are not set forth in this chapter, the standard specifications of the New Jersey Department of Transportation, as amended, shall govern such construction.

Posting; cost.

[Amended 8-17-1992 by Ord. No. 1127-92; 10-1-2012 by Ord. No. 1728-2012; 7-16-2018 by Ord. No. 1879-2018]

A performance guaranty shall be required to be posted prior to filing of a final subdivision plat or recording of a minor subdivision deed or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to Subsection d of the Municipal Land Use Law (MLUL) Chapter 55, N.J.S.A. 40:55D-65.

The amount of the performance guaranty shall be 120% of the cost of installation of those improvements required by an approval, developer's agreement, ordinance or regulation to be dedicated to the Township, which cost shall be determined by the Township Engineer according to the method of calculations set forth in the MLUL Chapter 55, N.J.S.A. 40:55D-53.4. The performance guaranty shall be for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., repealed by N.J.S.A. 46:26B-1 through 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, any grading necessitated by the preceding improvements and privately owned perimeter buffer landscaping as required by ordinance or imposed as a condition of approval. At the developer's option, a separate performance guaranty may be posted for the privately owned perimeter buffer landscaping.

The cost of the installation of improvements for the purposes of this section shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the Township Engineer's estimate to the County Construction Board of Appeals established pursuant to N.J.S.A. 52:27D-127.

Performance guaranties shall be in favor of Hamilton Township in an amount not to exceed 120% of the cost of installation of the improvements. Ten percent of the total guaranty shall be in cash deposited with the Township Clerk, and the remainder of the guaranty shall be in an acceptable form provided for in Subsection B (below).

In the event that a developer shall seek a temporary certificate of occupancy (T.C.O.) for a development, unit, lot, building or phase of development, the developer shall furnish a separate guaranty, referred to as a "temporary certificate of occupancy guaranty" in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the T.C.O. and which are required to be installed or completed as a condition precedent to the issuance of a permanent certificate of occupancy (C.O.) and which are not covered by an existing performance guaranty. Upon posting of a T.C.O. guaranty, all sums remaining under the original performance guaranty which relate to the development, unit, lot, building or phase of development for which the T.C.O. is being sought, shall be released. The scope and amount of the T.C.O. guaranty shall be determined by the Township Engineer. The T.C.O. guaranty shall be released by the Township Engineer upon issuance of a permanent C.O.

Safety and stabilization guaranty.

A developer shall be required to furnish, to the Township, a safety and stabilization guaranty in favor of the Township. At the developer's option, the safety and stabilization guaranty may be furnished either as a separate guaranty or as a line item in the original performance guaranty. The safety and stabilization guaranty shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition only in the circumstances that:

Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than the force majeure; and

Work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the municipality's intent to claim payment under the guaranty. The Township shall not provide notice of its intent to claim payment under a safety and stabilization guaranty until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.

The amount of a safety and stabilization guaranty for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000. The amount of a safety and stabilization guaranty for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.

The Township shall release a separate safety and stabilization guaranty to a developer upon the developer's furnishing of a performance guaranty which includes a line item for safety and stabilization in the amount required above.

The Township shall release a safety and stabilization guaranty upon the Township Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.

Guaranties. Performance guaranties required under this article shall be in one of the following forms and shall ensure that the proceeds will be available to Hamilton Township in the event that requirements for final approval guaranteed under the performance guaranties are not met:

A corporate surety bond furnished by a bonding company authorized to do business in the State of New Jersey.

A certified or cashier's check made payable to Hamilton Township.

An irrevocable letter of credit if it:

[Amended 8-17-1992 by Ord. No. 1127-92]

Constitutes an unconditional payment obligation of the issuer running solely to the township for an express initial period of time in the amount determined pursuant to Subsection A(2);

Is issued by a banking or savings institution authorized to do and doing business in this state;

Is for a period of time of at least one year; and

Permits the township to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.

The Township shall not require that a maintenance guaranty required pursuant to Subsection J be in cash or that more than 10% of a performance guaranty pursuant to this article be in cash. A developer may, however, provide at his option some or all of a maintenance guaranty in cash or more than 10% of a performance guaranty in cash.

[Added 8-17-1992 by Ord. No. 1127-92]

A tripartite escrow agreement in a form acceptable to the Township Solicitor in which one of the parties is a banking or savings institution authorized to do and doing business within the State of New Jersey.

[Added 8-17-1992 by Ord. No. 1127-92]

(Reserved)[1]

Editor's Note: Former Subsection C, regarding term limits on performance guaranties, as amended, was repealed 5-2-2016 by Ord. No. 1820-2016.

Lack of performance. If required improvements are not completed or corrected in accordance with the performance guaranty, the obligor or the surety, if there is one, shall be liable thereon to the Township for the reasonable costs of the improvements not completed or corrected, and the township may, either prior to or after receipt of the proceeds of the guaranty, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).

[Amended 8-17-1992 by Ord. No. 1127-92]

Verification.

[Amended 8-17-1992 by Ord. No. 1127-92]

All performance guaranties shall be submitted to the secretary or administrative officer of the approving board. One copy of the guaranty shall be forwarded to the Township Engineer, who shall notify the approval board and the Township Solicitor if the performance guaranty is in an amount sufficient to insure the completion of all required improvement. The required performance guaranty shall not exceed 120% of the costs of installation, which costs shall be determined by the Township Engineer pursuant to Subsection A(3) for the improvements which the approving authority may deem necessary or appropriate.

[Amended 7-16-2018 by Ord. No. 1879-2018]

The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.

Legal review. A copy of the performance guaranty shall be forwarded to the Township Solicitor, who shall review and approve it as to form and execution. The Township Solicitor shall notify the approving board as to the acceptability of the performance guaranty in terms of form and execution.

Record of performance guaranty. On granting final approval of a development, the performance guaranty posted and accepted shall be forwarded to the Township Clerk for filing. The board shall maintain a record of all performance guaranties received in connection with development.

[Amended 8-17-1992 by Ord. No. 1127-92]

Release.

[Amended 8-17-1992 by Ord. No. 1127-92]

When all of the required improvements have been. completed, the obligor shall request of the Township Committee, in writing, by certified mail, addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty, a list of uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. The Township Engineer shall inspect the improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Committee and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of and remedy for the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection E.

The Township Committee, by the resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of these improvements upon the establishment, in the resolution, of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guaranty, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements.

If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection H(1) of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the Township Committee fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

In the event that the obligor has made a cash deposit with the Township Committee as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.

Rejection. If any portion of the required improvements are rejected, the Township Committee may require the obligor to complete or correct such improvements; and, upon completion or correction, the same procedure of notification as set forth in this section shall be followed.

[Amended 8-17-1992 by Ord. No. 1127-92]

Maintenance guaranties.

[Amended 8-17-1992 by Ord. No. 1127-92; 4-20-1998 by Ord. No. 1302-98; 7-16-2018 by Ord. No. 1879-2018]

The developer shall post with the Township prior to the release of a performance guaranty, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.

The developer shall post with the Township upon the inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guaranty in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.

The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.

Verification. All maintenance guaranties shall be presented to the Township Clerk, who shall forward one copy of the guaranty to the Township Clerk and one copy to the Township Solicitor. The Township Engineer shall advise the Township Committee and the Township Solicitor if the maintenance guaranty is executed in the correct amount, and the Township Solicitor shall notify the Township Committee as to the acceptability of the maintenance guaranty in terms of form and execution.

Notice of expiration. The Township Clerk shall maintain a record of all maintenance guaranties received by the Township in connection with development approval and shall notify the Township Engineer 60 days prior to the expiration of such maintenance guaranties. Prior to the expiration of any maintenance guaranty or to the release of any maintenance guaranty, the Township Engineer shall inspect the improvements and report to the Township Committee concerning their condition and any deficiencies present. The Township Committee may, by resolution, release the guaranty if there are not deficiencies requiring correction.

Inspection fees. The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the inspection of improvements in accordance with the MLUL Chapter 55, N.J.S.A. 40:55D-53h, as amended. The developer may be required to post a deposit for all or a portion of the reasonably anticipated fees to be paid to the Township Engineer for such inspection.

[Amended 7-16-2018 by Ord. No. 1879-2018]

Development by stages. In the event that final approval is by stages or sections of development, the provisions of this article as to guaranties shall be applied by stage or section.

Other governmental agencies or public utilities. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the township for such utilities or improvements.

Contributions for off-tract improvements. Where contributions for off-tract improvements have been required for street improvements and water, sewage and drainage facilities and easements therefor, as a condition for final development approval, said contribution shall be paid to the township prior to the granting of final approval for any development. In the case of minor subdivisions, approval shall not be granted and the plat or other filing documents shall not be authorized and no building permit shall be issued unless and until said required contribution for off-tract improvements has been received by the Township Clerk and receipt thereof has been certified to the approving Board.

Off-tract improvements specifically benefiting more than the subject development.

Except as provided in Subsection O(3) below, the developer of every proposed development shall be required, as a condition of the grant of any approval pursuant to this article, to provide all off-tract public improvements which are necessary to serve or which benefit the subject property, even though such improvements may also specially benefit other properties. Except as noted in Subsection O(2) below, all such improvements shall be required, designed, sized and installed in accordance with the Master Plan, the Capital Improvements Program, the Official Map, this chapter and such other plans, programs, maps and ordinances adopted by or under consideration pursuant to public notice by the township or other governmental agencies having jurisdiction to guide growth and development at the time the first application in connection with such development is filed. In the absence of any such plan, program, map or ordinance, the public improvements shall be required, designed, sized and installed in accordance with the Township Engineer's determination based on good engineering practice and all available information concerning present and future needs. The cost of providing and installing such improvements shall be paid in accordance with the provisions of Subsection O(3) below.

The Planning Board may, as a condition of any approval required to be given by it pursuant to this article, require the installation of a public improvement of greater size or capacity than required by Subsection O(1) above when it deems such greater size or capacity to be necessary in light of factors not known or considered at the time the aforesaid plan, program, map or ordinance was adopted or placed under consideration. The costs due to installing such greater size or capacity shall be apportioned and paid in the same manner as other costs pursuant to Subsection O(3) below.

Subject to the right of the developer to petition the Township Committee for approval of an alternative financing arrangement pursuant to Subsection O(4) below, it shall be a condition of every approval granted pursuant to this article that all public improvements required to be installed pursuant to this section shall be installed at the sole cost and expense of the developer. Such approval shall, however, provide that the developer shall be entitled to reimbursement in the manner and to the extent authorized by Subsection O(5) below up to a maximum amount equal to the difference between the amount of such cost and expense paid by such developer and such developer's pro rata share of the cost of such improvement. Said pro rata share shall be an amount equal to the sum of the special benefit realized by such developer's property from such improvement plus such developer's property's pro rata share, based upon the ratio between its special benefit and the total of all special benefits, of the cost of such improvement not reflected in a special benefit to any tract.

Petition for alternative methods.

Whenever any approval required pursuant to this article is conditioned upon the developer's providing and installing any improvement required by this section at his sole cost and expense or at any cost and expense to such developer greater than his pro rata share of the cost of such improvement as specified in Subsection O(3) above, the developer may, in lieu of accepting such condition, petition the Township Committee, within 45 days following the granting of such approval, for an alternative method of financing such improvement. The developer shall notify the Planning Board upon filing such a petition.

Within 45 days following receipt of such petition, the Township Committee shall enter one or a combination of the following decisions and notify the developer and the Planning Board of its decision:

The petition is denied or partially denied and the developer shall be required to pay the full initial cost and expense of providing the improvement or specified portions of the improvements in question, subject to the right of reimbursement as provided in Subsection O(3) and (5) hereof.

The petition is granted or partially granted and the cost and expense of improvement or specified portions of the improvements up to a maximum amount equal to the total of the special benefits to be conferred by the improvements or portions thereof on all properties, including the subject property, shall be financed and paid as a general improvement at the general expense of the township. In any such case, the developer shall remain responsible for the payment and the guarantee of the amount by which the total cost and expense of providing said improvement exceeds the total value of the special benefits conferred on specific properties, including the subject property. In any case where the Committee determines that all or part of any improvement is to be financed as provided in this section, it shall determine the manner, method and timing of the installation of such improvements and shall adopt an ordinance authorizing and providing for the financing of such improvement in a manner consistent with such determination, with the developer's obligation for a portion of the cost and expense thereof as herein provided and with the provisions of law in such cases made and provided.

The petition is granted or partially granted and the cost and expense of the improvements or specified portion of the improvements up to a maximum amount equal to the total of the special benefits to be conferred by the improvement or portion thereof on all properties, other than the subject property, shall be financed and paid as a local improvement, the cost of which is to be assessed, in the manner provided by law, against the properties, other than the subject property, specially benefited thereby. In any such case, the developer shall remain responsible for the payment and the guarantee of an amount equal to the value of the special benefit conferred upon the subject property plus the amount by which the total cost and expense of providing said improvement exceeds the total value of the special benefits conferred on specific properties, including the subject property. In any case where the Board determines that all or part of any improvement is to be financed as provided in this Subsection O(4)(b)[3], it shall determine the manner, method and timing of the installation of such improvements and shall adopt an ordinance authorizing and providing for the financing of such improvement in a manner consistent with such determination, with the developer's obligation for a portion of the cost and expense thereof as herein provided and with the provisions of law in such cases made and provided.

When a petition is filed pursuant to this section, all time limits otherwise applicable to the processing of approvals or permits related to the subject development shall be extended by a period of time equal to the time between the date of the approval giving rise to the petition and the date on which the Township Committee enters its decision on the petition as hereinabove provided, and every such petition filed hereunder shall include a statement of the applicant consenting to such extension.

Reimbursements for special benefits.

Whenever a public improvement or any portion thereof required to be installed pursuant to this section is installed at the sole cost and expense of a developer or at any cost and expense to such developer greater than his pro rata share of the cost of such improvement as specified in Subsection O(3) above, the developer shall be entitled to reimbursement, up to the maximum amount specified in Subsection O(3) above, of his costs and expenses if, when and as other properties determined to be specifically benefited by such improvement subsequently seek approval for any development that will be served or benefited by such improvement.

In any such case, the approval of the application for the subject property shall include a determination by the Planning Board of all properties specially benefited by the improvement and of the value of the special benefit to each such property. The results of said determination and notice of the obligations on each specially benefited property pursuant thereto shall be recorded by the Planning Board Administrator in the records of the Atlantic County Recorder with respect to each such specially benefited property.