Before approving a subdivision or site plan,
the approving authority shall require that streets, public drainageways,
flood control basins and public areas designated for reservation on
the Master Plan must be shown on the plat in locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of time as may be agreed to by the developer. Unless
during such period or extension thereof the Township shall have entered
into a contract to purchase or institute condemnation proceedings
according to law for the fee or a lesser interest in the land comprising
such streets, ways, basins or areas, the developer shall not be bound
by such reservations shown on the plat and may proceed to use such
land for private use in accordance with applicable development regulations.
The provisions of this section shall not apply to streets and roads,
flood control basins or public drainageways necessitated by the subdivision
or land development and required for final approval.
Prior to approval of planned developments the
approving authority shall find the following facts and conclusions:
A. That the proposed development conforms to the Zoning
Ordinance standards for planned developments in this chapter.
B. That the proposals for maintenance and conservation
of the common open space are reliable and that the amount, location
and purpose of the common open space are adequate.
C. That provision through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic and the amenities of light and air and recreational
and visual enjoyment are adequate.
D. That the proposed planned development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established.
E. In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
The installation of improvements and/or guaranty of installation as required by the reviewing Board shall be governed by §
255-21 of this chapter. The reviewing Board may establish reasonable time limits for installation of improvements, given the size of the development.
All improvements in connection with a subdivision or site plan shall be inspected by the Municipal Engineer pursuant to §
255-23. The Municipal Engineer may permit minor deviations from the approved plans if an on-site inspection of the installations or an unforeseen circumstance should warrant said deviation.
Permits for structures arising out of site plan or subdivision approval shall be governed by §
255-22.
[Amended 2-13-2007 by Ord. No. 2007-07]
If requested by the developer, the Land Use
Board shall grant an informal review of the concept plan for development
for which the developer intends to prepare and submit an application
for development. No fees shall be required for such an informal hearing.
The developer shall not be bound by any concept plan for which review
is requested, and the reviewing Board shall not be bound by any such
review. No notices shall be required for such an informal hearing.
The minimum requirements for such an informal review by the Land Use
Board are as follows:
A. Ten copies of a plat at a scale of one inch equals
100 feet, which must be based on Tax Map information, including two-foot-interval
topographical maps as available through the Township or maps to equivalent
standards, said plats to also indicate lot and block numbers, existing
and proposed lines, existing and proposed improvements, such as streets
and structures, and present zoning.
B. A key map which may be based on the Tax Map information
indicating the premises being developed and lots within 1/2 mile of
the extreme limits of the proposed development.
[Added 12-29-1986 by Ord. No. 86-17]
A. Purpose. The preservation, protection and enhancement
of the Morris Canal is necessary because:
(1) The Morris Canal is recognized as a cultural resource
of national importance by its inclusion on the State and National
Registers of Historic Places.
(2) The Morris Canal was of great significance locally
to the social and economic development of Warren County as a whole
and of the individual municipalities through which it passed and is
so recognized by its inclusion in Warren County's Open Space Plan.
(3) The Morris Canal has environmental importance as a
drainageway, water retention basin and, in many cases, as a portion
of valuable natural area watersheds.
B. Zone designations. The definition of the Morris Canal
corridor on the Municipal Zoning Map shall include:
(1) The canal right-of-way, levels, prism, basins, locks
and inclined planes.
(2) Adjacent features, sites and structures, such as boat
yards, of primary importance to the operation of the canal.
(3) In addition, areas of special sensitivity within the
zone, including but not necessarily limited to special features, such
as the inclined planes, locks and boat basins and yards, shall be
designated.
C. Prohibitions. The following shall be prohibited:
(1) The indiscriminate dumping, filling and/or destruction
within the zone of the canal prism, towpath, banks and other related
physical features, both above and below ground.
(2) The issuance of building permits within the canal
zone that would negatively impact the extent of cultural resources
and/or the function of the canal as a drainageway, retention basin
or portion of a natural area watershed.
D. Provisions for driveways, underground utilities, sanitary
and stormwater sewers, streets, etc. The crossing of and the excavation
within the canal zone for any of the above mentioned purposes is to
be allowed only when there is no feasible and prudent alternative
and when such action is clearly in the public interest. Provisions
in this circumstance are to include:
(1) For utilities and sewers, work is to be done in such
a manner as to minimize the disturbance and/or destruction of significant
features, both above and below ground, and any such features disturbed
and/or destroyed in such work are to be restored to their preexisting
condition as closely as is feasibly possible.
(2) For driveways, work is to be done in such a way as
to minimize the disturbance and/or destruction of significant features,
both above and below ground, to restore the same where feasibly possible
and to ensure proper drainage flow.
(3) For minor and major subdivision applications and for
individual applications where multiple driveways would normally be
permitted, only one common driveway crossing of the canal zone is
to be permitted.
(4) In the above-mentioned circumstances, the provision
of more than one driveway may be allowed if it can be demonstrated
that the provision of a single driveway is not feasible.
(5) For major subdivisions where one or more streets are
proposed to cross the canal corridor, a bridge is to be provided to
carry the roadway over the canal prism. The same shall be required
for minor subdivisions if deemed by the Land Use Board to be appropriate
and in the public interest.
[Amended 2-13-2007 by Ord. No. 2007-07]
E. Conservation easements.
(1) Owners of property within the canal zone are encouraged
to donate conservation easements to the Township.
(2) Major and minor subdivision applicants are required
to designate conservation easements of the canal zone on the plans
for the subject property and to donate the same to the Township. The
above-mentioned requirement shall apply to site plan applications
where deemed appropriate by the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
F. Review procedures. The Land Use Board shall review
and comment as regards compliance with the provisions of this section.
The Board shall review and comment on not only site plans, minor subdivisions
and major subdivisions submitted to them but also building permits
and driveway opening permits for property within the canal zone submitted
to them by the Township Building Inspector.
[Amended 2-13-2007 by Ord. No. 2007-07]