The purpose of this Part 4 shall be to provide
rules, regulations and standards to guide land subdivision in the
Township of Mount Holly, in order to promote the public health, safety,
convenience and general welfare of the municipality. It shall be administered
to ensure the orderly growth and development, the conservation, protection,
and proper use of land and adequate provision for traffic and pedestrian
circulation, utilities and services.
Pursuant to the provisions of Section 28, P.L.
1975, c. 291,[1] approval of subdivision plats by resolution of the Planning
Board shall be required as a condition for the filing of such plats
with the county recording officer. Each application for subdivision
approval shall be submitted by the applicant to the County Planning
Board for review and approval and the reviewing Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
[1]
Editor's Note: See N.J.S.A. 40:55D-37.
A.
Any owner of land within the Township of Mount Holly
shall, prior to subdividing or resubdividing land, as defined in this
chapter, submit to the Secretary of the Planning Board, at least two
weeks prior to the regular meeting of the Board, a sketch plat of
the proposed subdivision for purposes of classification and preliminary
discussion. He shall fill in an application blank for classification
or for tentative approval of preliminary subdivision plat. He shall
provide 12 copies of the plat and application and the prescribed fee.
B.
The time for the Board's review shall not begin to
run until the submission of a complete application with the required
fee. Unless the applicant is informed, in writing, by the Secretary
of the Planning Board within 45 days of the actual submission of the
application that it is incomplete, said application shall be deemed
complete as of the date it was submitted.
A.
The Planning Board shall waive notice and public hearing for an application for development if the application for development conforms to the definition of "minor subdivisions." 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 § 149-204. When the approval is contingent upon certain stipulations, these stipulations shall be so noted on the recording instrument.
B.
Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the Secretary of the Planning Board 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 recording officer for purposes
of filing subdivision plats.
C.
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law, P.L. 1960, c. 141,[1] or a deed clearly describing the approved minor subdivision
is filed by the developer with the county recording officer and a
copy given to the Planning Board Secretary. Any such plat or deed
accepted for such filing shall have been signed by the Chairman and
Secretary of the Planning Board.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
D.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted, shall not be changed for a period of two years after
the date of minor subdivision approval, provided that the approved
minor subdivision shall have been duly recorded as provided herein.
E.
Copies.
(1)
Before the Secretary returns any approved sketch
plat to the subdivider, the Secretary shall have sufficient copies
made to furnish one copy to each of the following:
(2)
The cost of the copies will be charged to the
subdivider and shall be collected before the return of the original
sketch plat to the subdivider.
A.
If the sketch plat is classified as a major subdivision,
a notation to that effect shall be made on the plat which will be
returned.
B.
At least 10 black-on-white prints of the preliminary
plat together with three completed application forms for preliminary
approval shall be submitted to the Secretary two weeks prior to the
Planning Board meeting at which consideration is desired. At the time
of filing, prescribed fees shall be paid.
C.
Prior to final consideration of the plat, a public
hearing on the major subdivision will be held by the Planning Board.
The developer shall provide notice of the proposed development as
provided by law.
D.
Copies of the preliminary plat shall be forwarded
by the Secretary prior to the hearing to the following:
(1)
Mount Holly Water Company and Sewerage Authority.
It shall be incumbent upon the applicant to advise the Secretary of
the Planning Board of the approval or disapproval for the subdivision
to be connected with the water and sewer systems, the terms upon which
such connection will be accepted and a certification from the appropriate
official that sufficient capacity is available for the subdivision.
(2)
Municipal Manager.
(3)
County Engineer.
(4)
Municipal Engineer.
E.
The Planning Board shall act on the preliminary plat
within the prescribed time period after submission of a complete application
to the Secretary, but in no case before the expiration of the time
period within which the County Planning Board may submit a report
on said subdivision. In all cases, the recommendations of the County
Board shall be given careful consideration in the final decision of
the local Planning Board. If either the Planning Board or County Planning
Board disapprove a plat, the reasons for disapproval shall be remedied
prior to further consideration. Prior to preliminary approval of a
major subdivision, an approved soil erosion plan must be presented
to the Planning Board.
F.
If in the opinion of the Planning Board, a detailed
engineering review of the subdivision is required, the developer may
be required to establish an escrow with the Township to cover the
cost of this review and refer related costs.
A.
Preliminary approval of this section shall confer
upon the applicant the following rights for a three-year period from
the date of the preliminary approval:
(1)
That the general terms and conditions on which
preliminary approval was granted shall not be changed, including but
not limited to use requirements; layout and design standards for streets,
curbs and sidewalks; lot size, yard dimensions and off-tract improvements;
existing natural resources to be preserved on the site; vehicular
and pedestrian circulation, parking and loading; screening, landscaping
and location of structures; exterior lighting both for safety reasons
and street lighting, except that nothing herein shall be construed
to prevent the Township from modifying, by ordinance, such general
terms and conditions of preliminary approval as relate to public health
and safety.
(2)
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.
(3)
That the applicant may apply for and the reviewing
Board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
B.
In the case of a subdivision for 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 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 to 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 and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised stands may govern.
C.
Preliminary approval shall not authorize the filing
of the plat with the County Clerk, the sale of lots in reference thereto,
none of which shall be undertaken until final approval and posting
of the guaranties required as a condition to final approval but construction
of or the installations of streets, utilities or other off-site improvements
may be accomplished after preliminary approval.
A.
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 Part
IV for final approval, the conditions of preliminary approval and,
in the case of a major subdivision, the standards prescribed by the
Map Filing Law, P.L. 1960, c. 141,[1] 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 being required to submit another application for development
for preliminary approval.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the Secretary of
the reviewing Board or within such further time as may be consented
to by the applicant. Failure of the approving authority to act within
the period prescribed shall constitute final approval of the application
for final approval as submitted and a certificate of the Secretary
of the approving authority as to failure of the approving authority
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other required evidence
of approval.
C.
The final plat shall be submitted to the Secretary
for final approval within three years from the date of preliminary
approval or such extensions as approved by the Board. The Planning
Board shall act upon the final plat within the prescribed time period
from the date of submission of a complete application.
D.
The original tracing, one translucent tracing cloth
copy, two cloth prints, 10 black on white prints and three copies
of the application form for final approval shall be submitted to the
Secretary of the Planning Board at least 10 days prior to the date
of a regular Planning Board meeting. Unless the preliminary plat is
approved without changes, the final plat shall have incorporated all
changes or modifications required by the Planning Board.
E.
Before consideration of a final subdivision plat,
the subdivider will have installed the required improvements or the
Planning Board shall require the posting of adequate performance guaranties
to assure the installation of the required improvements.
F.
Statement by Municipal Engineer.
(1)
The final plat shall be accompanied by a statement
by the Municipal Engineer that he is in receipt of a map showing all
utilities in exact location and elevation identifying those portions
already installed and those to be installed and that the subdivider
has complied with one or both of the following:
(a)
Installed all improvements in accordance with
the requirements of these regulations.
(b)
A performance guaranty has been posted with
the Township Treasurer in sufficient amount to assure the completion
of all required improvements. Notice of receipt of this guaranty shall
be forwarded by the Treasurer to the Secretary of the Planning Board.
(2)
The Township Engineer shall not issue such statement
unless he has received a certificate from the appropriate water and
sewer agencies certifying that a copy of said plat of utilities has
been filed and that the utilities have been installed to their satisfaction
or a suitable bond has been filed with the agencies conditioned for
their installation and that all necessary easements have been filed
with the agencies.
H.
Failure of the Planning Board to act within the allotted
time or a mutually agreed upon extension shall be deemed to be favorable
approval, and the Secretary shall issue a certificate to that effect.
J.
No plat shall be accepted for filing by the county
recording officer unless it has been duly approved by the Planning
Board of the Township of Mount Holly and signed by the Chairman and
Secretary of the Planning Board.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this Part 4, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in this Part 4. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this Part 4, the granting of final approval terminates the time period of preliminary approval.
B.
In the case of a subdivision for a planned unit development or planned unit residential development or residential cluster of 40 acres or more or a subdivision or site plan for 50 acres or more, the approving authority 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 approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for 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 approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
C.
Approval of a plat shall not constitute a finding
or compliance with or a waiver of the pertinent provisions of any
zoning ordinance, building or sanitary code or other ordinance of
the Township, and it shall be the responsibility of the subdivider
to obtain all necessary certificates of occupancy, building permits
or other licenses from the official charged with their issuance, nor
shall it constitute acceptance of any street, easement or utility
or drain or sewer or other proposed public area or facility.
[Amended 4-27-2020 by Ord. No. 2020-7]
A.
For the purpose of assuring the installation and maintenance of bondable
land development improvements, as a condition of all final site plan,
subdivision, and/or zoning permit approvals, the Board and/or Zoning
Officer shall require, as appropriate, and the Township Council shall
accept, in accordance with the standards adopted hereinafter:
(1)
The furnishing of a performance guarantee in favor of the Township
in an amount not to exceed 120% of the cost of the installation of
only those improvements required by an approval or developer's agreement,
ordinance, or regulation to be dedicated to a public entity, and that
have not yet been installed, which cost shall be determined by the
Township Engineer according to the method set forth in N.J.S.A. 40:55D-53.4
for the following improvements as shown on the approved plans or plat:
streets, pavement, gutters, curbs, sidewalks, street lighting, street
trees, surveyor's monuments, as shown on the final map, water mains,
sanitary sewers, community septic systems, drainage structures, public
improvements of open space, and any grading necessitated by the preceding
improvements.
(2)
The furnishing of a performance guarantee in favor of the Township
to include, within an approved phase or section of a development privately-owned
perimeter buffer landscaping, as required by local ordinance or imposed
as a condition of approval.
(3)
The furnishing of a safety and stabilization guarantee to return
the property to a safe and stable condition or to otherwise implement
measures to protect the public from access to an unsafe or unstable
condition. The amount of such a guarantee shall be $5,000 where the
overall bonded improvements are $100,000 or less. Where the overall
bonded improvements are $100,000 or more, then the Township Engineer
shall calculate the bond amount in accord with the following: $5,000
for the first $100,000 of bonded improvement costs, plus 2.5% of bonded
improvement costs in excess of $100,000 up to $1,000,000, plus 1%
of bonded improvement costs in excess of $1,000,000.
(4)
The furnishing of a temporary certificate of occupancy guarantee
in the amount of 120% of the cost of installing the remaining improvements,
not covered by an existing performance guarantee, that are required
to be completed before the issuance of a permanent certificate of
occupancy. The scope and amount of such a guarantee will be determined
by the Township Engineer.
(5)
Upon the inspection and issuance of final approval of the following
site improvements by the Township Engineer, the furnishing of a two-year
maintenance guarantee in favor of the Township in an amount not to
exceed 15% of the cost of installation of the improvements that were
subject of a performance guarantee and the following site improvements:
stormwater management basins, in-flow and water quality structures
within the basins, and the out-flow pipes and structures of the stormwater
management system, if any, which cost shall be determined by the Township
Engineer according to the method of calculation set forth in N.J.S.A.
40:55D-53.4 for any and all bondable items as permitted therein.
B.
In the event that other governmental agencies or public utilities
will automatically own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
C.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Township for the reasonable cost of the improvements
not completed or corrected, and the Township may either prior to or
after the receipt of the proceeds thereof complete such improvements.
Such completion or correction of improvements shall be subject to
the public bidding requirements of the Local Public Contracts Law,
N.J.S.A. 40A:11-1, et seq.
D.
All improvements shall be in accordance with the design standards
of the Township Code or as authorized by a design exception granted
by the reviewing board and shall be subject to inspection and approval
by the Municipal Engineer. The Municipal Engineer shall be notified
24 hours prior to the start of the various phases of the work, and
if discontinued, shall again be notified when the work will be continued.
E.
Release or reduction of performance guarantee.
(1)
Upon substantial completion of all required improvements, the
obligor may request of the governing body, in writing, by certified
mail addressed in care of the Township Clerk, that the Township Engineer
prepare, in accordance with the itemized cost estimate prepared by
the Township Engineer and appended to the performance guarantee pursuant
to this chapter, a list of all 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. Thereupon the Township
Engineer shall inspect all improvements covered by the obligor's request
and shall file a detailed list and report, in writing, with the Township
Council, and shall simultaneously send a copy thereof to the obligor
not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Township Engineer shall state, in detail
with respect to each 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 guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guarantee pursuant to this chapter.
(3)
The Township Council, by resolution, shall either accept 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 or release to be made in the performance guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the Township Engineer and appended to the
performance guarantee pursuant to this chapter. 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 Council, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those accepted
improvements, except for that portion sufficient to secure completion
or correction of the improvements not yet accepted, provided that
30% of the amount of the performance guarantee posted may be retained
to ensure completion and acceptability of all improvements. If any
portion of the required improvements is rejected, the Township shall
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.
(4)
The obligor shall reimburse the Township for all reasonable
inspection fees paid to the Township Engineer for the foregoing inspection
of improvements; provided that the municipality may require of the
developer a deposit for the inspection fees in an amount not to exceed,
except for extraordinary circumstances, the greater of $400 or 5%
of the cost of improvements, which cost shall be determined pursuant
to N.J.S.A. 40:55D-53.4.
F.
In the event that final approval is by stages or sections of development
pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
G.
To the extent that any of the improvements have been dedicated to
the Township on the subdivision plat, site plan and/or zoning permit,
the municipality shall be deemed, upon the release of any performance
guarantee required hereunder, to accept dedication for public use
any improvements made thereunder, provided that such improvements
have been inspected and have received final approval by the Township
Engineer.
A.
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
recording officer. The approving authority may for good cause shown
extend the period for recording for an additional period not to exceed
190 days from the date of signing of the plat.
B.
Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the approving authority or a copy of the certificate of the Secretary of the approving authority indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to § 149-196 of this Part 4.
A.
The approving authority, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval of this Part 4
if the literal enforcement of one or more provisions of this Part
4 is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
B.
These rules, regulations and standards shall be considered
the minimum requirements for the protection of the public health,
safety and welfare of the citizens of Mount Holly Township. Any action
taken by the Planning Board under the terms of this Part 4 shall give
primary consideration to the above-mentioned matters and to the welfare
of the entire community. However, if the subdivider or his agent can
clearly demonstrate that, because of peculiar conditions pertaining
to his land, the literal enforcement of one or more of these regulations
is impracticable or will exact undue hardship, the Planning Board
may permit such variance or variances as may be reasonable and within
the general purpose and intent of the rules, regulations and standards
established by this Part 4.
C.
The approving authority shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the approving authority, or the approving
authority being required to hold further hearings. The longest time
period for action by the approving authority, whether it be for subdivision,
conditional use or site plan approval, shall apply.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which Township approval is required by this Part 4, such person
shall be subject to a penalty not to exceed $500 and each lot disposition
so made may be deemed a separate violation.
B.
In addition to the foregoing, the Township may institute
and maintain a civil action:
A.
The prospective purchaser, prospective mortgagee or
any other person interested in any land which forms part of a subdivision
or which formed part of such a subdivision three years preceding August
1, 1976, may apply, in writing, to the Township Clerk for the issuance
of a certificate certifying whether or not such subdivision has been
approved by the Planning Board. Such application shall contain a diagram
showing the location and dimension of the land to be covered by the
certificate and the name of the owner thereof.
B.
The Township Clerk shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his or her office.
C.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land" and shall certify:
D.
The Township Clerk shall be entitled to demand and
receive for such certificate issued by him a reasonable fee not in
excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees
so collected by the Township Clerk shall be paid by him or her to
the Township.
A.
The approving authority shall require, as a condition
of preliminary subdivision or site plan approval, that the developer
pay his pro rata share of the cost of providing only reasonable and
necessary street improvements and water, sewerage and drainage facilities
and easements therefor located outside the property limits of the
development but necessitated or required by construction improvements
within such development. The developer shall either install the improvements
or contribute his pro rata share of the costs at the option of the
developer. If the developer installs the improvements, he shall be
compensated by the Township for all but his pro rata share of the
cost of the improvement.
B.
Procedures.
(1)
The total cost of off-site improvements shall
be estimated by the Planning Board Engineer.
(3)
The Planning Board shall determine said pro
rata share by establishing a ratio between the benefit accruing to
the proposed subdivision or site plan and the total benefit accruing
by reasons of the improvements and/or the facilities and applying
it to the total cost.
(4)
The final cost of the completed improvements
and/or facilities shall be ascertained by the Planning Board Engineer,
who shall advise the Planning Board and the developer of the final
cost. The estimated pro rata share shall be modified by the actual
final cost and appropriate adjustments made.
(5)
The standards established to determine such
pro rata share shall not be altered subsequent to preliminary approval
to apply to such subdivision or site plan.
(6)
Such payment shall be made by a deposit of cash,
and the developer shall agree to make additional payment upon determination
of the actual cost, if there is any. Such payment shall be made within
30 days of the determination by the Planning Board of the pro rata
share.
(7)
The developer and the Planning Board may enter
into an agreement providing for payment of the full cost of the required
off-tract improvements by the developer with a provision for future
reimbursement for an agreed time as the improvements shall be utilized
by others.
Before approving a subdivision, the approving
authority shall require that streets, public drainageways, flood control
basins and public areas, designated for reservation on the Master
Plan or Official Map, 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 up to one year after the approval of the
final plat or within such further 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.
A.
Sketch plat.
(1)
The sketch plat shall include the following
information:
(a)
The name, address and title of the applicant,
owner and person preparing the map.
(b)
A place for the signature of the Chairman and
Secretary of the Township Planning Board and Chairman of the County
Planning Board.
(c)
A place for the signature of the Township Engineer.
(d)
The Tax Map sheet and lot and block numbers
of the site and surrounding lots.
(e)
The date, graphic scale, North sign and reference
meridian.
(f)
A key map of the site with reference to surrounding
areas and to existing street locations within 500 feet of the site.
(g)
The zone district in which property in question
falls, the zone district of adjoining properties and all property
within a two-hundred-foot radius of the property in question.
(h)
The names of the owners of all abutting properties.
(i)
The general indications of the lot, setbacks,
front yard, side yards, rear yard and lot areas. If the sketch plat
is for a minor subdivision, the exact dimensions shall be given.
(j)
The outside dimensions of existing and/or proposed
principal building(s) and all accessory structures on the site.
(k)
Rights-of-way, easements and all lands to be
dedicated to the municipality or reserved for specific uses on the
site.
(l)
The boundaries of the entire property in question,
even though only a portion of said property is involved in the subdivision.
(m)
Significant existing physical features, including
streams, driveways, sidewalks, watercourses, etc.
(n)
If the sketch plat is for a minor subdivision,
bearings and distances of existing and proposed property lines.
(o)
Acres of the site and portion to be divided
to the nearest hundredth of an acre or the square footages.
(p)
If in a floodplain, the existing and proposed
spot elevations based upon the United States Coast and Geodetic datum
at all floor levels, center lines of abutting roads, property corners
and other pertinent locations.
(q)
A certificate from the Tax Collector that all
taxes and liens to date are paid.
B.
Preliminary plat. The preliminary plat shall be clearly
and legibly drawn or reproduced at a scale of not less than 100 feet
to the inch. The preliminary plat shall contain all of the information
required on the sketch plat, plus the following:
(2)
Existing and proposed contours of the site at
two-foot intervals, including tentative cross section and center line
profiles for all streets.
(3)
All existing and proposed streets, curbs and
sidewalks on the site.
(4)
All existing and proposed utility lines within
the site, including water, gas, sewer, electric, telephone and storm
sewer.
(5)
The existing and proposed water supply and sanitary
sewerage disposal systems.
(6)
A storm drainage plan showing the location of
inlets, pipes, swales, berms and other storm drainage facilities,
including roof leaders, with existing and proposed runoff calculations.
(7)
The location of all existing trees eight inches
in diameter or larger or tree masses, indicating the general sizes
and species of trees on the site.
(8)
A landscaping and buffering plan showing what
will remain and what will be planted, indicating the names of plants
and trees and dimensions of new materials.
(9)
Soil erosion and sedimentation controls.
(10)
Proposed street names for approval.
(11)
A copy of any protective covenants or deed restrictions
applying to the land being subdivided.
C.
Final plat. The final plat shall be drawn in ink on
tracing cloth and shall show all of the information required of the
preliminary plat, plus the following:
A.
All utilities are to be installed underground unless
specified otherwise by the Planning Board. Prior to granting of final
approval, the subdivider shall be installed or shall have furnished
performance guaranties from the ultimate installation of the following:
B.
Streets.
(1)
General. All materials, equipment and methods
of construction shall conform to the Standard Specifications for Road
and Bridge Construction of the New Jersey State Highway Department,
1961, as amended. Each stage of the construction must be approved
by the Engineer prior to commencing the next stage. The Engineer shall
be notified at least one working day prior to the start of any stage.
(2)
Subgrade. The subgrade shall be in a properly
finished condition conforming to the proper line and grade and free
of any soft spots or other deficiencies. The subgrade must be stabilized
in a manner satisfactory to the Engineer, and adequate underdrains
shall be constructed where the normal groundwater level is within
two feet of the surface of the subgrade.
(3)
Subbase course. If the subgrade has a CBR value
of 20 or greater, as determined by the American Society for Testing
and Materials' Method for Bearing Ratio of Laboratory-Compacted Soils
(ASTM Designation D 1883), no subbase course is required. In all other
instances, a subbase course of soil aggregate, Type 2, Class A or
B, four inches minimum thickness, shall be provided, with the exception
of industrial streets which shall have a six-inch minimum thickness
subbase course of soil aggregate, Type 2, Class A or B.
(4)
Asphalt courses.
C.
Street signs. Street name and regulatory signs shall
be placed at each street intersection. They shall be four-way signs
of such material, size, height and location as specified by the Township
Engineer and in conformity with the existing signs already established
in the Township.
D.
Curbs and/or gutters. Curbing and/or gutters will
be installed on both sides of all streets. The curbs will be six inches
by eight inches by 18 inches using concrete with a minimum twenty-eight-day
compressive strength of 4,000 pounds per square inch with expansion
joints at twenty-foot intervals or when abutting existing concrete.
Combination curbs/gutters will be allowed upon approval of the Township
Engineer.
E.
Sidewalks will be installed on both sides of all streets
unless stipulated otherwise by the Planning Board. All sidewalks shall
be a minimum of four feet wide, four inches thick, except at driveway
crossings where they shall be six inches thick. Concrete standards
shall be the same as for curbing.
F.
Streetlighting.
(1)
Streetlighting shall be installed by the subdivider
in locations approved by the Planning Board in accordance with the
Township's streetlighting policy.
(2)
For normal street usage, thirty-foot-high laminated
poles shall be spaced at a minimum distance of 200 feet with one-hundred-watt
mercury vapor luminaire.
(3)
At intersections, a thirty-foot-high laminated
wood pole shall be placed with a one-hundred-seventy-five-watt mercury
vapor luminaire.
(4)
The Township will assume the operating expense
for streetlights in a particular section when 75% of that section
is occupied.
G.
Shade trees. Shade trees shall be installed on both
sides of all streets, subject to approval of the Shade Tree Committee,
at a minimum spacing along each side of the street of 50 feet on center.
The variety shall be approved by the Shade Tree Committee. The method
of installation and location shall be approved by the Township Engineer.
Shade trees shall be installed at a minimum size of two-inch caliper,
bagged and balled root system. Wherever provisions regarding shade
trees impose restrictions more extensive than those of this act, the
provisions of that ordinance shall govern.
[Amended 6-22-1992 by Ord. No. 1992-5]
H.
Topsoil protection. No topsoil shall be removed from
the site or used as spoil. Topsoil moved during the course of construction
shall be redistributed so as to provide at least six inches of cover
to all areas of the subdivision and shall be stabilized by seeding
or planting.
J.
Water mains and sanitary sewers.
(1)
All such installations shall be properly connected
with an approved system and shall be adequate to handle all present
and probable future development. The sanitary sewers must conform
to Mount Holly Sewerage Authority specifications and be installed
in accordance with their rules and regulations and inspection provisions.
(2)
Fire hydrant plan shall be approved by Fire
Subcode Official and Engineer.
(3)
All of the above-listed improvements shall be
subject to inspection and approval by the Municipal Engineer except
sanitary sewers which shall be inspected by the Authority Engineer.
The Engineer shall be notified by the developer at least 24 hours
prior to the start of construction. No underground installation shall
be covered until inspected and approved by the appropriate Engineer.
K.
Storm drainage. The developer shall install storm
drainage to meet the following design standards:
(1)
Runoff computations.
(a)
Computation of the rate of flow at any given
location shall be based on the rational formula:
|
Q = CIA
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|
In which
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Q = Volume in cubic feet per second.
| |
|
C = Runoff factor.
| |
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I = Intensity of rainfall in inches per hour.
| |
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A = Watershed area in acres.
|
(b)
In setting the value of the runoff coefficient
"C," consideration will be given to the physical features of the drainage
basin and the best available data on the future density of development
of the drainage basin. In no case shall it be less than 0.40.
(c)
The intensity of the storm shall be based on
the following:
[1]
As a minimum, a five-year storm shall be used
where excess flow can continue downhill in the street without flooding
adjoining properties.
[2]
As a minimum, a ten-year storm shall be used
at low points with a relief swale or twenty-five-year storm where
carried in a pipe.
[3]
As a minimum, all culvert designs shall be based
on a twenty-five-year storm.
(2)
Standard headwalls shall be installed on all
pipes and additionally, trash bars shall be installed on all pipes
equal to or greater than 24 inches in diameter.
(3)
Inlet design.
(a)
Stormwater inlets shall be equal to New Jersey
State Highway Department inlet Type B. Sufficient inlets shall be
located and constructed so that the length of surface runoff will
not contribute a runoff to the inlet exceeding the preceding designated
collecting capacities.
(b)
The gutter grate of all inlets shall be set
at grade or no more than two inches below the gutter grade.
(c)
Where surface water is collected from two directions
at one street corner, inlets shall be placed at or near the tangent
points of both ends of the radius. The use of one inlet in the radius
shall not be allowed.
(d)
Access manholes shall be spaced at intervals
of 500 feet (maximum) through rights-of-way and at sewer junctions
where there are no catch basins.
(4)
Open channels.
(a)
The channel should be designed to conform, wherever
possible, to the adjacent ground conditions. This means that it should
not be projecting excessively above the surrounding ground or placed
excessively below the surrounding ground.
(b)
Open channels shall have a maximum side slope
of three to one (3:1) and shall have adequate slope protection as
required by the Soil Erosion and Sediment Control Ordinance.
(5)
Culverts. All culverts shall be limited to a
single opening; multiple pipes will not be permitted. The design of
culverts shall be such as to minimize the probability of debris accumulation.
(6)
Storage or off-site improvements. The developer
must retain excess stormwater on site in specially designed storage
areas or transport the stormwater to the nearest storm sewer system
or natural drainage course having sufficient capacity to handle this
flow in addition to the existing flow predicated upon one-hundred-year
storm calculations.
[Amended 8-13-1990 by Ord. No. 1990-9]
L.
Planted buffer areas. In the instance where the Planning
Board determines that buffer planting is necessary to protect the
general welfare of the public, planted buffer areas shall be installed
to provide a year-round visual screen of such width, height and location
as approved by the Planning Board. The size, variety, and planting
design of the buffer area shall be as approved by the Township Engineer.
M.
Compensatory planting.
(1)
Every effort should be made to avoid removal
of trees having a caliper of five inches or greater from the property
in the process of subdividing, grading or installing improvements.
Where, in the judgment of the Planning Board, such removal is avoidable,
the applicant shall install trees in such locations and of such size,
variety and quantity as the Planning Board shall direct.
(2)
Notwithstanding the five-inch caliper limitation,
no substantial area of smaller trees or shrub cover shall be removed
without the provision of comparable replacement as approved by the
Planning Board. A plan and a statement of material to be removed and/or
demolished shall be submitted for approval.
The subdivider shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof.
A.
General. The subdivision plat shall conform to design
standards that will encourage good development patterns within the
municipality. Where either or both an Official Map or Master Plan
has or have been adopted, the subdivision shall conform to the proposals
and conditions shown thereon. The streets, drainage, rights-of-way,
school sites, public parks and playgrounds shown on an officially
adopted Master Plan or Official Map shall be considered in approval
of subdivision plats. Where no Master Plan or Official Map exists,
streets and drainage rights-of-way shall be shown on the final plat
in accordance with Section 20 of Chapter 433 of the Laws of 1953[1] and shall be such to lend themselves to the harmonious
development of the municipality and enhance the public welfare in
accordance with the following design standards:
[1]
Editor's Note: See now N.J.S.A. 40:55D-38
through 40:55D-41 and 40:55D-44.
B.
Streets.
(1)
All streets shall conform in pavement and right-of-way
widths, directions and alignments with the Master Plan and shall connect
with streets shown thereon with the minimum jogs and sharp angles,
and no minor street shall have a paved width of less than 34 feet
or a right-of-way width of less than 50 feet. Collector and industrial
streets shall have a paved width of 40 feet.
(2)
No subdivision 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 governing body
under conditions approved by the Planning Board.
(3)
Subdivisions that adjoin or include existing
streets that do not conform to widths as shown on the Master Plan
or the street width requirements of this Part 4 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.
(4)
Grades of through and internal streets shall
not exceed 4%. Grades on other streets shall not exceed 10%. No street
shall have a minimum grade of less than 3/4 of 1%.
(5)
Street intersections shall be as nearly at right
angles as is possible and in no case shall be less than 60º.
The block corners at intersections shall be rounded at the curbline
with a curve having a radius of not less than 20 feet.
(6)
Street jogs with center-line offsets of less
than 125 feet shall be prohibited.
(7)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(8)
When connecting street lines deflect from each
other at any one point by more than 10º and not more than 45º,
they shall be connected by a curve with a radius of not less than
100 feet for minor streets and 300 feet for arterial and collector
streets.
(9)
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
(10)
Dead-end streets.
(a)
Dead-end streets (culs-de-sac) shall not be
longer than 600 feet and shall provide a turnaround at the end with
a radius of not less than 60 feet and tangent, whenever possible,
to the right side of the street.
(b)
If a dead-end street is of a temporary nature,
a similar turnaround shall be provided and provisions made for future
extension of the street and reversion of the excess right-of-way to
the adjoining properties.
(11)
No street shall have a name which will duplicate
or so nearly duplicate as to be confused with the names of existing
streets. The continuation of an existing street shall have the same
name.
(12)
Sidewalks and curbs are required in all subdivisions.
C.
Blocks.
(2)
In blocks over 1,000 feet long, pedestrian cross
walks may be required in locations deemed necessary to the Planning
Board. Such walkway shall be 10 feet wide and straight from street
to street.
(3)
For commercial, group housing or industrial
use, block size shall be sufficient to meet all area and yard requirements
for such use.
D.
Lots.
(2)
Insofar as is practical, side lot lines shall
be at right angles to straight streets and radial to curved streets.
(3)
Where extra width has been dedicated for the
widening of existing streets, lots shall begin at such extra width
line, and all setbacks shall be measured from such line.
(4)
Where there is a question as to the suitability
of a lot or lots for their intended use due to factors such as rock
formations, flood conditions or similar circumstances, the Planning
Board may, after adequate investigation, withhold approval of such
lots.
E.
Public use and service areas.
(1)
In large scale development, easements along
rear property lines or elsewhere for utility installation may be required.
Such easements shall be at least 15 feet wide and located in consultation
with the companies or municipal departments concerned.
(2)
Where a subdivision is traversed by a watercourse,
drainageway, channel or street, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose.
(3)
Natural features such as trees, brooks, hilltops,
and views shall be preserved whenever possible in designing any subdivision
containing such features.
(4)
In placing utilities in any street, the following
shall be observed: placement of sewer center, water (right) and gas
(left), as you enter from the main thoroughfare.
