[Amended 12-10-2003 by Ord. No. 0-03-10]
In passing on the adequacy of subdivision plans, the Planning/Zoning Board shall apply the standards contained in this article. N.J.A.C. 5:21.1 et seq (residential site improvement standards) shall govern for any site improvements carried out or intended or required to be carried out for any residential subdivision, site plan approval or variance.
A. 
Street extensions. The arrangement of collector and arterial streets shall be such as to provide for the extension of existing collectors and arterials. Local streets shall not be made continuous or so aligned that one subdivision adds unduly to the traffic generated by a local street in another subdivision.
B. 
Classification of streets. In any major subdivision it shall be the duty of the Planning/Zoning Board to classify proposed streets according to their types. The Planning/Zoning Board, in making its decisions, shall refer to the Master Plan and shall consider conditions within the subdivision and surrounding area. Other design characteristics of streets are shown on Table A, Dimensions of Streets, below. Definitions of streets as set forth in the Master Plan are as follows:
(1) 
Arterials. Any federal or state highway, street or road intended to carry regional, large traffic volumes at steady speeds through the Township. The right-of-way shall be as established by jurisdictional agency of roadway.
(2) 
Major collectors. Any street which is intended for intermunicipal traffic and generally provides direct links to the arterial road system of the Township. The right-of-way shall be 60 to 70 feet, depending on traffic volume characteristics generally, average daily traffic (ADT) existing and future of 2,000 to 5,000 would require a sixty-foot right-of-way, while over 5,000 ADT would require the seventy-foot right-of-way.
(3) 
Minor collectors. Any street which is intended to gather traffic from a series of local streets and distribute it to major collectors or minor arterials. The right-of-way shall be 60 feet.
(4) 
Residential access or local street. A street intended primarily for access to individual properties and designed for local traffic having either origins or destinations on the street. If it can serve traffic having origin and destination other than on the street, it shall be considered a collector. Required right-of-way is 50 feet.
(5) 
Special purpose streets. Design guidelines for cul-de-sac, marginal access, divided and stub streets shall be dependent upon the anticipated traffic volume and be consistent with the standards set forth in the Circulation Plan Element of the Master Plan.
(6) 
Waiver of classification definitions. In those instances where a proposed subdivision abuts an existing subdivision where existing stub or cul-de-sac streets may be extended, the Planning/Zoning Board may deem such extended streets "local" in nature for purposes of classification, provided that such extended street is likely to serve traffic having either origins or destinations on the street.
C. 
Lots abutting arterial roads. In a subdivision abutting a principal/, major or minor arterial, one of the following shall be required:
(1) 
The frontage shall be reversed so that the lots contiguous to such roadways will front on a minor collector or local street, with an additional lot depth of 50 feet as an easement exclusively for planting and screening to be provided by the developer along the arterial street; or
(2) 
A marginal service road shall be provided along such arterial street and shall be separated from it by a raised/landscaped divider strip at least 20 feet in width; or
(3) 
Such other means of separating through and local traffic and of providing a suitable buffer shall be provided as the Planning/Zoning Board may determine to be appropriate.
(4) 
The side yard of a lot abutting a designated arterial roadway shall be increased by an additional width of 50 feet as an easement exclusively for planting and screening to be provided by the developer along the arterial street.
D. 
Lots abutting major collector streets. No residential lot shall abut only a major collector street. Access shall be provided by reverse frontage on a minor collector, local street or by a marginal service road, but no additional setback is required. An appropriate landscaped buffer shall be provided on such reverse frontage lots along the collector street, containing a combination of shrubs, trees, conifers or berms conforming to a uniform landscape plan.
E. 
Table of dimensions. Right-of-way widths, measured from lot line to lot line, graded widths, paving widths, and other items, shall be not less than shown on the appended table and diagrams, unless otherwise indicated on the Master Plan or the Official Map, when adopted.
TABLE A
DIMENSIONS OF STREETS
Street Dimensions
Minor or Local Residential
(feet)
Minor- Major Collectors
(feet)
Minor- Major3 Arterial
(feet)
Right-of-way width
50
60 – 70
70 – 80
Paving widths
30
36
36 or 54
Curb radii at intersections
30
35
40
Length of tangents between reverse curves
1004
200
300
Minimum radii to center line on curves
1801
500
1,000
Straight line maximum at center line
500
3,000
4,000
Acceleration/decelera- tion lanes2
—
200
350
Maximum center line grades
10%
8%
6%
Minimum center line grades
0.75%
0.75%
0.75%
Cul-de-sac R-O-W radii
60
—
—
Cul-de-sac paving radii, except for 36-foot diameter center circle
50
—
—
Minimum spacing of intersections
(See § 90-2.18.)
NOTES:
1 Where, because of shape of tracts to be subdivided or topography, it is not feasible to adhere to a minimum radius of 180 feet, the minimum pavement must be widened as the radius decreases, to accommodate the widened path of a turning vehicle, as follows:
Radius
(feet)
Added Pavement Width
(symmetrically)
(feet)
180+
0
150 – 179
2
125 – 149
3
100 – 124
4
75 – 99
6
2 Required at intersections, and at all driveways to private property on arterials.
3 Or as determined by jurisdictional agency of roadway.
4 Tangent lengths may be reduced or omitted at the discretion of the Township Engineer.
F. 
Nonresidential streets. The widths of internal streets in business or industrial development designed as a whole in accordance with a comprehensive site plan shall be determined by the Planning/Zoning Board in each case in the light of the circumstances of the particular situation and with a view to assuring the maximum safety and convenience of access for traffic and fire fighting equipment, circulation and parking, including provisions for the loading and unloading of goods.
G. 
Reserve strips. There shall be no reserved strips or areas for controlling access to streets except where control and disposal of the land comprising such strips or areas have been placed in the hands of the governing body under conditions approved by the Planning/Zoning Board.
H. 
Subdivisions on existing streets. When a subdivision abuts on existing street, it shall be widened (if necessary) and improved to conform to this Part 2. If the subdivision is only a small part of a longer run of a substandard street, and such improvement would produce a hazardous saw-tooth arrangement, the municipality on the advice of the Planning/Zoning Board may elect to receive a cash payment in lieu of the improvements, and to hold same in a separate escrow account until continuous improvement of the street can be accomplished.
I. 
Curved minor streets. Curved minor streets are preferred to discourage speed and monotony. The maximum straight line between points on the center line shall not exceed that specified in the Table of Dimensions (§ 90-2.17E).
J. 
The crown slope. The crown on minor streets shall not be less than six inches in order to provide for proper surface drainage.
K. 
Cut and fill slopes. To prevent gulleying and erosion, street cuts and streets on fill shall be provided with side slopes no steeper than one vertical to two horizontal, or shall be equipped with cribbing, loose concrete blocks, or other form of retaining wall. Such slopes, including cribbing and blocks, shall be suitably planted with perennial grasses or other vegetation in accordance with a plan approved by the Planning/Zoning Board, and shall be suitably maintained for a period of three years.
L. 
Street names.
(1) 
Street names and subdivision names shall not duplicate or nearly duplicate the names of existing streets or subdivisions in the municipality or surrounding communities. The continuation of an existing street shall have the same name.
(2) 
Ending of proper street names should reflect street classification and differing types of streets in a development. As a guide, the following terminology is provided:
Street Function
Appropriate Street Name
Arterials Major collectors
Roads, Boulevards, Avenues
Minor collectors
Drives, Ways
Cul-de-sac
Lane, Court, Place, Circle
(3) 
The developer shall submit in writing, on a form to be provided by the Township a list of all proposed street names for any new development. This list is to be forwarded by the Township to the appropriate postmaster serving the particular zip code for review and verification of nonconflicting names within the zip code. The Township Engineer shall then make final determination and recommendation for accepting new street names and will so notify the Planning/Zoning Board, Township Committee and the developer of the decision.
M. 
Alleys. The following shall apply to the design and location of alleys:
(1) 
Public alleys shall not be permitted in residential developments except by permission of the Planning/Zoning Board. Where public alleys are permitted in residential developments, they shall be 20 feet wide and paved for the full width.
(2) 
Alleys serving commercial and industrial establishments are required unless other provisions for service are approved by the Planning/Zoning Board. Alleys serving such establishments shall have a paved width of at least 24 feet. If it is impossible for an alley to go through a block, the alley shall be provided with a standard cul-de-sac turnaround at its closed end.
N. 
Cul-de-sac or dead-end turnarounds.
(1) 
Culs-de-sac or dead-end turnarounds of a permanent nature shall provide a turnaround at the end with a right-of-way radius equal to 60 feet and a paved cartway radius of at least 50 feet.
(2) 
The maximum length of a cul-de-sac shall be 600 feet as defined from the center line by center line intersection of the cul-de-sac and its intersecting road to the center point of the cul-de-sac.
(3) 
Where a cul-de-sac street design is proposed to be located within an existing treed environment, the Planning/Zoning Board may consider an alternate lot design treatment whereby minimum lot width on the cul-de-sac may be reduced to 75% of the required lot width for a standard frontage lot. Such lot width reduction shall result in a shorter cul-de-sac length and, therefore, less destruction of the existing treed environment in order to be favorably considered by the Planning/Zoning Board.
(4) 
Where a cul-de-sac is proposed near the edge of a tract of land, and where the adjacent tract of land is undeveloped and not permanently preserved, the applicant should provide a fifty-foot-wide right-of way easement to provide the potential for the street network to be connected to the adjacent parcel at a future date.
[Added 7-9-2008 by Ord. No. 0-08-16]
(5) 
The provision of vegetated center islands is encouraged within culs-de-sac to create visual interest and soften the harshness of a large paved area, increase groundwater recharge and screen headlight glare.
[Added 7-9-2008 by Ord. No. 0-08-16]
(a) 
When proposing a landscape island, existing trees should be preserved when possible.
(b) 
New landscaping should have a mature height of 30 inches and trees with a canopy over seven feet in order to ensure visibility.
(c) 
Landscaping should be chosen with consideration for the degree of maintenance expected, i.e. dry, harsh roadside conditions.
O. 
Loop streets and cul-de-sac streets not to cross municipal boundary line or provide access to inadequate lot. All loop streets and cul-de-sac streets shall be entirely contained within the Township of South Harrison and may not extend across a municipal boundary line so as to be partly within another municipality. All proposed streets in a subdivision, including cul-de-sac streets, loop streets and the portion of collector streets within the Township, shall provide access only to lots which meet the area, dimension and lot configuration standards for such lots with land entirely within the Township of South Harrison.
[Added 3-14-2001 by Ord. No. 0-01-02]
A. 
Angle of intersections. No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 60° (measured at the center line of streets) shall not be permitted.
B. 
Spacing. Only one point of access and one point of egress may be allowed each property except where large frontages (1,000 feet or larger) are present. In those latter cases, streets shall not enter the same side of major collector or minor arterial streets at intervals less than 800 feet, major arterial streets at intervals of less than 1,200 feet or principal arterials at intervals of less than 2,000 feet. Streets which enter a minor or major/minor collector street from opposite sides shall either be directly opposite to each other or they shall be separated by at least 200 feet between their center lines, measured along the center line of the intersected street.
C. 
Approaches. Approaches of any collector street to any intersection with another collector or an arterial street shall follow a straight line course within 100 feet of the intersection.
D. 
Extra widths. Where a nonresidential collector street or a collector/arterial street serving more than 100 residential lots or dwelling units intersects with another collector or arterial, both the right-of-way and the pavement shall be widened by 24 feet for a distance of 200 feet back from the intersection of the right-of-way lines.
E. 
Sight triangles. In addition to right-of-way widths required for full length of streets and wider intersections as specified above, sight triangles shall be dedicated as follows: The area bounded by the right-of-way lines and a straight line connecting sight points on street center lines which are the following distances from the intersection of the center lines:
(1) 
Where a local street intersects another local street: 90 feet.
(2) 
Where a local street intersects a collector street or arterial: 90 feet on the local and 200 feet on the collector or arterial.
F. 
Sight triangle prohibited obstructions. No fences or any other obstruction, nor any planting exceeding 30 inches in height as measured horizontally from the center line of the road may be placed in any sight triangle.
G. 
Property access. Unless necessary to provide access to a lot in separate ownership existing before the date of this chapter, no driveway access to property or additional street intersection may be permitted within the extra widths or sight triangles as specified herein.
H. 
Street and neighborhood or directional signs. Street signs shall have reflectorized white letters on a green background. Letters shall be four inches high except those marking collector or primary streets, which shall be six inches high. Signs shall be placed in accordance with the Manual of Uniform Traffic Control Devices, latest edition. At the discretion of the Planning/Zoning Board similar neighborhood or directional signs, with letters eight inches high, may be permitted or required.
Vertical (straight-face) curbs shall be required. Curb cuts, mountable curbs or ramps shall be provided wherever sidewalks cross streets to accommodate wheelchairs and bicycles in accordance with New Jersey Barrier Free Design Criteria.
Culverts shall have headwalls and railings, where necessary, placed on right-of-way lines unless the stream flow is judged minor by the Planning/Zoning Board and the Township Engineer. In this case, at the option of the developer, pipes may be extended no less than 25 feet beyond the right-of-way line, and a single headwall may be built to grade on the upstream side without a railing. Because of traffic hazard, intruding curbs and abutments near the paving line are forbidden.
A. 
Sidewalks shall be installed in all types of major development and shall be installed along both sides of all streets and wherever pedestrian traffic is expected. In nonresidential development, sidewalks will be installed at the discretion of the Board depending upon the probable volume of pedestrian traffic, the development's location in relation to other populated areas and the general type of improvement needed.
B. 
Where sidewalks are optional, they may be required if close to pedestrian generators, to continue a walk on an existing street, to link areas, or depending on probable future development as indicated in local Master Plans.
C. 
In conventional development, sidewalks shall be placed in the right-of-way, parallel to the street four to six feet back from the curbline depending on the street classification, unless an exception has been permitted to preserve topographical or natural features, or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation. In commercial and in high density residential areas, sidewalks may abut the curb.
D. 
Pedestrian way easements may be required by the Planning/Zoning Board through the center of blocks to provide circulation or access to schools, playgrounds, shopping or other community facilities.
E. 
Sidewalk width shall be a minimum of four feet; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet of sidewalk is provided to accommodate such overhang.
A. 
Lot size. Minimum lot size shall be governed by Part 5, Zoning, of this chapter based on the zoning district in which the lot is located and the results of percolation and soil boring analysis, where required.
B. 
Lot and house numbers. House and lot numbers shall be assigned for each lot by the Construction Code Official.
[Amended 12-27-2000 by Ord. No. 0-00-04]
C. 
Side lot lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
D. 
Lot frontage and width. Each lot shall front on an approved street accepted by the municipality. Frontage shall be measured along a straight line between points where side lines meet street lines; e.g., the chord of a circle in a cul-de-sac.
E. 
Lot line on widened streets. Where extra width is provided for the widening of existing streets, lot measurements shall begin at such extra width line and all setbacks shall be measured from such line unless otherwise provided by Part 5, Zoning, of this chapter.
F. 
Unsuitable lots. All lots shall be suitable for the purpose for which they are intended to be used. In order to prevent the use of lots which are not suitable because of adverse topography, flood conditions, or similar circumstances, the Planning/Zoning Board may require such revisions in the layout of the subdivisions as will accomplish one of the following:
(1) 
That the area of the unsuitable lots is included in other lots by increasing the size of the remaining lots and eliminating the unsuitable lots;
(2) 
That the unsuitable lot is included in an area to be deeded to the municipality and held in its natural state for conservation and/or recreation purposes; or
(3) 
That some other suitable arrangement, such as common ownership made permanent by deed covenants running with the land, is made.[1]
[1]
Editor's Note: Former Subsection G, Flag lots, which subsection immediately followed this subsection, was repealed 12-10-2003 by Ord. No. 0-03-10.
A. 
All lots shall be such that a structure conforming to the intended use and setback requirements of Part 5, Zoning, of this chapter can be constructed in an area of the lot that is in conformity with the provisions of Part 5, Zoning, of this chapter or any other local, county, state or federal rules and regulations.
B. 
Any structure must be accessible by means of a driveway that complies with the provisions of § 90-3.26 of this chapter. Driveways shall be so laid out that it is possible to turn all vehicles on the lot and that it is not necessary to back any vehicle into a street.
A. 
Utility installation easements. Easements for utility installations may be required. Easements for sanitary sewer lines shall be constructed in such a manner so that all manholes have permanent, unrestricted access for highway-type trucks for the purpose of maintaining said sewer lines. Said easements shall be at least 20 feet in width or wider if necessary of which an area of 12 feet in width by 12 inches in depth shall consist of quarry process with filter fabric with sufficient space for vehicles to turn around located at least every 1,200 feet. Such easement area may be seeded as long as the formation and strength of the same is not diminished.
B. 
Drainage and conservation easements. If the property on which a proposed subdivision is to be located is traversed by a watercourse of any kind, including a channel or a stream, the Planning/Zoning Board may require that a stormwater and drainage easement and right-of-way along said watercourse be provided by the subdivider. The land which is the subject of such easement and right-of-way shall be a strip, which conforms substantially to the floodplain of such watercourse along both sides of the watercourse, or extends along both sides of the top of the bank of the watercourse to a width of 15 feet in each direction, or is not less than an encroachment line established by a competent higher authority, whichever is the greater; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the subdivision. Said easement and right-of-way shall include provisions assuring the following: preservation of the channel of the watercourse; prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way; prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse; and reservation to the Township of a right-of-entry for the purposes of maintaining the natural flow or drainage of the watercourse, of maintaining any and all structure related to the exercise of the easement and right-of-way and of installing and maintaining storm or sanitary sewer systems or other public utility, and the right to add additional utility lines when needed.
[Amended 7-9-2008 by Ord. No. 0-08-17]
A. 
Purpose. It is the purpose of this section to require, as a part of a development application for any site plan, major subdivision, general development, planned unit development or planned residential open space development or any new type of development approval or classification hereinafter authorized to be undertaken in the Township of South Harrison, the submission of an environmental impact statement. The purpose of requiring such a statement is to assist the Land Use Board and its consultants in assessing the impact of a proposed project upon the local and regional environment, particularly with respect to water and air resources, pollution of all kinds, topography, drainage, waste disposal, wildlife habitat and the landscape. No application for development shall be approved unless it has been affirmatively determined that the proposed project will not result in a significant adverse impact to the environments, has been conceived of and designed in a way that will not impair natural processes and will not place disproportionate excessive demand upon the total resources available to the project site and the impact area.
B. 
Filing and review of environmental impact statement.
(1) 
Each applicant for approval with respect to any site plan, major subdivision, general development, planned unit development or planned residential open space development or any new type of development shall file 18 copies of the environmental impact statement, together with the original application. Upon application by an applicant for minor site plan approval, the Planning Board or Zoning Board of Adjustment may waive the requirement for submission of an environmental impact statement or modify or reduce the requirements of the environmental impact statement as circumstances warrant. No environmental impact statement shall be required for a minor subdivision.
(2) 
The Land Use Board shall examine the applicant's environmental impact statement in detail, together with the comments from the Board's professionals and the Environmental Commission. If such statement is deemed to be lacking in sufficient detail or is incomplete in any detail, the Board Secretary shall reject the development application as being incorrectly filed; provided, however, that the applicant shall be notified thereof within 45 days of submission of the application, or it shall be deemed properly submitted.
(3) 
The Township Committee recognizes that providing information is essential to the orderly growth and planning of the Township, and it further recognizes that the time lapse between preliminary or tentative development approvals and final approvals often results in environmental impact(s) which must be properly analyzed. It is therefore required that the provisions of this article with respect to the submission of an environmental impact statement shall apply to both applications for preliminary or final approval where no environmental impact statement has been previously submitted for any section or sections of a development heretofore or hereafter receiving preliminary or tentative approval.
C. 
Contents of environmental impact statement. The environmental impact statement shall contain the following information:
(1) 
Plan and description of development and proposed use of site. A project description, which shall specify what is proposed complete with maps and drawings, said maps and drawings to be drawn at a minimum scale of one inch equals 100 feet. The description shall include but not be limited to the following:
(a) 
Contours.
(b) 
Flood hazard areas.
(c) 
Depth to seasonally high water table.
(d) 
Buildings.
(e) 
Roads.
(f) 
Paved areas.
(g) 
Grading and regarding.
(h) 
Adjacent natural streams.
(i) 
Relationship to surrounding utilities.
(j) 
Method and schedule of construction.
(k) 
Solid waste generation and disposal.
(l) 
Wastewater pretreatment.
(m) 
Noise.
(n) 
Pollution to be generated.
(2) 
Inventory of existing environmental conditions on the site and in the area affected by the proposed development, including the location of testing, shall be provided and shall describe:
(a) 
Water quality, water supply hydrology, groundwater level and condition.
[1] 
Surface water and groundwater studies for all applicants shall include the analysis of the state standards for residential cleanup and, without limitation, the following performed by a New Jersey State certified laboratory facility: pH, nitrates, total suspended solids, total phosphates, BOD, fecal coliform, chlorides, and turbidity.
[2] 
Any applicant whose property lies in a watershed affected by any upstream manufacturing or commercial establishment or whose property itself is such a manufacturing or commercial establishment shall include, in addition to the provisions hereinabove, the analysis of the following: arsenic, cadmium, chromium, copper, iron, lead, zinc and mercury.
(b) 
Air quality.
(c) 
Noise characteristics and levels.
(d) 
Geology.
(e) 
Soils and properties thereof, including capabilities and limitations.
(f) 
Topography.
(g) 
Slope.
(h) 
Slope stability.
(i) 
Terrain.
(j) 
Soil permeability.
(k) 
On-site and off-site sewerage systems, public and private.
(l) 
Vegetation. A separate map of existing vegetation shall be submitted with a scale identical to the development plan(s) in accordance with the Tree Preservation Ordinance.[1]
[1]
Editor's Note: See § 90-2.30.
(m) 
Wildlife and wildlife habitat.
(n) 
Aquatic organism.
(o) 
Historical and archaeological sites.
(p) 
Prior land uses.
(3) 
The applicant may consult the Township's Environmental Resources Inventory for reference to the extent that the Township's inventory is relevant to the tract and affected area.
(4) 
Assessment of the environmental impact of the project.
(a) 
An assessment of the environmental impact of the project upon the factors described hereinabove based on environmental data shall be submitted and shall include an evaluation of water use, liquid and solid waste disposal and the effects of liquid and solid waste on the quality and quantity of surface water and groundwater. The assessment shall include an evaluation of the compatibility in use and scale of the project with employment, shopping, schools, roads, open space and police and fire protection. All potential impacts are to be defined to include but not be limited to:
[1] 
Impact on geological and soil stability.
[2] 
Impact on soil erodability.
[3] 
Impact on groundwater, aquifers and aquifer recharge areas.
[4] 
Impact on streams and lands within or near the site, whether manmade or natural.
[5] 
Impact on vegetation and wildlife.
[6] 
Displacement of families or individuals.
[7] 
Noise.
[8] 
Light.
(b) 
Damage to plant, tree and wildlife systems, displacement of existing farms and increase in sedimentation and siltation should be evaluated.
(c) 
Any data submitted by the application with the application or to other agencies, including but not limited to the NJ Department of Environmental Protection, the Gloucester County Board of Health and the Gloucester County Soil Conservation District, having jurisdiction over one or more of the environmental elements specified in this section shall be accepted by the Land Use Board as fulfilling the data requirements for the EIS to the extent applicable.
(d) 
Evaluate any unusual environmental impacts and damages to natural resources both on the tract and in the affected area.
(e) 
Describe the steps to be taken to minimize environmental impacts during construction and during operation with particular emphasis upon air or water pollution. The description of steps to be taken shall be accompanied by appropriate maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
(f) 
Alternatives. The applicant should provide a statement of alternatives to the proposed project, consistent with the zoning on the site, which might avoid some or all of the unusual environmental effects of the proposed project. The statement shall include the reasons for the acceptability or nonacceptability of each alternative.
(g) 
Where septic systems are proposed, the following information should be provided:
[1] 
Data on underlying geology.
[2] 
Water table.
[3] 
Soil analysis.
[4] 
Soil stratigraphy.
[5] 
Representative percolation tests for each lot on the tract.
[6] 
Cation exchange rate at two feet and six feet below the surface of the ground.
[7] 
Adequate test borings, in the opinion of the Board Engineer, to determine the direction and flow of groundwater.
[8] 
Topography and location and depth of aquifers.
[9] 
Depth, insofar as such information is practically available, of all wells within 250 feet of the site or in the affected area, whichever is greater.
(h) 
Water supply. A showing that an adequate potable water supply is available and not threatened by nearby use of other land and the following:
[1] 
Location and depth, insofar as such information is practically available, of all private and public water supplies within 200 feet of the site or in the affected area, whichever is greater.
[2] 
Location, depth and adequacy of proposed water supplies to serve the proposed project.
[3] 
Geologic description of subsurface conditions, including expected groundwater yields, using published geologic reports or a statement by a geologist.
(i) 
A summary of stormwater impacts taken from the stormwater report.
(j) 
Solid waste disposal.
(k) 
Air pollution. A showing that emissions from point sources will be in compliance with state and federal laws and regulation and a description of the means by which dust will be controlled during construction.
(l) 
A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each. Where wetlands are present, a copy of the letter of interpretation and any general permits must be submitted with the EIS.
D. 
Environmental criteria in reviewing applications for development.
(1) 
The Land Use Board shall consider the impact of the applicant's proposal upon all aspects of the environment, including but not limited to: sewage disposal, water quality, water supply, wetlands, preservation of trees and vegetation, protection of watercourses and wetlands, protection of air resources, protection of aquifers, protection of public lands and their uses and ecosystems, the presence of nuisance factors and archeological factors.
(2) 
The Board's determination upon any application for development shall consider the environmental impacts affecting the subject property. In reaching a conclusion on the acceptability of an environmental impact or the protective measures to be taken, the Board shall accept approvals obtained by the applicant from other agencies having jurisdiction over one or more of the elements insofar as such approvals satisfactorily address environmental impacts identified under this article, such as the New Jersey Department of Environmental Protection and Energy, the Gloucester County Board of Health, the Gloucester County Soil Conservation Service, and the Township Environmental Commission.
[Added 12-10-2003 by Ord. No. 0-03-10]
A lot grading plan shall be prepared to provide for the proper drainage of residential lots being developed in South Harrison Township. The plan shall meet the following criteria.
A. 
Whenever possible, the land shall be graded so that the stormwater from each lot shall drain directly to the street. If impossible to drain directly to the street, it shall be directed to a system of interior yard drainage designed in accordance with this chapter. All grading shall be done in a manner that will result in no adverse impact to adjoining properties. Adjacent properties with natural swales and/or wetlands must be evaluated to insure that adequate capacity is available to accept the natural runoff from the site being developed.
B. 
The minimum slope for lawns and disturbed areas shall be 2% and, for smooth, hard finished surfaces other than roadways and parking lots, 0.75%.
C. 
The maximum grade for lawns and disturbed areas within five feet of a building, shall be 10%, and for lawns more than five feet from a building, 25% except that, for the driveway, the maximum grade shall be 8%.
D. 
Retaining walls installed in slope-control areas shall be constructed of treated timber or logs, reinforced concrete, other reinforced masonry or of other construction acceptable to the Township Engineer and shall be adequately designed and detailed on the final plat or lot grading plan to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall.
E. 
No topsoil shall be removed from the site or utilized off site without the approval of the Township. Topsoil moved during the course of construction shall be stockpiled on site and redistributed so as to provide at least four inches of spread cover to all seeding and planting areas of the subdivision and shall be stabilized by seeding or planting. In the event that the quantity of topsoil at the site is insufficient to provide four inches of cover for all seeding and planting areas, the developer shall provide and distribute a sufficient quantity of topsoil to provide such a cover.
F. 
Sites shall be designed to balance cut and fill excavations to the maximum extent practical. In order to conserve the Township's limited natural resources, no soil, sand, gravel, or other natural resources shall be stripped, excavated, or otherwise removed for sale or for use other than on the premises from which the soil, sand, gravel, or other natural resources is taken except for excavating or grading incidental to the construction or alteration of a building on such premises, or an approved site plan or subdivision. Removal of excavated material in excess of 10,000 cubic yards for developments consisting of 50 or less residential units, and 20,000 cubic yards for developments in excess of 50 residential units, from a site shall require the procurement of a land mining permit from the Township.
G. 
When swales are used to direct surface water, they shall be placed on the property line and water will flow from the back of the lot to the street. Surface drainage may be directed onto neighboring lots only when the drainage will not impact the use of the neighboring property and when an easement is approved for the drainage area. Minimum center line slopes for swales shall be 1%.
[Added 12-10-2003 by Ord. No. 0-03-10; amended 2-9-2005 by Ord. No. 0-05-03; 12-12-2007 by Ord. No. 0-07-25; 7-9-2008 by Ord. No. 0-08-12; 6-10-2009 by Ord. No. 0-09-06]
A. 
Purpose. The purpose of the farmland or agricultural buffer is to minimize potential conflicts between agricultural and nonagricultural land uses, and to protect agricultural operations consistent with the purposes of the Right to Farm Ordinance (§ 90-5.36), by providing a physical separation between farm-assessed properties and other residential, institutional and commercial uses. The farmland buffer is intended to assist in maintaining an environment in which farmers are free to pursue their livelihood free from nuisance complaints.
B. 
Farmland buffer requirements. All residential and nonresidential subdivisions and site plans that may ultimately result in the construction of new residential dwellings or commercial or institutional uses shall be designed such that any lot abutting or sharing a boundary with land that is currently assessed as farmland or that has been qualified within any of the three calendar years preceding the application as qualified farmland under the New Jersey Farmland Assessment Act, shall include, in addition to the required yard and setbacks, a buffer as follows:
(1) 
A one-hundred-foot wide buffer strip in addition to the required yards and setbacks along all property lines shared with the agricultural use.
(2) 
The buffer shall include a six-foot-high vinyl-coated (or other style approved by the Land Use Board) fence located one-foot inside the property line on the lot being subdivided or developed.
(3) 
The buffer strip shall contain a staggered row of evergreen plantings, six feet high at the time of planting, placed 10 feet on centers, or appropriately spaced for the particular species, to provide an adequate and effective visual buffer and to assist in buffering noise, odor and dust.
(a) 
Existing vegetation/hedges shall be maintained when they exist within the buffer area and may substitute for the required evergreens if a substantial year-round buffer is already present.
(b) 
The proposed plant species must be approved by the Land Use Board at the time of site plan or subdivision approval, and may not be an invasive species.
(c) 
The buffer for each phase of a development must be installed prior to the issuance of the first certificate of occupancy for that phase of development.
(4) 
The buffer strip shall be restricted by deed and by final subdivision plat against construction of any buildings or structures other than fences, walls and drainage facilities and against removal of any screen of trees or hedges, so long as the adjacent land is assessed or qualified as farmland under the New Jersey Farmland Assessment Act, or is actively farmed should the Farmland Assessment act be revoked or substantially altered.
(5) 
The deed restriction shall also require that the screen of trees or hedges be maintained in perpetuity by the homeowners' association or the individual property owner as the case may be. Any hedges and/or trees that die or become diseased must be replaced to maintain the screen.
C. 
Exceptions for which the buffer may be reduced or is not required are as follows; however, except for Subsection C(1), the exceptions do not apply to property lines shared with permanently preserved farms:
(1) 
If the lot being subdivided or developed is substantially wooded and the vegetation and trees within the buffer area will remain, the buffer is still required, but the Land Use Board may waive the planting requirements in the buffer.
(2) 
If the lot being subdivided or developed contains a dense hedge that cannot be easily penetrated by a pedestrian, the Land Use Board may waive the fence requirement.
(3) 
The buffer is not required if the subdivided lots are six acres or more in size and are intended to be farmed.
(4) 
Farmland assessment on the adjacent land has been terminated and rollback taxes have been imposed due to change of use of said adjacent land to a use other than agricultural or horticultural.
[1]
Editor's Note: Editor’s Note: Former § 90-2.29, Recreation and open space, added 4-12-2006 by Ord. No. 0-06-06, was repealed 3-10-2010 by Ord. No. 0-10-04.
[Added 12-12-2007 by Ord. No. 0-07-26; amended 11-13-2024 by Ord. No. O-24-05]
A. 
Legislative intent.
(1) 
It is recognized that there is a strong relationship between South Harrison Township's quality of life and the integrity of the region's and Township's water quality, air quality, indigenous landscape and aesthetic amenities.
(2) 
The appropriate management and use of existing vegetation resources are an important health, safety and welfare concern. Destruction of South Harrison Township's existing trees, woodlands, forests, meadows and other native natural plant associations contributes to increased soil erosion and sedimentation, increased stormwater runoff which results in increased costs to control runoff, decreased water quality, decreased groundwater recharge, increased greenhouse effects, increased dust, decreased property values and decreased overall environmental health.
(3) 
Therefore, it is the intent of these regulations to protect and preserve the air, water, indigenous landscape, wildlife habitat and aesthetic quality of South Harrison Township, to increase energy efficiency, and to promote the removal of carbon dioxide from the atmosphere by reducing the removal of trees, forests and woodlands and to restore trees when tree removal is necessary as part of land development or subdivision.
(4) 
Specifically, it is the intent of the regulations to:
(a) 
Reduce soil erosion and protect surface water quality by minimizing soil and tree root disturbance in existing woodlands, around tree masses or under individual trees.
(b) 
Reduce stormwater runoff, velocity and volume by retaining woodland and forest areas where stormwater can infiltrate easily.
(c) 
Increase groundwater recharge by retaining woodland areas where stormwater can infiltrate easily.
(d) 
Improve air quality throughout the community by conserving existing trees and other mature vegetation which produce oxygen and remove carbon dioxide from the atmosphere.
(e) 
Protect wildlife habitat.
(f) 
Retain existing trees to provide wind breaks, shade and other microclimate benefits.
(g) 
Retain trees and woodlands that are important to the history and beauty of South Harrison Township.
(h) 
Preserve and enhance property values by retaining and properly protecting existing trees.
(i) 
Replace trees removed for land development.
(j) 
Protect trees located on properties adjacent to development from adverse impact.
B. 
Applicability: preservation of existing vegetation.
(1) 
No significant existing tree in the Township of South Harrison shall be cut or otherwise removed unless done in accordance with the provisions of this chapter. Certain exemptions are allowed under § 90-2.30L of this chapter.
(2) 
All subdivisions, site plans and any other land development which involves or requires the removal of one or more significant trees shall obtain a tree removal permit in accordance with the provisions herein.
(3) 
All subdivisions, site plans and any other land development shall be laid out in such a manner as to minimize the removal of or damage to healthy trees, shrubs and significant vegetation either on or off site, including but not limited to street trees, significant freestanding trees, tree masses, woodlands and forests.
C. 
Tree protection plan. A tree protection-management plan must be submitted to and approved by the Land Use Board at the time of site plan or major subdivision if there are one or more live trees to be removed from the property. The tree protection plan shall be based upon the existing conditions plan and proposed site improvement plan, and contain the following information:
(1) 
Tree inventory. The location, diameter (DBH), elevation, relative health and species of all significant trees on site. Such inventory shall be prepared by a professional surveyor, engineer, or landscape architect licensed in the State of New Jersey, or demonstrated by the applicant to the satisfaction of the Land Use Board and/or the Construction Official and Township Engineer. Within woodland areas, the number of significant trees may be approximated, in lieu of actual inventory, using the forest density survey method. This shall be done by a certified tree expert, a N.J. certified forester, landscape architect, or other tree expert acceptable to the Township Land Use Board, or demonstrated by the applicant to the satisfaction of the Land Use Board, Township Planner, Construction Official and/or Township Engineer. On large sites this may involve representative sample areas. The applicant should present the proposed method for approval with the application.
(2) 
The extent of the existing tree canopy area from individual trees, tree masses and woodlands on-site, and the approximate extent of the existing tree canopy from individual trees, tree masses and woodlands within 25 feet of proposed construction offsite, shall be shown. Whenever possible, the actual canopy spread shall be shown, but if it must be estimated, the canopy shall equal 1 1/2 feet of diameter per inch of trunk diameter.
(3) 
Existing trees, tree masses and woodland areas shall be designated either to remain, to be removed, or to be transplanted. This information should also be included on the landscape plan and soil erosion control plan.
(4) 
Location of all existing or proposed buildings, driveway, grading, septic fields, easements, underground utilities, rights-of-way, and other improvements.
(5) 
Location of existing natural features, including wooded areas, water courses, wetlands, and floodplains.
(6) 
The limits of tree-protection zone (see definition).
(7) 
A chart tabulating the diameter inches being removed, the required compensatory trees, and the proposed quantity compensatory plantings. The location of all compensatory trees and a table identifying the quantity and species of such shall be provided on the project's landscape plan.
(8) 
Specifications for the removal of existing trees and for the protection of existing trees to be preserved, including detail(s) of the tree-protection fencing, as required.
D. 
Minimize removal of existing trees.
(1) 
It shall be incumbent on the applicant to prove that removal of existing significant trees is minimized given the requirements of a good design. If challenged by the Land Use Board or Construction Office, the applicant shall produce evidence such as testimony, written documents or plans certified by a landscape architect, arborist, or other qualified professional showing that no feasible alternative layouts are possible and that no feasible alternative clearing or grading plan would reduce the loss of significant trees given the proposed development.
(2) 
In the event that preservation of existing trees within the tree protection zone is impossible and relocation impractical, then compensatory planting shall be required for each live tree within the tree protection zone and each specimen tree anywhere on the site. A schedule showing the quantities of existing trees to be removed and replacement trees shall be shown on the landscape plan. For wooded areas, tree replacement will be based on the forest survey projection of average trees per acre.
(3) 
Any tree, tree mass, woodland area, or other plants shall be part of a preserved area only if either of the following criteria are met:
(a) 
The tree, tree mass, woodland area or other plants designated to remain appear in relative good health, the driplines are at least one foot from any proposed grading, construction of any kind, including installation of utilities, and the plant(s) do not obstruct any sight triangles, and do not by their apparent health, natural habit or location pose an undue threat to the general health, safety or welfare of the community; or
(b) 
Within the dripline area or within one foot of the dripline, grading and installation of utilities, driveways, parking areas and sidewalks may occur, provided that the applicant's landscape architect, arborist, engineer or other qualified professional provides testimony and/or a drawing that by using innovative techniques the existing tree, tree mass, or woodland area proposed to remain will not be severely injured by the proposed development.
E. 
Protection of preserved vegetation and root zones from construction.
(1) 
Vegetation designated to remain shall be protected by a temporary fence at least four feet in height, such as a wooden snow fence or orange construction fence.
(2) 
The location of this fence shall be shown on the soil erosion control plan, demolition plan (if applicable), grading plan and the landscape plan.
(3) 
The fence shall be placed a minimum of one foot outside the dripline of the protected vegetation, or closer if § 90-2.30D(3) above is applicable, but no closer than six feet to the trunk. Chain link fencing may be required for vegetation protection if warranted by site conditions and/or rarity of the vegetation.
(4) 
If a tree or area of existing vegetation is proposed to remain and is within the limit of disturbance, then the fence shall completely encircle the tree or vegetation.
(5) 
If the tree or area of existing vegetation is proposed to remain and is beyond the limit of disturbance, then the fence shall be placed between the vegetation and the construction.
(6) 
A detail of the fence shall be shown on the plan labeling materials, sizes, and placement. The detail shall note that there shall be no construction, grading, trenching, storing or stockpiling of materials, dumping, vehicular traffic or parking of any kind within the fenced area.
(7) 
The fence shall be erected prior to major clearing or construction and shall remain in place until construction is complete. This shall be noted in the construction sequence of the soil erosion control plan. The fence shall be placed to prevent construction, grading, trenching, storing or stockpiling of materials, dumping, vehicular traffic or parking of any kind within the fenced area. The fenced area shall be posted "TREE PROTECTION ZONE—KEEP OUT."
(8) 
Significant trees located off site and whose dripline is within 25 feet of any proposed construction activities shall be protected by the fence when required by the Land Use Board. As root systems from trees will extend to and beyond the tree's dripline, off-site trees may have driplines and root systems that extend onto the subject property and into the area of disturbance. Accordingly, appropriate protection of significant off-site trees is required to prevent adverse impact to such trees by activities on the subject site.
(9) 
Removal of the fence or disturbance within the fenced area, except as noted below, shall be strictly prohibited.
(a) 
The fence may be removed and construction or removal of vegetation performed if there is an imminent threat to the health, safety and welfare of the community. The Land Use Board will be notified as soon as possible if this is required.
(b) 
The Land Use Board has been given a written explanation of the need for construction or vegetation removal within the fenced area and has issued a letter of consent. When work within the dripline is necessary the following is to be adhered to:
[1] 
The grade of the land located within the driplines shall not be raised or lowered.
[2] 
No construction, grading, trenching, storing or stockpiling of materials, dumping, vehicular traffic or parking of any kind shall be permitted within the dripline or within six feet of any remaining trees, whichever is greater.
[3] 
Any clearing within the dripline, or within six feet of the trunk of a remaining tree, whichever is greater, shall be done by hand-operated equipment.
(c) 
Remedies for damage done within the tree protection zone shall include aeration, mulching, and if necessary, tree or plant replacement as determined by the Land Use Board depending on the amount of damage done.
(d) 
Any significant tree which is seriously injured or removed without proper approvals from the affected areas shall be replaced to the satisfaction of the Land Use Board according to Table 1 below.
F. 
Replacement trees.
(1) 
See Tree Replacement Requirements Table in § 78-3C for tree replacement criteria.
(2) 
Replacement trees shall be nursery grown and comply with the AAN standards for nursery stock. Caliper shall be 2.5 inches to 3.5 inches.
(3) 
Replacement trees shall be of the same or similar quality and character of the trees removed, and may consist of all deciduous trees or a combination of both deciduous and coniferous trees, provided that no more than 25% of the replacement trees are coniferous. Replacement trees for specimen trees should have the potential to grow to a similar size.
(4) 
Replacement trees may be used anywhere on site, unless explicitly prohibited by law. However, replacement trees required under this chapter shall not be used as substitutes for street trees required under § 90-4.18N(4) of the Land Use and Development Ordinance of South Harrison Township. The following may be considered as replacement trees, subject to approval by the municipal agency:
(a) 
Trees planted to meet requirements of other provisions (e.g., in buffer areas) of the Land Use and Development Ordinance of South Harrison Township.
(b) 
Trees planted as part of a reforestation plan for previously cleared areas of the site.
(c) 
Trees planted in a stormwater management basin or on a lot dedicated to a stormwater management basin.
(5) 
In the event that it is unknown how many trees were removed from any given site, and the removal took place without a tree removal permit issued pursuant to this section, the number of trees for which compensatory trees will be required shall be computed by assuming trees over 12 inches in caliper existed 30 feet on center and plotting a maximum number of those trees as circles of a fifteen-foot radius without having the circles overlap or extend beyond the property lines or driplines of existing trees.
(6) 
Replacement will be required for trees that were intended to be protected that show signs of poor health within 18 months of construction.
(7) 
All required replacement trees shall be planted on the site from which the trees were removed or a variance will be required.
G. 
Transplanting existing trees and shrubs. Existing trees on a site may be transplanted and used to fulfill other planting requirements, such as buffers or street trees, if the following requirements are met.
(1) 
The tree or shrub meets the minimum standards required for that particular landscape requirement.
(2) 
The tree or shrub conforms to the minimum requirements for that species as outlined in the AAN standards for nursery stock.
(3) 
The tree or shrub will be transplanted when dormant if deciduous, or during the spring for evergreens, and shall be replanted and thoroughly watered within 24 hours of digging.
H. 
Tree replacement alternatives.
(1) 
All required replacement trees shall be planted on the site from which the trees were removed. Relief, in the form of a variance, from any portion or the entire on-site tree replacement requirement may be granted by the Land Use Board. Any variance relief shall be based upon the standards set forth in Municipal Land Use Law, such as practical physical difficulties (i.e. limitations imposed by drainage conditions, sight triangles, easements; adverse impact to health of other existing trees or proposed plantings; limitations created for purpose of public safety) related to conditions of the site from which the trees are to be removed. The Land Use Board shall solicit the comments and recommendations of the Township Engineer, Planner and/or landscape consultant in determining whether the relief requested by the applicant is reasonable and should be granted.
I. 
Requirements when tree removal is approved.
(1) 
Tree removal shall include cutting, removing of the tree limbs/branches, trunk, and stump.
(2) 
No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development or on the site.
(3) 
All dead or dying trees, standing or fallen, shall be removed from the site.
(4) 
If trees and limbs are reduced to chips/mulch, they may, subject to the approval of the Township Engineer, be used as mulch in landscaped areas.
(5) 
All stumps and other tree parts, litter, brush, weeds, excess or scrap building material, or other debris shall be removed from the site and disposed of in accordance with all applicable laws and regulations.
J. 
Permit approval.
(1) 
A tree removal permit is required from the Land Use Board and/or Planning and Construction Office for removal of any significant tree as regulated in this chapter.
(a) 
Should the proposed tree removal be associated with a development or improvements requiring approval by the Land Use Board, a tree removal permit application shall be reviewed and approved by the Land Use Board with consideration of development review comments and recommendations presented by the Board Engineer, Planner and/or Environmental Commission. The Land Use Board shall not be bound by the recommendations of the Board Engineer, Planner and/or Environmental Commission. If approved, a permit for tree removal shall be issued by the Construction Official at the time of the issuance of a building permit or demolition permit. The tree removal permit shall be valid for one year.
(b) 
Should a waiver from Land Use Board approval be applicable and/or if proposed disturbance does not require specific approval from the Land Use Board, a tree removal permit application shall be reviewed and approved by the Township Planning Office and/or Construction Office with review and comment by the Township Environmental Commission. Review and issuance of said permit shall be based on the standards in Subsections D through H above and shall be valid for one year.
(2) 
Application fee. The permit shall be obtained from the Construction Official upon approval of an application made thereto and a fee as calculated below shall paid with each application. The fee shall be as follows:
Number of Trees
Fee
2 to 10
$100
11 to 20
$200
21 to 50
$400
51 and over
$1,000 plus an additional $100 for each additional 5 trees above 51 or part thereof
(3) 
Where the permit application is submitted as part of an application for development to the Land Use Board, the time for decision on the application shall be governed by the requirements applicable under Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(4) 
Where the permit application is not submitted as part of an application for development, a decision on the application shall be made within 30 days of the receipt of a complete application, or within such additional time as is agreed to by the applicant.
(5) 
Should site limitations or special circumstances prevent compliance with these standards, the applicants may seek a variance from complying with these standards from the Land Use Board in accordance with the provisions of § 90-2.30H.
(6) 
Following issuance of a tree removal permit and during tree removal activities, the Township Engineer or Construction Official will conduct an inspection(s) to verify compliance with the tree removal permit.
(7) 
Appeal. In the event of denial or any tree removal permit by the Construction Official/Zoning Officer, the applicant may appeal that decision to the Land Use Board as provided by statute.
K. 
Duration of permit approvals.
(1) 
If granted for a lot or parcel of land for which no building permit is required, the tree removal permit shall be valid for one year from the date of issuance.
(2) 
If granted for a lot or parcel of land for which a building permit is required, but for which no approval is required from the Land Use Board, the tree removal permit shall be valid until an expiration of the building permit.
(3) 
If granted for a lot or parcel of land for which an approval is required from the Land Use Board, the tree removal permit shall be valid for as long as the approval is valid pursuant to N.J.S.A. 40:55D-1 et seq. and the Township ordinances.
(4) 
Once a tree removal permit expires, a new application must be submitted for review and new permit issued.
L. 
Exemptions. The following circumstances shall be exempt from this chapter:
(1) 
All lot owners may remove no more than one significant tree per year, per acre of the lot. For lots less than one acre, one significant tree per year may be removed. Specimen trees may not be removed without a permit.
(2) 
Trees directed to be removed by municipal, county, state or federal authority pursuant to law (i.e. replacement of septic systems or wells; public safety concerns).
(3) 
Removal of trees which are dead, dying or diseased, trees which have suffered damage or any tree whose angle of growth makes it a hazard to structures, roads or human life.
(4) 
Removal of trees which are causing structural damage to buildings or foundations.
(5) 
Pruning of or removal of trees within the right-of-way by utility companies for maintenance of utility wires or pipelines and the pruning of trees within sight easements.
(6) 
Developments that have received preliminary or final approval within three years prior to the effective date of this chapter, unless a substantial change in the development occurs requiring a revised preliminary approval.
(7) 
Tree nurseries, orchards and properties with a state-approved forest management plan.
(8) 
Cemeteries.
M. 
Violations and penalties.
(1) 
Any person that violates any provision of this section shall, upon conviction thereof be subject to a fine of up to $1,000 per violation or up to 90 days in jail, or both.
(2) 
Each day the violation continues after the violator has been made aware of the violation shall constitute a separate offense. Each tree removed in a manner contrary to this section shall be deemed a separate offense.
[Added 7-9-2008 by Ord. No. 0-08-18]
A. 
Purpose. The purpose of this section is to prevent the erection of dwellings or other structures in areas unsuitable for building sites; to minimize danger to public health by protecting watersheds; to discourage erosion of soils by maintaining adequate foliage cover on hills; and to promote the perpetuation of open space on hillsides. Slope areas may be located within any zoning district in the Township.
B. 
Designation of areas.
(1) 
The steep slope areas shall include all areas in the Township in which the slope is 15% or more, as indicated on the current topographic maps of the U.S. Geological Survey or on a recent topographical survey prepared on behalf of any property owner. Slope calculation shall be based on contour intervals of 10 feet in accordance with standard engineering procedures.
(2) 
Areas subject to steep slope and stream area restrictions shall be indicated on a map maintained by the Township and available to the Zoning Officer and Land Use Administrator.
C. 
Uses permitted. The following uses are the only uses permitted in areas subject to steep slope and stream area controls:
(1) 
Buildings may be constructed in accordance with the regulations of the applicable zoning district, after consideration of the conservation design opportunities. No portion of a building may be constructed on a slope where the grade exceeds 20%.
(2) 
Tree farming, forestry and other agricultural uses when conducted in conformance with conservation practices that ensure adequate protection against soil erosion.
(3) 
Agriculture uses when conducted in conformance with conservation practices that ensure sufficient protection against soil erosion.
D. 
Procedures.
(1) 
Any person desiring to change or in any way modify an existing use of land in an area subject to these controls, shall supply a statement to the Zoning Officer signifying his intentions that the intended use of the land will be a use permitted by these regulations.
(2) 
If such change in use involves the construction of any building, the applicant shall, in addition, furnish the Zoning Officer with a statement prepared by a registered civil engineer or surveyor to the effect that the proposed building will not be erected on any land where the percentage of grade exceeds 20%. No certificate of occupancy shall be granted until the Zoning Officer has inspected the building site and determined that the regulations imposed by this section have been observed.
E. 
Special exemptions. Single-family residences or a portion thereof may be constructed on a slope whose grade exceeds 20% if the building is constructed in such a manner which does not disturb the existing grade and natural soil conditions and where the applicant can prove a hardship. Such a special exception will be considered a variance. An applicant shall supply the Land Use Board with the following and any other information deemed necessary:
(1) 
Site plan of the property indicating existing grades, with contour lines at two-foot intervals, and proposed grades;
(2) 
Landscaping plan indicating proposed paved areas, storm drainage facilities, and ground cover, as well as trees and ornamental shrub locations;
(3) 
Architectural plans, elevations and cross sections; and
(4) 
A statement prepared by a registered architect stating an explanation of the building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds and preventing soil erosion.