The subdivider shall observe the following requirements and principles
of land subdivision in the design of each subdivision or portion thereof.
[Added 4-20-2006 by Ord. No. 2006-7]
A. Statement of purpose. It is the express purpose of this
section to provide special qualitative and quantitative development controls
for all lands located within the Borough that have present within their boundaries
topographical conditions, hereinafter defined as "steep slopes."
(1) These special development controls are provided in recognition
of the potentially negative impacts of construction in steep slope areas in
the form of erosion, siltation, excessive removal of vegetation and soil,
flooding, soil slippage, water runoff and destruction of unique land forms.
The purpose of this section is to encourage good land use planning and design,
and to maximize optimal use of the natural terrain.
(2) Effective and reasonable application of these regulations
will protect the health, safety and welfare of the citizens of the Borough.
B. Applicability. Any requirements, guidelines and controls promulgated under this section shall be applicable to all properties within all zone districts situated in the Borough in their existing physical state or condition as of the date of the passage of this section. The requirements of Subsections
C,
D and
E shall apply where said properties have a slope area of 15% or greater.
C. Construction control limitations. Disturbance of steep
slopes shall be limited to the following based on the indicated slopes:
|
Slope
|
Permitted Activity
|
---|
|
Less than 15%
|
All activities
|
|
15% to less than 20%
|
All activities and transitional grading 1 subject to review and approval of individual grading plans per Subsection E below
|
|
20% or greater
|
No disturbance permitted
|
|
NOTES:
|
|
1"Transitional grading" shall be defined
as the disturbance in that area of land between the original grade and the
finished grade, adjacent to buildings, roads, driveways, parking areas, septic
systems, retaining walls and other like improvements.
|
D. Exception. The above construction control limitations
are not applicable for isolated steep slopes with an area of 500 square feet
or less.
E. Lot grading/driveway/drainage plans. For all lots with
proposed disturbance of a steep slope area, a lot grading/driveway/drainage
plan shall be approved by the Borough Engineer prior to the issuance of a
building permit. Said plan shall include, but not be limited to, existing
and proposed contours, limits of soil disturbance, construction details, soil
erosion, sedimentation control measures and drainage calculations and, where
required by the Borough Engineer, stormwater control measures. A five-hundred-dollar
escrow fee deposit per lot shall be paid to the Borough for review and inspections
of individual lot grading/driveway/drainage plans. The deposit shall be administered
in accordance with the provisions of this chapter.
[Added 4-20-2006 by Ord. No. 2006-7]
A. A landscaped buffer area shall be provided along all
tract boundaries and shall be not less than 25 feet in width, except that
a landscaped buffer area not less than 40 feet in width shall be provided
along all tract boundaries adjoining nonresidential uses or zones. Landscaped
buffer areas shall be provided in addition to the minimum lot area and building
setback requirements for the zone in which the subdivision is located.
B. All landscaped buffer areas shall be placed in conservation
easements and dedicated to either the Borough of Pemberton or to a homeowners'
association if a homeowners' association is established.
C. The developer of a subdivision shall provide the Borough
with a two-year maintenance guarantee to ensure the survival or replacement
of plantings within the landscaped buffer area.
D. In the case of a homeowners' association after the
expiration of the two-year maintenance guarantee, the homeowners' association
shall be required to maintain landscaped buffer plantings in good condition
and shall be responsible to replace dead or dying trees where, in the judgment
of the Borough Engineer, such replacements may be necessary.
E. All landscaped buffer areas shall be planted with a dense
mixture of coniferous and deciduous trees and shrubs. Deciduous trees shall
be not less than 11 feet to 13 feet in height at the time of planting, and
coniferous trees shall not be less than eight feet to 10 feet in height at
the time of planting. Shrubs shall be not less than 18 inches to 24 inches
at the link of planting. Tree plantings shall be provided at a rate of not
less than 45 trees per 100 linear feet, and not less than 55 shrubs per 100
linear feet of landscaped buffer. Landscaped buffer areas adjoining nonresidential
uses or zones shall be at the rate of not less than 60 trees per 100 linear
feet and not less than 70 shrubs per 100 linear feet of landscaped buffer
area. At the discretion of the Planning Board, a berm and/or fence may also
be required in addition to required plantings within landscaped buffer areas.
[Added 4-20-2006 by Ord. No. 2006-7]
Along all existing and proposed roads there shall be provided shade
trees.
A. Shade trees shall be planted within a ten-foot wide shade
tree easement that shall be provided in addition to the road right-of-way.
The shade tree easement area shall be provided in addition to the minimum
lot area for the zoning district in which the subdivision is located.
B. Shade trees shall be deciduous trees indigenous to the
area and shall include a mix of maple, oak, tulip, or other indigenous species
acceptable to the Planning Board.
C. Shade trees and the shade tree easement area shall be
provided along both sides of all roads, and shade trees shall be planted not
less than 30 feet apart. Where the ten-foot wide shade tree easement and required
plantings may be located within required sight triangles, an additional shade
tree easement area may be required.
D. Shade trees shall be not less than 11 feet to 13 feet
in height at the time of planting.
[Added 4-20-2006 by Ord. No. 2006-7]
A. Ten percent of the tract area to be improved for residential
development shall be set aside as open space accessible to the public or the
homeowners' association. Not less than 5% of the required open space
shall be improved. "Improved open space" is open space that is graded, landscaped
and improved with a variety of recreation equipment, such as a tot lot, open
play areas, such as ballfields, and a neighborhood commons with amenities,
such as street furniture, game areas, decorative fencing, etc.
B. Walking trails shall be set aside in each subdivision to establish pedestrian linkages with adjoining tracts, open space and natural areas, and/or where, in the judgment of the Planning Board, such pedestrian linkages are appropriate, to provide connectivity and accessibility among neighborhoods and adjoining areas. Walking trails shall be required in addition to the required open space areas in Subsection
A above, and may be located within open space areas for the convenience and enjoyment of the public or the homeowners' association.
[Added 4-20-2006 by Ord. No. 2006-7]
Conservation easements and/or deed restrictions are required. Conservation
and/or open space and recreation easements shall be provided and shall include
deed restrictions against any use contrary to public purposes or natural resource
protection, conservation, open space and recreation, as the case may be.
A. NJDEP regulated areas and other natural resource conservation
areas including, but not limited to wetlands, their transition areas, stream
and/or riparian corridor protection areas, and other natural resource protection
areas shall be placed within conservation easement areas. Conservation easement
areas shall be dedicated to the Borough of Pemberton, or another appropriate
entity as may be recommended by the Planning Board and approved by the Pemberton
Borough Council.
B. Required open space and recreation areas shall be appropriately
deed restricted so as to limit their use to open space and recreation use.
Such deed restrictions may include an easement or dedication of land to the
Borough of Pemberton, as may be recommended by the Planning Board and accepted
by the Borough Council.