The subdivider shall observe the following requirements and principles
of land subdivision in the design of each subdivision or portion thereof.
A.
Any development shall demonstrate conformance to design
standards that will encourage sound development patterns within the Borough.
Where either an Official Map or Master Plan has been adopted, the development
shall conform to the proposals and conditions shown thereon. The streets,
drainage rights-of-way, school sites, public parks and playgrounds, scenic
sites, historic sites and flood control basins shown on the officially adopted
Master Plan or Official Map shall be considered in approval of plats. In accordance
with good design practices, extreme deviations from rectangular lot shapes
and straight lot lines shall not be allowed unless made necessary by special
topographical conditions or other special conditions and acceptable to the
approving authority. All improvements shall be installed and connected with
existing facilities or installed in required locations to enable future connections
with approved systems or contemplated systems and shall be adequate to handle
all present and probable future development.
B.
Character of the land. Land which the approving authority
finds to be in areas which hereafter be identified in a natural resources
inventory as having severe or moderate soil characteristics, particularly
as the land relates to flooding, improper drainage, steep slopes, rock formations,
soil conditions, adverse topography, utility easements or other features which
can reasonably be expected to be harmful to the health, safety and general
welfare of the present or future inhabitants of the development and/or its
surrounding areas, shall not be subdivided, and site plans shall not be approved
unless adequate and acceptable methods are formulated by the developer to
solve the problems by methods meeting this chapter and all other regulations.
C.
Plats straddling municipal boundaries. Whenever a development
abuts or crosses a municipal boundary, access to those lots within the Borough
shall be from within the Borough as the general rule. Whenever access to a
development is required across land in an adjoining municipality as the exception,
the approving authority may require documentation that such access is legally
established and that the access road is adequately improved.
D.
Development name. The proposed name of the development
shall not duplicate or approximate too closely the name of any other development
in the Borough. The approving authority shall have final authority to designate
the name of the development which shall be determined at the sketch plat stage.
A.
The arrangement of streets not shown on the Master Plan
or Official Map shall be such as to provide for the appropriate extension
of existing streets.
B.
Minor streets shall be so designed as to discourage through
traffic.
C.
The Board may require that all lots with frontage on the arterial and collector streets of the Borough, as listed in the Master Plan, shall have frontage on another minor street to serve as a point of access when this is deemed necessary. When frontage on a minor street is required, there shall be no driveway or other curb cut permitted along the frontage of the primary road. All lots requiring reverse frontage shall have an additional 25 feet of depth above the requirements of Chapter 210, Zoning. This 25 feet of depth will be planted by the developer in evergreen trees and shrubs so as to provide a visual screen at least six feet in height and covering 50% of the frontage of the property by the end of two growing seasons. The reverse frontage height of growth requirements can be met in part by grading dirt at a slope of 1:3 to a height of four feet within the twenty-five-foot reverse strip.
D.
The right-of-way width shall be measured from lot line
to lot line and shall not be less than the following:
(1)
Primary streets: 86 feet.
(2)
Local feeder and industrial streets: 60 feet.
(3)
Minor streets: 50 feet.
(4)
The right-of-way width for internal roads and alleys
in multifamily, commercial and industrial developments shall be determined
on an individual basis and shall never be less than 33 feet and shall in all
cases be of sufficient width and design to safely accommodate the maximum
traffic, parking and loading needs and maximum access for fire-fighting equipment.
E.
No subdivision showing reverse 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.
F.
Subdivisions that adjoin or include existing streets
that do not conform to width as shown on the Master Plan or Official Map or
the street width requirements of this chapter shall dedicate additional width
along either one or both sides of said road. If the subdivision is along one
side only, 1/2 of the required extra width shall be dedicated. If a realignment
of an existing road is proposed, the developer shall provide not less than
1/2 of the future width of the side or sides owned by him and 1/2 of the future
width from the new center line through any parcels not owned by him. It shall
be the developer's obligation to obtain the required right-of-way from
the owner/owners of the lands now owned by the developer which are affected
by the proposed realignment.
G.
Grades of arterial and collector streets shall not exceed
4%. Grades on other streets shall not exceed 10%. No street shall have a grade
of less than 3/4 of 1%. Special details may be required where grades exceed
2 1/2%.
I.
Road pavement.
(1)
General. All materials, equipment and methods of construction
shall conform to Standard Specifications and Standard Details for Road and
Bridge Construction of the New Jersey State Highway Department, 1961, on file
with the Borough Engineer. 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. All streets
shall be constructed to the relative strength equivalent for a Class A road
as defined in the Local Bonding Law, N.J.S.A. 40A:2-22, and a permissible
bonding life of 20 years.
(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 shall be tested by running a roller, of
a weight at least equal to that to be used in the paving operation, over the
entire subgrade. If the deformation of the subgrade is excessive in the opinion
of the Engineer, the subgrade must be stabilized in a manner satisfactory
to the Engineer. 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. Certification to this effect from an
approved laboratory source shall be sufficient reason to waive the subbase
course requirement, provided that the CBR value is 20 or greater. 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)
Base course. All minor streets shall have a bituminous stabilized (stone mix) base course five inches thick. All feeder and primary streets shall have a bituminous stabilized (stone mix) base course six inches thick, with increased thickness of the subbase course as specified in Subsection I(3) above.
(5)
Surface course. The surface course shall be a bituminous
concrete surface course, hot mixed, Type FABC-1, two inches thick. A tack
coat of asphaltic oil shall be applied at the rate of 0.1 of a gallon per
square yard to the base course prior to the construction of the surface course.
The surface course shall not be constructed until one year after the completion
of the base course. However, temporary paving shall be placed around all manholes,
valve boxes, inlets, etc., immediately after the construction of the base
course. Temporary paving shall extend outward from these structures a sufficient
distance to provide for proper drainage and for the safety of the traveling
public and snow removal equipment.
(6)
Test cores. Prior to the construction of the top course
but at least six months after the construction of the bottom course, one core
sample for each 2,000 square yards of paving shall be taken at points designated
by the Engineer. The contractor shall cut the cores with a coring machine,
jackhammer or other means approved by the Engineer. One core from every 10,000
square yards shall be analyzed by an approved testing laboratory and the results
submitted to the Engineer. Any deficiencies shall be corrected prior to the
construction of the top course.
J.
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block corners
at intersections shall be rounded at the curbline with a curve having a radius
of not less than 20 feet. Any intersection of other than 90° may be treated
as an exception to the above, and special requirements may be imposed.
K.
Street jogs with center-line offsets of less than 125
feet shall be prohibited.
L.
A tangent of at least 100 feet shall be introduced between
reverse curves on arterial, collector and minor streets.
M.
When connecting street lines deflect from each other
at any one point, 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, radii to be measured from the center of streets.
N.
All changes in grade shall be connected by vertical curves
of sufficient radius to provide a smooth transition and proper sight distance.
O.
Dead-end streets (culs-de-sac) shall not be longer than
600 feet to the radius point and shall provide a turnaround at the end with
a radius of not less than 50 feet and tangent whenever possible to the right
side of the street. 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.
P.
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.
Q.
Such design features as multilegged intersections with
more than four legs, acute-angle V-type intersections and jog intersections
are prohibited.
R.
Continuous local through streets extending from one major
street to another should be avoided.
S.
Four-legged intersections should be used infrequently;
T-type intersections should be used more frequently.
T.
Curbs shall be six by eight by 18 inches, four-thousand-pounds-per-square-inch
concrete, all in accordance with Standard Specifications of the New Jersey
State Highway Department.
U.
Sidewalks shall be four feet wide by four inches thick,
except in areas of driveway crossings where the thickness shall be six inches.
The concrete apron shall also be six inches thick, four-thousand-pounds-per-square-inch
concrete.
A.
All streetlights on minor and collector streets in a
major subdivision shall conform to the following basic design standards:
(1)
Insofar as is practical, lights shall be placed at two-hundred-foot
intervals on alternate sides of the streets.
(2)
Luminaires shall be one-hundred-watt mercury vapor in
line and one-hundred-seventy-five-watt mercury vapor at street intersections.
(3)
Luminaires shall be mounted on a minimum eight-foot metal
boom, attached to a thirty-foot laminated square wood pole. Said luminaires
shall be installed in such a manner that said fixtures shall have a twenty-five-foot
clearance from the roadway surface.
B.
The decision of the Planning Board with respect to the
basic design of a streetlighting proposal shall be guided by a written report
and recommendation of the Borough Engineer as to the conformance of the proposal
with the above standards.
A.
Blocks or the distance between street intersections shall
not be less than 600 feet nor more than 1,000 feet in length except when the
Planning Board may deem that existing conditions or special plan provisions
warrant a variation from this requirement. Likewise, except where existing
conditions or special plan provisions warrant variation, no block shall be
less than 800 nor more than 1,400 feet in depth.
B.
In blocks over 1,000 feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Planning Board. Such
walkway shall be 10 feet wide and be straight from street to street.
C.
For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for such use.
A.
Lot dimensions shall not be less than 100 feet in width
and not less than 15,000 square feet in area but not greater than the local
Zoning Ordinance requires. In areas where no public water supply nor public
sewer is available, the Planning Board may require that test borings and percolation
tests be made to determine the suitability of the soil to provide for the
proper disposal of sanitary sewage, and, if found desirable, increase the
size of the lot to meet requirements.
B.
Insofar as is practical, side lot lines shall be at right
angles to straight streets and radial to curved streets.
C.
Each lot must front upon an approved street at least 50 feet in width, except lots fronting on streets described in § 179-18D(4) and (5) of this article.
D.
Where extra width has been dedicated for widening of
existing streets, lots shall begin at such extra-width line and all setbacks
shall be measured from such line.
E.
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.
A.
In large-scale development, easements along rear property
lines or elsewhere for utility installations may be required. Such easements
shall be at least 15 feet wide and located in consultation with the companies
or municipal departments concerned.
B.
Where a subdivision is traversed by a watercourse, drainageway
channel or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourse,
and such further width or construction, or both, as will be adequate for the
purpose.
C.
Natural features such as trees, brooks, hilltops and
views shall be preserved whenever possible in designing any subdivision containing
such features.
A.
No plan or portion of a plan of subdivision shall be
approved where it is the intention of the owner or owners of the said subdivision
to erect five or more houses thereon, and no construction permits shall be
issued by the Building Inspector, until satisfactory proof is furnished the
Planning Board that all housing units will be connected to a public or privately
owned or operated water and sewer system of sufficient size to assure adequate
water supply and sewage disposal. More specifically, home water supply systems
and/or individual cesspools and septic tanks shall be prohibited.
B.
All water and sewer mains shall be laid by the developer
at his expense and house connections made thereto, the said installation to
be made according to specifications furnished by the Municipal Engineer or
board or body having control of such matters.
[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 grading1 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.
