Township of Pennsauken, NJ Subdivision Review and Approval

The property abuts an existing county road.

The property will be adjacent to a proposed road shown on the County Master Plan or on the County Official Map.

The property abuts county-owned land.

The property is situated within 200 feet of any other municipal boundary.

Drainage from the property flows to or upon a county road or county-owned property.

§ 141-36 Submission procedures.

[Amended 1-14-1981 by Ord. No. 80-38]

At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.

The applicant shall submit the following to the Administrative Officer:

A copy of a concept plan and written request for informal review by the Planning Board, if the applicant so desires, and the Administrative Officer shall notify him or her of the time and date for such.

One copy of the subdivision application form, together with such other exhibits as may be required.

If the application is not complete, the Administration Officer shall return same to the applicant with instructions, list of corrections or missing items; he or she shall also inform the applicant of the number of copies required of the completed or corrected application. Failure to notify the applicant that his or her application is not complete after 45 days from receipt shall automatically cause the application to be considered complete.

If the application is complete, the Administrative Officer shall notify the applicant of the number of copies required.

Upon receipt of the required copies of complete application and if the fee has been paid to Township Clerk, the Administrative Officer shall record the date of receipt, and the legal time period for processing shall begin.

§ 141-37 Application requirements.

A complete application, in the number of copies required for interested Township and county agencies, shall consist of the following:

A properly completed subdivision application form furnished by the Township and available from the Administrative Officer.

[Amended 1-14-1981 by Ord. No. 80-38]

The required fee, in accordance with the Pennsauken Township Schedule of Fees, current copies of which are available from the Administrative Officer; but fees are paid to the Township Clerk.

[Amended 1-14-1981 by Ord. No. 80-38]

A subdivision plan on which the following are set forth for minor subdivisions and major subdivisions containing not more than 10 lots:

Scale: one inch equals not more than 100 feet.

Location map showing all road intersections within 300 feet.

All structures, wooded areas and other topography with existing contours exceeding the property lines by at least 25 feet, as follows:

Where slopes up to 3% prevail generally throughout the property, one-foot contours.

Where slopes generally range between 3% and 10%, two-foot contours.

Grades generally steeper than 10%, five-foot contour intervals.

All lot lines, with owners of all properties within 200 feet of the proposed subdivision.

Streets, easements, watercourses, rights-of-way, both existing and proposed.

All utilities with which the proposed subdivision would connect, including extensions where necessary.

For major subdivisions containing more than 10 lots, and for any development that will ultimately be deemed as major development, in addition to Subsection C(1) through (6) above, shall include:

[Amended 1-14-1981 by Ord. No. 80-38; 5-24-2006 by Ord. No. 06-15; 12-17-2020 by Ord. No. 2020:21]

A complete drainage plan showing location and method of disposing of stormwater at the outfall; proposed contours must also be shown.

A soil erosion and sedimentation control plan, in such detail as the extent of disturbance of the existing ground would warrant, in the opinion of the Township Engineer, to meet the requirements of N.J.S.A. 4:24-30 et seq., as administered by the Camden County Soil Conservation District, including the provisions of retention basins where thus required.

Provision for adherence to the requirements, as applicable, contained in Article XIV, Stormwater Control.

§ 141-38 Distribution of complete application.

As it will determine the number of copies required of the applicant, the Planning Board shall determine the appropriate agencies to receive a copy of the completed application, as indicated in § 141-36C hereinabove, depending upon the complete particular problems which may be involved, but normally 12 copies shall be submitted, unless a greater number is specified by the Planning Board.

§ 141-39 Procedure following submission.

[Amended 1-14-1981 by Ord. No. 80-38]

Upon submission of a subdivision application to the Administrative Officer, who, in turn, shall refer the application to the Planning Board, such Board shall classify the subdivision as minor or major and proceed as follows:

A minor subdivision. The Administrative Officer shall determine if the application is complete and shall return same to the applicant with instructions if not complete. The Board need not hold a public hearing unless, in the Board's opinion, there is sufficient public interest, in which case the procedure prescribed in § 141-8 of Article I herein shall be followed. If no public hearing is necessary, the Planning Board shall review the minor subdivision and shall approve or deny the application at its next regular meeting; at such meeting, the Township Engineer shall certify, before the Board's action of approval or denial, whether or not all technical aspects of the submission are correct.

The Planning Board shall grant or deny approval of the minor subdivision within 45 days following receipt of the required number of copies of the complete application.

Depending upon whether or not there may be corrections or additions, the preliminary submission of the minor subdivision may be considered the same as the final submission, and, if approved, the applicant may proceed with preparation of the plat for recording, as described elsewhere herein.

Failure of the Planning Board to act within the prescribed time period shall constitute approval of the minor subdivision, and a certificate from the Administrative Officer shall be issued upon request of the applicant, which certificate shall be sufficient in lieu of written endorsement or other evidence of approval and shall be accepted by the Camden County recording officer for purposes of filing of the subdivision plat.

Approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted, in whatever form such approval may be, unless within that period of time a plat, in conformity with the law, is filed by the developer.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The zoning regulations applicable to the property involved in such minor subdivision and any terms or conditions upon which the minor subdivision may have been approved shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted as long as the minor subdivision shall have been duly recorded by the Camden County recording officer.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

A preliminary plan of a major subdivision. The Administrative Officer shall determine if the submission is complete and:

If incomplete, the Administrative Officer shall, within 45 days, inform the applicant in what ways the submission is incomplete and shall instruct the applicant as to the number of copies which will be required of the complete application.

If complete, the Administrative Officer shall inform the applicant as to the number of copies of the complete application that are needed; and receipt by the Administrative Officer of the number of copies of the complete application from the applicant shall establish the date of beginning of the time period prescribed by law for processing of major subdivisions, and the Planning Board shall hold a public hearing on the preliminary plan for such major subdivision.

If the applicant is not informed that his or her application is incomplete within such forty-five-day period, such application shall be considered properly submitted and complete.

Following the Administrative Officer's receipt of a complete application, in the required number of copies, of a preliminary plan for a major subdivision containing not more than 10 lots, the Planning Board shall grant or deny approval of the preliminary plan of the major subdivision within 45 days from the date of such receipt, or within such further time as may be consented to in writing by the applicant.

Following the Administrative Officer's receipt of a complete application, in the required number of copies, of a preliminary plan of a major subdivision containing more than 10 lots, the Planning Board shall grant or deny approval of the preliminary plan of the major subdivision within 95 days from the date of such receipt, or within such further time as may be consented to in writing by the applicant.

If the Planning Board should fail to act within the prescribed time periods, preliminary plan approval shall be considered granted.

Effect of preliminary plan approval. Preliminary approval of a major subdivision, pursuant to the above, shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:

The general terms and conditions of preliminary approval, including zoning regulations on the property, layout and design standards for streets, curbs and sidewalks, as well as off-site requirements, shall not be changed.

The applicant may submit for final approval before the expiration date of the preliminary approval.

The applicant may apply for, and the Planning Board may grant, extensions of the preliminary approval expiration date for additional periods of one year each, but not to exceed a total of three years; provided, however, that if the design standards have been raised, the revised standards shall prevail.

Prior to Planning Board action on a preliminary plan for a major subdivision, the Township Engineer shall make certification to such Board concerning all detailed requirements for submission of preliminary plans for subdivision approval, and the Board shall consider such certification before acting.

(9)

Whenever review by the Camden County Planning Board is required, any preliminary plan approval given a major subdivision shall be conditioned upon the timely receipt of a favorable report from such County Planning Board or its approval by failure to act within the time period prescribed by law.

A final plan of a major subdivision.

The applicant shall submit the same number of copies as submitted for preliminary plan review, and the Planning Board shall ascertain that all detailed drawings, specifications, estimates and other requirements of the final plan submission are in accordance with any conditions of approval of the preliminary plan and, if so ascertained, the date shall establish the beginning of the period of time prescribed by law for the Planning Board's approval of final plans; and, if the final plan submission is fully in accord with all requirements prescribed herein, according to the Township Engineer's certification, the Planning Board shall grant final approval of the major subdivision.

Final approval shall be granted or denied within 45 days after the date of receipt by the Administrative Official of the complete submission in the required number of copies, unless extended with the written consent of the applicant, and failure of the Board to act within such time period shall constitute final approval of the major subdivision if acceptable guaranties required herein are furnished by the applicant, in which case the Planning Board Secretary shall issue a certificate as to the failure of the Planning Board to act, and such certificates shall be sufficient in lieu of written endorsement or other evidence of approval herein required and shall be acceptable to the county recording officer for filing of subdivision plats.

Payment of fees applicable to subdivisions. Simultaneous with the submission to the Administrative Officer of the required number of copies of the complete application, for the particular type of subdivision, the applicant shall pay to the Township Clerk the required fee, as prescribed in the Pennsauken Township Schedule of Fees; upon receipt of the proper fee, the Township Clerk shall notify the Administrative Officer.

Guaranties. Required guaranties are specified in § 141-44 herein.

The Planning Board may extend the one-hundred-ninety-day time period for filing a minor subdivision plat or deed pursuant to Subsection A(4) of this section if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.[3]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.[4]

[4]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 141-40 Exceptions in application of regulations.

The Planning Board, when acting upon applications for preliminary plan approval of major subdivisions or minor subdivisions, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions of this chapter for subdivision review and approval if the literal enforcement of one or more provisions herein is clearly impractical or will exact undue hardship because of peculiar conditions prevailing on the land in question.

§ 141-41 Simultaneous action on subdivisions, site plans and variances.

The Planning Board shall have the power, where a site plan or a variance might be involved in a particular subdivision, to act simultaneously on the subdivision or site plan and the granting or denial of a variance where such variance is closely involved with a provision or regulation directly pertaining to subdivisions or site plans, without the applicant having to prepare and submit separate applications or appeals for each; and, where such simultaneous consideration is contemplated, the notice for public hearing shall contain clear reference to any and all matters to be considered simultaneously.

§ 141-42 Reservation of public areas.

Before approving a subdivision in final application, the Planning Board shall require that streets, public drainageways, parks and playgrounds and other public areas designated for reservation in the Master Plan (or Official Map when one exists) must be shown on the plat for recording, in locations and sizes suitable to their intended use; the Planning Board may reserve the location and extent of such streets, drainageways or other public areas for a period of up to one year after the date of approval of the final plat for recording, or within such further time as may be agreed to in writing by the developer, unless during such period of time or extension thereof, the Township shall have entered into contract to purchase or instituted proceedings of condemnation according to law, then the developer shall not be bound by such reservations and may proceed; provided, however, that the provisions of this section shall not apply to streets, drainageways or areas necessitated by the subdivision and required by the Planning Board for final approval.

For such areas being dedicated by the developer, a deed of dedication shall appear on the plat for recording, or such other instrument as may be required by the Township Solicitor or Township Engineer shall be given by the developer.

§ 141-43 Off-tract improvements.

[Amended 1-14-1981 by Ord. No. 80-38]

Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is deemed necessary by the Planning Board or is required by the proposed development application and where no other property owners receive a special benefit thereby, the Board may require the applicant, as a condition of approval and at the applicant's expense, to provide for and construct such improvement(s) as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.

Other improvements.

In cases where the need for any off-tract improvement is determined by the Planning Board and where the Board determines that properties outside the development will also be benefited by the improvement, the Board shall forthwith forward to the Township Committee a list and description of all such improvements together with its request that the Committee determine and advise the Board of the procedures to be followed in the construction or installation thereof. The Board shall act upon the development application within the prescribed time period, subject to receipt of the Township Committee's determination or until the expiration of 45 days after forwarding of such list and description to the Committee without such determination having been made.

The Township Committee, within 45 days after receipt of said list and description, shall determine and advise the Planning Board whether:

The improvement or improvements are to be constructed or installed by the Township:

As a general improvement, the cost of which is to be borne at general expense, except as hereinafter otherwise provided as to a contribution thereto by the applicant; or

As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefit conferred by the improvements in accordance with law, except as hereinafter otherwise provided as to a contribution thereto by the applicant; or

The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.

If the Township Committee shall determine that the improvement or improvements shall be constructed or installed under the above Subsection B(2)(a)[1], the Planning Board shall estimate, with the aid of the Township Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the applicant shall be liable to the Township for such excess. Further, the Township Committee shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.

If the Township Committee shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[2] hereinabove, the Planning Board shall, as provided in Subsection B(3) above, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvement, and the applicant shall be liable to the Township therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the Township Committee shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under said ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth hereinabove.

If the Township Committee shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection B(2)(b) hereinabove, the Planning Board shall, in like manner, estimate the amount of such excess, and the applicant shall be liable to the Township therefor as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such property are received by the Township. Further, the Township Committee shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installations of the improvement or improvements by the applicant.

Performance guaranties. The applicant shall be required to provide, as a condition of final approval of the development application, a performance guaranty running to the Township, as follows:

If the improvement is to be constructed or installed by the applicant under Subsection A hereinabove or under Subsection B(2)(b) hereinabove, a performance bond with surety in an amount equal to 120% of the estimated cost of the improvement; or as to any part of said improvement that is to be acquired or installed by the Township under said Subsection A, a performance bond equal to 120% of the estimated cost of such acquisition or installation by the Township;

If the improvement is to be constructed by the municipality as a general improvement under subparagraph B(2)(a)[1] hereinabove, a performance bond equal to 120% of the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the development property, will be specially benefited thereby; and

If the improvement is to be constructed by the Township as a local improvement under Subsection B(2)(a)[2] hereinabove, a performance bond equal to 120% of the amount referred to in the preceding Subsection C(2) immediately above, plus 120% of the estimated amount by which the development property will be specially benefited by the improvement.

Refund of deposit where improvements are not authorized within five years. In any case in which an applicant shall deposit money with the Township for the completion of an improvement that is to be constructed pursuant to this section by the Township, the applicant shall be entitled to a full refund of such deposit if the Township Committee shall not have enacted an ordinance authorizing the improvement within five years after the date all other development improvements are completed.

Deposit of funds. All moneys paid by an applicant pursuant to this section shall be paid over to the Township Treasurer, who shall provide a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose.

Determination of assessment upon completion of improvement. Upon completion of off-tract improvements required pursuant to this section, the applicant's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that such recalculation shall increase the amount of any cash deposit made by the applicant hereunder,the applicant shall forthwith pay the amount of such increase to the Township. To the extent that it shall decrease the amount thereof, the Township shall forthwith refund the amount of such decrease to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the Township assessing authority in the course of the special assessment proceedings. In other cases it shall be made by the Township Engineer.

§ 141-44 Guaranties required; surety; release.

Before recording of final subdivision plats, or as a condition of issuing a zoning permit pursuant to the zoning regulations herein and as a requirement therein of certain physical improvements, the Planning Board shall require and shall accept, subject to the approval of the Township Solicitor, the following for the purpose of assuring the proper installation and maintenance of required public improvements:

The furnishing of a performance guaranty approved by the Township Solicitor, in favor of the Township of Pennsauken and in an amount not to exceed 120% of the estimated cost of required improvements, as verified by the Township Engineer, which improvements shall include but not be limited to streets, grading, pavements, gutters, curbs, sidewalks, streetlighting and surveyor's monuments, as shown on the final plat as required by the Map Filing Law, as well as water mains, including laterals to the street right-of-way lines, all drainage structures and erosion and sedimentation control devices, and improvements on the property as may be required by the site plan or zoning regulations herein.

The posting with the Township Committee of a maintenance guaranty for a period of not to exceed two years after final acceptance of any particular improvement, in an amount not to exceed 15% of the actual cost of the improvement as verified by the Township Engineer; provided, however, that in the event that a governmental agency other than the Township of Pennsauken or a public utility company will own certain utility lines once satisfactorily installed or the streets are covered by a performance or maintenance guaranty to the other governmental agency, no performance or maintenance guaranty will be required by the Township of Pennsauken or such utilities and related improvements.

The amount of any performance guaranty may be reduced by the Township Committee, by resolution, as portions of the improvements have been certified by the Township Engineer to have been satisfactorily completed; and the time allowed for the installation of the improvements for which the performance guaranty has been provided may be extended by the Township Committee by resolution.

If the required improvements are not completed or corrected in accordance with the performance guaranty, the developer and the surety shall both be liable thereon to the Township of Pennsauken for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after receipt of the proceeds thereof, complete such improvements or the correction thereof, as applicable.

When all of the required improvements have been completed, in the opinion of the developer, he or she shall notify the Township Committee by certified mail addressed in care of the Township Clerk and shall send a copy thereof to the Township Engineer; thereupon, the Township Engineer shall inspect all of the improvements believed to be complete and shall file a detailed report in writing to the Township Committee, indicating his or her recommendations for approval, partial approval or rejection of the improvements with a statement of reasons for such recommended action; if partial approval is recommended, he or she shall include an estimate of the cost of the improvements or portions thereof which he or she feels should be rejected. A copy of the Township Engineer's report shall be furnished to the developer.

If any portion of the improvements is rejected by the Township Committee, it may require the developer and/or the surety to complete such improvements and, upon completion, the same procedure of notification as set forth in Subsection A(5) immediately above shall be followed.

The developer shall reimburse the Township for all reasonable inspection costs paid to the Township Engineer for the foregoing inspection of the improvements, which schedule of fees shall be made a part of the guaranty or surety documents before approval by the Township Solicitor.

§ 141-45 Recording of major subdivisions; filing of subdivision plats.

Final approval of a major subdivision shall expire 95 days from the date of the signing of the plats, unless within such period such plat shall have been duly filed by the developer with the county recording officer. However, the Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the signing of the plat. The Planning Board may extend the ninety-five day or one-hundred-ninety-day period if the developer was bared or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

No subdivision plat shall be submitted to the county recording officer for filing until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairperson and Secretary of the Planning Board or a certificate has been issued in accordance with § 141-39A(2) for minor subdivisions and § 141-39C for major subdivisions; neither the issuance of a certificate by the Planning Board Secretary nor the signatures of the Chairperson and Secretary of the Planning Board shall be affixed until the developer has posted the guaranty pursuant to § 141-44 hereinabove; and, if the county recording officer should record any plat without at least one of such methods of approval, such recording shall be deemed null and void, and, upon request of the Township Clerk, the plat shall be expunged from the official records.

A certificate of recording, blank forms of which are available from the Secretary of the Planning Board, shall be signed by the county recording officer and returned by the developer to the Planning Board Secretary, as evidence of recording, within seven days from the date of the filing of the plat.

§ 141-46 Selling before approval; penalty; suits by the Township.

If, before the final subdivision approval has been granted, any person who transfers or sells or agrees to transfer or sell (except pursuant to an agreement expressly conditioned upon final subdivision approval as owner or agent) any land which forms a part of a subdivision for which Township approval is required by this chapter pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) such person shall be subject to a penalty of not to exceed $1,000 and each lot disposition so made may be deemed a separate violation. In addition to the foregoing, the Township may institute and maintain a civil action:

For injunctive relief.

To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 141-47 hereinbelow.

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land that remains in possession of the seller to secure the return of all deposits and other expenses as prescribed by law, and any action must be brought within two years after the date of recording of the instrument of transfer, sale or conveyance of such land, or within six years if unrecorded.

§ 141-47 Certificate showing approval.

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms a part of a subdivision or which formed a part of such a subdivision three years preceding the effective date of the Municipal Land Use Law (July 1, 1976) [N.J.S.A. 40:55D-1] may apply in writing to the Planning Board for the issuance of a certificate as to whether or not such subdivision has been approved by the Planning Board. Such application shall contain a plan showing the location and street address of the land to be covered by the certificate and the name of the owner thereof.

The Planning Board Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fee which must accompany such application, in accordance with the Pennsauken Township Schedule of Fees, The Planning Board Secretary shall keep a duplicate copy of each certificate, consecutively numbered with notation of fee paid, in a binder as a permanent record of his or her office. Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:

The existence of the Township Planning Board and the number of this chapter controlling subdivisions under the Municipal Land Use Law.

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, with date thereof.

If the subdivision predated the Municipal Land Use Law's effective date by more than three years with no record of dates of Planning Board approval available to the Planning Board Secretary, and if such subdivision duly appears on the tax duplicate of the Township, this fact shall be stated in the certificate as the best available document as to the legality of the subdivision in question.

§ 141-48 Condominiums and cooperatives.

Condominiums and cooperatives are deemed by this chapter to be types of ownership having no bearing upon the subdivision, site plan and zoning regulations contained herein as long as all matters required by law are complied with.

§ 141-49 Valuation, assessments and taxation.

With regard to valuation, assessment and taxation of land in various stages of approval as a subdivision or site plan, the provisions of N.J.S.A. 40:55D-59 of the Municipal Land Use Law shall prevail.

§ 141-50 Powers of Zoning Board of Adjustment to grant variance or conditional use.

The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision approval whenever the Board of Adjustment is reviewing an application for approval of a variance or conditional use; provided, however, that:

Such subdivision application shall be referred to the Planning Board for its review and recommendations to the Board of Adjustment.

Such reference to the Planning Board shall not extend the time by law within which the Board of Adjustment shall act.

Such action by the Board of Adjustment shall require an affirmative vote of at least 2/3 of the full authorized membership of the Board.

§ 141-51 Design standards.

The following standards of design shall be used to judge the adequacy of proposed subdivisions:

Streets (major subdivisions only).

Location. A proposed street shall not be centered upon a boundary line of a tract to be subdivided unless the adjoining owner shall enter into joint or simultaneous application for subdivision of his or her land; and the location of a proposed street abutting and parallel to a boundary line of a tract to be subdivided will be discouraged.

Alignment.

Relative to surrounding residential streets. A proposed subdivision shall make provision for continuation of the alignment of a dedicated street which dead ends at the property line of the tract to be subdivided, whether such dead-end street is in this Township or in an adjoining municipality, but such continuation shall only be required for one lot depth, unless otherwise shown on the adopted Master Plan or Official Map.

Relative to surrounding collector streets. A proposed subdivision shall make provision, by means of a collector street, for continuation of the width, gradient, general alignment and direction of traffic flow of an existing or approved collector street which dead ends at a common tract boundary line or is proposed in the adopted Master Plan or Official Map.

Sight distance. A minimum sight distance at the center line and at a driver's eye height of four feet shall be provided as follows, with respect to horizontal and vertical alignment:

Major streets: in accordance with the minimum standards of the New Jersey Department of Transportation, but in no case less than 500 feet.

Collector streets: 250 feet.

Residential and commercial streets or culs-de-sac: 100 feet.

Horizontal and reverse curves.

Horizontal curves shall have a minimum radius on the center line as follows:

[a]

Major streets: in accordance with the minimum standards of the New Jersey Department of Transportation.

[b]

Collector streets: 300 feet.

[c]

Residential and commercial streets: 150 feet.

[d]

Culs-de-sac: 100 feet.

And, in addition, reverse curves shall be separated by tangents of not less than 100 feet.

(e)

Vertical curves shall be used at a change in gradient of more than 1% and the length of such curves shall not be less than the required distance to produce a design speed of 35 miles per hour.

(f)

Gridiron street pattern. While most of the streets in the Township follow an established gridiron pattern, the use of curvilinear street alignment will be encouraged where a saving of existing trees, a reduction in grading or an improved appearance would result in greater compatibility with the surrounding environment.

(g)

Gradients shall be measured on the center line of all vehicular ways, and maximum and minimum gradients shall be as follows:

Type of Street	Maximum Gradient (percent)	Minimum Gradient (percent)
Residential and culs-de-sac	8	1
Driveway entrances within street right-of-way	5	1
Collector	7	1
Commercial	5	1
Intersections, and 50 feet on each side	4	1

Right-of-way and paving widths. The minimum widths shall be not less than those for an existing street of which the new street is to be a continuation, but in no case less than as follows:

Type of Street	Minimum Right-of-Way (feet)	Width of Cartway (feet)
Major (NJDOT)
Collector	60	36
Residential	50	34
Commercial	60	40
Cul-de-sac	50	30

Culs-de-sac shall not be approved:

Wherever a through street is practicable, unless the cul-de-sac is clearly the basic principle for design of the subdivision.

Which are more than 350 feet in length, measured from the center line of the street to the center of the turnaround, except in very unusual circumstances deemed by the Planning Board to warrant greater length and where the public interest is not jeopardized.

Private street or driveway. A private street or private driveway shall not provide access to a public street for more than two lots.

Crosswalks, where required by the Planning Board in excessively long blocks, shall have a right-of-way of 10 feet in width and shall have a paved way of not less than four feet in width.

Intersections.

Right-of-way lines, if projected to points of intersection, shall intersect at 90º wherever possible, but in no case less than 60º, and shall meet intersecting right-of-way lines by means of a tangential arc having a radius not less than 10 feet in length.

Curblines shall intersect by means of a tangential arc having a radius not less than 20 feet in length, and the grade lines of tops of intersecting curbs shall, if projected, meet at a common point.

Street names and signs shall be approved by the Township Committee, and duplication shall be avoided unless as a continuation or projection of an existing street name. The subdivider shall install one street standard and sign, approved by the Township Committee, at each intersection, and, in addition, a standard dead-end sign shall be installed at the entrance to all culs-de-sac.

(9)

Obstructions such as fences, hedges, freestanding walls or plantings, other than street trees, shall be prohibited within the street right-of-way.

(10)

Streetlights shall be installed by the developer at all street intersections and at such other locations as may be directed by the Planning Board.

(11)

Curbs shall be installed along all streets.

(12)

Street trees, of a type and size approved by the Planning Board, shall be planted by the developer within the street right-of-way and, where possible, between the lot line and the sidewalk and not between the sidewalk and the curb spaced not less than 40 feet nor more than 60 feet apart in the row and staggered along both sides of residential streets.

(13)

Fire hydrants, of a type approved by the fire companies, shall be installed at such locations that any dwelling shall be within a radius not greater than 600 feet from such fire hydrant, within the subdivision, or as otherwise directed by the fire companies.

Sidewalks (all subdivisions).

Paved sidewalks shall be provided along all dedicated streets serving all improved lots fronting or siding upon such streets, unless otherwise directed by the Planning Board.

Location of sidewalks shall be between the street right-of-way line and the curb and shall be three feet away from the right-of-way line.

Blocks (major subdivisions only).

Length of blocks greater than 1,600 feet shall not be permitted, in the absence of special conditions deemed by the Planning Board to warrant greater length.

Width of blocks, wherever practicable, shall be two lot depths in width and, except at street intersections, no single lot shall abut more than one street.

Crosswalks, at or near the middle of blocks longer than 1,000 feet, shall be provided where deemed by the Planning Board to be necessary for the public safety or convenience.

Lots (all subdivisions). The minimum area, width, coverage and setback lines for lots shall be as prescribed in the area, width, yard and coverage provisions of the zoning regulations contained in Article VII of this chapter, and:

Depth of lots shall be so designed as to avoid excessively deep properties, and a proportion of depth equals two times the width shall be considered desirable, but shall not be required.

Lot frontage. All lots within a subdivision shall front upon a public street, and the length of such frontage shall be adequate to provide, but need not be equal to, the minimum lot width at the building line as prescribed in the zoning regulations of Article VII herein.

Side lot lines, wherever practicable, shall be perpendicular to, or radial from, in the case of lots around a turnaround on a cul-de-sac, the street right-of-way line.

House numbers shall be in conformity with the established system of house numbers within the Township, and in any case shall be as approved by the Planning Board.

Natural features (all subdivisions), such as large trees or watercourses deemed to be desirable by the Planning Board, shall be preserved if practicable.

Reserve strips, in an attempt to prevent access to a proposed or existing street, shall be prohibited in all subdivisions.

Storm drainage (major subdivisions and any subdivision that will ultimately result in major development shall meet the requirements contained in Article XIV, Stormwater Control).

[Amended 5-24-2006 by Ord. No. 06-15; 12-17-2020 by Ord. No. 2020:21]

Surface water runoff control measures, shown on the developer's erosion and sedimentation control plan as a part of the application for preliminary approval, shall comply in all respects with standards of the Camden County Soil Conservation District, pursuant to N.J.S.A. 4:24-39 et seq., and shall be so designed as to restrict peak flow of stormwater runoff from the subdivision tract during and after development to not more than the volume of runoff that existed prior to development by use of methods to withhold, disperse and release at a controlled rate all runoff over and above that which would have occurred from the land prior to development.

Where based upon the recommendations of the Camden County Planning Board, the Camden County Soil Conservation District or the Township Engineer, storm sewers and culverts shall be required. Installations shall be so designed as to:

Permit unimpeded flow of natural watercourses.

Ensure adequate drainage of all low points along the streets.

Intercept stormwater runoff along streets at intervals related to the extent and gradient of the areas drained.

Provide positive drainage away from all buildings and other structures within the subdivision.

Storm sewers and related installations shall be required when the runoff stormwater cannot be satisfactorily handled within the street.

Where existing storm sewers are feasibly accessible by size and location, connection thereto shall be required.

In the design of storm sewers, where required, concentration of stormwater runoff shall be avoided.

All storm sewer systems, including piping, inlets and culverts, shall be designed for a storm of one-hundred-year frequency, same as prescribed in Subsection G(7) immediately below.

Where a subdivision is traversed by a watercourse or where such watercourse forms a boundary for the tract being subdivided, there shall be provided a drainage easement conforming substantially to the high-water level attributable to a flood of one-hundred-year frequency to protect the unimpeded flow of natural drainage.

The applicant shall dedicate his or her portion of such stormwater easement which would extend upon the tract being subdivided.

Erosion and sedimentation control (for all subdivisions).

For minor subdivisions, all necessary steps required by the Planning Board shall be taken by the developer to preclude stormwater runoff from flowing from the lots being improved upon adjacent property, and particularly shall stabilize the surface soil in any effective manner, during any and all stages of development, from eroding off the premises being improved or developed.

For major subdivisions, the following shall apply:

The developer shall employ every available measure to control erosion and sedimentation and shall meet as a minimum the standards and criteria of the Camden County Soil Conservation District pursuant to N.J.S.A. 4:24-39 et seq. The specific measures to be used will depend upon the size of the tract being developed, soil types, slope and the intensity of improvement of adjacent property both upstream and downstream referring to direction of surface flow.

In addition, as a part of the soil erosion and sedimentation control plan, as required in § 141-37D(2) herein, the developer shall submit proposed data and other information, to indicate that the subdivision will be carried out in compliance with the following principles:

[Amended 1-14-1981 by Ord. No. 80-38]

The smallest practicable area of bare soil shall be exposed at any one time during construction.

Temporary ditches, dikes, vegetation and/or mulching shall be used to protect critical areas exposed unavoidably.

Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from runoff from land undergoing development.

[4]

Provisions shall be made to accommodate increased runoff caused by changed soil and surface conditions both during and after construction.

[5]

Control measures, including permanent vegetation, shall be installed during construction activities.

Where recommended by the Township Engineer, the Planning Board shall require the installation of such retention basins as may be necessary to meet the standards of the Camden County Soil Conservation District and the design and location of which shall be such that at no time during or after construction shall the amount or velocity of stormwater runoff exceed that prevailing before the beginning of construction, and calculations acceptable to the Township Engineer shall be submitted for conditions before, during and after construction.

[Added 1-14-1981 by Ord. No. 80-38]

Maintenance of stormwater management measures (for all subdivisions that will ultimately result in major development). A maintenance plan for the stormwater management measure incorporated into the design of any development shall adhere to the requirements, as applicable, contained in Article XIV, Stormwater Control.

[Added 5-24-2006 by Ord. No. 06-15;12-17-2020 by Ord. No. 2020:21 ]

§ 141-52 Construction standards.

[Amended 5-24-2006 by Ord. No. 06-15; 12-17-2020 by Ord. No. 2020:21]

The following construction standards shall apply to all subdivisions. In addition, the stormwater management requirements, as applicable, contained in Article XIV, Stormwater Control, and N.J.A.C. 5:21, the Residential Site Improvement Standards, Subchapter 7, shall apply to the construction of any residential major development, whether the subdivision is considered as major or minor.

Minor subdivisions. Such erosion and sedimentation control measures required by § 141-51H(1) herein shall apply and, where required by the Planning Board, the erosion and sedimentation control plan shall comply with the following:

Such plan shall be at a scale of one inch equals not more than 20 feet, showing metes and bounds of the property to be subdivided.

The names of all abutting streets and the names of all property owners adjacent to or across the street from the property to be subdivided, according to the current tax duplicate.

A topographic survey with contours at one-foot intervals, or sufficient spot elevations to show the existing slope of the property to be subdivided, and proposed contours at one-foot intervals, or sufficient proposed grades to indicate any proposed changes in the ground surface, with the name and seal of the engineer or surveyor licensed in New Jersey responsible for such topographic information and the date such was prepared.

A single plan may be used, if practicable, to show the information required in Subsection A(2) and (3) above.

A written statement shall accompany the application indicating the type of structures to be placed on the lots after subdivision and the use to which each will be put, sufficient to indicate compliance with the zoning regulations.

Major subdivisions. Construction drawings shall show or include all streets, drainage structures, erosion and sedimentation control, all utilities, existing trees and all proposed plantings and shall show, but not be limited to, the following:

Plans, profiles and typical cross sections, at appropriate scales and in sufficient detail as to serve for obtaining bona fide bids.

Structural details, with computations.

Drainage design with computations justifying location and type of all drainage structures, all pipe sizes and gradients.

The type, size and location of all utilities to be constructed or those that will serve the subdivision.

A grading plan, with existing and proposed contours at one-foot intervals, showing all existing and proposed structures, proposed drainage system and proposed building locations.

As-built plans shall be prepared and furnished for all streets; utilities, including pipe sizes and inverts; stormwater management measures; wetlands areas; and floodplain areas. The as-built plans shall be provided in an AutoCAD compatible digital file with horizontal and vertical datum conforming to current Township digital files and submitted with a plan and survey signed and sealed by a New Jersey licensed professional land surveyor. The as-built information shall be submitted prior to final acceptance and dedication of streets or other improvements by the Township.

Required improvements. The developer shall construct, at no cost to the Township, streets and other improvements from the lot or lots of the proposed subdivision to the nearest street or other improvements, and all work shall meet Township standards.

Inspection of work and materials; stop-work order.

All work shall be subject to inspection by the Construction Official at any time or place. Whenever any work or materials are found to be not in compliance with the terms of this chapter or at variance with the specifications approved as a basis for the permit issued therefor, following written notice by the Construction Official to the Township Committee, he or she may stop all work on the job until such noncompliance or variance is eliminated. It shall be unlawful to do or perform any work in violation of such stop-work order, except as may be necessary to prevent injury or damage to persons or property. Such stop-work order may be revoked by the Township Committee following receipt of a written recommendation from the Construction Official.

No underground pipes, structures, subgrades or base course shall be covered until inspected by the particular representative of the Township department which will ultimately assume the responsibility of maintenance of the particular improvement or, in lieu thereof, the Township Engineer.

Notice shall be given to the Township department having jurisdiction at least 24 hours in advance of any construction operation to provide for required inspection.

The developer shall pay inspection fees in accordance with the Township schedule of fees adopted by the Township Committee, as amended from time to time, copies thereof being available in the Township Clerk's office.

(9)

Monuments.

Streets. Monuments shall be placed at street intersections, angle points, beginning and ending of all curves and at such other locations along the right-of-way lines as the Township Engineer may designate, and such monuments shall be shown on the record plat. Monuments shall be standard concrete survey monuments 30 inches deep and a minimum of six inches square at the top.

Lots. Lot pins of 1/2 inch by 24 inches solid iron rod shall be placed by the subdivider at all lot corners and driven flush with the ground.

(10)

Storm drains.

Location. When installed within a street right-of-way, storm drains shall be in place prior to paving; discharge points shall be shown on the approved working drawings, as well as the erosion and sedimentation control plan, and shall be approved by the Planning Board upon recommendation of the Township Engineer.

Size and gradient. Minimum diameter of pipe shall be 18 inches, and minimum velocity shall be 2 1/2 feet per second.

Changes in alignment or profile. Manholes or drain inlets shall be provided at each such change.

Manholes. Approved manholes shall be not more than 300 feet apart where pipe sizes are 24 inches or less, and not more than 450 feet apart where pipe sizes are more than 24 inches; and, where approved by the Planning Board following recommendation of the Township Engineer, inlets and catch basins may serve a dual function for manholes.

(e)

Inlets. Inlets shall be designed to control the passage of solids and floatable material. Grates shall be the NJDOT bicycle-safe grate or equivalent, provided that each individual clear space in the grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension. Grates consist of street inlet grates, trench grates, manhole grates, ditch grates and slotted drains. Curb-opening inlets shall have no individual clear space greater than seven square inches, or no greater than two inches across the smallest dimension. At street intersections, inlets shall be placed on the tangent and not on the radius of the curb.

(f)

Pipe. Pipe material shall be reinforced-concrete, or other approved material for the particular location and condition, according to the recommendation of the Township Engineer.

(g)

Storm drainage analysis and calculations. In all cases, the soil erosion and sedimentation control plan shall be accompanied by, or include, an analysis and copy of calculations, showing the method, formula, coefficient of runoff, intensity and drainage area, velocities and stormwater flow for justification of all pipe sizes, swale design, inlet locations and gradients.

(h)

Bridges and culverts. Bridges and culverts shall be designed to meet the requirements of the particular condition, as may be approved by the Planning Board following recommendations by the Township Engineer; provided, however, that where a stream is indicated in any fashion or where a swale is indicated to the extent that a watercourse will be formed during a flood (heavy rainfall), on the latest United States Geodetic Survey Map; or where a watercourse is indicated on an atlas for the area, the design of the bridge or culvert shall be in accordance with the latest standards of the Stream Encroachment Section, Floodplain Management Bureau, of the New Jersey Department of Environmental Protection.

(11)

Driveways. All driveway entrances shall be so designed that the normal stormwater flow in the street gutters shall not be interrupted thereby, and the profile of the driveway shall conform to the cross slope of the sidewalk.

(12)

Sidewalks. Unless greater width shall be required by the Planning Board after consideration of the pedestrian traffic load at any particular location, the minimum width of sidewalks shall be four feet; the minimum thickness shall be four inches, except where passing across driveways the minimum thickness shall be six inches; construction material shall be portland cement concrete, meeting the New Jersey Department of Transportation Specification for Class C concrete, developing a minimum compressive strength of 3,000 pounds per square inch air-entrained 3% to 6% cross slope shall conform to that of existing sidewalks with which the proposed sidewalks join, but where no existing sidewalks are nearby, the cross slope shall be established by a 1/4 inch per foot gradient from the street right-of-way line to the top of the curb.

(13)

Curbing and paving. Curbing shall be installed after subgrade compaction but before paving operations begin, and both shall be as follows:

Curbing. Curbs shall be six inches by nine inches by 18 inches portland cement concrete, conforming to the New Jersey Department of Transportation's latest Specification of Class B concrete, developing a minimum compressive strength of 4,000 pounds per square inch air-entrained 4% to 6%; no precast curbs shall be used.

Paving.

Subgrade. Wherever possible, the subgrade shall be in cut, undisturbed subsoil, or in subsoil fill if compacted, but in no case shall subgrade be established on topsoil; compaction shall be accomplished by a sheep's-foot, smooth-wheel, rubber-tired roller or vibrator compactor, depending upon the nature and condition of the subsoil as determined by the Township Engineer, until the subgrade becomes tight and dry and shall not be soft and become displaced under the operation of the roller; compaction of subgrade shall extend the full width of the subbase.

Subbase shall be six inches in depth, after compaction, composed of gravel, slag or other materials approved by the Township Engineer, provided that said Engineer may require the subbase to be Type II, Class B, where, in his or her opinion, the subgrade is unstable, or he or she may require the subbase to be underdrained.

Base course shall be four inches bituminous Type II stabilized, Class B, as approved by the Township Engineer.

[4]

Surface course shall be 2 1/2 inches of FABC-2 for residential streets, and for commercial streets the thickness shall be three inches of FABC-2.

[5]

All of the above paving construction shall be in accord with the New Jersey Department of Transportation Specifications, provided that all state and county roads shall be paved in accordance with the standards of the state and county, respectively.

(14)

Sanitary sewerage. All aspects of sanitary sewerage shall be constructed in full compliance with the requirements of the Township Sewerage Authority, the New Jersey Department of Environmental Protection and the Township Engineer, and all new sewerage connections shall be subject to that Authority's determination as to the capacity of its treatment facilities to receive additional sewage.

(15)

Water supply. All aspects of water supply shall be constructed in full compliance with the requirements of the Merchantville-Pennsauken Water Commission, the New Jersey Department of Environmental Protection and the Township Engineer.

(16)

Street trees. Approved street trees shall be planted along all public streets, between the street right-of-way line and the sidewalk where feasible, and one foot from the right-of-way line; hardwoods, except pin oaks, shall be deemed approved street trees.

(17)

Topsoil and seeding.

On the individual lots, all areas to be seeded shall first be spread with four inches of topsoil, and seeding shall be with Manhattan perennial rye grass, four pounds per 1,000 square feet according to an approved erosion and sedimentation control plan.

Within the street right-of-way, all unpaved areas shall be seeded to an approved specification.

(18)

Existing trees. All existing trees over five inches in caliper shall be retained wherever possible, and all such trees shall be shown on all site or grading plans; no such trees shall be destroyed except by specific approval of the Planning Board. It also is the intent of this chapter to retain all desirable existing trees smaller than five inches in caliper if practicable.

(19)

Shade trees. Where no suitable existing trees are on the individual lot, at least one approved shade tree two inches to 2 1/2 inches, at least eight feet to 10 feet high shall be furnished, guaranteed for one year and planted by the developer on each residential lot, the location to be approved by the Planning Board.

§ 141-53 Fees.

All fees relating to subdivisions shall be in accordance with the Township Schedule of Fees adopted by the Township Committee, and amended from time to time, copies of which are available in the Township Clerk's office.

§ 141-54 Conditions for acceptance of streets, improvements and open spaces.

The following conditions shall pertain to acceptance of streets, required improvements and open spaces:

The Township Committee, upon recommendation of the Planning Board, shall have no obligation to accept or take over and make public any street, improvement or open space unless:

The required improvements, utility mains and laterals and monuments, shown on the approved working drawings, have been certified by the Planning Board Engineer to the Planning Board as having been constructed in accordance with the provisions of this chapter, that proper as-built plans have been prepared in accordance with § 141-52B(6) and a copy filed with the Planning Board, and a bond or other guaranty acceptable to the Township Committee has been furnished to the Township for the maintenance of all required improvements for a period of two years after the date of dedication and acceptance of such improvements; the amount of such maintenance guaranty is prescribed in § 141-44B herein.

[Amended 5-24-2006 by Ord. No. 06-15]