A.
An informal submission is optional. An informal discussion
may be held at a meeting of the approving authority with reference
to an informally prepared plat of sufficient accuracy to be used for
purpose of discussion. The purpose of such a discussion will be to
review overall development concepts in order to assist the applicant
in the preparation of subsequent plans. No decisions will be made
and no formal action taken on an informal discussion. Discussion and
recommendations shall be informal and not be binding on the approving
authority. The approving authority shall have the right to limit and
control the extent, length and scope of such informal discussion,
to regulate when it may occur, to require prior notice of a request
for it and to conclude it in the interests of expediting other business
or if the matters being presented, in the judgment of the approving
authority, should be presented formally.
B.
The data included on an informal submission of a site
plan shall include sufficient basic data to enable the approving authority
and the applicant to comment upon design concepts such as building
location, ingress and egress, parking, major natural features that
will have to be recognized or may influence certain design criteria
and the applicant's basic intent for water, sewerage and storm-drainage
facilities. Informal submissions should be sketches to scale of possible
plan(s) for development. They are not binding on the municipality
or upon the developer. Accurate engineered drawings are not necessary.
[Amended 12-30-1980 by Ord. No. 80-25]
A.
An applicant for subdivision or site plan approval
shall, prior to or at the time of filing an application for subdivision
or site plan approval, file application for classification with the
Secretary of the Planning Board, unless, pursuant to the Municipal
Land Use Law[1] and the provisions of this Part 2 such subdivision or
site plan application is to be reviewed by the Board of Adjustment
in connection with an application for a variance pursuant to N.J.S.A.
40:55D-70d (use variance), in which case the application shall be
filed with the Secretary of the Board of Adjustment. Such application
shall be filed at least three weeks prior to the meeting of the municipal
agency to which it is submitted. The application for classification
shall include three completed copies of the application for classification
form, 12 black-on-white copies of the sketch plat, one completed copy
of the sketch plat check list and the applicable fee.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The municipal agency to which the application for
classification is submitted shall review the application for its completeness
as a submission for classification. If the application is complete,
the municipal agency shall classify the development described therein
as involving the major or minor subdivision or site plan review procedure
under this Part 2 no later than its first regular meeting following
the three-week period, if the municipal agency with which the application
for classification has been filed would be the proper approving authority
under such review procedure. If the application is incomplete, if
the nature of the development request cannot be discerned sufficiently
enough from the application to determine the proper review procedure
or if another municipal agency would be the proper approving authority
under the review procedure involved, the municipal agency shall reject
the application, decline to classify the development and state its
reasons for such action. No action on an application for classification
shall be construed to be approval of an application for development,
nor shall any action on an application for classification be construed
as prohibited later rejection of an application for approval is subsequently
submitted information discloses that the application has been improperly
classified.
[Added 7-7-2007 by Ord. No. 2007-10;
amended 3-18-2008 by Ord. No. 2008-2A; 12-30-2008 by Ord. No. 2008-23; 9-20-2011 by Ord. No. 2011-15]
A.
For the purposes of determining completeness of applications for development pursuant to N.J.S.A. 40:55D-10.3, the checklists set forth in Attachment 14 [being checklists designated Section A — Minor Subdivision, Section B — Preliminary Major Subdivision, Section C — Final Major Subdivision, Section D — Preliminary Major Site Plan, Section E — Final Major Site Plan, Section F — Minor Site Plan, Section G — Environmental Impact Assessment, and Section H — Use Variance, and Section I — Application for Highlands Resource Permit] are made part of this Chapter 100.[1] Nothing herein shall be construed as diminishing the obligation of an applicant for development to prove in the application process that he is entitled to approval of the application submitted, including the obligation to submit as part of the application approval process additional information required for his application by other sections of this Article XXII or other portions of this Chapter 100.
[Amended 3-21-2023 by Ord. No. 2023-06]
[1]
Editor's Note: Said checklists are listed in Attachment 4, included as an attachment to this chapter, and the checklists are on file in the Township office.
B.
In addition to the foregoing checklist requirements, as to applications for development for property in this Township located wholly or partially within the Planning Area or Preservation Area of the Highlands Region, the requirements of § 100-163.2 shall also apply for the determination of completeness and consideration for review by the appropriate approving authority.
[1]
Editor’s Note: Former § 100-163.2, Additional checklist requirements for applications for development property wholly or partially within the Highlands Preservation or Planning Area, added 9-20-2011 by Ord. No. 2011-15, was repealed 11-8-2017 by Ord. No. 2017-12. See now Ch. 101, Highlands Land Use.
Approval of a minor subdivision shall be granted
by the approving authority as follows:
A.
The following shall be required prior to approval
of a minor subdivision:
[Amended 12-30-1980 by Ord. No. 80-25]
(1)
The applicant shall have submitted at least
three weeks prior to the meeting of the approving authority 12 black-on-white
copies of the sketch plat and one completed copy of the sketch plat
check list, together with three completed copies of the minor subdivision
approval application form, a complete application for classification
of the proposed development (including any additional documents required
in connection therewith) and the required fee for application for
classification and for minor subdivision approval. Copies of the sketch
plat submitted with application for classification may be counted
toward the number of sketch plat copies required for application for
minor subdivision.
(2)
The development shall have been classified as
a minor subdivision by the approving authority following the submission
of a completed application for classification to it. Such classification
shall be made by the approving authority at or prior to the time minor
subdivision approval is granted.
(3)
The approving authority shall have determined
that the proposed subdivision meets the requirements of this Part
2 and the definition herein of a "minor subdivision."
B.
The approving authority shall review the submission
for minor subdivision approval for its completeness and take action
on accepting or rejecting the submission as a complete application
for minor subdivision approval following the three-week review period
and within 45 days of the submission. Since a complete application
for classification is part of the application for minor subdivision
approval, no submission shall be deemed complete without a completed
application for classification having been submitted to the approving
authority. If incomplete, the application shall be rejected, and the
approving authority shall state its reason for such rejection. If
complete, the approving authority is authorized to waive notice and
public hearing on the application for approval and shall approve or
deny the application or approve it conditionally on terms ensuring
the provision of improvements required by this Part 2. Approval as
a minor subdivision shall be deemed final approval of the subdivision,
provided that the approving authority may condition such approval
upon terms ensuring the provision of improvements as stated above.
[Amended 12-30-1980 by Ord. No. 80-25]
C.
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law[1] or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Recording Officer, the Township
Engineer and the Township Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the approving authority (or the Vice Chairman or Assistant Secretary
in their absence, respectively). All conditions upon which approval
is granted shall be adequately noted on the plat or described in the
deed prior to signing by such approving authority officials. In reviewing
the application for development for a proposed minor subdivision,
the approving authority may accept a plat not in conformity with the
Map Filing Law, provided that if the developer chooses to file the
minor subdivision plat as provided herein rather than record a deed
therefor, such plat shall conform to the provisions of said Act.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
D.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded.
With respect to all proposed development requiring
subdivision (other than minor subdivision) or site plan approval hereunder,
the following shall apply:
A.
Preliminary approval. Preliminary subdivision and/or
site plan approval shall be obtained at or prior to the time final
subdivision and/or site plan approval is obtained, as follows:
(1)
The applicant shall, at least three weeks prior to the meeting of the approving authority at which preliminary approval is sought, have submitted to the Secretary thereof 12 black-on-white copies of the preliminary subdivision and/or site plan plat conforming to § 100-168, Plat design standards for subdivision and site plan approval, of this article, three completed copies of the application form for preliminary approval, one completed copy of the preliminary plat check list, two completed copies of the County Planning Board application form, three copies of any protective covenants deed restrictions and easements applying to the development, three copies of drainage calculations and soil erosion and sediment control plan where required hereunder and the applicable fee, as well as a complete application for classification of the proposed development (including any additional documents required in connection therewith), and the required fee for application for classification.
[Amended 12-30-1980 by Ord. No. 80-25]
(2)
The proposed development shall have been classified
as the type of development requiring site plan or major subdivision
review procedure by the approving authority following the submission
of a completed application for classification. Such classification
shall have been made at or prior to the time preliminary subdivision
or site plan approval is granted.
(3)
The approving authority shall review the submission
for preliminary approval for its completeness and take action on accepting
or rejecting the submission as a complete application for such approval
following the two-week period and within 45 days of the submission.
Since a complete application for classification is part of the application
for preliminary approval, no submission shall be deemed complete without
a complete application for classification having been submitted to
the approving authority. If incomplete, the application shall be rejected,
and the approving authority shall state its reason for such rejection,
and the approving authority or its Secretary shall notify the developer
in writing of the deficiencies in the application within 45 days of
the submission of such application, or it shall be deemed to be properly
submitted. If accepted as a complete application for preliminary approval,
a public hearing date shall be set and notice given as required by
this Part 2, unless the proposed development involves only a minor
site plan, in which case public hearing and notice shall not be required.
[Amended 4-15-1980 by Ord. No. 80-6]
(4)
Upon submission of a preliminary plat and before
approval of such plat, the approving authority Secretary shall submit
one copy of the plat and supporting data to the County Planning Board,
Township Environmental Commission, Municipal Engineer and any other
agency or person as directed by the approving authority for their
review and action. Each shall have 30 days from receipt of the plat
to report to the approving authority. Any such report shall state
the reasons for any unfavorable recommendation. The preliminary approval
application shall not be delayed because any agency or person fails
to report to the approving authority within the thirty-day period.
However, upon mutual agreement between the County Planning Board and
the approving authority, with approval of the applicant, the thirty-day
period for a County Planning Board report may be extended for an additional
period of time, and any extension shall so extend the time within
which the approving authority is required to act.
(5)
If the approving authority required any substantial
amendment in the layout of improvements in either a site plan or subdivision
proposed by the developer that has been the subject of a hearing,
an amended application for development shall be submitted and proceeded
upon, as in the case of the original application for development.
(6)
If the submission to the approving authority
is complete, following the required hearing, the approving authority
may approve, disapprove or approve with conditions the application
for preliminary approval. If the approving authority grants preliminary
approval, its Chairman and Secretary (or other Vice Chairman or Assistant
Secretary in their absence, respectively) and the Township Engineer
shall sign the plat indicating the approval.
B.
Preliminary approval rights. Preliminary approval shall, except as provided in Subsection B(4) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
The general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks; lot size, yard dimensions and off-tract improvements;
any requirements peculiar to site plan approval, except that nothing
herein shall be construed to prevent the Township from modifying by
ordinance such general terms and conditions of preliminary approval
as relate to the public health and safety.
(2)
The applicant may submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary plat.
(3)
The applicant may apply for and the approving
authority may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
(4)
In the case of a subdivision of or site plan for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
C.
Final approval. Final subdivision or site plan approval
shall not be granted until or after the grant of preliminary approval
for a proposed development. Final subdivision and/or site plan approval
shall be obtained as follows:
(1)
The applicant shall, at least three weeks prior
to the meeting of the approving authority at which final approval
is sought, have submitted to the Secretary thereof 12 black-on-white
paper prints of the final plats, three completed copies of the final
plat application form, two completed copies of the County Planning
Board application form, any required performance guaranty and maintenance
guaranty and the applicable fee. One Mylar and two cloth prints of
any final plat which is to be filed with the County Recording Officer
shall also be submitted at least by the meeting at which final approval
is granted.
[Amended 12-30-1980 by Ord. No. 80-25]
(2)
As to any utilities proposed or required for
the development for which final approval is sought, the final plat
shall be accompanied by letters directed to the Chairman of the approving
authority and signed by a responsible officer of the water and sewer
company or authority and utility which provides gas, telephone and
electricity that has jurisdiction in the area. Such letters shall
approve each proposed utility installation design and state who will
construct the facility.
(3)
The final plat shall be accompanied by a statement
by the Municipal Engineer that he is in receipt of a map showing all
utilities and other improvements (both in the development and off-tract
improvements) in exact location and elevation; that he has examined
the drainage, erosion, stormwater control and excavation plans and
identifying those portions of any improvements already installed;
and that the developer has either:
(a)
Installed all improvements in accordance with
the requirements of this Part 2 and the preliminary plat approval
and posted a maintenance guaranty with the final plat; or
(b)
Posted a performance guaranty in accordance
with this Part 2 and the preliminary plat approval for all partially
completed improvements or improvements not yet initiated and posted
a maintenance guaranty. Any necessary performance and maintenance
guaranty shall be approved by the proper Township officials prior
to final approval.
(4)
The approving authority shall grant final approval
if the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this Part
2 for final approval, the conditions of preliminary approval and,
in the case of a major subdivision, the standards prescribed by the
Map Filing Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(5)
An approved final plat shall be signed by the
Chairman and Secretary of the approving authority (or the Vice Chairman
or Assistant Secretary in their absence, respectively).
D.
Final approval rights.
(1)
As provided by N.J.S.A. 40:55D-52, the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-37, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of a major subdivision the rights conferred by N.J.S.A. 40:55D-52 shall expire if the plat has not been duly recorded as hereinafter provided. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as provided below, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. The granting of final approval terminates the time period of preliminary approval under Subsection B hereof for the section of the development granted final approval.
(2)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan of 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the approving authority may grant the rights referred to in Subsection D(1) above for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply thereafter and the approving authority may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
[Amended 9-15-1987 by Ord. No. 1987-8]
(3)
Final approval of a major subdivision shall
expire 95 days from the date of signing of the plat unless within
such period the plat shall have been duly filed by the developer with
the County Recording Officer. The approving authority may for good
cause shown extend the period for recording for an additional period
not to exceed 190 days from the date of signing of the plat. No subdivision
plat shall be accepted for filing by the County Recording Officer
until it has been approved by the approving authority as indicated
on the instrument by the signature of the Chairman and Secretary of
the approving authority or a certificate has been issued as to the
failure of the approving authority to act within the required time.
The signatures of the Chairman and Secretary shall not be fixed until
the developer has posted the required guaranties.
A.
Conditional use approval shall be obtained under the provisions of this Part 2, particularly the provisions of § 100-54, entitled "Conditional uses," and as provided by any rules and regulations adopted by the approving authority which are consistent with this Part 2 and the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Variances and directions for issuance of a permit
for a building or structure in the bed of a mapped street, public
drainageway, flood control basin or reserved public area or not related
to a street shall be obtained under the provisions of this Part 2
and as provided by any rules and regulations adopted by the approving
authority which are consistent with this Part 2 and the Municipal
Land Use Law.
C.
Variances in Flood Hazard District.
[Added 3-3-1981 by Ord. No. 81-4]
(1)
In reviewing applications for variances from the provisions of Article XII of Part 1, Zoning, or from any provisions of this Part 2 applicable to development in the FL Flood Hazard District, the approving authority shall, to the extent they are consistent with the standards set forth in the Municipal Land Use Law,[2] consider the following:
(a)
All technical evaluations, all relevant factors, standards specified in other sections of this Part 2 and in Article XII of Part 1, Zoning, and:
[1]
The danger that materials may be swept onto
other lands to the injury of others.
[2]
The danger to life and property due to flooding
or erosion damage.
[3]
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner.
[4]
The importance of the services provided by the
proposed facility to the community.
[5]
The necessity to the facility of a waterfront
location, where applicable.
[6]
The availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage.
[7]
The compatibility of the proposed use with existing
and anticipated development.
[8]
The relationship of the proposed use to the
floodplain management program of that area.
[9]
The safety of access to the lot in times of
flood of ordinary and emergency vehicles.
[10]
The expected heights, velocity,
duration, rate of rise and sediment transport of the floodwaters and
the effects of wave action, if applicable, expected at the site.
[11]
The costs of providing governmental
services during and after flood conditions, including maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical and water systems and streets and bridges.
(b)
Generally, the technical criteria set forth in Subsection C(1)(a)[1] through [10] are more readily satisfied, provided that they have been fully considered, on applications for new construction and substantial improvements to be erected on an existing lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases beyond 1/2 acre, such items are generally more critical.
(c)
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the New Jersey Register of Historic Places, without regard to the procedures set forth in the remainder of this Subsection C.
(d)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(e)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Any applicant to whom a variance from the requirements of Article XII of Part 1, Zoning, is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
A.
An approving authority shall grant or deny an application
for development of the types referred to below within the number of
days specified following the submission to the proper official of
the approving authority of a complete application or applications
for such development:
(1)
Where the Planning Board is the approving authority:
(a)
As to an application for minor subdivision approval,
45 days.
(b)
As to a preliminary major subdivision application
for 10 or fewer lots, 45 days.
(c)
As to a preliminary major subdivision application
for more than 10 lots, 95 days.
(d)
As to a preliminary site plan application for
10 acres of land or less and 10 dwelling units or less, 45 days.
[Amended 4-15-1980 by Ord. No. 80-6]
(e)
As to a preliminary site plan application for
more than 10 acres or more than 10 dwelling units, 95 days.
[Amended 4-15-1980 by Ord. No. 80-6]
(f)
As to an application for final major subdivision
or final site plan approval, 45 days.
(g)
As to application for a conditional use permit,
95 days.
(h)
Combined and separate applications.
[Amended 9-15-1987 by Ord. No. 1987-8]
[1]
As to combined applications:
[a]
For a conditional use permit and
site plan approval, 95 days.
[b]
For subdivision approval and/or
conditional use permit and/or site plan approval, the longest period
of time for action by the Planning Board, whether it be for subdivision,
conditional use or site plan approval.
[c]
For subdivision, site plan or conditional
use approval and zoning variance(s) or direction pursuant to N.J.S.A.
40:55D-60b or c, 120 days.
[2]
In the event that the developer elects to submit
separate consecutive applications, the aforesaid provision shall apply
to the application for approval of the variance or direction for issuance
of a permit. The period for granting or denying and subsequent approval
shall be as otherwise provided in this Part 2.
(2)
Where the Board of Adjustment is the approving
authority, as to an appeal from the decision of an administrative
officer, an application for subdivision, site plan, conditional use
permit or variance or for direction pursuant to N.J.S.A. 40:55D-76a,
or a combination of these, 120 days.
B.
Notwithstanding the foregoing, the applicant may consent to further time within which decision of an application may be rendered, in which case decision on the application shall be rendered within such additional time. Furthermore, conditional approval may be given an application pursuant to the provisions of § 100-148, entitled "Conditional approval."
C.
Failure of the approving authority to act within the
time period prescribed above, including further time consented to
by the applicant:
(1)
In the case of subdivision or conditional use
application, shall constitute subdivision approval of the sort applied
for, or conditional use approval, as the case may be, in the case
of a minor subdivision, final major subdivision or conditional use
application, a certificate of the Secretary of the approving authority
as to the failure of the approving authority to act shall be sufficient
in lieu of the written endorsement or other evidence of approval required
by the Municipal Land Use Law[1] and shall be so accepted by the County Recording Officer
for purposes of filing subdivision plats.
[1]
Editor's Note: See N.J.S.A. 40:55D-l et seq.
(2)
In the case of applications for variances, appeals
to the Board of Adjustment from the decision of an administrative
officer or requests shall for direction pursuant to N.J.S.A. 40:55D-60b
or c of N.J.S.A. 40:55D-76c shall constitute a decision favorable
to the applicant.
A.
Plat conformity. No application for subdivision or
site plan approval shall be accepted unless in plat form. Those aspects
of the preparation of a plat (except a sketch plat submitted for classification
only) which involve the practice of land surveying as defined by N.J.S.A.
45:8[1] shall be performed and certified by a New Jersey licensed land surveyor and which involve the design or streets, utilities and other engineering practice as defined by such statute shall be designed and certified by a New Jersey licensed professional engineer. Plats submitted to the approving authority should be folded with the title side out. Plat design shall conform to Article XXIII. Where soil permeability tests and results are part of the plat requirement, such tests shall be made pursuant to Chapter 200, Sewage Disposal Systems, Individual, of this Code by a licensed professional engineer or other person qualified to make such tests under state regulations and the result noted on the plat. At least 48 hours' notice shall be given to the Secretary of the approving authority of the performance of such tests, the notice to specify the time and the lot where the tests will be performed. Reports shall also be furnished to the approving authority indicating the results of each test, the date of the test, the type or types of soil encountered, together with the thickness of each layer, and all other features affecting test results. The approving authority may require additional tests if the required notice of performance of such tests has not been given or the tests have not been performed as specified in the notice. The approving authority may also require that the tests be conducted in the presence of the Township Engineer or other person designated by the Township Engineer and shall also have the right to engage the Township Engineer or other person qualified under state regulations to make such tests to perform additional tests on the lot if it feels such additional information is necessary. The approving authority may waive the requirements for such tests where the sanitary sewage disposal system of any structure which is or may be erected on said lot having such system would be required to be connected to a public system of sanitary sewers.
[Amended 10-5-1993 by Ord. No. 1993-12]
[1]
Editor's Note: See N.J.S.A. 45:8-27 et seq.
B.
Subdivision sketch plat. The sketch plat for a proposed
subdivision submitted for classification shall be based on Tax Map
information or some other similarly accurate base and shall be of
sufficient accuracy to be used for classification purposes. When the
sketch plat is submitted for approval as a minor subdivision, the
plat shall be based on an actual survey prepared by a land surveyor
licensed in the State of New Jersey and shall have his seal affixed
thereto and shall be drawn at a scale of not less than 200 feet to
the inch and shall be of such size as to comply with the Map Filing
Law.[2] All sketch plats shall show or include the following information:
[Amended 10-5-1993 by Ord. No. 1993-12]
(1)
The location of that portion which is to be
subdivided in relation to the entire tract.
(2)
All existing structures and wooded areas within
the portion to be subdivided and within 200 feet thereof.
(3)
The name of the owner and of all adjoining property
owners, including those across any abutting street, as disclosed by
the most recent Township tax records.
(4)
The Tax Map sheet, block and lot numbers, if
there is a Tax Map.
(5)
All streets or roads, drainage rights-of-way
and streams within 400 feet of the subdivision.
(6)
The official name of the street on which the
property is situated.
(7)
When submitted for minor subdivision approval,
bearings and distances on all lines of the parcel or parcels to be
subdivided.
(8)
Area, either in acres, and if submitted for
approval purposes to the nearest 0.01 of an acre, or in square feet.
(9)
If more than one lot is proposed or if lots
have been subdivided previously on the same property, each lot shall
be shown and designated by number, letter or other identification.
(10)
The zoning district in which the property is
situated and, if the proposed subdivision is within more than one
district, the most accurate information available as to the measurements
within each district.
(11)
When the subdivision is submitted for approval as a minor subdivision, the location and results of soil permeability tests which meet Township standards (as required by Chapter 200, Sewage Disposal Systems, Individual, of this Code for construction of an individual sewage disposal system); results of tests not meeting such standards shall also be disclosed. The location of all soil profile pits, soil borings and permeability tests shall be accurately dimensioned to existing and proposed lot lines, and shall be based on field measurements. The locations of soil profile pits and soil borings shall be marked in the field as required by § 200-1 of this Code.
(12)
Delineation of all flood hazard areas and designation
of the same as such.
(13)
Contours as shown on United States Geological
survey topographic maps.
(14)
A key or vicinity map showing at least one street
intersection and north arrow.
(15)
Building setback lines for all parcels to be
subdivided.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
C.
Preliminary subdivision plat.
[Amended 9-15-1987 by Ord. No. 1987-8; 10-5-1993 by Ord. No.
1993-12]
(1)
The preliminary subdivision plat shall be designed,
drawn and signed by a professional person who is duly licensed by
the State Board of Professional Engineers and Land Surveyors in accordance
with N.J.S.A. 45:8[3]. The preliminary plat and any engineering documents to
be submitted may be in tentative form for discussion purposes for
preliminary approval.
[3]
Editor's Note: See N.J.S.A. 45:8-27 et seq.
(2)
The preliminary plat shall be clearly and legibly
drawn at a scale of not less than one inch equals 100 feet and shall
be shown or be accompanied by the following information:
(a)
A key map showing the entire subdivision and
its relation to the surrounding areas, a scale of one inch equals
400 feet is recommended.
(c)
The date of each plan sheet and of each subsequent
revision.
(d)
The subdivision boundary line in heavy solid
line and acreage of entire tract to be subdivided to the nearest 0.1
of an acre.
(e)
The zoning district in which subdivision is
situated.
(f)
The total number of proposed lots.
(g)
The number for each block and lot and, when
a Tax Map is adopted, the Tax Map sheet number. Prior to submission
of a preliminary plat to the approving authority, the subdivider shall
furnish the Township Assessor with two black and white prints of the
plat, upon which the Assessor will designate the appropriate block
and lot numbers.
(h)
The location of existing and proposed lot lines,
and buildings and other structures located on the tract and within
200 feet of its boundaries, setback lines, streets, high power lines,
gas, petroleum and other transmission lines, railroads, bridges, culverts,
drain pipes and any natural features such as wooded area and rock
formations, to the proper scale, width and direction of all streams,
brooks, drainage structures and drainage ditches on the tract and
within 200 feet of its boundaries.
(i)
Sufficient elevations and contours at five-foot
vertical intervals for slopes averaging 10% or greater and at two-foot
vertical intervals for land of lesser slope, to determine the general
slope and drainage on the land and the high and low points.
(j)
Copies of any protective covenants or deed restrictions
applying to the land being subdivided.
(k)
The location of any recorded right-of-way or
easement on the subdivision or within 200 feet of its boundaries,
with identification of such easement.
(l)
If the approving authority acts favorably on
a preliminary plat, the Chairman of the approving authority shall
affix his signature to the plat with a notation that it has received
preliminary approval, and that the plat is returned to the subdivider
for compliance with final approval requirements.
(m)
The location of marshes, ponds, streams and
land subject to periodic or occasional flooding or similar condition
on the tract and within 200 feet of its boundaries; flood hazard areas
as defined herein and source of information as to such.
(n)
All required design data supporting the adequacy
of existing and proposed facilities, including a copy of drainage
computations, together with a marked up plan showing the associated
and contributing watershed.
(o)
The location and results of soil permeability tests which meet Township standards (as required by Chapter 200, Sewage Disposal Systems, Individual, of this Code for construction of an individual sewage disposal system); results of tests not meeting such standards shall also be disclosed. The location of all soil profile pits, soil borings, and permeability tests shall be accurately dimensioned to existing and proposed property lines and based upon field measurements. The locations of soil profile pits and soil borings shall be marked in the field as required by § 200-1 of this Code.
(p)
Shade tree planting plan.
(3)
The design of the preliminary plat shall comply with the provisions of this article and shall show the improvements required by Article XXIII of this Part 2. In addition it shall include the following:
[Amended 9-2-2008 by Ord. No. 2008-16]
(a)
All streets and turnabouts to be constructed on the tract, including
location, proposed street names, widths of rights-of-way and widths
of paving.
(b)
Plans, profiles and cross sections of proposed streets.
[1]
Plans, profiles, and cross sections of proposed streets and
proposed connections with existing or future continuing streets. Plans
and profiles shall be drawn at a scale of one inch equals not more
than 50 feet horizontal and one inch equals not more than five feet
vertical.
[2]
The cross sections shall clearly indicate the width of pavement,
location of curb and sidewalks, if any, tree planting strips, maximum
slope of embankments, swales and berms. Cross sections shall be shown
at each fifty-foot station except when otherwise approved by the Township
Engineer. When, in the opinion of the Township Engineer, the cross-section
interval is too great to accurately represent changes in the shape
of the ground surface, additional cross sections shall be shown. Cross
sections shall be drawn to a scale of one inch to five feet. Each
cross section shall show a minimum of 10 feet outside the excavated
or filled width, but not less than the width of the right-of-way.
Each section shall show the existing surface based on a cross-section
survey, the proposed excavation and fill, limits of clearing, the
amount of cut and fill in square feet, stripping in cut and fill in
linear feet, and topsoiling in linear feet.
(c)
The total quantity of excavation and the total quantity of fill
for the entire project site shall be shown on the plans. A cut and
fill balance calculation shall be submitted and certified by the design
engineer. Cut and fill balance calculations shall account for stripping
in cut areas, stripping in fill areas, and topsoiling in cut areas
and in fill areas. Calculations may be based upon cross sections,
in which case a copy of the cross sections and the calculations shall
be submitted for review; or may be based upon a digital terrain model,
in which case a copy of the digital data shall be submitted.
(d)
The chord bearings, distances, arc lengths and radii of all
curves along all streets shall be shown.
(e)
Lot layout showing the lines and dimensions to the nearest foot,
the street frontage of each lot in feet and dashed or dotted lines
showing the front, side and rear setbacks and acreage of each lot.
D.
Final subdivision plat.
(1)
The final plat shall be drawn in ink on tracing
cloth at a scale of not less than one inch equals 100 feet and in
compliance with all the provisions of the Map Filing Law.[4] One copy of the final plat reproduced to a scale of one
inch equals 400 feet shall be submitted to the Township Engineer.
[4]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
The final plat shall show or be accompanied
by all of the information herein required for a preliminary plat and
shall also show or be accompanied by:
(a)
The date, name and key map of the subdivision,
name of owner, scale, graphic scale and reference meridian.
(b)
The tract boundary lines, rights-of-way, land
to be reserved or dedicated to public use, all lot lines with accurate
dimensions, bearings, distances, arc lengths, central angles, tangents
and radii of all curves and areas of each lot in square feet.
(c)
The purpose of any easement or land reserved
or dedicated for any use indicated and the proposed use of sites other
than residential noted.
(d)
All block, lot and house numbers approved by
the Township Engineer and the Tax Assessor and related to existing
block and lot numbers as shown on the Official Tax Map of the Township.
(e)
The location and description of all monuments.
(f)
Certification that the applicant is agent or
owner of the land, or that the owner has given consent to file said
map.
(g)
When approval of a plat is required by any officer
or body, whether municipal, county or state, approval certified on
the plat.
(h)
The following certification appearing on the
final plat:
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I hereby certify that this map and the survey
have been made under my immediate supervision and comply with the
provisions of the Map Filing Law. (Include the following if applicable.)
I do further certify that the monuments as designed and shown hereon
have been set.
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Licensed Land Surveyor (Affix Seal)
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Date | ||
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(If monuments are to be set at a later date,
the following endorsement shall be shown on the map.) I certify that
a bond has been given to the Township of Holland guaranteeing the
future setting of the monuments shown on this map and so designated.
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I hereby certify that all of the requirements
of the Holland Township Board of Health have been complied with.
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I have carefully examined this map and find
it conforms to the provisions of the Map Filing Law and the municipal
ordinances and requirements applicable thereto.
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This application No. _____ is approved by the
Holland Township (Planning Board or Board of Adjustment).
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(i)
An affidavit signed and sworn to by the applicant
that the final plat is drawn and presented exactly the same as the
preliminary plat approved by the approving authority and if there
be any changes, all changes shall be set forth in the affidavit as
exceptions to the general statement. Said affidavit shall be submitted
in an original and two copies.
(j)
Any changes or modifications required by the
approving authority as a condition to approval of the preliminary
plat and any clarification or correction of the accuracy and description
of physical data made possible through the acquisition of additional
information.
(l)
Certificate from the appropriate Township official
that no real estate taxes or assessments for local improvements are
delinquent.
(m)
Certification that either the required improvements
have been installed or a performance guaranty has been filed. If improvements
have been installed, certification that the maintenance guaranty required
by this Part 2 has been filed.
E.
Site plan sketch plat for classification. A site plan
sketch plat for classification shall include the same data as required
for a subdivision sketch plat for classification except that the graphic
scale shall be of one inch equals 100 feet or less. With the application
for classification, there shall be submitted, at least in brief and,
where applicable, in scaled sketch form, preliminary information called
for in the appropriate preliminary site plan plat.
F.
Preliminary site plan plat required in IND Zoning District. Every preliminary site plan plat required under § 100-35 of Part 1, Zoning, shall be prepared and contain information in conformity with § 100-35C, D and E and, where applicable, § 100-35H and I of said Part 1, Zoning. Preliminary plat engineering documents to be submitted may be in tentative form for discussion purposes only for preliminary approval. Notwithstanding references in said § 100-35C, D, E and H to the Planning Board, submission of the preliminary site plan plat required under this subsection shall be to the Board of Adjustment where that Board is the approving authority hereunder.
[Amended 12-30-1981 by Ord. No. 81-4; 4-21-1993 by Ord. No. 1993-4]
G.
Preliminary site plan required in MFR of COM Zoning District. Every preliminary site plan plat required under § 100-73 or 100-91 of Part 1, Zoning, shall be prepared and contain information in conformity with § 100-73C, D, E and F and, where applicable, § 100-73H and I of said Part 1, Zoning. Preliminary plat engineering documents to be submitted may be in tentative form for discussion purposes only for preliminary approval. Notwithstanding references in said §§ 100-73 and 100-91 to the Planning Board, submission of the preliminary site plan plat required under this subsection shall be to the Board of Adjustment where that Board is the approving authority hereunder.
[Amended 12-30-1981 by Ord. No. 81-24]
H.
Preliminary site plan plat required in the R-1 and R-5 Residential Districts. Every preliminary site plan plat required under § 100-73, 100-91 or 100-154 of Part 1, Zoning, shall be prepared and contain information in conformity with § 100-73, 100-91 or 100-154 of such Part 1, Zoning, as the case may be. Preliminary engineering documents to be submitted may be in tentative form for discussion purposes only for preliminary approval. Notwithstanding references in said §§ 100-73, 100-91 and 100-154 to the Planning Board, submission of the preliminary site plan plat required under this subsection shall be to the Board of Adjustment where that Board is the approving authority hereunder.
[Amended 4-4-1984 by Ord. No. 84-3[6]]
I.
Final site plan plat.
(1)
The final site plan plat shall include all data
required on the preliminary site plan plat drawn to incorporate all
changes required as a condition of preliminary approval and drawn
by persons and to specifications as required for a preliminary plat.
Legal documentation to support the granting of all easements over
adjoining property shall be provided.
[Added 11-20-2007 by Ord. No. 2007-15]
A.
Purpose. The purpose of the environmental impact assessment
is to provide a tool that will allow the approving authority to predetermine
the potential impacts of a proposed development on the physical environment,
particularly as to surface and groundwater quality and quantity, drainage,
soil erosion, vegetation, scenic resources and ambient light levels.
The focus of the environmental impact assessment shall be on the identification
of the potential adverse impacts of the development so that they can
be ameliorated by design modifications. To that end, the applicant
is urged to gather available data regarding the site's physical characteristics
and constraints and to prepare a preliminary environmental impact
assessment consisting of the Phase I information identified in this
section before presenting a concept plan for informal review rather
than after the preparation of the preliminary plat or plan.
B.
Applicability.
(1)
An environmental impact assessment (EIA) shall
be prepared pursuant to this section and shall be submitted for review
and approval to the approving authority in each of the following instances:
(a)
With and as part of an application for major
subdivision approval; or
(b)
With and as part of an application for major
site plan approval involving the creation of more than five dwelling
units, or more than 20,000 square feet of nonresidential floor area,
or more than 20 new parking spaces (whether paved or unpaved), or
more than 20,000 square feet of total additional impervious surface
coverage on a site; or
(c)
With and as part of any application for a subdivision
or site plan requiring a variance pursuant to N.J.S.A. 40:55D-70d(1)
(use variance), N.J.S.A. 40:55D-70d(2) (expansion of a nonconforming
use), N.J.S.A. 40:55D-70d(5) (an increase in permitted density), and
N.J.S.A. 40:55D-70c where a variance regarding impervious coverage
is sought.
(2)
The requirements for the environmental impact assessment have been divided into Phase I requirements and Phase II requirements. The Phase I environmental impact assessment requirements may (and are urged to) be submitted at the concept plan review stage. The additional Phase II requirements shall be submitted as part of the complete application for any of the approvals listed in Subsection B(1) above.
(3)
The data required for a Phase I submission is
readily available through published sources and in GIS format. The
purpose of the Phase I submission is to enable the applicant and the
approving authority to have a general understanding of the site's
physical characteristics and constraints before the applicant prepares
the concept plan and before the approving authority undertakes its
informal review of the concept plan rather than waiting until after
the preparation of the preliminary plat or plan. The level of detail
required for the Phase I environmental impact assessment shall be
appropriate to the scope of the proposed development and the specific
nature of the impacts anticipated.
C.
Review by Environmental Commission. Copies of all
Phase I and Phase II environmental impact assessments required in
connection with an application for development made to the approving
authority shall be transmitted by the Board Secretary to the Township's
Environmental Commission for review and comment. The Environmental
Commission shall review the environmental impact assessment and submit
its findings and recommendations to the approving authority within
45 days of receipt by the Environmental Commission. Failure of the
Environmental Commission to submit a report within the forty-five-day
period shall not extend the statutory time period for action by the
approving authority. The report of the Environmental Commission shall
not be binding on the approving authority.
D.
Material to be covered in environmental impact assessment.
An environmental impact assessment shall be organized as follows:
(1)
Inventory of existing environmental conditions
(to be accompanied by an environmental constraints map or maps).
(2)
Description of proposed development (to be accompanied
by a plan or plat at the same scale as the environmental constraints
map or maps).
(3)
Assessment of anticipated project impacts.
(4)
Analysis of design alternatives.
(5)
List of required permits and other agency approvals.
(6)
Bibliography, sources.
E.
Inventory of existing environmental conditions. An
inventory shall be presented of existing environmental conditions
on the site proposed for development and in off-site areas likely
to be impacted by the development. Such inventory shall be specific
to the property under review. The contents of the inventory shall
include the information set forth below. At the concept plan review
stage, the preliminary environmental impact assessment need only contain
the information identified as Phase I. When the final environmental
impact assessment is prepared as part of the submission of an application
for preliminary site plan or subdivision approval, all of the information
for Phase I and Phase II shall be included.
(1)
Phase I requirements.
(a)
Site description. A description of the property
and the area surrounding it within a radius of 0.5 mile shall be provided,
with appropriate mapping, which shall consist of an aerial photograph
(available in GIS format); the description shall include an identification
of the existing land uses on the property proposed for development
and in the surrounding area.
(b)
Scenic resources. A photographic analysis of
views to the property from the nearest surrounding roadways in all
directions shall be provided. The photographic analysis shall be accompanied
by a review and report of relevant findings contained in any scenic
resources section of the background studies presented in the Township
Master Plan and/or in any conservation plan element of the Township
Master Plan as to whether the site has been determined to comprise
or to contribute to a scenic resource that may require special attention
to the siting of buildings and other improvements and/or caution in
the removal of vegetation or disturbance of other site features so
as to avoid the irretrievable loss of a nonrenewable scenic resource.
(c)
Geology. Surficial and bedrock geology shall
be described according to the most recent information from the New
Jersey State Geologist and other published and recognized sources.
In particular, groundwater recharge areas, aquifers and reported groundwater
availability in the underlying formation shall be included in tabular
form and shown on a map of the site. An illustration of the tabular
format with sample information is given below.[1]
[1]
Editor's Note: The sample table is included at the end of this chapter.
(d)
Soils. Soils found on the site shall be described
using the nomenclature and classifications developed by the Natural
Resources Conservation Service, United States Department of Agriculture.
The descriptions shall be referenced to the Hunterdon County Soil
Survey and the Holland Township Natural Resources Inventory. The environmental
constraints map or maps shall delineate the soil survey soils mapping
for the property. If the development proposes the use of on-site sewage
disposal systems, then areas with soils characterized in the soil
survey as having severe limitations for the disposal of sewage effluent
on site shall be identified on the environmental constraints map(s).
Limitations of the soils for community development and, especially,
for the disposal of sewage effluent shall also be presented in tabular
form. An example of the desired tabular format with sample information
is given below.[2]
[2]
Editor's Note: The sample table is included at the end of this chapter.
(e)
Topography. The locations of all slopes designated
by the following categories: slopes of 10% to less than 15%; slopes
of 15% to less than 20%; slopes of 20% to less than 30%; and slopes
of 30% or greater. These slope categories shall be identified on the
environmental constraints map or maps and described in the report.
(f)
Surficial hydrology and surface water quality.
[1]
All man-made and naturally occurring
water bodies, including lakes, ponds, wetlands, springs, seeps and
perennial and intermittent streams, located on the site and within
200 feet thereof shall be identified on the environmental constraints
map or maps and described in the report. The description shall include
the area of the drainage basin tributary to each water body on the
site; the source(s) of water to each water body on the site; the surface
water quality classification of the water body pursuant to N.J.A.C.
7:9B; and the relationship of each water body on the site to the minor
and major drainage basin in which it is located.
[2]
If any floodplains, as regulated
by the New Jersey Department of Environmental Protection (NJDEP) pursuant
to N.J.A.C. 7:13-1 et seq., the Flood Hazard Control Act Rules, exist
on the site or within 200 feet thereof, they shall be delineated on
the environmental constraints map or maps. Applicable stream corridor
protection areas pursuant to N.J.A.C. 7:8-1 et seq. shall also be
shown on the environmental constraints map or maps.
[3]
If any wetlands, as regulated by
the NJDEP pursuant to N.J.A.C. 7:7A-1 et seq., the Freshwater Wetlands
Protection Act Rules, exist on the site or within 200 feet thereof,
they shall be described in terms of their resource protection value
and delineated on the environmental constraints map or maps along
with the appropriate wetlands transition areas, and a copy of any
letter of interpretation (LOI) issued by the NJDEP shall be submitted
as part of the EIA.
(g)
Groundwater hydrology and groundwater quality.
[1]
Groundwater quality and quantity shall be documented by a search of Hunterdon County Department of Health and NJDEP well records for all wells within 500 feet of the subject property. These data shall be presented in tabular form, and the locations of each of the wells shall be identified on an area map. If any of these recorded wells has a history of contamination, the quality of the groundwater available to the site being developed shall be tested by the installation of a test well in conjunction with the Phase II requirements under Subsection E(2)(c). Under Phase II, the proposed water supply shall be analyzed by an NJDEP certified laboratory for the types of compound(s) reported in the nearby contaminated well and, in addition, shall be tested for pH, nitrates, phosphates, chlorides, fecal coliform, arsenic, cadmium, chromium, copper, iron, lead, zinc and mercury. In addition, any Hunterdon County Department of Health records of failed septic system(s) within 500 feet of the property shall be mapped and listed and the cause of the septic system failure shall be identified, if known. In addition to the descriptive text, a table presenting available water supply and water quality information shall be included, using the format presented below.[3]
[3]
Editor's Note: The sample table is included at the end of this chapter.
[2]
If the area for development is
proposed as water supply wells, provide the name of the geologic formation
to be utilized. In addition, provide information on existing wells
within 500 feet of the site, from existing sources such as the NJDEP,
relative to depth, capacity, water quality and recharge capabilities.
(h)
Flora and fauna.
[1]
An inventory of avian, terrestrial
and aquatic flora and fauna observed and/or typically associated with
the ecological conditions found on the property shall be included
in the report. The inventory of fauna shall include a listing of rare,
threatened or endangered species identified by the NJDEP Office of
Natural Heritage as having been reported on the property or within
the vicinity of the property. The inventory shall include observed
species, method of observation, other species not observed but probably
occurring on the site and reported occurrences of rare, threatened
and endangered species both on the site and within 200 feet thereof.
[2]
The inventory of flora shall include
a description of all vegetation communities and associations (including
those in wetlands) observed on the property. The locations and extent
of these vegetation communities and associations and of unique, rare
or imperiled plant species and/or critical breeding or feeding habitats
for rare, threatened and endangered fauna (per the NJDEP Natural Heritage
Program and/or per field analysis) on the site and within 200 feet
thereof shall be shown on the environmental constraints map or maps
or on a map drawn to the same scale. A description of the methodology
used to develop the inventory shall also be included.
[3]
The NJDEP Landscape Project Endangered
Species Habitat Ranks 2, 3, 4 and 5 files and the NJDEP Natural Heritage
Program Priority Sites files shall be inventoried for the property.
A description of the type of habitat utilized by any species identified
within the limits described above shall be provided, as well as the
identification of such habitat which is found on site.
(i)
Historical and archeological sites. Known historic
and archaeological sites listed on the New Jersey or National Register
of Historic Places pursuant to N.J.A.C. 7:4-2.3 occurring on the property
and within 200 feet of the property shall be mapped and listed. Sources
of information shall include the Holland Township Historic Preservation
Committee, the Hunterdon County Historical Society and the NJDEP Office
of Historic Preservation. The environmental constraints map or maps
shall depict the locations of all artifacts or structures indicative
of prior development or habitation and other items and areas of archaeological
interest on the site and within 200 feet thereof.
(j)
Unique or irreplaceable land types and scenic
resources. Identify any unique features of the property including
vernal pool habitats, ecological communities that are identified in
the Natural Heritage Database consistent with N.J.A.C. 7:38-3.12(a)
and (b), and any subsequent amendment thereto, any scenic resources
identified in the Holland Township Master Plan, or other unique features
such as caves, rock outcroppings and other geologic features.
(k)
Environmental constraints map(s); summary of
information required.
[1]
The following is a summary of the
information that is required to be shown on the environmental constraints
map or maps:
[a]
Existing topography at contour
intervals of two feet.
[b]
All state open waters, wetlands, and wetlands transition areas and natural and man-made water bodies of any kind as specified in Subsection E(1)(f) hereinabove.
[c]
Flood hazard areas and stream corridor
protection areas.
[d]
Areas of glacial sedimentary deposits
or calcareous bedrock geology.
[f]
Rock outcroppings and depths to
bedrock.
[g]
Depths to seasonal high-water table.
[h]
Forested areas.
[i]
Vegetation communities.
[j]
Locations and extent of critical
feeding and breeding habitats for rare, threatened and endangered
fauna.
[k]
Locations of all existing wells on the site and within 500 feet of the site in all directions and the locations of all septic systems on the site and within 200 feet thereof in all directions [as well as, pursuant to Subsection E(1)(g) hereinabove, the locations of all failed septic systems on the site and within 500 feet of the site in all directions]. The information may be gathered from county and state records.
[2]
The above information shall be
superimposed on a screened map of the preliminary subdivision plat
or site plan showing the proposed street and lot lines and/or the
development layout at a scale of not less than one inch equals 200
feet. The environmental constraints map(s) shall extend at least 500
feet beyond the property boundaries. The absence of one or more of
the natural features enumerated above shall be noted on the map(s).
(l)
Air quality. Provide the most recent quantitative
air quality data from the nearest state sampling station.
(m)
Noise. Describe the existing noise conditions
at the site, including sources.
(n)
Additional material and issues. Additional material
and issues not set forth in this section may be requested to be included
and addressed in the environmental impact assessment by the Planning
Board, Zoning Board of Adjustment or Environmental Commission to assist
in their reviews of the development application. Such request(s) shall
not render the application incomplete.
(2)
Additional requirements for Phase II. The following requirements are in addition to those required for the Phase I environmental impact assessment. If no Phase I environmental impact assessment has been submitted, all of the requirements for a Phase I environmental impact assessment in § 100-168.1E(1) above shall be included in addition to the following:
[Amended 8-5-2008 by Ord. No. 2008-10]
(a)
Soils. All soil logs performed on the site shall
be included in the EIA, and the location of each soil log shall be
identified and shown on the environmental constraints map or maps.
A minimum of one soil boring per three acres of site area shall be
performed to a depth of six feet and shall be located in the area
of any proposed disturbance. The location of the soil borings shall
be included on a plan of the site. Soil profile characteristics shall
be included on a plan of the site. Soil profile characteristics shall
be described using the standards set forth in N.J.A.C. 7:9A-5.2(g)
and 7:9A-5.3, and any subsequent amendment thereto. Specific note
shall be made in the text of the EIA wherever the attributes of the
soils actually found on the site deviate from the published data.
(b)
Water quality testing/sampling plan. The quality
of water in all surface water bodies that lie within 200 feet of the
site in question and that are either tributary to the site in question
or receive flows from the site in question shall be tested and described
with reference to the standards promulgated by the NJDEP at N.J.A.C.
7:9B et seq. The description shall include, in addition to the date,
time and weather conditions at the time of testing, an analysis by
an NJDEP certified laboratory of each of the following: temperature,
pH, dissolved oxygen, nitrates, phosphates, chlorides, fecal coliform,
arsenic, cadmium, chromium, copper, iron, lead, zinc and mercury.
These constituents shall be compared to the applicable NJDEP standards
for surface water quality. The purpose of the testing and description
is informational only. It is recognized that a single test is not
an adequate determinant of surface water quality, which varies throughout
the day and year. In addition to the foregoing, for any stream classified
as Trout Production Category 1 [TP(C-1)] at N.J.A.C. 7:9B that is
located on the site or that is located within 200 feet thereof and
accepts drainage from the site, the EIA shall include a proposed sampling
plan in order to monitor the water quality impacts of construction
activities on the site and of discharges from any proposed stormwater
detention basins. The sampling plan shall include sampling for both
benthic macroinvertebrates and fish to enable the Township to determine
the impacts on stream biota. The requirements for the water quality
sampling plan are as follows:
[1]
Sampling plan requirements.
[a]
The sampling plan shall identify
five biological sampling stations from which samples shall be taken
prior to the initiation of any construction activities and then annually
through the completion of the construction period. At least one of
the five sampling stations shall be located above the point of any
anticipated storm water discharge to the stream.
[b]
Sampling shall be conducted initially
and annually at each of the five stations for:
[c]
In addition to the five selected
biological sampling locations, if storm water will be discharged directly
into the stream from any proposed detention facilities, these discharges
shall also be sampled, and a chemical analysis shall be included in
the sampling plan. One additional sampling station shall be established
for each detention facility that will discharge directly into the
stream. The sampling station shall be located in the storm water detention
basin itself, or, if the detention basin is not operational at the
time of a particular sampling event, the data shall be collected in
the stream at the proposed point of discharge.
[d]
The chemical sampling, if applicable,
shall be undertaken at each of the five biological sampling stations
as well as at each additional sampling station and shall encompass
the following parameters, which shall be analyzed in addition to the
in situ parameters previously identified:
[e]
The above-described chemical sampling
shall be conducted for a total of 10 storm events occurring during
and after construction. Sampling shall be timed so as to collect the
initial flush of storm water to the stream.
[2]
Sampling plan reporting and review
procedures.
[a]
At the completion of each sampling
event, copies of the data and a brief summary report shall be forwarded
to the approving authority and to the Environmental Commission for
review. The summary report shall include the laboratory analysis and
a comparison of the results with the data from the upstream reference
station and with applicable surface water quality standards. At the
completion of the entire study, a comprehensive report shall be prepared
presenting the results and analyses of each of the sampling events,
evaluating them for compliance with NJDEP antidegradation policies
and proposing ways to mitigate any areas of noncompliance.
[b]
The Environmental Commission shall
review the summary reports and the comprehensive report as they are
submitted and shall make recommendations to the approving authority
regarding the need for mitigation of adverse water quality impacts
resulting from the development. The approving authority shall review
the recommendations of the Environmental Commission and shall determine
what if any additional steps shall be required of the developer to
mitigate identified adverse impacts on water quality. The approving
authority's approval of any development requiring the preparation
of an environmental impact assessment shall be conditioned upon the
implementation of the sampling plan by the developer and the developer's
agreement to mitigate identified adverse impacts on water quality
during the course of and/or at the conclusion of the study.
(c)
Hydrogeological analysis. A hydrogeological
analysis shall be performed by a qualified groundwater consultant
and a report of such analysis shall be submitted as part of the EIA.
Such analysis shall be based upon pump tests designed to determine
the likelihood of interference with existing wells as well as the
adequacy of the water supply to serve the proposed development. The
report shall describe the hydrogeology of the site and surrounding
areas of contribution and areas that may be affected by the proposed
development and shall also describe the locations and specifications
of all test wells and the drawdowns, recovery rates and radii of influence
observed for all test wells. The report shall conclude with a summary
of potential adverse impacts that may result from the proposed development
as well as any measures recommended to be implemented to mitigate
such impacts. The potential impact of drought conditions shall be
simulated by the assumption of no recharge to the underlying aquifer
for a period of 90 days. All methodologies utilized in the analysis
and preparation of the report shall be in conformance with recognized
engineering practice for groundwater hydraulics and the following
well pump testing requirements:
[1]
AVAILABLE DRAWDOWN
DRAWDOWN
INFLUENCE
INTERFERENCE
QUALIFIED GROUNDWATER CONSULTANT
POTABLE WATER
RECHARGE
STATIC WATER LEVEL
WELL
YIELD
Definitions. For the purposes of
the ensuing requirements, the following definitions shall be used:
The distance between the static water level and a water level
five feet above the pump intake.
A decline in the water level in a well measured from the
static level.
A decline in the water level in a well due to pumping from
any other wells.
A decline in the water level in a well to the extent where
the proper operation of the well is threatened due to pumping from
any other well.
Any person meeting the criteria set forth at N.J.A.C. 7:14B-1.6,
"qualified groundwater consultant," as may be amended from time to
time.
Any water used or intended to be used for drinking or culinary
purposes.
The inflow of groundwater into a well from the aquifer into
which the well is drilled.
The water level in the well either before or after pumping
when all the pumping effects on the aquifer have dissipated and the
well is in equilibrium with atmospheric pressure.
A hole or excavation deeper than it is wide that is drilled,
bored, core driven, dug, driven, jetted or otherwise constructed for
the purpose of removing water from below the surface of the ground.
The capacity of a well to produce water at a constant rate
while a stable pumping level is maintained.
[2]
Pump testing requirements.
[a]
The purpose of these requirements
is to insure that a development that proposes to rely on wells for
water supply will be able to provide sufficient quantities of water
to meet the water demands of the proposed development without adverse
impacts to existing wells.
[b]
Where a single large well is used
to supply a development, the pump test shall be performed in accordance
with the New Jersey Department of Environmental Protection's Guidelines
GSR-29, Guidelines for Preparing Hydrogeologic Reports for Water Allocation
Permit Applications, with Appendix on Aquifer Test Analysis Procedures.
[c]
In all cases, the applicant shall
submit a well pump/aquifer test proposal to the approving authority
identifying the locations of all proposed test well(s). The applicant
shall also identify all existing wells within 500 feet of the proposed
test well(s). All potentially affected existing well owners shall
be notified by the applicant that the well test will be performed,
when it will be performed and whom they should contact if their wells
are adversely affected. The notice shall contain the proposed date
of the test, the name of the contact person who can provide information
about the test and the name of the contact person who will address
complaints of well interference during the test.
[d]
The applicant shall provide the
approving authority with 72 hours' notice prior to conducting any
pump/aquifer test. The approving authority may require that a representative
of the Township be present during the test.
[e]
The applicant shall be responsible
for obtaining all necessary state, county and local approvals/permits
that may be required to conduct the well test(s).
[f]
If neighboring wells are determined
to be adversely affected, the applicant shall mitigate any adverse
impacts or adjust the proposed groundwater usage of the development
to offset such impact. When a neighboring well has been adversely
impacted by a test, the applicant shall be responsible for providing
potable water to that well owner.
[3]
Procedures.
[a]
The applicant shall retain the
services of a New Jersey licensed well driller to undertake each well
test, which shall be undertaken as a constant rate drawdown test.
[b]
In a constant rate drawdown test,
the well shall be pumped to determine the constant rate at which the
water level in the well remains stable and the drawdown stops (the
point at which the rate of water entering the well equals the rate
of water being pumped out, expressed in gallons per minute). A stable
water pumping level shall be considered to have been attained when
the rate of drawdown in the well is less than 0.5 foot (six inches)
per hour for a period of at least two hours.
[c]
The licensed well driller shall
certify the results of the test to the approving authority.
(d)
Tree survey.
[Amended 8-5-2008 by Ord. No. 2008-10]
[1]
All specimen trees whose drip lines
are located within an area proposed for clearing, excavation or grading
shall be listed and described in the EIA. For these purposes, a specimen
tree is one that exceeds the diameter at breast height specified below:
|
Common Name
|
Scientific Name
|
DBH
(inches)
| |
|---|---|---|---|
|
Flowering Dogwood
|
Cornus florida
|
5
| |
|
Downy Serviceberry
|
Amelanchior arborea
|
12
| |
|
Ironwood
|
Carpinus caroliniana
|
5
| |
|
American Holly
|
Ilex opaca
|
12
| |
|
All other coniferous and deciduous trees
|
18
| ||
[2]
Specimen trees, the drip lines
of which are located within any area proposed for clearing, excavation
or grading, shall also be clearly identified on the environmental
constraints map(s).
F.
Description of proposed development.
(1)
Requirements for Phase I. The applicant shall
provide narrative and mapped descriptions specifying the nature and
purpose of the development; the changes that will occur on the site
as a result of the proposed construction; the intended use of all
buildings and structures on the site; and a comparison of these proposed
changes to the applicable zoning requirements.
(2)
Requirements for Phase II. The narrative shall
describe the proposed development and how it is to be accomplished
through the construction and operation phases of the project. The
description shall include a construction schedule and quantifications
of proposed land clearance and soil relocation; projected traffic
generation; projected sewage generation and potable water demands
(as well as the proposed means of accommodating them); proposed methods
of storm water management (with drainage calculations); projected
solid waste generation (including characteristics and quantities)
and, where applicable, projected hazardous waste generation (and proposed
methods of storage and disposal); and projected demands on applicable
public utilities (with "will serve" letters from each). Each detailed
narrative description shall be supplemented by appropriate maps and
drawings illustrating, without limitation, existing and proposed contours,
buildings, roads, paved areas and other site improvements. Such maps,
if provided in addition to the environmental constraints map or maps,
shall be presented at the same scale as the environmental constraints
map or maps.
G.
Assessment of anticipated project impacts.
(1)
Requirements for Phase I. The applicant shall provide a written assessment, based upon the information available and supported by the quantitative data presented within the EIA, of the probable beneficial or adverse impacts of the project upon all of the elements and topics set forth in Subsection E herein. The assessment shall include a written description and quantitative evaluation of anticipated adverse primary and secondary environmental impacts that cannot be avoided and mitigating measures that are being or could be employed to avoid, reduce or eliminate such adverse impacts. The assessment shall place particular emphasis upon increased potential for water pollution; potential damage to existing vegetation and wildlife systems; alteration of geological features; soil disturbance; increased potential for sedimentation and siltation; increased volumes of stormwater runoff leaving the site at any point; increases or decreases in peak or low stream flows; loss of farmland and loss or degradation of scenic resources.
(2)
Requirements for Phase II. The assessment of
impacts shall be supplemented with a series of detailed reports, as
follows:
(a)
Sewage disposal facilities. The report shall
indicate how sewage will be disposed of and how such facilities will
be designed to prevent ground or surface water pollution and to comply
with all applicable state, county and municipal regulations; and
[1]
If disposal will be on site, data
shall be given as to underlying geology, soils, topography, water
table, percolation tests and soil logs for each sewage disposal site,
together with the depth of the underlying aquifer, and the location,
capacity, type, depth (if known) and capacity of each well within
200 feet of the disposal site; or
[2]
If disposal will be off site, a
detailed description shall be provided of the expected quantity and
classification of the effluent, and a written indication of the receiving
facility's willingness and ability to accept and treat the effluent
shall be submitted.
(b)
Solid waste disposal. Plans for the temporary
storage of solid waste and recyclables on the site and for the disposal
of same by means of one or more facilities operating in compliance
with the State Sanitary Code, N.J.A.C. 7:26 and 7:26A.
(c)
Hazardous waste disposal (where applicable).
Provisions for the temporary storage on the site and for the off-site
disposal of hazardous materials as defined by the State of New Jersey
at N.J.A.C. 7:26E, in accordance with all applicable federal and state
regulations.
(d)
Water supply. Evidence that an adequate supply of potable water is available to serve the development and that the total anticipated demand will be equal to or less than the available water supply, with reference to the well tests and hydrogeological analysis undertaken as required at Subsection E(2)(c) hereinabove.
(e)
Surface water runoff. A calculation of the anticipated impacts on surface water resources within the Township, with reference to the data required at Subsection E(2)(b) hereinabove. The EIS shall indicate how the applicant proposes to:
[1]
Comply with all applicable municipal
ordinances and county and state regulations and statutes;
[2]
Minimize point source and nonpoint source pollutants from entering the surface waters of the Township (for the purposes of this Subsection G(2)(e)[2], the term "point source" shall mean discharge from a stationary facility or fixed location or from a single, identifiable conduit such as a pipe or ditch; and the term "nonpoint source" shall mean carried or discharged from undifferentiated sources with no single identifiable point of origin); and
[3]
Avoid degradation of surface water
quality in accordance with the criteria established by the NJDEP for
Category 1 FW-1 and FW-2 Trout Production Waters, as the same may
exist in the Township.
(f)
Traffic (pedestrian and vehicular). An inventory
of existing traffic and a calculation and statement of the projected
impacts of anticipated traffic from the development on existing roadways
within the Township. With respect to pedestrian circulation, the anticipated
need for sidewalks and crosswalks to carry pedestrians safely to and
from destinations both on and off site shall be analyzed.
(g)
Artificial light. A statement of the anticipated
effects on ambient light levels based on the number and intensity
of proposed lighting fixtures, proposed hours of operation and proposed
methods of shielding, with particular attention to the control of
overhead sky glow.
(i)
Environmental resources. A statement concerning
any irreversible or irretrievable commitment of resources and unmitigated
impacts as well as any expected benefits to the Township resulting
from the approval and implementation of the development.
(3)
Requirements for both Phase I and Phase II.
The assessment shall include a summary listing of both short-term
and long-term impacts in the format presented below.[4]
[4]
Editor's Note: The environmental impact summary form is included at the end of this chapter.
H.
Analysis of design alternatives. A description and
analysis of one or more design alternatives that would ameliorate
projected adverse environmental impacts to the development site and
to the surrounding area. Such analysis shall be accompanied by appropriate
maps, schedules and other explanatory materials so as to thoroughly
explain each alternative and the rationale for the applicant's decision
not to implement that alternative. The approving authority may request
additional alternatives to be analyzed if the applicant's analysis
is deemed to be superficial or insufficient.
I.
List of required permits and other agency approvals.
All municipal, county, state and federal permits and approvals required
for the project shall be listed together with a statement of the status
of the applicant's efforts to obtain such permits or obtain such approvals.
J.
Bibliography, sources. All sources used in the planning
of the development and the preparation of the EIA shall be cited.
K.
Procedures. Twenty-one copies of the environmental
impact assessment, complete with all maps and other supporting documents,
shall be filed as part of the application to the approving authority.
The Board Secretary shall transmit seven of these copies to the Environmental
Commission for its review and comment.
L.
Review criteria.
(1)
In reviewing the environmental impact assessment,
the approving authority shall take into consideration the effect of
the applicant's proposal upon all aspects of the environment including,
but not limited to, water quality, water supply, protection of watercourses,
protection of aquifers, sewage disposal, soil erosion, protection
of trees and vegetation, preservation of farmland, protection of wildlife
and wildlife habitats, protection of scenic resources, historic sites
and archeological features and the minimization of any potential nuisances
or harmful effects upon ambient light levels and characteristics.
(2)
The sufficiency of the applicant's proposals
for dealing with any immediate or projected primary or secondary adverse
environmental effects shall be determined and, if additional mitigation
measures are appropriate, insofar as they are consistent with the
requirements of this chapter or other applicable law, they may be
required of the applicant.
(3)
The applicant shall present, and the Board shall
consider, alternatives to the project, within the framework of the
applicable zoning regulations, involving site design and project location
(but a no-build alternative shall not be considered). The applicant
shall indicate to the approving authority why an alternative was rejected
if it would have resulted in less of a negative impact on the environment
than the subject proposal.
M.
Waiver of requirements. The approving authority may waive any of the submission requirements set forth in Subsections D through J hereinabove as may be reasonable and within the general purpose and intent of the provisions of this section if the literal enforcement of one or more provisions of this section is impracticable or will exact undue hardship because of peculiar conditions pertaining to the subject property.
[Added 12-30-1980 by Ord. No. 80-25]
When, pursuant to this Part 2, an application
is to be filed with an approving authority at least three weeks prior
to a meeting and the expiration of such time falls on a holiday, the
expiration of such time shall be construed as falling on the next
business day.
