This chapter may be cited and referred to as the "Land Subdivision
and Site Plan Ordinance of the Township of Eastampton of 1977."
This chapter is enacted pursuant to the authority granted by
Chapter 291 of the Laws of 1975, commonly cited and referred to as
the "Municipal Land Use Law" (N.J.S.A. 40:55D-1 et seq.).
The purpose of this chapter is to provide rules, regulations
and standards to guide land subdivision and site planning in the Township
of Eastampton in a manner which will promote the public health, safety,
morals and general welfare. It shall be administered to ensure an
orderly growth and development which will not conflict with the development
and general welfare of neighboring municipalities and the county and
state as a whole; to ensure adequate and suitable streets, water supply,
drainage, shade trees, sewerage facilities and other necessary utilities,
public areas and open space and protection from flooding and conservation
of soils; and to promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
A.
ADMINISTRATIVE OFFICER
ADVERSE EFFECT
AGRICULTURAL PURPOSES
APPLICANT
APPLICATION
BOARD
CARTWAY
CIRCULATION
CLERK
DAYS
DRAINAGE
EASEMENT
ENVIRONMENTAL ASSESSMENT
ENVIRONMENTAL IMPACT REPORT
EROSION
FINAL APPROVAL
FLOODPLAIN LIMITS
FRESHWATER WETLANDS AND BUFFERS
HOME OFFICE
INTERESTED PARTY
LAND USE PLANNING BOARD
LIVE/WORK UNIT
LOT
MAINTENANCE GUARANTY
MAJOR SITE PLAN
MAJOR SUBDIVISION
MASTER PLAN
MINOR SITE PLAN
MINOR SUBDIVISION
MIXED-USE UNIT
NUMBER OF LOTS
OFFICIAL MAP
OFF SITE
OFF TRACT
ON SITE
ON TRACT
OPEN SPACE
PARKWAY
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTY
PLAT
(1)
(2)
PRELIMINARY APPROVAL
PUBLIC AREAS
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
RESUBDIVISION
RIGHT-OF-WAY
SECRETARY
SEDIMENTATION
SITE PLAN
STORMWATER MANAGEMENT REPORT
STREET
(1)
(2)
(3)
(4)
(5)
SUBDIVISION
(1)
(a)
(b)
(c)
(d)
(e)
(2)
TRAFFIC IMPACT STUDY
VARIANCE
For the purpose of this chapter, unless the context clearly indicates
a different meaning, the following definitions shall apply:
The Clerk of the municipality, unless a different municipal
official or officials are designated by ordinance or statute.
[Added 5-25-1982 by Ord. No. 1982-6; amended 11-28-2011 by Ord. No. 2011-13; 5-31-2022 by Ord. No. 2022-8]
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
a subdivider's property or any adjacent property, such as inadequate
drainage facilities, insufficient street width, unsuitable street
grades, unsuitable street location to accommodate prospective traffic
or coordinate and compose a convenient traffic system, locating lots
in a manner not adaptable for the intended purpose without danger
to health or peril from flood, fire, erosion or other menace, providing
for lots of insufficient size and neither providing nor making future
allowance for other facilities required by this chapter, or otherwise
in derogation of the Master Plan.
For purposes of exempting a division of land from the provisions
of this chapter, land that will be used solely for the growing and
harvesting of crops, including nursery stock and sod, and/or the raising
and breeding of animals and on which no structure other than a fence
or a building to contain livestock or for storage will be erected
or a building suitable for human habitation, provided that such building
will be located on a lot of at least 10 acres.
Any owner, or authorized representative having written consent
from the legal owners, submitting an application for review and approval
for land subdivision or site plan approval in accordance with this
chapter, and also sometimes referred to as a "developer."
The application form, checklist and all accompanying documents
required by ordinance for approval of a subdivision plat or a site
plan, planned development, cluster development, conditional use, or
use or bulk variance, or for an informal, nonbinding conference review
requested by a developer with the Land Use Board.
[Amended 5-31-2022 by Ord. No. 2022-8]
The Land Use Planning Board of the Township of Eastampton,
Burlington County, New Jersey.
[Amended 12-10-2001 by Ord. No. 2001-12]
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
The Township Clerk of the Township of Eastampton.
Calendar days.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development and means necessary for water supply preservation or prevention
or alleviation of flooding.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the public, a corporation or particular
persons for specified uses.
A report prepared to identify environmental concerns on a
property that is the subject of an application submitted for Land
Use Board review. The report shall consist of a Phase I environmental
site assessment prepared in accordance with applicable American Society
for Testing and Materials (ASTM) guidance in Standard E1527-13 to
identify environmental concerns. When a Phase I environmental assessment
has identified recognized environmental conditions, a Phase II environmental
site assessment shall be prepared to determine the presence, or absence,
of petroleum or hazardous waste in the subsurface of the property.
A Phase II environmental assessment shall be prepared in accordance
with ASTM Standard E1903-11. A New Jersey licensed site remediation
professional (LSRP) shall review and attest to the preparation, findings
and recommendations of the environmental assessment.
[Added 5-31-2022 by Ord.
No. 2022-8]
A report that discusses the effect of proposed development on the environment. The contents of an environmental impact report shall comply with the provisions of § 460-55 of this chapter.
[Added 5-31-2022 by Ord.
No. 2022-8]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The official action of the Land Use Planning Board taken
on a preliminary approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guaranties properly posted for their completion, or approval conditioned
upon the posting of such guaranties.
[Amended 12-10-2001 by Ord. No. 2001-12]
Floodplain limits on property proposed for development show
the limits of the 100-year flood and, when appropriate, floodways
as shown on Federal Emergency Management Agency maps, Flood Insurance
Rate Maps, New Jersey Department of Environmental Protection (NJDEP)
maps, or an individual floodplain analysis prepared according to NJDEP
regulations.
[Added 5-31-2022 by Ord.
No. 2022-8]
Freshwater wetlands and buffers are environmentally sensitive
resources as defined by the New Jersey Department of Environmental
Protection (NJDEP) regulations and shall be shown on plans for site
plans and subdivisions based on a letter of interpretation issued
by NJDEP for the property proposed for development.
[Added 5-31-2022 by Ord.
No. 2022-8]
This type of arrangement is associated with what most people
think of when they hear the term "working at home." The space is clearly
a residence and may or may not contain a workspace, typically in the
form of an office or workshop. Reversion to commercial or work only
is not permitted.
[Added 5-12-2003 by Ord. No. 2003-05]
Any person, whether residing within or without the Township,
whose right to use, acquire or enjoy property is or may be affected
by any action taken under this chapter or whose rights to use, acquire
or enjoy property under this chapter or under any law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under this chapter.
The Land Use Planning Board of the Township of Eastampton.[1]
[Amended 12-10-2001 by Ord. No. 2001-12]
A type of mixed-use structure where a tenant or owner occupies
both the residential and workshop or office portion of the building.
The emphasis and precedence of these type of units is placed on the
residential rather than work needs of the occupant. Therefore, the
predominant use of a live/work unit is residential, and commercial
activity is a secondary use; employees and walk-in trade are limited.
[Added 5-12-2003 by Ord. No. 2003-05]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by the Township, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.[2]
A site plan which is not a minor site plan.
[Added 12-11-2000 by Ord. No. 2000-10]
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the Township, adopted pursuant to N.J.S.A. 40:55D-28.
A development plan for one or more lots requiring less than 10 parking spaces as required by this Code, containing less than 2,500 new or additional square feet of floor area and not involving more than 50% lot coverage, which does not involve a planned development, any new street, or extension of any off-tract improvement which is to be prorated pursuant to the off-tract improvement section of § 460-50 and which contains the information required for minor site plans in order to make an informed determination as to whether the requirements established for approval of a minor site plan have been met.
[Added 3-25-1980 by Ord. No. 1980-3; amended 12-11-2000 by Ord. No.
2000-10]
A subdivision of land for the creation of not more than three
lots, including the remaining portion of the tract, provided that
such subdivision does not involve:
The predominant use of this type of building is commercial,
with residential use as a secondary activity. Residential activity
is limited to the upper floors. This type of building is intended
to provide for maximum flexibility in allowing a mix of uses. Office
use may replace residential uses on the upper floors.
[Added 5-12-2003 by Ord. No. 2003-05]
Any ordinance provisions calling for the construction or
interpretation of the number of lots, whether for the purpose of classification
of a major or minor subdivision or for any other purpose under this
chapter, shall be interpreted as being cumulative in that prior subdivisions
of the base tract, lot, parcel, Tax Map lot or other affected piece
of ground shall be included in the computation. The base tract shall
be counted as a lot. The accumulative period referred to above shall
be construed to mean the 10 years immediately preceding the date of
application. The purpose of this provision is to avoid the creeping
minor subdivision syndrome resulting in strip development, which the
municipality finds should be discouraged.
[Added 6-28-1983 by Ord. No. 1983-13]
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32 et seq.).[3]
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a subdivision application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a subdivision
or site plan application nor on a contiguous portion of a street or
right-of-way.
Located on the lot in question.
Located on the property which is the subject of a subdivision
or site plan application or on a contiguous portion of a street or
right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of land, which shall include
recreational facilities and municipal public buildings for purposes
other than recreation, title to which may be deeded to the Township
without reservation or condition.
[Amended 8-11-1987 by Ord. No. 1987-15]
A planting area located within the public right-of-way, typically
located between the curb and the sidewalk, and planted with ground
cover and trees and may include benches and streetlighting.
[Added 5-12-2003 by Ord. No. 2003-05]
For purposes of notice, any applicant for subdivision or
for site plan approval, the owners of the subject property and all
owners of property and government agencies entitled to notice thereof.
Any security which may be accepted by the Township, including
performance bonds, with a responsible surety authorized to do business
in the State of New Jersey, or escrow agreements secured by cash,
certified check or cashier's check, to guarantee the completion of
the required improvements before the Land Use Planning Board approves
the final plat, provided that no more than 10% of the total performance
guaranty may be required in cash. A responsible surety shall not include
a surety against whom there are proceedings pending in this state
to revoke its license to act as such surety.
[Amended 12-10-2001 by Ord. No. 2001-12]
A map or maps of a subdivision or site plan, including the
following:
[Amended 12-10-2001 by Ord. No. 2001-12]
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Board Secretary for Land Use Planning Board consideration and tentative approval and meeting the requirements of this chapter.
FINAL PLATThe final map of all or a portion of the subdivision which is presented to the Land Use Planning Board for final approval in accordance with the regulations of this chapter and which, if approved, shall be filed with the County Clerk's office.
The conferral of certain rights, pursuant to this chapter,
after specific elements of a subdivision or site plan have been agreed
upon by the Land Use Planning Board and the applicant.
[Amended 12-10-2001 by Ord. No. 2001-12]
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to the
Township, a Township agency, Board of Education, state or county agency
or other public body for recreational or conservational use.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
Property subject to or acquired by reservation, dedication,
prescription or condemnation and intended to be occupied by a street,
a crosswalk, a railroad, utilities, or similar uses.
[Added 5-31-2022 by Ord.
No. 2022-8]
The Secretary of the Land Use Planning Board of the Township
of Eastampton.
[Amended 12-10-2001 by Ord. No. 2001-12]
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A plan for development of one or more lots, on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways, the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices, and any other information that may be reasonably
required in order to make an informed determination by the Land Use
Planning Board. It shall also include any modification of a previously
approved site plan.
[Amended 12-10-2001 by Ord. No. 2001-12; 2-28-2011 by Ord. No.
2011-5]
A report that discusses the effect of proposed development regarding stormwater it will generate and the management of stormwater generated by proposed development. The contents of a stormwater management report shall comply with the provisions of Chapter 450, Stormwater Management.
[Added 5-31-2022 by Ord.
No. 2022-8]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or Township roadway,
which is shown upon a plat heretofore approved pursuant to law, which
is approved by official action as provided by this chapter, or which
is shown on a plat duly filed and recorded in the office of the County
Clerk prior to the appointment of the Land Use Planning Board and
the grant to such Board of the power to review plats, and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. For the purposes of
this chapter, streets shall be classified to conform with the Burlington
County Master Plan as follows:
[Amended 12-10-2001 by Ord. No. 2001-12]
STREET, ARTERIALA street used primarily for fast or large volumes of traffic.
STREET, COLLECTORA street used to carry traffic from the minor streets to the primary streets and designed to have considerable continuity and traffic capacity.
STREET, MINORThose streets, other than the arterial or collector streets, which need be entered only for stopping at a destination on that street and which need not be used for general circulation or through traffic.
STREET, CUL-DE-SACA short, dead-end, minor street terminating in a circular or other turnaround area.
STREET, MARGINAL ACCESSStreets located parallel and adjacent to arterial streets and highways which are designed to provide access to abutting properties without interrupting highway traffic except at recognized intersections and across points.
[Amended 3-25-1980 by Ord. No. 1980-3; 12-10-2001 by Ord. No.
2001-12]
The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels or other divisions of land for sale or development.
The following shall not be considered subdivisions within the meaning
of this chapter if no new streets are created:
Divisions of land found by the Land Use Planning Board, or subdivision
committee thereof appointed by the Chairman, to be for agricultural
purposes, where all resulting parcels are five acres or larger in
size.
Divisions of property by testamentary or interstate provisions.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the Clerk to conform to the requirements of the Township
development regulations and are shown and designated as separate lots,
tracts or parcels on the Tax Map Atlas of the Township.
The term "subdivision" shall also include the term "resubdivision."
A study that analyzes the traffic impact of a proposed development. The study shall be prepared in accordance with New Jersey Administrative Code, Title 16, Chapter 47, and Institute of Transportation Engineers (ITE) guidelines. The study shall include, but not be limited to, a description of the proposed development; a description of existing roadway conditions and traffic volumes; an existing capacity analysis of the roadway; proposed development trip generation by modal split based on the most current ITE trip generation rates; a future capacity analysis of the roadway that includes a no-build scenario for needed improvements to the roadway and a build scenario for needed improvements to the roadway; an analysis of site access, circulation and on-site parking; conclusions of the impacts to the roadway, improvements needed to mitigate those impacts and the ability of the site to provide safe on-site circulation, parking and access; and appendixes containing existing traffic volumes by turning movement, no build traffic volumes by modal split by turning movement, build traffic volumes by modal split by turning movement, and other pertinent data and analyses.
[Added 5-31-2022 by Ord.
No. 2022-8]
Permission to depart from the literal requirements of Chapter 540, Zoning.
B.
The use of the word "shall" in this chapter indicates a mandatory
requirement, and the use of the word "may" indicates a permissive
action.
D.
The use of masculine pronouns is for convenience only and shall include
reference to both genders.
