The developer shall observe the following requirements and principles
of land subdivision or site work in the design of each subdivision
or site plan.
Design criteria and policy shall, at a minimum, meet the standards
established for comparable improvements installed by the Borough.
They shall, in addition, be subject to the following design requirements.
Monuments shall be of the size and shape required by P.L. 2011,
c. 217, N.J.S.A. 46:26B-1 et seq.
Electric, telephone, television and other communications service
facilities, both main and service lines, shall be provided by underground
cables installed in accordance with the prevailing standards and practices
of the utility or other companies providing such services.
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Under no circumstances shall any soil or earth be sold or otherwise removed from the site unless application is made and approval granted therefor under Chapter
273, Soil Removal, of the Code of the Borough of Lindenwold.
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
Soil erosion prevention and sediment control techniques shall
be submitted with the preliminary plan in conformance with the guidelines
established by the Camden County Soil Conservation District and the
United States Department of Agriculture soil survey for Camden County.
[Amended 12-15-1980 by Ord. No. 561; 11-17-1986 by Ord. No. 729; 10-17-1988 by Ord. No. 792]
A. Sidewalks shall be installed on one or both sides of a street, as
the Joint Land Use Board may direct, and at such width as may be determined
by the Joint Land Use Board in accordance with the attached construction
standards. All sidewalks shall be a minimum of four feet wide and
four inches thick, except at a driveway crossing, where they shall
be six inches thick. All future site improvements in the right-of-way
of Berlin Road shall be constructed in conformance with the proposed
Berlin Road Streetscape Project, with particular attention to the
installation of decorative sidewalks.
[Amended 10-12-2011 by Ord. No. 1293]
B. Concrete curbs, gutters and drive aprons shall be in accordance with
the construction standards as set forth by the Engineer for the municipality.
C. Streets shall be in accordance with the construction standards and
constructed of materials as set forth by the governing body. Such
streets shall be repaired, maintained or improved by such landowner
as reasonably determined by the municipality.
D. The landowner or builder, or both, shall be responsible for the costs
of the installation of all requirements, such as sidewalks, curbs,
driveways, streets, etc., as outlined in this chapter and amendments
thereto.
E. In the event that a particular building is located on an undeveloped
or partially underdeveloped street, that is, one in which there are
no sidewalks or curbs or streets on which only a portion of the properties
have sidewalks or curbs, then, in that event, prior to the issuance
of a building permit or certificate of occupancy, the landowner or
builder shall contact the Borough Engineer and obtain from him instructions
as to the proper grades, elevations, specifications and materials
to be used for the installation of curbs, sidewalks and/or streets
as required above.
F. All costs of services of the Borough Engineer or other professionals, inspectors or other employees shall be borne by the applicant. The Engineer's fees to be charged shall be a portion of the necessary costs to establish grades and elevations on a street prorated among all the lots upon said street. Each applicant shall bear its portion of these said costs according to lot size and block. The costs may be deducted from the escrow deposit made pursuant to Subsection
I hereof, or in the event that said costs exceed the deposit, they must be paid to the Borough of Lindenwold prior to the issuance of a certificate of occupancy.
G. In all cases requiring curb and/or sidewalk and/or street installation
or repair, a bond or cash in lieu of bond shall be posted by the applicant
in an amount determined by the Borough Engineer prior to the issuance
of any building permit. The amount of said bond requirement shall
be determined by the use of bond estimate forms prepared in advance
by the Borough Engineer, which form shall be complete with unit prices
and a list of typical improvements per linear foot of frontage.
H. All building permits which require the installation and/or repair
of sidewalks and/or curbs and/or streets shall also require that such
installation be staked out by the Borough Engineer and the actual
construction be subject to periodic inspection and approval of the
Borough Engineer or his designee, which may be the Director of Public
Works or other qualified person.
I. An escrow deposit of $500 per application shall be made with the
Borough Engineer, in addition to whatever bond or cash in lieu of
bond is required. This deposit money is to be used for the purpose
of reimbursing the Borough of Lindenwold for any costs incurred by
it for engineering, stakeouts, inspections or related items concerning
the installation and/or repair of curbs, sidewalks and/or streets.
All actual costs may be deducted from the deposit of $500 made with
the application, and the balance shall be returned to the applicant.
In the event that the costs exceed $500, the excess must be reimbursed
to the Borough of Lindenwold prior to the issuance of a certificate
of occupancy for said property.
[Amended 12-11-1991 by Ord. No. 893]
J. All requests for the waiver of any provision of this section relating
to curbs, sidewalks and gutters shall be made by the filing of an
application for development with the Lindenwold Joint Land Use Board.
Thereafter, upon a hearing on the waiver request, the Lindenwold Joint
Land Use Board shall rule upon the application.
[Added 9-12-1990 by Ord. No. 865]
[Added 12-26-2007 by Ord. No. 1217]
A. Tree removal and replacement plan/compensatory replacement.
(1) Other than for a single-family residential use, an application for
minor site plan approval must be submitted to the Joint Land Use Board
for tree removal of more than five trees.
[Amended 2-13-2008 by Ord. No. 1221]
(2) All site plan or subdivision plan approval applications shall include
a tree removal and replacement plan and statement indicating the trees
and/or material to be removed and the plan for compensatory replacement.
(3) A wooded site may not be cleared prior to signature of the site plan
or subdivision plan approval.
(4) The following shall be exempt from the requirements of tree removal
and replacement plan/compensatory planting requirements:
(a)
Managed woodlands and agricultural uses.
(b)
Trees removed during normal homeowner maintenance. Examples
would include trees removed due to storm damage or disease and those
removed to prevent damage to roofs, swimming pools, utilities, driveways
and landscaping.
(c)
Trees removed due to clearing for the following:
[1]
Road, driveways, and utility and pedestrian rights-of-way;
[2]
Areas within the foundation lines of a proposed building; and
[3]
Areas within front yard areas required for the installation
of utility service lines, entry walks and driveways.
(5) Removal of trees having a caliper of five inches or greater as measured
36 inches above the ground from any lot is prohibited in the process
of grading or installing improvements except for invasive species.
Invasive species should be removed. Tree protection measures shall
be provided for noninvasive species per American Association of Nurserymen
Standards, and tree protection measures shall be installed prior to
the start of construction in accordance with tree protection measures.
(6) Where in the judgment of the reviewing board removal of trees having
a caliper of five inches or greater is unavoidable, the applicant
shall install replacement trees on the basis of not less than one
inch of tree diameter for every three inches of existing tree diameter
removed, in such locations and of such size, variety and quantity
as reviewed and approved by the reviewing board engineer or reviewing
landscape architect. New trees shall have a caliper of 2.5 inches
at the time of planting.
(7) Notwithstanding the five-inch-caliper limitation set forth above,
no substantial area of smaller trees or shrub cover shall be removed
without the provision of comparable replacement as approved by the
reviewing board pursuant to the compensatory planting requirements
set forth in this section.
B. Landscaping.
(1) Landscaping shall be provided as approved by the reviewing board
to provide shade, designate entrances, screen parking from roads,
buffer utility areas and provide aesthetic interest throughout the
year. Along U.S. Route 30, a berm and plantings are required to screen
parking from the road.
(2) Slope plantings. Landscaping in the area of all cuts and fills and/or
terraces shall be sufficient to prevent erosion, and all roadway slopes
steeper than one foot vertically to three feet horizontally shall
be planted with ground covers appropriate for the purpose and soil
conditions, water availability, and environment.
(3) Additional landscaping. In nonresidential developments, all areas
of the site not occupied by buildings and improvements shall be landscaped
by the planting of grass or other ground cover, shrubs and trees as
part of a site plan approved.
(4) All landscape plants shall be typical full specimens conforming to
the American Association of Nurserymen Standards (ANA) for quality
and installation.
(5) Plant species. Local soil conditions and water availability shall
be considered in the plant selection. All plants shall be tolerant
of specific site conditions. The use of native species is recommended.
(6) An appropriate variety of tree species shall be provided to avoid
die-out due to species-specific diseases.
(7) Landscaping shall not inhibit access by emergency vehicles or inhibit
visibility within vehicular sight triangles required in accordance
with AASHTO (American Association of State Highway and Transportation
Officials).
(8) Maintenance. Plantings shall be watered regularly and in a manner
appropriate for the specific plant species through the first growing
season, and dead or dying plants shall be replaced by the applicant
during the first two planting seasons.
(9) Parking lot landscaping. In parking lots, at least 5% of the interior
parking area shall be landscaped with plantings in interior islands,
and one tree for each 10 spaces shall be installed. Parking lot street
frontage screening and perimeter screening shall be a minimum of five
feet wide. Planting required within the parking lot is exclusive of
other planting requirements such as street tree requirements.
C. Tree protection measures. Developers shall exercise care to protect
trees which are to be retained from damage during construction. The
following procedures shall be observed in order to protect remaining
trees:
(1) Protection
from mechanical injury.
(a)
All trees to be retained within 25 feet of a building site and
lining ingress or egress roads, parking areas and utility easements
shall be protected from equipment damage by wrapping the trunk with
sections of snow fence or boards wired together. All exposed roots,
trunks and low-hanging branches shall be equally protected. Groups
of trees may be protected by fencing the entire area where they are
located.
(b)
Heavy equipment operators shall be careful not to damage existing
tree trunks and roots. Feeder roots shall not be cut closer than 25
feet to tree trunks.
(c)
Tree trunks and exposed roots damaged during construction shall
be protected from further damage by being treated immediately by a
tree surgeon.
(d)
Tree limbs damaged during construction shall be removed and/or
treated immediately by a tree surgeon.
(e)
The operation of heavy equipment over root systems shall be
minimized in order to prevent soil compaction.
(f)
Deciduous trees shall be given an application of a slow-release,
low nitrogen, all-purpose fertilizer to aid in their recovery from
possible damage caused by construction operations. Such applications
shall be made according to appropriate rates.
(g)
Trees shall not be used for roping, cables, signs or fencing.
Nails and spikes shall not be driven into trees.
(h)
The area around the base of existing trees shall be left open
to provide access for water and nutrients. No impervious cover, nor
any storage of equipment, materials, debris or fill, shall be allowed
within the dripline of any existing tree, except as may be necessary
for a maximum of three months if no other storage space is available.
(2) Protection
from grade change.
(a)
Raising the grade. If an increase in the grade of the land is
proposed, the developer shall install either:
[1]
A system of gravel and drain tiles at the old soil level opening
into a dry well built around the trunk and designed for each tree,
individually fitting the contour of the land so that it drains water
away from the tree trunk.
[2]
A retaining wall between the existing grade and the higher grade.
(b)
Lowering the grade. If a lowering of the grade is proposed,
the developer shall initiate one of the following methods to protect
the trees:
[2]
A retaining wall between the existing grade and the lower grade.
(c)
Replacement of trees. If the proposed grade change, in the opinion
of the Board professional or the Environmental Commission, is too
excessive to allow retention of existing trees, the developer shall
be required to replace the trees to be removed on a one-to-three basis,
one inch of new tree diameter for every three inches of tree diameter
removed.
(3) Protection
during cleanup.
(a)
All construction debris shall be hauled away. Debris may not
be burned or buried on site.
(b)
Fences and barriers around trees shall be the last thing to
be removed from the site.
D. Standards for plant material.
(1) Plantings shall not be of an invasive nature, easily susceptible
to pest infestation or diseases.
(2) All proposed material shall be nursery-grown, disease free and shall
conform to the standards of American Association of Nurserymen. A
variety of plant species is encouraged to avoid monocultures. The
plants selected should provide a variety of color, texture and habit.
(3) Shade trees shall have a minimum caliper of 2.5 inches measured six
inches above ground level and a minimum height of 13 to 15 feet at
installation. A minimum of 50% of the trees shall be native to the
region.
(4) Ornamental trees shall have a minimum height of eight feet to 10
feet at installation.
(5) Upright shrubs shall be a minimum height of three feet at planting.
Spreading shrubs shall be a minimum of 18 inches in spread at planting.
E. Shade trees.
(1) Every principal building shall be built upon a lot whose frontage
shall be provided with a street shade tree conforming to the standards
of the Borough's shade tree requirements. In cases where sufficient
shade trees conforming to this requirement are not already in existence,
provisions shall be made by the owner for the planting of new shade
trees in accordance with the same standards and procedures as prevail
under the Borough's ordinances.
(2) Recommended shade trees.
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Acer rubrum "Columnare"
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Columnar red maple
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Acer rubrum "October Glory"
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October glory red maple
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Acer saccharum "Green Mountain"
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Green mountain sugar maple
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Carpinus betulus
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European hornbeam
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Carpinus caroliniana
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American hornbeam
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Carpinus japonica
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Japanese hornbeam
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Fraxinus americana
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White ash
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Fraxinus pennsylvanica
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Green ash or Marshall's seedless green ash
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Fraxinus pennsylvanica "Summit"
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Summit ash
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Glenitsia triacanthos inermis "Shademaster"
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Shademaster thornless honeylocust
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Glenitsia triacanthos inermis "Skyline"
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Skyline thornless honeylocust
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Liriodendron tulipfera
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Tulip poplar
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Plantanus acerfolia
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London planetree
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Plantanus occidentalis
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Sycamore
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Tilia cordata
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Little leaf linden
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Tilia cordata "Greenspire"
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Greenspire little leaf linden
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Tilia tomentosum
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Silver linden
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Zelkova serrata
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Japanese zelkova
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Zelkova serrata "Village Green"
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Village green zelkova
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(3) Prohibited shade trees.
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Acer platanoides
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Norway maple
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Pyrus calleryana "Bradford"
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Bradford callery pear
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Quercus palustris
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Pin oak
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Quercus rubra
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Red oak
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Invasive
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Weak branching
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Bacterial leaf scorch
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F. Trash enclosures.
(1) Trash enclosures shall be large enough to handle trash and recycling
material.
(2) The trash enclosure shall be constructed on three sides by masonry
walls not less than six feet nor more than eight feet in height with
a facade treatment that is compatible with the facade treatment of
the building.
(3) Trash enclosures shall be located a minimum of 15 feet away from
the building wall unless specifically approved by the Fire Marshal.
(4) The trash and recycling area shall have an enclosure gate of durable
material that will be kept closed when trash is not being picked up.
(5) Landscaping consisting of six-foot-high evergreen trees at the time
of planting shall be installed to screen the perimeter of the masonry
walls.
(6) Trash containers may not be located in the parking lot without a
trash enclosure.
(7) Private trash and recycling pickup shall only be permitted between
the hours of 7:00 a.m. and 10:00 p.m.
[Added 12-26-2007 by Ord. No. 1217]
It is in the best interest of the Borough and its residents
to require that preliminary assessments be submitted with those applications
for development specified in Subsection A of this section. Such preliminary
assessments should provide a history of the site, prior uses of the
land, past and current owners and the potential pollution-related
effects of such uses on property.
A. Assessment
required. The developer shall submit a preliminary assessment as part
of and as a condition for approval for each application for preliminary
major subdivision and planned and cluster development approval and
preliminary major site plan approval. This required assessment is
a checklist item for a complete application.
B. Contents
of assessments. The preliminary assessment shall conform to the New
Jersey Department of Environmental Protection's Technical Requirements
for Site Remediation (N.J.A.C. 7:26E) and with industry standards
for Phase 1 Environmental Site Assessments (ASTM Designation E1527-93)
and ASTM Standards for Transaction Screening (ASTM Designation E1528-93).
The preliminary assessment shall be performed by qualified firms or
individuals licensed in the State of New Jersey, and a preliminary
assessment report shall be submitted to the Borough at the time the
applications for development are submitted. The applicant shall submit
six copies with the application to the Joint Land Use Board Secretary
or the Board having jurisdiction. The minimum required scope of work
for the preliminary assessment shall include the following:
C. Review
of regulatory agency file data, environmental reports, aerial photographs,
historical photographs and property ownership records. File data and
existing reports should be reviewed to determine if any existing records
show that the site was used for waste disposal or burial of waste
and to determine if the site has previously been identified as a suspected
source or receptor of contamination. The minimum documents that should
be reviewed for this requirement include but are not limited to:
(1) Environmental Protection Agency (EPA) and State of New Jersey databases.
The EPA and state databases should be reviewed to determine if national
priority lists (Superfund NPL) or state Superfund sites or other alleged
contamination sites are located within the minimum search distance
as specified within the ASTM standards.
(2) Historical aerial photographs and/or other historical photographs.
If available, aerial photographs from the 1940s to current periods
and/or any other historical photographs should be reviewed and submitted
with the report. The photographs will be inspected for signs of excavations,
vegetation stress, or other features indicative of contamination,
both on and adjacent to the site. The preferred scale of the aerial
photographs is one inch equals 200 feet, and stereoscopic pairs are
recommended.
(3) Recorded land title records and/or chain of title and/or ownership
property tax files indicating property ownership from 1940 to the
present.
(4) Local and county files of the health, zoning, construction code,
environmental, police and fire departments.
D. Site inspection.
The applicant shall employ an environmental consultant licensed by
the State of New Jersey to conduct the environmental assessment. The
environmental consultant shall physically inspect the site. The consultant
should collect information on these subjects, as appropriate, to identify
past or current practices which could cause soil or groundwater contamination
or which could cause contamination in any structures at the property,
including but not limited to:
(1) Past and current materials use.
(2) Storage, handling and disposal of wastes at the subject property,
as applicable.
(3) The number and location of chemical storage containers, such as drums
and storage tanks, and the material stored in them.
(4) Transformers and capacitors at or directly adjacent to the property
for signs of leaks, spills and fires.
(5) The properties and structures around the site to document evidence
of obvious and severe impacts from the adjacent properties on the
subject property. Examine exterior of adjacent buildings and grounds
of adjacent properties for evidence of staining and spills.
E. Interviews.
The environmental consultant shall conduct interviews with local government
officials, occupants and adjoining property owners relative to obtaining
information indicating recognized environmental conditions in connection
with the property. The interviews shall generally confirm the following:
(1) The prior use of the property.
(2) Conditions or events related to environmental conditions.
(3) Questions about helpful documents.
(5) Proceedings involving the property.
F. Report.
The environmental consultant shall prepare a report that includes
but is not limited to:
(1) A description of the physical site, description of the site history
and the surrounding land use.
(2) A United States Geological Survey (USGS) topographic map indicating
surrounding land use.
(3) A list of all hazardous substances or wastes that are or were at
the site.
(4) A description of past and present production processes, including
water use, disposal discharge and storage practices and containers.
(5) A list of environmental reports, permits and background documents
reviewed.
(7) A discussion of causes of environmental concern, as applicable, such
as underground storage tanks, PCBs, asbestos and other applicable
environmental hazards.
(8) Statements regarding the presence of wells on site and a statement
regarding the presence or past presence of septic systems or other
subsurface disposal systems.
(9) The result of contact with regulatory agencies concerning potential
contaminated sites in the site vicinity.
(10)
Prints of all aerial photographs and other historical photographs.
(11)
A table that indicates the dates of property ownership from
1940 to the present and the corresponding property use(s) for those
years, if known.
(12)
A description of the methods of disposal of solid waste generated
at, stored at, transported to or disposed of at the subject site.
(13)
A discussion of potential contamination in the soil and groundwater
of the site.
(14)
A description of past remedial operations, including results
and sampling and testing data.
(15)
A listing of all federal, state and local governmental permits,
past and present, applied for or obtained for the site.
(16)
A list of all administrative, civil and criminal enforcement
actions for alleged violations of environmental laws and regulations,
including their resolution.
(17)
Qualifications of individual(s) who performed preliminary assessment.
G. Preparer
qualifications. The individual who conducts the preliminary assessment
shall be an environmental professional, as defined within the ASTM
standard. Individual qualifications must show that the person(s) conducting
the preliminary assessment is qualified to conduct environmental assessments
based upon education and previous project experience.
H. Certification.
(1) The
preliminary assessment report shall include a statement as follows:
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"I certify under penalty of law that I have personally examined
and am familiar with the information submitted in this application
and all attached documents, and that based on my inquiry of those
individuals immediately responsible for obtaining the information,
I believe that the submitted information is true, accurate and complete.
I am aware that there are significant civil penalties for knowingly
submitting false, inaccurate or incomplete information and that I
am committing a crime of the fourth degree if I make a false statement
which I do not believe to be true. I am also aware that if I knowingly
direct or authorize the violation of any statute, I am personally
liable for the penalties."
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(2) This
statement shall be signed by the principal of the company that performed
the preliminary assessment, by the applicant's professional engineer
and by the applicant.
I. Indemnification.
The preliminary assessment report shall also include the following
statement:
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"The applicant hereby indemnifies the Borough, the Borough's
engineers, Borough consultants and engineers and its affiliates against
liability, loss, expense, lien, claim, demand and cause of action
of every kind for damage to property of the applicant and third parties,
including fines or penalties, attorney's fees and other costs
that result from activities associated with or the findings of this
preliminary assessment."
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J. Waiver.
All requests for waiver of requirements of the preliminary assessment
shall be forwarded to the Borough Joint Land Use Board Secretary or
board having jurisdiction of the application. The request for waiver
shall include justification for relieving the standards.
K. Further
requirements. Upon review of the preliminary assessment by the Borough
Engineer and upon recommendation of such Engineer, the Joint Land
Use Board may require such other studies, tests or environmental treatments
and remedies as may be determined reasonable and necessary for the
environmental safety and security of the site, including but not limited
to a site investigation in accordance with N.J.A.C. 7-26C, 7-26D and
7-26E.