Township of Cinnaminson, NJ
Burlington County
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Table of Contents
Table of Contents
The provisions of this article shall be administered by the Township of Cinnaminson Planning Board and Zoning Board of Adjustment (where applicable) in accordance with the Municipal Land Use Law of the State of New Jersey, N.J.S.A. 40:55D-1 et seq.
The general provisions of Article I shall be applicable to all applications submitted under this Article.
If a proposed subdivision meets the requirements of a minor subdivision, as defined by this chapter, it is the intent of this chapter that said subdivision be exempted from the procedural requirements of the major subdivision.
A. 
A developer seeking approval of a minor subdivision shall submit to the Secretary of the Board 15 copies of a completed minor subdivision application form, 15 copies of a minor subdivision plat, a completed checklist with the required documents and the appropriate application and escrow fees.
B. 
Upon receipt of a complete application, the Board shall hold a hearing on said application in accordance with Article I of this chapter.
C. 
The applicant shall be required to provide notice of the hearing in accordance with § 330-53 of the Code of Cinnaminson Township and the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D. 
The Planning Board shall act on a complete application for minor subdivision within the time prescribed in § 330-59 of the Code of the Township of Cinnaminson.
E. 
Upon approval of a minor subdivision, the minor subdivision may be filed by plat in conformity with the provisions of the New Jersey Map Filing Law (N.J.S.A. 46:23-9.9 et seq.)[2] or a deed clearly describing the approved minor subdivision. If filed by plat, the developer shall have prepared the necessary copies of the minor subdivision plats that are required for filing with the county and nine additional plats for distribution to various Township agencies. Any such plat or deed accepted for such filing shall be submitted to the Board Attorney and Engineer for approval as to form and consistency with the minor subdivision approval, and upon such approval shall be signed by the Chairman and Secretary of the Planning Board. The minor subdivision, after final approval by the Board, shall be filed by the developer with the County Clerk within 190 days from the date of such approval. If the minor subdivision is not filed within such time period, the approval shall expire. The developer shall file with the Secretary of the Board evidence of the filing of the minor subdivision plat or deed with the county. The nine plats required as set forth above shall be distributed by the Secretary of the Board to the following:
(1) 
Municipal Clerk.
(2) 
Municipal Engineer.
(3) 
Construction Official.
(4) 
Zoning Officer.
(5) 
Tax Assessor.
(6) 
Chief of Police.
(7) 
Secretary of the Board.
(8) 
Board Engineer.
[2]
Editor's Note: Repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
F. 
Whenever review or approval of the application by the County Planning Board is required, the Cinnaminson Planning Board shall condition any approval that it may grant upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
G. 
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 on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
A developer seeking approval of a major subdivision shall submit to the Secretary of the Planning Board 15 copies of a completed major subdivision application form, 15 copies of a major subdivision plat, a completed checklist with the required documents and the appropriate application and escrow fees.
The purpose of the preliminary plat is to provide the Board with detailed drawings of what is expected to become the final subdivision plat. These drawings shall be precise and accurate in order to give the Board and its representatives who are charged with the responsibility of reviewing the plat all the data and precision necessary for a detailed review.
A. 
Upon receipt of a complete application for major subdivision approval, the Board shall hold a hearing on said application in accordance with Article I of this chapter.
B. 
The applicant shall be required to provide notice of the hearing in accordance with § 330-53 of the Code of Cinnaminson Township and the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C. 
The Planning Board shall act on a complete application for major subdivision approval within the time prescribed in § 330-59 of the Code of the Township of Cinnaminson.
D. 
Upon the filing of an application for major subdivision approval, copies of the preliminary plat shall be distributed to the Planning Board Engineer, the Planning Board Solicitor, the Township Fire Commissioner, the Environmental Advisory Board, and the Township Sewerage Authority, and such other public officials as needed to be designated by the Board, including the planning consultant.
E. 
If the Board acts favorably on a preliminary plat, the Chairperson and Secretary of the Board, together with the Board Engineer, shall affix their signatures to three copies of the approved plat, retaining one in the Board Engineer's file and returning one to the subdivider for compliance with final approval requirements.
F. 
When an individual water supply and/or sewerage disposal system is proposed, the plan for such system must be approved by the appropriate local, county, or state health agency. When public sewerage disposal is not available, the developer shall have percolation tests made and submit the results with the preliminary plat. Any subdivision or part thereof that does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such situations shall first be approved by the appropriate local, county, or state health agency.
A. 
Preliminary approval of a major subdivision shall confer upon the applicant the following rights for a three-year period from the date of such approval:
(1) 
The general terms and conditions under which the preliminary approval was granted will not be changed; and
(2) 
The applicant may submit on or before the expiration date the whole or parts of such plat for final approval.
B. 
If an application for final subdivision approval is not filed within three years of the date of preliminary subdivision approval, or any extension thereof, the preliminary subdivision approval shall expire.
A. 
A developer who has obtained preliminary subdivision approval may, within three years of the date of preliminary approval, apply for final subdivision approval.
B. 
A developer seeking final major subdivision approval shall submit to the Secretary of the Board 15 copies of a completed final major subdivision application form, 15 copies of a final major subdivision plat, a completed checklist with the required documents and the appropriate application and escrow fees.
C. 
Upon receipt of a complete application for final major subdivision approval, the Board shall hold a hearing on said application in accordance with Article I of this chapter.
D. 
The Planning Board shall act on a complete application for final major subdivision approval within the time prescribed in § 330-59 of the Code of Cinnaminson Township.
E. 
If the final major subdivision plat conforms with the terms of the preliminary major subdivision approval, and this chapter, it shall be approved by the Planning Board.
A. 
If the final plat is approved, a notation to that effect shall be made on two prints and signed by the Chairperson of the Board. One copy shall be retained by the Board and the other returned to the developer.
B. 
The developer shall then have affixed to the original tracing all signatures required, with the final signature being that of the Secretary of the Board.
C. 
Prior to the Chairperson of the Board affixing his/her signature, the following shall have been accomplished:
(1) 
A written statement shall have been received from the Board Engineer that he/she is in receipt of a plat showing all improvements in exact locations and elevations, identifying those portions already installed, and that the subdivider has complied with one or both of the following:
(a) 
Installed all improvements in accordance with the requirements of the regulations; or
(b) 
A performance guarantee has been posted with the Township Clerk in sufficient amount to assure the completion of all required improvements.
(2) 
The Board Engineer shall not issue a written statement unless he/she has received a certificate from the Cinnaminson Sewerage Authority certifying that a copy of the plat of utilities insofar as it relates to the sewers has been filed with it and that the sewers have been satisfactorily installed or a bond condition for their installation has been filed with the Authority.
(3) 
All plats shall have been forwarded to the County Planning Board by the subdivider for its action and the County Planning Board shall have approved the subdivision prior to final signatures being affixed.
(4) 
The Board Secretary shall obtain a certificate from the Tax Collector stating that all taxes and assessments are paid to date.
D. 
The subdivider shall have prepared the following for distribution prior to the issuance of any permits:
(1) 
One translucent tracing cloth filed with the county.
(2) 
One cloth print filed with the county.
(3) 
One cloth print filed with the Municipal Clerk.
(4) 
Twelve black-lined prints to be distributed as follows:
(a) 
Two copies to the Municipal Engineer.
(b) 
Municipal School Board.
(c) 
Construction Official.
(d) 
Tax Assessor.
(e) 
Zoning Officer.
(f) 
Secretary of the Planning Board.
(g) 
Chief of Police.
(h) 
Fire Official, three copies.
(i) 
Board Engineer.
E. 
At the time the subdivision is accepted by the Township and the appropriate maintenance guarantee is posted released, any monies remaining in the escrow provided for the payment of the professional personnel fees for review of the plans and inspections shall be returned to the subdivider.
F. 
The plat shall be filed with the county recording officer within 95 days from the date of signing of the plat. The Planning Board may, for cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Board that the developer:
(1) 
Was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and
(2) 
Applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.
A. 
The minor subdivision plat shall be drawn to a scale of not less than one inch equals 100 feet and must comply with all requirements of the New Jersey Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
B. 
The Tax Assessor shall determine the block and lot numbers as required in N.J.S.A. 46:23-9.11e of the New Jersey Map Filing Law.
C. 
In addition to the requirements of the New Jersey Map Filing Law,[1] the following shall be indicated on the plat:
(1) 
The acreage of the tract to be subdivided and acreage of the portion to be retained, all to the nearest tenth of an acre.
(2) 
The route numbers of any county roads which are adjacent to the tract to be subdivided.
(3) 
A statement reading "Approved by the Burlington County Planning Board," and signature lines for the Chairman and Secretary of the Board.
(4) 
A statement reading "Approved by the Cinnaminson Township Planning Board," and signature lines for the Chairman and Secretary of the Board.
(5) 
Existing zoning shall be noted.
(6) 
The names of the owners of adjoining lots, zoning of adjoining lots and Tax Map block and lot numbers as disclosed by the most recent municipal tax records.
(7) 
Seal of the engineer or surveyor who prepared the plat.
(8) 
All easements, private and public, shall be shown.
(9) 
A copy of protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the plat.
(10) 
Street numbers as determined by the Tax Assessor.
(11) 
All existing building and structures.
[1]
Editor's Note: Repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
D. 
The developer shall submit a certificate from the Tax Collector stating that all taxes and assessments are paid to date with the submission of the minor subdivision plat.
A. 
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet and must comply with all of the requirements of the New Jersey Map Filing Law, N.J.S.A. 46:23-9.9 et seq.[1]
[1]
Editor's Note: Repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
B. 
Preliminary plats shall be designed and drawn by a licensed New Jersey land surveyor or professional engineer.
C. 
The plat shall be designed in compliance with the provisions of this chapter.
D. 
The plat shall be of a standard size, 24 inches by 36 inches, as measured from the cutting edges. If one sheet is not of sufficient size to contain the entire tract, the plat may be divided into sections to be shown on separate sheets of equal size with reference on each sheet to the adjoining sheets.
E. 
A preliminary plat shall contain the details set forth in §§ 330-214 through 330-226 of this chapter.
F. 
The preliminary plat shall show or include the following information:
(1) 
A key map showing the entire subdivision and its relation to surrounding areas.
(2) 
The tract name, Tax Map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
(a) 
Name and address of the record owner or owners.
(b) 
Name and address of the subdivider.
(c) 
Name and address of the person who prepared the map.
(d) 
Names of owners of all lots adjoining the subdivided lot.
(3) 
A survey prepared and certified by a licensed surveyor of the State of New Jersey identifying the boundaries of the parcel and the limits of all proposed streets, recreation areas, and other property to be dedicated to public use.
(4) 
A statement of the number of lots and minimum zoning requirements.
(5) 
Acreage of the tract to be subdivided to the nearest tenth of an acre.
(6) 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, whole lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
(7) 
Route number of any county roads which are adjacent to the tract to be subdivided.
(8) 
Contours at the two-foot intervals to determine the general slope and natural drainage of the land and the high and low points and preliminary cross sections and center-line profiles for all proposed new streets.
(9) 
The location of existing and proposed property lines, streets, buildings, water courses, railroads, bridges, culverts, drain pipes and any natural features such as wooded areas and rock formations. All elevations shall be based on United States Coast and Geodetic Survey datum.
(10) 
Test boring information showing good ground condition and water table, with a maximum boring depth of 20 feet.
(11) 
Plans of proposed utility layouts, such as sewers, storm drains, water, gas and electricity, showing feasible connections to existing or proposed utility systems.
(12) 
Plans and profiles of streets, storm and sanitary sewers and water mains.
(13) 
A copy of any productive covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(14) 
The route numbers of any county roads which are adjacent to the tract to be subdivided.
(15) 
An indication of drainage conditions and directions of water flow on side of roads opposite subdivision.
(16) 
Drainage calculations.
(17) 
Minimum building setback lines on all lots and other sites.
(18) 
The location of all wetlands and wetland transition areas on and off site as established by the New Jersey Office of Freshwater Wetlands or the United States Army Corps of Engineers.
(19) 
An environmental impact statement in accordance with § 330-227 of this chapter.
(20) 
A traffic impact report in accordance with § 330-228 of this chapter.
(21) 
A solid waste/recycling report in accordance with § 330-229 of this chapter.
(22) 
A landscape plan in accordance with § 330-230 of this chapter.
(23) 
A certificate that the applicant is the owner of the land or has authority to sit as agent for the owner, giving the name and address of both.
(24) 
Certification that taxes have been paid to date.
(25) 
The plat may be accompanied by such other exhibits of any architectural or planning nature submitted by the applicant or as may be required by the Planning Board.
The developer shall be responsible for presenting adequate copies of the preliminary plat, together with other requirements, to the Burlington County Planning Board for action by that body and shall request the County Planning Board to transmit its report and/or recommendations to the Township Planning Board.
A. 
The final plat shall be drawn on a scale of not less than one inch equals 100 feet and must comply to all of the requirements of the New Jersey Map Filing Law, N.J.S.A. 46:23-9.9 et seq.[1]
[1]
Editor's Note: Repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
B. 
Final plats shall be designed and drawn by a licensed New Jersey land surveyor or professional engineer.
C. 
The final plat shall be consistent with the approved preliminary plat.
D. 
The Municipal Tax Assessor shall determine the block and lot numbers as required by N.J.S.A. 46:23-9.11e of the New Jersey Map Filing Law.
E. 
The plat shall be of standard size, 24 inches by 36 inches as measured from the cutting edges. If one sheet is not of sufficient size to contain the entire territory, the plat may be divided into sections to be shown on separate sheets of equal size with reference on each sheet to the adjoining sheets.
F. 
The final plat shall contain the details set forth in §§ 330-214 through 330-226 of this chapter.
G. 
In addition to the requirements of the New Jersey Map Filing Law, the final plat shall show or be accompanied by the following:
(1) 
A key map showing the entire subdivision and its relation to surrounding areas.
(2) 
The tract name, Tax Map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
(a) 
Name and address of the record owner or owners.
(b) 
Name and address of the subdivider.
(c) 
Name and address of the person who prepared the map.
(d) 
Names of owners of all lots adjoining the subdivided lot.
(3) 
A survey prepared and certified by a licensed surveyor of the State of New Jersey identifying the boundaries of the parcel and the limits of all proposed streets, recreation areas, and other property to be dedicated to public use.
(4) 
A statement of the number of lots and minimum zoning requirements.
(5) 
Acreage of the tract to be subdivided to the nearest tenth of an acre.
(6) 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, whole lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
(7) 
Route number of any county roads which are adjacent to the tract to be subdivided.
(8) 
Statement, "Approved by the Burlington County Planning Board" and signature lines for the Chairman and the Secretary of the Board.
(9) 
Statement, "Approved by the Cinnaminson Township Planning Board" and signature lines for the Chairman and the Secretary of the Board.
(10) 
Street numbers as determined by the Municipal Engineer.
(11) 
Each block shall be numbered and the lots within each block shall be numbered consecutively beginning with the number one.
(12) 
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
(13) 
Minimal building setback lines on all lots and other sites.
(14) 
Location and description of all monuments.
(15) 
Certification by the engineer or surveyor as to the accuracy of the details on the plat.
(16) 
Certification that the applicant is agent or owner of the land and that the owner has given consent under an option agreement.
(17) 
Contours at five-foot intervals for slopes averaging 10% or greater, and at two-foot intervals for land of lesser slope.
(18) 
Plans and profiles of streets, storm and sanitary sewers and water mains.
(19) 
Certificate from the Tax Collector that all taxes are paid to date.
A. 
Final profiles of streets, storm and sanitary sewer lines shall be submitted at the time the final plat is submitted.
B. 
Profiles shall be drawn on sheets 22 inches by 26 inches, drawn to a scale of not less than one inch equals 50 feet horizontal, and one inch equals five feet vertical.
C. 
The profiles shall show, accurately platted to scale, the existing and proposed storm drains, sanitary sewers, underdrains, center lines, including invert and rim elevation of all manholes and invert and curb elevation of all inlets and top and inverts of other drainage structures. Percent of grade on all center lines shall be indicated. The length of all vertical curves shall be noted, together with their respective point of curvature, point of intersection and point of tangency. The original grade lines shall be indicated.
A. 
The subdivision plat shall conform to design standards that will encourage good development patterns within the municipality. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats.
B. 
All residential subdivisions shall conform to the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., with regard to the design and construction of all streets, rights-of-way, cartways, curbs and gutters, shoulders, sidewalks and graded areas, utility areas, street grade and intersections, pavement, underground wiring, parking, parking space size, parking areas, curb construction, sidewalk and bikeway construction, pavement and lighting construction, curves, blocks, lots, water supply, sanitary sewers and storm drains, underdrains, utilities, street lights, street name and signs, monuments, shade trees, planted buffers and green space, compensatory planting, topsoil, recreation and open space, natural features and off-tract improvements.
C. 
All materials and methods shall conform to the standards of the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., where applicable, as required by N.J.S.A. 40:55D-40.5 or to the Standard Specifications of the New Jersey Department of Transportation ("Standard Specifications") unless otherwise noted.
For all developments subject to the Residential Site Improvement Standards (RSIS), the design criteria set forth therein shall apply to the design of streets within the development. To the extent the following criteria are not covered by the RSIS, and for all subdivisions not subject to the RSIS, the following design criteria for streets shall apply:
A. 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
B. 
Minor streets shall be so designed as to discourage through traffic.
C. 
The Board may require that all lots with frontage on arterial and collector streets of the Township, as listed in the Master Plan, shall have frontage on another minor street to serve as a point of access when this is deemed necessary. When frontage on a minor street is required, there shall be no driveway or other curb cut permitted along the frontage of the primary road. All lots requiring reverse frontage shall have additional 25 feet of depth above the requirements of Chapter 525, Zoning. This 25 feet of depth shall be planted by the developer with evergreen trees and shrubs so as to provide a visual screen at least six feet in height and covering 50% of the frontage of the property by the end of two growing seasons. The reverse frontage height of growth requirements can be met in part by grading dirt at a slope of 1:3 to a height of four feet within the twenty-five-foot reverse strip.
D. 
The right-of-way width shall be measured from lot line to lot line and shall be not less than the following:
(1) 
Arterial streets: 80 feet.
(2) 
Collector streets: 60 feet.
(3) 
Minor streets: 50 feet.
(4) 
The right-of-way width for internal roads or alleys in commercial and industrial developments shall be determined on an individual basis and shall never be less than 33 feet and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs, and maximum access for fire-fighting equipment.
E. 
No subdivision showing reverse strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Board.
F. 
Subdivisions that adjoin or include existing streets that do not conform to the width as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated. If a realignment of an existing road is proposed, the developer shall provide not less than 1/2 of the future width of the side or sides owned by him and 1/2 of the future width from the new center line through any parcels not owned by him. It shall be the developer's obligation to obtain the required right-of-way from owner/owners of the lands, not owned by the developer, which are affected by the proposed realignment.
G. 
Grade of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No streets shall have a grade of less than 1/2 of 1%. Special details may be required where grades exceed 2 1/2%.
H. 
Collector streets (sixty-foot right-of-way) shall have cartways of 40 feet and minor streets (fifty-foot right-of-way) shall have a cartway of 30 feet.
I. 
Road pavement.
(1) 
For roads considered by the Board to be subject to heavy vehicular traffic, the design of the base course shall be as determined by the Board Engineer as required by sound engineering practice. The surface course shall be three inches thick of FABC-2, all in accordance with the Standard Specifications.
(2) 
For all other roads, the base course shall be five inches thick of Type 5, Class A soil aggregate, and the surface course shall be three inches thick of FABC-2 all in accordance with the Standard Specifications.
J. 
Street intersections shall be as nearly at right angles as possible and in no case shall be less than 60º. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet. Any intersection other than 90º may be treated as an exception to the above, and special requirements may be imposed.
K. 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
L. 
A tangent of at least 100 feet shall be introduced between reverse curves on arterial, collector, and minor streets.
M. 
When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial or collector streets, radii to be measured from the center of streets.
N. 
All changes in grade shall be connected to vertical curves of sufficient radius to provide a smooth transition and proper site distance.
O. 
Dead-end streets (culs-de-sac) shall not be longer than 500 feet to the radius point and shall provide a turnaround at the end with a radius of not less than 50 feet and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining property owners. The length of a temporary cul-de-sac shall be determined by the Board.
P. 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with names of existing streets. The continuation of an existing street shall have the same name.
Q. 
Such design features as multilegged intersections with more than four legs, acute angle, V-type intersections and jog intersections are prohibited.
R. 
Continuous through local streets extending from one major street to another should be avoided.
S. 
Four-legged intersections shall be used infrequently. T-type intersections shall be used more frequently.
T. 
Curbs shall be six-inch-by-eight-inch-by-eighteen-inch concrete curbs, all in accordance with the Standard Specifications.
U. 
Sidewalks shall be four feet wide by four inches thick, except in areas of driveway crossings where the thickness shall be six inches. The concrete apron shall also be six inches thick.
For all developments subject to the Residential Site Improvement Standards (RSIS), the design criteria set forth therein shall apply to the design of blocks within the development. To the extent the following criteria are not covered by the RSIS, and for all subdivisions not subject to the RSIS, the following design criteria for blocks shall apply:
A. 
Block length and width or acreage within bounding roads shall be so used as to accommodate the size of lot required in the area by Chapter 525,[1] and to provide for convenient access, circulation control and safety of street traffic. Block lengths shall not normally exceed 1,200 feet.
[1]
Editor's Note: See Ch. 525, Zoning.
B. 
In blocks over 1,000 feet long, pedestrian sidewalks may be required in locations deemed necessary by the Planning Board. Such right-of-way shall be at least 15 feet wide and be straight from street to street, and contain a four-foot wide sidewalk, but no planting of shrubs or building of fences or other obstructions shall be permitted within such fifteen-foot right-of-way.
C. 
For commercial or industrial use, block sides shall be sufficient to meet all area and yard requirements for such use.
For all developments subject to the Residential Site Improvement Standards (RSIS), the design criteria set forth therein shall apply to the design of lots within the development. To the extent the following criteria are not covered by the RSIS, and for all subdivisions not subject to the RSIS, the following design criteria for lots shall apply:
A. 
Lot dimensions and areas shall be not less than the requirements of Chapter 525, Zoning:
(1) 
Be appropriate to the topography and natural character of the land being subdivided; and
(2) 
Be appropriate to the type of development and use contemplated.
B. 
Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C. 
Each lot shall front upon an improved street with a right-of-way of at least 50 feet in width except lots fronting on streets described in § 330-216D(4) of this chapter.
D. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
E. 
Where there is question as to suitability of lot or lots for their intended use due to factors as rock formations, flood conditions, or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
F. 
Excessive conformity and excessive nonconformity in building setback lines shall be avoided.
A. 
In large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or municipal departments concerned. No planting of shrubs or trees or building of fences or other obstructions, temporary or permanent, shall be permitted on such twenty-foot easement.
B. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features. They shall be modified only insofar as necessary to provide protective drainage and water runoff slopes away from all sides of all buildings. Due consideration shall be given to the laying out of adequate parks and playgrounds in residential areas for dedication to the Township or reservation for common use of the public by deed, covenance, or arrangements which were approved by the Planning Board. Areas for parks and playgrounds shall be of reasonable size for neighborhood recreational use and shall be conveniently located.
A. 
When a natural waterway traverses or borders a tract for which subdivision approval is being sought pursuant to § 330-211 of this chapter, the developer must comply with all regulations of the New Jersey Department of Environmental Protection regarding wetlands and streams.
B. 
Lands located within the one-hundred-year flood zone as indicated in the latest United States Department of Housing and Urban Development Flood Insurance Rate Map may be subdivided, provided that any construction within the one-hundred-year flood zone must be at least one foot above flood elevation.
For all major developments and all developments subject to the Residential Site Improvement Standards (RSIS), the design criteria set forth therein and N.J.A.C. 7:8-1.1 et seq. shall apply to the design of storm sewers and other drainage structures within the development. To the extent the following criteria are not covered by the RSIS, and for all subdivisions not subject to the RSIS and/or N.J.A.C. 7:8-1.1 et seq., the following design criteria for storm sewers and other drainage structures shall apply:
A. 
The determination of size of pipe and box culverts must be based on hydraulic computations. The runoff calculation must be based on the actual watershed area contributing to the structure under consideration. A minimum runoff coefficient of 0.30 shall be used for residential and rural areas. The Rational Method for determining the section shall be used.
B. 
Storm drain systems shall be designed to carry all water coming to or accumulating on the street. Storm drainage systems shall be designed on the basis of a five-year frequency, except for low points where the only relief of accumulated water is provided by the storm sewer, in which case a ten-year frequency or greater may be required. Box culverts shall be designed on the basis of a fifteen-year frequency. In general, self-cleaning grades shall be designed for all pipes so that a minimum velocity of two feet per second will be obtained when the pipe is flowing one-quarter full. Drainage calculations must be submitted to the reviewing board engineer.
C. 
The minimal pipe size shall be 15 inches and shall only be used for storm drain runs of 50 feet or less in length. Inlets shall be spaced so that the run of water in gutters does not exceed 1,000 feet or one block. Manholes or inlets shall be placed wherever a change in grade or alignment of a storm drain occurs, but in any case, not more than 500 feet apart. Where pipe sizes are increased, the invert of the large pipe shall be dropped so the tops of the pipes will be at the same elevations. In general, all storm sewers shall have a minimum cover of two feet. Outlet pipes shall extend to the edge of existing streams and must have a concrete headwall on the end of all pipes.
D. 
Headwalls shall be of 4,000 psi concrete (Class D); they shall be at least four pipe diameters long and must have the foundation at least 30 inches below final grade. They must have a splash block the length of the headwall, and be at least 1 1/2 pipe diameters wide. They must have a return into the stream bed at least 18 inches on the upstream and outside edges.
E. 
If underdrains and/or subbased drains are required, they shall conform to 5.1 of the Standard Specifications. In no case shall a drain pipe be placed within two feet horizontally from any sanitary sewer installation when running parallel with it.
F. 
All storm drain pipes shall conform to 5.2 of the Standard Specifications.
G. 
Manholes and inlets shall conform to 5.3 of the Standard Specifications.
Monuments shall be of hard durable material at least 30 inches long. The top and bottom shall be a minimum of four inches square.
All street signs shall conform to the Residential Site Improvement Standards (RSIS). Street signs shall be of a type as approved by the Superintendent of Roads for consistency with signs within the Township. To the extent that it does not conflict with the RSIS, they shall be placed in a foundation of concrete (Class D) which shall be a minimum of three feet deep by one foot square with the vertical member of the foundation being imbedded for the full depth. The head of the foundation shall be so secured by welding or bolting as to ensure refusal to turning under normal conditions.
For all developments subject to the Residential Site Improvement Standards (RSIS), the design criteria set forth therein shall apply to the design of topsoil within the development. To this extent the following criteria are not covered by the RSIS, and for all subdivisions not subject to the RSIS, the following design criteria for topsoil shall apply:
A. 
The lot shall be subgraded to an elevation not less than four inches lower than the elevation indicated on the preliminary plat.
B. 
The topsoil shall then be placed in accordance with 7.5 of the Standard Specifications. The topsoil shall meet the following requirements:
(1) 
Topsoil shall contain no stones, lumps, roots or similar objects larger than two inches in any dimension, and shall have a pH value of not less than 5.8 nor more than 6.5. When the pH value of the topsoil is less than 5.8, it shall be increased by applying ground limestone at a rate necessary to obtain a pH value of 6.5.
(2) 
Topsoil shall have a minimum organic content of not less than 2.75% by weight. When the organic content of the topsoil is less than 2.75%, it shall be increased by adding peat at a rate necessary to obtain this minimum organic content. The organic content of soils shall be determined by the laboratory using the chronic acid ditration method as described in the United States Department of Agriculture's Circular 757. The gradation of the topsoil shall be determined by the laboratory using the Bouyouces Hydrometer Analysis conforming to the requirements of current AASHO Designation T 88. The gradation of the topsoil shall be in the following ranges: sand (2,000 millimeters to 0.050 mm.) 40% to 80%; silt (0.050 millimeters to 0.005 mm) 10% to 30%; clay (0.005 millimeters and smaller) 10% to 30% except that when 1/2 of the sand content is larger than 0.500 mm, the maximum sand content shall be 75% and the minimum clay content shall be 15%.
(3) 
Topsoil shall be placed in such a manner as to have a minimum depth of four inches after it has been thoroughly compacted by repeated watering. The Site Plan Inspector shall inspect the depth of the topsoil and certify as to its conformity.
A. 
Certification. The subdivider shall require the manufacturer or supplier to furnish two copies of the certification of compliance with each delivery of materials, components and manufactured items that are to be used to construct or install any of the items necessary as outlined in § 330-216 of this chapter. One copy shall be furnished to the inspecting engineer, and one copy shall be retained by the subdivider.
B. 
Testing.
(1) 
The subdivider shall, prior to the installation of any bituminous surface cover, have the thickness of the base course tested for compliance with the requirements. The inspecting engineer or his representative shall indicate the locations and shall measure the thickness. If the base course is determined to be inadequate, additional base material shall be added to bring the base course to the prescribed thickness.
(2) 
The subdivider shall have the bituminous surface course tested for compliance with the thickness requirements by coring. The inspecting engineer or his representative shall indicate the locations of the test corings and shall measure the thickness thereof. If the surface course is determined to be inadequate, an additional course of bituminous material shall be applied to bring the surface course to the prescribed thickness. Where an additional course of bituminous material is required, the Municipal Engineer shall determine if a tack coat of bituminous material is required prior to the additional thickness being applied.
A. 
No trees shall be planted within the Township right-of-way or within five feet of the Township right-of-way except as authorized by the Township.
B. 
The type of trees that may be planted within five feet of the Township right-of-way or near the public sidewalk shall be the type of trees that are not on the Township restricted list as prepared by the Shade Tree Commission and the Township Administrator.
The Township of Cinnaminson has determined that an environmental impact statement (EIS) serves to assess the environmental and ecological impacts of specific land development proposals and alerts the reviewing board and the applicant to potential risks and dangers. Where an analysis of an EIS determines that a situation is presented where adverse environmental impacts are real, substantial and not correctable by the applicant, the reviewing board may rely on these impacts as a basis for the denial of an application. The data set forth within an EIS may be used by the reviewing board to require specific conditions relating to site design or improvements which shall be met by the applicant to alleviate or rectify problems before development approval is granted. An EIS shall accompany all applications for preliminary plan approval of a major subdivision and major site plan application and shall provide the information needed to evaluate the effect of a proposed development upon the environment and shall include data distributed, reviewed and passed upon in accordance with the standards set forth below. Nothing herein contained shall eliminate the necessity to provide other information required by this chapter in the preparation of an EIS. Environmental impact statement submission requirements shall consist of the following:
A. 
Composite environmental constraints map. A composite environmental constraints map shall be prepared for each development application at the same scale required for the preparation of preliminary plats. The map shall indicate the following:
(1) 
The features for preservation.
(2) 
Features which represent any constraints for development, and shall generally indicate the following:
(a) 
The areas most suitable for development.
(b) 
The areas least suitable for development.
(c) 
Various degrees of suitability between these two extremes.
B. 
Environmental impact statement. The EIS shall contain data reflecting:
(1) 
A statement describing and explaining the impact and effect of the proposed subdivision upon the ecological systems and environment of Cinnaminson Township's lands and waters, giving consideration to the applicable natural processes and social values of:
(a) 
Geology.
(b) 
Aquifers.
(c) 
Hydrology.
(d) 
Depth to seasonal high water table.
(e) 
Flood hazard areas.
(f) 
Stormwater runoff.
(g) 
Soils.
(h) 
Potential soil loss.
(i) 
Soil nutrient retention.
(j) 
Vegetation.
(k) 
Wetland vegetation.
(l) 
Recreation value of vegetation.
(m) 
Historic value.
(n) 
Scenic features.
(o) 
Wildlife, high-value areas.
(p) 
Wildlife, rare and beneficial species.
(q) 
Water quality.
(r) 
Air quality.
(2) 
Specific plans proposed by the subdivider or developer to alter, preserve or enhance and mitigate or minimize adverse impacts on the natural resources and natural features of the land within the proposed subdivision or site plan.
(3) 
The status of all other permits required.
(4) 
A letter of interpretation (LOI) from the New Jersey Office of Freshwater Wetlands or United States Army Corps of Engineers identifying the presence of wetlands and establishment of wetland transition areas.
(5) 
Analysis of the impact to sanitary sewer and water capacity.
C. 
Test and samples.
(1) 
Test boring, percolation rates, water levels and groundwater samples shall be submitted by a licensed engineer in accordance with the following standards. Soil identification for test borings will be as per the Munsell Soil Color Chart. Soil borings/perc tests for major subdivisions and major site plans will be witnessed by the Board Engineer. The number of test holes shall be as follows:
Size of Site
(acres)
Number of Test Holes
Less than 2
1
2 to 3
3
4 to 5
6
6 to 10
8
11 to 40
10
41 to 100
16
Over 100
20
(2) 
These borings shall be distributed over the tract to adequately represent site conditions and shall be to a minimum depth of 10 feet.
D. 
Review process. Upon receipt of the application, the administrative officer shall forward the EIS to the Mayor's Advisory Environmental Committee and the appropriate reviewing board engineer and planner. The above-mentioned parties shall review the applicant's EIS and, if they have comments, shall report the same to the reviewing board within 30 days of the date of submission of a complete application. The reviewing board or the Mayor's Advisory Environmental Committee may require the opinion of the reviewing board engineer and planner in its review of the EIS. Fees for the cost of such consultation shall be paid by the applicant in accordance with § 330-63 of the Code of Cinnaminson Township. Copies of the EIS shall be maintained on file and available for inspection in the office of the administrative officer.
E. 
Approval or disapproval. Upon completion of all reviews and public hearing(s), the reviewing board shall either approve or disapprove the EIS as a part of its underlying function with respect to its review of the development application. In reaching a decision, the reviewing board shall take into consideration the effect of the applicant's proposed development upon all aspects of the environment as outlined above as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects.
F. 
Waiver. Notwithstanding the foregoing, the reviewing board may, at the request of the applicant, waive the requirement for an EIS if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project. At a minimum, however, a wetlands determination shall be submitted along with the name and address of the individual or company conducting the evaluation.
A. 
A traffic impact report shall accompany all applications for preliminary plan approval of major subdivisions and major site plans. The traffic impact report shall include information sufficient to demonstrate that satisfactory arrangements will be made to facilitate traffic movement on the roads adjoining the development and to assure proper circulation within the development. These arrangements may include provisions for necessary signalization, channelization, standby turn lanes, right-turn acceleration or deceleration lanes, added highway width, adequate warning signs and adequate storage area and distribution facilities within the development and off site to prevent the backup of vehicles on public streets. At a minimum, the traffic impact report shall address and include the following:
(1) 
Traffic volume developed from trip generation forecasts in accordance with standards contained in Trip Generation - An Informational Report, published by the Institute of Transportation Engineers, or other reliable reference sources.
(2) 
Traffic accidents, including the number of accidents which occurred at or in the proximity of the site within the last three years.
(3) 
Geometrics of the roadway, including the configuration of any adjacent intersections and adjacent roadway approaches.
(4) 
Roadway conditions, including the physical condition of the roadways leading to the site.
(5) 
Development potential of the surrounding area based upon a reasonable number of years into the future.
(6) 
Improvements based upon road classifications.
(7) 
Measures to correct existing road conditions.
(8) 
Estimated pro rata contributions of funds and/or land and/or construction of on- and off-tract improvements or rights-of-way.
B. 
Where applicable, the analysis should also include the impact of development of vacant land in adjacent municipalities where such development will impact on the circulation system affecting the proposed development site.
C. 
Notwithstanding the foregoing, the reviewing board may, at the request of the applicant, waive the requirement for a traffic impact statement if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible traffic impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the traffic impact of a particular project.
In reviewing preliminary major subdivision and site plan applications for 25 or more housing units, the reviewing board shall take into consideration methods of addressing the recycling goals of the Township. The applicant shall submit a recycling report which shall meet the following minimum requirements:
A. 
Submission requirements. A recycling report shall accompany all applications for preliminary plan approval of a major subdivision for 25 or more housing units, addressing the means of recycling for the proposed subdivision and taking into consideration methods of addressing the recycling goals of the Township. The recycling reports shall include the following:
(1) 
The materials to be collected.
(2) 
Where the materials will be stored.
(3) 
How the materials will be collected.
(4) 
Who will collect the materials.
(5) 
How often the materials will be collected.
(6) 
How much material will be generated.
(7) 
How much storage area is required for each material.
B. 
All outside storage areas for recyclables shall be enclosed with approved screening.
C. 
Design of containment areas for designated recyclable materials on residential sites.
(1) 
Definitions. All words used in this section shall have the same meanings as defined by § 330-2 of this Township Code.
(2) 
Design standards for common area recycling storage locations.
(a) 
In accordance with the municipal Recycling Ordinance located in Chapter 442, Article I, of the Township Code, every multifamily development, qualified private community and mobile home park within the municipality shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property.
(b) 
Each common area recycling storage location shall, at a minimum, conform to the following standards:
[1] 
The dimensions of the recycling storage location shall be sufficient to accommodate recycling containers which are of size and number as required by the Department of Solid Waste ("DSW") and which are consistent with current methods of collection utilized by the Burlington County Regional Program or the private collection company being utilized. The following tables indicate the minimum container capacity requirements for weekly recycling service and common container dimensions.
Minimum Container Capacity Requirements for Weekly Recycling Service
Dual-stream collection
Fiber
(paper and cardboard)
Commingled
(bottles and cans)
Non-age-restricted complex
One cubic yard of capacity for every 15 dwelling units
0.47 cubic yard (96 gallons) of capacity for every 18 dwelling units
Age-restricted complex
One cubic yard of capacity for every 20 dwelling units
0.47 cubic yard (96 gallons) of capacity for every 24 dwelling units
Single-stream collection
Fiber and commingled
--
Non-age-restricted complex
2 cubic yards of capacity for every 20 units
--
Age-restricted complex
1.4 cubic yards of capacity for every 20 units
--
Common Container Dimensions
Size
(cubic yards)
Length
(inches)
Width
(inches)
Height
(inches)
1
72
24
29
2
72
34
45 (rear)/34 (front)
3
72
43
48 (rear)/40 (front)
4
72
51
56 (rear)/46 (front)
6
80
66
71 (rear)/47 (front)
8
80
71
86 (rear)/53 (front)
[2] 
Unless expressly prohibited by a municipality, or not feasible due to existing site constraints, recycling containers for all Class A designated recyclables shall be co-located at all solid waste collection areas within the complex.
[3] 
The recycling storage locations shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably co-located, but clearly separated from refuse containers.
[4] 
Outdoor recycling storage locations shall include a concrete pad of the size as specified herein. The dimensions of the recycling storage location shall provide sufficient area for the required container(s).[1]
[1]
Editor's Note: The diagram, Common Area Recycling Storage Location (Dual Stream) Detail, is included at the end of this chapter.
[5] 
The recycling storage locations shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling areas without interference from parked cars or other obstacles. The following turning template can be used to plan vehicular accessibility to recycling storage locations:
[6] 
Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials or the bins or containers themselves.
[7] 
Signs as approved by the DSW clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.
[8] 
Each recycling area shall be enclosed on three sides by a solid fence or masonry enclosure six feet in height and shall be surrounded by landscaping. A durable, closable access gate on the fourth side should be provided.
(3) 
Recycling container storage design standards; new residential construction. In order to facilitate recycling in all new construction, and to avoid the creation of unhealthful or cramped storage situations, sufficient storage shall be available for recycling containers within all new construction of residential housing.
(a) 
Recycling storage locations. Curbside recycling container storage locations shall not include basements that require the negotiation of stairs or any location either above or below finished grade. Locations shall be on a hard-wearing, smooth, continuous surface with access to a path with a width of no less than three feet and headroom of not less than seven feet.
(b) 
Single-family and two-family dwellings. Each residential dwelling unit shall be designed to provide a curbside recycling storage container storage location containing, at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit, if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the property survey. This shall be done at the time of subdivision approval, if applicable, or at the time of zoning or building permit application.
(c) 
Multifamily and condominium complex dwellings. Curbside recycling container storage locations shall be provided for each multifamily and condominium complex dwelling where common area recycling storage locations are not otherwise provided. Each multifamily and condominium complex dwelling unit shall be designed to provide a curbside recycling container storage location containing, at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit, if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the site plans or subdivision plans.
(4) 
Construction. The terms and provisions of this Subsection C are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This Subsection C shall be construed in pari materi with the SWMA and the county plan.
A landscape plan prepared by a certified professional in accordance with applicable Administrative Code or statutory requirements shall be provided for preliminary plan approval of all major subdivisions and site plans. Landscaping shall be integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative and aesthetic manner as follows:
A. 
Natural topography and vegetation. The applicant shall use natural topography and vegetation where possible. Large parking areas are not to be stripped of vegetation without requiring reseeding or replanting of all unpaved areas.
B. 
Saving of trees. Every attempt shall be made by the applicant to save existing trees, even at the loss of parking spaces. Applicants are encouraged to save and preserve groupings or stands of trees. Care should be taken by the approving authority to properly evaluate site-clearing proposals, recognizing that trees often do not survive when their habitat is drastically altered. Where loss of trees is proposed, replacement shall be required.
C. 
Slopes. Slopes in excess of 3:1 shall be avoided unless necessitated by unusual site limitations. All slopes shall be stabilized in a manner acceptable to the approving authority engineer.
D. 
Parking areas in front of buildings. Parking lots located in front of buildings shall be landscaped to separate them from adjacent roadways.
E. 
Screen areas and buffers. Tall dense screens are required along nonpenetrable site lines, rear property lines and where commercial or industrial parking areas abut residences or residential zones. Evergreens, such as, but not limited to, white pine, Austrian pine, Canadian hemlock, Servian spruce, arborvitae and upright yews may be used, provided that they meet specific height requirements.
F. 
Driveways. The areas adjacent to the driveway shall be planted with low plants or grass. Appropriate low plants include but are not limited to butterfly bush, Sargent juniper, inkberry, Japanese barberry or shrubbery sinquefoil.
G. 
Other required landscaped areas. Where a development plan indicates raised walkways between opposing rows of cars, areas at the end of bays or, where proposed or required by the approving authority, specific planting islands are indicated, these areas shall be landscaped. Planting strips may be as narrow as 10 feet, with a fifteen- to twenty-foot width being most desirable. The applicant shall landscape at least 10% of all parking areas.
H. 
Natural setting. In proposing a landscaping plan, the applicant shall take care, and the approving authority in reviewing the same shall require, that a natural setting consistent with prevailing community standards be preserved. Recognizing that a major community asset lies in the preservation of the natural condition of property, all efforts in the area of landscaping shall be exercised to provide consistent landscaping proposals with existing foliage.
I. 
Waiver. Notwithstanding the foregoing, the reviewing board may, at the request of the applicant, waive the requirement for landscape plans or parts thereof.
J. 
Additional regulations.
(1) 
Planting in grass areas shall be provided equal to not less than 10% of the total parking area and shall be constructed using Class B concrete curb of six inches by eight inches by 18 inches around its perimeter.
(2) 
Landscaped areas shall be provided within the limits of the developed site and shall be equal to not less than 25% of the developed site area. Trees, shrubs, plantings and grass areas shall be considered as landscaped areas.
(3) 
The cost of site landscaping, excluding grass areas and existing trees/shrubs, shall be equal to not less than 5% of the total cost of all site improvements.
(4) 
When 10 or more parking spaces are required, the parking area shall be designed to incorporate within its limits shade trees, which shall be provided in planted areas at the rate of one tree per 10 spaces or fraction thereof and shall have not less than two-and-one-half-inch to three-inch calipers.
Each subdivider of land shall be required to include with the submission documents and subdivision plats a detailed program designed to prevent rodent infestation and, in the event of infestation, to control and terminate such rodent infestation. The Board of Health shall determine the acceptability of any rodent-control program submitted with the subdivider's proposed plats and/or other documents; and the Board of Health shall make visual inspections of the subdivision, as it may determine necessary, to ensure that the subdivider has prepared and successfully monitors and completes the rodent-control program.
There shall be included in any new multifamily housing development that requires subdivision or site plan approval, an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials.
A. 
The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the initial district recycling plan adopted pursuant to N.J.S.A. 13:1E-99.13, and any applicable requirements of the municipal Master Plan, adopted pursuant to N.J.S.A. 13:1E-99.13.
B. 
The recycling areas shall be conveniently located for the residential disposition of source-separated materials, preferably near but clearly separated from a refuse dumpster.
C. 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bin or containers placed therein against theft of recyclable materials, bins or containers.
D. 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collectible materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.
E. 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
F. 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
A. 
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following:
(1) 
Street paving, base and surface course.
(2) 
Street signs.
(3) 
Curbs.
(4) 
Sidewalks.
(5) 
Monuments.
(6) 
Storm sewers and other drainage structures.
(7) 
Approved sewer facilities.
(8) 
Streams.
(9) 
Topsoil.
(10) 
Fire hydrants.
(11) 
Recreational facilities.
(12) 
Streetlighting.
(13) 
Shade trees.
B. 
No final plat shall be approved by the Board until the completion of all such required improvements has been certified to the Board by the Site Plan Inspector, unless the subdivision owner shall have filed with the Township a performance guarantee sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Site Plan Inspector, and assuring the installation of such uncompleted improvements on or before an agreed date.
C. 
All such installations shall be properly connected with an existing system, or as approved by the Board, and shall be adequate to handle all present and probable future development.
D. 
All of the above-listed improvements shall be in accordance with the design standards of §§ 330-214 through 330-226 of this chapter and subject to inspection and approval by the Site Plan Inspector. The Site Plan Inspector shall be notified 24 hours prior to the start of the various phases of the work, and, if discontinued, shall again be notified when the work will be continued.
E. 
As a condition of final subdivision or site plan approval, the reviewing board shall require, for the purpose of assuring the installation of all improvements required under such approval, that the applicant furnish a performance guaranty in accordance with the following requirements and the provisions of N.J.S.A. 40:55D-53, 40:55D-53b, 40:55D-53.3, 40:55D-53.4 and 40:55D-53.5.
(1) 
The performance guaranty must run in favor of the Township and be in an amount not to exceed 120%, rounded to the nearest dollar, of the cost of installation of improvements the Township may deem necessary or appropriate, including, but not limited to, streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments [as shown on the final map and required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.)[1]], water main, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements and landscaping. Ten percent of the performance guaranty shall either be in cash or a letter of credit issued by a banking institution licensed to do business in the State of New Jersey; and the balance shall be in the form of a surety bond issued by a bonding company licensed to do business in the State of New Jersey or a letter of credit also issued by a banking institution licensed to do business in the State of New Jersey. Such bond or letter of credit must conform to statutory requirements and be approved and accepted by the Township Attorney. For good cause shown, the governing body may waive the ten-percent cash or letter of credit requirement upon the passage of a resolution setting forth the reasons for the waiver therein. The Board Engineer shall review the improvements required by the reviewing board which are to be bonded and itemize their cost. This itemization shall be the basis for determining the amount of the performance guaranty required by the Township, and the inspection fees based thereon, and the estimate shall be appended to the performance guaranty. The Board Engineer shall forward his/her estimate of the cost of improvements to the applicant within 30 days after the date of receipt of a request sent by certified mail for this estimate. In the event that any of the improvements to be installed are covered by a performance guaranty to another governmental agency, no performance guaranty shall be required from the Township for such improvements.
[1]
Editor's Note: Repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
(2) 
If, at any time during the period of time between acceptance of the initial performance guaranty and the date on which the Township Committee formally releases such performance guaranty, the Township Committee should have reasonable cause to doubt the value, legality, enforceability or effectiveness of such guaranty, all development activity for which such guaranty was established shall be discontinued until such time as a substitute guaranty, in form and substance equivalent to the guaranty which was required to be in place at the time the status of the original guaranty was questioned, shall be delivered to and accepted by the Township Committee. By way of illustration and not limitation, the following shall be instances of reasonable cause to doubt the value, legality, enforceability or effectiveness of such guaranties:
(a) 
The company issuing the bond shall cease to do business, declare insolvency or bankruptcy or be forced into involuntary bankruptcy.
(b) 
The bank, savings and loan, credit union, mortgage banking company or other banking or banking-like entity issuing a letter of credit shall become insolvent, be taken over by any governmental or quasi-governmental agency or company or otherwise cease to do business.
(c) 
The issuer of any performance guaranty shall serve on the Township notice of termination or cancellation of such guaranty.
F. 
The amount of any performance guarantee may be reduced by the Township Committee, by resolution, when portions of the improvements have been certified by the Site Plan Inspector to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Committee by resolution.
G. 
If the required improvements are not completed or corrected in accordance with the finally approved development plans and approvals, the obligor and surety shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township, either prior to or after the receipt of the proceeds of the performance guaranty, may complete such improvements.
H. 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of the same to the public system, the obligor may request of the governing body as provided in N.J.S.A. 40:55D-53(2)d(1) and (2) a list of all uncompleted or unsatisfactory completed improvements and the Township Engineer shall respond as required. The Township Committee thereafter shall, as provided in N.J.S.A. 40:55D-53(2)e(1), by resolution either approve or reject the improvements based on the Site Plan Inspector's report and authorize the amount of reduction to be made in the performance guarantee within 45 days of receipt of the list and report prepared by the Engineer. All procedures to be taken in conjunction with a reduction or release of the performance guarantee shall be in accordance with the provisions of N.J.S.A. 40:55D-53 et seq.
I. 
If any portion of the required improvements is rejected, the obligor shall complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.
J. 
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Site Plan Inspector for the foregoing inspection of improvements, pursuant to N.J.S.A. 40:55D-53h.
The subdivider shall observe the requirements and principles established in §§ 330-214 though 330-226 of this chapter in the construction and installation of all required improvements.
A. 
As a condition of the final release of all performance guaranties posted by an applicant with respect to any development approval within the Township, the applicant shall deliver to the Township Clerk, for the purpose of assuring that all improvements installed in accordance with such development approval have been installed in a good and workmanlike manner and that all materials are fit for their intended purpose, a maintenance guarantee in accordance with the following standards:
(1) 
The maintenance guarantee shall be for a period of two years commencing on the date that the Township Committee finally accepts the improvements as being complete, in an amount not to exceed 15% of the total cost of the improvements as set forth on the Site Plan Inspector's estimate for such improvements. In the event that other governmental agencies or public utilities automatically will own the utilities or improvements which are installed or the improvements are covered by a maintenance guarantee provided by the applicant to another governmental agency, no maintenance guarantee in favor of the Township shall be required for such utilities or improvements. Such maintenance guarantee shall be in the form of a surety bond issued by a surety licensed to do business in the State of New Jersey, or a letter of credit issued by a banking institution licensed to do business in the State of New Jersey. Such maintenance guaranty shall be approved and accepted by the Township Committee.
(2) 
If, at any time during the period of time prior to expiration of the maintenance guarantee, the Township Committee has reasonable cause to doubt the value, legality, enforceability or effectiveness of such guarantee, the obligor must deliver to the Township Clerk a substitute guaranty, in form and substance equivalent to the guarantee which was required to be in place at the time the status of the original guarantee was questioned. By way of illustration and not limitation, the following shall be instances of reasonable cause to doubt the value, legality, enforceability or effectiveness of such guarantees:
(a) 
The company issuing the bond shall cease to do business, declare insolvency or bankruptcy or be forced into involuntary bankruptcy.
(b) 
The bank, savings and loan, credit union, mortgage banking company or other banking or banking-like entity issuing a letter of credit shall become insolvent, be taken over by any governmental or quasi-governmental agency or company or otherwise cease to do business.
(c) 
The issuer of any performance guaranty shall serve on the Township notice of termination or cancellation of such guaranty.
B. 
If the Township determines that any improvements which are covered by such maintenance guarantee have not been completed in a good and workmanlike manner, or that any materials which were incorporated into such improvements are not fit for their intended purpose and the obligor, under such maintenance guaranty, has not corrected the improvements to the satisfaction of the Site Plan Inspector within 30 days after written notice of such defect, the obligor and the surety shall be liable on such guaranty to the Township for the reasonable cost of correcting and/or replacing such improvements, and the Township, either prior to or after the receipt of the proceeds of such guaranty, shall have the right, but not the obligation, to complete corrective work or replacements of such improvements which may be required.
This section is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development.
A. 
As a condition of final subdivision or site plan approval, the reviewing board may require an applicant to pay his/her pro rata share of the cost of providing reasonable and necessary off-tract improvements directly related to the development. These costs may include the acquisition of land and/or easements for, and construction of, improvements to traffic and pedestrian circulation, water, sewerage and drainage facilities, and shade trees that are located off tract of the property limits of the subdivision or development. This contribution is required because the improvements are necessitated or required directly by the development. In addition, a development may be liable for its share of the cost of the impact of the development to Township and/or regional capital improvements, provided that the cost shall not duplicate off-tract improvements for which the applicant is primarily responsible. The reviewing board shall provide in its resolution of approval the basis of the required improvements.
B. 
Full allocation. In cases where off-tract improvements are necessitated by the proposed development, and where no other property owner(s) receive(s) a special benefit thereby, the applicant may be required at his sole expense and as a condition of approval, to provide and install such improvements. In such case where the reviewing board determines that the full improvement is required to service this development, the applicant shall fully install the entire improvements at his expense with no reimbursement.
C. 
Proportionate allocation. Where it is determined that some properties outside the development will also be benefited by the off-tract improvements, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the applicant:
(1) 
Traffic and circulation. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets, and other associated street or traffic improvements shall be as follows:
(a) 
The Municipal Engineer, traffic engineer or planner shall provide the applicant with the existing and reasonably anticipated future peak-hour traffic for the off-tract improvement;
(b) 
The applicant shall furnish a plan for the proposed off-tract improvement which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak-hour traffic generated by the proposed development which is to be accommodated by the off-tract improvement to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:
Applicant's cost
Development peak-hour traffic to be accommodated by the enlargement or improvement
Total cost of enlargement or improvement
Capacity of enlargement or improvement (peak-hour traffic)
(2) 
Drainage improvements. The applicant's proportionate share of stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances thereto, and relocation or replacement of other storm drainage facilities or appurtenances associated therewith, shall be determined as follows:
(a) 
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in this chapter, computed by the applicant's engineer and approved by the Municipal Engineer.
(b) 
The capacity of the enlarged, extended, or improved system shall be determined by the applicant's engineer subject to approval of the Municipal Engineer. The plans for the improved system shall be prepared by the applicant's engineer and the estimated cost of the enlarged system calculated by the Municipal Engineer. The prorated share for the proposed improvement shall be computed as follows:
Applicant's cost
Development-generated peak rate of runoff expressed in cubic feet per second to be accommodated by the enlargement of improvement
Total cost of enlargement or improvement
Capacity of enlargement or improvement (total capacity expressed in cubic feet per second)
(3) 
Other improvements, other criteria. The reviewing board may also use any reasonable criteria to determine the proportionate share of such improvements as it feels are necessary to protect the health, safety and general welfare of the Township which are reasonable and necessary off-tract improvements directly related to the proposed development.
D. 
Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in a separate interest-bearing account to the credit of the Township of Cinnaminson until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all monies and interest shall be returned to the applicant.
E. 
Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements, based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the Township. Any assessments for benefits conferred made against the applicant or its successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the Township pertaining thereto. The applicant or its successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit previously deposited, and then only to the extent of the deficiency.
F. 
In the event that the applicant, with the Township's consent, decides to install and construct the off-tract improvements or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement or potion thereof constructed by the Township in the same manner as if the applicant had deposited its proportionate cost with the Township, as provided herein.
G. 
At the discretion and option of the Township and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-tract improvement.
H. 
Should the applicant and the Township enter into a contract for the construction and erection of the off-tract improvements to be done by the applicant, the applicant shall observe all requirements and principles of this chapter in the design of such improvements.
A. 
If, before final approval has been obtained, any person, corporation, firm or partnership transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such persons shall be subject to a fine not to exceed $500 or to imprisonment for not more than 30 days, and each parcel, plot or lots so disposed of shall be deemed a separate violation.
B. 
In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet the requirements for a building permit pursuant to N.J.S.A. 40:55D-32 et seq. or revision thereof, the municipality may institute and maintain a civil action:
(1) 
For injunctive relief.
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-1 et seq. or revisions thereof.
C. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or his successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey, expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years if unrecorded.
These rules, regulations and standards shall be considered minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Cinnaminson. Any action taken by the Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the Board may permit such variance or variances as may be reasonable and within the general purposes and intent of the rules, regulations and standards established by this chapter.