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.
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.
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:
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:
(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:
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.
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:
(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.
(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.
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.
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:
(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.
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:
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:
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:
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.
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:
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:
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.
