A. Forms for filing applications for development and
information regarding the steps to be taken, as well as the regular
meeting dates of the Land Use Board, shall be obtained by the applicant
from the Planning Board administrative officer.
[Amended 8-28-2014 by Ord. No. 9-2014]
B. Applications for site plan review approval, subdivision
approval, conditional use approval, planned development approval or
any other development within the jurisdiction of the Land Use Board
shall be submitted for filing with the Land Use Board administrative
officer at least 21 days prior to a work meeting of the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
C. The applicant shall submit for filing 20 copies of
all plats, maps or other plans required for a complete application,
and the applicant shall inform the Land Use Board administrative officer
within 48 hours of the filing. In the case of applications for final
approval of a major subdivision, the application shall include the
originals and processed tracings as required by the Map Filing Law,
N.J.S.A. 46:23-9.9 et seq. Any amended application, together with
any amended plats, maps or other plans, shall be submitted for filing
in the same manner as the original application.
[Amended 8-28-2014 by Ord. No. 9-2014]
D. All applications for development must meet the requirements set forth in §
170-32B and
C.
[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No.
13-1989]
E. Informal review of developer's concept plan. At the
request of the developer, the Land Use Board may grant an informal
review of a concept plan for a development for which the developer
intends to prepare and submit an application for development.
[Added 4-8-1993 by Ord. No. 6-1993;
amended 8-28-2014 by Ord. No. 9-2014; 4-19-2023 by Ord. No. 4-2023]
A. Site plans.
[Amended 8-28-2014 by Ord. No. 9-2014]
(1) Upon the submission of a complete application for
a site plan which involves 10 acres of land or fewer or 10 dwelling
units or fewer, the Land Use Board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the applicant.
(2) Upon the submission of a complete application for
a site plan which involves more than 10 acres or greater than 10 dwelling
units, the Land Use Board shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further
time as may be consented to by the applicant.
B. Conditional uses. Upon the submission of a complete
application for a conditional use, the Land Use Board shall grant
or deny preliminary approval of it within 95 days of the date of such
submission or within such further time as may be consented to by the
applicant.
[Amended 8-28-2014 by Ord. No. 9-2014]
C. Subdivisions.
(1) Upon the submission of a complete application for
a subdivision of 10 or fewer lots, other than a minor subdivision,
the Board shall grant or deny preliminary approval within 45 days
of the date of such submission or within such further time as may
be consented to by the applicant, except that if the application for
subdivision approval also involves an application for a variance,
the Board shall grant or deny preliminary approval within 95 days
of the date of such submission of a complete application or within
such further time as may be consented to by the applicant.
(2) Upon the submission of a complete application for
a subdivision of more than 10 lots, the Land Use Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the applicant.
[Amended 8-28-2014 by Ord. No. 9-2014]
D. Failure of the Land Use Board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the subdivision, site plan or conditional use as
submitted.
[Amended 8-28-2014 by Ord. No. 9-2014]
E. If the Land Use Board requires any substantial amendments
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application for development
shall be submitted and shall proceed as in the case of the original
application for development.
[Amended 8-28-2014 by Ord. No. 9-2014]
F. Nothing herein shall be construed to limit the right
of a developer to submit a sketch plat to the Land Use Board for an
informal review, and neither the Land Use Board nor the developer
shall be bound by any discussions or statements during such review,
provided that the right of the developer at any time to submit a complete
application for subdivision or site plan approval shall not be limited
to the submission of a sketch plat, and the time for Land Use Board
decision shall begin to run until the submission of a complete application.
[Amended 8-28-2014 by Ord. No. 9-2014]
G. The Land Use Board will not provide any professional
review outside the Land Use Board meeting to applicants without the
payment of a required escrow fee for review costs.
[Amended 8-28-2014 by Ord. No. 9-2014]
A. Preliminary approval of a major subdivision or site plan, except as provided in Subsection
B of this section, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
[Amended 2-25-1993 by Ord. No. 3-1993]
(1) That the general terms and conditions on which preliminary
approval was granted should not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks, if any; lot size, yard dimensions and off-tract improvements;
and, in the case of site plan, existing natural resources to be preserved
on the site; vehicular and pedestrian circulation, parking and loading;
screening, landscaping and the location of structures; and exterior
lighting for both safety reasons and streetlighting, except that nothing
herein shall be construed to prevent the Common Council from modifying
by ordinance such general terms and conditions of preliminary approval
as related to public health and safety.
(2) That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat or site
plan.
(3) That the applicant may apply for and the reviewing
Board may grant extensions of such preliminary approval for additional
periods of at least one year, but not to exceed a total extension
of two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
B. In the case of a subdivision or site plan of an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsection
A(1),
(2) and
(3) above for such period of time longer than three years as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised by ordinance, such revised standards may govern.
C. Whenever the Land Use Board grants an extension of preliminary approval pursuant to Subsection
A(3) or
B of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 2-25-1993 by Ord. No. 3-1993;
amended 8-28-2014 by Ord. No. 9-2014]
D. The Land Use Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Land Use Board from granting an extension pursuant to Subsection
A(3) or
B of this section.
[Added 2-25-1993 by Ord. No. 3-1993;
amended 8-28-2014 by Ord. No. 9-2014]
A. The reviewing board shall grant final approval if
the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval, the conditions of preliminary approval and, in
the case of a major subdivision, the standards prescribed by the Map
Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that in the case
of a planned development, the reviewing body may permit minimal deviations
from the conditions of preliminary approval necessitated by change
of condition beyond the control of the developer since the date of
preliminary approval without the developer's being required to submit
another application for development for preliminary approval.
B. Final approval shall be granted or denied within 45
days after submission of a complete application or within such further
time as may be consented to by the applicant. Failure of the reviewing
board to act within the period prescribed shall constitute final approval
of the application as submitted. A certificate of the Secretary of
the reviewing board as to failure of the reviewing board to act shall
be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other qualified evidence of
approval.
C. A complete application for final approval shall consist
of the following, where applicable:
(1) A properly completed final subdivision or site plan
approval form.
(2) The required fee or fees.
(3) A site plan in final form, including all the information
shown on the preliminary plat and the conditions of preliminary approval.
(4) A subdivision plat conforming to the Map Filing Law,
N.J.S.A. 46:23-9.9 et seq.
(5) A certificate of filing from the Pinelands Commission pursuant to §
170-32B or
C of this chapter or, where a prior local approval has been issued, the information required pursuant to §
170-32F.
[Amended 4-6-1989 by Ord. No. 5-1989]
A. Requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer pursuant
to this chapter, whether conditionally or otherwise, shall not be
changed for a period of two years after the date on which the resolution
of final approval is adopted, provided that in the case of major subdivisions,
the rights conferred by this section shall expire if the plat has
not been duly recorded within the time period provided in this chapter.
If the developer has followed the standards prescribed for final approval
and, in the case of a subdivision, has duly recorded the plat as required
in this chapter, the reviewing board may extend such period of protection
for extensions of one year, but not to exceed three extensions. Notwithstanding
any other provision of this chapter, the granting of final approval
terminates the time period of preliminary approval pursuant to this
chapter for the section granted final approval.
[Amended 2-25-1993 by Ord. No. 3-1993]
B. In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or a site plan of 150 acres or more, or site plan for development of a nonresdiential floor area of 200,000 square feet of more, the reviewing board may grant the rights referred to in Subsection
A of this section for such period of time longer than two years, as shall be determined the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible after final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the reviewing board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
[Amended 8-26-1999 by Ord. No. 16-1999]
C. Whenever the Land Use Board grants an extension of final approval pursuant to Subsection
A or
B of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 2-25-1993 by Ord. No. 3-1993;
amended 8-28-2014 by Ord. No. 9-2014]
D. The Land Use Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Land Use Board from granting an extension pursuant to Subsection
A or
B of this section.
[Added 2-25-1993 by Ord. No. 3-1993;
amended 8-28-2014 by Ord. No. 9-2014]
A. The Land Use Board may waive notice and public hearing
for an application for development if the Development Review Committee
finds that the application for development conforms to the definition
of "minor subdivision" set forth in this chapter. Minor subdivision
approval shall be deemed to be final approval of the subdivision by
the Board, provided that the Board may condition such approval on
terms ensuring the provision of improvements pursuant to this chapter.
[Amended 8-28-2014 by Ord. No. 9-2014]
B. Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application
or within such further time as may be consented to by the applicant.
Failure of the Land Use Board to act within the period prescribed
shall constitute minor subdivision approval, and a certificate of
the Secretary of the Land Use Board as to the failure of the Land
Use Board to act shall be issued on request of the applicant, and
it shall be sufficient in lieu of the written endorsement or other
evidence of approval herein required and shall be so accepted by the
County Clerk for purposes of filing subdivision plats.
[Amended 8-28-2014 by Ord. No. 9-2014]
C. Except as provided in Subsection
E of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted. Any such plat or deed accepted for such filing shall have been signed by the Chair and Secretary of the Land Use Board. In reviewing the application for development for a proposed minor subdivision, the Land Use Board may accept a plat not in conformity with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said law.
[Amended 2-25 1993 by Ord. No. 3-1993; 8-28-2014 by Ord. No. 9-2014]
D. The zoning district 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 herein.
[Amended 2-25-1993 by Ord. No. 3-1993]
E. The Land Use Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection
D if the developer proves to the reasonable satisfaction of the Land Use Board that the developer 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 that the developer 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 Land Use Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 2-25-1993 by Ord. No. 3-1993;
amended 8-28-2014 by Ord. No. 9-2014]
F. The Land Use Board shall grant an extension of minor
subdivision approval for a period determined by the Board, but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of minor subdivision approval or
the 91st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.
[Added 2-25-1993 by Ord. No. 3-1993;
amended 8-28-2014 by Ord. No. 9-2014]
[Amended 2-25-1993 by Ord. No. 3-1993; 8-28-2014 by Ord. No. 9-2014]
A. Final approval of a major subdivision shall expire
95 days from the date of signing of a plat unless, within such period,
the plat shall have been duly filed by the developer with the County
Clerk. The reviewing board may, for good cause shown, extend the period
of recording for an additional period not to exceed 190 days from
the date of signing of the plat. The Land Use Board may extend the
ninety-five-day or one-hundred-ninety-day period if the developer
proves to the reasonable satisfaction of the Land Use Board that the
developer was barred or prevented, directly or indirectly, from filing
because of delays in obtaining legally required approvals from other
governmental entities and that the developer 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 Land Use Board. The developer may
apply for an extension either before or after the original expiration
date.
B. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Land Use Board as indicated on the instrument by the signature of the Chair and Secretary of the reviewing board or a certificate has been issued pursuant to Sections 35, 38, 44, 48, 54 or 63 of P.L. 1975, c. 291, N.J.S.A. 40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67 or 40:55D-76. The signatures of the Chair and Secretary of the reviewing board shall not be affixed until the developer has posted the guaranties required pursuant to §
170-50 of this chapter.
[Amended 2-25-1993 by Ord. No. 3-1993; 4-8-1993 by Ord. No. 6-1993]
A. Site plan review and approval shall not be required
for:
(1) Building permits for individual lot applications involving
detached one-unit or two-unit dwelling buildings.
(2) Accessory uses for detached one-unit or two-unit dwelling
buildings.
(3) A sign for an existing use which meets all requirements
of this chapter, as determined by the Zoning Officer.
(4) Buildings incidental to an agricultural land use,
provided that they do not exceed 1,000 square feet and comply with
all respects with the terms of this chapter.
B. The Land Use Board when acting upon an application
for site plan approval shall have the power to grant exceptions and
waivers from the requirements for site plan approval, including all
of the requirements as may be reasonable and within the general purpose
and intent of the provisions for site plan review and approval of
this chapter if the literal enforcement of one or more provisions
of this chapter is impractical, unnecessary or will exact undue hardship
upon the developer because of peculiar conditions pertaining to the
land in question.
[Amended 8-28-2014 by Ord. No. 9-2014]
C. Site plan review may be waived by the Land Use Board
if it determines that the development would not result in any significant
impact on the site or surrounding area. An applicant must provide
sufficient information to demonstrate that the proposal will be in
compliance with all requirements of this chapter.
[Amended 8-28-2014 by Ord. No. 9-2014]
A. Applications for subdivision and site plan review and approval shall be made to the Egg Harbor City Land Use Board; procedures are contained in Article
X of this chapter.
[Amended 8-28-2014 by Ord. No. 9-2014]
B. Any application for subdivision or site plan review and approval shall include or be accompanied by adequate proof that no taxes or assessments for local improvements are due or delinquent on the subject property or evidence that the proposed subdivision or site plan conforms with all other applicable provisions of other sections of this chapter or, if not, the exact nature of any variance required. All applications for development must meet all Pinelands application requirements set forth in §
170-32B and
C.
[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No.
13-1989]
A. Proposed subdivisions that are found by the Development Review Committee to comply with the definition of a "minor subdivision" contained in §
170-17 of this chapter shall be considered and reviewed according to specific procedures contained in §
170-20 of this chapter. In the case of minor subdivisions, the Land Use Board may determine, either by general rule or in special cases, that a public hearing may be waived. The first approval given a minor subdivision shall be deemed to be final approval of the subdivision, provided that the Development Review Committee may condition such approval on terms ensuring the provision of improvements pursuant to §
170-36, if applicable.
[Amended 8-28-2014 by Ord. No. 9-2014]
B. The application form for minor subdivision review
shall be completed and shall be accompanied by a plat signed and sealed
by a licensed land surveyor, which plat shall be a certified survey
of the tract, at a suitable scale to enable the entire tract to be
shown on one sheet, and which shall show or include the following
information:
(1) A key map showing the entire subdivision in relation
to the surrounding area and roadway system; the key map shall be taken
from the Egg Harbor City Zoning Boundaries Map with the property plotted therein.
(2) All existing structures and wooded areas within the
parcel to be subdivided and within 200 feet of said parcel.
(3) The name and address of the owner and the name of
all property owners within 200 feet, as disclosed by the most recent
municipal tax records.
(4) The Tax Map sheet, block and lot numbers.
(5) All existing and proposed streets and easements, including
public utility easements, within or adjoining the proposed subdivision
with right-of-way widths clearly indicated.
(6) The dimensions of all proposed lot lines of all new
lots being created and parcels being retained and any existing lot
lines to be eliminated by the proposed subdivision shall be clearly
indicated.
(7) The location, size and direction of flow of all streams,
brooks, lakes, watercourses, drainage structures and drainage ditches
in the area to be subdivided and within 300 feet of the proposed subdivision.
(8) A North arrow, scale at which the plat is drawn and
date of preparation.
(9) Acreage of the entire tract and of new parcels being
proposed.
(10)
Number of new lots being created.
(11)
Name and address of the owner, subdivider and
person preparing the plat.
(12)
The classification of the zoning district or
districts in which the proposed subdivision is located.
(13)
The location of any proposed open space or recreation
areas.
(14)
Soil types shall be plotted on the plat as determined
from Soil Conservation Service Soil Survey Maps or a field survey
by a qualified soil scientist.
(15)
A plat or plan showing the location of all boundaries
of the subject property, the location of all proposed development
and existing or proposed facilities to provide water for the use and
consumption of occupants of all buildings and sanitary facilities
which will serve the proposed development. The following information
shall be included with respect to existing or proposed sanitary facilities:
(a)
On-site treatment and holding facilities: the
location, size, type and capacity of any proposed on-site wastewater
treatment or holding facilities or the location and size of sanitary
sewer collection lines.
(b)
Soil borings and percolation tests: If on-site
sewage disposal is proposed, results of soil borings and percolation
tests in accordance with N.J.S.A. 58:11-23 et seq. and the regulations
adopted pursuant thereto shall be submitted at suitable locations
with a tract map showing the location, logs and elevations of all
test holes, indicating where groundwater was encountered, estimating
the seasonal high-water table and demonstrating that such facility
is adequate to meet the water quality standards contained in this
article.
(16)
A certificate of filing from the Pinelands Commission pursuant to §
170-32B or
C, or where a prior local approval has been issued, the information required pursuant to §
170-32F.
[Amended 8-17-1989 by Ord. No. 13-1989]
A. Major subdivision sketch plats for discussion purposes shall be drawn to a scale of not less than one inch equals 200 feet and shall, as a minimum, include the items in §
170-29B(1) through
(14).
B. Applications for major subdivisions shall be made
for preliminary review and approval by the Egg Harbor City Land Use
Board on appropriate application forms to be provided by said Land
Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
C. Preliminary submission requirements. An application for preliminary plat review and approval shall include a completed application form and a certificate of filing from the Pinelands Commission pursuant to §
170-32 of this article, together with a preliminary plat which shall be clearly and accurately drawn or reproduced at a suitable scale of not less than one inch equals 100 feet, designed and drawn by a professional engineer and licensed land surveyor, with certification that outbounds of the tract have been accurately located; shall be designed in compliance with the provisions of Article
V of this chapter; and shall show or be accompanied by the following information:
(1) A key map, based on the Egg Harbor City Zoning Boundaries
Map, showing the entire subdivision, the proposed street pattern
in the area to be subdivided, the distance to the nearest existing
developed area and the relationship of the subject tract to the surrounding
area and road system.
(2) The name of the proposed subdivision; applicable Municipal
Tax Map sheets, block and lot numbers; and the date, reference meridian,
graphic scale and the following names and addresses:
(a)
The name and address of the record owner or
owners and the name of all adjoining property owners as disclosed
by the most recent municipal tax records.
(b)
The name and address of the subdivider.
(c)
The name and address of the person who prepared
the plat.
(3) Acreage of the tract to be subdivided to the nearest
tenth of an acre and the number of lots to be formed. The dimensions
of all proposed lot lines of all new lots being created and parcels
being retained to the nearest foot and any existing lot lines to be
eliminated by the proposed subdivision shall be clearly indicated.
(4) The location of existing and proposed property lines;
existing or proposed railroads or bridges; existing buildings and
structures, with an indication of whether they will be retained or
removed; proposed building setback lines from streets; and the outline
of any wooded areas, together with the limit of any proposed clearing.
Vegetation information may be required in any major subdivision application
at the request of the City Land Use Board.
[Amended 8-26-1999 by Ord. No. 16-1999; 8-28-2014 by Ord. No. 9-2014]
(5) Profiles and cross sections of proposed streets within
the subdivision and existing streets and highways abutting the subdivision.
Typical cross sections of streets shall clearly indicate the type
and width of paving, location of curb, location of sidewalks and street
tree locations. Buffer or screen planting locations, any existing
or proposed sight triangles at intersections and the radius of the
curblines shall be indicated.
(6) Elevation contours as outlined in §
170-31A(1)(l) of this chapter. All contour lines shall be referenced to the National Geodetic Vertical Datum, 1929. Appropriate contour designations shall show existing ground elevations and proposed elevations in any areas to be regraded.
(7) All existing watercourses shall be shown, and the
application shall include or be accompanied by the following data:
(a)
In cases where a brook or stream is proposed
for alteration, improvement or relocation or when any structures are
proposed within the ordinary high-water mark of a stream with a drainage
area of 1/2 square mile, a stream encroachment permit issued by the
New Jersey Division of Water Resources, Bureau of Water Control, shall
accompany the application.
(b)
Cross sections of all watercourses at an appropriate
scale, showing the extent of the floodplain, top of bank, normal water
level and abutting lot elevations at the following locations: any
point where the watercourse crosses the boundary of the subdivision;
at fifty-foot intervals for a distance of 300 feet upstream and adjacent
to the subdivision; immediately upstream and downstream of any point
of juncture of two or more watercourses; and at a maximum of three-hundred-foot
intervals along all watercourses which run through or adjacent to
the subdivision.
(c)
When ditches, streams, brooks or watercourses
are involved, improved or relocated, the method of stabilizing slopes
and measures to control erosion and siltation, as well as typical
ditch section profiles, shall be shown on the plat or accompanying
it.
(d)
The boundaries of the floodplain and special
flood hazard areas of all watercourses within or adjacent to the subdivision
as such are shown on the Egg Harbor City Flood Insurance Rate Maps.
(e)
Profile of streambed 300 feet upstream and downstream
from subject property limits.
(8) The total acreage of the drainage basin, upstream
of the proposed subdivision of any watercourse running through or
adjacent to said subdivision.
(9) The total acreage of the drainage basin (of which
the subdivision is a part) to the nearest downstream drainage structure.
(10)
The location and extent of drainage or conservation
easements and stream encroachment lines.
(11)
The location, extent and water level of all
existing or proposed lakes or ponds located within or adjacent to
the subdivision.
(12)
The plat shall show or be accompanied by plans
and computations for a storm drainage system, including the following:
(a)
All existing or proposed storm sewer lines within
or adjacent to the subdivision, showing size and the profile of the
lines, direction of flow and the location of manholes and inlets and
all calculation sheets used for the design of the proposed storm sewer
system.
(b)
The location and extent of any proposed dry
wells, groundwater recharge basins, retention basins or other water
conservation devices. Plans of proposed utility layouts (sewer, storm
drains, water, gas, electricity) shall be included and shall indicate
feasible connections to existing or any proposed utility systems.
Any sewage collection or water distribution system must have preliminary
approval by the Egg Harbor City Municipal Utilities Authority. When
a private centralized water supply or sewage facility system is proposed,
the plans for such system must have approval of the Egg Harbor City
Municipal Utilities Authority and appropriate county and state agencies.
When a public or acceptable private community sewage system is not
available or proposed for development within a reasonable period of
time as determined by the Land Use Board, uniformly distributed soil
borings to first groundwater or a maximum of 20 feet and percolation
tests as specified in the table below and the results, including the
date made, together with evidence of submission to the County Health
Department, must be submitted with the preliminary plat. The depth
to seasonal high water at each percolation test location shall also
be submitted. Any subdivision or part thereof that does not meet with
the established sewage collection and treatment requirements of this
chapter or other applicable Egg Harbor City regulations shall not
be approved. Any remedy proposed to overcome the shortcoming shall
be first approved by the appropriate local, county and state agencies.
In addition, soil borings and percolation tests shall be provided
at all dry wells, recharge basins and retention basins. Percolation
tests shall be taken at the approximate depth of the recharge facility.
All retention or detention facilities shall be designed to have a
minimum of two feet from the bottom of the facility to the maximum
groundwater, as determined by mottling or other approved methods.
[Amended 8-28-2014 by Ord. No. 9-2014]
|
Soil Borings and Percolation Tests (Individual
Septic Systems)
|
---|
|
Development Acreage
|
Number of Soil Borings
|
Number of Percolation Tests
|
---|
|
0 to 5
|
2
|
2
|
|
5 to 20
|
4
|
6
|
|
20 to 50
|
5
|
10
|
|
50 to 75
|
7
|
15
|
|
75 to 100
|
10
|
20
|
|
Over 100
|
1 per 10 acres
|
2 per 10 acres
|
(13)
Any lands to be dedicated or reserved for public
use shall be clearly indicated.
(14)
The location of all underground or surface utilities
and easements to accommodate them shall be clearly indicated.
(15)
A copy of any protective covenants or deed restrictions
proposed for application to the land being subdivided shall accompany
the preliminary plat.
(16)
The location of standards, distance from intersections
and illumination factors for all streetlighting shall be included.
(17)
An area acceptable to the Land Use Board as to location and shape, suitable for City recreation purposes, shall be shown. Such area shall comprise not less than 15% of the land area to be developed. Such parcels, when approved by the Land Use Board, constitute an amendment to the Egg Harbor City Comprehensive Plan and may be donated by the developer to the City or will be reserved for a period of one year from the date of preliminary approval, during which the City may institute acquisition procedures. All new residential development shall be required to comply with the requirements for common open space contained in §
170-103. All new residential development should be required to provide for the recreational needs of residents, and may be guided by the recommendation contained below. The Land Use Board may exercise discretion in allowing specific recreation improvements based upon the anticipated users of the facilities.
[Amended 6-24-2010 by Ord. No. 14-2010; 8-28-2014 by Ord. No. 9-2014]
Dwelling Units
|
Land
|
Tot Lots
|
Tennis Courts
|
Basketball Courts
|
Play Fields
|
Multipurpose
|
---|
1 to 4
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
5 to 24
|
*
|
1
|
N/A
|
N/A
|
N/A
|
N/A
|
25 to 49
|
*
|
1
|
N/A
|
1
|
N/A
|
N/A
|
50 to 99
|
*
|
1
|
1
|
1
|
N/A
|
N/A
|
100 to 199
|
*
|
2
|
2
|
1
|
N/A
|
N/A
|
200 to 249
|
*
|
2
|
2
|
1
|
1
|
1
|
250 to 349
|
*
|
2
|
3
|
1
|
1
|
1
|
350 to 449
|
*
|
2
|
4
|
2
|
1
|
1
|
*Note: 0.05 acre per dwelling unit plus 5% of the gross site
area for undeveloped passive recreation.
|
(18)
A soil erosion and sediment control plan.
(19)
A list of other agencies requiring their approval
and the status of the application of these agencies.
(20)
Copies of all documents submitted to the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.2(b)5.
[Added 5-13-1993 by Ord. No. 8-1993]
(21)
Any development proposal for the construction of 50 or more
units of single-family residential housing or 25 or more units of
multifamily residential housing and any commercial or industrial development
proposal for the utilization of 1,000 square feet or more of land
shall provide a written plan and illustrative plan for the collection,
disposition and recycling of recyclable materials.
[Added 6-24-2010 by Ord. No. 14-2010]
(22)
A developer of 10 or more units of residential housing shall
prepare calculations of the future residents and school age children
using the following multipliers. Alternate calculations submitted
by the developer may be used if the Land Use Board finds the multipliers
acceptable. Alternate calculations would be expected for specialized
housing such as age-restricted housing, assisted living or college
dormitories.
[Added 6-24-2010 by Ord. No. 14-2010; amended 8-28-2014 by Ord. No. 9-2014]
(a)
Population.
[1]
Data for determining population. (Source: Listokin, New Jersey
Demographic Multipliers, 2006.)
|
Unit Type
|
Residents
|
---|
|
Single-family detached
|
|
|
|
2 to 3 bedrooms
|
2.822
|
|
|
4 to 5 bedrooms
|
3.728
|
|
Single-family attached and townhouses
|
|
|
|
2 to 3 bedrooms
|
2.232
|
|
|
4 to 5 bedrooms
|
3.255
|
|
5+ units apartment
|
|
|
|
0 to 1 bedroom
|
1.278
|
|
|
2 to 3 bedrooms
|
2.030
|
|
2 to 4 units
|
|
|
|
0 to 1 bedroom
|
2.078
|
|
|
2 to 3 bedrooms
|
2.571
|
[2]
Method of calculating population for development. Determine
the total number of dwelling units by type and bedroom count; multiply
each by the resident factor. Add the results of each calculation to
determine the total projected population.
(b)
School-age children.
[1]
Data for determining school-age children. (Source: Listokin,
New Jersey Demographic Multipliers, 2006.)
|
Unit Type
|
Total School-Age Children
|
---|
|
Single-family detached
|
|
|
|
2 to 3 bedrooms
|
0.537
|
|
|
4 to 5 bedrooms
|
1.049
|
|
Single-family attached and townhouses
|
|
|
|
2 to 3 bedrooms
|
0.317
|
|
|
4 to 5 bedrooms
|
0.689
|
|
5+ units apartment
|
|
|
|
0 to 1 bedroom
|
0.052
|
|
|
2 to 3 bedrooms
|
0.251
|
|
2 to 4 units
|
|
|
|
0 to 1 bedroom
|
0.523
|
|
|
2 to 3 bedrooms
|
0.581
|
[2]
Method of calculating school-age children for development. Determine
the total number of dwelling units by type and bedroom count; multiply
each by the school-age children factor. Add the results of each calculation
to determine the total projected school-age children population by
level.
D. Final submission requirements. Final submission plats
shall be accompanied by an appropriate completed application form,
shall be drawn in ink on translucent tracing cloth or its equivalent
at a suitable scale and shall comply with all provisions of the Map
Filing Law (N.J.S.A. 46:23-9.9 et seq.). The final plat shall show
or be accompanied by only that information and those details specified
in the aforementioned New Jersey Map Filing Law or in the following
list:
(1) The date, location and name of the subdivision, names
of the owners, graphic scale and reference meridian.
(2) 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, lot lines and other site lines, all with
accurate dimensions, bearings or deflection angles, and radii, arcs
and central angles of all curves. Distances and bearings shall be
on North American Datum of 1927 or North American Datum of 1983, as
specified by the Municipal Engineer.
[Amended 2-25-1993 by Ord. No. 3-1993]
(3) 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.
(4) All natural and artificial watercourses, streams, shorelines water boundaries and encroachment lines shall be shown. Final stormwater outfalls in retention basins or other receiving bodies of water shall be identified by coordinates based on the datum specified in Subsection
D(2) above.
[Amended 2-25-1993 by Ord. No. 3-1993]
(5) Each block shall be numbered, and the lots within
each block shall be numbered consecutively beginning with Number 1.
(6) Minimum building setback lines on all lots and other
sites.
(7) The location and description of all monuments.
(8) Names of owners of adjoining land parcels.
(9) Certification by a licensed land surveyor as to the
accuracy of details of the plat.
(10)
Certification that the applicant is the owner
or equitable owner of the land, or a representative thereof, or that
the owner has given consent under an option agreement.
(11)
An updated certification from the Tax Collector
that there are no delinquent taxes charged to the property involved
in the subdivision.
(12)
The preliminary plat, engineering details, cross
sections and profiles of streets and plan and profiles of storm drainage
systems, approved by the City Engineer, shall be required to accompany
the final plat, with all conditions of preliminary approval met and
reviewed by the Engineer prior to final plat submission.
(13)
If applicable, plans and profiles of sanitary
sewers and water mains, approved by the Municipal Sewerage Authority,
will be required to accompany the final plat.
(14)
When approval of a plat is required by an officer
or body of the municipality or county or state, approval shall be
certified on the plat prior to its filing in the office of the County
Clerk.
(15)
All approvals, notices and permits from other agencies. (See §
170-32 of this article for Pinelands requirements.)
(16)
Performance guaranties, approved by the Municipal
Solicitor as to form and the Municipal Engineer as to amount, sufficient
to ensure the satisfactory completion of improvements and facilities
as required by the resolution of the Land Use Board granting preliminary
approval. The developer's engineer shall submit a detailed engineer's
estimate for review and approval by the Municipal Engineer.
[Amended 8-28-2014 by Ord. No. 9-2014]
(17)
Whenever the Land Use Board is acting upon a subdivision review
and approval and a developer is required to provide landscaping and
open space pursuant to requirements of the Egg Harbor City Developmental
Ordinance or any adopted Redevelopment Plan, a developer may request
that a portion of the requirement be waived if a monetary contribution
is made to the City for development of landscaping or open space at
another site found acceptable to the City. The amount of the contribution
shall be reviewed and approved by the Land Use Board Planner and Engineer.
[Added 10-24-2013 by Ord. No. 14-2013; amended 8-28-2014 by Ord. No. 9-2014]
In cases requiring site plan review and approval, applications for development shall be in accordance with the provisions of §
170-20 and shall be accompanied by information and documentation specified in this section.
A. Preliminary submission requirements.
(1) Site plans submitted for conventional developments
shall include materials that clearly show conditions on the site at
the time of the application, the features of the site which are to
be incorporated into the proposed development and the appearance and
function of the proposed development. The various elements of the
site plan shall be prepared by the professionals as required in N.J.A.C.
13:40-7.1, licensed to practice in the State of New Jersey, according
to the following instructions and including the following information
and data:
(a)
Site plans shall be drawn to a scale of not
less than 100 feet to the inch. All distances shall be in decimals
of a foot, and all bearings shall be given to the nearest tenth of
a second, and the error of closure of the tract shall be one in 10,000
and certified by a licensed land surveyor. Distances and bearings
shall be on the North American Datum of 1927 or North American Datum
of 1983, as specified by the Municipal Engineer.
[Amended 2-25-1993 by Ord. No. 3-1993]
(b)
A key map showing the entire parcel to be developed
and its relation to the surrounding area, based on the Egg Harbor
City Zoning Map.
(c)
Title of development, North point, scale, name,
address of record owner and persons preparing the site development
plan, with their seal and signature affixed to said plan.
(d)
The name of the owners of record of all adjacent
properties and the block and lot numbers of such adjacent properties.
(e)
All existing school, zoning and special district
boundaries located on or adjacent to the property involved. Such boundaries
shall be shown on the key map accompanying the detailed site plan.
(f)
The boundaries of the property involved, building
or setback lines and lines of existing streets, lots, reservations,
easements and other areas dedicated to public use.
(g)
The location of existing buildings and all other
structures, such as but not limited to signs, culverts, bridges (with
spot elevations of such structures), walls, fences, roadways and sidewalks.
(h)
The location of all proposed use areas, buildings,
structures, including fences, roadways and sidewalks, and special
sites for individual uses, all including proposed grades.
(i)
The location and design of any off-street parking
or loading areas, showing the size and location of bays, aisleways,
barriers, pedestrian access, vehicular access and the number of parking
or loading spaces.
(j)
All means of vehicle access and egress proposed
for the site, showing the size and location of driveways and driveway
or curb openings to existing public streets.
(k)
The location of all storm drainage pipes, structures and watercourses, whether publicly or privately owned, with pipe sizes, grades and direction of flow, whether existing or proposed, and also whether above or below the ground surface. Final stormwater outfalls in streams, swales, retention basins or other receiving bodies of water shall be identified by coordinates based on the datum specified in Subsection
A(1)(a), above.
[Amended 2-25-1993 by Ord. No. 3-1993]
(l)
Existing topography, with a contour interval
of one foot where slopes are 3% or less, two feet where slopes are
more than 3% but less than 15% and five feet where slopes are greater
than 15%, referenced to the National Geodetic Vertical Datum, 1929,
and indicated by a dashed line. Where any regrading is proposed, finished
grade contours should be shown in solid lines.
(m)
The location of existing high points, depressions,
ponds, marshes, wooded areas and other significant existing natural
features. Vegetation information may be required at the request of
the City Land Use Board. Watercourses and public roads located within
1,000 feet of the site shall be shown on the key map.
[Amended 8-26-1999 by Ord. No. 16-1999; 8-28-2014 by Ord. No. 9-2014]
(n)
A certified survey prepared by a land surveyor licensed
in the State of New Jersey shall accompany site plans and shall show
the boundaries of the parcel and the limits of all proposed streets,
recreation areas and other property to be dedicated to public use
or to common open space. In the case of new commercial, industrial
or public buildings, the site plan shall be accompanied by preliminary
architectural floor plans and elevations, with the name, address,
professional number and seal of the architect involved.
(o)
All proposed street profiles and cross sections
shall be shown, indicating width of sidewalks and location and size
of utility lines according to standards and specifications of Egg
Harbor City. Such features are to be shown on a separate map when
necessary.
(p)
Location of all proposed sewer and water lines,
valves, hydrants and other appurtenances or alternative means of water
supply and sewage disposal and treatment in conformance with applicable
standards of the appropriate City, county and state agencies.
(q)
The proposed positioning, direction, illumination, wattage and periods of operation of all proposed outdoor lighting to be used anywhere on the site or in connection with any proposed building or structure, including signs, thereon. Standards are outlined in §
170-66 of this chapter.
(r)
Location of all proposed signs, their size,
nature of construction, height and orientation, including all identification
signs, traffic and directional signs and freestanding and facade signs,
together with the nature and time control of sign lighting.
(s)
Proposed screening and landscaping plan incorporating the elements set forth in §
170-73A(4).
[Amended 7-24-1997 by Ord. No. 7-1997]
(t)
A copy of any covenants or deed restrictions
that are intended to cover all or any part of the tract.
(u)
An internal surface drainage plan designed to
produce no greater volume of surface runoff from the site subsequent
to development than that existing prior to development.
(v)
Such other information or data as may be required
by the Land Use Board, as set forth in its rules of procedure, in
order to determine that the proposed development is in accord with
the City Master Plan and all applicable ordinances of Egg Harbor City.
[Amended 8-28-2014 by Ord. No. 9-2014]
(w)
A listing of other required permits from agencies
having jurisdiction and the status of each permit required.
(x)
Copies of all documents submitted to the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.2(b)5.
[Added 5-13-1993 by Ord. No. 8-1993]
(y) In all residential developments, land area shall be reserved for recreation consistent with the requirements found in §
170-30C(17). New residential developments shall also provide for recreational needs of residents as provided for in §
170-30C(17).
[Added 6-24-2010 by Ord. No. 14-2010]
(z) Any development proposal for the construction of 50 or more units
of single-family residential housing or 25 or more units of multifamily
residential housing and any commercial or industrial development proposal
for the utilization of 1,000 square feet or more of land shall provide
a written plan and illustrative plan for the collection, disposition
and recycling of recyclable materials.
[Added 6-24-2010 by Ord. No. 14-2010]
(aa) A developer of 10 or more units of residential housing shall prepare calculations of the future residents and school-age children using the multipliers contained in §
170-30C(22).
[Added 6-24-2010 by Ord. No. 14-2010]
(2) In any case of any planned development, the application
for site plan review shall be accompanied by 15 copies of all site
plans and other documenting material. Prior to the determination of
completeness of application for preliminary approval of any planned
development under the terms of this chapter, the Land Use Board administrative
officer shall, insofar as possible, secure the advice of the City
Engineer and all other experts hired by the Land Use Board to review
planned development applications concerning the adequacy of plans
submitted and the completeness of the submission. In addition to the
materials and data required in connection with conventional site plan
applications as set forth above, an application for planned development
shall show or be accompanied by:
[Amended 8-28-2014 by Ord. No. 9-2014]
(a)
An open space management report setting forth
the form of organization proposed to own or maintain the common open
space. Information shall be provided establishing that the association
or other entity proposed to administer such common open space will
have adequate funding and a sufficient organization to properly maintain,
repair and replace such open space and its structures and facilities.
(b)
The use, approximate height and bulk of proposed
buildings and other structures.
(c)
Modifications of existing City ordinance requirements
governing streets or ways or the use, density and location of buildings
or structures being requested.
(d)
The projected schedule for development and the
approximate times when final approvals will be requested.
(e)
A statement as to why the public interest would
be served by the proposed development.
B. Final submission requirements. Site plans shall be submitted for final approval in accordance with the provisions of §
170-20 and shall contain or be accompanied by the following:
(1) Information and data contained in the submission for
preliminary approval. Final site plans shall be drawn to a scale of
not less than 50 feet to the inch.
(2) Any site plan revisions, additional data or revised
documentation required by the Land Use Board in its resolution granting
preliminary approvals.
[Amended 8-28-2014 by Ord. No. 9-2014]
(3) An offer of dedication of streets or other public
ways and a deed for any public open space resulting from preliminary
development approval.
(4) Performance guaranties, approved by the Municipal
Solicitor as to form and the Municipal Engineer as to amount, sufficient
to ensure the satisfactory completion of improvements and facilities
as required by the resolution of the Land Use Board granting preliminary
approval. The developer's engineer shall submit a detailed engineer's
estimate to review and approval by the Municipal Engineer.
[Amended 8-28-2014 by Ord. No. 9-2014]
(5) A statement from the Municipal Engineer that adequate
construction plans for all streets, drainage and other facilities
covered by the City standards are adequate and comply with City standards.
(6) All approvals from other agencies having jurisdiction, including a letter of comment/no comment by the Pinelands Commission pursuant to §
170-32 of this article.
(7) Whenever the Land Use Board is acting upon a site plan review and
approval and a developer is required to provide landscaping and open
space pursuant to requirements of the Egg Harbor City Developmental
Ordinance or any adopted Redevelopment Plan, a developer may request
that a portion of the requirement be waived if a monetary contribution
is made to the City for development of landscaping or open space at
another site found acceptable to the City. The amount of the contribution
shall be reviewed and approved by the Land Use Board Planner and Engineer.
[Added 10-24-2013 by Ord. No. 14-2013; amended 8-28-2014 by Ord. No. 9-2014]
C. Common open space documents. These documents shall
ensure the adequate organization and financial soundness of the association
or other entity proposed to own or maintain the common open space.
Such documents shall include:
(1) Articles of incorporation for any homeowner's association,
condominium association or other organization to be established to
maintain the common open space.
(2) A master deed or declaration of covenants and restrictions
detailing the rights and privileges of individual owners and residents,
restricting the use of the common open space and establishing a system
of fees assessed against individual owners. A proposed schedule of
membership fees for at least the first five years of operations shall
be provided.
(3) Bylaws and membership rules and regulations of any
such organization defining the details of its organization and operation.
A. Applicability of procedures.
(1) No person shall carry out any development within the
Pinelands Area without obtaining approval from an approval agency
and without obtaining development approval in accordance with the
procedures set forth in this article.
(2) Except as provided in Subsection
A(3) below, the following shall not be subject to the procedures set forth in this section:
[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No.
7-1997]
(a)
The improvement, expansion or reconstruction
within five years of destruction or demolition of any single-family
dwelling unit or appurtenance thereto.
(b)
The improvement, expansion, construction or
reconstruction of any structure accessory to a single-family dwelling.
(c)
The improvement, expansion, construction or
reconstruction of any structure used exclusively for agricultural
or horticultural purposes.
(d)
The construction, repair or removal of any sign,
except for the construction or replacement of any off-site commercial
advertising sign.
(e)
The repair of existing utility distribution
lines and the installation of utility distribution lines except for
sewage lines to serve areas which are effectively developed or development
which has received all necessary approvals and permits.
(f)
The clearing of less than 1,500 square feet
of land.
(g)
The construction of any addition or accessory structure for
any nonresidential use or any multifamily residential structure provided
that:
[Amended 11-8-2018 by Ord. No. 14-2018]
[1]
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
[2]
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(h)
The demolition of any structure that is less
than 50 years old.
(i)
The repair or replacement of any existing on-site
wastewater disposal system.
(j)
The repaving of existing paved roads and other paved surfaces,
provided no increase in the paved width or area of said roads and
surfaces will occur.
[Amended 11-8-2018 by Ord. No. 14-2018]
(k)
The clearing of land solely for agricultural or horticultural
purposes.
[Amended 11-8-2018 by Ord. No. 14-2018]
(l)
Fences, provided that no more than 1,500 square
feet of land is to be cleared.
(m)
Aboveground telephone equipment cabinets.
(o)
The following forestry activities:
[1]
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size.
[2]
Tree harvesting, provided that no more than
one cord of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year.
[3]
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than that caused by the planting activity and no trees
other than those authorized by N.J.A.C. 7:50-6-25 are to be planted.
[4]
Forest stand improvement designed to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year.
(p)
Prescribed burning and clearing and maintaining
of firebreaks.
(q)
Normal and customary landscape planting, unless a landscaping plan is required pursuant to Section
170-31A(1)(t) or
170-73A(3).
(r)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 11-8-2018 by Ord.
No. 14-2018]
(s)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 11-8-2018 by Ord.
No. 14-2018]
(t)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 11-8-2018 by Ord.
No. 14-2018]
(u)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 11-8-2018 by Ord.
No. 14-2018]
(3) The exceptions contained in Subsection
A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
[Added 4-6-1989 by Ord. No. 5-1989]
(4) Nothing herein shall preclude any local or state agency
from reviewing, in accordance with the provisions of any applicable
ordinance or regulation, any proposed development which does not require
an application to the Pinelands Commission pursuant to this section.
[Added 4-6-1989 by Ord. No. 5-1989]
B. Any application for approval of minor development
shall include at least the following information:
[Amended 4-6-1989 by Ord. No. 5-1989]
(1) The applicant's name and address and his/her interest
in the subject property.
(2) The owner's name and address, if different from the
applicant's, and the owner's signed consent to the filing of the application.
(3) The legal description, including block and lot designation
and street address, if any, of the subject property.
(4) A description of all existing uses of the subject
property.
(5) A brief written statement generally describing the
proposed development.
(6) A United States Geological Survey Quadrangle Map,
or copy thereof, and a copy of the Municipal Tax Map sheet on which
the boundaries of the subject property and the Pinelands Management
Area designation and the zoning designation are shown.
(7) A plat or plan, as required in §
170-29B(15), showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:
(a)
On-site treatment facilities: the location,
size, type and capacity of any proposed on-site wastewater treatment
facilities.
(b)
Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in §
170-53 below.
(8) A location map, including the area extending at least
300 feet beyond each boundary of the subject property, showing ownership
boundary lines, the boundary of the proposed development, owners of
holdings adjoining and adjacent to the subject property, existing
facilities, buildings and structures on the site, all proposed development,
wetlands, streams (including intermittent streams), rivers, lakes
and other water bodies and existing roads.
(9) A soils map, as required in §
170-29B(14), including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development.
(10)
A map showing existing vegetation, identifying
predominant vegetation types in the area and showing proposed landscaping
of the subject property, including the location of the tree line before
and after development and all areas to be disturbed as a result of
the proposed development.
(11)
A certificate of filing from the Pinelands Commission, as required in §
170-29B(16), issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.
(12)
When prior approval for the development has been granted by an approval authority, evidence of Pinelands Commission review pursuant to Subsection
E below.
C. Special submission requirements for other development.
[Amended 4-6-1989 by Ord. No. 5-1989]
(1) All applications for major development, other than
forestry and resource extraction operations, shall be accompanied
by the information required in N.J.A.C. 7:50-4.2(b)5, as well as the
following:
(a)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the interim rules and regulations.
(b)
When prior approval for the development has been granted by an approval authority, evidence of Pinelands Commission review pursuant to Subsection
E below.
(2) Any application for approval of forestry operations shall be subject to the requirements of Note 8, §
170-60C.
D. Notices to the Pinelands Commission.
[Amended 4-6-1989 by Ord.
No. 5-1989; 8-17-1989 by Ord. No. 13-1989; 11-8-2018 by Ord. No. 14-2018]
(1) Application submission and modifications. Written notification shall
be given by the City, by email or regular mail, to the Pinelands Commission
within seven days after a determination is made by the City that an
application for development in the Pinelands Area is complete or if
a determination is made by the approval agency that the application
has been modified. Said notice shall contain:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed.
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(e)
The date on which the application, or any change thereto, was
filed and any application number or other identifying number assigned
to the application by the approval agency.
(f)
The approval agency with which the application or change thereto
was filed.
(g)
The content of any change made to the application since it was
filed with the Commission, including a copy of any revised plans or
reports.
(h)
The nature of the municipal approval or approvals being sought.
(2) Hearings. Where a meeting, hearing or other formal proceeding on
an application for development approval in the Pinelands Area is required,
the applicant shall provide notice to the Pinelands Commission by
email, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(a)
The name and address of the applicant.
(b)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(c)
The date, time and location of the meeting, hearing or other
formal proceeding.
(d)
The name of the approval agency or representative thereof that
will be conducting the meeting, hearing or other formal proceeding.
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission.
(f)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
(3) Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction, of any approval
agency or an appeal of any agency's decision. The applicant shall,
within five days of the approval or denial, give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(d)
The date on which the approval or denial was issued by the approval
agency.
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission.
(f)
Any revisions to the application not previously submitted to
the Commission.
(g)
A copy of the resolution, permit or other documentation of the
approval or denial. If the application was approved, a copy of any
preliminary or final plan, plot or similar document that was approved
shall also be submitted.
E. Review by Pinelands Commission. Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection
D(3) above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through 7:50-4:43. The approval of the City shall not be effective, and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed. Pursuant to N.J.A.C. 7:50-4.1(b), and until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the interim rules and regulations shall serve as the basis for Pinelands Commission review of local approval under this section. Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.
[Amended 4-6-1989 by Ord. No. 5-1989]
F. Condition on prior approvals by City. Where a prior
approval has been granted by the City, no subsequent approval of an
application for development approval shall be obtained until one of
the following is satisfied:
(1) Notification is received from the Pinelands Commission
that review of the City's approval is not required; or
(2) Review of the City's approval has been completed pursuant
to N.J.A.C. 7:50-4.37 through 7:50-4.42, and a final order regarding
the approval is received by the City from the Pinelands Commission.
[Amended 4-6-1989 by Ord. No. 5-1989]
G. Effect of Pinelands Commission's decision on City's
approval. If the Pinelands Commission disapproves an application for
development previously approved by an approval agency, such approval
shall be revoked by the approval agency within 30 days of the Commission's
action, and the agency shall thereafter deny approval of the application.
If the Commission approves the decision of an approval agency subject
to conditions, the approval agency which had previously approved the
application shall, within 30 days, modify its approval or include
all conditions imposed by the Commission and, if final approval of
the application is required, shall grant final approval only if the
application for approval demonstrates that the conditions specified
by the Commission have been met by the applicant.
[Amended 4-6-1989 by Ord. No. 5-1989]
H. Participation of Pinelands Commission in public hearings.
The Pinelands Commission may participate in a hearing held in the
City involving the development of land in the Pinelands Area pursuant
to N.J.A.C. 7:50-4.36.
[Amended 4-6-1989 by Ord. No. 5-1989]
I. Public development. All development proposed by the City or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Article
I of this chapter.
[Amended 4-6-1989 by Ord. No. 5-1989]
J. Amendments. In amending this chapter, the City's Master
Plan or any other ordinance regulating the use of land, the City shall
comply with all the requirements of N.J.A.C. 7:50-3.45.
[Amended 8-28-2014 by Ord. No. 9-2014]
The Land Use Board may waive any of the requirements
or details specified to be shown on the site plan in the case of a
particular application if the applicant can demonstrate to the Land
Use Board's satisfaction that certain required site plan data are
not necessary to be shown in order for the Land Use Board to be able
to determine clearly that all Comprehensive Plan proposals and policies
and all Egg Harbor City ordinance provisions will be complied with
by the proposed developer and that the proposed development will have
no deleterious effect on neighboring properties. Before waiving any
application requirements, the Land Use Board shall, on advice of its
professional advisors, make a finding that the development plan in
question will provide sufficient materials and information to assure
the adequate protection of the health, safety and public welfare of
the people of Egg Harbor City. This section also refers to site plan
submittals to the Land Use Board.
Design standards are found in other sections
of this article.
[Amended 8-28-2014 by Ord. No. 9-2014]
In reviewing development applications for land
subdivision or site plan approval, the Land Use Board will expect
conformance of design standards that will encourage good development
patterns in the municipality; adherence to proposals, policies and
standards contained in the Master Plan; and consistence with the requirements
of other articles of this chapter.
A. Space standards. Minor subdivisions shall conform
to the lot size and dimensional requirements of the various zones
of this chapter.
B. Development patterns. Minor subdivisions shall be
designed to avoid adverse impacts on the desirable future subdivision
of adjoining land, and strip development of existing highway frontages
shall be discouraged.
C. Maintenance of standards. Minor subdivisions involving
lot line changes should avoid unnecessary infractions of zoning sections
of this chapter.
A. General. Major subdivisions should conform to design
standards that will provide safe and efficient access to the neighborhood
street and highway system, relate the design of the subdivision to
the natural topography and existing vegetative cover of the site,
contribute to the harmonious development of the municipality and enhance
the public welfare of the community.
B. Streets.
(1) All streets within major subdivisions shall be designed
to serve a specific function and shall be classified by the Land Use
Board in terms of their projected use according to the following classification
system:
[Amended 8-28-2014 by Ord. No. 9-2014]
(a)
Primary arterial road. Primary arterial roads
are designed to serve primarily regional traffic movements (more than
15,000 vehicles per day).
(b)
Secondary arterial road. Minor or secondary
arterials are intended to connect with and augment the major arterial
system and to provide for trips of moderate length at a lower speed
and a lesser volume (10,000 to 15,000 vehicles per day).
(c)
Collector street. Collector streets are designed
to serve as traffic channels between minor streets and the arterial
road system (5,000 to 10,000 vehicles per day).
(d)
Local streets, including culs-de-sac and marginal
access streets. Local or minor streets are designed and intended to
provide access to adjacent properties and are not intended to carry
through traffic (less than 5,000 vehicles per day).
(2) Right-of-way widths for the above-designated street
classifications shall be: primary arterial, 100 feet; secondary arterial,
90 feet; collector, 60 feet to 80 feet; and minor street, 50 feet.
(3) Pavement widths, median strips and paved shoulder
requirements on all proposed streets shall conform to the requirements
of the City Engineer.
(4) All roads shall conform to the design standards as
set forth in the following chart:
|
Road Design Standards
|
---|
|
|
Local Collector
|
Minor Collector
|
Major Arterial
|
Secondary
|
---|
|
Design speed (mph)
|
35
|
50
|
55
|
55
|
|
Maximum degree of curve (degrees)
|
16
|
7.5
|
5
|
3.5
|
|
Minimum stopping sight distance (feet)
|
240
|
350
|
475
|
600
|
|
Minimum center-line grade (percent)
|
0.5
|
0.5
|
0.5
|
0.5
|
|
Maximum center-line grade (percent)
|
4.0
|
4.0
|
4.0
|
4.0
|
|
Maximum curve super elevation (percent)
|
8.0
|
8.0
|
8.0
|
8.0
|
(5) Local or minor streets shall be so designed as to
discourage through traffic.
(6) Subdivisions abutting arterial streets shall provide
a marginal service road or reverse frontage lots with planted buffer
strips or such other means of separation of through and local traffic
as the Land Use Board may determine appropriate.
[Amended 8-28-2014 by Ord. No. 9-2014]
(7) The right-of-way for internal roads and alleys in
commercial and industrial development shall be determined on an individual
basis by the Land Use Board and shall, in all cases, be of sufficient
width and design to safely accommodate expected traffic movements
and parking and loading needs.
[Amended 8-28-2014 by Ord. No. 9-2014]
(8) No subdivisions showing reserve strips controlling
access to streets shall be approved, except where the control and
disposal of land comprising such strips has been placed in the Common
Council under conditions stipulated or approved by the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
(9) Subdivisions that adjoin or include existing streets
that do not conform to widths 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.
(10)
Street intersections shall be at as nearly right
angles as is possible and in no case shall be less than 60°. Block
corners at intersections shall be rounded at the curbline with a radius
of not less than 20 feet.
(11)
Street jogs with center-line offsets of less
than 125 feet are prohibited.
(12)
A tangent of a length approved by the City Engineer
shall be introduced between reverse curves on arterial and collector
streets.
(13)
Dead-end streets shall not be longer than 800
feet and shall provide a turnaround at the closed end with a radius
of not less than 50 feet at the curbline, tangent wherever practicable
to the right side of the street. If a dead-end street is temporary,
a similar turnaround shall be provided, together with provision for
future extension of the street and reversion of any excess right-of-way
to adjoining properties.
(14)
No street shall have a name which will duplicate
or so nearly duplicate as to be confused with the names of existing
streets in either the City or an adjoining municipality. The continuation
of an existing street shall have the same name.
(15)
Final approval of a plat shall not be construed
as the acceptance of a street dedicated to public use.
(16)
In the case of local streets within a development
where the Land Use Board determines that the length of the street
and the nature of adjacent uses warrants a reduction in the width
of the paved surface, the width may be reduced below the paved width
required in this chapter, but in no case shall the paved width of
a local street be less than 26 feet.
[Amended 8-28-2014 by Ord. No. 9-2014]
(17)
Grades of streets shall not exceed 4%. No street
shall have a minimum grade of less than 1/2 of 1%.
(18)
Driveways, curbs, sidewalks, drainage structures
under drives and maintenance of graded swales behind the edge of road
or curbline shall be the responsibility of the homeowners' association
after final acceptance by the City Engineer.
(19)
Sight triangle easements as shown on Diagrams 1 to 5 in §
170-51 shall be shown on final plats.
(20)
All designs shall be in accordance with:
(a)
A policy on Geometric Design of Rural Highways,
American Association of State Highway Officials, latest revision;
(b)
A policy on Arterial Highways in Urban Areas,
American Association of State Highway Officials, latest revision;
and/or
(c)
Traffic Engineering Handbook, Institute of Traffic
Engineers, latest revision.
C. Blocks.
(1) Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by this chapter and to provide for the convenient access,
circulation and safety of street traffic.
(2) In blocks over 1,000 feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Land Use Board.
Such walkways shall be 10 feet wide and be straight from street to
street.
[Amended 8-28-2014 by Ord. No. 9-2014]
(3) For commercial, multifamily housing or industrial
use, block size shall be sufficient to meet all area and yard requirements
for such use.
D. Lots.
(1) The size, shape and orientation of lots shall be appropriate
for the location of the subdivision and for the type of development
and use contemplated. Only one single-family detached dwelling unit
shall be located on any individual lot unless otherwise allowed in
the zone in which the lot is located.
(2) Lot dimensions and area shall not be less than the
requirements of the zone in which the lot is located.
(3) Insofar as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
(4) Where extra width has been dedicated for the widening
of existing streets to conform to the Master Plan proposal, lots shall
begin at such extra width lines, and in any event, all setbacks shall
be measured from such extra width lines.
(5) Where this is a question as to the suitability of
a lot or lots for the intended use due to factors such as flood conditions
or similar circumstances, the Land Use Board may, after adequate investigation,
withhold approval of such lots.
[Amended 8-28-2014 by Ord. No. 9-2014]
E. Public use and service areas.
(1) In large-scale developments, easements along rear
property lines or elsewhere for utility installations may be required.
Such easements shall be at least 15 feet wide and located in consultation
with the companies or municipal departments concerned. The requirement
of off-site and off-tract services and improvements or a reasonable
contribution thereto shall be required in the interest of sound and
harmonious neighborhood and community development.
(2) Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way, conforming substantially to the
lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose.
(3) Natural features, such as trees, hilltops and views,
shall be preserved whenever possible in designing any subdivision
containing such features.
F. Environmental concerns.
(1) No development on wetlands shall be authorized unless such development is consistent with §
170-74. Lands subject to a seasonal high-water table shall be subject to the requirements of §
170-74.
(2) The Land Use Board shall require a soil erosion and
sediment control plan and permit from the Soil Conservation District
prior to final approval.
[Amended 8-28-2014 by Ord. No. 9-2014]
(3) Subdivision development shall not result in the unnecessary
removal of existing topsoil. Topsoil removed from street installation
areas shall be stockpiled for use on subdivision lots in any case
where areas to be developed for residential uses do not have a substantial
existing topsoil cover.
(4) Care shall be taken in subdivision and site plan design
and review to encourage maximum retention of desirable existing vegetation
on the site.
(5) In any industrial, commercial or multifamily dwelling
subdivision or in the case of any conventional single-family major
subdivision, provision shall be made for on-site retention and/or
ground infiltration of any additional surface runoff that would be
created by the proposed development. Such facilities shall comply
with the provisions of this article.
G. Curbs and gutters. Curbs and gutters shall be installed
in accordance with the provisions specified by the City Engineer.
H. Drainage structures. Drainage structures shall be installed in accordance with the standards and provisions of §
170-48 of this article and by the City Engineer.
A. General. In reviewing any site plan, the Land Use
Board shall review the individual requirements of the zone and the
applicable requirements for construction and improvement in this Code.
Consideration should be given to the following design guidelines:
[Amended 4-8-1993 by Ord. No. 6-1993; 8-28-2014 by Ord. No. 9-2014]
(1) Building and structure design. Consideration shall
be given to building materials, use of color and texture, massing
and building or structure height and shape as they relate to site
conditions and harmonize with similar elements in neighboring buildings
or structures.
(2) Circulation. The layout of the site with respect to
the arrangement, width and alignment of driveways and walkways as
they provide for pedestrian traffic, both within and external to the
site.
(3) Parking and loading. The amount, location and arrangement
of spaces proposed for automobile parking and for the loading and
unloading of goods and materials, both with relation to the use intended
to be served, as well as efficient and safe interconnection with the
public circulation system.
(4) Landscaping. The arrangement of landscape elements
and the appropriateness, variety and compatibility of selected plant
materials as they contribute to an adequate and pleasing landscape
design and/or screening system as well as the compatibility of the
landscape plan with adjacent properties and the neighborhood.
(5) Orientation and siting. In the case of freestanding
buildings or structures and depending on individual site characteristics,
consideration shall be given to positioning that provides a desirable
visual composition, avoids blocking natural vistas and provides desirable
space enclosures.
(6) Site utilities. The location and adequacy of waterlines
and sanitary sewer facilities, subject to the approval of the Egg
Harbor City utility departments, and the nature, adequacy and safety
of the surface drainage system, both as they relate to the intended
site development and to the surrounding area, and the positioning,
adequacy and design of overhead and underground electric, telephone
and gas lines and other structures.
(7) Accessory features. The aesthetic quality and harmony
of architectural design of proposed signs, exterior architectural
features, displays, service areas, walls, fences, lighting, decorations,
street and public area furnishings and such other features as affect
the aesthetic quality of the buildings, property and neighborhood.
(8) Environmental protection. Attention shall be given to preserving the landscape in its natural state insofar as possible and to improving the existing site conditions according to high standards of conservation and environmental protection in keeping with the surrounding natural setting. The development plan should demonstrate the avoidance of unnecessary alteration of existing topography or the removal of vegetation, and the proposed development shall otherwise respect the established natural conditions of the site and its surroundings. For all development, provisions shall be made for on-site retention and/or ground infiltration of any additional surface runoff that would be created by the proposed development. Such facilities shall comply with the provisions of §
170-48 of this article.
[Amended 4-8-1993 by Ord. No. 6-1993]
(9) Performance standards. In reviewing the site plan
for any use subject to performance standards contained in this chapter,
the Land Use Board shall condition its approval on both initial and
continued compliance with such standards.
B. Parking lot and driveway standards. The arrangement,
nature, size and construction of any required on-site, off-site or
off-tract improvements, including streets, curbs and gutters, sidewalks,
street signs and shade trees, water and sewer systems and topsoil
protection measures, shall conform to any applicable design standards
promulgated by the City Engineer. In addition, required site improvements
shall conform to design standards that shall include, but not necessarily
be limited to, the following:
[Amended 4-8-1993 by Ord. No. 6-1993]
(1) Parking and loading areas. Off-street parking and
loading spaces of such size and number as are consistent with good
planning standards and in compliance with any prevailing requirements
or supplementary regulations contained in this chapter shall be required
in connection with and convenient to uses projected for the site development
in accordance with the following:
(a)
Access. All required off-street parking and
loading facilities shall be furnished with necessary pedestrian passageways
and vehicular maneuvering area and driveways providing efficient access
either directly or indirectly to a public street. Access to driveways
shall be not less than 12 feet in width for one-way operation and
24 feet for two-way operation when leading to parking areas and 16
feet in width when leading to off-street loading spaces.
(b)
Entrances and exits for all required parking
and loading facilities shall be located not less than 50 feet from
the driveway edge nearest the right-of-way line of an intersecting
public street, and the arrangement of off-street parking areas providing
space for more than two vehicles in the case of a minor or private
street or for any vehicles in the case of a collector, primary or
arterial street shall be such that no vehicle would have occasion
to back into a public street. No off-street loading area shall be
so located that a vehicle would be required to back into a street.
(2) Parking lots; general standards.
(a)
Purpose. The purpose of this subsection is to
provide safe, adequate off-street parking for nonresidential and residential
uses in Egg Harbor City while preserving aesthetic visual qualities.
(b)
Applicability. This subsection shall apply to
all off-street parking areas not associated with a single-family residence,
agricultural use or other permitted or conditional use which required
less than three off-street parking spaces.
(c)
Landscaping of parking lots. A minimum of one
two-and-one-half-inch caliper tree shall be provided for each eight
parking spaces or portion thereof. This requirement may be waived
by the Board in the case of wooded tracts where sufficient trees are
maintained. A planted landscape strip of a minimum five-inch width
shall be provided along property lines.
(3) Lighting. Lighting standards for parking lots shall
be as follows:
(a)
All lighting shall be designed, oriented and
selected to prevent glare upon surrounding properties or roadways.
(b)
The maximum height for any light standards shall
not exceed the height of the principal building up to a maximum of
45 feet.
(c)
Lighting plans shall be prepared by a licensed
architect or engineer and must meet IES standards.
(4) Screening. Parking areas providing space for more
than five vehicles and all loading areas shall be provided with adequate
setbacks, fencing or natural barriers to effectively prevent any noise,
glare or other nuisance emanating therefrom to unduly interfere with
the peaceful use and enjoyment of adjoining residential, public or
private institutional uses.
(5) Customer service areas. Any site plan that proposes
temporary stopping space or maneuvering space for vehicles of customers
or patrons seeking service at a roadside business establishment should
be so designed that the stopping or maneuvering space will be at least
10 feet removed from the right-of-way line of the adjacent street
or road.
(6) Driveways. Driveway openings on state, county and
other agencies having jurisdiction shall comply with standards set
forth by these agencies. Any site plan proposing private driveway
openings shall comply with the following:
(a)
Spacing. The number of driveways provided from
a site directly to any public street or road should comply with the
following:
[Amended 8-28-2014 by Ord. No. 9-2014]
|
Width of Site Frontage
(feet)
|
Number of Driveways
|
---|
|
150 or less
|
1
|
|
151 to 300
|
2
|
|
Over 300
|
To be specified by Land Use Board on advice
of City Engineer
|
(b)
Location. All entrances and exit driveways to
or from a public street or road shall be so located as to afford maximum
safety to traffic on the road. Where a site occupies a corner of two
intersecting streets or roads, no driveway's entrance or exit shall
be located within 50 feet of the right-of-way intersection lines and
the nearest driveway edge nor 30 feet of the tangent of the existing
or proposed curb radius of the intersection. No entrance or exit driveway
shall be located on the following portions of any collector or arterial
road: on a traffic circle, on a ramp of an interchange, within 30
feet of the beginning of any ramp or other portion of an interchange
or on any portion of such road where the grade has been changed to
accommodate an interchange. In cases where two or more driveways connect
a single site to any one public street or road, a minimum clear distance
of 100 feet, measured along the right-of-way line, shall separate
the closer edges of any two driveways.
(c)
Sight distance. Any exit driveway or driveway
land shall be so designated in profile and grading and shall be so
located as to permit the following maximum sight distance measured
in each direction along any abutting City, county or state road (the
measurement shall be from the driver's seat of a vehicle standing
on that portion of the exit driveway that is immediately outside the
edge of the road right-of-way line):
|
Allowable Speed on Road
(miles per hour)
|
Required Sight Distance
(feet)
|
---|
|
25
|
150
|
|
30
|
200
|
|
35
|
250
|
|
40
|
300
|
|
45
|
350
|
|
50
|
400
|
(d)
Widths. The dimensions of driveways shall be
designated to adequately accommodate the column and character of vehicles
for which a site plan is prepared. The required maximum and minimum
dimensions for driveways and curbline openings are indicated in the
accompanying table. Driveways and curbline openings serving large
traffic with a substantial number of trucks shall be required to utilize
high to maximum dimensions.
|
|
One-Way Operation
|
Two-way Operation
|
---|
|
|
Curbline
Opening
(feet)
|
Driveway
Width
(feet)
|
Curbline
Opening
(feet)
|
Driveway
Width
(feet)
|
---|
|
3- to 10-family residence
|
12 to 15
|
10 to 13
|
12 to 30
|
10 to 26
|
|
11-family or over
|
12 to 30
|
10 to 26
|
24 to 36
|
20 to 30
|
|
Commercial or industrial
|
24 to 50
|
24 to 34
|
30 to 50
|
30 to 46
|
|
Service station
|
15 to 36
|
12 to 34
|
24 to 36
|
20 to 34
|
(e)
Intersections. Driveways used for two-way operation
shall intersect any collector or arterial road at any angle as nearly
90° as site conditions will permit, and in no case less than 60°.
Driveways used by vehicles in one direction of travel (right turn
only) may form an angle smaller than 60° degrees, but only with
a collector or arterial road when acceleration and deceleration lanes
are provided.
(f)
Grades. Any vertical curve on a driveway shall
be flat enough to prevent the dragging of any vehicle undercarriage.
All driveway profiles and grades shall be submitted to and approved
by the City Engineer. Should a sidewalk be so located with respect
to the curb at a driveway opening that vehicle undercarriage is likely
to drag, the sidewalk involved should be adequately depressed or elevated
to avoid such a result.
(g)
Acceleration lane. Where a driveway serves right-turning
traffic from a parking area providing 200 or more parking spaces and
the abutting road is classified as an arterial or collector road,
an acceleration lane shall be provided in accordance with A Policy
of Geometric Design of Rural Highways, American Association of State
Highway Officials.
(h)
Deceleration lanes. Where a driveway serves
as an entrance to a land development providing 50 or more parking
spaces, a deceleration lane shall be provided for traffic turning
right into the driveway from any arterial or collector road. The deceleration
lane shall be at least 200 feet long and 13 feet wide, measured from
the abutting roadway curbline. A minimum forty-foot curb return radius
shall be used from the deceleration lane into the driveway.
C. Site improvement standards.
(1) Refuse disposal. Refuse depositories shall not be
exposed to public view and shall be nonpolluting, covered from weather
and secure from vandalism. Compactor units shall afford completely
sealed operation and efficient access by collection vehicles.
(2) Additional design criteria for planned developments.
In addition to complying with design requirements and standards listed
above, those contained in this chapter relating to contemplated improvements
or in connection with specific uses as specified in the other articles
of this chapter, site plans for planned development of any kind also
shall be subject to the following:
(a)
The open space and recreation plan shall conform
to environmental impact statement requirements and requirements of
the individual zones of this chapter.
(b)
Energy conservation. Innovative design for energy
conservation shall be encouraged. The location and siting of buildings
or structures which may not conform strictly to other standards contained
herein shall be permitted when the Land Use Board finds that such
deviation will not endanger the health, safety or welfare of occupants
in the buildings or their surroundings. In this context, "energy conservation"
shall mean the reduced consumption of natural or artificial fuels
or energy.
[Amended 8-28-2014 by Ord. No. 9-2014]
(c)
Staging requirements. Information on phasing
of the project shall also be submitted.
[Amended 8-26-1999 by Ord. No. 16-1999]
A. On-tract improvements. On-tract improvements, including
grading street rights-of-way, street or shoulder paving, curbs and
gutters, street signs, streetlighting, street trees, sidewalks, survey
monuments, surface drainageways, surface drainage structures and facilities,
soil erosion and sediment control devices, potable-water supply structures
and facilities, sanitary, sewage facilities and, in the case of site
plans, off-street parking and loading areas and improvements and screen
or buffer planting, as specified in accordance with design criteria
contained in this chapter, shall be required where applicable in connection
with all minor and major subdivisions and site plan developments,
including permitted planned developments of any kind.
B. Off-tract improvements. Pursuant to N.J.S.A. 40:55D-42,
pro rata contributions may be required for any off-tract improvements,
including street or shoulder paving, curbs and gutters, street signs
and traffic controls, streetlighting, structures and facilities, potable-water
supply structures and facilities and sanitation sewerage structures
and facilities, the need or a portion of the need for which is generated
by a minor or major subdivision or site development, including permitted
planned developments of any kind. For the purpose of assessing a fair
share of the cost of any such improvement to a specific development,
the City Engineer shall utilize construction specifications included
in this section and design criteria set forth in this article. In
the case of arterial roads, design standards and construction specifications
shall be on a case-by-case basis. The Land Use Board shall determine
the reasonable percentage share of the benefit to be derived from
any required off-tract improvement by the specific development on
the basis of a cost benefit analysis conducted by the City Engineer.
[Amended 8-28-2014 by Ord. No. 9-2014]
C. Installation of improvements. No final plat of a major
subdivision or site plan shall be approved by the Land Use Board until
the satisfactory completion of all required improvements, as set forth
in the Land Use Board's resolution granting preliminary subdivision
or site plan approval, shall have been certified to the Land Use Board
by the Municipal Engineer unless the developer shall have filed with
the City a performance guaranty sufficient in amount and of a suitable
form to cover the cost of all such improvements or the uncompleted
portion thereof, as approved by the City Engineer, and guaranteeing
the installation of any such uncompleted improvements on or before
a date to be specified by the Land Use Board. Such guaranty shall
provide that all roadways shall have a base course installed no later
than when certificates of occupancy have been issued for 10% of the
proposed dwelling units and a final course no later than 90% of the
units. No minor subdivision shall be approved by the Land Use Board
until the developer shall have filed with the City a performance guaranty
sufficient in amount to cover the cost of all required on-tract and
off-tract improvements and guaranteeing the installation of such uncompleted
improvements on or before a date to be specified by the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
D. Concrete structures.
(1) Concrete structures shall conform to the American
Society for Testing and Materials cement designations C-150, Type
1 for standard portland cement; C-150, Type 3 for high early strength
portland cement; and C-175, Type 1-A for air-entraining portland cement.
Vinsol resin or Darex AEA shall be used as the air-entraining agent
for both fine and coarse aggregate and shall conform to requirements
therefor of the New Jersey Department of Transportation Standard Specifications,
as amended. Unless otherwise specified, all concrete shall be air-entrained,
having 4% to 7% entrained air.
(2) Concrete shall be Class A, B, C or D, as prescribed,
proportioned as follows:
|
Class
|
Cement
|
Sand
|
Coarse
Aggregate
|
Void
Contact
|
---|
|
A
|
1
|
1.50
|
3.0
|
1.35
|
|
B
|
1
|
1.75
|
3.5
|
1.55
|
|
C
|
1
|
2.00
|
4.0
|
1.80
|
|
D
|
1
|
2.25
|
4.5
|
2.00
|
(3) Required reinforcing steel shall be intermediate-grade
deformed bars conforming to American Society for Testing and Materials
designations A 617-76 and A 615-76A, as amended.
(4) Required joint filler shall be a cellular compression
material conforming to the requirements therefor of the New Jersey
Department of Transportation Standard Specifications, as amended.
(5) In the construction of required concrete structures,
the City Engineer will determine the slump range within which the
contractor must work. Transit mix concrete may be used if obtained
from sources approved by the City Engineer. On-site mixing and proportioning
equipment will also be subject to the approval of the City Engineer.
(6) Forms shall conform to lines, dimensions and grades
shown on plans and may only be omitted when soil conditions and workmanship
permit accurate excavation to specifications. Forms shall be firmly
braced, tight and capable of resisting movement, bulging or mortar
leakage. Forms shall be smooth and clear and shall be completely removed.
(7) Soil bases for concrete work shall be properly finished
to prescribed lines, grades and dimensions and shall be approved by
the City Engineer or his/her representative before concrete is placed.
All areas are to receive water, except that soil surfaces and forms
shall be uniformly damp when concrete is plated so as to avoid segregation.
Concrete that has begun to set or has been contaminated with foreign
materials or has too much water shall not be used.
(8) Pouring shall be done in a continuous process until
an individual section is complete. All concrete shall be thoroughly
compacted with vibratory or other suitable equipment. Finished concrete
shall have a wood float finish unless otherwise specified by the City
Engineer and shall be kept continuously moist for a period of three
days. Curing shall be accomplished at the direction of the City Engineer.
Expansion joints shall be provided as prescribed and shall extend
the full thickness of the concrete. Concrete shall not be poured when
the temperature is below 40° F. or during periods of precipitation
unless precautions acceptable to the City Engineer have been taken
to prevent damage to the work. Precautions to avoid freezing of the
concrete shall be in accordance with current recommendations of the
American Concrete Institute.
The width of street rights-of-way to be required
shall be as shown on the approved preliminary subdivision or site
development plan in accordance with the system of street classification
set forth in this article. Street right-of-way improvements shall
include the following:
A. Street paving. All on-tract streets shall be paved
in conformance with the improvement standards as defined below:
(1) Gravel base course shall be constructed in accordance
with the provisions of Article 3.1 of the Standard Specifications
for Road and Bridge Construction of the New Jersey Department of Transportation,
as amended. Gravel base course materials shall be soil aggregate,
Type 2, Class A or Class B, of said specifications.
(2) Bituminous-stabilized base course materials shall
conform to requirements specified in Article 3.10.2 of the Standard
Specifications for Road and Bridge Construction of the New Jersey
Department of Transportation, as amended by the 1980 Supplement to
the Standard Specifications and as amended hereafter. Before construction
of the bituminous-stabilized base course, the gravel base shall be
in a properly finished condition conforming to the proper line and
grade and free of soft spots or other deficiencies. Within 24 hours
prior to the commencement of paving, the gravel base course shall
be tested by running a roller of a weight as great or greater than
that to be used in the paving operation over the entire pavement area.
When, in the opinion of the City Engineer or his/her representative,
such testing results in excessive deformation, the developer will
be required to stabilize the gravel base course in a manner satisfactory
to the City Engineer.
(3) The method of construction of the bituminous-stabilized
base course shall conform to the same State of New Jersey specifications
referred to above for base course materials. Upon completion, uniformly
selected core samples intact for full thickness of the base course
may be required at the rate of one sample for every 1,000 square yards
of base course, at the expense of the developer. Where deficiencies
in required thickness are noted, at least two additional cores will
be required to determine the extent of the deficiency.
(4) The average thickness of the bituminous-stabilized
base course, as determined from the core samples, shall be not less
than a thickness of two inches, or as specified by the City Engineer.
(5) When the pavement, as indicated by any core sample,
shows a deficiency of 1/4 inch or more from the required thickness,
the City Engineer, at his/her option, may direct the developer to:
(a)
Remove and replace the bituminous-stabilized
base course to the correct thickness; or
(b)
Construct an overlay of bituminous concrete
suitable to the Engineer to correct the thickness deficiency.
(6) Materials for the surface course shall be FABC-1,
Mix I-5, as specified in Division 3, Section 10, of the aforementioned
New Jersey Department of Transportation Standard Specifications, which
shall be placed over a properly installed and, where needed, repaired
base course. Prior to construction of the surface course, a tack coat
as specified in Division 3, Section 10 of the aforementioned New Jersey
Department of Transportation's Standard Specifications shall be applied.
(7) Upon completion of the surface course, the developer
may be required to provide core samples therefrom in accordance with
the procedures outlined above for base course sampling. The average
thickness of the FABC-1 surface course, as determined from the core
samples, shall not be less than two inches for the thickness specified
by the City Engineer. When the pavement, as indicated by any core
sample, shall show a deficiency of 1/4 inch or more from the required
thickness, the City Engineer, at his/her option, may direct the developer
to:
(a)
Remove and replace FABC-1 surface course to
the correct thickness; or
(b)
Construct an overlay of bituminous concrete
suitable to the Engineer to correct the thickness deficiency.
B. Curbs and gutters.
(1) Standard monolithic concrete curb and gutter will
be required along the pavement edge of streets in conformance with
the improvement standards as specified by the City Engineer. Concrete
shall be Class B with Type I cement. There will be no waiver of curbs,
and concrete header curbs must be installed in lieu of standard concrete
curbs.
(2) Expansion joints shall be provided at intervals of
20 feet and when new construction abuts existing construction. The
expansion joints shall be filled with one-half-inch-thick cellular
material conforming to the requirements therefor contained in the
Standard Specifications of the New Jersey Department of Transportation,
as amended to date, to within 1/2 inch of the top and face of the
curb and to within 1/4 inch of the top of the gutter. All joints shall
extend the full depth of the structure.
(3) Finished curbs and gutters shall be true to applicable
grades, lines, dimensions and curvatures. Exposed edges shall be neatly
rounded to a one-half-inch radius. Completed work shall be protected
from traffic and the elements and shall be kept moist for at least
three days. Damaged, broken or cracked work shall be renewed by the
developer at his/her expense.
(4) In those cases where a developer requests a waiver
from the requirements for standard curbing as set forth in this section,
the Land Use Board, in considering a request for such waiver, shall
apply the following guidelines:
[Amended 8-28-2014 by Ord. No. 9-2014]
(a)
Curbing should be required in the case of any
development generating large volumes of vehicular traffic or lying
in close proximity to such development.
(b)
Curbing should be required in conjunction with
multifamily residential developments and in higher density single-
or two-family subdivisions having an average lot size of less than
1/2 acre.
(c)
Curbing should be required in conjunction with
single-family subdivisions having average lot sizes of one acre or
less unless it can be demonstrated to the satisfaction of the City
Engineer that all new surface runoff will be accommodated on-site,
that construction or percolation characteristics of roadside soils
are such that excessive rutting of shoulder areas will not occur and
that the existing or proposed topography is such that water ponding
will not occur.
(d)
Curbing should be required along existing and
proposed City streets or roads in conjunction with any proposed development
that would otherwise contribute to an adverse drainage condition,
soil erosion or stream or watercourse siltation.
C. Sidewalks.
(1) Except as provided below, sidewalks shall be required
along all streets. Sidewalks shall be constructed in accordance with
the provisions of this section and as specified by the City Engineer.
All sidewalks shall be paved with portland cement, all concrete, Class
C, Type I cement. Applicable construction details listed for curb
construction shall be observed in the construction of portland cement
concrete sidewalks.
(2) Finished sidewalks shall be true to specified lines,
grade, dimensions and curvatures. Completed work shall be adequately
protected from traffic and the elements.
(3) In those cases where a developer requests a waiver
from the requirement of sidewalks as set forth in this section, the
Land Use Board, in considering such waiver, shall apply the following
guidelines:
[Amended 8-28-2014 by Ord. No. 9-2014]
(a)
Sidewalks should be required in the case of
any development or portion thereof where there may be pedestrian movement
to school sites and other generators, including but not limited to
recreational facilities, churches, clubs, eating establishments and
retail shopping centers.
(b)
In situations other than those listed in Subsection
C(3)(a) above, sidewalks along both sides of a street should be required when permitted residential densities exceed four dwelling units per acre and no internal open space walkway system is provided, and along one side of a street only in cases where residential densities range between one dwelling unit and four dwelling units per acre and no open space walkway system is provided, and no sidewalk should be required in cases where dwelling unit densities are less than one dwelling per acre or where adequate internal open space walkway systems are provided. In all cases, the Land Use Board shall take into account the nature and intensity of neighboring uses as well as the peculiar size, use and character of the development proposed.
D. Bikeway design.
(1) Purpose. The purpose of this subsection is to provide
adequate circulation for bicycle riders throughout Egg Harbor City
which minimizes interactions between bicyclists, pedestrians and motorists.
(2) Classifications.
(a)
Class 1: a completely separated right-of-way
designated for the exclusive flow of bicycles. Cross-flow conflicts
by pedestrians and automobiles are minimized.
(b)
Class 2: a restricted right-of-way designated
for the exclusive flow of bicycles. Through-travel flow by automobiles
or pedestrians is not allowed. Cross flows by pedestrians and automobiles
are allowed. The restricted right-of-way for Class 2 is formed by
vertical markers, painted extruded asphalt curbs or raised pavement.
(3) Minimum standards.
(b)
Minimum clearance (overhead): eight feet.
(c)
Bikeway surface base and subgrade. As required
by the New Jersey Department of Transportation or City Engineer's
specifications, where bikeways intersect with streets or driveways,
that portion of the bikeway crossing the street or driveway shall
be constructed to the City roadway standards.
(d)
Signage. Identification, directional and safety
signs shall meet the New Jersey Department of Transportation and City
Engineer's specifications.
(e)
Lighting. If lighting is provided along bikeways,
it shall meet criteria established by the New Jersey Department of
Transportation.
(4) Other standards: residential.
(a)
All planned developments in the City shall incorporate
interdevelopment bikeway linkage at a minimum of two locations per
development. Where developments are adjacent, one of the linkage points
shall be a Class 1 bikeway.
(b)
Linkages between planned residential and planned
commercial developments shall, at a minimum, consist of a Class 2
bikeway with adequate barrier separation, signage and, if deemed necessary
by the Land Use Board and City Engineer, signalization to minimize
safety risks to both bicyclists and motorists.
[Amended 8-28-2014 by Ord. No. 9-2014]
(5) Bikeway design specifications. Bikeways shall be constructed of a four-inch gravel base course and two-inch bituminous surface. Where bikeways are part of or cross state, county or City roads, they shall be constructed as specified by the approving authority. Materials shall be as specified in §
170-37 of this article.
A. Sanitary sewer facilities shall be provided and installed
in accordance with the specifications as required by the City Engineer.
Said sanitary sewer facilities shall be designed and installed for
either immediate or future connection to a public sanitary sewer system
approved by the New Jersey Department of Environmental Protection
and the City Engineer.
B. In areas where public sanitary sewer system does not
exist or is not expected to be provided within a reasonable period
of time, in the opinion of the Land Use Board, the Board may waive
the requirement that sanitary sewer facilities be installed or interconnection
with a public sewer system.
[Amended 8-28-2014 by Ord. No. 9-2014]
C. Except when restricted by environmental conditions,
all individual, on-site septic systems may be installed within the
front yard of the lots or in an area approved by the Building Inspector
in order to facilitate the eventual connection of the system to public
facilities.
A. Water supply facilities and systems shall be provided
and installed in accordance with specifications of the City Engineer.
Said water supply facilities and systems shall be designed and installed
for either immediate or future connection with a public or on-site
community water supply facility or system approved by the New Jersey
Department of Environmental Protection and the City Engineer. In areas
where public water supply does not exist or is not expected to be
provided within a reasonable period of time, in the opinion of the
Land Use Board, the Board may waive the requirement that water supply
facilities be installed to connect with the public water supply facilities
or systems.
[Amended 8-28-2014 by Ord. No. 9-2014]
B. In those cases where a public water supply facility
or system is not presently available and the site of the proposed
subdivision is unsuitable and unsafe, in terms of public health, for
individual on-site water supply facilities as determined by the New
Jersey Department of Environmental Protection or other appropriate
local agency, an on-site community water supply system approved by
the New Jersey Department of Environmental Protection and the City
Engineer shall be installed. Said on-site water supply system facilities
for those areas are expected to be provided with public water supply
facilities or systems within a reasonable period of time.
C. Fire hydrants shall be as required by City specifications;
operating cap nuts shall be one-and-one-half-inch pentagons. Hydrants
shall be equipped with two hose nozzles and one steamer nozzle, size
and threads to be in accordance with local fire company requirements.
They shall have provision for a six-inch connection to the main. The
valve opening for the hydrant shall be four inches. Valves should
be installed between all fire hydrants and the supply mains.
A. In rural areas where no public water supply system
is feasible, the developer shall provide an alternate system for available
water supply for fire-fighting purposes.
B. The alternate system shall provide for the following:
(1) Ready availability of an adequate supply of water
on site.
(2) Automatic means of replenishment.
(3) A volume of water on site to satisfy National Fire
Protection Association Standard 1231-75 (Standard on Water and Rural
Fire Fighting).
(4) An alarm system to indicate malfunctioning of the
system.
(5) The system shall be self-contained and shall not depend
upon portable pumps, auxiliary generators or other off-site mechanical
equipment.
(6) The system shall be designed to be as maintenance-free
as possible, but provision shall be made for perpetual maintenance
of the system.
(7) The system shall be acceptable to local fire officials.
C. These improvements shall be included in required improvements
and shall be subject to inspection, performance guaranties, maintenance
guaranties and all other regulations governing required municipal
improvements.
Wherever possible, the developer shall endeavor
to preserve existing trees. Such existing trees, when located in reasonable
proximity to the street line, may substitute for required new street
tree planting. In other cases, the developer shall consult with the
Egg Harbor City Shade Tree Commission, if there is one, or, if not,
the Atlantic County Agricultural Extension Service and, on the advice
of such agency, shall propose and execute a street tree planting scheme
providing acceptable species of shade or ornamental trees at least
2 1/2 inches in diameter, measured three feet above the ground,
located in a manner that will result in a minimum of damage to sidewalks
or utilities.
Adequate streetlighting shall be provided along
all proposed new streets of a type and at intervals approved by the
City Engineer. At a minimum, such lighting shall be installed at any
street intersection, along pedestrian crosswalks and at any private
drive providing access to 10 or more parking spaces. Such lighting
shall be installed according to standards approved by the City Engineer.
[Amended 8-28-2014 by Ord. No. 9-2014]
Street signs and other warnings, direction or
advisory signs or pavement markings shall be installed as per the
directions of the City Engineer. Such signs and other markings shall
be of a size, color or design specified in the current edition of
the Manual on Uniform Traffic Control Devices, published by the Federal
Highway Administration, United States Department of Transportation.
Off-street signs shall not be lighted with flashing lights, and any
light or reflecting light used in connection with such a sign shall
not be so located or directed that it may be mistaken for a traffic
signal or warning device or shine directly into adjoining residentially
used buildings or private outdoor areas or interfere with vehicular
traffic. All off-street signs, including traffic directional signs,
shall be located on the same property with the use to which they are
related. In the case of any planned development, the Land Use Board
may require that detailed deed restrictions designed to adequately
regulate the location, size, materials and construction of signs throughout
the planned development shall be prepared for filing prior to final
approval of the planned development or any stage thereof.
The following off-street improvements shall
be constructed, or an adequate performance guaranty posted assuring
their construction, according to design standards contained in other
sections of this article, prior to the granting of final approval
of any major subdivision or site development plan. Any such requirements
made in connection with minor subdivisions shall be treated as a condition
of final approval with an adequate performance guaranty therefor having
been posted.
A. Off-street parking and loading. All required off-street
parking and loading areas shall be surfaced with a compacted base
course of material, thickness and grade, as specified by the City
Engineer. The thickness of the base course shall be determined on
the basis of expected use. All off-street loading areas and all off-street
parking areas serving more than one individual use or providing more
than five individual parking spaces shall be surfaced with asphaltic
or portland cement concrete materials and to thicknesses specified
by the City Engineer. In the case of parking bays only, an approved
type of porous paving of a type acceptable to the City Engineer may
be substituted as the surface course in order to avoid unnecessary
surface runoff.
B. Open space and recreation improvements. Any open space
or recreation improvements required in connection with planned development
applications that are proposed for dedication to the City or homeowners'
planner shall be constructed or installed according to construction
and equipment standards promulgated by the City. Such standards shall
be developed by the City Engineer and approved by the Egg Harbor City
Land Use Board. All open space and recreation improvements shall be
subject to the posting of adequate performance guaranties prior to
final development approval.
[Amended 8-28-2014 by Ord. No. 9-2014]
C. Topsoil protection and soil erosion plan. Any topsoil moved or to be moved during the course of construction for any development shall be utilized on site and shall be redistributed so as to provide at least three inches of topsoil cover to all areas of the development not covered by building or paving. All such disturbed areas shall be stabilized by seeding, planting or sodding according to an approved soil erosion and sediment control plan approved by the Soil Conservation District. In the event that the site does not contain sufficient amount of topsoil to provide three inches of cover to all areas of the development, the developer shall supply sufficient amounts to meet this requirement. Where found necessary by the Land Use Board, required seeding, sodding, water retention structure, rip-rapping or other activities necessary to carry out the soil erosion and sedimentation control plan shall be made subject to the provisions of adequate performance and maintenance guaranties as specified in §
170-50 of this article.
[Amended 8-28-2014 by Ord. No. 9-2014]
D. On-site stormwater management components shall have
adequate performance and maintenance guaranties posted.
E. Monuments. Survey monuments of a size and shape specified
by N.J.S.A. 46:23-9.9 et seq. shall be installed in accordance with
the provisions of that statute.
A. Prior to the construction of any required improvements,
the developer shall schedule and hold a preconstruction conference
with the City Engineer. At the time of this preconstruction conference,
the developer shall provide the City Engineer with the names of the
contractors who are intended to install the required improvements,
with certifications that each is qualified to perform the work involved.
This certification shall specify that work of a similar nature and
constituting at least 50% of the cost of the improvement to be installed
in this project has been satisfactorily completed in the past.
B. Except as set forth herein, all required improvements
shall be subject to inspection and approval by the City Engineer,
who shall be notified by the developer at least 48 hours prior to
the start of any construction. Landscaping shall be subject to inspection
and approval by the City Planner or such other City official designated
by the Common Council. No underground utilities or other underground
installation of improvements shall be covered until inspected and
approved.
C. Fees to cover the costs of required inspection, including landscaping, shall be posted with the municipality in the amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the Engineer's estimate of required improvements as determined under §
170-50A(2). The requirement of such inspection and the payment of the required fees shall be included as a condition of final development approval. In the event that the developer elects to install improvements prior to final approval, the Engineer's estimate shall be submitted for approval, and inspection fees shall be posted upon preliminary approval and prior to any construction of improvements. Additionally, the requirements for a preconstruction conference and the conditions thereof shall apply in the event that the developer so elects.
[Amended 2-25-1993 by Ord. No. 3-1993]
D. The standard specifications of Egg Harbor City, as
presently or hereafter adopted, or those otherwise set forth herein,
shall govern the construction and installation of all required improvements.
In the event that the specific specifications for any construction
are not set forth in this chapter, the standard specifications of
the New Jersey Department of Transportation, as amended, shall govern
such construction.
[Amended 2-25-1993 by Ord. No. 3-1993]
A. Posting of guaranties; cost of installation of improvements;
appeals.
(1) Performance guaranties shall be required to be posted
prior to the granting of final development approval, and maintenance
guaranties shall be required to be posted prior to the release of
performance guaranties in connection with on-tract improvements as
specified in this chapter.
(2) The cost of the installation of improvements for the
purposes of this section shall be estimated by the Municipal Engineer
based on documented construction costs for public improvements prevailing
in the general area of the municipality. The developer may appeal
the Municipal Engineer's estimate to the Common Council. The Common
Council shall decide the appeal within 45 days of receipt of the appeal,
in writing, by the Clerk. After the developer posts a guaranty with
the municipality based on the cost of installation of improvements
as determined by the Common Council, he/she may institute legal action
within one year of the posting in order to preserve the right to a
judicial determination as to the fairness and reasonableness of the
amount of the guaranty.
B. Guaranties. Performance guaranties required under
this article shall be in one of the following forms and shall ensure
that the proceeds will be available to Egg Harbor City in the event
that requirements for final approval guaranteed under the performance
guaranties are not met.
(1) Corporate surety bond furnished by a bonding company
authorized to do business in the State of New Jersey.
(2) A certified or cashier's check made payable to Egg
Harbor City.
(3) An irrevocable letter of credit if it (in a recognized
New Jersey banking institution):
(a)
Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined pursuant to Subsection
A(2).
(b)
Is issued by a banking or savings institution
authorized to do and doing business in this state.
(c)
Is for a period of time of at least one year.
(d)
Permits the municipality to draw upon the letter
of credit if the obligor fails to furnish another letter of credit
which complies with the provisions of this section 30 days or more
in advance of the expiration date of the letter of credit or such
longer period in advance thereof as is stated in the letter of credit.
(4) The municipality shall not require that a maintenance guaranty required pursuant to Subsection
J be in cash or that more than 10% of a performance guaranty pursuant to this article be in cash. A developer may, however, provide at his/her option some or all of a maintenance guaranty in cash or more than 10% of a performance guaranty in cash.
C. Term. Performance guaranties shall run for a term to be fixed by the Board, not to exceed three years. However, the Common Council may, with the consent of the obligor and surety, if there is one, by resolution, extend the performance of such guaranty for an additional period not to exceed three years. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Municipal Engineer, pursuant to Subsection
A, as of the time of the passage of the resolution. The amount of any performance guaranty may be reduced by the Common Council by resolution when portions of the improvements have been certified by the Municipal Engineer to have been completed.
D. Lack of performance. If required improvements are
not completed or corrected in accordance with the performance guaranty,
the obligor or the surety, if there be one, shall be liable thereon
to the City for the reasonable costs of the improvements not completed
or corrected, and the City may, either prior to or after receipt of
the proceeds of the guaranty, complete such improvements. Such completion
or correction of improvements shall be subject to the public bidding
requirements of the Local Public Contracts law, P.L. 1971, c. 1998
(N.J.S.A. 40A:11-1 et seq.).
E. Verification.
(1) All performance guaranties shall be submitted to the Secretary or administrative officer of the approving Board. One copy of the guaranty shall be forwarded to the City Engineer, who shall notify the approval Board and the City Solicitor if the performance guaranty is in an amount sufficient to ensure the completion of all required improvements. The required performance guaranty shall not exceed 120% of the cost of installation, which cost shall be determined by the Municipal Engineer pursuant to Subsection
A(2), for improvements which the approving authority may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streets and 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., water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping.
(2) The Municipal Engineer shall prepare an itemized cost
estimate of the improvements covered by the performance guaranty,
which itemized cost estimate shall be appended to each performance
guaranty posted by the obligor.
F. Legal review. A copy of the performance guaranty shall
be forwarded to the City Solicitor, who shall review and approve it
as to form and execution. The City Solicitor shall notify the approving
board as to the acceptability of the performance guaranty in terms
of form and execution.
G. Notice of expiration. On granting final approval of
a development, the performance guaranty posted and accepted shall
be forwarded to the City Clerk for filing. The Board shall maintain
a record of all performance guaranties received in connection with
development review and shall, within 90 days of the expiration of
such guaranty, notify the Common Council of said pending surety expiration.
Copies of said notice shall be sent to the City Clerk, City Solicitor
and City Engineer.
H. Release.
(1) Request for list of improvements; inspection of improvements;
Engineer's list and report.
(a)
When all of the required improvements have been
completed, the obligor shall request of the Common Council, in writing,
by certified mail, addressed in care of the Municipal Clerk, that
the Municipal Engineer prepare, in accordance with the itemized cost
estimate prepared by the Municipal Engineer and appended to the performance
guaranty, a list of uncompleted or unsatisfactorily completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the Municipal Engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor.
(b)
The Municipal Engineer shall inspect the improvements
covered by the obligor's request and shall file a detailed list and
report, in writing, with the Common Council, and shall simultaneously
send a copy thereof to the obligor not later than 45 days after receipt
of the obligor's request.
(2) The list prepared by the Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty pursuant to Subsection
E.
(3) The Common Council, by the resolution, shall either
approve the improvements determined to be complete and satisfactory
by the Municipal Engineer or reject any or all of these improvements
upon the establishment in the resolution of cause for rejection, and
shall approve and authorize the amount of reduction to be made in
the performance guaranty relating to the improvements accepted, in
accordance with the itemized cost estimate prepared by the the Municipal
Engineer and appended to the performance guaranty. This resolution
shall be adopted not later than 45 days after receipt of the list
and report prepared by the Municipal Engineer. Upon adoption of the
resolution by the Common Council, the obligor shall be released from
all liability pursuant to its performance guaranty, with respect to
those approved improvements, except for that portion adequately sufficient
to secure completion or correction of the improvements not yet approved,
provided that 30% of the amount of the performance guaranty posted
may be retained to ensure completion and acceptability of all improvements.
(4) Failure to provide list and report; failure to approve
or reject improvements.
(a)
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection
H(1) of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(b)
If the Common Council fails to approve or reject
the improvements determined by the Municipal Engineer to be complete
and satisfactory or reduce the performance guaranty for the complete
and satisfactory improvements within 45 days from the receipt of the
Municipal Engineer's list and report, the obligor may apply to the
court in a summary manner for an order compelling, within a stated
time, approval of complete and satisfactory improvements and approval
of a reduction in the performance guaranty for the approval of complete
and satisfactory improvements in accordance with the itemized cost
estimate prepared by the Municipal Engineer and appended to the performance
guaranty, and the cost of applying to the court, including reasonable
attorney's fees, may be awarded to the prevailing party.
(5) In the event that the obligor has made a cash deposit
with the Common Council as part of the performance guaranty, then
any partial reduction granted in the performance guaranty pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guaranty.
I. Rejection. If any portion of the required improvements
are rejected, Common Council may require the obligor to complete or
correct such improvements; and upon completion of correction, the
same procedure of notification set forth in this section shall be
followed.
J. Maintenance guaranties.
(1) Form. As a condition precedent to final release of any performance guaranty, the Common Council may require the developer to execute a maintenance guaranty and post said guaranty with the City Clerk as a surety for the maintenance and repair of all improvements required to be installed by the developer. The guaranties shall be for a period of two years after the date of final acceptance of the improvements, but a resolution of the Common Council and its amount shall be equal to 15% of the Municipal Engineer's estimate of the cost of construction and required improvements, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in §
170-50A(2). The requirements as to form set forth in this article on performance guaranties shall also apply to maintenance guaranties.
(2) Verification. All maintenance guaranties shall be
presented to the City Clerk, who shall forward one copy of the guaranty
to the City Clerk and one copy to the City Solicitor. The City Engineer
shall advise the Common Council and the City Solicitor if the maintenance
guaranty is executed in the correct amount, and the City Solicitor
shall notify the Common Council as to the acceptability of the maintenance
guaranty in terms of form and execution.
(3) Notice of expiration. The City Clerk shall maintain
a record of all maintenance guaranties received by the City in connection
with development approval and shall notify the City Engineer 60 days
prior to the expiration of any maintenance guaranties. Prior to the
expiration of any maintenance guaranty or to the release of any maintenance
guaranty, the City Engineer shall inspect the improvements and report
to the Common Council concerning their condition and any deficiencies
present. The Common Council may, by resolution, release the guaranty
if there are no deficiencies requiring correction.
K. Inspection fees. The obligor shall reimburse the City
for all reasonable inspection fees paid to the City Engineer for the
inspection of improvements. The developer may be required to post
a deposit for all or a portion of the reasonably anticipated fees
to be paid to the City Engineer for such inspection.
L. Development by stages. In the event that final approval
is by stages or sections of development, the provisions of this article
as to guaranties shall be applied by stage or section.
M. Other governmental agencies or public utilities. In
the event that other governmental agencies or public utilities automatically
will own the utilities to be installed or the improvements are covered
by a performance or maintenance guaranty to another governmental agency,
no performance or maintenance guaranty, as the case may be, shall
be required by the City for such utilities or improvements.
N. Contributions for off-tract improvements. Where contributions
for off-tract improvements have been required for street improvements
and water, sewage and drainage facilities and easements therefor as
a condition for final development approval, said contributions shall
be paid to the City prior to the granting of final approval for any
divisions; approval shall not be granted and the plat or other filing
documents shall not be authorized and no building permit shall be
issued unless and until said required contribution for off-tract improvements
has been received by the City Clerk and receipt thereof has been certified
to the approving board.
[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No.
7-1997]
No hazardous or toxic substances, including
hazardous wastes, shall be stored, transferred, processed, discharged,
disposed or otherwise used in the City. The land application of waste
or waste-derived materials is prohibited in the Pinelands Area, except
as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities
shall only be permitted in the City in accordance with the standards
set forth in N.J.A.C. 7:50-6.
[Amended 4-6-1989 by Ord. No. 5-1989]
A. General.
(1) All development shall be designed and carried out
so that the quality of surface and ground water will be protected
and maintained. Agricultural use shall not be considered development
for purposes of this subsection.
(2) Except as specifically authorized in this section,
no development which degrades surface or ground water quality or which
establishes new point sources of pollution shall be permitted.
(3) No development shall be permitted which does not meet
the minimum water quality and potable water standards of the State
of New Jersey or the United States.
B. Minimum standards for point and nonpoint source discharges.
The following point and nonpoint sources may be developed and operated
in the Pinelands:
[Amended 8-17-1989 by Ord. No. 13-1989; 7-24-1997 by Ord. No. 7-1997]
(1) Development of new or the expansion of existing commercial, industrial and waste water treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection
B(2) through
(6) below, provided that:
(a)
There will be no direct discharge into any surface
water body.
(b)
All discharges from the facility or use are
of a quality and quantity such that groundwater exiting from the parcel
of land or entering a surface body of water will not exceed two parts
per million of nitrate/nitrogen.
(c)
All public wastewater treatment facilities are
designed to accept and treat septage.
(d)
All storage facilities, including ponds or lagoons,
are lined to prevent leakage into groundwater.
(2) Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection
B(1)(b) above, provided that:
(a)
There will be no direct discharge into any surface
water body.
(b)
The facility is designed only to accommodate
wastewater from existing residential, commercial and industrial development.
(c)
Adherence to Subsection
B(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.
(d)
The design level of nitrate/nitrogen attenuation
is the maximum possible within the cost limitations imposed by such
user fee guidelines, but in no case shall groundwater exiting from
the parcel or entering a surface body of water exceed five parts per
million of nitrate/nitrogen.
(3) Improvements to existing commercial, industrial and
wastewater treatment facilities which discharge directly into surface
waters, provided that:
(a)
There is no practical alternative available that would adhere to the standards of Subsection
B(1)(a) above.
(b)
There is no increase in the existing approved
capacity of the facility.
(c)
All discharges from the facility into surface
waters are such that the nitrate/nitrogen levels of the surface waters
at the discharge point do not exceed two parts per million. In the
event that nitrate/nitrogen levels in the surface waters immediately
upstream of the discharge point exceed two parts per million, the
discharge shall not exceed two parts per million of nitrate/nitrogen.
(4) Individual on-site septic wastewater treatment systems
which are not intended to reduce the level of nitrate/nitrogen in
the wastewater, provided that:
(a)
The proposed development to be served by the
system is otherwise permitted pursuant to the provisions of this chapter.
(b)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model, dated December 1993, as amended, subject to the provisions of Subsection
B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §
170-63 or §
170-96.
(c)
Only contiguous lands located within the same
zoning district and Pinelands Management Area as the proposed system
or systems may be utilized for septic dilution purposes, except for
the development of an individual single-family dwelling on a lot existing
as of January 14, 1981, nonresidential development on a lot of five
acres or less existing as of January 14, 1981, or cluster development
as permitted by N.J.A.C. 7:50-5.19.
(d)
The depth of seasonal high-water table is at
least five feet.
(e)
Any potable water well will be drilled and cased
to a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet.
(f)
The system will be maintained and inspected in accordance with the requirements of Subsection
C below.
(g)
The technology has been approved for use by
the New Jersey Department of Environmental Protection.
(h)
Flow values for nonresidential development shall
be determined based on the values contained in N.J.A.C, 7:9A-7.4,
as amended, except that the number of employees may not be utilized
in calculating flow values for office uses. In the event that N.J.A.C.
7:9A-7.4 does not provide flow values for a specific use, but a flow
value is assigned for that use in 7:14A-23.3(a), the flow value specified
in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
(5) Individual on-site septic wastewater treatment systems
which are intended to reduce the level of nitrate/nitrogen in the
wastewater, provided that:
(b)
If the proposed development is nonresidential, it is located:
[Amended 11-8-2018 by Ord. No. 14-2018]
[1]
In the Pinelands Town management area; or
[2]
In the Pinelands Forest Area, provided that the standards of
N.J.A.C. 7:50-6.84(a)5iii(2) are met.
(c)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model, dated December 1993, as amended, subject to the provisions of Subsection
B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development, but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §
170-63 or §
170-96.
(6) Surface water runoff, provided that the requirements of Chapter
233 are met.
[Amended 3-23-2023 by Ord. No. 3-2023]
(7) Alternate design pilot program treatment systems,
provided that:
[Added 2-24-2005 by Ord. No. 5-2005]
(a)
The proposed development to be served by the
system is residential and is otherwise permitted pursuant to the provisions
of this chapter;
(b)
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection
B(7)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §
170-64 or
170-95;
(c)
Only contiguous lands located within the same
zoning district and Pinelands management area as the proposed system
or systems maybe utilized for septic dilution proposes, except for
the development of an individual single-family dwelling on a lot existing
as of January 14, 1981, nonresidential development on a lot of five
acres or less existing as of January 14, 1981, or cluster development
as permitted by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high water table is at
least five feet;
(e)
Any potable water well will be drilled and cased
to a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet;
(f)
No more than 10 alternate design pilot program
treatment systems utilizing the same technology shall be installed
in the development of any parcel if those systems are each serving
one single-family dwelling;
(g)
Each system shall be equipped with automatic
dialing capability to the manufacturer, or its agent, in the event
of a mechanical malfunction;
(h)
Each system shall be designed and constructed
so that samples of effluent leaving the alternate design pilot program
septic system can be readily taken to confirm the performance of the
technology;
(i)
The manufacturer or its agent shall provide
to each owner an operation and maintenance manual approved pursuant
to N.J.A.C. 7:50-10.22(a)2iv;
(j)
Each system shall be covered by a five-year warranty and a minimum
five-year maintenance contract consistent with those approved pursuant
to N.J.A.C. 7:50-10.22(a)2v that cannot be canceled and is renewable
and which includes a provision requiring that the manufacturer or
its agent inspect the system at least once a year and undertake any
maintenance or repairs determined to be necessary during any such
inspection or as a result of observations made at any other time;
and
[Amended 11-8-2018 by Ord. No. 14-2018]
(k)
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection
B(7)(i) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[Amended 11-8-2018 by Ord. No. 14-2018]
(l)
No system shall be installed after August 5,
2007.
C. Individual wastewater treatment facility and petroleum
tank maintenance.
(1) The owner of every on-site septic waste treatment
facility shall, as soon as suitable septage disposal facility capacity
is available, in accordance with the provisions of Chapter 326 of
the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section
201 of the Clean Water Act:
(a)
Have the facility inspected by a technician
at least once every three years.
(b)
Have the facility cleaned at least once every
three years.
(c)
Once every three years, submit to the Board
of Health serving Egg Harbor City a sworn statement that the facility
has been inspected and cleaned and is functional, setting forth the
name of the person who performed the inspection and cleaning and the
date of such inspection.
(2) The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter
102 of the Laws of 1986, N.J.S.A. 58:10A-21 et seq.
D. Prohibited chemicals and materials.
(1) Use of the following substances is prohibited in the
Pinelands Area to the extent that such use will result in direct or
indirect introduction of such substances to any surface or ground
water or any land:
(2) All storage facilities for de-icing chemicals shall
be lined to prevent leaking into the soil and shall be covered with
an impermeable surface which shields the facility from precipitation.
(3) No person shall apply any herbicide to any road or
public utility right-of-way within the Pinelands Area unless necessary
to protect an adjacent agricultural activity.
E. Water management. Interbasin transfer of water between
watersheds shall be avoided to the maximum extent practical. In areas
served by central sewers, water-saving devices such as water-saving
toilets, showers and sink faucets shall be installed in all new developments.
Water shall not be exported from the Pinelands except as otherwise
provided in N.J.S.A. 58:1A-7.1.