[Amended by Ord. No. 80-6; Ord. No. 82-6; Ord. No. 89-4]
A. Where any subdivision of land is made into not more than four lots, sites or other divisions of land, the property owner or subdivider shall submit his application for approval to the Planning Board in accordance with the provisions of §
340-9 of this chapter.
B. Where the subdivision of land is made into more than four lots, sites or other divisions of land, the owner or subdivider shall be required to comply with the provisions of §§
340-10 through
340-14.
C. All subdivisions shall conform to the applicable provisions of the Zoning Ordinance of the City as set forth in Chapter
380, Zoning, of the Code of the City of Estell Manor, as amended.
D. Every application for subdivision approval shall be accompanied by
proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject matter of such
application; or, if it is shown that taxes or assessments are delinquent
on such property, any approvals or other relief granted shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provision for the payment thereof in such a manner
that the City will be adequately protected.
E. The Planning Board shall, within the time provided by statute, determine
whether or not the application constitutes a complete application,
as set forth by the New Jersey statutes in this chapter. If the Planning
Board deems that the application is incomplete, the same shall be
returned, together with any filing fees, to the applicant, with a
statement as to the reasons why the application is deemed incomplete.
If the application is deemed to be complete, it shall be acted upon
within the time provided by statute.
F. Subdivisions in Pinelands Area. All proposed subdivisions in the Pinelands Area shall comply with the procedures set forth in §
340-17 below, in addition to the other procedures and standards set forth in this chapter.
[Amended by Ord. No. 78-13; Ord. No. 81-1; Ord. No. 82-6; Ord. No. 86-10; Ord. No. 89-4]
A. The subdivider of a parcel of land when the resulting division shall not exceed four lots, sites or other divisions of land, as set forth in the definition of "minor subdivision" in §
340-5, shall submit to the administrative officer 12 copies of a completed application form and 12 copies of a survey issued by a licensed surveyor of the state setting forth the proposed subdivision at least 20 days in advance of a meeting at which the application shall be heard. One copy of all materials so submitted shall be forwarded to the Zoning Officer and two copies to the City Engineer by the administrative officer. The administrative officer shall immediately notify the Secretary of the Planning Board upon receipt of the application form.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B. Wherever review or approval of the application is required by the
County Planning Board by the terms of any statute, ordinance or regulation,
the Planning Board shall condition any approval that it grants upon
timely receipt of a favorable report on said application by the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time period.
C. The Planning Board may waive notice and public hearing in connection
with the application for a minor subdivision.
D. Minor subdivision approval shall be granted or denied by the Planning
Board within 45 days of the date of submission of a complete application
to the Administrative Officer or within such further time as may be
consented to by the applicant.
E. The decision of the Planning Board, either accepting or rejecting
the proposed subdivision, shall be binding upon the person making
an application. In the event that the division plan is approved and
accepted by the Planning Board, a certificate of the acceptance executed
by its proper officers shall be endorsed on each of the surveys submitted.
[Amended by Ord. No. 78-13; Ord. No. 81-1; Ord. No. 82-6; Ord. No. 83-4; Ord. No. 83-10; Ord. No. 84-10; Ord. No. 86-10; Ord. No. 89-4]
A. Submission of preliminary plat of subdivision for tentative approval.
(1) Administrative officer. At least 18 black-on-white prints of the
preliminary plat, together with 18 completed application forms for
preliminary approval, shall be submitted to the administrative officer
at least 20 days prior to but no more than 28 days prior to the Planning
Board meeting at which consideration is desired. The administrative
officer shall submit one copy of the same to the Zoning Officer and
two copies to the City Engineer. The administrative officer shall
immediately notify the Secretary of the Planning Board upon receipt
of the preliminary plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2) Notice requirements.
(a)
The application for approval of the final plat shall be submitted
to the administrative officer at least 20 days and no more than 28
days prior to the meeting of the Planning Board at which the final
approval is sought. Such application to the administrative officer
shall include 12 black-on-white prints and 12 copies of the application
form for final approval. Two copies of each of the materials shall
be submitted by the administrative officer to the City Engineer. The
administrative officer shall immediately notify the Secretary of the
Planning Board upon receipt of the final plat.
(b)
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. 7:50-4.26, as heretofore or hereafter amended.
(3) Notice requirements; historic landmarks. Where a major subdivision contains thereon any site designated as an historic landmark or abuts any lot containing an historic landmark or is within 200 feet of the same, the applicant shall, in addition to following the other procedures set forth in this section, comply with all requirements set forth in §
380-20, Historic preservation, as heretofore or hereafter amended, including the payment of the fees set forth in said section, except that the time within which the Historic Preservation Commission shall act shall be limited to 30 days after the submission of the same to the City Clerk, or within such further time as may be consented to by the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(4) In addition, copies of the preliminary plat shall be forwarded by
the Secretary of the Planning Board prior to the hearing to the following
persons:
(a)
Director of County Planning Board.
(b)
Such other municipal, county or state officials as directed
by the Planning Board.
(5) Upon the submission to the administrative officer of a completed
application for a subdivision of between five and 10 lots, the Planning
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 developer. Upon the submission of a completed application
for a subdivision of more than 10 lots, the Planning 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 developer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(6) If the Planning Board acts favorably on a preliminary plat, a notation
to that effect shall be made on the plat.
B. Submission of final plat for final approval.
(1) Upon the effective date of Planning Board approval of the preliminary plat pursuant to Subsection
A of this section, the subdivider shall present the final plat for action by the Planning Board in accordance with these regulations and in compliance with all the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq. Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under §
340-13, or the Planning Board shall require the posting of adequate performance guaranty to ensure the installation of the required improvements.
(2) Approval. The application for approval of the final plat shall be
submitted to the Secretary of the Planning Board and a copy thereof
shall be submitted to the City Clerk at least 14 days and no more
than 28 days prior to the meeting of the Planning Board at which the
final approval is sought. Such application shall include the original
tracing, one translucent tracing cloth copy, two cloth prints, six
black-on-white prints and three copies of the application form for
final approval. The Planning Board may, at its discretion, permit
the submission of tracings and prints on other materials, provided
that such materials result in a plat of at least equal quality as
would be provided by the materials set forth above. Unless the preliminary
plat is approved without changes, the final plat shall have incorporated
all changes or modifications required by the Planning Board and the
Commission. The final plat shall be accompanied by a statement by
the City Engineer that he is in receipt of a map showing all utilities
and the exact location and elevation, identifying those portions already
installed and those to be installed, and that the subdivider has complied
with one or more of the following:
(a)
All improvements have been installed in accordance with requirements
of these regulations.
(b)
The performance guaranty has been posted with the City Treasurer
in sufficient amount to insure the completion of all required improvements.
(c)
A fee has been paid, the amount to be determined by the cost
of the City and engineering fees and other expenses incurred in the
process of acting on the application for approval of the subdivision
plat; additional fees that may be required at any time before action
is taken should the actual engineering expenses be in excess of that
originally estimated. Any unpaid fees shall constitute a lien against
the property in question, upon certification to the Tax Collector
by the Planning Board of said unpaid fees.
(3) The Planning Board shall take final action on the final plat within
45 days after the submission of the same to the City Clerk or within
such further time as may be consented to by the applicant. The action
shall be noted on the plat, and, if favorable, the Chairman and the
Secretary of the Planning Board shall affix their signatures thereto.
(4) Upon final approval, copies of the final plat shall be filed with
the following: the City Clerk, City Engineer, Tax Assessor, Building
Inspector or Zoning Officer, County Planning Board and other officials
as directed by the Planning Board.
(5) No plat shall be filed with the county recording officer unless approved
by the resolution of the Planning Board pursuant to Section 28 of
the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A.
40:55D-37.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(6) Where subdivision approval is dictated, no permit for development
shall be issued unless such plat is approved by resolution of the
Planning Board pursuant to Section 28 of the Municipal Land Use Law,
Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-37.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 84-10; Ord. No. 89-4]
A. Preliminary plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 50 feet. Preliminary plats shall be designed and drawn by a licensed New Jersey land surveyor or engineer. The plat shall be designed in compliance with the provisions of §
340-12 of this chapter and, in addition, shall show all improvements required by §
340-13 and shall show or be accompanied by the following information:
(1) A key map showing the entire subdivision and its relation to surrounding
areas.
(2) The tract name, block and lot number, reference meridian, graphic
scale and the following names and addresses:
(a)
Name and address of the record owner or owners and of all adjoining
property owners.
(b)
Name and address of the subdivider.
(c)
Name and address of the person who prepared map.
(3) Acreage of tract to be subdivided to nearest tenth of an acre.
(4) Sufficient elevations or contour to determine the general slope and
natural drainage of the land and the high and low points and tentative
cross sections and center-line profiles for all proposed new streets.
(5) 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.
(6) Plans of proposed utility layouts (sewers, storm drains, water, gas
and electricity) showing feasible connections to existing or any proposed
utility system.
(a)
When an individual water supply or sewage disposal system is
proposed, the plan for such system must be approved by the appropriate
local, county or state health agency. When a public sewage disposal
system is not available, the developer shall have soil borings and
percolation tests made and submit the results with the preliminary
plat. The soil borings and percolation tests shall be done in accordance
with the provisions of N.J.S.A. 58:11-23 et seq., as heretofore or
hereafter amended, and the regulations adopted pursuant thereto, and
shall be submitted at suitable locations with a tract map showing
location, logs, and elevations of all test holes, indicating where
groundwater was encountered, as estimating the seasonal high-water
table and demonstrating that such facility is adequate to meet all
water quality standards contained in any federal, state or local law,
including all of the provisions of the Code of the City of Estell
Manor.
(b)
Any subdivision or part thereof which does not meet with the
established requirements of this chapter or other applicable regulations
shall not be approved. Any remedy proposed to overcome such a situation
shall first be approved by the appropriate local, county or state
health agency.
(7) A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
(8) A soils map, 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.
(9) If the proposed subdivision is in the Pinelands Area, any additional information required by §
340-17 of this chapter.
(10)
If the subdivision encompasses within its boundaries one or
more historic landmarks or abuts or is within 200 feet of premises
containing an historic landmark, each said historic landmark should
be designated and shown on the plat.
B. Final plat. The final plat shall be drawn in ink on tracing cloth
or other material approved by the Planning Board giving a plat of
at least equal quality thereto, at a scale of not less than one inch
equals 50 feet, and in compliance with all the provisions of the Municipal
Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et
seq. The final plat shall show or be accompanied by the following:
(1) Date, name and location of the subdivision, name of owner, 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, all lot lines and other site lines, with accurate dimensions,
bearings or deflection angles and radii, acres and central angles
of all curves.
(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) Each block shall be numbered, and the lots within each block shall
be numbered consecutively beginning with No. 1.
(5) Minimum building setback line on all lots and other sites.
(6) Location and description of all monuments.
(7) Names of owners of adjoining unsubdivided land.
(8) Certification by an engineer or surveyor as to accuracy of details
of plat.
(9) Certification that the applicant is the agent or owner of the land
or that the owner has given consent under an option agreement.
(10)
When approval of a plat is required by any officer or body of
such a City, county or state, approval shall be certified on the plat.
(11)
Cross sections and profiles of streets, approved by the City
Engineer, shall be required to accompany the final plat.
(12)
Contours at five-foot intervals for slopes averaging 10% or
greater and at two-foot intervals for land of lesser slope.
(13)
Plans and profiles of storm and sanitary sewers and water mains.
(14)
Certificate from Tax Collector that all taxes are paid to date.
(15)
If the proposed subdivision is in the Pinelands Area, any information required by §
340-17 of this chapter.
[Amended by Ord. No. 82-26; Ord. No. 83-4]
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof. In the Pinelands Area, no development shall be approved unless the applicant has demonstrated compliance with the standards set forth in Chapter
380, Zoning, Article
VI, General Regulations, and Article
VII, Special Regulations.
A. General. The subdivision plat shall conform to design standards that
will encourage good development patterns within the City. The subdivision
shall conform to the proposals and conditions of the Master Plan and
Zoning Chapter. The streets, drainage rights-of-way, school sites,
public parks and playgrounds shown on the Master Plan shall be considered
in approval of subdivision plats. In addition, streets and drainage
rights-of-way shall be shown in the final plat in accordance with
the provisions of the Municipal Land Use Law, Chapter 291 of the Laws
of 1975, N.J.S.A. 40:55D-1 et seq., and shall be such as to lend themselves
to the harmonious development of the City and enhance the public welfare
in accordance with the following design standards.
B. Streets.
(1) The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extending of existing
streets.
(2) Minor streets shall be so designed as to discourage through traffic.
(3) Subdivisions abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting or some
other means of separation of through and local traffic as the Planning
Board may determine appropriate.
(4) The right-of-way width shall be measured from lot line to lot line
and shall not be less than the following:
(a)
Arterial streets: 50 feet, unless such street constitutes an
extension of an existing street of a greater width or has already
been shown on the Master Plan at the greater width, in which case
the greater width shall be conformed to.
(b)
Collector streets: 50 feet.
(c)
The right-of-way width for minor and marginal access streets,
and for internal roads and alleys in multifamily, commercial and industrial
development shall be determined on an individual basis and shall in
all cases be of sufficient width and design to safely accommodate
the maximum traffic, parking and loading needs and maximum access
for firefighting equipment.
(5) No subdivision 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 City Council under conditions approved
by the Planning Board.
(6) 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 the road. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
(7) No street shall have a minimum grade of less than 1/3 of 1%.
(8) Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the curbline, with a curve having a radius of
not less than 15 feet.
(9) Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
(10)
When connecting street lines deflect from each other at any
point by more than 10° and not more than 45°, they shall be
connected by a curve with a radius of not less than 100 feet for minor
streets and 300 feet for arterial and collector streets.
(11)
All changes in grade shall be connected by vertical curves of
sufficient radius to provide a smooth transition and proper sight
distance.
(12)
Dead-end streets shall not be longer than 600 feet and shall
provide a turnaround at the end with a radius of not less than 50
feet and tangent whenever possible to the right side of the street.
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
(13)
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the name of existing streets. The
continuation of an existing street shall have the same name.
[Amended by Ord. No. 78-6; Ord. No. 79-13; Ord. No. 82-6; Ord. No. 89-4]
A. Prior to the granting of final approval, the subdivider shall have
installed or shall have furnished performance guaranties for the ultimate
installation of the following:
(1) Streets and street signs.
(a)
The minimum requirement for the gravel base course of any street
shall be the soil aggregate, Type II, Class B, conforming to the requirements
specified in the current New Jersey State Highway Department Standard
Specifications for Road and Bridge Construction and shall be not less
than six inches in depth after ultimate compaction.
(b)
Upon the previously described gravel base course shall be applied
two inches of bituminous stabilized base course and two inches of
bituminous concrete surface course, FABC-1, Mix No. 5, in accordance
with the New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction.
(c)
Street signs shall be of a type and design approved by the Planning
Board and shall be installed at all street intersections.
(2) Topsoil protections. No topsoil shall be removed from the site or
used as spoil. Topsoil removed during the course of construction shall
be redistributed so as to provide at least four inches of cover to
all areas of the subdivision and shall be stabilized by seeding or
planting, in accordance with the provisions of all applicable ordinances
of the City of Estell Manor. Soil shall be protected and conserved
from erosion of wind or water and from excavation and grading.
(3) Monuments. Monuments shall be the size and shape required by N.J.S.A.
46:26B-2 and 46:26B-3 and shall be placed in accordance with the statute.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(4) Water mains, culverts, storm sewers and sanitary sewers.
(a)
All such installations shall be properly connected with an approved
system, shall be adequate to handle all present and probable future
development and shall be designed in accordance with all other applicable
provisions of the ordinances of the City of Estell Manor.
(b)
All of the above-listed improvements shall be subject to inspection
and approval by the City Engineer, who shall be notified by the developer
at least 24 hours prior to the start of construction. No underground
installation shall be covered until inspected and approved.
(5) Streetlighting. The location and design of the streetlighting facilities
shall be approved by the Planning Board and shall be installed in
accordance with the standards and specifications of the Atlantic Electric
Company.
(6) Curbs, gutters and sidewalks.
(a)
Curbs, gutters and sidewalks may be required and shall be determined
on an individual basis by the Planning Board. All curbs, where required,
shall be a minimum of 18 inches deep and six inches in width. All
concrete gutters, where required, shall be a minimum of six inches
deep and 24 inches in width. Concrete for curb and gutter construction
shall have a compressive strength of 3,000 pounds per square inch
after 28 days and shall be Class B concrete in accordance with the
New Jersey State Highway Department specifications. Sidewalks, where
required, shall be a minimum of four feet wide, but the Planning Board
may require additional widths in high density areas. Sidewalks shall
be a minimum of four inches in thickness, except at driveways where
they shall be at least six inches thick. Concrete for sidewalk construction
shall have a compressive strength of 2,500 pounds per square inch
after 28 days and shall be Class C concrete in accordance with New
Jersey State Highway specifications.
(b)
All of the above-listed improvements shall be subject to inspection
and approval by the City Engineer, who shall be notified by the developer
at least 24 hours prior to the start of construction. No underground
installation shall be covered until inspected and approved.
B. Performance guaranty.
(1) No final plat shall be approved by the Planning Board until the completion
of all such required improvements have been certified to the City
Council by the City Engineer unless the subdivision owner shall have
filed with the City a performance guaranty sufficient in amount to
cover the cost of all improvements or uncompleted portions thereof
as estimated by the City Engineer and assuring the installation of
such uncompleted improvements on or before an agreed date. The performance
guaranty may be in the form of a performance bond, which shall be
issued by a bonding or surety company approved by the City Council,
a certified check returnable to the subdivider after full compliance
or any other type of surety approved by the City Attorney.
(2) The performance guaranty shall be approved by the City Attorney as
to form, sufficiency and execution. The performance guaranties shall
run for a period to be fixed by the Planning Board but, in no case,
for a term of more than three years. However, with the consent of
the owner and the surety, if there be one, the Planning Board may
by resolution extend the term of the performance guaranty for an additional
period not to exceed three years. The amount of the performance guaranty
may be reduced by resolution of the Planning Board when portions of
the required improvements have been installed. In addition, a maintenance
guaranty may also be required in accordance with the provisions of
Section 41 of the Municipal Land Use Law, Chapter 291 of the Laws
of 1975, N.J.S.A. 40:55D-53.
(3) If the required improvements have not been installed in accordance
with the performance guaranty, the obligor and surety shall be liable
thereon to the City for the reasonable cost of the improvements not
installed or maintained and upon receipt of the proceeds thereon the
City shall install or provide for maintenance of the improvements.
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 Chapter
380, Zoning, and to provide for convenient access, circulation, control and safety of street traffic.
(2) In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Planning Board. The walkway shall
be 10 feet wide and be straight from street to street.
(3) For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
D. Lots.
(1) Lot dimensions and area shall not be less than the requirements of Chapter
380, Zoning.
(2) Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
(3) Each lot must front upon an approved street at least 50 feet in width,
except for lots fronting on narrower streets existing at the time
of passage of the original Subdivision Ordinance of the City.
(4) Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
(5) Where there is a question as to the suitability of a lot or lots
for their intended use due to factors, such as rock formations, flood
conditions or similar circumstances, the Planning Board may, after
adequate investigation, withhold approval of the lots.
E. Public use and service areas.
(1) In large scale development, easements along rear property lines or
elsewhere for utility installation may be required. The easement shall
be at least 15 feet wide and located in consultation with the companies
or City departments concerned.
(2) Where a subdivision is traversed by a watercourse, drainageway, channel
or street, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially to the lines of the watercourse
and further width or construction, or both, as will be adequate for
the purpose.
(3) Natural features, such as trees, brooks, hilltops and views, shall
be preserved whenever possible in designing any subdivision containing
such features.
F. Environmental impact statement. All applications for major subdivisions
hereunder containing 25 or more lots shall be accompanied by an environmental
impact statement, which shall include therein the fiscal impact on
City services and facilities and shall conform in every respect to
the definition and requirements as set forth in the New Jersey Coastal
Area Facility Review Act, N.J.S.A. 13:19-1 et seq., and regulations
adopted pursuant thereto, and specifically to include all requirements
set forth in Subchapters 4.0, 9.0 and 10.0 of the Coastal Area Facility
Review Act Rules and Regulations promulgated by the Commissioner of
the Department of Environmental Protection under Docket No. DEP 005-76-03
and as may hereafter be otherwise amended pursuant to the authority
aforesaid. Notwithstanding anything therein contained to the contrary,
all procedures pertaining to the submission of an application for
major subdivisions as set forth in this Code shall apply to the submission
and processing of such environmental impact statement, unless otherwise
required in the case of a subdivision within the jurisdiction of the
aforesaid Coastal Area Facility Review Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
G. Off-site improvements. Payment of the pro rata share, as may be determined
by the Planning Board, of the cost of providing only reasonable and
necessary street improvements and water, sewerage and drainage facilities
and easements therefor, located outside the property limits of the
subdivision or development, but necessitated or required by the construction
or improvements within such subdivision or development, as set forth
under Section 30 of Chapter 291 of the Laws of 1975, the Municipal
Land Use Act, N.J.S.A. 40:55D-42.
H. Energy conservation. The developer shall set forth what provisions
shall be utilized in promoting the conservation of energy through
the use of planning practices designed to reduce energy consumption
and to provide for maximum utilization of renewable energy resources,
including maximizing the warming effects of the winter sun, reducing
the impact of winter winds, minimizing heat loss within buildings
and providing for cooling during summer months. A developer may, where
practicable, include the utilization of windmills and solar heat and
cooling. The Planning Board shall have the jurisdiction to require
such energy conservation devices as may be suitable for the subdivision
in question consistent with these objectives and in accordance with
the following standards which are nonbinding guidelines.
(1) Efficiency of site design.
(a)
Most efficient road, water and sewer and electric utility layout.
(d)
Centralized heating of development.
(e)
Alternative energy source for development.
(2) Orientation of development.
(a)
Where possible, land should be gently sloping and oriented toward
the southeast to southwest.
(b)
Where possible, buildings should face the southeast to southwest.
(c)
Buildings should be positioned in the most favorable topographical
position allowed by land forms.
(d)
Buildings should be on a wooded site or site otherwise sheltered
rather than an open site.
(3) Wind protection for development.
(a)
Shelter belts should be used where possible.
(b)
Development should be between 10 and 20 times the height of
the shelter belt.
(c)
Shelter belts should serve more than one purpose.
(4) Wind protection for individual buildings.
(a)
Windscreens should be used for each building.
(b)
Buildings should be oriented between 45° and 90° of
the prevailing wind.
(c)
Nonheated buildings should face windward.
(d)
Wind barriers should be used to direct cold winter winds away
from buildings and cool summer winds into buildings.
(e)
Physical devices to manipulate the air should be considered
in lieu of or as a supplement to mechanical air conditioning.
(5) Shading.
(a)
Outside shading devices should be used to shade major window
areas.
(b)
Deciduous trees should be used for shading and placed in optimal
locations for summer shade.
(c)
Vines should be considered on sunny brick, stone, concrete or
masonry walls.
(d)
Grass or other plant material may be used against buildings
instead of paving.
[Amended by Ord. No. 86-10; Ord. No. 89-4; Ord. No. 91-6]
A. All applications for development in the City of Estell Manor shall
be accompanied by the fees set forth in the revised chart, which accompanies
and is made part of this chapter. Said revised chart supersedes the prior Chart of Fees
and Deposits formerly in effect in said City.
B. All fees are nonrefundable.
C. In addition to said fees, the applicant shall, where applicable,
pay the deposit required for engineering, legal, other expenses and
costs associated with revisions of the City Tax Map in accordance
with said revised chart.
D. Said fees and/or deposit shall be payable to the City of Estell Manor.
No application shall be submitted to the approving agency until all
fees and deposits required have been paid in full.
E. In addition to the fees in question, each applicant shall be responsible
for payment for the time reasonably expended by the City Engineer
or the Planning Board Attorney, as well as the costs of any other
expert reasonably obtained by the approving agency or the Historic
Preservation Commission in connection with the application in question.
Compensation to the Engineer or the Planning Board Attorney shall
be at such reasonable hourly rates as may have been approved by the
approving agency, and compensation of any other experts shall be approved
at reasonable hourly rates.
[Amended 11-5-1997 by Ord. No. 97-6]
F. In addition, the applicant for a subdivision within the City of Estell
Manor shall be responsible for the payment of all costs associated
with the revisions of the City Tax Maps in regard to such subdivision.
G. All actions on the part of any approving agency shall be contingent
upon the applicant's paying said reasonable expenses. If said expenses
exceed the amount of deposit paid by the applicant, the applicant
shall, upon being billed for the same by the approving agency, immediately
pay the difference between the expenses incurred and the deposit paid.
In the event that the expenses incurred are less than the deposit,
the difference shall be refunded to the applicant. Said expenses shall
be payable by the applicant, upon request, regardless of whether or
not the application is approved.
H. Any unpaid fees shall constitute a lien against the property in question
upon certification to the Tax Collector by the approving agency of
said unpaid fees.
I. No building permit for the subject application shall be issued until
the balance due of any said fees shall have been paid in full by the
applicant.
J. As used in this section, the term "approving agency" shall be the
Planning Board or the Historic Preservation Commission, as the case
may be, being that agency to which the application is submitted.
[Amended 11-5-1997 by Ord. No. 97-6]
K. In the event that an application is made for more than one category
of approval, as shown on the revised Chart of Fees and Deposits, the total fees, plus the total amount of deposits for
each of the types of approval sought, shall be paid.
L. The City Engineer, the Planning Board Attorney, the Tax Assessor
or such other expert as may be retained by the approving agency or
Historic Preservation Commission may be paid by City Council upon
submission of a voucher for services rendered in connection with the
application in question to the City Clerk, in accordance with the
normal voucher procedures, under the rates approved by the approving
agency.
[Amended 11-5-1997 by Ord. No. 97-6]
[Amended by Ord. No. 86-10]
The following are exempt from the payment of any fees in connection
with a land use application:
A. Charitable, philanthropic, fraternal and religious nonprofitable
organizations holding a tax-exempt status under the Federal Internal
Revenue Code of 1954 [26 U.S.C.A. § 501(c) or (d)].
B. Agencies of the City of Estell Manor or the Board of Education of
the City of Estell Manor.
[Amended by Ord. No. 86-10]
Each applicant for development shall, in addition to all other
requirements, signify, in writing, on forms provided by the City Clerk,
an agreement to pay to the City of Estell Manor all reasonable costs
required for professional review of the application in question. No
application for land development shall be deemed complete in the absence
of said written agreement.
[Amended by Ord. No. 89-4; Ord. No. 89-11; Ord. No. 97-3]
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 section.
(2) Except as provided in Subsection
A(3) below, the following shall not be subject to the procedures set forth in this section:
(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.
(f)
The clearing of less than 1,500 square feet of land.
(g)
The demolition of any structure that is less than 50 years old.
(h)
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.
(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 11-14-2018 by Ord. No. 04-2018]
(k)
The clearing of land solely for agricultural or horticultural
purposes.
[Amended 11-14-2018 by Ord. No. 04-2018]
(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 the clearing and maintaining of fire
breaks.
(q)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to §
380-42A of Chapter
380, Zoning, of the Code of the City of Estell Manor.
(r)
The construction of any addition or accessory structure for
any nonresidential use or any multifamily residential structure provided
that:
[Added 11-14-2018 by Ord.
No. 04-2018]
[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.
(s)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 11-14-2018 by Ord.
No. 04-2018]
(t)
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 11-14-2018 by Ord.
No. 04-2018]
(u)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 11-14-2018 by Ord.
No. 04-2018]
(v)
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 11-14-2018 by Ord.
No. 04-2018]
(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.
(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.
B. Application requirements for minor development. Any application for approval of minor development shall be on the official forms prescribed in §
340-4 of this chapter. In addition, to the extent that said information is not included on the official forms, all information required under provisions of §
380-77B of the Code of the City of Estell Manor shall be included.
C. Application requirements for major development. Any application for approval of major development shall be on the official forms prescribed in §
340-4 of this chapter. In addition, to the extent that said information is not included on the official forms, all information required under provisions of §
380-77C of the Code of the City of Estell Manor shall be included.
D. Application not requiring formal municipal land use approval. Any
application for development not requiring action by the Planning Board
of the City of Estell Manor shall include all information which may
be required by the Zoning Officer of the City of Estell Manor in issuing
any permits required therefor and, in addition, shall include such
information as may be required by the Regulations of the Pinelands
Commission.
[Amended 11-5-1997 by Ord. No. 97-6]
E. Notices to the Pinelands Commission.
[Amended 11-14-2018 by Ord. No. 04-2018]
(1) Application submission and modifications. Written notification shall
be given by the Administrative Officer, by e-mail or regular mail,
to the Pinelands Commission within seven days after determination
is made by the approval agency that an application for development
in the Pinelands Area is complete or if a determination is made by
the approval agency that the applicant has been modified. Such notice
shall include:
(a)
A copy of the resolution of the approval agency.
(b)
To the extent that the same is not included in the resolution:
[1]
The name and address of the applicant.
[2]
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
[3]
A brief description of the proposed development, including uses
and intensity of uses proposed.
[4]
The application number of the Certificate of Filing issued by
the Pinelands Commission and the date on which it was issued.
[5]
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.
[6]
The approval agency with which the application or change thereto
was filed.
[7]
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.
[8]
The nature of the municipal approval or approvals being sought.
[9]
The date of adoption of the resolution referred to in Subsection
E(1)(a).
(c)
This provision shall not prevent the approval agency from determining the application on its merits at the time the application is deemed complete, provided that the provisions of Subsection
E(2) of this subsection, which follows immediately below, have been carried out by the applicant.
(2) Meetings and 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 e-mail, 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.
(g)
A copy of the notice to the Pinelands Commission and proof of
service thereon shall be filed with the Solicitor of the approval
agency at least one week prior to the meeting date.
(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 receipt of formal written notice of the approval
or denial give notice by e-mail or regular mail to the Pinelands Commission.
Said 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.
(4) A copy of the notice of approval required in Subsection
E(3) of this subsection, as set forth immediately preceding this subsection, shall be filed with the approval agency within two weeks of the notification of same.
F. Review by the Pinelands Commission.
(1) Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection
E(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 N.J.A.C. 7:50-4.42. 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.
(2) 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 the local approval under this section.
(3) 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.
G. Condition on prior approvals of the City.
(1) 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:
(a)
Notification is received from the Pinelands Commission that
review of the City's approval is not required;
(b)
Review of the City's approval has been completed pursuant to
N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42 and a final order regarding
the approval is received by the City from the Pinelands Commission;
or
(c)
Proof that any adverse determination of the Pinelands Commission
has been reversed by an administrative or judicial body having power
to do the same and no further appeal is pending and that all time
limitations for said appeal have expired.
(2) The above provisions shall not, however, prevent the approval agency
from modifying the prior approval, provided that there shall be no
subsequent approval of an application for development until the above
conditions are met.
H. Effect of Pinelands Commission decision on City approval. If the
Pinelands Commission disapproves an application for development previously
approved by an approval agency, the application shall be deemed to
be rejected. If the Commission approves the decision of an approval
agency subject to conditions, the approval agency may, within 60 days,
modify its prior approval to include some or all of the conditions
imposed by the Commission. If the approval agency does not accept
all of the conditions so imposed, the application shall be considered
to have been rejected. In the case of an approval of a preliminary
application for development, no final approval shall be granted by
an approval agency unless the application for approval demonstrates
that the conditions specified by the Commission have been met by the
applicant.
I. 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.
J. Environmental Commission review. All applications for major development
shall be referred to the Environmental Commission of Estell Manor
for review and comment, if the same be established.
K. 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, unless a variance be
obtained, all of the standards set forth in this chapter must be met.
L. Amendments. In amending this chapter or any other chapter of the
Code of the City of Estell Manor shall comply with all of the requirements
of N.J.A.C. 7:50-3.45.