[Ord. No. 1980-12]
This chapter establishes a new site plan review ordinance for
Greenwich Township in order to govern the construction, erection and
alteration of buildings and other structures within the Township,
and thereby repeals the existing site plan review ordinance adopted
on December 28, 1979.
Copies are on file for public examination and acquisition at
the office of Municipal Clerk on Monday through Friday (9:00 a.m.
to 4:00 p.m.) at the Municipal Building, Greenwich Street, Stewartsville,
New Jersey.
[Ord. No. 1980-12; Ord. No. 1994-5]
Site plan review and approval shall be required for any change
of use, or before any excavation, removal of soil, clearing of a site,
or placing of any fill on lands contemplated for development and,
except as hereinafter provided, no building permit shall be issued
for any building or use, or reduction or enlargement in size or other
alteration of any existing building or change of use in any existing
building, including accessory structures, unless a site plan is first
submitted and approved by the reviewing Board and no certificate of
occupancy shall be issued unless all construction and development
conforms to the plans approved by the reviewing Board.
Site plan, approval shall not be required for any detached one
or two dwelling unit buildings or any uses accessory thereto, such
as a private garage or storage shed incidental to residential uses,
but this provision shall not limit the requirements for submission
and approval of subdivision plats as otherwise required by the Land
Subdivision Ordinance.
Site plan review shall not be required for the reconstruction
of a conforming structure, including a structure erected in accordance
with the terms of a variance previously granted, which has been destroyed
by fire or other casualty, provided that the building or structure
does not violate any yard, setback or height requirements for the
zone in which it is located, and that the building is intended to
be used for the same conforming use which existed at the time of the
loss or destruction thereof.
[Ord. No. 1994-5; Ord. No. 1995-04; Ord.
No. 1996-6; Ord. No. 1996-10]
Any applicant proposing the development of a single lot which does not involve any planned development, any new street or the extension of any off tract improvement, the cost of which is to be prorated pursuant to Subsection 15-8.9 of the Land Subdivision Ordinance, shall submit an application and plan containing the details hereinafter required which contains the information reasonably required in order for the approving authority to make an informed determination as to whether the requirements established by this ordinance for approval of a minor site plan shall have been met.
Minor site plan applications shall be limited to the following
classes of development:
a.
A change in use involving no building construction, other than interior
modifications or interior structural alterations, and no need for
additional off street parking, new or altered driveway access, lighting
or drainage improvements.
b.
Minor structural changes, such as entry enclosures, porticos and
other structural appurtenances, including roof appurtenances.
c.
Building additions not exceeding 100 square feet in ground coverage
and accessory buildings and structures not exceeding 500 square feet
in ground coverage, provided that same did not invade upon any required
off street parking area, setback area or otherwise violated any requirements
of the Zoning Ordinance.
d.
Home occupations as defined in Subsection 16-3.3 of the Zoning Ordinance. Provided, however, that home occupations with respect to which the applicant clearly demonstrates to the Zoning Officer or the Land Use Board that the proposed home occupation will not create a need for additional off street parking, the need for new or altered driveway access or the need for additional lighting or drainage improvements, shall be exempt from the requirements of any form of site plan review and approval (minor site plan or major site plan requirements).
[Amended by Ord. No. 2014-02]
e.
All applications for minor site plan approval and home occupations
shall require a public hearing with legal notice to be given by the
applicant to all property owners within 200 feet of the property which
is the subject of the application, unless the Land Use Board or Zoning
Officer determines, after reviewing the nature and extent of the application,
to waive the necessity of a public hearing and the notice required
therefor. Where notification is required, the applicant shall obtain
a certified property list from the Township official designated to
provide the same.
[Amended by Ord. No. 2014-02]
[Ord. No. 1994-5]
A minor site plan application shall be filed in accordance with procedural requirements of Subsection 14-3.1 below, shall be either 15 inches by 21 inches or 24 inches by 36 inches, shall be drawn at a scale of not less than one inch equals 50 feet and not greater than one inch equals 10 feet, and shall include the following plat details and other data:
a.
The name, mailing address and telephone number of the applicant,
the owner and person preparing the plat.
b.
An affidavit of the owner and other parties in interest that the
site plan is submitted with their knowledge and consent.
c.
The Township Tax Map sheet number and lot and block numbers of the
lot or lots.
d.
A key location map showing the site and its relationship to surrounding
areas, including Master Plan features within 1/2 mile of the extreme
limits of the tract in question.
e.
A date, graphic scale, North arrow and reference meridian and revision
block to track map revisions.
f.
The zone district in which the lot or lots are located, together
with a delineation of the yard setback lines required in the zone
district.
g.
An accurate boundary survey prepared, certified and sealed by a New
Jersey licensed land surveyor where the site plan involves new buildings,
additions or accessory buildings or structures, which survey shall
be based on a field traverse with an error of closure of not less
than one part in 10,000. Where no such additions, buildings or structures
are involved, the map may be based upon Tax Map or other data. Provide
acreage to nearest one hundredth acre and nearest square foot.
h.
The existing and proposed principal building or structures and all
accessory buildings or structures, if any, and finished grade elevations
of all first floors.
i.
A statement by the applicant indicating the proposed use of the property
and anticipated impacts upon traffic circulation, parking, lighting
and stormwater runoff.
j.
All setback dimensions and minimum setback lines, fences and landscaped
areas and trees.
k.
All existing and proposed signs and details of their size, lighting,
type of construction and location.
l.
The location, type and size of all existing and proposed curbs, sidewalks,
driveways, fences, retaining walls, parking space area and the layouts
thereof and all off street loading areas, together with the dimensions
of all the foregoing on the site in question.
m.
The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances which may affect the lot or lots
in question.
n.
The location and size of all sanitary sewer lines.
o.
The location, size and type of all proposed utility lines and structures,
including but not limited to telephone, electric, water, sanitary
sewer, gas and CATV.
p.
The location of all waterways, ditches and water bodies, including
floodplains.
q.
The indication of drainage patterns, existing and proposed.
r.
The location of existing and proposed individual wells and septic
systems.
s.
Existing and proposed connections to existing and proposed utilities,
together with written approval to connect from respective utility
companies.
t.
Wetlands delineation, report and LOI if required.
u.
Completed application form with appropriate number of plats.
v.
Appropriate application fees and escrow payments.
w.
Certification of taxes paid to date from Township Tax Assessor.
x.
In the case of a developer which is a corporation or partnership,
a list of owners' names and addresses pursuant to N.J.S.A. 40:55D-48.1.
y.
A plan may be prepared by the owner or his representative, provided
that the plan shall be drawn to scale and shall accurately depict
the property and its features. The name of the preparer shall be indicated
on the plan. However, in the case of proposed building additions or
accessory buildings or structures, a boundary survey shall be provided
which has been signed and sealed by a surveyor licensed in New Jersey.
z.
Copies of application forms to other review agencies having jurisdiction.
[Ord. No. 1994-5]
Minor site plan approval shall be considered final approval of the site plan by the Board, and a preliminary site plan and preliminary site plan approval, in accordance with Subsection 14-3.1 below, shall not be required.
[Ord. No. 1980-12; amended
by Ord. No. 2014-02]
Where a use variance is not an issue, any applicant may appear
at a regular meeting of the Land Use Board for informal discussion
with reference to a proposed site plan with an informally prepared
plan of sufficient accuracy to be used for the purpose of discussion.
This informal discussion will be to review the overall development
concepts in order to assist the applicant in the preparation of his
site plan. No decisions will be made and no formal action taken on
an informal submission. The date included on an informal submission
shall include sufficient basic data to enable the Board and the applicant
to comment upon design concepts such as building location, ingress
and egress, parking, major natural features that will have to be recognized
or may influence certain design criteria and the applicant's basic
intent for water, sewerage and storm drainage facilities.
[Ord. No. 1980-12; Ord. No. 1986-21]
For preliminary site plan review, the applicant shall submit
to the administrative officer the following data. If an application
for development is found to be incomplete, the developer shall be
notified thereof within 45 days of the submission of such application
or it shall be deemed to be properly submitted:
a.
Data to be submitted at least three weeks before the Land Use Board
meeting at which discussion is desired.
[Amended by Ord. No. 2014-02]
b.
Six sets of prints and three completed copies of the application.
[Amended by Ord. No. 2014-02]
|
In all cases, the Land Use Board shall grant or deny preliminary
site plan approval within the following time periods unless some further
time has been consented to by the developer.
|
1.
A site plan for 10 acres or less, within 45 days of the date of submission.
2.
A site plan of more than 10 acres, within 95 days of the date of
submission.
|
Before any action is taken on any preliminary plan containing
more than 10 acres or for a site plan containing a flood hazard area,
the Land Use Board shall conduct a public hearing as established in
this chapter. Action may be taken on a preliminary site plan for 10
acres of land or less without a public hearing unless in the opinion
of the Land Use Board, the proposed use, proposed intensity of development,
location of the tract, traffic conditions, or environmental concerns
for a property of 10 acres or less are sufficient concern that the
Land Use Board desires to receive the public's comments. Where a public
hearing is scheduled for a site plan of 10 acres or less no action
shall be taken until completion of the public hearing and the scheduling
and notifications for the hearing shall be in accordance with this
chapter.
|
|
If the Land Use Board required any substantial amendment in
the layout of improvements proposed by the developer that had been
the subject of a hearing, an amended application for development shall
be submitted and proceeded upon, as in the case of the original application
for development. The Land Use Board shall, if the proposed development
complies with the ordinance and this act, grant preliminary site plan
approval.
|
c.
Application Procedure Checklist. (See Checklist at the end of this
chapter)
[Ord. No. 1980-12]
Preliminary approval of a site plan shall, except as provided
in subsection d below, confer upon the applicant the following rights
for a three-year period from the date of the preliminary approval:
a.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements, layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; any requirements
peculiar to site plan approval; except that nothing herein shall be
construed to prevent the Township from modifying by ordinance such
general terms and conditions of preliminary approval as relate to
public health and safety;
b.
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 site plan; and
c.
That the applicant may apply for and the Land Use Board may grant
extensions on 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 shall govern.
[Amended by Ord. No. 2014-02]
d.
In the case of a site plan for an area of 50 acres or more, the Land
Use Board may grant the rights referred to in paragraphs a, b and
c of this subsection for such period of time, longer than three years,
as shall be determined by the Land Use Board to be reasonable taking
into consideration (1) the number of dwelling units and nonresidential
floor area permissible under preliminary approval, (2) economic conditions,
and (3) the comprehensiveness of the development. The applicant may
apply for thereafter and the Land Use Board may thereafter grant an
extension to preliminary approval for such additional period of time
as shall be determined by the Land Use Board to be reasonable taking
into consideration (1) the number of dwelling units and nonresidential
floor area permissible under preliminary approval, and (2) the potential
number of dwelling units and nonresidential floor area of the section(s)
awaiting final approval, (3) economic conditions and (4) the comprehensiveness
of the development; provided that if the design standards have been
revised, such revised standards shall govern.
Before approval of a site plan, and where the county has adopted
a site plan resolution, the administrative officer shall submit one
copy of the site plan to the County Planning Board for its review
and action. The County Planning Board shall have 30 days from receipt
of the site plan to report to the Township Land Use Board. In the
event of disapproval, such report shall state the reasons therefor.
If the County Planning Board fails to report to the Township Land
Use Board within the thirty-day period, the site plan shall be deemed
to have been approved by the County Planning Board and the Township
Land Use Board, with approval of the applicant, the thirty-day period
may be extended for an additional 30 days and any extension shall
so extend the time within which the Township Land Use Board is required
to act.
[Amended by Ord. No. 2014-02]
[Ord. No. 1980-12; amended
by Ord. No. 2014-02]
Final approval of a site plan shall be granted if the plans
and accompanying data conform to the requirements of this chapter
and any conditions imposed under preliminary approval. Final approval
shall be granted or denied within 45 days after submission of the
complete application to the administrative officer of the Land Use
Board or within such further time as may be consented to by the applicant.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to the Municipal Land Use Law, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. If the developer has followed the standards prescribed for
final approval, the Land Use Board may extend such period of protection
for extensions of one year but not to exceed three extensions.
Upon granting of final approval, the rights conferred upon the
applicant by the granting of preliminary approval shall be terminated
upon final approval.
In the case of the site plan of 150 acres or more, the Land
Use Board may grant the rights referred to in the above paragraph
for such period of time, longer than two years, as shall be determined
by the Land Use Board to be reasonable taking into consideration (1)
the number of dwelling units and nonresidential floor area permissible
under final approval, (2) economic conditions and (3) the comprehensiveness
of the development. The developer may apply for thereafter, and the
Land Use Board may thereafter grant, an extension of final approval
for such additional period of time as shall be determined by the Land
Use Board to be reasonable taking into consideration (1) the number
of dwelling units and nonresidential floor area permissible under
final approval, (2) the number of dwelling units and nonresidential
floor area remaining to be developed, (3) economic conditions and
(4) the comprehensiveness of the development.
[Ord. No. 1980-12; amended
by Ord. No. 2014-02]
The Land Use Board when acting upon applications for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements for site plan approval 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 the ordinance is impractical or will exact undue
hardship because of peculiar conditions pertaining to the land in
question.
The Land Use Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Land Use Board, or the Land Use Board being
required to hold further hearings. The longest time period for action
by the Land Use Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this provision, notice
of the hearing on the plan shall include reference to the request
for such conditional use.
Hearing notices and actions taken by the Land Use Board when
reviewing site plans simultaneously with applications requiring considerations
for conditional uses, variances, or permits for a building or structure
in the bed of a mapped street or public drainage way, flood control
basin or public area or for permits for a building or structure not
related to a street shall be in accordance with the New Jersey Municipal
Land Use Law (N.J.S.A. 40:55D-12).
In the event the Land Use Board disapproves the plans, no building
permit or certificate of occupancy shall be issued. Any applicant
wishing to make a change in an approved application shall follow the
same procedure as the original application. In the case of a new tenant,
new occupant or a new use, the approved site plan for the original
tenant, occupant and use may be submitted where no changes are contemplated
by the new tenant or occupant. The original plan shall be reviewed
in light of the new tenant or occupant's use in the same manner as
a new plan. If approved, it shall be stamped and signed. If denied,
the reasons shall be given to the applicant.
[Ord. No. 1980-12]
All improvements involving public property such as roadways,
curbs, sidewalks, trees, drainage, lighting, street signs and other
such facilities shall be in accordance with the procedures outlined
in the subdivision ordinance and shall include all retention and detention
facilities and impoundment facilities along streams. Upon completion
of all improvements on a site for which site plan approval has been
given, two copies of the approved site plans shall be submitted, along
with all cross sections and construction plans, all of which shall
be marked "as built" with the certification of the Township Engineer
before any guarantees are released. "As built" drawings shall show
all authorized changes, revisions, deletions, additions or other deviations
from the approved site plan drawings.
[Ord. No. 1980-12]
Pursuant to the provisions of N.J.S.A. 40:55D-39, and N.J.S.A.
40:55D-42, construction of or contributions for reasonable and necessary
off-tract water, sewer, drainage and street improvements may be required
as a condition for approval of any subdivision or site plan review
application in accordance with the following criteria.
a.
Improvements to be constructed at the sole expense of the applicant:
1.
In cases where a reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owners receive a special benefit
thereby, the Land Use Board may require the applicant, as a condition
of subdivision or site plan approval and at the applicant's sole expense,
to provide for and construct such improvements as if such were on-tract
improvements in the manner provided hereafter and as otherwise provided
by law.
[Amended by Ord. No. 2014-02]
b.
Contributions by developer toward required off-tract improvements:
[Amended by Ord. No. 2014-02]
1.
In cases where the need for any off-tract improvement is necessitated
by the proposed development application and where the Land Use Board
determines that properties outside the development will also be benefited
by the improvements, such determination shall be made by the Land
Use Board in writing. Said resolution or determination of the Land
Use Board shall specify the off tract improvements which are necessary
and the terms and conditions which shall be imposed upon the applicant
to ensure the successful and reasonable implementation of same. In
its deliberation as to whether off-tract improvements are required,
the Land Use Board shall be guided by the rules and regulations specified
in this chapter and the Township Master Plan. The Land Use Board may
also be guided by counsel from the Land Use Board attorney, engineer,
any other consultants and other qualified experts and municipal officials
relative to the subject matter.
2.
In the event that the Land Use Board determines that one or more
improvements constitute an off-tract improvement, the Land Use Board
shall notify the Township Committee of same, specifying the Board's
recommendation relative to the estimated cost of same, the applicant's
prorated share of the cost and possible methods or means to implement
same, including, but not limited to, performance and maintenance guaranties,
cash contributions, development agreements and other forms of surety.
3.
The Land Use Board shall not grant final approval of the subdivision
or site plan until all aspects of such conditions have been mutually
agreed upon by both the applicant and the Township Committee of the
Township of Greenwich and a written resolution to that effect by the
Township Committee has been transmitted to the Land Use Board.
c.
Methods of implementation.
1.
Performance and maintenance guaranties. Where a performance or maintenance
guaranty or other surety is required in connection with an off-tract
improvement, the applicant shall be required to follow the same procedures
and requirements as specified in this chapter for other improvements.
2.
Development agreement. Where a development agreement is required
governing off-tract improvements or other conditions as may be required
by this chapter or by the Land Use Board, said agreement shall be
approved as to form, sufficiency and execution by the Land Use Board
Attorney and Township Attorney. Said agreement shall specify the amount
of cash contributions, if any, the method of payment of same, the
relative timing of such payment and the obligation or obligations
to be undertaken by the Township of Greenwich.
[Amended by Ord. No. 2014-02]
3.
Cash contributions, when not required. Cash contributions for off-tract
improvements shall not be required under the following conditions:
(a)
Where another county or state agency has jurisdiction over the
subject improvement and requires a cash contribution, guaranty or
other surety of the applicant in lieu of such conditions imposed by
the Township of Greenwich.
(b)
Where a benefit assessment or other similar tax levy is imposed
upon the applicant for the off-site improvement provided.
(c)
Where the applicant, where legally permissible, can undertake
the improvements in lieu of the municipality, subject to standards
and other conditions as may be imposed by the Township of Greenwich.
4.
Cash contributions; method of payment. Where a cash contribution
is required by this chapter, said contributions shall be deposited
with the treasurer of the Township of Greenwich with a copy of the
applicant's transmittal letter forwarded to the Township Committee,
the Township Engineer and Land Use Board. Any and all monies received
by the treasurer shall be deposited in an escrow account for the purpose
of undertaking the improvements specified. Where such improvements
are not undertaken or initiated for a period of 10 years, the funds
may be retained by the Township of Greenwich and may be used for general
municipal purposes, but in such event, neither the applicant nor any
of his heirs, executors, administrators, assigns or grantees shall
be liable to the Township of Greenwich for any assessment for the
purpose of installing any of the improvements for which said cash
contribution was previously made.
[Amended by Ord. No. 2014-02]
d.
Pro rata formula for determining applicant's share of off-tract improvements.
Where an off-tract improvement is required, the following criteria
shall be utilized in determining the proportionate or pro rata share
of such improvement to the applicant:
1.
For street widening, alignment, corrections, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements not covered elsewhere
and the construction of new streets and other similar street or traffic
improvements, the applicant's proportionate share shall be in the
ratio of the estimated peak hour traffic generated by the proposed
property or properties to the sum of the present deficiency in peak
hour traffic generated by the proposed development. The ratio thus
calculated shall be increased by 10% for contingencies.
2.
For water distribution facilities, including the installation of
new water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith, the applicant's proportionate cost shall be in the ratio
of the estimated daily flow in gallons to the sum of the present deficient
capacity for the existing system or subsystem and the estimated daily
flow from the proposed project or development. In the case where the
peak flow for the proposed development may occur during the peak flow
period of the existing system, the ratio shall be the estimated peak
flow rate from the proposed development in gallons per minute to the
sum of the present peak flow deficiency in the existing system or
subsystem and the estimated peak flow rate from the proposed development.
The greater of the two ratios thus calculated shall be increased by
10% for contingencies and shall be the ratio used to determine the
cost to the applicant.
3.
For stormwater and drainage improvements, including installation,
relocation or replacement of transmission lines, culverts, catch basins
and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportional cost shall be in
the ratio of the estimated peak surface runoff as proposed to be delivered.
The ratio thus calculated shall be increased by 10% for contingencies.
The applicant's engineer shall compute the drainage basin area and
the area of the development and the percent of the total drainage
basin area occupied by the development. Where no drainage system exists
which will receive the flow of surface water from the applicant's
development, the applicant shall furnish all drainage rights-of-way
deemed to be necessary by the Land Use Board.
[Amended by Ord. No. 2014-02]
4.
General considerations. In calculating the proportionate or pro rata
amount of the cost of any required off-tract facilities which shall
be borne by the applicant, the Land Use Board shall also determine
the pro rata amount of cost to be borne by other owners of lands which
will be benefited by the proposed improvements.
[Amended by Ord. No. 2014-02]
[Ord. No. 1980-12]
Every site plan shall be at a minimum scale of one inch equals
10 inches, 20 inches, 30 inches, 40 inches or 50 inches, prepared
by a New Jersey licensed architect or engineer and shall bear his
signature and seal of registration, including accurate lot lines certified
by a New Jersey licensed land surveyor, submitted on one of four of
the following standard sheet sizes (8 1/2 inches by 13 inches;
15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42
inches). A site plan shall include the following data: (If one sheet
is not sufficient to contain the entire territory, the map may be
divided into sections to be shown on separate sheets of equal sizes,
with reference on each sheet to the adjoining sheets.) All lot lines
and the exterior boundaries of the tract; north arrow; graphic scale;
zone district(s) in which the lot(s) is (are) located; date of original
drawing and each subsequent amendment; existing and proposed street(s)
and street name(s); existing and proposed contours at two-foot intervals
and other topographic data throughout the tract, and within 100 feet
of any building or paved area under review; title of the plan; streams;
total acreage to one hundredth of an acre; total number of parking
spaces, all dimensions, areas, and distances needed to confirm conformity
with the chapter such as but not limited to building lengths, building
coverage, lot lines, parking spaces, loading spaces, setbacks and
yards; a small key map giving the general location of the parcel within
the Township; a separate map showing the site in relation to all remaining
lands in the present owner's ownership, and names and address of applicant,
owner and adjoining property owners.
[Ord. No. 1980-12]
Each site plan shall have the following information shown thereon
or be annexed thereto and shall be designed to comply with the applicable
provisions of this chapter:
a.
Building and use plan. Size, height, location, arrangement and use
of all proposed buildings, structure, and signs, including an architect's
scaled elevations of the front, side and rear of any structure and
sign to be erected or modified to the extent necessary to apprise
the Land Use Board of the scope of the proposed work, shall be shown.
Any existing structures shall be identified either to remain or be
removed. A written description of the proposed use(s) and operation(s)
of the building(s) including the number of employees or members of
nonresidential buildings; the proposed number of shifts to be worked
and the maximum number of employees on each shift; expected truck
and tractor-trailer traffic; emission of noise, glare vibration, heat,
odor, air and water pollution; safety hazards; and anticipated expansion
plans incorporated in the building design shall be included. Floor
plans shall be submitted.
[Amended by Ord. No. 2014-02]
b.
Circulation plan. This plan shall show access streets and street
names, acceleration/deceleration lanes, curbs, aisles and lanes, access
points to public streets, sight triangles, traffic channelization,
easements, fire lanes, driveways, number and location of parking and
loading spaces, loading berths or docks, pedestrian walks, and all
related facilities for the movement and storage of goods, vehicles
and persons on the site and including lights, lighting standards,
signs and driveways within the tract and within 100 feet of the tract.
Sidewalks shall be shown from each entrance/exit along expected paths
of pedestrian travel such as, but not limited to access to parking
lots, driveways, other building on the site, and across common yard
areas between buildings. Plans shall be accompanied by cross sections
at a scale of one inch equals five feet at fifty-foot intervals of
new streets, aisles, lanes and driveways. Any expansion plans for
the proposed use shall show feasible parking and loading expansion
plans to accompany building expansion.
c.
Natural resources plan. This plan shall show existing and proposed
wooded areas, buffer areas including the intended screening devices
and buffers, grading at two-foot contour intervals inside the tract
and within 50 feet of its boundaries, seeded and/or sodded area, ground
cover, retaining walls, fencing, signs, recreation areas, shrubbery,
trees, and other landscaping features. These plans shall show the
location and type of man-made improvements and the location, species,
and caliper of plant material and trees to be located on the tract.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage, and the planting of coniferous
and/or deciduous trees native to the area in order to maintain or
re-establish the one of the vegetation in the area and lessen the
visual impact of the structures and paved areas. The established grades
and landscaping on any site shall be planned for aesthetic, drainage,
and erosion control purposes. The grading plan, drainage facilities
and landscaping shall be coordinated to prevent erosion and siltation
as outlined under the soil erosion and sediment control, the soil
removal and the grading provisions of this chapter as well as assuring
that the capacity of any natural or man-made drainage system is sufficient
to handle the water from the site and contributing upstream areas.
d.
Facilities plan. This plan shall show the existing and proposed locations
of all drainage; open space; common property, fire, gas, electric,
telephone, sewerage and water line locations: and solid waste collection
and disposal methods including proposed grades, sizes, capacities,
and materials to be used for facilities installed by the applicant.
Installations by utility companies need only show their locations
on the plan. All easements acquired or required on the tract and across
adjacent properties shall be shown and copies of legal documentation
that support the granting of an easement by an adjoining property
owner shall be included. All proposed lighting shall be shown including
the direction, angle, height and reflection of each source of light.
All utilities shall be installed underground. All required state and
federal approvals for environmental considerations shall be submitted
prior to site plan approval. Drainage facilities shall include facilities
to comply with the stormwater runoff provisions of this chapter. The
method of sewage treatment and solid waste disposal shall be shown
and percolation tests from sufficient locations on the site to allow
a determination of adequacy by the Township Board of Health and Warren
County Health Department shall be included where septic tanks and
leaching fields are permitted and are proposed. Such plans shall be
reviewed by the Board of Health, Warren County Health Department,
or Township Engineer, as applicable, with recommendations to the Land
Use Board. All public services shall be connected to an approved public
utilities system where one exists.
[Amended by Ord. No. 2014-02]
e.
Flood hazard area considerations. Any proposal for a development
on a tract where any part of the tract contains a flood hazard area
shall comply with the flood plan regulations of this chapter in addition
to the following standards. No building or structure shall be erected,
moved, or enlarged, nor shall any material or equipment be stored,
fill be placed, nor shall the elevation of any land be substantially
changed in the flood hazard area except in accordance with a permit
issued by the New Jersey Department of Environmental Protection Division
of Water Resources, provided, however, that accepted practices of
soil husbandry, and the harvesting of crops, in connection with farming,
lawns, gardens and recreational usage that do not include structures,
are not included in the foregoing prohibitions. Primary consideration
shall be given to preserving the floodway as to assure maximum capacity
for the passage of flood flows without aggravating flood conditions
upstream and downstream. No building or structure shall be erected,
moved, or enlarged in the flood fringe area if the elevation of any
floor, including the cellar, shall be less than one foot above the
flood hazard design elevation, except in accordance with a permit
issued by the New Jersey Department of Environmental Protection, Division
of Water Resources. As to developments in the flood fringe area, primary
consideration shall be given to the protection of persons and property
involved in the development, and such consideration shall not be avoided
by a waiver from the applicant.
[Ord. No. 1980-12]
The standards noted above and elsewhere in this chapter shall
be for the general purpose of enhancing the neighborhood; providing
adequate access to off-street parking and loading facilities for employees,
visitors and residents; providing buffering techniques for safety
and/or aesthetic purposes; preventing uses which violate applicable
state and federal safety and environmental regulations, preserving
floodways and flood hazard areas: and requiring that all raw materials,
fuel, goods in process, finished goods, machinery and equipment shall
be housed and/or screened from residential uses.
[Ord. No. 1980-12]
The excavation and grading for completion of a site plan or
subdivision shall be done in accordance with the approved subdivision
plat or site plan which contains soil erosion and sediment control
provisions. Any application proposing the disturbance of more than
5,000 square feet of surface area of land as defined in the Soil Erosion
and Sediment Control Act (C. 251, P.L. 1975) shall include on its
subdivision or site plan the following: the means to prevent erosion,
provide for sedimentation and control, drainage, dust, and mud on
the premises as well as abutting lands; the preservation of soil fertility
and the resulting ability of the area affected to support plant and
tree growth by maintenance of adequate topsoil consisting of at least
six inches of the original layer; maintenance of necessary lateral
support and grades of abutting lands, structure and other improvements;
prevention of pits and declivities which are hazardous or which provide
insect breeding locations; the physical characteristics and limitations
of the soil for the use to which the land may lawfully be put; and
such other factors as may reasonably bear upon or relate to the public
health, safety and general welfare.
[Ord. No. 1980-12; Ord. No. 1990-3]
a.
All site plans and major subdivision shall incorporate on-site, stormwater
facilities that will encourage the recharging of underground aquifers
and/or the slowing down of the rate stormwater leaves the site. All
measures used to control stormwater runoff shall comply with the grading,
soil erosion and sediment control, and soil removal provisions of
the chapter.
b.
Where the amount of runoff from the proposed development is sufficient
to justify a detention basin, one or more detention basins shall be
required. The determination of the amount of stormwater runoff and
whether the amount of runoff is sufficient for a detention basin shall
be made by the Land Use Board upon the advice of the Township Engineer,
and, if desired, the Environmental Commission and Soil Conservation
District. When required, detention facilities shall be designed and
installed to provide a maximum outlet discharge of flows which occur
under preconstruction conditions based on a ten-year storm. Multiple
outlets may be required to provide maximum outlet discharges of flows
which occur under preconstruction conditions for storms of greater
frequency intervals. Sufficient storage shall be provided in order
to accommodate anticipated flows from a one-hundred-year storm. The
method for designing the detention facilities shall be based either
on the "rational method" or "Urban Hydrology for Small Watersheds,"
Technical Release No. 55 published by the U.S.D.A. Soil Conservation
Service.
[Amended by Ord. No. 2014-02]
c.
Vertical holes, filled with coarse rock, may be provided within the
detention basin for percolation into the soil.
d.
All developments may incorporate the following on-site stormwater
detention or impoundment facilities in the following manner.
1.
Impoundment/detention basins along any stream that maintains a steady
flow of water throughout the year may be constructed provided any
improvements designed to provide such impoundment/detention facilities
shall be designed to meet the standards of, and have the approval
of, the New Jersey Department of Environmental Protection, and shall
have the proper amount of sustained water flow downstream, proper
depth of water to control vegetation, and a proper design to prevent
water stagnation in any part of the pond.
2.
Detention of stormwater on roof surfaces may be designed by means
of essentially flat, but slightly pitched roofs to the edges. Facilities
for control of the water runoff from the roof shall be provided in
the form of vertical leaders with detention rings around the intake
to provide the control of water flow. The spacing and capacity of
the vertical leaders and detention of rings shall be approved by the
Township Engineer and building inspector depending on the area to
be drained, the pitch of the roof, the capacity of the impoundment/detention
facilities to which the water will eventually drain, and the structural
strength of the roof. It is recommended that the intakes be protected
by a device that will accept the full amount of water passed on to
it from the detention rings, but which will act as a strainer for
any foreign manner such as leaves, twigs, and seedlings. The leaders
from a roof with water detention design shall direct the stormwater
into a detention basin constructed in a manner as outlined above.
e.
Safety of detention/retention pond outlet structures.
1.
The outlet should be designed to prevent the potential hazard of
a child or adult being carried into the opening by flowing stream
waters.
2.
Design of an outlet structure to minimize safety hazards can be achieved
through careful design and positioning of the structure as well as
by landscaping that will discourage access. Grating or trash racks
are one approach that can be used to achieve a greater level of safety.
(a)
If grating or trash racks are used, a person may be forced against
the grate or trash rack and held by the substantial pressure of the
flowing water. Therefore, the surface area of the trash racks should
be maximized to reduce the potential pressure and to produce entrance
velocities at the trash rack that will not be life threatening, even
during a one-hundred-year storm.
(b)
To facilitate outlet operation and maintenance of the trash
racks as the water level rises, and to permit clearing the rack either
during or after a storm, trash racks shall be curved or inclined with
spacing that will not permit passage of a child. Support bars should
be fastened inside the trash racks to provide structural support and
which can act as a ladder to allow easy escape opportunities for a
child or adult without having these support members impede the clearing
of trash from the exterior bar racks or the upward movement of trash
as the water level rises.
(c)
The use of thin metal plates for trash rack bars, hand hold
supports, sharp crested weirs or orifices are prohibited because of
the potential for accidents. Wire mesh fabric is similarly prohibited
due to its poor suitability for trash clearance.
3.
Any outlet protective facility should have lockable hinged connections
providing adequate access to thoroughly clean the area enclosed by
the structure and to facilitate removal of accumulated debris and
sediment around the outlet structure.
4.
The outlet protective structure should have negligible influence
upon the hydraulic performance of the outlet structure.
5.
Outlet structures shall be equipped with adequate ladders, rungs,
steps, etc., to permit escape from the outlet flow area.
6.
All outlet structures shall be structurally sound and shall be designed
to withstand, without failure or permanent deformation, all structural
loads, hydrostatic, dynamic or otherwise, which impact upon it during
the design life of the installation. They shall be maintenance free
to the maximum extent possible.
7.
The detention/retention basin side slope walls shall be graded to
slopes no greater than three horizontal to one vertical for a distance
no less than 25 feet on all sides of the outlet structure.
8.
Other means of attaining the same outlet safety condition such as
risers, inaccessible outlet locations, weirs, cascades, etc., will
be considered as approvable if the same goals are attained.
[Ord. No. 1981-7; Ord. No. 1996-5]
All fees required for site plan review shall be in accordance with the fee schedule established by Chapter 17 of the Revised General Ordinances of the Township of Greenwich.
[Ord. No. 95-03; Ord. No. 1996-5]
Areas within the Township are underlain by carbonate bedrock
such as limestone and dolomite. The solution of this bedrock causes
surface depressions, open drainage passages, and the development of
irregular, subsurface rock topography known as karst. These conditions
make such areas unstable and susceptible to subsidence and surface
collapse. As a result, the alteration of drainage patterns in these
areas by the placement of impervious coverage, grade changes, or increased
loads from site improvements can lead to land subsidence and sinkholes.
Fractures or solution openings and fissures in the limestone
rock may lead to public or private water supplies, making those sources
especially susceptible to groundwater contamination. Contamination
of water sources can occur from solid and liquid wastes, contaminated
surface water, septic tank effluent, or other hazardous substances
moving through fractures or solution openings and fissures within
the rock.
Carbonate aquifers are an important source of groundwater in
the Township. The Township of Greenwich relies on a clean supply of
subsurface water to foster and promote human health, welfare and economic
and social development. Therefore, the purposes of enacting this section
are to protect, preserve and enhance a sensitive and valuable potable
groundwater resource area and to reduce the frequency of structural
damage to public and private improvements by sinkhole collapse or
subsidence in areas of limestone geology, thus protecting the public
health, safety and welfare and insuring orderly development within
the Township.
[Ord. No. 95-03; Ord. No. 1996-5]
For the purposes of this section the following definitions shall
apply:
The production, keeping or maintenance of plants or animals
for sale, lease or personal use.
(1) The local Land Use Board constituted pursuant to N.J.S.A.
40:55D-1 et seq., which, for applications involving site plan or subdivision
approval, is the Land Use Board. (2) For projects not requiring approval
by the Land Use Board , but requiring the issuance of a building or
zoning permit, the approval authority shall be the Zoning Officer.
(3) For activities requiring only approval or permits from the Board
of Health (e.g., well and septic system installation and repairs),
the approval authority shall be the Board of Health or its approved
licensed sanitarian.
[Amended by Ord. No. 2014-02]
The arrangement of a sedimentary rock in layers of varying
thickness and character.
A general term for the rock that underlies soil or other
unconsolidated material.
Is comprised of the Carbonate Rock District and the carbonate
drainage area.
Watershed areas which directly drain into the Carbonate Rock
District.
Rock consisting chiefly of calcium and magnesium carbonates.
Those land areas underlain by carbonate rock formations.
A natural opening of a size permitting human exploration
and extending into a region of sharply reduced or no light.
A shallow, dish-shaped hollow on the land surface which,
in areas of limestone geology, may be indicative of old sinkholes
or incipient collapse.
A sinkhole caused by the collapse of the roof of a bedrock
cavern.
Any improvements in the Carbonate Area District requiring,
pursuant to existing land use statutes or ordinances, subdivision
or site plan approval, building permits, zoning permits, septic systems
and wastewater disposal systems requiring state permits or treatment
works approvals; this chapter shall also be applicable to the installation
of wells, site improvements, pond construction (except for agricultural
purposes), filling of any sinkhole, or any other activity which could
be affected by the presence of limestone geology on or near the site.
A stream that enters the subsurface through a sinkhole or
other entrance.
A space or cavity in or between rocks, formed by the solution
of part of the rock material.
See "sinkhole."
A carbonate rock that contains more than 15% magnesium carbonate.
The process by which water moves from an area by stream or
overland sheet flow and/or the removal of excess surface water from
soil by downward flow through the soil profile.
A surface or zone of rock fracture along which there has
been noticeable differential movement.
An extensive crack, break, or fracture in the rock.
A program which identifies the geologic nature of the bedrock
materials underlying the site and provides solutions directed at preserving
the water quality and assuring the safety of any planned facility
or improvement built over carbonate rocks.
A fracture in rock generally more or less vertical or, transverse
to bedding, along which no appreciable movement has occurred.
A type of topography that is formed over limestone or dolomite
by dissolving or solution of the carbonate rocks, characterized by
sinkholes, closed depressions, caves, solution channels, internal
drainage, and irregular bedrock surfaces.
A carbonate sedimentary rock consisting chiefly of calcium
carbonate. Limestone is commonly used as a general term for that class
of rocks which consists of at least 80% calcium or magnesium carbonate.
In this section the term "limestone" shall be used generically to
refer to carbonate rocks, limestone formations and Precambrian marbles.
Any straight line or alignment of natural features seen or
an aerial photograph or any geographically-referenced source. Although
some lineations may be geologically controlled, ground-based geologic
investigations are necessary to define their existence and significance.
A metamorphic rock consisting chiefly of crystallized limestone
or dolomite.
An exposure of bedrock projecting through the ground surface.
An irregular rock projection often buried beneath the ground
surface.
A zone in which shearing has occurred on a large scale so
that the rock is crushed and brecciated (broken).
A localized land subsidence, generally a funnel-shaped or
steep-sided depression, caused by the dissolution of underlying carbonate
rocks or the subsidence of the land surface into a subterranean passage,
cavity or cave. Sinkholes are formed by the underground removal of
soil and rock material.
The material found in the surface layer of the earth's crust
which may be moved by a spade or shovel.
Tubular or planar channels formed by solution in carbonate
rock terrains, usually along joints and bedding planes. These openings
are the main water carrier in carbonate rocks.
A depression formed from the slow dissolution of bedrock.
Carbonate rocks that have had cavities formed, fractures
widened, and passages in the rock created through the dissolution
of the rock by the passage of surface water.
A place where water naturally flows from rock or soil upon
the land or body of surface water.
Sinkholes formed by the downward settlement of unconsolidated
overburden into openings in the underlying, soluble bedrock.
The part of the precipitation that passes over the surface
of the soil.
Opening in the soil or rock materials.
[Ord. No. 95-03; Ord. No. 1996-5]
a.
Carbonate Area District (CAD). The Carbonate Area District is hereby
created and shall be any area as generally identified on the map entitled
"Carbonate Rocks of New Jersey" as detailed on the New Jersey Geological
Survey, June, 1993, which is attached hereto. The district shall be
constituted as secondary, or as an "overlay," to the zoning districts
heretofore established by the zoning map and may encompass all or
portions of more than one existing zoning district. Regulation of
the CAD shall be in addition to those requirements governing the existing
zoning district. (See Exhibit 14-10B at the end of this chapter)
|
The Carbonate Area District shall contain two areas which shall
be known as the Carbonate Rock District and the Carbonate Drainage
Area.
|
b.
Carbonate Rock District (CRD). The Carbonate Rock District is composed
of those areas of the Township underlain by limestone or carbonate
rocks. The geologic mapping utilized to prepare the CRD overlay boundary
is derived from New Jersey Geologic Survey and United States Geological
Survey maps. These maps are interpretations developed from available
field observations and subsurface data; additional unmapped areas
of limestone rocks may exist in the Township of Greenwich. Therefore,
the provisions of this chapter may be applied to any development which,
in the opinion of the Township of Greenwich is located in an area
underlain by limestone. The CRD map shall be updated as information
is developed through the application of this section.
c.
Carbonate Drainage Area (CDA). The Carbonate Drainage Area shall
consist of all lands which drain surface water into the Carbonate
Rock District. Changes in the quantity, quality and rate of discharge
of surface water runoff from lands upslope of the Carbonate Rock District
can adversely affect the CRD. Therefore, development activities in
the CDA which may alter the surface drainage patterns or affect the
water quality or increase runoff into the CRD shall be subject to
the requirements of this section.
[Ord. No. 95-03; Ord. No. 1996-5; amended by Ord. No. 2014-02]
Geologic and engineering studies relating to the presence of
limestone on or near the site of any application for preliminary site
plan or preliminary major subdivision approval involving any new structure
or off street parking area shall be required as a component of the
application for same. No application for preliminary site plan or
preliminary major subdivision approvals shall be approved by the Land
Use Board until the information required by this section has been
submitted to, reviewed and approved by the Board.
[Ord. No. 95-03; Ord. No. 1996-5]
The following performance standard shall be applicable to development
activities occurring in the Carbonate Rock District.
a.
Types of soils. List and describe each soil type on the site according
to data published in the Warren County Soil Survey and data obtained
by test pits or borings. Each soil type shall be identified and delineated
on a map of the site. If applicable, provide the results of percolation
testing. Where the soils with moderate or severe limitations exist
they shall be identified according to the category and severity of
limitation.
b.
Topography. Describe the topographic conditions of the site. Slopes
shall be classified into the following classes:
|
0% to 10%
|
|
10% to 15%
|
|
15% to 25%
|
|
Greater than 25%
|
|
The areal extent of each class shall be shown and the area in
acres or square feet tabulated.
|
c.
Geology. Describe the geologic formations and features associated
with the site. This data shall be provided in two phases as follows:
1.
Phase 1 - compilation of existing data and preliminary analysis.
The following shall be provided for a distance of one-quarter mile
around the perimeter of the property:
(a)
Geologic data as mapped by the NJ State Geological Survey, the
US Geologic Survey or the NJDEP.
(b)
Geologic data on file as part of reports and other documents
on file with the Township and the County of Warren.
(c)
Data obtained from on-site soils investigations whether in the
form of test holes, borings or other methods.
(d)
Data obtained resulting from the well search required below.
(e)
The type of bedrock and estimated depth of overburden.
(f)
Delineate those areas where bedrock is anticipated or known
to be within two feet of the subgrade, as well as major rock outcroppings.
(g)
Aerial photographic stereoscopic pair on which a fracture trace
analysis is shown.
(h)
Location and identification of the relationship of the site
to the carbonate rock strata and the carbonate rock drainage area
within the Township. The location of these areas shall initially be
identified from the locations shown on the geologic location map as
part of the master plan.
(i)
A preliminary analysis by a geologist experienced in the type
of bedrock encountered as to competency of the bedrock to accept the
proposed development. This shall particularly address itself to the
potential for land subsidence related to the fractures, cavities or
other discontinuities in the bedrock.
(j)
An opinion by a licensed professional engineer experienced in
soils, rock and foundation engineering of types similar to those encountered
on the site as to the suitability of the soils and bedrock for development.
(k)
A detailed soils and bedrock investigation program to be completed
as part of Phase 2 or documentation of the reasons for a complete
or partial waiver of the requirements set forth therein.
2.
Phase 2 - geologic investigation program. In the event that the initial
phase of the geologic investigation reveals the presence of carbonate
rock an additional in-depth analysis shall be made based on the subsurface
investigation program. The initiation of the program may await the
submittal and review of the data collection phase set forth above.
This phase shall consist of the following:
(a)
A field investigation which shall consist of, as a minimum, the obtaining of borings at the number determined by the sum of the columns in the following table annexed as Exhibit 14-10A. The number of borings required shall be sited at locations appropriate to the determination of the soundness of the underlying rock. Borings shall extend a minimum of 20 feet into competent bedrock but not greater than 50 feet from the surface. (See Exhibit 14-10A at the end of this chapter)
|
Alternative methods of investigation may be used, such as, but
not limited to, percussion probes, seismic refraction, ground penetrating
radar or magnetic, gravity or conductivity tests. Alternative testing
programs shall be developed to provide, as a minimum, the same data
which would be obtained from a test boring program.
|
(c)
Identification of features such as vegetative changes, seeps
or groundwater discharge, depressions, swales and other surficial
indicators of unsound rock strata.
(d)
Mapping to show the estimated surface elevation of the bedrock
and the estimated depth of overburden.
(e)
Identification of locations of fractures, faults, joints, cavities
or other discontinuities with the rock structure.
[Ord. No. 95-03; Ord. No. 1996-5]
a.
Within 45 days of submission of the geotechnical investigation report
by the applicant, the geotechnical consultant (GTC) shall review and
prepare a completeness report for submission to the approval authority.
During the GTC's review of the geotechnical investigation report for
proposed development in the CRD the GTC shall consider the data formal
reports, maps, drawings and related submission materials and shall
advise the approval authority whether or not the applicant has provided
the municipality with:
1.
Sufficient design construction and operational information to insure
that the proposed development of the tract will not adversely impact
on the health, safety and welfare of the community;
2.
Proof that the proposed method of development of the tract will minimize
any adverse effects on the quality of surface or subsurface water,
and will not alter the character of surface and/or subsurface water
flow in a manner detrimental to known on-site or off-site conditions;
3.
Specific details insuring that design concepts and construction and
operational procedures intended to protect surface and subsurface
waters will be properly implemented;
4.
Specific details on inspection procedures to be followed during construction
and after project completion.
b.
The approval authority shall, within 45 days of the receipt of the
report from the geotechnical consultant, approve or disapprove the
proposed geotechnical aspects of the development plan and associated
construction techniques. In the event the approval authority denies
the proposed development plan and associated construction procedures
the approval authority shall state in the resolution its reasons for
disapproval.
[Ord. No. 95-03; Ord. No. 1996-5]
a.
In certain situations, a specific geologic hazard may not be identified
while the geologic investigation program is underway and may be discovered
during or after construction. In such cases the applicant shall:
1.
Report the occurrence of the hazard to the municipal clerk within
24 hours of discovery;
2.
Halt construction activities which would impact the geologic hazard;
3.
Prepare a report on the geologic hazard which analyzes the impact
of the hazard and details a remediation plan for review and approval
by the municipal geotechnical consultant;
4.
After obtaining approval from the Township, perform necessary remediation
of the hazard to prevent or minimize damage to buildings, structures,
utilities, driveways, parking areas, roadways, and other site improvements,
and to minimize pollution of the groundwater;
5.
Repair any damage to improvements and restore ground cover and landscaping;
6.
In those cases where the hazard cannot be repaired without adversely
affecting the site plan or subdivision, the applicant shall file an
amended application for a site plan or subdivision approval in compliance
with the provisions of this section.
[Ord. No. 95-03; Ord. No. 1996-5]
a.
Compliance with this chapter is required prior to the granting of
preliminary site plan or preliminary major subdivision approval, unless
the applicant is exempted from the provisions of this section or the
requirements in this section have been waived. The enforcement officials
for any application requiring the approval of the Land Use Board and
subject to this chapter shall be the Municipal Engineer and the Municipal
GTC. The enforcement official for zoning or building permit applications
that are subject to this section shall be the Zoning Officer or Construction
Code Official. For well and septic system installation, the municipality's
Sanitarian shall serve as the enforcement officer. The Municipal GTC,
Engineer, or Sanitarian shall serve as the enforcement officials for
wastewater systems requiring NJDEP permits or treatment works approvals.
[Amended by Ord. No. 2014-02]
b.
Failure to comply with any of the conditions in this section may
result in the issuance of a stop-work order, revocation of building
permits, or denial of certificates of occupancy. Remedial and corrective
measures may be mandated if the appropriate construction and site
planning techniques, as outlined in the applicant's approved geotechnical
report, are not followed and result in actions which adversely impact
karst features.
[Ord. No. 95-03; Ord. No. 1996-5]
The applicant shall pay to the Township the fee at the time
the preliminary site plan or preliminary major subdivision application
is filed, the following fees to cover the costs of providing reviews
and inspections required by this section.
a.
Residential development. Number of residential units a $25, with
a minimum fee of $200;
b.
Nonresidential development. Number of acres x $25, with a minimum
fee of $200;
c.
The applicant shall also pay to the Township, a fee to be determined,
to cover the costs of providing reviews and inspections relating to
the assessment of the data and analysis relating to the geological
investigation program, which fee shall cover, when required, submitted
to the Land Use Board.
[Amended by Ord. No. 2014-02]
[Ord. No. 95-03; Ord. No. 1996-5]
No final plat shall be approved by the approval authority for
recording unless the applicant includes in the performance guarantee
to be furnished to the Township pursuant to N.J.S.A. 40:55D-53, a
bondable amount to address the aspect of sinkhole remediation which
shall cover any damage to buildings, structures, utilities, driveways,
parking areas, roadways and other site improvements, as well as to
restore any ground cover or landscaping. The applicant shall be required
to submit to the Township Engineer an estimate on the cost to provide
for such remediation who shall, in turn, either approve same for acceptance
by the Township Committee or require the applicant to increase the
amount of the performance guarantee to such amount as he deems appropriate.
Final approval of any site plan or major subdivision shall not be
granted until the performance guarantee incorporating the aspect of
limestone remediation has been accepted and approved by the Township
Committee.
[Ord. No. 95-03; Ord. No. 1996-5]
In limestone areas the alteration and development of land may
be hazardous with respect to the foundation safety of structures,
the creation of unstable land as a result of changes in drainage and
grading, and the contamination of ground and surface waters.
The exact occurrence of sinkholes and/or subsidence is not always
predictable; therefore, the administration of these regulations shall
create no liability on behalf of the municipality, the municipal engineer,
the municipal geotechnical consultant, municipal employees, or municipal
agencies as to damages which may be associated with the formation
or existence of sinkholes or subsidence. Compliance with these regulations
represents no warranty, finding, guarantee, or assurance that a sinkhole
and/or subsidence will not occur on an approved property. The municipality,
its agencies, consultants, and employees assume no liability for any
financial or other damages which may result from sinkhole activity.
It is also noted that sinkholes and ground subsidence may occur
in areas outside the CRD and/or in areas of carbonate geology presently
not identified as such. The applicant and/or property owner should
always make independent investigations of these matters prior to using
this land for construction of a building or structure or any activity
which alters the soil and bedrock materials.
[Ord. No. 95-03; Ord. No. 1996-05]
If any subsection of this section shall be declared to be unconstitutional,
invalid or inoperative, in whole or in part, by a court of competent
jurisdiction, the remaining subsections of this section shall, to
the extent that they are not unconstitutional, invalid or inoperative,
remain in full force and effect and no such determination shall be
deemed to invalidate the remaining subsections of this section.
[Ord. No. 95-03; Ord. No. 1996-05]
This section shall take effect following final passage following
a public hearing to be conducted thereon and publication in accordance
with the requirements of the law.
[Ord. No. 1998-11; amended
by Ord. No. 2014-02]
Topographical mapping data of the Township of Greenwich shall
be made available to any applicant for site plan approval or any other
person upon the written request of such data along with the payment
of fees presented to the Township Engineer. The topographical mapping
data shall be available at one inch equals 100 inches with two-foot
contours. The data shall be provided on computer disc. The applicant
or person submitting such request shall provide, at a minimum, the
lot and block numbers of each lot for which topographical mapping
data is requested. If the data is requested in connection with an
application pending before the Land Use Board, the request shall be
submitted no less than 30 days prior to the initial hearing date of
the application.
[Ord. No. 1998-11; amended
by Ord. No. 2012-03; Ord. No. 2014-02]
The applicant or person requesting topographical mapping data
shall pay a fee to the Township of Greenwich of $250 for the first
acre and $25 for each additional acre, or at a reduced lump-sum fee
for the topographical data for the entire Township at an amount to
be determined by the Township Committee that is in the best interest
of the Township. Said fee shall be paid in the form of a check or
money order made payable to the "Township of Greenwich" and shall
be submitted to the Township Engineer. The fee shall be calculated
for the total area required, including any required overlaps. In the
event that the fee tendered will be insufficient, the topographical
mapping data shall be withheld until the correct and complete fee
is paid. Said fee shall be in addition to any escrow deposits required
for engineering or otherwise by the Land Use Board.
[Ord. No. 1998-11]
The topographical mapping data shall not be provided to the
applicant or person requesting same without the execution of such
person of an agreement holding the Township of Greenwich, its agents,
employees and officials and the Township Engineer and the firm which
employs the Township Engineer harmless from any claim for damages,
costs or other liability in connection with the provision of the topographical
mapping data, and acknowledging that neither the Township of Greenwich
nor the Township Engineer guarantees the accuracy of such data. Said
agreement shall be in the form as approved by the Township Attorney.
