A. The purpose of this Article is to provide rules, regulations and standards to guide and control land subdivision in the Township. It shall be administered by the Planning Board, except as provided in §
55-243 of this chapter, to ensure orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
B. The rules, regulations and standards set forth shall be considered
to be the minimum requirements for the protection of the public health,
safety and welfare of the citizens of the Township.
[Amended 10-5-98 by Ord. No. 1998-20 § 1]
A. A developer shall, prior to subdividing or resubdividing land, submit to the Administrative Officer twenty-two (22) copies of a complete application form for classification and/or minor subdivision approval, the fees as required in Article
III of this chapter, and twenty-two (22) copies of the sketch plat drawn to specifications pursuant to §
55-116 of this chapter, for purposes of classification and preliminary discussions and distribution as hereinafter provided for.
A. If the proposed subdivision is before the Planning Board, it may
be classified and approved as a minor subdivision, with or without
conditions, by majority vote of the Subdivision Committee or full
Planning Board. If the proposed subdivision is before the Board of
Adjustment, it may be classified and approved as a minor subdivision,
with or without conditions, by that agency.
B. A notation to the effect of approval shall be made on the sketch
plat marked "proposed subdivision," and none of the lots or plots
resulting from such subdivision may be resubdivided within two (2)
years from the date of approval. After approval of the Subdivision
Committee or Board of Adjustment, one (1) copy of the sketch plat
marked "proposed subdivision" shall be signed by the municipal agency
and forwarded to the developer following the compliance with any or
all conditions. No further approval shall be required by any municipal
agency. The remaining copies of the approved sketch plat shall be
sent to the Township Engineer, Building Official, Tax Assessor, the
County Planning Board and, in the case of the Board of Adjustment
granting a subdivision, the Township Planning Board.
The following rights shall be conferred upon approval of a minor subdivision. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two (2) years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded pursuant to §
55-104.
A. Approval of a minor subdivision shall expire one hundred ninety (190)
days from the date of municipal approval unless:
(1) A deed clearly describing the approved minor subdivision is filed
by the developer with the county recording officer, the Township Engineer
and Tax Assessor; or
(2) A plat in conformity with such approval and the provisions of the
Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), is
filed by the developer with the County Recording Officer.
B. Any such deed or plat accepted for such filing shall have been signed
by the Chairman and Secretary of the municipal agency. Failure to
record such plat or deed within the prescribed time shall render the
approval null and void.
If the sketch plat is classified by the Board, its committee
or Board of Adjustment as a major subdivision, a notation to that
effect shall be made on the plat, which shall then be returned following
the meeting to the developer for compliance with the procedures for
preliminary and final approval.
[Amended 12-5-98 by Ord. No. 1998-20 § 2]
A. Twenty-two (22) blue-line or black-line prints of the preliminary plat drawn to the specifications pursuant to §
55-117 of this chapter, together with the original and twenty-one (21) copies of the completed and executed Land Use and Development Application form for preliminary approval and the fees as required in Article
III of this chapter, shall be submitted to the Administrative Officer.
B. After a determination that a complete application has been submitted, a public hearing shall be scheduled in accordance with the requirements set forth in §§
55-254 and
55-256. Prior to such hearing, the Board Secretary shall forward copies of the preliminary plat to the Township Engineer, Ocean County Soil Conservation District, the Township Board of Health, the Township Shade Tree Commission, the Township Board of Assessors, the Township Police Department, the Township Zoning Officer and such other municipal, county or State officials or agencies as may be necessary for their review and recommendations to the municipal agency. The documentation shall be forwarded by the Board Secretary forthwith upon the filing of the application and documentation by the subdivider. When the documentation is forwarded, as herein called for, the recipients shall be notified of the date fixed for the public hearing. Each municipal recipient of the documentation distributed in accordance with this provision shall provide written report and recommendations to the Board prior to the date set for the public hearing. In addition to the written reports herein called for, any municipal commission, board, body or official shall have the right to appear at the public hearing and give testimony and produce evidence in support of its report and recommendations. If any municipal board or body does not submit a written report prior to the date fixed for the public hearing, the Board shall assume that the municipal board, body or official has no recommendations and no objections to the proposed subdivision as submitted. In considering the application and making determination following public hearing, the Planning Board shall give due consideration to the report and recommendations of any municipal board, body or official as herein provided.
The municipal agency shall act on the preliminary plat within the time prescribed in §
55-90 of this chapter. If the municipal agency acts favorably on a preliminary plat, with or without conditions, a notation to that effect shall be made on the plat, and it shall be returned to the developer for compliance with final approval requirements. If the municipal agency disapproves a preliminary plat, the reasons for such action shall be noted on the plat and returned to the developer.
A. The following rights shall be conferred upon the developer for a
period of three (3) years after the date of preliminary approval:
(1) 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; 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.
(2) That the developer shall submit for final approval on or before the
expiration date, unless extended as set forth herein below, of preliminary
approval the whole or a section or sections of the preliminary plat.
A failure to do so will deem the preliminary approval null and void
and of no further force or effect.
[Amended 8-4-03 by Ord. No. 2003-20]
(3) That the developer may apply for and the municipal agency may grant
extensions on such preliminary approval for additional periods of
at least one (1) year, but not to exceed a total extension of two
(2) years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
B. In the case of a subdivision or site plan for an area of fifty (50) acres or more, the municipal agency may grant the rights referred to in subsection
A(1),
(2) and
(3) above for such period of time longer than three (3) years as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The developer may thereafter apply for and the municipal agency may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
Prior to the commencement of any construction or final plat
approval, the developer shall submit eight (8) sets of construction
drawings to the Township Engineer. Said drawings shall conform to
the following:
A. They shall be drawn to a scale of not less than one (1) inch equals
fifty (50) feet.
B. The sheet size shall be either thirty by forty-two (30 x 42) or twenty-four
by thirty-six (24 x 36) inches.
C. They shall be drawn and sealed by an engineer licensed by the State
of New Jersey.
D. They shall show all necessary details and information for the construction of the required improvements and shall incorporate all standard design details pursuant to §§
55-125 through
55-126.17 of this chapter.
[Amended 9-6-83 by Ord. No. 1983-20; 10-5-98 by Ord. No. 1998-20 § 3]
Twenty-two (22) black-line or blue-line prints of the final plat drawn to the specifications pursuant to §
55-116, together with the original and twenty-one (21) copies of the completed land use and development application forms requesting final approval, the fees and escrow deposits as required in Article
III of this chapter, shall be submitted to the Administrative Officer. A performance guarantee in the amount sufficient to ensure the completion of the improvements required under §
55-123 of this chapter and inspection escrow deposit as required in Article
III of this chapter, shall be submitted prior to the signatures by the Board Engineer, Chairman and Secretary's signatures certifying any approvals by the municipal agency.
After determination that a complete application has been submitted, the municipal agency shall act on the final plat within the time prescribed in §
55-90 of this chapter. Prior to an action being taken, however, a certification by the Township Engineer and Township Attorney shall be received by the municipal agency stating that the performance guaranty is approved as to form and amount to assure completion of all required improvements. If the municipal agency acts favorably on a final plat, with or without conditions, a notation to that effect shall be made on the plat, and it shall be returned to the developer.
After the original tracing has been signed by the appropriate
officials, the tracing shall be returned to the developer, and he
shall proceed to file same with the County Recording Officer within
ninety-five (95) days of the signing of the plat. The municipal agency
may, for good cause shown, extend the period for recording for an
additional period not to exceed one hundred ninety (190) days from
the date of the signing of the plat.
Within ten (10) days of the filing of the original tracing with
the County Recording Officer, the developer shall submit to the Board
the following copies of the filed plat: four (4) cloth prints and
six (6) black-on-white prints of the filed plat. The Board Secretary
shall furnish the Township Engineer, Building Official, Tax Assessor
and Township Clerk and County Planning Board with a copy of the filed
plat.
[Amended 5-1-89 by Ord. No. 1989-12; 6-19-89 by Ord. No. 1989-20; 10-5-92 by Ord. No. 1992-24]
The following rights shall be conferred upon the developer for a period of two (2) years after the date of final approval: The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to §
55-108 whether conditionally or otherwise, shall not be changed, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in §
55-112 of this chapter. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required, the municipal agency may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of the Municipal Land Use Law, the granting of final approval terminates the time period of preliminary approval pursuant to §
55-108 of this chapter for the section granted final approval.
All plats submitted for approval shall meet the criteria set forth in the following §§
55-116 through
55-118 of this chapter.
A. General Requirements. The sketch plat shall be based on a land survey,
a deed plotting and the current Tax Map or other suitable base map;
shall be drawn at a scale of not less than one hundred (100) feet
to the inch for subdivisions up to one hundred (100) acres in size
and not less than two hundred (200) feet to the inch for subdivisions
over one hundred (100) acres in size; and shall show or be accompanied
by the information specified below.
B. Title Block. The title block shall appear on all sheets and shall
include:
(3) Tax Map sheet, block and lot number(s) of the tract to be subdivided
as shown on the latest Township Tax Map.
(4) Acreage of tract to be subdivided to the nearest tenth of an acre.
(5) Date of original and of all revisions.
(6) Names and addresses of the owner and subdivider, so designated.
(7) Name(s), signature(s), address(es) and license number(s) of the engineer
and/or land surveyor who prepared the map. The plat should bear the
embossed seal of said engineer and/or land surveyor.
(8) A schedule should be placed on the map indicating the acreage of
the tract, the approximate number of lots, the zone, minimum required
lot areas, setbacks, yards and dimensions and percentage of recreation
acreage provided.
C. Detailed information required for major subdivision applications.
(1) A key map, at a scale of one (1) inch equals one thousand (1,000)
feet, showing the location of the tract to be subdivided with reference
to surrounding areas, existing streets which intersect or border the
tract, the names of all such streets and the location of any Township
boundary which is within five hundred (500) feet of the subdivision.
(2) Names of all owners of and property lines of parcels within two hundred
(200) feet of the land to be subdivided, including properties across
the street, as shown by the most recent records of the Township.
(3) All existing streets, watercourses, floodplains, floodway and flood
hazard areas within the proposed subdivision and within two hundred
(200) feet of the boundaries thereof.
(4) All existing structures and an indication of those which are to be
destroyed or removed.
(5) The boundaries, nature and extent of wooded area and the location
of any other significant physical features, including swamps, bogs
and ponds within the proposed subdivision and within two hundred (200)
feet thereof.
(6) The layout of the proposed subdivision drawn generally in compliance
with the provisions of this chapter.
(7) All proposed public easements or rights-of-way, the purposes thereof
and proposed streets within the proposed subdivision. The proposed
streets shall show the right-of-way widths.
(9) Such other information as the Board Engineer or Board may require
or request during the informal discussion of the subdivision.
(10)
Existing five (5) foot interval (or less) contours based on
United States Coast and Geodetic Survey datum (MSL + O) shall be shown
extending a minimum of one hundred (100) feet beyond the boundary
of the tract in question and shall be certified by a New Jersey licensed
surveyor or professional engineer as to accuracy, except that where
the slopes exceed five percent (5%), a ten (10) foot interval may
be used, and if the slopes exceed ten percent (10%), a twenty (20)
foot interval is permissible. The source of elevation datum base shall
be noted.
D. Detailed information required for minor subdivision applications.
(1) A key map, at a scale of one (1) inch equals one thousand (1,000)
feet, showing the location of the tract to be subdivided with reference
to surrounding areas, existing streets which intersect or border the
tract.
(2) The location of that portion which is to be subdivided in relation
to the entire tract.
(3) All existing structures within the portion to be subdivided.
(4) The name of the owner and all adjoining property owners as well as
all owners directly across any street or easement, as disclosed by
the most recent municipal tax records.
(5) The Tax Map sheet, block and lot numbers, and block and lot numbers
of adjoining property owners as well as those across any street or
easement.
(6) All existing or proposed streets or roads within or adjoining the
subdivision, setting forth the names of the streets or roads and the
right-of-way widths thereof.
(7) Distance in feet to nearest intersection.
(8) Dimensions of lots concerned.
(9) Arrow indicating the direction of north.
(10)
A title block which shall contain the name and address of the
owner, the name and address of the licensed New Jersey professional
engineer or land surveyor preparing the plat, the tax map lot and
block designation of the lands to be subdivided and the date on which
the plat was prepared, together with the scale used.
[Amended 9-21-87 by Ord. No. 1987-29]
A. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one hundred (100) feet to the inch, on sheets of equal size. It shall be drawn and sealed by a land surveyor licensed by the State of New Jersey with design and improvements drawn by a professional engineer licensed by New Jersey. The preliminary plat shall be designed in compliance with the provisions of §
55-125 of this Article and shall contain the following information.
B. Title Block. The title block shall appear on all sheets and shall
include:
(1) Title of "preliminary plat."
(3) Tax Map sheet, block and lot number(s) of the tract to be subdivided
as shown on the latest Township Tax Map.
(4) Acreage of tract to be subdivided to the nearest tenth of an acre.
(5) Date of original and of all revisions.
(6) Names and addresses of the owner and subdivider, so designated.
(7) A schedule shall be placed on the map indicating the acreage of the
tract, the number of lots, the zone, minimum required lot areas, setbacks,
yards and dimensions and the percentage of recreation acreage provided.
(8) Name(s), signature(s), address(es) and license number(s) of the engineer
and land surveyor who prepared the map. The plat shall bear the embossed
seal of said engineer and land surveyor.
C. Detailed Information.
(1) A key map, at a scale of one (1) inch equals one thousand (1,000)
feet, showing the location of the tract to be subdivided with reference
to surrounding areas, existing streets which intersect or border the
tract, the names of all such streets and any such Township boundary
which is within five hundred (500) feet of the subdivision.
(2) Names of all owners of and property lines of parcels within two hundred
(200) feet of the land to be subdivided, including properties across
the street, as shown by the most recent records of the Township.
(3) The plat shall be based on a current, certified boundary survey.
Date of the survey and the name of the person making same shall be
shown on the map.
(4) Existing one-foot-interval contours based on United States Coast
and Geodetic Survey datum (MSL-O) shall be shown extending a minimum
of one hundred (100) feet beyond the boundary of the tract in question
and shall be certified by a New Jersey licensed surveyor or professional
engineer as to accuracy, except that where the slopes exceed five
percent (5%), a two (2) foot interval may be used. The source of elevation
datum base shall be noted.
(5) All existing streets, watercourses, floodplains, floodways, and flood
areas within the proposed subdivision and within two hundred (200)
feet of the boundaries thereof, both the width of the paving and the
width of the right-of-way of each street and existing public easements
and Township borders within two hundred (200) feet of the subdivision.
(6) All existing structures, an indication of those which are to be destroyed
or removed and the front, rear and side yard dimensions of those to
remain.
(7) The boundaries, nature and extent of wooded areas and other important
physical features, including swamps, bogs and ponds within the proposed
subdivision and within two hundred (200) feet thereof.
(8) The layout of the proposed subdivision drawn in compliance with the
provisions of this chapter.
(9) All proposed public easements or rights-of-way, the purposes thereof
and proposed streets within the proposed subdivision. The proposed
streets shall show the right-of-way and proposed pavement width.
(10)
The existing system of drainage of the subdivision and of any
larger tract of which it is a part, together with information on how
it is proposed to dispose of surface drainage.
(11)
The acreage of the drainage area (or areas) of each natural
or man-made watercourse traversing the subdivision, including the
area within the subdivision and the area upstream from the subdivision.
(12)
All proposed lot lines and the areas of all lots, in square
feet.
(13)
North arrow; written and graphic scales.
(14)
A copy of any existing or proposed covenants or deed restrictions
applying to the land being subdivided or certification that none exists.
(15)
Preliminary utility layouts showing methods of connection and
sources of service.
(16)
The proposed location and area, in acres or square feet, of
all required or proposed open space areas.
(17)
Such other information as the Board and/or Board Engineer may
require or request during the review or the tentative submission.
(18)
Preliminary on-site grading and drainage plan.
(a)
The plat shall show or be accompanied by a preliminary grading
and drainage plan which shall show locations of all existing and proposed
drainage swales and channels, retention-recharge basins, the scheme
of surface drainage and other items pertinent to drainage, including
the approximate proposed grading contours at one (1) foot intervals,
except that if slopes exceed five percent (5%), a two (2) foot interval
may be used.
(b)
The plan shall outline the approximate area contributing to
each inlet.
(c)
All proposed drainage shall be shown with preliminary pipe type
and sizes, invert elevations, grades and direction of flow. The direction
of flow of all surface waters and of all watercourses shall be shown.
(d)
The preliminary grading and drainage plan shall be accompanied
by a drainage calculation made in accordance with standards set forth
herein.
(19)
Preliminary off-site drainage plan. The tentative plat shall
also be accompanied by a preliminary off-site drainage plan prepared
in accordance with the following standards:
(a)
The plan shall consist of an outline of the entire drainage
basin in which the property to be subdivided is located. The terminus
of the basin and existing ground contours or other basin for determining
basin limits shall be shown.
(b)
Pertinent off-site existing drainage, which receives or discharges
runoff from or onto the site, shall be shown with elevations of inverts,
pipe types and sizes or other appropriate physical data for open or
nonpipe conduits.
(20)
Preliminary center-line profiles showing all proposed drainage,
all existing and proposed finished roadway grades; channel section
details, pipe sizes, type, inverts; road crowns and slopes; all other
proposed drainage structures and connections.
(21)
Sectionalization and staging plan. The plat shall be accompanied
by a preliminary sectionalization and staging plan showing the following:
(a)
If the subdivision is proposed to be filed for final approval
in sections, the plan shall show each such section. The staging of
the various sections in the subdivision shall be such that if development
of the subdivision were to be discontinued after the completion of
any section, the developed portion of the subdivision would be provided
with adequate street drainage and utility systems. The size and staging
of the section in a subdivision shall be established to promote orderly
development and shall be subject to the approval of the Board. In
no instance shall any single section of a subdivision include more
than one hundred (100) lots.
(b)
During construction of the development, the developer shall
fully comply with the sectionalization and staging plan in accordance
with the preliminary approval. If for any reason the developer does
not fully comply with the approved sectionalization and staging plan,
no building permits shall be issued until such time as the developer
makes application to and receives approval from the Board for a revised
staging and sectionalization plan. The Board may modify the plan and
pose time restrictions or require the developer to construct the development
in accordance with the approved staging and sectionalization plan.
The developer shall be required, at the time of filing the revised
plan with the Board, to pay a nonrefundable application fee in the
amount of three hundred ($300.00) dollars.
(22)
Proof of payment of real estate taxes.
(23)
Map must include certification for the signatures of the Chairman,
Secretary and the Board Engineer.
(24)
Soil borings to a depth of ten (10) feet and percolation tests
shall be submitted [one (1) for each five (5) areas] for all subdivisions
where on-site sanitary disposal septic systems are proposed. The location
of the soil borings and percolation tests shall be indicated on the
plat.
(25)
An affidavit setting forth the names and addresses of all record
title owners of the land proposed to be subdivided by said map and
the consent, in writing, of all such owners to the approval of such
map shall accompany the plats or be shown.
D. Environmental Review.
(1) Composite Environmental Constraints map at same scale as the preliminary
plat or site plan. The applicant shall, utilizing existing map sources,
present a plan indicating:
(a)
The features for preservation.
(b)
Features which represent any constraints for development.
[1]
Generally indicating the area most suitable for development.
[2]
The areas least suitable for development.
[3]
Various degrees of suitability between these two (2) extremes.
(2) Environmental Impact Statement.
(a)
An Environmental Impact Statement (EIS) is required as part
of any application for development, excluding minor site plans and
minor subdivisions, involving new buildings or any land disturbance
which requires approval of either the Planning Board or Zoning Board.
The EIS shall be prepared in accordance with the protocols of the
New Jersey Department of Environmental Protection.
(b)
Contents of EIS. The EIS shall discuss and analyze those factors
required for the particular project as provided in paragraph D(2)(d)
and any other factors pertinent to the project. Where the information
is provided elsewhere in the application, it may be incorporated by
reference. The applicant may request a preapplication conference with
the Planning Board to discuss the scope and detail of the EIS, and
the Planning Board may seek the advice of the Environmental Commission
in determining said scope and detail. The EIS shall address each of
the items outlined below to the degree and extent it is pertinent
to the project. In preparing the EIS, the applicant may utilize resource
information available from the Township.
(c)
The following information shall be submitted in accordance with
the requirements of paragraph D(2)(d) as to the scope of the proposed
project:
[1]
Executive summary. The EIS shall contain a concise summary of
the environmental impact assessment for the proposed project. This
summary will evaluate the positive and negative environmental effects
of the project should it be implemented and the public benefits expected
to be derived from the project, if any.
[2]
Project description. A project description, complete with site
plans, which shall specify the purpose of the proposed project, including
products and services, if any, being provided, and the regional, municipal
and neighbor-hood setting, including current land use of the project
site and properties within five hundred (500) feet of the site. The
applicant should provide a description of the existing conditions
as it pertains to the development on site.
[3]
Inventory of existing natural resources. Generally, an inventory
will consider the air quality, topography, surface water bodies, surface
water quality, aquatic biota, soils, geology, ground-water, vegetation,
wildlife, archaeological and historical features and the presence
of wetlands. The environmental features identified above shall be
depicted upon one (1) or more environmental constraints maps, which
should be included within the EIS. Most specifically, the maps should
depict features for preservation, features which represent any constraints
for development, and should call out the most suitable area for development,
least suitable areas for development, and areas of various degrees
of suitability between the extremes.
(d)
Assessment of environmental impact of project. An assessment
supported by environmental data of the environmental impact of the
project upon the factors described in paragraph D(2)(c)[3] above,
and additional factors set forth below.
[1]
Geology. Describe the geologic formations, confining layers,
etc., including surficial deposits.
[2]
Topography. Provide topographic con-tours and any existing features
that are not considered to be part of the natural environment on the
site and a minimum of fifty (50) feet surrounding the site.
[3]
Aquifers/water supply. If the water is to be supplied from the
site and a flow of one hundred thousand (100,000) gallons per day
or less is required, an impact assessment of water supply is required
if the anticipated demand exceeds the available safe yield of the
aquifer contained within the property limits indicated in the Township's
resource inventory. In such case the applicant must substantiate and
explain the anticipated demand, present proof that the aquifer contained
within the property limits can yield the desired amount of water,
demonstrate that wells proposed for installation will meet acceptable
standards and assess the effect of proposed withdrawals on existing
and proposed wells and surface water bodies within the geologic formation.
If the plan includes fifty (50) or more dwelling units, certification
of the adequacy of the proposed water supply and sewerage facilities
must be obtained from the New Jersey Department of Environmental Protection
("NJDEP").
If the water is to be supplied from any existing private or
public facility, the identification, owner and location of the facility
and the location of existing distribution point to which the proposed
project would be connected shall be provided. The applicant will submit
documentary proof that the facility has the available excess capacity
in terms of its allowable diversion and equipment to supply the proposed
project and is willing to do so. The applicant must demonstrate to
the satisfaction of the Planning Board that the total consumption
of groundwater from on-site and off-site sources will not exceed the
available safe yield of the aquifer contained within the property
limits. Additionally, the applicant shall identify any known or suspected
groundwater contamination or potential groundwater contaminating sources
on or adjacent to the subject site.
[4]
Stormwater management. The applicant should describe the Stormwater Management Plan and demonstrate that the proposed project is in compliance with the Township's Stormwater Management Ordinance (Article
XXI) and applicable sections of the regulations of the NJDEP, Ocean County Soil Conservation District and the Pinelands Commission.
[5]
Surface water quality and stream corridor protection. A description
and a map of any streams, water bodies, and immediate environs, steep
banks, springs, wetlands and streamside vegetation located on the
property should be provided. The mapping must include a depiction
of the floodway and flood hazard area. The applicant shall supply
copies of all resource information provided to the Division of Water
Resources in support of an application for any required flood hazard
area permit. The applicant should incorporate best management practices
and best available technology to minimize impacts associated with
stormwater runoff into surface water bodies as referenced in the New
Jersey Stormwater Best Management Practices Manual. In addition, the
applicant shall comply with Federal, State, and County surface water
testing requirements and submit any test results as part of the environmental
impact statement.
[6]
Wastewater management. An estimate of the expected quantity
and type of wastewater from the proposed development must be included.
If disposal is on site, discuss the relation to topography, soils,
wetlands and underlying geology, including water table, aquifer recharge
areas and all wells within two hundred (200) feet of the disposal
areas; include results of percolation tests and soil logs required
by ordinance.
If disposal is to an existing private facility or to a public
facility, identification of the owner and location of the plant and
the location of the existing collection point to which the proposed
project would be connected must be provided. Documentary evidence
that the expected flows from the proposed facility will be accepted
and can be treated adequately by the private or public facility must
accompany the environmental impact statement.
The applicant should demonstrate compliance with all applicable
State, County and Township health regulations.
[7]
Floodplains. The floodplain shall be identified and included
on the site plan. Construction within the one hundred-year floodplain
must be approved by the New Jersey Department of Environmental Protection,
Bureau of Floodplain Management. The applicant should provide a description
of any activities proposed within the flood hazard area and any anticipated
adverse impacts from project implementation.
[8]
Soils. A description of soils located on and within two hundred
(200) feet of the subject site should be provided along with mapping
depicting the location and extent of each soil type. A description
of the depth to the seasonal high water table should also be provided.
[9]
Steep slopes. The elevations on the site should be identified and included on the site plan. The applicant shall demonstrate that the proposed development is in accordance with the Township's Steep Slopes Ordinance (Article
XXIV).
[10] Wetlands. Freshwater wetlands, transition area widths and State open waters shall be delineated and certified pursuant to the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A) for areas outside of the State Pinelands Area and pursuant to the Pinelands Protection Act rules for areas within the State Pinelands Area. The delineation report and plan shall be submitted as part of the EIS, as well as evidence that the project is in accordance with the standards of Article
XIX for development within the Pinelands Area, if applicable.
[11] Vegetation. Describe the existing vegetation on site and provide evidence that the project is in accordance with the standards of Article
XIX for development within the Pinelands Area, if applicable. A map shall be prepared showing the location of major vegetation groupings such as wood-lands, open fields, and wetlands. Where woodlands are delineated, the forest types shall be indicated. Forest vegetation is to be classified by type and age class. The distribution of types and classes will be indicated on a map, the scale of which shall not be less than one (1) inch equals fifty (50) feet or such other scale as may be required. The location, species and diameter at four and one-half (4 1/2) feet above the ground of all isolated trees in non-forested areas four (4) inches or more in diameter are to be shown on the same or on a separate map.
[12] Wildlife. Prepare an inventory of all wildlife
species, which may utilize the subject site, including terrestrial
and aquatic vertebrates and avian species. This inventory shall identify
all such species that were encountered through on-site investigations.
All habitats on site that are unique to Barnegat Township or the Ocean
County region shall be identified. All habitats that are critical
in the maintenance of wildlife shall also be identified. These areas
may include, but are not limited to, stream corridors, Atlantic White
Cedar swamps, cranberry bogs, vernal ponds or other ecotones.
[13] Aquatic biota. If a water body is located on site
the applicant should prepare a list of all species encountered, noting
those that are unique to Barnegat Township or the Ocean County region.
Additionally, the inventory should identify any threatened or endangered
species present.
[14] Threatened or endangered species. Identify any
endangered or threatened species (plant or animal) protected by the
State or Federal government which may utilize any portion of the site.
The New Jersey Natural Heritage Program and/or the New Jersey Division
of Fish, Game and Wildlife shall be contacted regarding all endangered
or threatened species sightings within one (1) mile of the project
location for animals or one-quarter (0.25) mile of the project location
for plants. A description of the type of habitat utilized by any species
identified within the limits described above shall be provided, as
well as the identification of such habitat which is found on site.
The applicant should discuss any adverse impacts anticipated to occur
to threatened or endangered species and habitat.
[15] Air quality. Describe each source, its location, the quantity and nature of materials to be emitted from any furnace or other device in which coal, fuel oil, gasoline, diesel fuel, kerosene, wood or other combustible material will be burned, or if any other source of air pollutants, including automobiles attracted by the facility, will be present on the site during or after construction. Evidence of compliance with the standards of Article
XIX for development within the Pinelands Area (if applicable), as well as any applicable State and Federal regulations shall accompany the EIS. If a State or Federal emission permit is required, a copy of all resource data submitted with the application for the permit shall also accompany the EIS.
[16] Land use and compatibility. Describe existing
land uses on and within five hundred (500) feet of the site. The applicant
should demonstrate that the proposed project is compatible with the
surrounding land uses. Additionally, the compatibility or incompatibility
of the proposed project shall be described in relation to the following:
[a] Barnegat Township Master Plan.
[b] Barnegat Township Zoning Ordinance.
[c] Barnegat Township Environmental Resource Inventory.
[d] Master plans of adjacent municipalities, if applicable.
[e] Ocean County Master Plan.
[f] Pinelands Comprehensive Management Plan (For properties
within the Pinelands Area).
[g] Coastal Area Facility Review Act (for properties
within the CAFRA area).
[h] New Jersey State Development and Redevelopment
Plan.
[i] Other pertinent planning documents.
[17] Historic archaeological and cultural resources.
Identify, describe and map any existing cultural, historical or archaeological
resources located on or within five hundred (500) feet of the site.
The applicant should demonstrate that the proposed project would not
adversely impact any properties listed within the New Jersey and National
Registers of Historic Places and the Township's Historic Preservation
Element of the Master Plan.
[18] Contaminated and brownfield sites. A statement
discussing the presence or absence of contamination on the site in
question and whether or not the site is a known brownfield, as identified
within the NJDEP Known Contaminated Sites GIS data layer.
[19] Scenic features. The applicant should demonstrate
that the development would not adversely impact the viewshed of cultural/historical
land-marks or unique geographic and topographic features. For development
along a waterfront, the applicant should demonstrate compliance with
Coastal Zone Management Rules Section 7:7E-8.12 (Scenic Resources
and Design).
[20] Solid waste recycling and disposal. Estimate the
volume of solid wastes by the type expected to be generated from the
proposed project during construction and operation and describe plans
for collection, storage, transportation and disposal of these materials;
identify the location(s), type(s) and owner(s) of the facility (facilities)
which will receive such solid wastes; demonstrate compliance with
the requirements of the Statewide Mandatory Source Separation and
Recycling Act. Applicants are encouraged to reuse and/or recycle solid
waste to the maximum extent practicable in accordance with the guidelines
set forth by the United States Green Building Council (USGBC) within
the Leadership in Energy and Environmental Design (LEED) standards.
[21] Energy conservation. A description of the site
in terms of its physical orientation to solar access and prevailing
winds, addressing the building and site design and arrangement in
terms of energy efficient principles and maximum utilization of renewable
energy sources. As Barnegat Township encourages sustainable design,
building techniques and management practices, the applicant should
provide a description of proposed sustainable design features and
techniques/management programs that would be utilized both during
construction and during operation of the completed project. LEED certified
development is encouraged. Applicants are encouraged to utilize the
USGBC's LEED standards for project design, implementation and operation.
[22] Noise. A statement of anticipated effects of noise
and vibration levels, magnitude and characteristics related to construction
activities and proposed method(s) of control. Any applicant for industrial
and commercial enterprises must show that during construction and
during normal operation the enterprise will not exceed the State of
New Jersey regulations controlling industries and commercial stationary
sources (N.J.A.C. 7:29-1.1 et seq.).
[23] Alternatives. The applicant should identify other
reasonable courses of action that were considered and not selected,
such as other sites, design modifications, other uses of the subject
site, and the no build scenario. Describe the benefits and adverse
impacts to the human environment of each alternative and the reasons
for rejecting it.
[24] Adverse impacts which cannot be avoided. The EIS
shall contain a summary list or table, without discussion, of the
potential adverse environmental impacts which cannot be avoided should
the proposed project be implemented. Short-term impacts should be
distinguished from irreversible impacts. Any impacts upon critical
areas, which include, but are not limited to, streams, floodways,
wetlands, steep slopes, and environmentally sensitive areas, which
include, but are not limited to, highly erodible soils, areas of high
water table, aquifer recharge areas and mature stands of native vegetation,
should specify the type of criteria involved and the extent of similar
areas which will not be affected.
[25] Environmental protection and mitigation measures.
The EIS shall contain a listing of all environmental protection and
mitigation measures which will be used should the proposed project
be implemented. These are measures that will avoid, minimize, or mitigate
adverse effects on the natural and man-made environment of the site
and region during the construction and operation of the facility.
[26] Other required approvals. List any permits, licenses,
or approvals required for this project from Federal, State, local,
or other governmental agencies, including the name of the issuing
agency, whether the permit, license, or approval has been applied
for, and if so, the date of the application, whether the application
was approved or denied (include date) or is pending, and the number
of the application or permit.
(e)
Planning and Zoning Board review. In reviewing an EIS the Boards
shall take into consideration the effect of the proposed project upon
all aspects of the environment, including, but not limited to, sewage
disposal, water quality, water supply, preservation of trees and vegetation,
protection of watercourses, protection of air resources, protection
of aquifers, protection of public lands and their uses and ecosystems
and the avoidance of any nuisance factors. The Boards may submit the
EIS for review to the Environmental Commission and may submit such
statement to such other governmental bodies and to such consultants
as it may deem appropriate. The Boards may reject the proposed project
on an environmental basis, if they can reasonably determine that the
proposed project satisfies one or more of the following criteria:
[1]
The proposed project will result in appreciable harm to the
environment or to the public health and safety.
[2]
The proposed project has not been designed with a view toward
the protection of natural resources.
[3]
The proposed project will place an excessive demand upon the
total resources available for such project and for any future projects.
(f)
Conditions. The steps to be taken to minimize the adverse environmental
impacts during construction and operation and the alternatives, which
may be approved by the Boards, shall constitute conditions of the
approval of the EIS, together with such other conditions as the Boards
may impose.
(3) Test boring, percolation rates, water levels and groundwater samples
shall be submitted by a licensed engineer in accordance with the following
standards:
(a)
To a 2-acre site: 1 test hole
(b)
2-acre site: 3 test holes
(c)
3-acre site: 6 test holes
(d)
5-10 acre site: 8 test holes
(e)
11-40 acre site: 10 test holes
(f)
41-100 acre site: 16 test holes
(g)
Over 100 acre site: 10 test holes
(4) A Preliminary Assessment of the proposed development site is required
to be submitted as part of any application for development, excluding
minor site plans and minor subdivisions, which requires approval of
either the Planning Board or the Zoning Board. The Preliminary Assessment
shall be prepared in accordance with the protocols of the New Jersey
Department of Environmental Protection, including the regulations
set forth in N.J.A.C. 7:26E-3.1. The Boards may submit the Preliminary
Assessment for review to the Environmental Commissions and to such
other governmental bodies or agencies as it may deem appropriate.
The Boards shall take the Preliminary Assessment into consideration
upon its review of the development application to the fullest extent
permitted by law.
[Added 5-6-13 by Ord. No. 2013-02]
These borings shall be distributed over the tract to adequately
represent site conditions and shall be to a minimum depth of ten (10)
feet.
|
[Amended 10-5-98 by Ord. No. 1998-20 § 4 and Ord. No. 1998-21 § 4]
The final plat shall be clearly and legibly drawn in final form
at a scale of not less than one (1) inch equals fifty (50) feet in
compliance with Chapter 14 of the Laws of 1960 (N.J.S.A. 46:23-9.9
et seq.) for purposes of recording. The final plat shall conform to
the preliminary plat as approved, shall not contain more than one
hundred (100) lots, and at a minimum, shall show and be accompanies
by the following:
A. Required Documentation.
(1) Sewerage Authority approval.
(2) Ocean County Planning Board approval, where required.
(3) Final State and/or municipal wetlands approval, where required.
(5) Final State floodplain approval, where required.
(6) Proof of payment of real estate taxes.
(7) Evidence of a comprehensive general liability insurance policy in
an amount not less than three hundred thousand ($300,000.00) dollars
per occurrence, identifying and saving harmless the Township of Barnegat
and its agencies, employees and agents from any liability for any
acts of the subdivider or his agents, contractors, or employees in
the implementing of the approved subdivision. The subdivider, at his
option, may provide a statement that such evidence will be provided
simultaneously with the provision of bonds and fees, but in no event
will any signatures be affixed to the final plat until such evidence
is provided. The insurance policy shall provide for ten (10) days'
notice to the Township prior to cancellation.
(8) A certificate of title, which may be in letter form, signed by a
member of the New Jersey Bar or by a title officer or authorized agent
of a title insurance company licensed to do business in the State
of New Jersey, which certificate shall confirm that the owner of the
premises in question is the applicant as shown on the plat.
(9) Where applicable, a copy of the permit issued or, if the permit has
not been issued, the application filed with the New Jersey Department
of Environmental Protection under the Coastal Area Facility Review
Act and copies of the environmental impact statement and any attachments
thereto filed in accordance with the provisions of the Act, or, in
the alternate, a statement issued by the Department of Environmental
Protection that the proposed development is exempt from the Act.
(10)
Such other submittals as may be required by State or local law.
Unless other specific provisions are made in this chapter or by statute,
all approvals required of Federal, State, county and local agencies
or officials shall be obtained and evidence thereof filed with the
Planning Board prior to approval of a final plat. This shall include,
but is not limited to:
(a)
Riparian grants and licenses.
(c)
Highway drainage and access permits.
(11)
If the Board agrees, final approval may be granted conditioned
upon the receipt of any necessary subsequent approvals, but no approval
signatures will be affixed to any plat prior to obtaining any such
required approvals. The Board may determine a reasonable time for
obtaining all such required approvals. Such time, in no case, shall
exceed one (1) year. In the event that such required approvals are
not obtained within such time, the conditional approval shall lapse,
and submission of a new application will be necessary.
B. It shall be clearly and legibly drawn and, where required, endorsed,
and presented either as an original drawing in black ink on translucent
tracing cloth, or its equivalent, of good quality, with signatures
in ink, or as in equivalent reproduction on translucent cloth, or
its equivalent. A key map at a scale of one (1) inch equals one thousand
(1,000) feet shall also be provided.
C. It shall be one (1) of four (4) standard sizes, namely, thirty by
forty-two (30 x 42) inches, twenty-four by thirty-six (24 x 36) inches,
fifteen by twenty-one (15 x 21) inches or eight and one-half by thirteen
(8 1/2 x 13) inches, as measured from cutting edges. If one (1)
sheet is not of sufficient size to contain the entire territory, the
map may be divided into sections to be shown on separate sheets of
equal sizes, with references on each sheet to the adjoining sheets.
D. A title block which shall indicate a final plat and include the name
of the subdivision, the name of the owner and the name of the certifying
engineer or surveyor, and which shall indicate the North arrow and
graphic scale.
E. It shall show the dimensions, bearings and curve data, including
lengths of tangents, radii, arcs, chords and central angles for all
center-line and right-of-way line curves on streets, sufficient to
enable the definite location of all lines and boundaries shown thereon,
including drainage easements, public easements and areas dedicated
for public use.
F. Tangents, chords, arcs, radii and central angles at all street corners.
G. All dimensions, both linear and angular, of the exterior boundaries
of the subdivision and all lots and all lands reserved or dedicated
for public use shall balance, and their description shall close within
a limit of error of not more than one (1) part in ten thousand (10,000).
Where feasible, the control points of the subdivision shall be referenced
to three (3) permanent coordinated monuments. Feasibility shall be
at the determination of the Township Engineer.
H. Any easement or land reserved for or dedicated to the public use
shall be designated, and the proposed use of sites other than residential
shall be noted.
I. Each block and each lot shall be numbered in accordance with a scheme
approved by the Township Tax Assessor.
J. All municipal boundary lines crossing or adjacent to the territory
intended to be subdivided shall be shown and designated.
K. The names of adjoining subdivisions, if any, and the file number
of the recording or the names of the owners of adjacent properties.
L. All natural and artificial watercourses, streams, shorelines and
water boundaries and encroachment lines existing or dedicated by the
filing of the plat shall be shown.
M. The map shall clearly show all monumentation and property markers
as required, including monuments found, monuments set and monuments
to be set. An indication shall be made where monumentation found has
been reset. All monuments shall be placed in compliance with the Map
Filing Law (N.J.S.A. 46:23-9.9 et seq.).
N. An affidavit setting forth the names and addresses of all the record
title owners of the lands proposed to be subdivided by said map, and
the consent, in writing, of all such owners to the approval of such
map shall accompany the final plat or be shown thereon.
O. The final plat shall indicate the zone and tract acreage and show
the required minimum lot area, front, side and rear yard setback lines
and the lot line dimensions and areas of each lot being created by
the proposed subdivision.
P. The date of survey shall be shown on the final plat.
Q. The final plat shall show the street names and addresses (numbers)
as approved by the Tax Assessor. The Assessor shall assign the house
numbers for each parcel.
R. Sectionalization of final plats shall be in conformance with the
sectionalization and staging plan, if any, approved with the preliminary
plat.
S. Final construction, grading, drainage and utility plans and profiles,
at a scale of one (1) inch equals fifty (50) feet horizontal and one
(1) inch equals five (5) feet vertical, shall accompany the final
plat and show the following information:
(1) Grading plan showing existing and proposed grading contours at intervals
of one (1) foot throughout the tract, except that if slopes exceed
five percent (5%), an interval of two (2) feet is permissible. Datum
shall be the United States Coast and Geodetic Survey, and source of
datum shall be noted.
(2) Proposed spot or finished elevations at all property corners, curb
opposite property corners, corners of all proposed structures or dwellings,
first-floor elevation of all proposed structure, or dwellings and
drainage arrows designating direction of overland drainage flow on
each lot.
(3) Complete information for storm drainage and sanitary sewer system,
including but not limited to invert, rim and top of casting elevation
for all drainage structures and size, length, type and class of pipe
and slope for all pipe. Type of joints shall be noted for all types
of pipe used. The drainage plan shall be accompanied by complete drainage
calculations made in accordance with standards set forth herein.
(4) Slope, direction of flow and typical section for all streams, swales
and ditches.
(5) Final center-line profile grades, correct to one-hundredth (0.01)
foot with full information concerning vertical curve elevation.
(6) All center-line elevations of each street a maximum interval of fifty
(50) feet.
(7) Complete construction details for all structures, including but not
limited to manholes, inlets, headwalls, yard drains, culverts, bridges
and pumping stations.
(8) Complete off-site information concerning final disposition of stormwater
runoff and sanitary sewer connection to existing or proposed facilities.
(9) Detailed utility layouts and cross sections (sewers, water, gas,
electric, telephone, etc.) showing feasible connections to any existing
or proposed utility systems; provided, however, that detailed layouts
of gas, electric and telephone lines are not required. An indication
of these on a typical road cross section shall be sufficient. Layouts
shall include proposed locations of fire hydrants. If private utilities
are proposed, they shall comply with all local, county and State regulations.
(10)
The tops of the banks and boundaries of the floodways and flood
hazard areas of all existing watercourses where such have been delineated,
or the limits of alluvial soils where the boundaries of floodways
and flood hazard areas have not been determined and/or such other
information as may assist the Planning Board in the determination
of floodway and flood hazard area determination limits .
(11)
The limits of all areas of proposed cuts and fills, exclusive
of excavations for basements, shall be clearly designated.
(12)
All general requirements, details and supporting data as specified
under the preliminary plat (§ 55-125B) shall be incorporated
in the final construction drawings.
Prior to the granting of final approval, the developer shall have installed or, if permitted in lieu thereof, shall have furnished performance guaranties for the ultimate installation of the following improvements. All improvements shall be designated, constructed and placed in accordance with §§
55-125 through
55-132 of this chapter and any other applicable standards and specifications of the Township or county, State or Federal regulatory agencies. The developer may construct improvements prior to final approval and filing of the final plat upon notification to the Board forty-five (45) days prior to the start of construction and payment of inspection fees as specified in this chapter seven (7) days prior to the start of construction.
B. Street name signs and color at all street intersections within or
abutting the subdivision be subject to the approval of the Superintendent
of Public Works.
F. Monuments. All monuments shall be of the size and shape required
by Section 3q of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.11q)
and placed in accordance with said statute.
I. Water plants, fire hydrants, suction lines, distribution lines and
appurtenances where said utility is under the jurisdiction of the
Township.
J. Sanitary sewer plants, collection systems and appurtenances; also
the installation and capping of sewer mains and house connections
(dry sewers) if, where and when deemed necessary by the Township where
said utility is under the jurisdiction of the Township.
K. Electric, telephone, cable television, gas and other utilities.
M. Landscaping, topsoil and seeding on all lots and rights-of-way.
N. Soil erosion and sedimentation control measures in accordance with
the approved land disturbance plan.
[Added 9-19-05 by Ord. No. 2005-51; amended 11-21-05 by Ord. No. 2005-58]
A. Sidewalk and curbing requirements. Notwithstanding any provisions to the contrary in Section
55-119, sidewalks and curbing shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major site plan approval granted by the Barnegat Township Planning Board or Barnegat Township Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of Chapter
55 and the proposed sidewalk shall be designed and constructed in accordance with the requirements of Chapter
55, all as set forth in the Codified Ordinances of the Township of Barnegat.
B. Payment in lieu of sidewalk and curbing.
(1)
Any developer seeking minor subdivision, major subdivision,
minor site plan and/or major site plan approval may request a waiver
of the requirement to install curbing and sidewalks along all street
frontages of the subject property by agreeing to pay a sum to the
Barnegat Township Pedestrian Safety Fund equal to the cost of said
curbing and sidewalk. Said cost shall be determined by the Township
Engineer based on documented construction costs for public improvements
prevailing in the general area of the municipality.
(2)
In determining whether to grant the requested waiver and accept
a payment in lieu of the installation of sidewalk and curbing, the
Planning Board or Board of Adjustment shall consider the following
factors:
(a)
The presence or absence of curbing and sidewalks in the general
vicinity of the subject property.
(b)
The practical difficulty as established by the applicant of
installing such improvements in or adjacent to the subject property
due to exceptional topographic conditions, drainage concerns and/or
the deleterious impact to surrounding properties as a result of the
installation of such improvements.
(c)
The recommendation of the Board or Township Engineer.
C. Exemption from these requirements as to certain properties in the
Pinelands Management Zone:
(1)
For those building lots in the Pinelands Management Zone, wherein
at least seventeen (17) acres of property are required for one (1)
building lot, the Township Committee acknowledges that the financial
impact of requiring sidewalks and curbs in the rural area of the Township
would be an unnecessary financial burden, and unnecessary planning
concept. Therefore for those building lots seeking to be approved
in Barnegat Township located in the Pinelands Management Zone which
building lots are a minimum size of seventeen (17) acres, the applicant
can either agree to install curbing and sidewalks in accordance with
this subsection or pay an amount equivalent to the cost to construct
curbing and sidewalks along two hundred (200) feet of road frontage
of the property, as determined by the Township Engineer, in lieu of
the requirement to install curbing and sidewalks as set forth in paragraph
B(1) hereinabove.
D. Barnegat Township Pedestrian Safety Fund:
(1)
There is hereby established the Barnegat Township Pedestrian
Safety Fund (hereinafter "Fund").
(2)
Said Fund shall be dedicated to pay for the cost of designing
and constructing various pedestrian safety projects within Barnegat
Township.
(3)
All monies paid by developers in accordance with this subsection
shall be deposited into said Fund.
(4)
The Chief Financial Officer of the Township is hereby directed
to establish and maintain the Fund and to make disbursements upon
the request of the Township Engineer for designated pedestrian safety
improvements.
To determine the required improvements, the Board will consider:
A. The probable development of various parts of the Township as reflected
in the Master Plan and zoning regulations.
B. The necessity of safe, convenient and pleasant means for the movement
of traffic.
C. The protection of the public health, safety, comfort, convenience
and general welfare.
D. The preservation of the ecology and natural environment to the extent
that the provisions of necessary public services allows the preservation
of such environment.
A. No certificate of occupancy shall be issued for any use or building
involving the installation of utilities or street improvements, parking
areas, buffer areas, storm drainage facilities, the alteration of
the existing grade on a lot or the utilization of a new on-site well
or sanitary disposal system unless the Township Engineer or other
appropriate authority shall have, where applicable, certified to the
following:
(1) Utilities and drainage. All utilities, including but not limited
to water, gas, storm drains, sanitary sewers, electric lines and streetlighting
and telephone lines shall have been properly installed, and service
to the lot, building or use from such utilities shall be available.
(2) Grading of street rights-of-way. All street rights-of-way necessary
to provide access to the lot in question shall have been completely
graded, and all slope-retaining devices or slope planting shall have
been installed.
(3) Sidewalks. All sidewalks necessary to provide access to the lot in
question shall have been properly installed.
(4) Curbing, parking areas and streets. Curbing, driveways, complete
parking areas and the bituminous base course necessary to provide
access to the proposed lot, building or use shall have been properly
installed.
(5) Roadway obstructions. All exposed obstructions in bituminous concrete
streets, such as manhole frames, water boxes, gas boxes and the like,
shall be protected by building to the top of such exposures with bituminous
concrete as directed by the Township Engineer.
(6) Buffer areas and grading of lots. The lot in question shall have
been fully graded, all lot grading on adjacent areas affecting drainage
on or across the lot in question shall be complete and all plantings
and required buffer areas or fences shall have been provided or bounded
in accordance with the requirements of an approved site plan or final
plat, if any, or as required by the Township Engineer, to permit proper
surface drainage and prevent erosion of the soils.
(7) On-site wells. All on-site wells have been installed, tested and
approved by the Township Board of Health.
(8) On-site sanitary disposal systems. All on-site sanitary disposal
systems shall have been installed and approved by the Township Board
of Health.
(9) Public water supply. Where the proposed lot, building or use is served
by a public water supply, said supply shall have been installed and
tested, and all required fire hydrants or fire connections shall have
been installed and tested and approved.
(10)
Street signs and traffic control devices. All street signs and/or
traffic control devices affecting the proposed lot, building or use
and required under the terms of approval of a final plat or by Federal,
State, county or municipal rules, regulations or laws shall have been
installed.
(11)
Other. Any other conditions established for issuance of a certificate
of occupancy by the Board as a condition of final approval shall be
complied with.
B. This section shall be applicable to all subdivisions, site plans
and all individual dwelling unit site disturbances.
A. General Requirements. All improvements, except as otherwise provided,
shall be subject to inspection and approval by the Township Engineer.
No underground installation shall be covered until inspected and approved
by the Township Engineer or those agencies having jurisdiction over
the particular installation. If such installation is covered prior
to inspection, it shall be uncovered or other inspection means used,
such as television or other pipeline camera as may be deemed necessary
by the Township Engineer, and charges for such work will be paid for
by the subdivider. The appropriate engineer shall be notified by the
developer at least forty-eight (48) hours prior to the start of construction.
B. Inspection Not Acceptance. Inspection of any work by the Township
Engineer or his authorized representative shall not be considered
to be final approval or rejection of the work but shall only be considered
to be a determination of whether or not the specific work involved
was being done to Township specifications or other required standards
at the time of inspection. Any damages to such work or other unforeseen
circumstances such as the effect of the weather, other construction,
changing conditions, settlement, etc., between the time of installation
and the time that the developer wishes to be released from his performance
guaranty shall be considered accepted until the release of the performance
guaranty.
C. Payment to Contractors. No developer shall enter into any contract
requiring the Township Committee, the Township Engineer or any of
their agents, employees or other representatives to make any declarations,
written or otherwise, as a condition of payment of said developer
to a contractor as to the acceptance or rejection of the work. Neither
the Township Committee, the Township Engineer nor any or their agents,
employees or representatives shall make any such declaration.
[Amended 3-17-86 by Ord. No. 1986-4; 4-1-91 by Ord. No. 1991-15; 10-5-98 by Ord. No. 1998-20 § 5
and Ord. No. 1998-21 § 5]
A. Before recording of a final subdivision plat, the developer shall
post with the Township a performance guarantee assuring the installation
and maintenance of the on-tract improvements. The performance guarantee
shall be in the amount of one hundred twenty percent (120%) of the
cost of installation of the improvements as calculated by the Municipal
Engineer for the following improvements: streets, grading, pavement,
gutters, curbs, sidewalks, street lighting, shade trees, surveyor's
monuments as shown on the final map and required by the Map Filing
Law, water mains, culverts, storm sewers, sanitary sewers or other
means of sewage disposal, drainage structures, erosion control and
sedimentation control devices and public improvements of open space."
If the developer chooses to install the subdivision improvements prior
to the filing of the final map, then the developer must post a reforestation
bond with the Township prior to commencing clearing operations to
insure that the site will be stabilized and revegetated should the
developer decide to abandon the project after clearing has occurred.
[Amended 4-6-09 by Ord. No. 2009-10]
B. As a condition of final site plan approval, the developer shall post
with the Township a performance guarantee assuring the installation
and maintenance of the off-tract improvements located within the Township,
County or State highway right-of-way. The performance guarantee shall
be in the amount of one hundred twenty percent (120%) of the cost
of installation of the improvements within the right-of-way as calculated
by the Municipal Engineer and including streets, grading, pavement,
gutters, curbs, sidewalks, street lighting, shade trees, surveyor's
monuments as shown on the final map and required by the Map Filing
Law, water mains, culverts, storm sewers, sanitary sewers or other
means of sewage disposal, drainage structures, erosion control and
sedimentation control devices, and landscaping. In addition, in lieu
of posting a bond for the on-site improvements, the developer will
be required to post a reforestation bond with the Township prior to
commencing clearing operations to insure that the site will be stabilized
and revegetated should the developer decide to abandon the project
after clearing has occurred. In addition, all of the required on-site
improvements must be installed and accepted by the Township prior
to the issuance of a certificate of occupancy. If the developer requests
a certificate of occupancy before all of the required site improvements
have been completed, then the Township reserves the right to determine
if the improvements have been completed to the point where the issuance
of a certificate of occupancy is warranted. In addition, the developer
will be required to post a performance guarantee with the Township
to guarantee the completion of all outstanding items.
[Amended 4-6-09 by Ord. No. 2009-10]
C. Such performance guaranty shall be in favor of the municipality in
an amount not to exceed one hundred twenty percent (120%) of the cost
of the required improvements. Ten percent (10%) of said performance
guaranty shall be posted in cash with the municipality at the time
of the posting of the performance guaranty and said funds shall be
deposited in accordance with the requirements of the Municipal Land
Use Law. The performance guaranty shall run for a period not to exceed
twenty-four (24) months but, with the consent of the developer and
the surety, if there be one, the Township Committee may, by resolution,
extend the terms of the performance guaranty for a period not to exceed
an additional twelve (12) months. The performance guaranty shall be
in the form of a performance bond issued by an insurance or surety
company which has been approved by the State of New Jersey and licensed
to do business within the State of New Jersey.
(1) In the event that the performance guaranty hereinabove referenced
is in the form of an Irrevocable Letter of Credit acceptable and approved
by both the Township Engineer and the Township Attorney, said Letter
of Credit must include the following language: "In the absence of
notice to both the Township Clerk and the Township Engineer by certified
mail, return receipt request at least forty-five (45) days prior to
the expiration of the within Irrevocable Letter of Credit, then the
within Letter of Credit shall automatically be extended for an additional
one (1) year period from the date of its expiration."
Notwithstanding the above language, the Township Engineer and
the Township Clerk shall receive notice by certified mail, return
receipt requested of the expiration of the renewal period of the Irrevocable
Letter of Credit hereinabove described. This paragraph shall be read
in conjunction with the Planning or Zoning Board's resolution granting
the developer a specific period of time to complete the required improvements.
D. The amount of the performance guaranty may be revised by the Township
Committee from time to time to reflect work progress, increasing costs
and changing conditions in regard to the uncompleted or unacceptable
portions of the required improvements. If the required improvements
have not been installed in accordance with the performance guaranty,
the obligor and surety shall be liable thereon, at the option of the
municipality, for the reasonable cost of the improvements not installed
(and upon receipt of the proceeds thereof, the municipality shall
install such improvements) or the completion of all required improvements.
E. If the required improvements are not completed or corrected in accordance
with the performance guaranty, the obligor and surety, if any, shall
be liable thereon to the Township for the reasonable cost of the improvements
not completed or corrected, and the Township may either, prior to
or after the receipt of the proceeds thereof, complete such improvements.
F. Procedure upon substantial completion of improvements.
(1) Upon substantial completion of all required appurtenant utility improvements
and connection of same to the public system, the obligor may notify
the Township Committee, in writing and by certified mail addressed
to the Township Clerk, of the completion or substantial completion
of said improvements and shall send a copy thereof to the Township
Engineer. The developer shall simultaneously therewith submit to the
Township Engineer as-built drawings, in ink and on tracing cloth,
to such scale as required by the Township Engineer, accurately showing
the location, profile, size and appurtenances of all storm drains,
catch basins, sanitary sewers and water mains and all utilities, including
service connections, constructed within the subdivision. The developer
shall also submit a certification by an engineer of the placement
and installation of monuments.
(2) The Township Engineer shall then inspect all improvements of which
such notice has been given. The Township Engineer shall file a report,
in writing, with the Township Committee, which report shall be detailed
and shall indicate either approval, partial approval or rejection
of such improvements. If said improvements or any portion thereof
shall not be approved or shall be rejected by the Township Engineer,
said report shall contain a statement of the reasons for such nonapproval
or rejection. The cost of the improvements as approved or rejected
shall be set forth.
(3) The Township Committee shall accept or reject the improvements, grant
partial approval or withhold approval on the basis of applicable engineering
reports and shall notify the developer, in writing, and by certified
mail, of the contents of said reports and the actions of said Township
Committee with relation thereto not later than sixty-five (65) days
after receipt of the notice from the developer of the completion of
the improvements. Where partial approval is granted, the obligor shall
be released from all liability pursuant to its performance guaranty,
except for that portion adequately sufficient to secure provision
of the improvements not yet approved; provided that thirty percent
(30%) of the amount of the performance guarantee posted may be retained
to ensure completion of all improvements.
(4) If the Township Committee fails to send such notification to the
developer within the sixty-five (65) days, the developer may notify
the Township Committee, in writing and by certified mail, with a copy
thereof sent to the Township Engineer. Failure of the Township Committee
to provide the developer with such notification within sixty-five
(65) days shall constitute approval of the improvements. Within sixty-five
(65) days after receipt of this warning notice, the Township Committee
shall send such notification of the contents of the report and its
action with relation thereto to the developer by certified mail. Failure
of the Township Committee to send or provide such notification to
the developer within sixty-five (65) days shall be deemed to constitute
approval of the improvements, and the developer and surety, if any,
shall be released from all liability pursuant to its performance guaranty
for such improvements.
(5) If any portion of said improvements shall not be approved or shall
be rejected by the Township Committee, the developer shall cause the
same to be completed, and, upon completion, the same procedure of
notification as outlined herein shall be followed.
(6) The developer and/or surety shall reimburse the municipality for
all reasonable inspection fees paid to the Township Engineer for the
foregoing inspection of improvements. The Township may require of
the developer a deposit for all or a portion of the reasonably anticipated
fees to be paid to the Township Engineer for such inspection.
(7) Nothing contained herein shall absolve the developer or surety from
latent defects in the construction or installation of the improvements
should the same become ascertainable to the inspections and procedures
as outlined above.
(8) If the developer fails, neglects or refuses to correct deficiencies
as may be discovered by the procedures outlined herein or which may
be found to exist as a result of an inspection of said development,
the municipality is hereby authorized and empowered to correct said
deficiencies after the expiration of a reasonable period of time and/or
upon the failure of the developer or surety to take affirmative steps
to correct such deficiencies; provided, however, that the municipality
shall not be deemed liable, responsible or compellable to proceed
with said corrections or installations.
(9) Nothing contained herein shall affect the obligation of any person
relating to the performance of the obligations hereunder to post a
sufficient maintenance guaranty relative to the required improvements.
(10)
Nothing contained herein, however, shall be construed to limit
the right of the developer to contest by legal proceedings any determination
of the Township Committee or the Township Engineer.
G. Inspection Fees Required. Although a developer will not be required
to provide a performance guarantee for on-site improvements associated
with site plan approval, the developer as a condition of beginning
on-site construction must post inspection fees based upon the cost
of improvements mandated by the Planning Board, on-site and off-site,
but not including fees for inspections which will be undertaken by
persons other than the Township Engineer, such as, but not limited
to, the Township Construction Code Official, Plumbing Subcode Official
or Electrical Subcode Official. Any and all inspection fees required
to be paid for those services shall be paid in accordance with the
provisions of the Uniform Construction Code as incorporated into the
Barnegat Township Code.
[Added 4-6-09 by Ord. No. 2009-10]
A. Upon said certification and action by the Township Committee consistent with the procedures as outlined in §
55-123 above, the developer shall post a maintenance guaranty in the amount of fifteen percent (15%) of the cost of the improvement, said maintenance guaranty to run for a period of two (2) years after final acceptance of the improvement.
B. Nothing herein, however, shall be construed to limit the right of
the developer to contest by legal proceedings any determination of
the Township Committee or the Township Engineer.
C. The developer shall reimburse the municipality for all reasonable
inspection fees paid to the Township Engineer for the foregoing inspection
of improvements.
The developer shall observe the requirements and principals of land subdivision in the design of each subdivision or portion thereof, as set forth in §§
55-126 through
55-126.17.
A. General. All improvements shall be installed in complete accordance
with the standards of this chapter, with other particular specifications
approved by the Board and Township Engineer and with all other applicable
municipal, county and State regulations.
B. Standard Specifications and Standard Construction Details. The Standard
Specifications for Road and Bridge Construction of the New Jersey
Department of Transportation (latest edition), including all addenda,
and the Standard Construction Details of the New Jersey Department
of Transportation (latest revision), as modified, supplemented, amended
or superseded by the requirements of this chapter, by the approval
of final plat, by particular agreement among the Board, Township Committee
and subdivider or by other applicable municipal, county or State regulations,
shall govern the completion of the required improvements. Such Standard
Specifications and Standard Construction Details are made a part of
this chapter by this reference and will not be herein repeated. It
is the responsibility of all subdividers to familiarize themselves
with these standards, copies of which may be examined at the offices
of the Township Clerk and Township Engineer and may be obtained, upon
payment of the cost thereof, from the New Jersey Department of Transportation.
The requirements of this chapter, of an approved final plat or of
particular agreements and conditions of approval and of applicable
municipal, county or State regulations shall govern and prevail in
the case of conflict between them and the Standard Specifications
or Standard Construction Details. Should the Township adopt, subsequent
to the effective date of this chapter, particular and specific standard
construction details for Barnegat Township, they shall govern and
prevail over the Standard Construction Details of the New Jersey Department
of Transportation previously referred to.
Block length, width and acreage shall be sufficient to accommodate
the size lot required in the zoning district and to provide for convenient
access, circulation control and traffic safety. Blocks over one thousand
(1,000) feet long in residential areas shall be discouraged, but,
where they are used, pedestrian crosswalks and/or bikeways between
lots may be required in locations deemed necessary by the approving
authority and shall be at least eight (8) feet wide and shall be straight
from street to street. Blocks over one thousand five hundred (1,500)
feet in residential areas shall be prohibited. For commercial and
industrial uses, block lengths shall be sufficient to meet area and
yard requirements for such uses and to provide proper street access
and circulation patterns.
A. Lot dimensions and area shall not be less than the requirements of
the zoning provisions.
B. Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
C. Each lot must front upon an approved, paved street with a right-of-way
of at least fifty (50) feet, except as otherwise provided herein.
D. Where extra width has either been dedicated or anticipated for widening
of existing streets, zoning considerations shall begin at such new
street line, and all setbacks shall be measured from such line.
E. If two (2) or more contiguous lots are under the same ownership,
regardless of whether or not each may have been approved as portions
of a subdivision, acquired by separate conveyance or by other operation
by law, and one (1) or more of said lots should not conform to the
minimum area and/or dimension requirements for the zone in which it
is located, the contiguous lots shall be considered as a single lot,
and the provisions of this chapter shall hold.
F. Whenever land has been dedicated or conveyed to the Township by the
owner of a lot in order to meet the minimum street width requirements
or to implement the Master Plan, which lot existed at the effective
date of this chapter, the Construction Code Official shall not withhold
a building and/or occupancy permit when the lot depth and/or area
was rendered substandard due to such dedication and where the owner
has no adjacent lands to meet the minimum requirements.
A. All new developments on tidal lagoons, navigable waterways or other
bodies of water, whether such water bodies are either existing or
proposed, shall provide for bulkheading. All new development on nontidal
bodies of water, whether such water bodies are either existing or
proposed, shall provide for bulkheading or other appropriate permanent
bank stabilization acceptable to the Planning Board. In no case shall
bank slopes, bulkheads, ripraps, reventments or other elements of
bank stabilization be located within required minimum yard areas.
B. Bulkheads may be constructed of treated timber, reinforced concrete,
marine alloy steel or other materials in accordance with a detailed
design to be submitted by the developer in each case for approval
by the Board Engineer and such other approval authorities, including
but not limited to the United States Army Corps of Engineers, as may
be necessary. All bulkhead design plans shall be prepared by a licensed
professional engineer in the State of New Jersey.
Concrete curbs shall be installed along every street. The standard
curb section to be used shall be not more than ten (10) feet in length
and shall be set in accordance with approved lines and grades, and
radial curbs shall be formed in an arc segment, in a smooth curve.
Chord segments are prohibited. Concrete curbs shall be eight by six
by eighteen (8 x 6 x 18) inches (six-inch exposed face), using Class
B concrete having a twenty-eight (28) day compressive strength of
four thousand (4,000) pounds per square inch and shall be air-entrained.
At locations specified by the approving authority and at all intersections,
the curbing shall have a barrier-free design to provide a ramp for
bicycles and/or wheelchairs, details for which may be obtained from
the Engineer. In certain instances it may be necessary or desirable
to construct alternate curb types. For example, these may be required
by the Board on the perimeter or channelizing islands or in areas
of unusually heavy gutter drainage flow or may be desired by the subdivider
for decorative purposes or to preserve vegetation, e.g., granite block
curb, rolled concrete curb, etc. If alternate curb types are to be
permitted, an appropriate construction detail shall be submitted for
approval with the preliminary and final plat.
Division 1 - East of Parkway[Amended 2-20-90 by Ord. No. 1990-4; 5-1-00 by Ord. No. 2000-20]
|
Calculations, design systems, assessments and violations and penalties shall be in accordance with the requirement of Chapter 55, Article XXI entitled "Storm Water Management".
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Division 2 - Pinelands - West of Parkway[Amended 2-20-90 by Ord. No. 1990-4; 5-1-00 by Ord. No. 2000-11]
|
Calculations and design systems, assessments and violation and penalties shall be in accordance with the requirement of Chapter 55, Article XXI entitled "Storm Water Management."
|
The purposes of the following floodplain regulations are to
implement the land use rules and regulations promulgated by the New
Jersey Department of Environmental Protection for floodways and the
flood-fringe portion of a flood hazard area; to discourage construction
and regrading in flood hazard areas; to prevent encroachments into
flood hazard areas which would obstruct or constrict the area through
which water must pass; and to prevent pollution of watercourses during
low or high-water periods by preventing the placing or storing of
unsanitary or dangerous substances in the flood hazard areas.
A. The flood hazard design elevation shall be determined on an individual
basis based upon stream encroachment line data from the Division of
Water Resources or, in the absence of that data, the flood elevation
based on a one-hundred (100) year storm frequency. One or the other
shall be delineated on the plat. In addition, the Planning Board Engineer
may, upon receipt of the application and with the consent of the landowner
and at the landowner's expense, determine the precise location of
a floodway and flood-fringe area by close inspection, field survey
or other appropriate method and cause, if requested, the same to be
marked on the ground and on the plat, and said Engineer shall notify
the owner, the New Jersey Department of Environmental Protection Division
of Water Resources and the approving authority. The assistance of
the United States Department of Agriculture Soil Conservation Service,
the United States Corps of Engineers and the New Jersey Department
of Environmental Protection Division of Water Resources may be sought
to aid in delineating the flood hazard design elevation, except that
where State or Federal agencies shall subsequently publish any reports
which delineate the flood design elevation of a watercourse, said
report shall be the officially delineated flood hazard area as if
said report were published in this chapter.
B. Any lot containing a floodway portion of a drainage course and on
which it is proposed to regrade and/or construct an improvement shall
not be permitted unless the proposed use is permitted by this chapter,
plat approval has been granted and a floodway permit has been issued
by the New Jersey Department of Environmental Protection Division
of Water Resources where required by State regulations.
C. Any lot containing a flood-fringe portion of the flood hazard area
and on which it is proposed to regrade and/or construct an improvement
shall not be permitted unless the proposed use is permitted by this
chapter and until plat approval has been granted.
D. The procedure for reviewing any proposed regrading and/or construction
shall be the same as set for plat review. No application shall be
approved and no permit granted until all zoning violations have either
been corrected or a variance granted.
E. Regulation of the flood-fringe portion of the flood hazard area shall
be consistent in the approving authority's determination with the
criteria and standards promulgated by the New Jersey Department of
Environmental Protection governing the flood-fringe area.
F. The applicant shall submit maps, reports and other appropriate documents
permitting the approving authority to evaluate whether the proposal
has an inherent low flood damage potential; does not obstruct flood
flows or increase flood heights and/or velocities; does not adversely
affect the water-carrying capacity of any delineated floodway and/or
channel; does not increase local runoff and erosion; does not unduly
stress the natural environment of the floodplain or degrade the quality
of surface water or the quality and quantity of groundwaters; does
not require fill or the erection of structures; and does not include
the storage of equipment and materials.
G. Where a development is traversed by a watercourse, surface or underground
drainageway or drainage system, channel or stream, there shall be
provided and dedicated a drainage right-of-way easement to the municipality
conforming substantially to the lines of such watercourse and such
further width or construction, or both, as will be adequate to accommodate
expected stormwater runoff in the future based upon reasonable growth
potential in the municipality. The minimum width of easement for channel
sections shall be the maximum design top width of the channel section
segment plus twenty (20) feet, rounded to the next highest five (5)
foot increment. However, if the floodway is not ascertainable for
a stream or open channel, the width of drainage easement shall extend
fifty (50) feet beyond the top of the bank on both sides of the drainage
course.
A. Easements along rear property lines or elsewhere for utility installation
may be required, but are discouraged. Such easements shall be at least
twenty (20) feet wide for one (1) utility and five (5) additional
feet for each additional utility and shall be located in consultation
with the companies, municipal departments concerned or other jurisdictional
agencies and, to the fullest extent possible, shall be centered on
or adjacent to rear or side lot lines.
B. Floodplain and conservation easements shall be indicated on the preliminary
and final plats and shown in such a manner that their boundaries can
be accurately determined.
C. The removal of trees and ground cover shall be prohibited in a conservation
easement or floodplain except for the following purposes: the removal
of dead or diseased trees; limited thinning of trees and growth to
encourage the most desirable growth; the removal of trees to allow
for structures designed to impound water or in areas to be flooded
for the creation of ponds or lakes; or as an approved conservation
plan by the Soil Conservation District.
D. Such easement dedication shall be expressed on the plat as follows:
type of easement granted to the Township of Barnegat and the appropriate
agency.
Monuments shall be of the size and shape required by N.J.S.A.
46:23-9.12, the Map Filing Law, as amended, and shall be placed in
accordance with said statute and indicated on the final map.
[Amended 10-5-98 by Ord. No. 1998-20 § 6; Ord. No. 1998-21 § 6]
Division I - East and West of Parkway
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A. In each subdivision of land, the developer shall plant, along both
sides of said streets, proper shade and/or decorative trees at a maximum
distance of fifty (50) feet between trees. The minimum distance between
such trees planted shall be forty (40) feet. Planting sites shall
be indicated on the final plat. Such planting shall not be required
within sight easements as required elsewhere herein.
B. All trees planted in accordance with the provisions of this chapter
shall be placed in a proper manner and in a good grade of topsoil
and within the area of the tree well at the point where the tree is
planted. In the event that any individual person or group of individual
persons desire to plant a tree or trees in a tree well or within the
jurisdiction of the Township Shade Tree Commission, such person or
persons may do so, provided that they conform to the provisions of
this chapter.
C. All shade trees to be hereafter planted in accordance with this chapter
shall be nursery grown or substantially uniform size and shape and
shall have straight trunks. Ornamental trees need not have straight
trunks but must conform in other respects to the provisions for trees
and tree plantings outlined in this chapter.
D. All trees planted pursuant to this chapter shall be planted in a
dormant state. The average trunk diameter measured at the height of
one (1) foot above the finished grade level, shall be a minimum of
two (2) inches, depending on good practice with a reference to the
particular species to be planted.
E. Subsequent or replacement plants shall conform to the type of existing
tree in a given area, provided that if any deviation is anticipated,
it must be done only with the permission of the Township Shade Tree
Commission. In a newly planted area, only one (1) type of tree may
be used on a given street, unless otherwise specified by the Township
Shade Tree Commission.
Division 2 - East of Parkway Only
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F. The Barnegat Township Shade Tree Commission shall maintain, and update
as necessary, lists of tree species that will be appropriate for planting
in development projects, whether in areas adjacent to rivers, bays
and lagoons; upland areas; waterfront property and property in the
vicinity of large bodies of water; or, on outer beaches, both oceanfront
and bayfront. The Shade Tree Commission will provide developers, or
any interested party, with current lists upon request.
Division 3 - Pinelands - West of Parkway
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G. In areas adjacent to rivers, bays and lagoons, plantings shall be
one (1) of the following kinds of trees, the maximum size and characteristics
of which follow:
(1)
Honey locust (Gleditsia triacanthos inermis): sixty (60) to
seventy (70) feet high; fragrant white flowers late in spring; grows
well in poor soil; resists salt spray.
(2)
Oriental plane (Platanus orientalis): seventy (70) to eighty
(80) feet tall; rapid growing shade tree; pyramid shaped top.
(3)
Willow (Salix babylonica): forty (40) to fifty (50) feet high;
its long pendulous branches grow rapidly, especially when close to
water.
(4)
Canoe birch (Betula papyrifera): fifty (50) to sixty (60) feet
tall; stately with gray white bark; fast growing.
(5)
European white birch (Betula alba pendula): forty (40) to fifty
(50) feet high; graceful lacy leaves and drooping branches.
(6)
Japanese cherry (Prunus quanzan): thirty (30) to forty (40)
feet high; large double deep pink pendulus flowers clustering among
the leaves in May; vase form.
(7)
Hawthorn (Crataegus): twelve (12) to fifteen (15) feet high;
produces a mass of scarlet double flowers in June and colorful red
fruit in winter.
H. In the upland, which is away from rivers, bays and lagoons and not
adjacent to large bodies of water, plantings shall be one (1) of the
following kinds of trees, the maximum size and characteristics of
which follow:
(1)
Pin oak (Quercus palustris): seventy-five (75) to ninety (90)
feet high; shiny foliage; long lived; turns scarlet in the fall; broad
pyramid shape.
(2)
Norway maple (Acer platanoides): sixty (60) to seventy (70)
feet high; leaves turn yellow in fall; globe-shaped top.
(3)
Honey locust (Gleditsia triacanthos inermis): sixty (60) to
seventy (70) feet high; fragrant white flowers; grows well in gravel
or sandy soil; broad spreading top.
(4)
Crabapple (Malus): twelve (12) to fifteen (15) feet high; pink
or red flowers; broad umbrella top; usually as wide as high; a good
park tree.
(5)
European mountain ash (Sorbus aucuparia): twenty-five (25) to
thirty (30) feet high; great clusters of orange scarlet berries; upright
oval shape.
(6)
Dogwood (Cornus florida, white) and (Florida Rubra, pink): twenty-five
(25) to thirty (30) feet high; pink or white flowers in early spring;
red berries and rich red foliage in fall.
(7)
European white birch (Betula alba pendula): forty (40) to fifty
(50) feet high; lace-like leaves; paper white bark; tall column.
I. In the waterfront property and property in the vicinity of large
bodies of water not covered by the above, plantings shall be one (1)
of the following kinds of trees, the maximum size and characteristics
of which follows:
(1)
Bolleana poplar (Populus boleana): seventy-five (75) to ninety
(90) feet tall; grows stately; salt resistant.
(2)
Carolina poplar (Populus eugenei): seventy-five (75) to ninety
(90) feet tall; exceedingly rapid-growing shade tree; thrives in dry
conditions.
(3)
Oriental plane (Platanus orientalis): seventy-five (75) to ninety
(90) feet tall; rapid-growing shade tree of pyramid habit.
(4)
African Tamarix (Tamarix africana): twelve (12) to fifteen (15)
feet tall; drooping panicles of attractive pink flowers in spring
and feathery gray foliage.
(5)
Smoke tree (Rhus Cotinus): twelve (12) to fifteen (15) feet
tall; carries great mass of filmy purple flowers in July.
(6)
Almey crab: twelve (12) to fifteen (15) feet tall; fiery crimson
flowers; very hardy; maroon-colored fruit of spreading habit.
(7)
Hopa crab: twelve (12) to fifteen (15) feet tall; rosy red flowers;
red fruit; attractive purple foliage; upright vase-shaped growth.
(8)
Bechtal crab: twelve (12) to eighteen (18) feet tall; with large
double fragrant pink flowers which resemble small roses in early May;
upright growth.
J. On outer beaches, both oceanfront and bay front: Japanese pine (Pinus
thundergii), thirty (30) to forty (40) feet tall.
Sidewalks shall be required along both sides of each street.
Sidewalks shall be at least four (4) inches thick, of Class C concrete
having a twenty-eight (28) day compressive strength of three thousand
five hundred (3,500) pounds per square inch, except at points of vehicular
crossing where they shall be at least six (6) inches thick, of Class
B concrete having a twenty-eight (28) day compressive strength of
four thousand (4,000) pounds per square inch and shall be air-entrained.
Such driveway areas shall be reinforced with six by six (6 x 6) 10/10
welded wire mesh.
Sight triangles shall be required at each quadrant of an intersection
of streets, and streets and driveways. The area within sight triangles
shall be either dedicated to the Township and maintained as part of
the lot adjoining the street and set aside on any subdivision or site
plan as a sight triangle easement. Within a sight triangle, no grading,
planting or structure shall be erected or maintained no more than
thirty (30) inches above the center-line grade of each intersection
street or driveway, excluding utility poles, street name signs and
official traffic regulation signs. Where any street or driveway intersection
involves earth banks or vegetation, including trees, the developer
shall trim such vegetation and trees as well as establish proper excavation
and grading to provide the sight triangle. The sight triangle is that
area bounded by the intersecting street lines and a straight line
which connects sight points located on each of the two (2) intersecting
center-line street lines the following distances away from the intersecting
street lines; arterial streets at three hundred (300) feet; collector
streets at two hundred (200) feet; and primary and secondary and local
streets at ninety (90) feet. The classification of existing and proposed
streets shall be those shown on the adopted Master Plan or as designated
by the Planning Board at the time of the application for approval
for a new street not included on the Master Plan. A sight triangle
easement dedication shall be expressed on the plat as follows: "Sight
triangle easement subject to grading, planting and construction restrictions
as provided for in the Township Development Review Ordinance." Portions
of a lot set aside for the sight triangle may be calculated in determining
the lot area and may be included in establishing the minimum setbacks
required by the zoning provisions.
[Amended 10-5-1987 by Ord. No. 1987-30]
All site plans and major subdivisions shall incorporate soil
erosion and sediment control programs phased according to the scheduled
progress of the development, including anticipated starting and completion
dates. The purpose is to control soil erosion and sediment damages
and related environmental damage by requiring adequate provisions
for surface water retention and drainage and for the protection of
exposed soil surfaces in order to promote the safety, public health,
convenience and general welfare of the community.
A. No building permit shall be issued for any development application
until all provisions of the State of New Jersey Soil Erosion and Sediment
Control Act, P.L. 1975, c. 251, have been satisfied or waived.
B. Development applicants shall submit to the approving authority and
Board Engineer copies and documentation of the approval and certification
of the soil erosion and sediment control plan by the Ocean County
Soil Conservation District or proof of waiver of same.
C. The disturbed areas surrounding all proposed residential dwellings
shall be stabilized by sodding. Other suitable methods of stabilization
may be used subject to approval by the Township Engineer. Prior to
replacing any sod, the existing ground shall be prepared in accordance
with the provisions of Section 810 - SODDING in the N.J.D.O.T. Standard
Specifications for Road and Bridge Construction. The use of seeding
or hydroseeding will not be accepted
[Amended 4-6-91 by Ord. No. 1991-17; 5-17-93 by Ord. No. 1993-13 and Ord. No. 1993-14]
The arrangement of streets shall provide for the extension and
realignment, as appropriate, of existing collector and primary streets.
The arrangement of streets shall provide for the extension of an existing
minor street only when such extension is judged necessary by the Board
to promote safety and when it conforms to the minor street design
standards.
A. Design of Minor Streets. Minor streets in residential subdivisions
shall be laid out so that there is no possibility of their use by
traffic having neither origin or destination at the lots to which
they provide access and shall conform to the standards of this chapter.
(1)
Culs-de-sac (dead-end streets) may be used where necessary but
should not have center-line length, from intersecting street center
line to center point of cul-de-sac, less than one hundred (100) feet
nor longer than one thousand two hundred (1,200) feet and should not
provide access to more than twenty-five (25) lots.
(2)
When their use is possible, short loop streets are preferred
to culs-de-sac. Short loop streets should provide access to no more
than forty-five (45) lots, except that where access is provided by
a combination of a short loop street and culs-de-sac, the maximum
shall be sixty (60) lots, provided that the length of the loop street
alone will not exceed three thousand (3,000) feet. Loop streets shall
have both of their termini located on the same major street to be
so classified.
B. Classification of Streets. In any major subdivision, it shall be
the duty of the Board to classify proposed streets according to their
types. The Board, in making its decision, shall refer to the Master
Plan and shall consider conditions within the subdivision and surrounding
area.
C. Right-of-way and Paving Widths and Street Detail. Right-of-way widths,
measured from lot line to lot line, graded widths and paving widths
and other items shall be not less than the following unless otherwise
indicated on the Master Plan or the Official Map. (Note: All dimensions
are in feet unless otherwise noted.)
Street Classification
|
---|
Requirement
|
Minor
(Residential)
|
Neighborhood Collector
|
Primary Collector
|
---|
Right-of-way (row) width
|
50
|
60
|
80
|
Paving widths, two-way
|
30
|
40
|
401
|
Curb radii at intersections
|
25
|
35
|
35
|
Tangents between reverse curves (minimum)
|
100
|
200
|
300
|
Horizontal center-line radius
|
150
|
500
|
1,000
|
Maximum center-line grades
|
10%
|
8%
|
6%
|
Minimum center-line grades
|
1/2%
|
1/2%
|
1/2%
|
Maximum grades at intersection, 3% for distance from center
line of intersection
|
100
|
150
|
150
|
Turnaround at end of cul-de-sac:
|
|
|
|
Radius of right-of- way
|
50
|
|
|
Radius of paving
|
40
|
|
|
Curb face required (inches)
|
6
|
6
|
8
|
Pavement crown (inches)
|
4
|
5
|
5
|
Sidewalks:
|
|
|
|
Width
|
4
|
4
|
4
|
Setback (from curb face)
|
5
|
5
|
5
|
Notes:
1 As designated by Planning Board
or indicated on the Master Plan.
D. All changes in grade where the difference in grade is greater than
one percent (1%) shall be connected by a vertical curve having a length
of at least sixty (60) feet for each two percent (2%) difference in
grade or portion thereof and providing minimum sight distances of
two hundred (200) feet for a local street and three hundred (300)
feet for a collector street and shall be designed with as flat a grade
as practical with the advice of the Board Engineer.
E. Where dead-end streets (culs-de-sac) are utilized they shall conform
to the following standards:
(1)
Dead-end streets of a permanent nature (where provision for
the future extension of the street to the boundary of the adjoining
property is impractical or impossible) or of a temporary nature (where
provision is made for the future extension of the street to the boundary
line of adjoining property) shall provide a turnaround at the end
with a right-of-way radius of not less than fifty (50) feet and a
cartway radius of not less than forty (40) feet. The center point
of the radius shall be on the center line of the associated street
or, if offset, to a point where the cartway radius also becomes a
tangent to one (1) of the curblines of the associated street. If the
cul-de-sac is offset, the tangent shall be on the right side of the
street wherever possible for approaching vehicles.
(2)
If a dead-end street is of a temporary nature, provisions shall
be made for removal of the turnaround and reversion of the excess
right-of-way to the adjoining properties as off-tract responsibility
of the developer creating the street extension when the street is
extended.
F. No street shall have a name which will duplicate or so nearly duplicate
in spelling or phonetic sound the names of existing streets so as
to be confusing therewith. The continuation of an existing street
shall have the same name. The name of new streets must be approved
by the approving authority.
G. Curved streets are preferred to discourage speed and monotony. The
maximum straight-line distance shall not exceed one thousand (1,000)
feet.
H. Nonresidential Streets. The widths of internal streets in business
or industrial development designed as a whole in accordance with a
comprehensive site plan shall be determined by the Board in each case
in the light of the circumstances of the particular situation and
with a view to assuring the maximum safety and convenience of access
for traffic and fire-fighting equipment, circulation and parking,
including provisions for the lading and unloading of goods and, in
general, shall conform to collector street design standards.
I. Subdivisions on Existing Streets. Subdivision that adjoin or include
existing streets which do not conform to the widths as shown on the
Master Plan, the Official Map or the street width requirements of
this chapter shall dedicate the required additional width along either
one (1) or both sides of such street as the Board may deem necessary.
J. Street Intersections. Street intersections shall be designed according
to the following standards:
(1)
No more than two (2) streets shall cross the same point.
(2)
Street intersections shall be at right angles wherever possible,
and intersections of less than seventy degrees (70°), measured
at the center line of streets, shall not be permitted.
K. Approaches to all intersections shall follow a straight line for
at least one hundred (100) feet measured from the intersecting street
center line to the beginning of the curve. Streets intersecting another
street from opposite sides shall have at least two hundred (200) feet
between the two (2) street center lines. Any development abutting
an existing street which is classified as a collector street shall
be permitted not more than one (1) new street every eight hundred
(800) feet on the same side of the street within the boundaries of
the tract being subdivided. In the spacing of streets, consideration
will be given to the location of existing intersections on both sides
of the development.
L. Sight triangles shall be provided as required in this chapter.
M. No development showing reserve strips controlling access to streets
or another area, either developed or undeveloped, shall be approved
except where the control and disposal of land comprising such strips
have been given to the governing body.
N. Streets shall be constructed in according with the following standards
and in accordance with The Standard Specifications for Road and Bridge
Construction of the New Jersey Department of Transportation as herein
defined:
(1)
Local and minor streets:
(a)
Six (6) inches of Type 2, Class A or B road gravel.
(b)
Three (3) inches of bituminous stabilized base course.
(c)
One and one-half (1 1/2) inches of FABC-1 surface course.
(2)
Collector streets:
(a)
Eight (8) inches of Type 2, Class B road gravel or equivalent.
(b)
Four (4) inches of bituminous stabilized base course.
(c)
Two (2) inches of FABC-1 surface course.
O. Street signs shall be enameled metal of the size and color equal
and similar to the type now in use by Barnegat Township. They shall
be erected on galvanized-steel posts and stabilizing pins and set
in Class C concrete in a workmanlike manner. At street intersections,
one (1) post shall carry two (2) signs at right angles to denote the
name of each street. Posts shall be ten (10) feet overall, with three
(3) feet in the ground, surrounded with concrete.
P. Street and road excavation shall include the work of clearing and
grubbing within the limits of the right-of-way and outside thereof,
within slope areas to be graded or otherwise prescribed. The ground
surface shall be cleared of trees, brush, weeds, roots, matted leaves,
debris and other unsuitable matter before street and roadway subgrade
operations are commenced. Trees which do not interfere with the operations
shall not be removed but shall be protected during the progress of
the work. Branches of trees overhanging the traveled way shall be
cut off to a height of fourteen (14) feet above it, and cuts made
more than one (1) inch in diameter shall be painted. Tree stumps shall
be grubbed out within the areas to be graded where the subgrade will
be less than three and one-half (3 1/2) feet above the ground
surface.
Q. Streetlights shall be of a type approved by resolution of the Township
Committee and by the electric utility company serving the proposed
subdivision and shall be located so as to provide a minimum lighting
level of five-tenths (0.5) horizontal footcandle on all local and
minor collector streets and one and zero-tenths (1.0) horizontal footcandle
on all collector major thoroughfare and major arterial streets. The
subdivider shall pay the full cost for initial installation of any
street lights. After final acceptance, operation and maintenance costs
shall be the responsibility of the Township.
A. Materials accumulated by clearing, grubbing and excavation as above
described, shall be disposed of by the developer in a manner satisfactory
to the Engineer, except that materials suitable for embankment shall
be used for that purpose, if needed therefor. Burying of the above
materials will not be permitted in any case.
B. At the time of the tender of a plan for final approval for subdivision
of real estate in this municipality, an estimate shall be made, for
and on behalf of the municipality, by the Township Engineer, as to
the cost of removal of the development debris from the development.
Before final approval of the plan, such estimate furnished by the
Township Engineer shall be included in the guaranty to be furnished
by the developer.
C. The Township Code Enforcement Officer shall keep a constant check
on debris from subdivision of land and construction of buildings and
shall not permit accumulations in any real estate development. In
the event that there are any substantial accumulations of such debris
in any development, the Building Inspector shall forthwith give written
notice to the developer to remove such debris from the real estate
development. In the event that such debris is not promptly removed,
the Building Inspector is hereby authorized and directed to refrain
from giving certificates of occupancy for building permits until the
debris is cleared up and removed.
D. Wherever the subgrade is established to be coincident with the existing
ground surface, the vegetation and underlying topsoil of the existing
ground surface within excavation and embankment areas shall be stripped
off to a depth of not less than four (4) inches and not more than
six (6) inches. Street and roadway excavation shall be carried out
so that the subgrade throughout the work is kept properly drained.
E. Excavated materials shall be placed in embankment when suitable therefor
or shall be used for backfill or other purposes. Material in excess
of that required shall be disposed of by the developer, contractor
or subcontractor.
F. Borrow excavation for road construction shall include the furnishing,
transporting, placing and consolidating of materials required for
embankment in excess of that obtained from other excavation and other
incidental work. All borrow excavations shall be suitable for embankment
and approved by the Township Engineer.
A. Where water and sanitary sewers are accessible from a servicing utility,
the developer shall arrange for the construction of the utilities
in such a manner as to make adequate service available to each lot,
dwelling unit or use within the development. The entire system shall
be designed in accordance with the jurisdictional utility and State
agency having approval authority and shall be subject to their approval.
The system shall also be designed with adequate capacity and sustained
pressure for present and proposed development.
B. Where public water or sanitary sewers are not available, potable
water supply shall be provided to each lot on an individual well basis,
and sanitary disposal shall be provided to each lot on an individual
septic system basis. Such wells and septics shall be designed in accordance
with the requirements and standards of the Barnegat Township Board
of Health and/or State agency having jurisdiction. Where water distribution
systems are installed outside streets, easements or rights-of-way
shall be required in accordance with this chapter.
A. All utility lines and necessary appurtenances, including but not
limited to electric transmission and electric, gas and water distribution,
communications, street lighting and cable television, shall be installed
underground within easements or dedicated public rights-of-way. The
subdivider shall arrange with the serving utilities for the underground
installation of the utilities' supply lines and service connections,
in accordance with the provisions of the applicable standard terms
and conditions of its tariff as the same are then on file with the
State of New Jersey Board of Public Utility Commissions and shall
submit to the Board prior to the granting of approval a written instrument
from each serving utility which shall evidence full compliance with
the provisions of this section; provided, however, that lots in subdivisions
which abut existing easements or public rights-of-way where overhead
utility lines have theretofore been installed may be supplied with
service from such overhead lines if no new utility poles are required.
In any event, all new building service connections shall be installed
underground unless specific waiver is granted by the Board.
B. Wherever the utility is not installed in the public right-of-way,
an appropriate utility easement not less than twenty (20) feet in
width shall be provided.
C. Fire hydrants.
(1)
A certificate of occupancy shall not be issued for any residential
structure located in an area serviced by a public or private water
company unless the distance from the midpoint of the frontage of such
premises to a functioning fire hydrant, which has been tested and
approved, as measured down the center line of connecting public streets,
is four hundred (400) feet or less.
(2)
Final subdivision plats shall not be approved by the Board unless
fire hydrants are indicated on the final plat in accordance with the
requirements herein contained as to location of and distances between
fire hydrants.
All lots, open spaces and planting areas shall be graded to
secure proper drainage and to prevent the collection of stormwater.
Said grading shall be performed in a manner which will minimize the
damage to or destruction of trees growing on the land. Topsoil shall
be provided and/or redistributed on the surface as cover and shall
be stabilized by seeding or planting. Grading plans shall have been
submitted with the preliminary and final plats, and any departure
from these plans must be approved in accordance with the requirements
of this chapter for modification of improvements.
A. Wherever possible, the land shall be graded so that the stormwater
from each lot shall drain directly to the street. If impossible to
drain directly to the street, it shall be drained to a system of interior
yard drainage designed in accordance with this chapter.
B. Unless otherwise required by this chapter, all tree stumps, masonry
and other obstructions shall be removed to a depth of two (2) feet
below existing or finished grade, whichever is lower.
C. The minimum slope for lawns shall be three-fourths percent (3/4%),
and for smooth hard-finished surfaces other than roadways the minimum
slope shall be four-tenths percent (4/10%).
D. The maximum grade for lawns within five (5) feet of a building shall
be ten percent (10%), and for lawns, ore than five (5) feet from a
building, the maximum grade shall be twenty-five percent (25%), except
that for the front yard area the maximum grade shall be fifteen percent
(15%).
E. Retaining walls installed in slope control areas shall be constructed
of heavy creosoted timber or logs of reinforced concrete, other reinforced
masonry or other construction acceptable to the Board Engineer and
adequately designed and detailed on the final plat to carry all earth
pressures, including any surcharges. The heights of retaining walls
shall not exceed one-third (1/3) of the horizontal distance from the
foundation wall of any building to the face of the retaining wall.
F. The subdivider shall take all necessary precautions to prevent any
siltation of streams during the construction of the subdivision. The
subdivider shall provide adequate provisions to prevent all deposition
of silt or other eroded material in any stream or watercourse. Such
provisions may include but are not limited to construction and maintenance
of siltation basins or holding ponds and diversion berms throughout
the course of construction and planting areas.
G. All lots, open space and planting areas shall be seeded with a suitable
stabilizing ground cover approved by the Township Engineer. On any
waterfront lots or open spaces, the Board may allow a suitable stabilizing
ground cover other than seeding if approved by the Township Engineer.
H. No topsoil shall be removed from the site or used as spoil. Topsoil
moved during the course of construction shall be redistributed so
as to provide at least four (4) inches of spread cover to all seeding
and planting areas of the subdivision and shall be stabilized by seeding
or planting. In the event that the quantity of topsoil at the site
is insufficient to provide four (4) inches of cover for all seeding
and planting areas, the developer shall provide and distribute a sufficient
quantity of topsoil to provide such a cover. Topsoil shall be approved
by the Township Engineer.
I. This section shall be applicable to all subdivisions, site plans
and all individual dwelling unit(s) site disturbances.
Prior to the granting of final approval of any subdivision or cluster development and prior to the issuance of any building permits for any land use, including land uses which require site plan approval pursuant to this chapter, and any residence or other use of property on an unimproved street or where any off-tract improvements have not then been installed, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the development but necessitated or required by construction or improvements within the development. All payments shall be in the manner provided in §
55-130 below, it being the intent of this section that the developer bear that portion of the cost which bears a rational nexus between the needs created by the development and/or the benefits conferred upon such development.
Off-site and off-tract improvements shall include the following:
A. All improvements of the types described in §
55-119 of this chapter for on-site installation, where the need for the providing of such improvements off-site or off-tract is, in whole or in part, made necessary by the proposed development application of the developer and where the making of such improvements will confer a benefit upon the developer's lands which are the subject of the development application.
B. Any improvement of facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the lands which are the subject of the development application and the installation of which would confer a benefit upon the developer's lands which are the subject of the development application. In addition to improvements of the type described in §
55-110 and referred to in paragraph A above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary to the public interest.
C. The installation of new or the extension or modification of existing
improvements made necessary in whole or in part by the development
application which will be benefited by the improvement.
A. Consistent with the provisions of this chapter, the Township Committee,
with the assistance of the municipal agency and other appropriate
Township departments, shall, prior to the imposition of any conditions
on a development application, determine whether the off-site or off-tract
improvement is to be constructed by the Township as a general improvement
or as a local improvement or whether such development is to be constructed
by the developer with a formula providing for partial reimbursement
if the improvement specially benefits properties other than those
of the developer.
B. Once the foregoing determination has been made, the municipal agency
shall estimate, with the aid of the Township Engineer and such other
persons having pertinent information or expertise, the cost of the
improvement and the amount by which all properties to be serviced
thereby, including the developer's property, will be specially benefited
therefrom.
C. Following the aforesaid determinations by the municipal agency, the
developer may be required to provide, as condition for approval, a
bond or cash deposit to ensure payment to the Township of one (1)
of the following amounts:
(1) If the improvement is to be constructed by the Township as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount by which all
properties to be serviced thereby, including the developer's property,
will be specially benefited by the improvement.
(2) If the improvement is to be constructed by the Township as a local
improvement, then in addition to the amount referred to in paragraph
C(1), the estimated amount by which the developer's property will
be specially benefited by the improvement.
(3) If the improvement is to be constructed by the developer, an amount
equal to the estimated cost of the improvement.
D. The amounts of money required pursuant to this section shall be estimated
sums, and such amounts shall be predetermined by the Township following
the completion of the improvement to ensure that the developer shall
pay only his appropriate share of the cost thereof.
E. Should a developer pay under protect the amount which has been determined
as his pro rata share, legal action shall be instituted within one
(1) year of such payment in order to preserve the right to a judicial
determination as to the fairness and reasonableness of such amount.
A. The Township shall assess all properties, other than the property
of the developer, specially benefiting from installation of any off-site
or off-tract improvements based upon the actual cost thereof, pursuant
to the provisions of the Revised Statutes of New Jersey. However,
principal amounts received by the Township from such assessments,
together with interest from property owners who have elected to pay
for said assessments over a period of years, shall, in the case where
the developer is the installer of the off-site or off-tract improvements,
be credited to the real estate account of the applicant's property.
In the case where there has been an apportionment of cost against
the Township for the required off-site or off-tract improvements and
the developer is the installer of the off-site or off-tract improvements,
then the Township shall pay its portion of cost to the developer not
more than three (3) months after the completed installations have
been approved by the Township Engineer.
B. In the event of any default in payment of an assessment levied by
the Township pursuant to paragraph A above, then the Township shall
exercise its remedies elsewhere provided, and if thereafter the balance
of principal and interest due upon the subject assessment has not
been fully satisfied by payment to the Township and credit thereof
given to the real estate account of the developer's property, then
the Township shall forthwith pay said balance to the developer or
his then successor in interest.
In the event that the developer shall not be required to install
off-site or off-tract improvements by virtue of the provisions of
this chapter, then and in that event there shall be paid to the Township
Treasurer the amount of the developer's share of the finally determined
cost of the off-site or off-tract improvement. All moneys received
by the Township in accordance with the provisions of this section
shall be deposited in an interest-bearing account, and such funds
shall be used only for the improvements for which they are deposited
or improvements serving the same purpose. If the improvements are
not initiated within a period of fifteen (15) years from the date
of payment or other mutually agreeable period of time, all deposited
funds shall be returned to the developer, together with accumulated
interest.
The sales office of all major subdivisions consisting of ten
(10) or more lots, as shown on the developer's preliminary plats,
shall display, at all times within the development sales office or
a model home located on the premises, the following maps. Each map
shall clearly show and delineate the location of the developer's subdivision.
A. The approved preliminary plat of said subdivision.
B. The approved final plat of said subdivision.
The rules, regulations and standards contained in this article
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the citizens of the Township.
Any action taken by the municipal agency under the terms of this article
shall give primary consideration to the above-mentioned matters and
to the welfare of the entire community. However, if the developer
or his agent can clearly demonstrate that, because of peculiar conditions
pertaining to his land, the literal enforcement of one (1) or more
of these regulations is impracticable or will exact undue hardship,
the municipal agency may permit such variations or modifications as
may be reasonable and within the general purpose and intent of the
rules, regulations and standards established by this chapter.
[Added 12-19-88 by Ord. No. 1988-41; Amended 4-2-90 by Ord. No. 1990-11; 9-11-95 by Ord. No. 1995-41; Ord. No. 1995-42, § 2;
6-2-97 by Ord. No. 1997-14, § 2;
8-4-97 by Ord. No. 1997-16 § 2
and Ord. No. 1997-15]
A. An applicant for a subdivision within Barnegat Township shall be
responsible for the payment of all costs associated with the revisions
of the Township Tax Maps in regard to such subdivision.
B. The developer shall pay at the time of filing an application with
the Planning and Zoning Office the following fees to the Township
of Barnegat to pay for the costs incurred in amending and maintaining
the Barnegat Tax Map.
[Amended 7-5-05 by Ord. No. 2005-41]
(1) Minor Subdivision of up to four (4) lots; six hundred ($600.00) dollars.
[Amended 8-2-04 by Ord. No. 2004-39]
(2) Major Subdivision:
(a)
Up to six (6) lots: eight hundred ($800.00) dollars.
(b)
Seven (7) to twelve (12) lots: one thousand two hundred ($1,200.00)
dollars.
(c)
Thirteen (13) to nineteen (19) lots: two thousand ($2,000.00)
dollars.
(d)
Twenty plus (20+) lots: two thousand four hundred ($2,400.00)
dollars, plus twenty ($20.00) dollars per lot.
(3) Commercial site plan: eight hundred ($800.00) dollars
(4) Residential condominium project: one thousand ($1,000.00) dollars
plus twenty ($20.00) dollars per unit.
C. In the event that any application for development is denied and the
application is no longer pending before the respective Board, then
any portion of the aforementioned fee which has not been expended
by the engineer responsible for maintaining the Tax Map shall be refunded
to the applicant.
[Added 11-1-2022 by Ord. No. 2022-21]
A. Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
(1) Provide adequate and convenient EVSE and make-ready parking spaces
to serve the needs of the traveling public.
(2) Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
(3) Provide the opportunity for nonresidential uses to supply EVSE to
their customers and employees.
(4) Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B. Definitions.
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
(1)
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
(2)
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240
volt AC circuit.
(3)
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
MAKE-READY PARKING SPACE
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make-ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
al.).
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
non-reserved parking in multifamily parking lots, etc.).
C. Approvals and permits.
(1) An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(2) EVSE and make-ready parking spaces installed pursuant to Subsection
D. below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection
C(1) above.
(3) All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4) The Zoning Officer shall enforce all signage and installation requirements
described in this ordinance. Failure to meet the requirements in this
section shall be subject to the same enforcement and penalty provisions
as other violations of Barnegat Township's land use regulations.
(5) An application for development for the installation of EVSE or make-ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met;
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations; and
(d)
Within the Pinelands Area, the proposed installation complies
with the minimum environmental standards of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-6.1 et seq.).
(6) An application pursuant to Subsection
C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Code
Enforcement Officer within 20 days after filing of the application
detailing all deficiencies in the application and identifying any
additional information explicitly necessary to complete a review of
the permit application.
(d)
In the Pinelands Area, an application pursuant to Subsection
C(5) above shall also require the submission of a Certificate of Filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of §
55-276B(7) of the Code of Barnegat Township.
(7) Upon deeming an application complete pursuant to Subsection
C(6) above, the zoning officer shall issue a zoning permit in accordance with §
55-210A of the Code of Barnegat Township, and the following:
(a)
In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of §
55-277A through
C and
E have been met, unless the proposed development meets the criteria of §
55-276B(7) of the Code of Barnegat Township.
(8) EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(9) A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D. Requirements for new installation of EVSE and make-ready parking
spaces.
(1) As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces; and
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces; and
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities; and
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(2) As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection
D(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as Make-Ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
E. Minimum parking requirements.
(1) All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter
55, Article
VII of the municipal code.
(2) A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3) All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
(4) Additional installation of EVSE and make-ready parking spaces above what is required in Subsection
D above may be encouraged but shall not be required in development projects.
F. Reasonable standards for all new EVSE and make-ready parking spaces.
(1) Location and layout of EVSE and make-ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
(2) Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3) EVSE parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to NJSA 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space, or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of the municipal code. Signage indicating the penalties for violations shall comply with Subsection
F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4) Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection
F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Barnegat Township's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Non-mountable curbing
may be used in lieu of bollards if the EVSE is setback a minimum of
24 inches from the face of the curb. Any standalone EVSE bollards
should be three feet to four feet high with concrete footings placed
to protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection
F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
Barnegat Township shall require the owners/designee of publicly accessible
EVSE to provide information on the EVSE's geographic location, date
of installation, equipment type and model, and owner contact information.
(5) Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs, including parking restrictions shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, or exit and shall comply with (b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1]
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
(6) Usage fees.
(a)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.