Township of Barnegat, NJ Article V Subdivision Regulations

§ 55-100 PURPOSE.

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.

§ 55-101 SKETCH PLAT PROCEDURE.

[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.

§ 55-102 ACTION WITH RESPECT TO MINOR SUBDIVISION.

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.

§ 55-103 RIGHTS CONFERRED BY MINOR SUBDIVISION.

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.

§ 55-104 FILING OF MINOR SUBDIVISION DEED AND PLAT.

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.

§ 55-105 ACTION WITH RESPECT TO MAJOR SUBDIVISION.

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.

§ 55-106 PRELIMINARY PLAT PROCEDURE.

[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.

§ 55-107 ACTION ON PRELIMINARY PLAT BY MUNICIPAL AGENCY.

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.

§ 55-108 RIGHTS CONFERRED BY PRELIMINARY APPROVAL.

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.

§ 55-109 FINAL CONSTRUCTION DRAWINGS.

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.

§ 55-110 FINAL PLAT PROCEDURE.

[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.

§ 55-111 ACTION ON FINAL PLAT BY 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.

§ 55-112 FILING OF FINAL PLAT.

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.

§ 55-113 FURNISHING COPIES OF FILED 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.

§ 55-114 RIGHTS CONFERRED BY FINAL APPROVAL.

[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.

§ 55-115 COMPLIANCE WITH PLAT DETAILS.

All plats submitted for approval shall meet the criteria set forth in the following §§ 55-116 through 55-118 of this chapter.

§ 55-116 SKETCH PLAT.

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:

(1) Title of "sketch plat."

(2) Name, if any.

(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.

(8) North arrow; scale.

(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.

§ 55-117 PRELIMINARY PLAT.

[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."

(2) Name, if any.

(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.

§ 55-118 FINAL PLAT.

[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.

(4) Soil disturbance permit.

(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.

(b) Construction permits.

(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.

§ 55-119 IMPROVEMENTS.

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.

A. Streets and grading.

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.

C. Curbs.

D. Sidewalks.

E. Shade trees.

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.

G. Storm drains.

H. Bulkheads.

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.

L. Lagoons.

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.

§ 55-119.1 Requirements for Sidewalks and Curbing.

[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.

§ 55-120 CRITERIA DETERMINING REQUIRED 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.

§ 55-121 IMPROVEMENTS REQUIRED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY.

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.

§ 55-122 INSPECTION REQUIREMENTS.

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.

§ 55-123 PERFORMANCE GUARANTY.

[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]

§ 55-124 CERTIFICATION OF IMPROVEMENTS; MAINTENANCE GUARANTY.

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.

§ 55-125 COMPLIANCE WITH DESIGN STANDARDS.

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.

§ 55-126 GENERAL AND STANDARD DESIGN STANDARDS.

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.

§ 55-126.1 Blocks.

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.

§ 55-126.2 Lots.

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.

§ 55-126.3 Bulkheading.

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.

§ 55-126.4 Curbs.

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.

§ 55-126.5 Drainage.

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".

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."

§ 55-126.6 Floodplain Regulations.

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.

§ 55-126.7 Easements.

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.

§ 55-126.8 Monuments.

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.

§ 55-126.9 Shade Trees.

[Amended 10-5-98 by Ord. No. 1998-20 § 6; Ord. No. 1998-21 § 6]

Division I - East and West of Parkway

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

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

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.

§ 55-126.10 Sidewalks.

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.

§ 55-126.11 Sight Triangles.

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.

§ 55-126.12 Soil Erosion and Sedimentation Control.

[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

§ 55-126.13 Streets.

[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.

§ 55-126.14 Debris.

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.

§ 55-126.15 Water Supply and Sanitary Sewer Facilities.

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.

§ 55-126.16 Utility Installations.

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.

§ 55-126.17 Grading, Topsoil and Seeding.

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.

§ 55-127 OFF-SITE AND OFF-TRACT IMPROVEMENTS. [1]

[1] Editor's Note: Refer to §§ 55-128 through 55-132 for provisions regarding off-site and off-tract improvements.

§ 55-128 FINAL APPROVAL PREREQUISITES.

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.

§ 55-129 REQUIRED OFF-SITE AND OFF-TRACT IMPROVEMENTS.

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.

§ 55-130 DETERMINATION OF NATURE OF IMPROVEMENTS.

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.

§ 55-131 ASSESSMENT OF PROPERTIES.

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.

§ 55-132 DEVELOPER'S SHARE OF COST FOR IMPROVEMENTS. [1]

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.

[1] Editor's Note: See § 55-95, Tax Map Revisions.

§ 55-133 POSTING OF MAPS.

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.

C. The Township Zoning Map.

D. The Township Street Map.

§ 55-134 VARIATION OF MINIMUM REQUIREMENTS.

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.

§ 55-135 TAX MAP ASSESSMENT.

[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.

§ 55-136 ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT AND MAKE-READY PARKING SPACES.

[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.

§ 55-137 through § 55-139. (RESERVED)