[Ord. No. 82-7 § 1; Ord. No. 88-03 § 1]
This chapter shall be known and may be cited as the "Land Subdivision Regulations of the Borough of Island Heights, Ocean County, New Jersey".
[Ord. No. 82-7 § 2; Ord. No. 88-03 § 2]
The purpose of this chapter shall be to provide rules, regulations, and standards to guide land subdivision and development in the Borough in order to promote the public health, safety, convenience, and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection, and proper uses of land and adequate provision for circulation, utilities, and services.
[Ord. No. 82-7 § 3; Ord. No. 88-03 § 3]
The approval provisions of this chapter shall be administered by the Borough Planning Board acting in accordance with the provisions of N.J.S.A. 40:55D-1, etc., as amended and supplemented.
[Ord. No. 82-7 § 4; Ord. No. 88-03 § 4]
These rules, regulations, and standards shall be considered the minimum requirements for the protection of public health, safety, and welfare of the citizens of the Borough.
[Ord. No. 82-7 § 5; Ord. No. 88-03 § 5]
In considering a major subdivision, the Planning Board, in addition to all other requirements, must also review the subdivision to determine whether existing community facilities or plans or reasonable possibilities for expanding such facilities are adequate to provide for the needs of future residents of the proposed development.
[Ord. No. 82-7 § 6; Ord. No. 88-03 § 6]
In addition to any statutory definitions contained in N.J.S.A. 40:55D-1, etc., the definitions contained in this section shall be used in the interpretation and construction of this chapter:
shall mean a developer submitting an application for development.
shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, conditional use, zoning variance, or direction of the issuance of a permit pursuant to this chapter.
shall mean the Planning Board of the municipality, unless a different agency is designated by this chapter.
shall mean an area in which no building, parking area, driveway (except to provide access to property and which is perpendicular to the buffer area), street, sign (except directional sign), or storage of materials shall be permitted.
shall mean systems, structures, and physical improvements for the movement of people, goods, water, air, sewage, or power towers, airways, pipes, and conduits and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
shall mean unification of two (2) or more lots, tracts, or parcels of land into one (1) or several lots, tracts, or parcels of land.
shall mean a Zoning Ordinance, Subdivision Ordinance, Official Map Ordinance, or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1, etc.
shall mean the lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 40:55D-1, etc.
shall mean the detachment of soil or rock fragments by water, wind, ice, and gravity.
shall mean the official action of the Planning Board taken in a major subdivision application on a preliminarily approved plat after all requirements, conditions, engineering plans, etc., have been completed and the required improvements have been installed or bonds properly posted for their completion. A plat that receives such "final approval" must have been prepared by a licensed professional engineer or land surveyor in compliance with all the provisions of N.J.S.A. 40:55D-1 and is the map which must be filed with the County Clerk within ninety (90) days after such action in order to make the approval binding.
shall mean the chief legislative body of the Borough.
shall mean a street, road, or highway improved and maintained by the Borough.
shall mean and include improvements and fixtures on, above, and below the surface.
shall mean a designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.
shall mean any security other than cash which may be accepted by the Borough for the maintenance of any improvements required by this chapter.
shall mean any subdivision not classified as minor subdivision.
shall mean a composite of the mapped and written proposals recommending the physical development of the Borough which shall have been duly adopted by the Borough Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1, etc.
shall mean subdivision of land that does not involve the creation of more than three (3) lots fronting on an existing street or extension thereof; planned development; any new street; the extension of any development of the remainder of the parcel or adjoining property; conflict with any provision or portion of the Master Plan, Official Map, zoning regulations, or this chapter; or more than one (1) prior "minor subdivision" of the affected tract of land.
shall mean the Official Map of the Borough as adopted by the Governing Body of this municipality pursuant to N.J.S.A. 40:55D-1, etc. The map shall be deemed to be conclusive with respect to the location and width of the public streets, public parks and playgrounds, and public rights-of-way shown thereon.
shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such "open space" provided that such areas may be improved with only those buildings, structures, streets, and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
shall mean any individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
shall mean for the purposes of notice to any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-1, etc.
shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board approves a plat, including performance bonds, cash held in escrow agreements and other similar collateral or surety agreements.
shall mean the map of a subdivision, whether major or minor.
Final plat shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper County officer as required by statute.
Preliminary plat shall mean the preliminary map indicating the proposed layout of the major subdivision which is submitted to the Planning Board for consideration and preliminary approval and meeting the requirements of this chapter.
shall mean the official action taken on a preliminary plat by the Planning Board which determines whether or not the plat or map submitted is in proper form and meets the established standards adopted for design layout and development of the subdivision. Such "preliminary approval" confers certain irrevocable rights upon a subdivider for a period of three (3) years on condition that the general terms and conditions specifically agreed upon will be fully met and, further, that the final plat will be submitted for final approval within the three (3) year time period.
shall mean public parks, playgrounds, trails, paths, and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
shall mean a Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.
shall mean the land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion.
shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency or other public body for recreational or conservational uses.
shall mean the majority of the full membership of a municipal agency.
shall mean the number of dwelling units per gross acre of residential land area, including streets, easements, and open space portions of a development.
shall mean and include all divisions as defined under "subdivision" and includes the combination of lots, tracts, or parcels of land and the new or different division of a lot, tract, or parcel of land are made, even though changes are not made in the dimensions of the lot, tract, or parcel land.
shall mean a development plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-1, etc. Small additions or changes may be classified as a minor "site plan" at the discretion of the Planning Board.
shall mean any street, avenue, boulevard, road, land, viaduct, alley, or other way which is an existing State, County, municipal, or private street or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the County officer prior to the appointment or a Planning Board, and the grant to such Board of the power to review plats and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and other areas within the street lines.
shall mean any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, sites, or other divisions of land.
[Ord. No. 82-7 § 7; Ord. No. 88-03 § 7]
a.
The owner or subdivider of land within the Borough shall, prior to subdividing land as defined in this chapter, secure subdivision approval from the Borough Planning Board. A brief notice of the decision of the Planning Board upon each application shall be published in the official newspaper of the Borough by the Planning Board Clerk, at applicant's expense, in accordance with the provisions of N.J.S.A. 40:55D-10.
b.
In any application for site plan approval, and major and minor subdivision approval, the applicant shall not be required to seek a variance from the regulations establishing bulk requirements for lots within the Borough, where any structures properly existing on the premises at the date of the application do not comply with the minimum front, rear, or side setback requirements of the Borough zoning regulations. This provision is not intended to apply in situations where the noncompliance with the regulations is created by the development proposed.
[Ord. No. 82-7 § 8; Ord. No. 88-03 § 7]
a.
Any subdivider of land within the Borough shall, prior to the subdivision of land, submit to the Clerk/Secretary of the Planning Board the following:
b.
A fee in the amount established by this chapter or an amendment to defray the cost of processing the application shall be paid to the Planning Board Clerk/Secretary.
c.
An applicant wishing to redefine lot lines must submit a copy for the applicant's deed as part of the application.
[Ord. No. 82-7 § 9; Ord. No. 88-03 § 9]
All fees provided herein shall be paid to the Clerk/Secretary of the Planning Board at the time of filing of application. All checks shall be made payable to the Borough of Island Heights. A receipt shall be issued.
[Ord. No. 82-7 § 10; Ord. No. 88-03 § 10; Ord. No. 89-15 § 1; Ord. No. 89-11 § 1; Ord. No. 94-01 § 2; Ord. No. 2009-05 §§ 5-7]
The fee schedule shall be as follows:
a.
For a Minor Subdivision. An application fee of five hundred ($500.00) dollars.
b.
For a Major Subdivision. An application fee of seven hundred fifty ($750.00) dollars plus twenty-five ($25.00) dollars per lot.
c.
Escrow(s). The developer shall, at the time of filing an application for development, in addition to paying the nonrefundable administrative fees as previously set forth to the Borough, pay to the Borough, upon filing the application, an escrow fee based upon the following schedule:
1.
Minor Subdivision—One thousand ($1,000.00) dollars for publication, engineering and legal fees.
2.
Major Subdivision—Three thousand ($3,000.00) dollars plus fifty ($50.00) dollars per lot for publication, engineering and legal fees.
Upon completion of all action pertaining to an application for development, any portion of the aforementioned escrow which remains unused shall be returned to the applicant. The applicant shall also be responsible for payment of any legal or engineering fees incurred by the Board in regard to the subject application which are in excess of the escrow amount paid by the applicant. The additional amount, if any, shall be paid prior to the Chairman of the Planning Board signing any plat required to evidence the approval granted pursuant to the application for development.
3.
Engineering Inspection Fees. In addition to the escrow set forth above, the applicant shall pay an additional escrow fee for inspection of the site by the Borough and/or Planning Board Engineer for the installation of all improvements required to be installed by the developer. The escrow for inspection fees shall be as follows:
d.
Fees for Pre-Application Conference and/or Concept Plan for Development. The developer shall, at the time of requesting a pre-application conference or concept plan review, submit a fee in the amount of five hundred ($500.00) dollars. This fee, however, shall be credited against any additional fees for a review of any formal application for development submitted by the developer with respect to the plan which is the subject of the pre-application conference and/or informal review.
e.
Fees for Variance and Conditional Uses.
1.
Appeal to the Board from a decision of a municipal officer or request for interpretation of the Zoning Ordinance or Map or request for a certificate of nonconformance: one hundred ($100.00) dollars per appeal or request.
2.
Variance related to single-family detached uses where such are permitted within the zoning district: one hundred ($100.00) dollars per variance.
3.
Variances for uses or structures not related to single-family detached residential uses where such use or structure is permitted within the zoning district: five hundred ($500.00) dollars for each new bulk variance being created plus two hundred ($200.00) dollars for each existing variance.
4.
The following variances: seven hundred fifty ($750.00) dollars per application, plus one hundred ($100.00) dollars per acre or portion thereof.
(a)
A use of principal structure in a district restricted against such use or principal structure.
(b)
An expansion of a nonconforming use.
(c)
Deviation from a specification or standard pursuant to N.J.R.S. 40:55D-67 pertaining solely to a conditional use.
(d)
An increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4).
(e)
Height of a principal structure which exceeds by the greater of ten (10) feet or ten (10%) percent the maximum height permitted in the zone district for a principal structure.
5.
Conditional Uses: Three hundred ($300.00) dollars per application.
f.
Fees for Resubmission of Plans.
1.
Revised Plats. Any proposed revisions to a plat, including all supporting maps and documents, previously approved by the Board which approval is still in effect, shall require submission of a revised plat and payment of fees in accordance with the following:
(a)
Where changes in the plat are requested by the Board or Borough Engineer, no fees need be paid, and only sufficient copies of the plat incorporating the changes as may be necessary for distribution need be submitted.
(b)
Where there are only minor changes in the plat proposed by the applicant or required by another governmental agency whose approval was a condition of the Board approval, which changes do not involve any additional building or parking or significant change in the design of the site or subdivision, an application fee of twenty-five ($25.00) dollars will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution. Where such changes are technical in nature and do not affect the basis upon which the Board approval was given, the Board Engineer may administratively approve the changes and forward a copy of the approval letter to the Board office for proper distribution. The Board may, however, within thirty (30) days of receiving such approval letter, disapprove any such plat revisions be submitted to and acted upon by the full Board.
(c)
Where there are changes in the plat proposed by the applicant or required by another governmental agency whose approval was a condition of the Board approval, which changes involve additional building or parking or a significant change in the design of the site or subdivision, an application fee equal to one-half (1/2) the fee required for the initial submission will be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.
(d)
Where the proposed changes involve a change in use and/or major alteration of the design concepts of the plat approved by the Board, it shall be considered a new application and shall require the full payment of fees as set forth in this section for new applications for development.
(e)
Where revisions in the plat only involve additional information required as a condition of a previous approval, no additional fees shall be required.
3.
Special Meeting Fee. If requested by an applicant and approved by the Planning Board, a special meeting may be scheduled and held at the expense of the applicant at a fee of one thousand ($1,000.00) dollars per special meeting. The special meeting shall be limited to one (1) application per special meeting.
[Ord. No. 82-7 § 12; Ord. No. 88-03 § 12]
a.
If an application for development is found to be incomplete, the applicant shall be notified thereof within forty-five (45) days of submission of such application or it shall be deemed to be properly submitted.
b.
The Clerk/Secretary of the Planning Board shall, upon receiving an application, transmit within five (5) days to the following for written comments to be received two (2) weeks before the public hearing:
c.
Fifteen (15) copies shall be retained by the Planning Board.
[Ord. No. 82-7 § 13; Ord. No. 88-03 § 13]
The Planning Board shall classify the application. If classified as a minor subdivision, the minor subdivision shall be approved or denied within forty-five (45) days of the date of submission of a complete application to the Clerk/Secretary of the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant and shall be sufficient in lieu of the written endorsement or other evidence of approval as herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
[Ord. No. 82-7 § 14; Ord. No. 88-03 § 14]
Prior to the Planning Board hearing, certification shall be obtained from the Tax Collector's office that all taxes have been paid to date and that corporate and partnership disclosures are provided in compliance with the provisions of Section 40:55D-48.1 of the Municipal Land Use Law.
[Ord. No. 82-7 § 15; Ord. No. 88-03 § 15]
Whenever review or approval for the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-7.3), the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
[Ord. No. 82-7 § 16; Ord. No. 88-03 § 16]
Approval of minor subdivision shall expire one hundred ninety (190) days from the date of municipal approval unless within such period 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.) or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman or Secretary of the Planning Board.
[Ord. No. 82-7 § 17; Ord. No. 88-03 § 17]
a.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivisions approval was granted, shall not be changed for a period of two (2) years after the date of minor subdivisions shall have been duly recorded as provided in this section.
b.
The Clerk/Secretary of the Planning Board shall distribute one (1) fully executed copy of final resolution(s) of a minor subdivision to each of the following:
[Ord. No. 82-7 § 18; Ord. No. 88-03 § 18]
If disapproved, a resolution of disapproval reciting reasons therefor shall be passed and a copy thereof shall be forwarded to the applicant within one (1) week after passage of the resolution.
[Ord. No. 82-7 § 19; Ord. No. 88-03 § 19]
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures in subsection 3-6.2 of this chapter.
[Ord. No. 82-7 § 20; Ord. No. 88-03 § 20]
Before the Planning Board shall recommend preliminary or final approval of any major subdivision, the Planning Board may take steps for the purpose of determining that the approval of such major subdivision will not overtax the existing or projected governmental facilities.
[Ord. No. 89-11 § 2]
a.
Pre-Application. For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the developer may request a pre-application conference and/or concept plan in accordance with the following requirements:
1.
Pre-Application Conference.
(a)
At the request of the applicant, the planning board shall authorize a pre-application conference. The purpose of this conference is to:
(1)
Acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan regulations;
(2)
Provide for an exchange of information regarding the proposed development plan and applicable elements of the master plan, zoning ordinance and other development requirements;
(3)
Advise the applicant of any public sources of information that may aid the application;
(4)
Otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development;
(5)
Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences;
(6)
Permit input into the general design of the project.
(b)
The pre-application conference allows the applicant to meet with appropriate municipal representatives. These individuals, who shall be designated by the Mayor and/or Council, may include:
(1)
Borough Engineer;
(2)
Borough Planner;
(3)
Borough Construction Officer and Zoning Officer;
(4)
Planning Board;
(5)
Representatives from Municipal Environmental, Historic Preservation, and other Commissions, as deemed appropriate;
(6)
Subdivision and Site Plan Committee or representative(s) if this Committee is established;
(7)
Any other municipal representative(s) invited by the Planning Board Chairperson.
(c)
Applicants seeking a pre-application conference shall submit the information stipulated in paragraph c., fifteen (15) days prior to the pre-application conference.
(e)
The applicant shall not be bound by the determination for the pre-application conference nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review.
b.
Concept Plan.
1.
In addition or as an alternative to the pre-application conference, at the request of the applicant, the Planning Board or the Subdivision and Site Plan Committee shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development. The purpose of the concept plan is to provide Planning Board or Subdivision and Site Plan Committee input in the formative stages of subdivision and site plan design.
2.
Applicants seeking concept plan informal review shall submit the items stipulated in paragraph c below, fifteen (15) days before the concept plan meeting. These items provide the subdivider and Planning Board or Subdivision and Site Plan Committee with an opportunity to discuss the development proposal in its formative stages.
3.
The applicant is to submit a brief written summary of the concept plan. The concept plan review shall be provided within forty-five (45) working days after the final meeting.
4.
The applicant shall not be bound by any concept plan for which review is requested, nor shall the Planning Board or Subdivision and Site Plan Committee be bound by any such review. The municipality may require notice of the concept plan meeting pursuant to N.J.S.A. 40:55D-12.
c.
Concept Plan Checklist. The following information and documents may be required to be submitted to the Planning Board Secretary for a concept plan review:
1.
Name and address of owner and applicant.
2.
Name, signature, license number and address of engineer, land surveyor, architect, professional planner, and/or landscape architect, as applicable, involved in preparation of plat.
3.
Title block denoting type of application, tax map sheet, County, name of municipality, block and lot, and street location.
4.
A key map at specified scale showing location of tract with reference to surrounding properties, streets, municipal boundaries, etc., within five hundred (500') feet.
5.
A schedule of required and provided zone district(s) requirements including lot area, width, depth, yard setbacks, building coverage, open space, parking, etc.
6.
North arrow and scale.
7.
General size and location of any existing or proposed structures.
8.
General location and dimensions of any existing or proposed streets.
9.
Existing copy and/or delineation of any existing or proposed deed restrictions or covenants.
10.
Any existing or proposed easement or land reserved for or dedicated to public use.
11.
Payment of concept review fee.
12.
All existing streets, water courses, flood plains, and general location of wetlands or other environmentally sensitive areas on and within two hundred (200') feet of site.
13.
Existing rights-of-way and/or easements on and within two hundred (200') feet of tract.
14.
Topographical features of subject property from U.S.C. or G.S. map.
15.
General boundary, limits, nature and extent of wooded areas, specimen trees, and other significant physical features.
16.
General vehicular and pedestrian circulation patterns (less detail necessary for pre-application concept plan and GDP stages).
[Ord. No. 82-7 § 21; Ord. No. 88-02 § 2]
All applications for minor subdivisions shall be approved or disapproved as provided in subsection 31-5.6 et seq. of this chapter.
[Ord. No. 82-7 § 22; Ord. No. 88-03 § 22; Ord. No. 89-04 § 4]
a.
At least seventeen (17) black-on-white prints of the preliminary plat, together with seventeen (17) completed application forms for preliminary approval, shall be submitted to the Clerk/Secretary of the Planning Board. At the time of filing, fees in accordance with subsection 31-5.4 shall be paid to the Clerk of the Planning Board to defer administrative and review costs incurred by the Borough.
c.
In determining the completeness of a major subdivision of preliminary plat application, the Planning Board shall utilize the preliminary plat major subdivision checklist. The checklist shall be available from the Planning Board Secretary.
d.
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with this chapter, grant preliminary approval to the subdivision.
[Ord. No. 82-7 § 23; Ord. No. 88-03 § 23]
a.
The developer shall notify by registered mail or certified mail at least ten (10) days prior to the hearing property owners within two hundred (200') feet of the extreme limits of the subdivision as their names appear on the municipal tax record. Furthermore, the developer shall comply with all provisions of 40:55D-12. A fee of ten ($10.00) dollars shall be paid to the Borough of Island Heights for a certified list of the property owners.
b.
The notice shall state the time and place of hearing, a brief description of the subdivision and that a copy of the subdivision has been filed with the Clerk/Secretary of the Planning Board for public inspection. The applicant shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the municipality at least ten (10) days prior to hearing.
[Ord. No. 82-7 § 24; Ord. No. 88-03 § 24; Ord. No. 89-04 § 5]
a.
Upon the submission of a complete application for a subdivision of more than three (3) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
b.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
c.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in N.J.S.A. 40:55D-60 (Article 7 of chapter 291 of the Laws of New Jersey 1975), the Planning Board shall grant or deny approval of the application within ninety-five (95) days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning board to act shall be issued on request of the applicant.
d.
Approval or Disapproval.
1.
If the plat is disapproved, a resolution specifying the reasons therefor, and a copy thereof shall be forwarded to the applicant within ten (10) days of such action by the Secretary of the Planning Board.
2.
If the plat is approved, the Chairman of the Planning Board shall affix his signature to the plat with a notation that it has received preliminary approval.
3.
In the event that preliminary approval of the Planning Board is granted subject to conditions, a resolution specifying the conditions shall be adopted and attached to the preliminary plat and shall be signed by the Planning Board Chairman simultaneously with the signing of the plat. Any conditions or approvals required by state agencies shall be applied for and obtained independently by the developer.
f.
An application shall be certified as complete upon the meeting of all requirements specified in the completeness checklist and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Planning Board.
[Ord. No. 82-7 § 25; Ord. No. 88-03 § 25]
Preliminary approval of a major subdivision pursuant to this chapter or of a site plan, except as provided in paragraph a. of this section, shall confer upon the applicant the following rights for a three (3) year period for the date of the preliminary approval:
a.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs, and sidewalks; lot size; yard dimension and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
b.
That the applicant shall submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision play or a site plan, as the case may be.
c.
That the applicant may apply for and the Planning Board 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.
[Ord. No. 82-7 § 26]
a.
Prior to approval of the preliminary plat, the developer (subdivider) or owner shall accomplish the following:
1.
Prepare an estimate of the costs of construction for improvements by the developer's engineer to be submitted to the Borough Engineer for review.
2.
Deposit with the Borough Clerk a fee, in cash or certified check payable to the Borough in an amount sufficient to cover the cost of supervision and inspections of the installations. Amount of escrow deposit to be determined by the Borough Engineer. If the escrow deposit is depleted through engineering or legal fees, it shall be replenished by the developer to cover same.
b.
The Borough Engineer shall review a complete set of revised drawings of the preliminary plat and all other sheets prior to approval by the Planning Board.
[Ord. No. 82-7 § 27; Ord. No. 88-03 § 27]
Before consideration of a final subdivision plan and prior to the granting of final approval, the subdivider or owner shall have installed the following enumerated improvements as herein detailed and described in Sections 31-8 and in 31-9 or such other improvements as are specified by the Borough Engineer in the general terms and conditions under which the preliminary approval was granted, or shall have furnished performance guaranties and certified check, payable to the Borough for the ultimate installation thereof:
[Ord. No. 82-7 § 28; Ord. No. 88-03 § 28]
In no case shall a building permit be issued prior to final approval, in writing, of the Planning Board Engineer, and the Planning Board Secretary/Clerk that the subdivider has complied with all the requirements of this chapter that are applicable and to any other Borough ordinances applicable to the subdivider's plat.
[Ord. No. 82-7 § 29; Ord. No. 88-03 § 29]
Prior to the issuance of an occupancy permit, the Borough Zoning Officer shall obtain the approval, in writing, of the Planning Board Engineer that all required improvements have been installed or appropriate performance guaranties have been furnished.
[Ord. No. 82-7 § 30; Ord. No. 88-03 § 30]
a.
In the event that subdivider wishes to proceed with all or any part of a subdivision which has received preliminary approval and at least fourteen (14) days prior to the regularly scheduled Planning Board meeting at which consideration is desired, submit to the Planning Board Secretary the following:
1.
The original tracing of the final plat.
2.
One (1) translucent tracing cloth of the final plat.
3.
Two (2) cloth prints of the final plat.
4.
Seventeen (17) paper print copies of the final plat.
5.
Seventeen (17) completed application forms for final approval.
6.
A written statement from the Planning Board Engineer that he is in receipt of final construction plans and final construction profiles showing all utilities in the subdivision and the exact location and elevation identifying those portions already installed and those to be installed, and provided that the subdivider complies with one (1) or both of the following:
b.
The Planning Board Secretary shall, upon receiving an application for final approval, transmit copies of the final plat as follows:
1.
The original tracing, one (1) translucent tracing cloth copy, two (2) cloth prints and seventeen (17) paper print copies to the Borough Planning Board.
2.
One (1) paper print copy to the Planning Board Engineer.
3.
One (1) print copy to the Borough Planning Board Attorney.
4.
One (1) paper print copy to the Ocean County Planning Board.
5.
One (1) paper print copy to the Zoning Official.
c.
The Planning Board shall act upon the final plat within forty-five (45) days after the date of submission for final approval to the Planning Board Clerk. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant and shall be sufficient in lieu of the written endorsement or other evidence of approval as herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
d.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, C. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
[Ord. No. 87-2 § 31; Ord. No. 88-03 § 31]
a.
No final plat shall be approved by the Planning Board until the completion of all the required improvements have been certified as completed to the Planning Board by the Planning Board Engineer. The final plat shall be forwarded to the Planning Board Engineer by the Secretary of the Planning Board for review immediately upon receipt of the final plan by the Secretary. The Engineer shall report back to the Planning Board at least ten (10) days prior to the next regular meeting after receipt of the plat regarding compliance of the final plat with the general terms and conditions of preliminary approval. However, where the Planning Board may find that the installation and construction of the required improvements before final approval would work and undue hardship upon any subdivider or owner, the Board may permit the filing with the Planning Board Clerk of a performance guaranty in an amount not to exceed one hundred twenty (120%) percent of the cost of the installation for improvements, as determined by the Planning Board Engineer, or the uncompleted portions thereof as determined by him, and assuring the installation of such improvements, or the uncompleted portions thereof, on or before an agreed date.
b.
Such performance guaranty shall be in the form of certified check made payable to the Borough of Island Heights, performance bond or such other guaranty which shall be issued by a bonding or surety company approved by the Governing Body. Such performance guaranty shall be returnable to the subdivider after full compliance.
c.
The performance guaranty shall be approved by the Borough Attorney as to form, sufficiency, and execution. Such performance guaranty shall run for a period to be fixed by the Planning Board, in no case for a term of more than one (1) year. However, with the consent of the owner and the surety, the Borough Council may, by resolution, extend the term of such performance guaranty for additional period not to exceed a total of two (2) years. The amount of any performance guaranty may be reduced by resolution of the Borough Council when portions of the required improvement have been installed and completed; provided, however, that the Borough Council shall first have determined that such reduction is necessary for the public welfare and for the best interest of the municipality.
d.
No performance guaranty shall be released until a maintenance guaranty has been posted with the Governing Body for a period not to exceed two (2) years after final acceptance of the improvement in an amount not to exceed fifteen (15%) percent of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty, as the case may be, the maintenance guaranty shall be required by the municipality for such utilities or improvements.
e.
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
f.
When all of the required improvements have been completed, the obligor shall notify the Governing Body in writing and by certified mail addressed in care of the Borough Clerk, of the completion of the improvements and shall send a copy thereof to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Governing Body, indicating either approval, partial approval, or rejection of the improvements, with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
g.
The Governing Body shall either approve, partially approve, or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor, in writing and by certified mail, of the contents of the report and the action of the report and the action of the approving authority with relation thereto not later than sixty-five (65) days after receipt of the notice from the obligor 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. Failure of the Governing Body to send or provide such notification to the obligor within sixty-five (65) days shall be deemed to constitute approval of the improvements, and obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty.
h.
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in this subsection, shall be followed.
i.
The obligor shall deposit with the Borough Clerk a fee, in certified check payable to the Borough, in an amount sufficient to confer the cost of the foregoing inspection of improvements.
[Ord. No. 87-2 § 32; Ord. No. 88-03 § 32]
When applying for a final subdivision, the applicant must specify those roads which he intends to use for construction traffic to and from the subdivision. Only those roads approved by the Planning Board will be allowed for construction traffic into and servicing the subdivision prior to acceptance.
[Ord. No. 87-2 § 33; Ord. No. 88-03 § 33]
a.
If the Planning Board approves the final plat, a notation to that effect shall be made on each plat, and the plats shall be signed by the Chairman and Secretary of the Planning Board.
b.
As a condition for final approval of any subdivision, the applicant is required to submit proof that all real property taxes, including the full amount for the calendar year in which subdivision approval is granted, have been paid in full and that all assessments for local improvements have been paid in full on the property for which any subdivision application is made. No Planning Board approval for any subdivision shall be granted until such proof is submitted.
[Ord. No. 82-7 § 34; Ord. No. 88-03 § 34]
a.
If the Planning Board approves the final plat, a notation to that effect shall be made on each plat, and the plats shall be signed by the Chairman and Secretary of the Planning Board. The Planning Board Secretary shall retain one (1) paper print copy for the Planning Board's files and transmit the remaining signed tracings and copies to the Planning Board Clerk.
b.
Upon receipt of an approved final plat of a major subdivision, the Planning Board Clerk shall, retaining one (1) paper print copy for her files, distribute the signed plats as follows:
c.
The final plat, after final approval, shall be filed by the subdivider with the County Recording Officer within ninety-five (95) days from the date of such approval. If any final plat is not filed within this period, the approval shall expire. The Planning Board may, for good cause, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing the plat.
d.
No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Borough Planning Board and signed by the Chairman and Secretary of the Board.
[Ord. No. 82-7 § 35; Ord. No. 88-03 § 35]
a.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval, provided that, in the case of major subdivision, the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time period provided in subsection 31-6.14c.
b.
Building Permits and Certificates of Occupancy. No building permits and Certificates of Occupancy shall be issued until all improvements have been completed or performance guaranties posted as required.
[Ord. No. 82-7 § 36; Ord. No. 88-03 § 36]
No plat shall be accepted for consideration unless it fully conforms to the following requirements as to form, content, and accompanying information and shall have been drawn by a professional engineer or land surveyor as required by law, licensed to practice in the State of New Jersey and shall bear the signature, seal, and license number and address of the professional engineer or land surveyor.
[Ord. No. 82-7 § 37; Ord. No. 88-03 § 37]
a.
The preliminary plat shall be designated in accordance with the provisions of this section and Section 31-9 hereof in strict accord with modern and accepted planning techniques and procedures by qualified persons, with the cooperation of the Borough Planning Board. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one (1") inch equals fifty (50') feet by a licensed New Jersey professional engineer.
b.
For initial consideration by the Planning Board prior to the granting of preliminary approval, the plat shall show or be accompanied by sufficient information to establish the design, arrangement, and dimensions of streets, lots, and other planned features as to form, size, and location. This information shall form the basis for the general terms and conditions upon which preliminary approval may be granted and shall include:
1.
A key map showing the entire subdivision and its relation to surrounding areas.
2.
The tract name, tax map sheet, block and lot number, reference meridian, graphic scale, and the following names, addresses, and facts:
(a)
Certification that the applicant is the owner of the land or his authorized agent, giving names and addresses of both, or has a development interest therein.
(b)
Certification that the applicant or a company in which the applicant has an interest does not own nor has contracted to purchase abutting land.
(c)
Name and address of owner, if subdivider is contract purchaser.
(d)
Name and address of the subdivider.
(e)
Name and address of the person who prepared the map.
(f)
Certificate from the Tax Collector that taxes are paid to date.
(g)
The appropriate zone districts applicable to all land shown on the plat shall be clearly indicated.
3.
Acreage of tract to be subdivided to nearest tenth of an acre.
4.
Contours at one (1') foot intervals in order to determine the general slope and natural drainage of the land and sufficient elevations in order to determine the high and low points of all proposed new streets. Proposed contours shall be shown in dashed lines with arrows indicating the direction of runoff; the proposed elevations at the corners of the lot.
5.
The location of existing and proposed property lines, streets, buildings, underground utility easements, watercourses, railroads, bridges, culverts, drainpipes, and any natural features, such as wooded areas and rock formation. Underground utility easements are required to follow existing and proposed property lines and to be described in the deeds to the affected lots in the subdivision.
6.
Plans and profiles of all grading, paving, curbs, sidewalks, storm and sanitary sewers and appurtenances, water mains, gas mains, bridges, major tree growths showing connections to existing or proposed utilities, all meeting the requirements of the Borough Engineer.
c.
When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the Borough Engineer. When a public sewage disposal system is not available, the developer shall submit an application with required engineering data to the Borough Engineer and the State Department of Health where applicable. The engineering data must be compiled by a licensed professional engineer of the State of New Jersey. All engineering data must be approved by the local and State Departments of Health where applicable. Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such situations shall first be approved by the Borough Engineer.
d.
The map must include certification for signatures of the Chairman and Secretary of the Planning Board. If maps are revised, revision date must be indicated on the map.
e.
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
f.
When the preliminary plat, which has been granted preliminary approval, forms the basis upon which application for final approval will be made, such plat map and its accompanying engineering plans must be prepared by a licensed professional engineer in compliance with all the provisions of N.J.S.A. 40:55D-1, etc. before the required improvements of the subdivision regulations are installed or the performance guaranty and certified check for same are furnished, which requirements must be met before application and the granting of final approval of the plat can be made.
g.
Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved.
[Ord. No. 82-7 § 38; Ord. No. 88-03 § 38; Ord. No. 89-04 § 6]
a.
The final plat shall be drawn in ink or tracing cloth at a scale of not less than one (1") inch equals fifty (50') feet and in compliance with all the provisions of N.J.S.A. 40:55D-1, etc. The final plat shall show or be accompanied by the following:
1.
The date, name, and location of the subdivision, name of owner, graphic scale, and reference meridian.
2.
Tract boundary lines, right-of-way lines of streets, street names, easements, and other rights-of-way, land to be reserved or dedicated for public use, all lot lines and other site lines, with accurate dimensions, bearings, or deflection angles, and arcs and central angles of all curves. Under-ground utility easements are required to follow existing and proposed property lines and to be described in the deeds to the affected lots in the subdivision.
3.
The purpose of any easement or land reserved or dedicated for public use shall be designated, and the proposed use of sites other than residential shall be noted.
4.
Block and lot numbers as approved by the Tax Assessor or Engineer.
5.
Minimum building setback line on all lot and other sites.
6.
Location and description of all monuments.
7.
Names of owners of adjoining unsubdivided land and the block and lot numbers.
8.
Certification by engineer or surveyor as to accuracy of details of plat and the name, address, and license number of engineer or surveyor.
9.
Certification that the applicant is agent of or owner of the land or that the owner has given consent under an option agreement or is a contract purchaser.
10.
Contours at one (1') foot intervals.
11.
Certificate from Tax Collector that all taxes are paid to date.
12.
A statement by the Borough Engineer that he is in receipt of a map showing all utilities in exact location and elevation identifying those portions already installed and those to be installed and that the subdivider has complied with one (1) or both of the following:
b.
When approval of a plat is required by an officer or body of such a municipality, County, or State, approval shall be certified on the plat.
c.
Plans, profiles, and cross sections of all grading, paving, curbs, sidewalks, storm and sanitary sewers and appurtenances, water mains, gas mains, street signs, bridges, major tree growths, shade trees, as built, approved by the Planning Board or Borough Engineer shall accompany the final plat.
d.
In addition to the final plat required herein, the subdivider shall provide a key map of the area surrounding the subdivision, which map shall indicate the flow of drainage from the subdivision and shall estimate the maximum volume of water that would be anticipated at the time of heavy rain and shall show watercourses, pipes or culverts under roads and other existing facilities that may be required to handle the water until the water arrives at a natural brook, stream, river or other water body that will provide that the water is carried off in accordance with the storm drainage requirements under subsection 31-9.6.
[Ord. No. 82-7 § 39; Ord. No. 88-03 § 39]
a.
Prior to the granting of final approval of all subdivisions hereafter submitted to the Planning Board for final approval, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following:
b.
All of the above listed improvements shall be subject to inspection and approval by the Borough and/or Planning Board Engineer, who shall have been notified by the developer at least twenty-four (24) hours prior to the start of construction. No underground installation shall be covered until inspected and approved. Design standards shall be as specified in this chapter or other ordinances and interpreted by the Borough and/or Planning Board Engineer.
[Ord. No. 82-7 § 40; Ord. No. 88-03 § 40]
No trees, brush, or debris shall be used as landfill or in lieu thereof, nor shall any landfilling operation be performed in such a manner as to cover unremoved trees and debris on any streets, lots, or other areas.
[Ord. No. 82-7 § 41; Ord. No. 88-03 § 41]
The subdivider shall make provision for filling in all stormwater pockets, holes, or areas in which stormwater may collect.
[Ord. No. 82-7 § 42; Ord. No. 88-03 § 42]
The land subject to flooding and land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy or for such other uses as may increase danger to health, life, or property or aggravate the flood hazard. However, such land within the plat may be set aside for such uses as will not be endangered by periodic or occasional inundation or will not produce unsatisfactory living conditions.
[Ord. No. 82-7 § 43; Ord. No. 88-03 § 43]
a.
All streets which are designated to become part of the street system of the Borough and environs, as shown on the preliminary and final plans, shall be coterminous with adjoining links to the system.
b.
Dead-end streets shall be avoided wherever possible. If their use is unavoidable, all such streets serving several otherwise isolated lots, where necessary in the opinion of the Planning Board or Borough Engineer and the Planning Board, shall have a circular turning space at the end with a minimum radius of fifty (50') feet at the curbline, and, if sidewalks need to be provided for, the overall minimum radius of the right-of-way shall be sixty (60') feet.
[Ord. No. 82-7 § 44; Ord. No. 88-03 § 44]
a.
All of the improvements listed within this section shall be subject to inspection and approval by the Borough and/or Planning Board Engineer, who shall be notified by the subdivider or developer at least forty-eight (48) hours prior to the start of construction. No underground installation shall be covered until inspected and approved by the Planning Board and/or Borough Engineer, or those agencies having jurisdiction over the particular installation.
b.
The standard specifications of the Borough, as now or hereafter adopted, shall govern the construction and installation of all the above improvements. Failure of the subdivider, developer, his contractor, or agents to conform to the specifications will be just cause for the suspension of the work being performed, and no person shall have the right to demand or claim damages from the Borough, its officers, agents, or servants by reason of such suspension.
[Ord. No. 82-7 § 45; Ord. No. 88-03 § 45]
The subdivider or developer shall pay to the Borough, in addition to the application fee, a reasonable charge for the inspection by the Borough and/or Planning Board Engineer for the installation of all improvements required to be installed by the subdivider or developer. Payment of the inspection fees shall be made in the following manner: As a condition of final approval, the developer shall deposit with the Planning Board Clerk an amount to be determined by the Escrow Ordinance sufficient to cover a reasonable charge for inspections. The developer shall also deposit with the Planning Board Clerk such amounts to be determined by the Construction Official as reasonable charge to cover its inspections. Payment for inspection charges by the Borough and/or Planning Board Engineer or his agents shall be paid out of this fund upon presentation of bills by the Borough and/or Planning Board Engineer to the Borough Treasurer for such inspections. When the subdivision has been completed and all engineering inspection fees have been paid to the Borough and/or Planning Board Engineer, any remaining balance in the account shall be returned to the subdivider by the resolution of the Borough Council. (The same rule shall apply to the Construction Official's inspections).
[Ord. No. 87-2 § 46; Ord. No. 88-03 § 46; Ord. No. 90-03 § 1]
The subdivider or owner shall observe the requirements and principles of land subdivision in the design of each subdivision or portion thereof as set forth hereafter or in accordance with the design standards included in this chapter, Chapter XXX and those established by the Borough Engineer.
[Ord. No. 87-2 § 47; Ord. No. 88-03 § 47]
a.
The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. The streets, drainage right-of-way, school sites, public parks, and play-grounds as shown on the Master Plan or Official Map shall be considered in approval of subdivision plats.
b.
Only one (1) minor subdivision shall be allowed in any one (1) tract of land, unless the owner or subdivider conforms to such regulations as herein provided pertaining to major subdivision as the Planning Board may require.
[Ord. No. 82-7 § 48; Ord. No. 88-03 § 48; Ord. No. 90-03 § 2]
a.
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
b.
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips have been placed in the Borough Council under conditions approved by the Planning Board.
c.
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one (1) or both sides of the road. If the subdivision is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated. In the case of such a one-half (1/2) street, the subdivider shall be required to improve, in accordance with Section 31-8, the one-half (1/2) street including ten (10') feet on either side of the center line of the street.
[Ord. No. 82-7 § 50; Ord. No. 88-03 § 49]
a.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, topography, internal drainage, flood conditions, or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots. The Planning Board may require certification by a professional engineer substantiated with soil borings that the soil has sufficient bearing capacity for building foundations.
b.
Acreage must be subdivided in accordance with the Borough zoning regulations.
c.
Corner lots for residential use shall have additional width in order to accommodate the requirements of the Borough zoning regulations for front yard setbacks on both streets.
[Ord. No. 89-04 § 1]
Such report shall be provided for major site and major subdivision, under the conditions covered in Section 31-6 of this chapter and shall provide the information needed to evaluate the effects of a proposed development upon the environment and shall include data, be distributed, reviewed and passed upon as follows:
a.
A description of the development which shall specify what is to be done and how it is to be done, during construction and operation, as well as a recital of alternative plans deemed practicable to achieve the objective.
b.
An inventory of existing environmental conditions at the project site and in the immediate surrounding region which shall describe air quality; water quality; water supply; hydrology; geology; soils and properties thereof, including capabilities and limitations; sewer-age systems; topography; slope; vegetation; wildlife habitat; aquatic organisms; noise characteristics and levels; demography; land use; aesthetics and history. Air and water quality shall be described with reference to standards promulgated by the State Department of Environmental Protection and soils shall be described with reference to criteria contained in the Soil Conservation District Standards and Specifications. Specifically, the report shall address the ways in which the project's design will reduce to the minimum extent possible the washing of petroleum and other urban pollutants through runoff and erosion into drainage courses.
c.
An assessment of the probable impact of the development upon all items set forth below.
As a direct result of the investigations made under the environmental impact report, a listing shall be provided which shall be all inclusive stipulating the licenses, permits and approvals needed to be furnished by Federal, State, County or municipal law. The status of these permits and approvals shall also be included. During the preparation of the impact record, the applicant shall contact all concerned Federal, State, County, or other municipal agencies or officials adjacent thereto or affected by the proposed development. The impact report shall include as a result thereof the conclusions and comments of all concerned government officials and agencies. All apropos correspondence between the applicant and these officials and agencies shall be included in the report.
d.
A listing and evaluation shall be included regarding those adverse environmental impacts which cannot be avoided with particular emphasis upon air or water pollution, increase in noise, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services, impact of traffic and consequences to municipal tax structure. Off-site and off-tract impact shall also be set forth and evaluated.
e.
A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the development site and in the surrounding region, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the steps to be taken. The developer or its consultants in overall charge of the environmental impact report shall include therein all steps that the developer must undertake to successfully implement the report. Recommended steps must include a positive statement affirming the developer's intent to undertake this work by using terms "shall be", "must", etc.
f.
A statement shall be included concerning any irreversible or irretrievable commitment of resources which would be involved in the proposed development. Alternatives shall be set forth which might avoid some or all of the adverse environmental effects, including a nonaction alternative.
g.
The Borough Engineer shall review, for adequacy and completeness, the Environmental Impact Report as a part of its underlying function with respect to its review of the development. In reaching a decision the approving authority shall take into consideration the effect of applicant's proposed development upon all aspects of the environment as outlined above as well as the sufficiency of applicant's proposals for dealing with any immediate or projected adverse environmental effects.
h.
Notwithstanding the foregoing, the Planning Board may, at the request of an applicant, waive the requirement for an Environmental Impact Report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.
i.
Fifteen (15) copies of the Environmental Impact Report shall be submitted to the approving authority.
j.
An Environmental Impact Report as required herein shall also be submitted for all public or quasi-public projects unless such are exempt from the requirements of local law by supervening County, State or Federal law.
k.
Submission of an Environmental Impact Report or assessment consistent with the requirements of N.J.S.A. B:19-1 et seq. and N.J.A.C. 7:1D-1.0 et seq., the Coastal Area Facility Review Act (CAFRA), and the rules and regulations promulgated pursuant thereto, will be conclusively deemed to meet the requirements of this subsection.
[Ord. No. 89-04 § 2]
a.
General Requirements. All storm drainage facilities shall be constructed in accordance with the applicable requirements of the New Jersey Department of Transportation Standard Specifications and Standard Construction Details. The developer or his engineer shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities. Any field samples or laboratory tests required to document the conclusions of such calculations shall be performed at the sole expense of the developer.
b.
Storm Drain Pipe. All storm drain pipes shall be either slip joint type reinforced concrete or corrugated aluminum culvert pipe meeting the requirements of the Standard Specifications and of a wall thickness sufficient to meet the proposed conditions of service; but in any event, no wall thickness less than Class 3, Wall B, for concrete pipe or fourteen (14) gauge for corrugated aluminum pipe shall be allowed. Generally, concrete pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated aluminum or other types of pipe may be permitted. No concrete pipe may be laid on grades exceeding ten (10%) percent. Concrete pipe below thirty (30") inches, or equivalent, in size will be joined using a mortared joint in accordance with the specifications. Concrete storm drain pipes, thirty (30") inches or larger in diameter, will be jointed using a preformed bituminous mastic pressure type joint sealer or rubber ring type or other equivalent approved joint. All storm drains shall be tangent between inlets, manholes or other structures, except that the use of fittings or factory curved or mitered pipe may be allowed by the Borough Engineer when necessary to accommodate existing geometry or utilities. Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Borough Engineer. Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all necessary action to remove or eliminate any unsuitable conditions. These may include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions. Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.
c.
Inlets and Manholes. Inlets and manholes shall be constructed, where required, in accordance with the requirements of the Standard Specifications and Standard Construction Details.
d.
Headwalls. All pipe terminations shall be provided with poured concrete headwalls, precast concrete end sections or corrugated aluminum end sections in accordance with the approved final plat. Poured concrete headwalls shall be wing type headwalls with aprons in accordance with the Standard Construction Details.
e.
Inlet and Manhole Location.
1.
In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed six hundred (600') feet.
2.
Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.
3.
In general, surface flow length, for flows of four (4) or more cubic feet per second, on paved surfaces shall not exceed seven hundred fifty (750') feet, provided that:
(a)
Gutter flow widths on local and local collector streets shall not exceed eleven (11') feet or such narrower width as may be necessary to provide a twelve (12') foot wide clear lane in the center of the roadway.
(b)
Gutter flow widths on minor collector streets shall not exceed nine (9') feet or such narrower width as may be necessary to provide two (2) twelve (12') foot wide clear lanes in the center of the roadway.
(c)
Gutter flow widths on major collector streets without shoulders shall not exceed five (5') feet or such narrower width as may be necessary to provide four (4) ten (10') foot wide clear lanes in the center of the roadway.
(d)
Gutter flow widths on minor and principal arterial streets and major collector streets with shoulders shall be retained within the shoulder areas.
(e)
Swale gutter flow widths in parking areas shall not exceed twelve (12') feet.
(f)
Gutter flow widths shall provide for the maintenance of two (2) ten (10') foot wide clear lanes in all access and major circulation drives and one (1) twelve (12') foot wide clear lane in all other aisles in all parking areas, except as otherwise provided in paragraph e7.
5.
Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.
6.
Generally, sufficient inlets will be placed to eliminate any flow exceeding two (2) cubic feet per second across any intersections.
7.
Parking areas may be designated to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six (6") inches at any point calculated for the appropriate design storm in accordance with paragraph h1 and shall meet the criteria set forth in paragraph h1.
f.
Type of Inlets and Manholes. All curb inlets shall be New Jersey Department of Transportation standard Type B and all yard inlets shall be standard Type E; all manholes shall be New Jersey Department of Transportation standard four (4') foot diameter, unless a larger diameter is necessary. Casting heights on curb inlets shall be two (2") inches greater than the specified curb face, and the gutter shall be properly transitioned approximately ten (10') feet on either side of the inlet.
g.
Open Channels.
1.
Open channels shall be designed to contain the required flow and shall have a design velocity low enough, in the judgment of the Planning Board Engineer, to prevent erosion. The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus twenty-five (25') feet rounded to the next highest five (5') foot increment. The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews. The minimum distance between the channel top edge and any easement line shall be five (5') feet. Excess velocity, if any, as determined by the Planning Board Engineer in open channels must be controlled by sod, riprap, paving, ditch checks or other suitable methods. Changes of direction in open channels must have a maximum radius of eight hundred (800') feet or be adequately paved or riprapped.
2.
Generally, unlined open channel cross sections shall have side slopes not steeper than four to one (4:1) for channel depths of two (2') feet or less and not steeper than eight to one (8:1) for channel depths of more than two (2') feet. Lined open channel side slopes shall not be steeper than two to one (2:1).
3.
The bottom of all unlined open channels and the channel side slopes, to at least the design flow level, will be sodded with suitable coarse grass sod.
4.
All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.
5.
All unlined open channels which can be expected to have a base flow of five (5) cubic feet per second or more for at least two (2) out of every twelve (12) months will be provided with a low flow channel using gabions, riprap, lining, one-third (1/3) pipe sections or other arrangements approved as part of the final plat submission.
h.
Minimum Basis for Calculations.
1.
Design Storm Frequency.
(a)
For closed conduits: Ten (10) year minimum.
(b)
For open channels: Ten (10) year minimum. The flooding limits for storms with a return period of twice the design storm shall be determined for all open channels. Such limits shall be the drainage or conservation easements delineated on the plat.
(c)
Flood control - detention facility: The flood control standard for detention will require that volumes and rates be controlled so that after development the site will generate no greater peak runoff from the site than prior to development, for a two (2) year, ten (10) year, and one hundred (100) year storm considered individually. These design storms shall be defined as either a twenty-four (24) hour storm using the rainfall distribution recommended by the United States Soil Conservation Service when using United States Soil Conservation Service procedures (such as United States Soil Conservation Service, "Urban Hydrology for Small Watersheds", Technical Release No. 55), or as the estimated maximum rainfall for the estimated time of concentration of runoff at the site when using a design method as the Modified National Method. Tabulations of estimated maximum rainfall are available from the Borough Engineer. For purposes of computing runoff, all lands in the site shall be assumed, prior to development, to be in good condition (if the lands are pastures, lawns or parks), with good cover (if the lands are woods), or regardless of conditions existing at the time of, with conservation treatment (if the land is cultivated), computation.
(d)
Flood control - retention facilities: Double the capacity for a twenty-four (24) hour flood with a return period of less than fifty (50) years.
(e)
Water quality control: The water quality requirement for detention will require prolonged retention of a small design storm which shall be either a one (1) year frequency twenty-four (24) hour storm using the rainfall distribution recommended for New Jersey by the United States Soil Conservation Service or a storm of one and one-quarter (1 1/4") inches of rainfall in two (2) hours. Provisions shall be made for it to be retained and released so as to evacuate ninety (90%) percent in approximately eighteen (18) hours in the case of residential developments and thirty-six (36) hours in the case of other developments. This is usually accomplished by a small outlet at the lowest level of detention storage, with a larger outlet or outlets above the level sufficient to control the small design storm. If the above requirement would result in a pipe smaller than three (3") inches in diameter, the period of retention shall be waived so that three (3") inches will be the minimum pipe size used.
It is not necessary that basic requirements for water quality control be satisfied by means of detention basins. Measures including but not limited to rooftop storage, tanks, infiltration, pits, porous pavement, dry wells, gravel layers underneath paving, or sheet flow through vegetated areas may be used for the purpose, with appropriate consideration for length of life and feasibility of continued maintenance.
(f)
For gutter flow calculations: Ten (10) years for local, local collector and minor collector streets, twenty-five (25) years for major collectors and minor arterials and fifty (50) years for principal arterials.
2.
Runoff Calculations. Runoff determinations should be made using the rational formula or, in unusual cases, other methods with the prior approval of the Planning Board. Upstream areas should be considered based on their full development potential according to current zoning or the current use, whichever produces the greatest runoff. Runoff coefficients used should generally fall in the following ranges:
Land Use Classification Fully Developed | Range of Coefficient |
|---|---|
Public parks, open space and land conservation | 0.15 - 0.30 |
Low-density residential | 0.30 - 0.45 |
Medium-density residential | 0.40 - 0.60 |
High-density residential | 0.55 - 0.70 |
Commercial and industrial | 0.60 - 0.90 |
Pavements, roadways, shoulders | 1.00 |
3.
Velocity Restriction.
(a)
In general, velocities in closed conduits at design flow should be at least two (2') feet per second but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than one-half (1/2') foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. For unlined earth channels the maximum velocity allowed will be two (2') feet per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made available to the Planning Board at the time of drainage review.
(b)
At transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions. These provisions may include riprapping, gabions, lining, aprons, chutes and checks, or others, all suitably detailed and approved as part of the final plat submission. For all flow of forty (40) cubic feet per second or more, tailwater depth and velocity calculations shall be submitted.
4.
Design Formulas and Friction Factors. In general, the Manning formula will be used by the Planning Board to review the adequacy of proposed drainage facilities. Other formulas may be used in particular cases with the previous agreement of the Board. A friction factor (n) of twelve-thousandths (0.012) will be used for nonporous concrete pipe. Commensurate factors will be used for other pipe types or shapes. A friction factor (n) of not less than twelve thousandths (0.012) will be used for fully lined concrete channels; a factor of not less than twenty-five thousandths (0.025) will be used for fully lined concrete channels; a factor of not less than twenty-five thousandths (0.025) will be used for fair to poor natural streams and watercourses. Commensurate factors will be used for other channel types.
5.
All drainage facilities carrying runoff from tributary areas larger than one-half (1/2) square mile must have the approval of the New Jersey Department of Environmental Protection.
6.
All encroachments of natural waterways must be referred to the New Jersey Department of Environmental Protection for approval in accordance with statute. The state may retain jurisdiction, in which case a permit will be necessary as set forth above, or may refer the matter to the County Engineer for review.
7.
All nonpipe culverts shall be designed for AASHO H20 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.
8.
Guiderails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The Planning Board may require that any open channel, other than naturally occurring streams, be fenced with chain link fencing forty-eight (48") inches high if the banks of the channel are steeper than one (1') foot vertically for every four (4') feet horizontally and either the total depth of the channel exceeds four (4') feet, or the channel would be expected to have a depth of flow greater than two (2') feet more often than once every ten (10) years. For maintenance purposes, gates may be required by the Planning Board at approximately two hundred (200') foot intervals.
9.
Storm drainage system shall be designed to include not only the proper drainage of the actual area of the specific development and the area tributary thereto but shall also include the disposal of the stormwater runoff to an adequate outlet or other means of final disposal of the stormwater, such as an ocean, river, running stream, lagoon or an existing adequate storm sewer.
10.
The use of siltation and oil separation basins with controlled outflows will be required to prevent pollution of waterways when discharge is into a lagoon, bay or other standing body of water.
11.
Whenever sump conditions occur, an analysis shall be made of the effect of the occurrence of a major storm having at least a one hundred (100) year return frequency. The effect of such a storm and the flooding limits anticipated shall be shown. Site design, grading and drainage shall anticipate such major storm and be so arranged as to prevent damage to existing or proposed structures or adjacent properties under such conditions.
i.
Special Drainage Provisions.
1.
The existing system of natural drainage within each development shall be preserved to the maximum extent possible. To this end, the Board may require the preservation of natural drainage swales, recharge area, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.
2.
Subject to review and approval by the Board, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the Board will use the following criteria:
(a)
The utilization of the natural drainage system to the fullest extent possible.
(b)
The maintenance of the natural drainage system as much as possible in its unimproved state.
(c)
When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections.
(d)
The construction of flow-retarding devices, detention areas and recharge berms to minimize runoff value increases.
(e)
Maintenance of the base flow in streams, reservoirs and ponds.
(f)
The reinforcement, improvement and/or extension of the natural drainage system to such an extent as is necessary to eliminate flooding and excess maintenance requirements.
3.
All developments or portions of total schemes of development which, based upon the preliminary plat submission, total two (2) or more acres will be expected to comply with the flood control criteria for detention or retention facilities. All developments or portions of total schemes of development are required to comply with the water quality control criteria.
The utilization of the provisions of this subsection to limit such runoff are encouraged. However, the Board may require the use of reasonable artificial methods of detention and/or recharge if it determines that natural provisions are not feasible. The Board may waive the provisions of this subsection if the nature of the development, the character of adjacent previously developed areas or other factors make the utilization of natural drainage features or runoff limiting devices inadvisable or impractical.
[Ord. No. 89-04 § 3]
Any proposed major subdivision or site plan application which indicates the presence of wetlands, either freshwater or tidal, by National Wetland Inventory Maps; elevation or site inspection, shall prepare a wetlands report and delineation by a qualified professional. If the wetlands report and delineation verify the presence of wetlands on-site, the applicant will submit a Letter Interpretation from the Department of Environmental Protection consistent with N.J.S.A. 13:9B-1 et seq. or a letter of confirmation pursuant to the Department of Environmental Protection's jurisdiction pertaining to New Jersey's Wetlands Act of 1970.
[Ord. No. 82-7 § 52; Ord. No. 88-03 § 50; Ord. No. 89-04 § 7]
These rules, regulations, and standards shall be considered the minimum requirements for the protection of the public health, safety, and welfare of the citizens of the Borough. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community. However, if the subdivider 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 Planning Board may permit such change or variation as may be reasonable and within the general purpose and intent of the rules, regulations, and standards established by this chapter. Satisfaction of major subdivision approval requirements constitutes satisfaction of site plan development requirements.
[Ord. No. 82-7 § 53; Ord. No. 88-03 § 51; Ord. No. 89-04 § 7]
a.
If, before favorable referral and final approval have been obtained, any person transfers or sells or agrees to sell as owner or agent any land which forms a part of a subdivision on which by this chapter the Planning Board or the Borough Council is required to act, such person shall be guilty of a violation, shall be subject to the penalty stated in Chapter I, Section 1-5.
b.
In addition to any other penalty for the violation of this chapter, the Borough may institute and maintain a civil action for injunctive and other relief as is provided for by the laws of the State of New Jersey.
c.
Each parcel, plot, or lot so disposed of shall be deemed a separate violation.
d.
Each day that a violation is permitted to exist shall constitute a separate offense.