[1972 Code § 95-1; Ord. No. 1098]
This chapter shall be known and may be cited as the "Land Subdivision
Regulations of the Borough of Manasquan."
[1972 Code § 95-2; Ord. No. 1098]
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Borough of Manasquan,
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
use of land and adequate provision for circulation, utilities and
services.
[1972 Code § 95-3; Ord. No. 1098]
The approval provisions of this chapter shall be administered
by the Planning Board of the Borough of Manasquan in accordance with
Chapter 291 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
[1972 Code § 95-4; Ord. No. 1098]
The rules, regulations and standards set forth in this chapter
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 such matters and to the welfare
of the entire community. However, if the applicant can clearly demonstrate
that, because of peculiar conditions pertaining to his land, the literal
enforcement of this chapter is impracticable or will exact undue hardship,
the Planning Board may permit such variances as may be reasonable,
within the general purpose and intent of the rules, regulations and
standards established by this chapter.
[1972 Code § 95-5; Ord. No. 1098]
No development permit or development certificate of occupancy shall be issued unless all improvements required by this chapter have been installed, except as noted in Section 32-6.
[1972 Code § 95-6; Ord. No. 1098]
a.
A development permit or development certificate of occupancy may
be issued if all improvements have been installed except the finish
course of the road and the Borough Engineer warrants that completion
of the road is in the Borough's interest after the subdivider has
completed construction of dwellings and structures. The maintenance
guaranty required hereafter shall not begin until the finish course
has been installed.
b.
The Planning Board may also authorize the issuance of a temporary
certificate or permit if the following improvements have been bonded
but not yet installed: landscaping, sidewalks or other similar improvements.
Prior to the issuance of more than 50% of the development certificates
of occupancy for a subdivision, all improvements shall have been constructed
or installed.
[1972 Code § 95-7; Ord. No. 1098; Ord. No. 1940-04 § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean a developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by ordinance for the approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
of the issuance of a permit.
Shall mean the Planning Board of the municipality, unless
a different agency is designated by this chapter or State Statute.
Shall mean the established elevation of the curb in front
of the building, measured at the center of such front. Where no curb
grade has been established, the Borough shall establish such curb
level or its equivalent for the purpose of this chapter.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
persons having an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels; the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure
or of any mining, excavation or landfill; and any use or change in
the use of any building or other structure or land or extension of
use of land, for which permission may be required pursuant to this
act.
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.
Shall mean the official action of the Planning Board taken
on a preliminary approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guaranties properly posted for their completion, or approval conditioned
upon the posting of such guaranties.
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 Recording Officer.
Shall mean a reference plan representing the average of finished
ground level adjoining the building at all exterior walls.
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 the completed area contained within the lot lines,
but not including any street rights-of-way.
Shall mean the distance measured along the major street line
of a lot when the sidelines of the lot are at right angles to the
street; and when the side lines are not at right angles to the street,
the distance shall be measured across said lot at right angles to
either side line, provided that the width of a lot shall not be less
than the minimum frontage required for the particular zone in which
the lot is located.
Shall mean the line separating the lot from a street.
Shall mean the lot line or lines opposite the most distant
from the front lot line.
Shall mean the horizontal distance between the side lot lines,
measured at right angles to the lot depth at a point midway between
the front and rear lot lines.
Shall mean a lot bounded by two or more streets at their
intersection.
Shall mean the main distance between the front and rear lot
lines measured in the general direction of the side lines of the lot.
Shall mean any lot other than a comer lot.
Shall mean any lot in the shape of a rectangle.
Shall mean all subdivisions not classified as minor subdivision.
Shall mean a composite of one or more written or graphic
proposals for the development of the municipality as set forth in
and adopted pursuant to Section 19 of Chapter 291 of the Laws of 1975.[1]
Shall mean a subdivision of land that does not involve the
creation of more than two lots fronting on an existing street; planned
development; any new street; or extension of any off-tract improvement
and that does not adversely affect the development of the remainder
of the parcel or adjoining property.
Shall mean a map adopted in accordance with Article 5 of
Chapter 291 of the Laws of 1975.[2]
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 any security which may be accepted in lieu of
a requirement that certain improvements be made before the Planning
Board or other approving body approves a plat, including performance
bonds, escrow agreements and other similar collateral or surety agreements.
Shall mean an area of land, controlled by a landowner, to
be developed as a single entity for a number of specified uses, the
plan for which does not correspond in lot size, bulk or type of dwelling
or commercial use, density, lot coverage and required open space to
the regulations established in any one or more districts created in
the Zoning Ordinance.[3]
Shall mean the Planning Board established pursuant to Chapter
291 of the New Jersey Public Laws of 1975.[4]
Shall mean a map or maps of a subdivision.
Shall mean the preliminary map indicating the proposed layout
of the subdivision.
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of subsection 32-13.1a of this chapter.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way which is an existing State, County or
municipal roadway; which is shown upon a plat heretofore approved
pursuant to law; which is approved by official action as provided
by this act; or which is shown on a plat duly filed and recorded in
the Office of the County Recording Officer prior to the appointment
of 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, curbs,
sidewalks, parking areas and other areas within the street lines.
For the purpose of this chapter, "streets" shall be classified as
follows:
ARTERIAL STREETSshall mean those which are used primarily for fast or heavy traffic.
COLLECTOR STREETSshall mean those which carry traffic from minor streets to the major system or arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSshall mean those which are used primarily for access to the abutting properties.
ALLEYSshall mean minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
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 or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this act if no new streets are created: divisions
of land found by the Planning Board or Subdivision Committee thereof
appointed by the Chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size; divisions of property
by testmentary or intestate provisions; divisions of property upon
Court order; and conveyances so as to combine existing lots by deed
or other instrument. The term "subdivision" shall also include the
term "resubdivision."
Shall mean a committee of at least three Planning Board members
appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
such other duties relating to land subdivision which may be conferred
on this Committee by the Board.
Shall mean permission to depart from the literal requirements of this chapter pursuant to the conditions set forth in Section 32-4.
Shall mean coastal marshlands designated as wetlands pursuant
to the Wetlands Act of 1970 (P.L. 1970, c. 272, N.J.S.A. 13:9A-1 et
seq.).
[1972 Code § 95-8; Ord. No. 1098]
Any applicant wishing to subdivide or resubdivide land within
the Borough of Manasquan shall apply for and obtain the approval of
the Planning Board in accordance with the following procedure. The
applicant or his agent shall appear at all regular meetings of the
Planning Board wherever the application is being considered. Failure
to appear shall give the Planning Board the right to postpone action
on the application for that particular meeting if applicant's or his
agent's absence deprives the Planning Board of information necessary
to make a decision.
[1972 Code § 95-9; Ord. No. 1098; Ord. No. 2180-15]
a.
Applicants for subdivision approval may attend a preapplication conference prior to submitting any application for subdivision. The fee for a preapplication conference shall be as stated in Chapter 16, Fees. The conference shall be designed to assist applicants in the expeditious processing of all applications and to provide for a mutual exchange of information. Applicants shall be informed of special problems or proposals relating to a particular site.
b.
Brief minutes of the preapplication conference shall be kept and
distributed to all Planning Board members.
[1972 Code § 95-10; Ord. No. 1098; Ord. No. 1226]
An applicant for the subdivision of land shall submit to the
Secretary of the Planning Board an application for subdivision, the
required application fee as specified herein, 10 copies of a sketch
plat and other engineering documents of the proposed subdivision at
least 21 days prior to a regular meeting of the Planning Board.
[1972 Code § 95-11; Ord. No. 1098]
The Planning Board or its Secretary shall determine if the application
is complete and, if not, inform the applicant of any deficiencies.
The Planning Board shall review the plat prior to the Planning Board
meeting and classify it as a minor or major subdivision. Subdivisions
failing to receive a unanimous vote as a minor exempt subdivision
shall be considered a major subdivision. No plat shall be classified
as a minor subdivision if it results in any remaining lands capable
of being resubdivided into one or more building lots. If classified
and approved as a minor subdivision, a notation to that effect will
be made on the sketch plat.
[1972 Code § 95-12; Ord. No. 1098]
a.
If classified as a minor subdivision, two copies of the plat shall
be retained by the Board, and copies of the plat shall be forwarded
to the following for review and comment:
b.
The applicant shall be responsible for forwarding copies of all plats
and required exhibits to the County Planning Board and should furnish
a receipt indicating the delivery to the Borough and County Planning
Board.
[1972 Code § 95-13; Ord. No. 1098]
Minor subdivision approvals shall be granted or denied by the
Planning Board within 45 days of the date of submission of a complete
application to the Planning Board Secretary or within such further
time as may be consented to by the applicant. The Planning Board shall
not approve or conditionally approve the minor subdivision prior to
receipt of comments by the above agencies or officials until 30 days
has elapsed from referral without any comments. If approved, a notation
to that effect shall be made on the plat, and it shall be signed by
the Planning Board Chairman and the Planning Board Secretary and returned
to the subdivider within one week following the next regular meeting
of the Planning Board. If rejected, the reasons for rejection shall
be noted on all copies of the application form, one of which shall
be returned to the applicant. The Planning Board may attach conditions
of approval to any minor subdivision.
[1972 Code § 95-14; Ord. No. 1098]
If approved as a minor subdivision, a plat drawn in compliance
with Chapter 141 of the Laws of 1960 or a deed clearly describing
the approved minor subdivision stamped or signed and dated by the
Planning Board Chairman and Secretary shall be filed with the County
Recording Officer within 190 days from the date of approval. Failure
to file within 190 days shall void the subdivision approval.[1]
[1]
Editor's Note: N.J.S.A. 46:23-9.9.
[1972 Code § 95-15; Ord. No. 1098]
Any lands, lots or parcels resulting from a minor subdivision
shall not be resubmitted as a minor subdivision.
[1972 Code § 95-16; Ord. No. 1098]
Before the Planning Board Secretary returns any approved minor subdivision to the subdivider, the applicant shall provide the Secretary with a certificate of filing from the County Clerk's Office. The Secretary shall distribute copies of the approved subdivision to the agencies listed in subsection 32-8.5a.
[1972 Code § 95-17; Ord. No. 1098]
The granting of minor subdivision approval shall guarantee that
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 years after the date
of minor subdivision approval, provided that the approved minor subdivision
shall have been duly recorded as provided herein.
[1972 Code § 95-18; Ord. No. 1098; Ord. No. 1226]
At least 10 black-on-white prints of the preliminary plat, together
with three completed application forms for preliminary approval, and
all fees shall be submitted to the Planning Board Secretary 21 days
prior to the Planning Board meeting at which consideration is desired.
[1972 Code § 95-19; Ord. No. 1098]
The following exhibits shall be filed with all preliminary plats:
a.
Two copies of an affidavit of ownership or a letter from the owner
authorizing submission of the plat.
b.
Two copies of a letter of intent stating the following information,
if known:
1.
Type of structure(s) to be erected.
2.
Approximate date of start of construction.
3.
Priority of construction (point or location), if appropriate.
4.
A tentative section plan for the entire subdivision indicating all
facilities, including the estimated number of lots on which final
approval will be requested for the first section.
5.
Other information as may be required by this chapter.
[1972 Code § 95-20; Ord. No. 1098]
[1972 Code § 95-21; Ord. No. 1098]
The officials and agencies shall forward their views and recommendations
in writing to the Planning Board within 30 days from the receipt of
the plat. The preliminary plat should be referred to the Subdivision
Committee for review and recommendations. The Planning Board may recommend
certain changes based on its review and the comments of other officials
and agencies. A full report of all meetings, recommendations and discussions
shall be forwarded to the Planning Board within 30 days after receipt
of the plat by the Committee. If the application is found to be deficient,
the applicant shall be notified within 45 days of submission, and
such notification shall constitute a rejection of the application.
[1972 Code § 95-22; Ord. No. 1098]
After all comments have been received or after 30 days have
elapsed and after the applicant has revised the plat to meet required
changes, the Planning Board shall, after a review of the plat and
if all requirements are met and the application is complete, set the
date for the public hearing and shall notify the subdivider of such
date.
[1972 Code § 95-23; Ord. No. 1098; Ord. No. 2180-15]
The applicant shall give notice to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property that is the subject of the hearing, by serving a copy thereof on each such owner or his agent in charge of the property or by mailing a copy thereof by certified mail to each such owner at his address as shown on the tax duplicate. Notice to a partnership owner may be given to any partner, and notice to a corporate owner may be given to its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. The Tax Assessor shall, within seven days after written request by applicant, make and certify a list from the current tax duplicate of the names and addresses of the property owners entitled to notice as aforesaid, and a fee as stated in Chapter 16, Fees, shall be charged for the list. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
[1972 Code § 95-24; Ord. No. 1098]
The notice shall state the date, time and place of the hearing,
the nature of the matters to be considered and the location and times
at which any maps and documents proposed or for which approval is
sought are available in the Office of the Planning Board Secretary.
In addition, the notice shall contain an identification of the property
proposed for development by street address, if any, or by reference
to lot and block numbers as shown on the current tax duplicate in
the Municipal Assessor's Office. Also, notice of any application shall
include reference to all requests made in conjunction therewith.
[1972 Code § 95-25; Ord. No. 1098]
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 10 days prior to the hearing.
[1972 Code § 95-26; Ord. No. 1098]
Notice shall also be given by personal service or certified
mail to the Clerk of any adjoining municipality for an application
involving property located within 200 feet of such municipality.
[1972 Code § 95-27; Ord. No. 1098]
Notice shall also be given by personal service or certified
mail to the County Planning Board for development of property adjacent
to an existing County road or a proposed road shown on the Official
County Map or County Master Plan or property adjoining other County
land or property situated within 200 feet of a municipal boundary.
[1972 Code § 95-28; Ord. No. 1098]
Notice shall also be given by personal service or certified
mail to the Commissioner of Transportation in cases of applications
for development of property adjacent to a State highway.
[1972 Code § 95-29; Ord. No. 1098]
The following shall be submitted to the Planning Board by the
applicant:
a.
Notice and Proof of Publication. Proof of compliance with this section
shall be done by affidavit of the applicant duly supported by proof
of publication from the newspaper used to advertise the hearing.
b.
Affidavit. Affidavit of notice of public hearing to persons and agencies
served, giving a list of the names, addresses and lot and block numbers
of owners so notified, how served, date of service and a copy of the
notice and mail receipt.
[1972 Code § 95-30; Ord. No. 1098]
Preliminary approval shall be granted or denied on applications
to the Planning Board for a major subdivision of 10 or fewer lots
within 45 days, and for a major subdivision of more than 10 lots within
95 days, after the date of submission of a complete application to
the Secretary of the Planning Board or within such further time as
may be consented to by the applicant.
[1972 Code § 95-31; Ord. No. 1098]
a.
The Planning Board shall act on the plat within the applicable time
period set forth in this chapter. Failure of the Planning Board to
act within the applicable time period or within a time extension mutually
agreed upon shall be considered an approval. If the Planning Board
disapproves a plat, the reasons for the disapproval shall be communicated
in writing to the applicant within 10 days of the date of the decision
and advertised as required by this chapter. No action shall be taken
until receipt of County Planning Board review or until 30 days have
elapsed from date of referral to the County Board.
b.
If substantial changes or amendments are required, such as changes
to the drainage and circulation pattern, lot configuration or number
of lots, as a result of the public hearing or of the Planning Board
deliberations, the applicant may be required to resubmit the plat
for preliminary approval.
[1972 Code § 95-32; Ord. No. 1098]
a.
The Planning Board shall approve, conditionally approve or reject
the application. Approval or conditional approval confers upon the
applicant the following rights for a three-year period from the date
of approval or conditional 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 Borough from modifying
by ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat.
b.
If either the Planning Board or County Planning Board disapproves
a plat, the reason for disapproval shall be remedied prior to further
consideration. If approval is required by any other officer or public
body, the same procedure as applies to submission to and approval
by the County Planning Board shall apply. The Planning Board may grant
conditional approval subject to the subsequent approval of other officers
or public bodies.
[1972 Code § 95-33; Ord. No. 1098]
The applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year, but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
[1972 Code § 95-34; Ord. No. 1098]
Whenever review or approval of any application by the County
Planning Board is required by Section 5 or Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3, 40:27-6.6), the municipal agency shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the County Planning Board or upon County
Planning Board approval by default for failure to report thereon within
the required time period.
[1972 Code § 95-35; Ord. No. 1098]
Each decision of a municipal agency on any subdivision application
shall be in writing and shall include findings of fact and conclusions
based thereon.
[1972 Code § 95-36; Ord. No. 1098]
A copy of each decision shall be mailed by the Planning Board,
within 10 days after the date of decision, to the applicant or, if
represented, then to his attorney, without separate charge, and to
all others upon request, for a reasonable fee.
[1972 Code § 95-37; Ord. No. 1098]
A copy of each decision shall also be filed by the municipal
agency in the Office of the Planning Board Secretary, who shall make
a copy of the filed decision available to any interested party for
a reasonable fee and available for public inspection at his office
during reasonable hours.
[1972 Code § 95-36; Ord. No. 1098]
A brief notice of each decision shall be published by the Planning
Board Secretary, and the municipality may make a reasonable charge
for such publication. The applicant also may cause such publication
to be made if he so desires. The time for approval from the decision
shall run from the first publication, whether made by the administrative
officer or the applicant.
[1972 Code § 95-39; Ord. No. 1098; Ord. No. 1226]
a.
The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plan approval or within such extension as provided herein. One original tracing, one translucent cloth copy, two cloth prints and 10 black and white prints with three copies of an application for final approval and the appropriate fees as required in subsection 32-21.1 herein shall be submitted to the Secretary of the Planning Board at least 21 days prior to the regular meeting of the Planning Board.
b.
Unless the preliminary plat was approved without changes, the final
plat shall have incorporated all changes or modifications required
by the Planning Board, including conditions of preliminary approval.
The applicant shall submit an affidavit indicating no changes or those
changes noted.
[1972 Code § 95-40; Ord. No. 1098; New]
The following exhibits shall accompany the application for final
approval, in addition to any other exhibits that may have been required
by the Board as a condition of final approval:
a.
Borough Engineer. A letter from the Borough Engineer indicating:
1.
The Engineer is in receipt of a map showing all utilities in exact
location and elevation, identifying those portions already installed
and those to be installed.
2.
The subdivider has either completed the installation of all improvements
in accordance with the requirements of this chapter or posted with
the Municipal Clerk a performance guaranty in an amount sufficient
to cover the cost of all improvements herein or incompleted portions
thereof as estimated by the Borough Engineer, assuring the installation
of such improvements on or before an agreed date.
3.
All items and amounts required for the corporate surety maintenance
guaranty.
4.
The final plat conforms to the preliminary plat as submitted and
approved.
b.
Tax Collector. A letter from the Tax Collector indicating that all
taxes and assessments for local improvements have been paid to date
on the property.
c.
Clerk.
1.
A letter from the Municipal Clerk indicating that the amount, form
and content of the maintenance guaranty have been accepted by the
Governing Body.
2.
A letter from the Chief Financial Officer, where appropriate, pursuant
to this chapter, indicating that monies as provided therein have been
paid to the Borough as reimbursement for engineering inspection costs
of improvement construction or installation incurred since preliminary
approval.
[1972 Code § 95-41; Ord. No. 1098; New]
Copies of the final plat shall be distributed to the following:
[1972 Code § 95-42; Ord. No. 1098]
Final approval of major subdivisions shall be granted or denied
on applications made to the Planning Board within 45 days after the
date of submission of a complete application to the Secretary of the
Planning Board or within such further time as may be consented to
by the applicant. If the Planning Board approves the final plat, a
notation to that effect shall be made on each plat, signed by the
Chairman and Secretary of the Planning Board. Failure of the Planning
Board to act within the allotted time or a mutually agreed upon extension
shall be deemed to be favorable approval and the Municipal Clerk shall
issue a certificate to that effect.
[1972 Code § 95-43; Ord. No. 1098]
Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-6.2 shall be forwarded to the County Planning Board for its action. The Planning Board may grant final approval subject to approval by the County Planning Board as provided in subsection 32-10.17.
[1972 Code § 95-44; Ord. No. 1098]
The final plat approval shall be filed by the subdivider with
the County Recording Officer within 95 days from the date of such
approval. If any final plat is not filed within that period, the approval
shall expire. For good cause, the Planning Board may extend the time
for the filing of the plat for an additional period not to exceed
95 days. No plat shall be accepted for filing by the Clerk of the
County of Monmouth unless it has been duly approved by the Borough
of Manasquan Planning Board and signed by its Chairman and Secretary.
[1972 Code § 95-45; Ord. No. 1098]
The granting of final approval shall guarantee to the applicant
that the zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed for a period of two
years after the date of final approval, provided that these rights
shall expire if the plat has not been duly recorded within the prescribed
time period.
[1972 Code § 95-46; Ord. No. 1098]
If the developer has followed the standards prescribed for final
approval and has duly recorded the plat as required by this chapter,
the Planning Board may extend such period of protection for extensions
of one year but not to exceed three extensions. Notwithstanding any
other provisions of this chapter, the granting of final approval terminates
the time period of preliminary approval for the section granted final
approval.
[1972 Code § 95-47; Ord. No. 1098]
Each decision of a municipal agency on any subdivision application
shall be in writing and shall include findings of fact and conclusions
based thereon.
[1972 Code § 95-48; Ord. No. 1098]
A copy of each decision shall be mailed by the Planning Board
agency, within 10 days after the date of decision, to the applicant
or, if represented, then to his attorney, without separate charges,
and to all others upon request, for a reasonable fee.
[1972 Code § 95-49; Ord. No. 1098]
A copy of each decision shall also be filed by the municipal
agency in the Office of the Planning Board Secretary, who shall make
a copy of the filed decision available to any interested party for
a reasonable fee and available for public inspection at his office
during reasonable hours.
[1972 Code § 95-50; Ord. No. 1098]
A brief notice of each decision shall be published by the Planning
Board Secretary, and the municipality may make a reasonable charge
for such publication. The applicant also may cause such publication
to be made if he so desires. The time for appeal from the decision
shall run from the first publication, whether made by the administrative
officer or the applicant.
[1972 Code § 95-51; Ord. No. 1098]
a.
Sketch Plat. The sketch plat shall be based on Tax Map information
or some other similarly accurate base at a scale (preferable not less
than 100 feet to the inch) to enable the entire tract to be shown
on one sheet and shall show or include the following information:
1.
The location of that portion which is to be subdivided in relation
to the entire tract.
2.
All existing structures and wooded areas within the portion to be
subdivided and within 200 feet thereof.
3.
The name of the owner and all adjoining property owners as disclosed
by the most recent municipal tax records.
4.
The Tax Map sheet, block and lot numbers.
5.
All streets or roads and streams within 500 feet of the subdivision.
b.
Preliminary Plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designated and drawn by a licensed (New Jersey) land surveyor. The plat shall be designed in compliance with the provisions of subsection 32-10.1 of this chapter and shall show or be accompanied by the following information:
1.
A key map showing the entire subdivision and its relation to surrounding
areas.
3.
Acreage of tract to be subdivided to nearest 1/10 of an acre.
4.
Sufficient elevations or contours to determine the general slope
and natural drainage of the land and the high and low points and tentative
cross sections and center-line profiles for all proposed new streets,
including any necessary drainage.
5.
The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drainpipes and any natural
features such as wooded areas, rock formations and wetlands.
6.
Plans of proposed utility layouts (sewers, storm drains, water, gas
and electricity), showing feasible connections to existing or any
proposed utility systems. When an individual water supply and/or sewerage
disposal system is proposed, the plan for such must be approved by
the appropriate local, County or State health agency. Any subdivision
or part thereof which does not meet with the established requirements
of this chapter or other applicable regulations shall not be approved.
7.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
8.
The plat shall show the base flood elevation for the property in
question as established by the Flood Hazard Boundary Map of the Borough
of Manasquan.
c.
Final Plat.
1.
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals 50 feet and in compliance with all
the provisions of Chapter 141 of the Laws of 1960. The final plat
shall show or be accompanied by the following:[1]
(a)
Date, name and location of the subdivision, name of owner, graphic
scale and reference meridian.
(b)
Tract boundary lines, right-of-way lines of streets, street
names, easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines with accurate dimensions,
bearing or deflection angles and radii, arcs and central angles of
all curves.
(c)
The purpose of any easement or land reserved or dedicated to
public use shall be designated and the proposed use of sites other
than residential shall be noted.
(d)
Each block shall be numbered, and the lots within each block
shall be numbered consecutively beginning with No. 1.
(e)
Minimum building setback line on all lots and other sites.
(f)
Location and description of all monuments.
(g)
Names of owners of adjoining unsubdivided land.
(h)
Certification by a surveyor as to accuracy of details of the
plat.
(i)
Certification that the applicant is owner of the land or that
the owner has given consent under an option agreement.
(j)
When approval of a plat is required by any officer or body of
such a municipality, County or State, approval shall be certified
on the plat.
(k)
Profiles and typical sections of streets approved by the Municipal
Engineer may be required to accompany the final plat.
(l)
Contours at five foot intervals for slopes averaging 10% or
greater and at two foot intervals for land of lesser slope.
(m)
Plans and profiles of storm and sanitary sewers and water mains.
[1]
Editor's Note: N.J.S.A. 46:23-9.9.
[1972 Code § 95-52; Ord. No. 1098]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof:
a.
Development Pattern. The subdivision plat shall conform to design
standards that will encourage the most appropriate development pattern
within the Borough.
b.
Reservation of Public Areas. If the Master Plan or the Official Map
provides for the reservation of designated streets, public drainageways
or other public areas within the proposed development, before approving
a subdivision the Planning Board may further require that such streets
or areas be shown on the plat in locations and sizes suitable to their
intended uses. The Planning Board may reserve the location and extent
of such streets, ways or public areas shown on the plat for a period
of one year after the approval of the final plat or for such further
time as may be agreed to by the developer. Unless during such period
or extension thereof the Borough shall have entered into a contract
to purchase or institute condemnation proceedings according to law
for the fee or a lesser interest in the land comprising such streets,
ways or public areas, the developer shall not be bound by such reservations
shown on the plat and may proceed to use such land for private use
in accordance with applicable development regulations. The provisions
of this section shall not apply to the streets and roads, flood control
basins or public drainageways necessitated by the subdivision or land
development and required for final approval.
c.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation, provided that determination of such fair market
value shall include but not be limited to consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
[1972 Code § 95-54; Ord. No. 1098; New]
a.
Streets.
1.
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 and, where necessary in order to promote the orderly flow
of traffic and for the safety, welfare and convenience of the public,
shall be such as to provide for the appropriate extensions to adjoining
properties.
2.
Minor streets shall be designed so as to discourage through traffic.
3.
The right-of-way width shall be measured to the lot line and shall
not be less than the following:
(a)
Arterial streets: 80 feet.
(b)
Collector streets: 60 feet.
(c)
Minor streets: 50 feet.
(d)
The right-of-way width for internal roads and alleys in multifamily,
commercial, industrial and planned unit developments shall be determined
on an individual basis and shall in all cases be of sufficient width
and design to safely accommodate the maximum traffic, parking and
loading needs and maximum access for firefighting equipment.
(e)
Cul-de-sac or dead-end turnarounds. Cul-de-sac or dead-end turnarounds
shall have a minimum radius of 40 feet in the curb, right-of-way minimum
of 50 feet and pavement width of 18 to 24 feet. Landscaped islands
shall be provided where required by the Planning Board.
4.
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in the Governing Body under conditions
approved by the Planning Board.
5.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this chapter shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
6.
Grades of arterial and collector streets shall not exceed 4%. Grades
on other streets shall not exceed 10%. No street shall have a minimum
grade of less than 1/2 of 1%.
7.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the curbline with a curve having a radius of not
less than 20 feet and shall have a clear sight triangle of not less
than 30 feet.
8.
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
9.
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45°, they shall be connected
by a curve with a radius of not less than 100 feet for minor streets
and 300 feet for arterial and collector streets.
10.
All changes in grade shall be connected by vertical curves with a
rate of change not to exceed 4% per 10 feet of road.
11.
Maximum grade within any intersection shall not exceed 3% and approaches
to any intersection shall follow a straight course within 100 feet
of the intersection.
12.
No street shall have a name which will duplicate or nearly duplicate
so as to be confused with the names of existing streets. The continuation
of an existing street shall have the same name.
13.
Sidewalks. Sidewalks, where required, shall be a minimum of four
feet in width.
14.
Traffic Signs and Control Devices. These improvements, such as stop,
yield and one-way signs, etc., shall be designed and installed in
accordance with applicable Federal, State and County regulations.
Recommendations as to their installation may be made by the Police
Department or other competent agency.
b.
Blocks.
2.
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Planning Board. Such walkway
shall be 10 feet wide and be straight from street to street.
3.
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
4.
New block numbers shall be assigned by the Tax Assessor in the manner
provided by N.J.A.C. 18:23A-1.9.
c.
Lots.
2.
Insofar as practical, side lot lines shall be at right angles to
straight streets and radial to curved streets.
3.
Each lot must front upon an approved street which is at least 50 feet in width, except lots fronting on streets described in subsection 32-16.1a3(d) of this chapter.
4.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra-width line, and all setbacks shall
be measured from such line.
5.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances, the Planning Board may, after
adequate investigation, withhold approval of such lots.
6.
New lot numbers shall be assigned by the Tax Assessor in the manner
provided by N.J.A.C. 18:23A-1.10(g).
d.
Public Use and Service Areas.
1.
In a large-scale development, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the
companies or municipal departments concerned.
2.
Where a subdivision is traversed by a watercourse, drainageway channel
or street, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with width or construction or
both, as will be adequate for the purpose.
3.
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
e.
Drainage facilities shall be designed and located so as to minimize
flood damage. New utilities shall be located and designed so as to
eliminate flood damage and to minimize or eliminate infiltration of
floodwater into sewage and water systems. The stormwater disposal
system shall include all or some of the following: curbs, catch basins,
culverts, pipes, stormwater drains, swales, drainage rights-of-way,
ditches, channel improvements, riprap, retention and detention basins,
or combinations of all or some of the above where appropriate. It
may also include ground cover seeding, trees, shrubs, bushes and vegetation.
f.
Sanitary Sewage Disposal. A sanitary waste disposal system shall
include all or some of the following: pipes and necessary appurtenances,
such as manholes, handholes, pumping stations, drainage tiles, valves
and siphons.
g.
Water. A water system shall include all or part of the following:
pipes and necessary appurtenances of sufficient size, material and
capacity, pumps, valves, pumping stations, standpipes and fire hydrants.
Fire hydrants shall be of a design and type approved by the Borough
and shall be installed in accordance with Borough requirements.
h.
Private Utilities. Gas lines, telephone lines, electrical services,
cable television and similar utilities when installed shall consist
of those elements required by the applicable utility, Federal, State
or local law.
i.
Natural Improvements. These improvements shall include all or some
of the following: shade trees, topsoil, earth removal, borrow and
fill, improvements to prevent erosion and landslides and improvements
to prevent damage to adjacent property and to protect vistas and existing
natural growth.
j.
Monuments. Monuments shall be of such size and shape and properly
located as required by the Map Filing Law.
k.
Shade Trees. Shade trees are to be provided in accordance with requirements
of the Manasquan Shade Tree Commission.
l.
Topsoil Protection. 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 six inches of cover to
all areas of the subdivision and shall be stabilized by seeding or
planting.
m.
Grades. All construction stakes and grades shall be set by a licensed
land surveyor in the employ of the subdivider, developer or contractor.
One copy of all cut sheets, signed by a land surveyor or professional
engineer, shall be filed with the Borough Engineer 24 hours prior
to the commencement of any construction.
n.
Streetlights. Streetlights shall be installed as required by the
Planning Board.
o.
Disposal of Dead Trees, Litter, Building Materials. Developed areas
shall be cleared of all stumps, litter, rubbish, brush, weeds, dead
and dying trees, roots and debris, and excess or scrap building materials
shall be removed or destroyed immediately upon the request of and
to the satisfaction of the Building Inspector prior to issuing an
occupancy permit.
p.
During Construction. During construction, the site shall be maintained
and left each day in a safe and sanitary manner, and any condition
which could lead to personal injury or property damage shall be immediately
corrected by the developer upon an order by the Building Inspector
or other authorized personnel.
[1972 Code § 95-54; Ord. No. 1098]
Prior to the start of the construction or installation of such
improvements, the developer shall advise the Borough Engineer 24 hours
prior to the commencement of such work. No underground installation
shall be covered until inspected and approved by the appropriate official.
If, during installation of any of the required improvements, the developer
fails to meet specification requirements or to correct unacceptable
work, the developer shall be notified in writing, by certified mail,
that the developer has failed to comply with specifications or to
correct unacceptable work properly, and the notice shall set forth
in detail what has not been properly installed. If, within 10 days
after mailing of such notice, the developer has failed to perform
in accordance with the notice, the Borough shall then cause the notice
of failure to comply to be served upon the developer, and a copy shall
be sent to the Governing Body and Planning Board.
[1972 Code § 95-55; Ord. No. 1098]
Prior to or during construction, the Borough Engineer may require
the installation or construction of improvements to prevent or correct
temporary conditions on the site which could cause personal injury,
damage to property or constitute a health hazard. These conditions
may result from erosion and landslide, flooding, heavy construction,
traffic, creation of steep grades and pollution. Improvements may
include berms, mulching, sediment traps, detention and retention basins,
grading, plantings, retaining walls, culverts, pipes, guardrails,
temporary roads and others appropriate to the specific condition.
All temporary improvements shall remain in place and in operation
until otherwise directed by the Borough Engineer.
[Ord. No. 1975-06; Ord. No. 1993-07; Ord.
No. 2008-07; 3-1-2021 by Ord. No. 2334-2021; repealed and replaced 7-1-2024 by Ord. No. 2427-24]
[Added 7-1-2024 by Ord.
No. 2427-24]
a.
Policy Statement.
Flood control, groundwater recharge, and pollutant reduction
shall be achieved through the use of stormwater management measures,
including green infrastructure Best Management Practices (GI BMPs)
and nonstructural stormwater management strategies. GI BMPs should
be utilized to meet the goal of maintaining natural hydrology to reduce
stormwater runoff volume, reduce erosion, encourage infiltration and
groundwater recharge, and reduce pollution. GI BMPs should be developed
based upon physical site conditions and the origin, nature and the
anticipated quantity, or amount, of potential pollutants. Multiple
stormwater management BMPs may be necessary to achieve the established
performance standards for green infrastructure, water quality, quantity,
and groundwater recharge.
b.
Purpose. The purpose of this ordinance is to establish minimum stormwater
management requirements and controls for "major development," as defined
below in Section II.
c.
Applicability.
1.
This section shall be applicable to the following major developments:
2.
This section shall also be applicable to all major developments undertaken
by the Borough of Manasquan.
3.
Applicability of this section to major developments shall comply
with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
d.
Compatibility with Other Permit and Ordinance Requirements.
Development approvals issued pursuant to this ordinance are
to be considered an integral part of development approvals and do
not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
code, rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
[Added 7-1-2024 by Ord.
No. 2427-24]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this ordinance clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions used in this section shall
be the same as the last amended Stormwater Management Rules at N.J.A.C.
7:8-1.2, incorporated herein by reference.
[Added 7-1-2024 by Ord.
No. 2427-24]
a.
Measures.
This section establishes design and performance standards for
stormwater management measures for major development intended to minimize
the adverse impact of stormwater runoff on water quality and water
quantity and loss of groundwater recharge in receiving water bodies.
Design and performance standards for stormwater management measures
shall comply with last amended N.J.A.C. 7:8-5, incorporated herein
by reference.
[Added 7-1-2024 by Ord.
No. 2427-24]
a.
Site design features identified under subsection 32-17.3 above, or alternative designs in accordance with subsection 32-17.3 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inches across the smallest dimension. Note that the Residential
Site Improvement Standards at N.J.A.C. 5:21 include requirements for
bicycle safe grates.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
2.
The standard in paragraph a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in the last amended Stormwater Management rules at N.J.A.C. 7:8 et
seq. are conveyed through any device (e.g., end of pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed,
at a minimum, to prevent delivery of all solid and floatable materials
that could not pass through one of the following:
(1)
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inches.
|
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
|
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 7-1-2024 by Ord.
No. 2427-24]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin. Safety standards
for stormwater management measures shall comply with last amended
N.J.A.C. 7:8-6, incorporated herein by reference.
b.
Safety Ledge Illustration.
|
Elevation View — Basin Safety Ledge Configuration
 |
[Added 7-1-2024 by Ord.
No. 2427-24]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject
to this section, the applicant shall submit all of the required components
of the Checklist for the Site Development Stormwater Plan at paragraph
c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this ordinance.
3.
The applicant shall submit three copies of the materials listed in
the checklist for site development stormwater plans in accordance
with Section VI.C of this ordinance.
b.
Site Development Stormwater Plan Approval.
The applicant's Site Development project shall be reviewed
as a part of the review process by the municipal board or official
from which municipal approval is sought. That municipal board or official
shall consult the municipality's review engineer to determine
if all of the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this ordinance.
c.
Submission of Site Development Stormwater Plan.
The following information shall be required:
1.
Topographic Base Map.
The reviewing engineer may require upstream tributary drainage
system information as necessary. It is recommended that the topographic
base map of the site be submitted which extends a minimum of 200 feet
beyond the limits of the proposed development, at a scale of one inch
equals 200 feet or greater, showing two-foot contour intervals. The
map as appropriate may indicate the following: existing surface water
drainage, shorelines, steep slopes, soils, erodible soils, perennial
or intermittent streams that drain into or upstream of the Category
One waters, wetlands and flood plains along with their appropriate
buffer strips, marshlands and other wetlands, pervious or vegetative
surfaces, existing man-made structures, roads, bearing and distances
of property lines, and significant natural and manmade features not
otherwise shown.
2.
Environmental Site Analysis.
A written and graphic description of the natural and man-made
features of the site and its surroundings should be submitted. This
description should include a discussion of soil conditions, slopes,
wetlands, waterways and vegetation on the site. Particular attention
should be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
3.
Project Description and Site Plans.
A map (or maps) at the scale of the topographical base map indicating
the location of existing and proposed buildings roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations will occur in the natural terrain and
cover, including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan.
This plan shall provide a demonstration of how the goals and standards of § 32-17.3 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map.
The following information, illustrated on a map of the same
scale as the topographic base map, shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 32-17.3.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan.
The design and planning of the stormwater management facility shall meet the maintenance requirements of § 32-17.7.
8.
Waiver from Submission Requirements.
The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 32-17.6c1 through § 32-17.6c6 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 7-1-2024 by Ord.
No. 2427-24]
b.
General Maintenance.
1.
Maintenance for stormwater management measures shall comply with
last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
2.
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater
management facilities that are dedicated to and accepted by the municipality
or another governmental agency, subject to all applicable municipal
stormwater general permit conditions, as issued by the Department:
(a)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation; and
(b)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
3.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 7-1-2024 by Ord.
No. 2427-24]
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to the following penalties:
[1972 Code § 95-56; Ord. No. 1098]
In lieu of certified completion of all required site improvements,
before recording final subdivision plats or as a condition of final
site plan approval, the Planning Board shall require and accept, in
accordance with the standards adopted herein, for the purpose of assuring
the installation and maintenance of both on-tract and off-tract public
improvements and landscaping:
a.
The furnishing of a performance guaranty in favor of the municipality
in an amount not to exceed 120% of the cost of installation for improvements,
as estimated by the Borough Engineer, 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, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water
mains, culverts, storm sewers, sanitary sewers or other means of sewage
disposal, drainage structures, erosion control and sedimentation control
devices, public improvements of open space and other on-site improvements
and landscaping.
b.
Provision for a maintenance guaranty to be posted with the Municipal
Clerk for a period not to exceed two years after final acceptance
of the improvement, in an amount not to exceed 15% 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 of maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the municipality for such
utilities or improvements.
1.
The amount of any performance guaranty may be reduced by the Planning
Board by resolution when portions of the improvements have been certified
by the Borough Engineer to have been completed. The time allowed for
installation of the improvements for which the performance guaranty
has been provided may be extended by the body by resolution.
2.
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 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.
3.
When all of the required improvements have been completed, the obligor
shall notify the Planning Board, in writing, by certified mail addressed
in care of the Municipal 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 Planning Board indicating
either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejections. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
4.
The Planning Board 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, by certified mail, of the
contents of the report and the action of the Planning Board with relation
thereto, not later than 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 Planning Board to send or provide such notification to the
obligor within 65 days shall be deemed to constitute approval of the
improvements and the obligor and surety, if any, shall be released
from all liability, pursuant to such performance guaranty.
5.
If any portion of the required improvements is rejected, the Planning
Board may require the obligor to complete such improvements, and,
upon completion, the same procedure of notification, as set forth
in this section shall be followed.
6.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Planning Board or the Borough Engineer.
7.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements and for costs of the Municipal Attorney for services
rendered to the Borough in this regard.
[1972 Code § 95-57; Ord. No. 1098]
Developers shall be required, as a condition for approval of
a subdivision, to pay their pro rata share of the cost of providing
reasonable and necessary street improvements and water, sewerage and
drainage facilities and easements therefor located outside the property
limits of the subdivision but necessitated or required by construction
or improvements within the subdivision. The following criteria shall
be utilized in determining a developer's proportionate or pro rata
share of necessary off-tract improvements.
[1972 Code § 95-58; Ord. No. 1098]
In cases where the reasonable and necessary need for an off-street
improvement or improvements is necessitated or required by the proposed
development application and when no other property owners receive
a special benefit thereby, the applicant may be required, as a condition
of approval, at the applicant's sole expense, to provide for and construct
such improvements as if such were an on-tract improvement in the manner
provided hereafter and otherwise provided by law.
[1972 Code § 95-59; Ord. No. 1098]
In cases where the need for any off-tract improvement is necessitated
by the proposed subdivision application and where it is determined
that properties outside the subdivision will also be benefited by
the improvement, the following criteria shall be utilized in determining
the developer's proportionate share of such improvements:
a.
Sanitary Sewers. For distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers
and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
1.
The capacity and the design of the sanitary sewer system shall be
based on Rules and Regulations for the Preparation and Submission
of Plans for Sewerage Systems, New Jersey Department of Environmental
Protection, and all Manasquan Borough sewer design standards, including
infiltration standards, and all other Manasquan Borough water drain
standards.
2.
Developer's Pro Rata Share.
(a)
The capacity of the existing system to service the entire improved
drainage area shall be computed. If the system is able to carry the
total developed drainage basin, no improvement or enlargement cost
will be assigned to the developer. If the existing system does not
have adequate capacity for the total developed drainage basin, the
prorated enlargement or improvement share shall be computed as follows:
|
Total enlargement or improvement cost
Developer's cost
|
=
|
Total tributary gallons per day
Development gallons per day
|
(b)
If it is necessary to construct a new system in order to develop
the subdivision, the enlargement share to the developer shall be computed
as follows:
|
Total project cost
Developer's cost
|
=
|
Total tributary gallons per day to new system
Development tributary gallons per day
|
(c)
The plans for the improved system or extended system shall be
prepared by developer's engineer. All work shall be calculated by
the developer and approved by the Borough Engineer.
b.
Roadways. For street widening, alignment channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvement uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be determined as follows:
1.
The Borough Engineer shall provide the applicant's engineer with
the existing and anticipated peak-hour flows for the off-tract improvements.
2.
The applicant shall furnish a plan for the proposed off-tract improvement,
which shall include the estimated peak-hour traffic generated by the
proposed development. The ratio of the peak-hour traffic generated
by the proposed development to the future peak-hour traffic shall
form the basis of the proportionate share. The prorated share shall
be computed as follows:
|
Total cost of the roadway improvement and/or extension
Developer's cost
|
=
|
Future peak-hour traffic
Future peak-hour traffic generated by the development
|
c.
Drainage Improvements. For stormwater and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, riprap or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
applicant's proportionate share shall be determined as follows:
1.
The capacity and the design of the drainage system to accommodate
stormwater runoff shall be based on a method described in Urban Hydrology
for Small Watershed Technical Release 55, Soil Conservation Service,
United States Department of Agriculture, January 1975, as amended,
and shall be computed by the developer's engineer and approved by
the Borough Engineer.
2.
The capacity of the enlarged, extended or improved system required
for the subdivision and areas outside of the developer's tributary
to the drainage system shall be determined by the developer's engineer,
subject to approval of the Borough Engineer. The plans for the improved
system shall be prepared by the developer's engineer and the estimated
cost of the enlarged system calculated by the Borough Engineer. The
prorated share for the proposed improvement shall be computed as follows:
|
Total enlargement or improvement cost of drainage
facilities
Developer's cost
|
=
|
Total tributary cubic feet per second
Development cubic feet per second
|
d.
Escrow Accounts. Where the proposed off-tract improvement is to be
undertaken at some future date, the monies required for the improvement
shall be deposited to the credit of the Borough in a separate account
until such time as the improvement is constructed. If the off-tract
improvement is not begun with 10 years of deposit, all monies and
interest shall be returned to the applicant.
e.
Computation of Pro Rata Share. In any case in which an applicant
shall not provide the approving authority with the estimates of a
traffic consultant engineer with regard to estimated improvement costs
and all other information necessary to proportion costs, the approving
authority may rely on the estimates of the Borough Engineer in order
to prorate costs.
[1972 Code § 95-60; Ord. No. 1098; Ord. No. 1280]
Fees, charges and regulations for the review of subdivision applications are established under Chapter 31, Planning Board, of the Code of the Borough of Manasquan.
[1972 Code § 95-61; Ord. No. 1098]
No application shall be considered by the Planning Board unless
the applicant shall submit proof from the Office of the Tax Collector
that no taxes or assessments for local improvements are due or delinquent
on the property for which any development application is made.[1]
[1972 Code § 95-62; Ord. No. 1098; Ord. No. 1304; N.J.S.A.
40:55D-55]
a.
If, before favorable referral and final approval by the Planning
Board has been obtained, any person, firm or corporation transfers,
sells or agrees to sell, except pursuant to an agreement expressly
conditioned on final subdivision approval, as owner or agent, any
land which forms a part of a subdivision on which, by ordinance, the
Planning Board is required to act, such person, firm or corporation
shall be subject to the penalty prescribed by N.J.S.A. 40:55D-55.
Each parcel, plot or lot so disposed of shall be deemed a separate
offense and each day that such violation exists shall constitute a
separate offense.
b.
In addition to the foregoing, the municipality may institute and
maintain a civil action:
1.
For injunctive relief.
2.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued
in accordance with Section 44 of Chapter 291 of the Laws of 1975,
but only if the Borough Planning Board has adopted by ordinance standards
and procedures in accordance with Section 29 of Chapter 291 of the
Laws of 1975.[1], [2]
c.
In any such action the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the subdivider or his assigns
or successors, to secure the return of any deposit made or purchase
price paid, and also a reasonable search fee, survey expense and title
closing expenses, if any. Any such action must be brought within two
years after the date of the recording of the instrument of transfer,
sale or conveyance of the land or within six years, if unrecorded.
[1972 Code § 95-63; Ord. No. 1098]
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 of Manasquan. 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 or more of
these regulations is impracticable or will exact undue hardship, the
Planning Board may permit such variance or variances as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter.
[1972 Code § 95-64; Ord. No. 1098]
In the event of a conflict between this chapter and any other
ordinance, such as a Construction Code, Housing Code or Licensing
Ordinance, the ordinance requiring the more restrictive regulation
or the one requiring the higher set of standards shall apply.[1]
[1972 Code § 95-65; Ord. No. 1098]
Nothing in this chapter shall require any change in the plans,
construction, size or designated use of any building, structure or
part thereof for which any construction permit has been granted before
the enactment of this chapter, provided that construction for such
plans shall have been started within 60 days of enactment of this
chapter and shall be diligently pursued to completion.
[1972 Code § 95-66; Ord. No. 1098]
Chapter 95, Subdivision of Land, (adopted on May 11, 1959 as
Ordinance No. 701) of the Code of the Borough of Manasquan is hereby
repealed. All other ordinances or parts of ordinances which are inconsistent
herewith are repealed, but only to the extent of such inconsistency.
