Editor's Note: Former Chapter 15, Land Development, previously codified herein, was amended in its entirety by Ordinance No. 92-33. New Chapter 15, Land Use Procedures and Development has been codified in a separate volume. Prior ordinance history includes portions of Ordinance Nos. 81-2, 83-8, 83-11, 83-22, 84-14, 86-1, 86-6, 86-22, 87-21, 87-24, 88-2, 88-4, 88-8, 88-16, 88-28, 88-12, 89-10, 89-18, 89-22, 90-15, 90-22, 91-20, 92-1, 92-5 and 92-11.
[Ord. No. 92-33]
This chapter shall be known and may be cited as the "Land Use
Procedures and Development Ordinance of the Township of Warren."
[Ord. No. 92-33]
The purpose of this chapter shall be to provide procedure, rules,
regulations and standards to guide land subdivision and site development
in the Township of Warren in order to promote the public health, safety,
convenience and general welfare of its inhabitants. It shall be administered
to insure the orderly growth and development, the conservation, protection
and proper use of land and adequate provision for circulation, utilities
and services. Specifically, it is the intent and purpose of this chapter
to:
a.
Guide the appropriate development of all lands in this Township in
a manner which will promote the public health, safety, morals and
general welfare.
b.
Secure safety from fire, flood, panic and other natural and man-made
disasters.
c.
Provide adequate light, air and open space.
d.
Ensure that the development of this Township does not conflict with
the development and general welfare of neighboring municipalities,
the County of Somerset and the State as a whole.
e.
Promote the preservation of the environment.
f.
Encourage the appropriate and efficient expenditure of public funds.
g.
Encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight.
h.
Promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
i.
Promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper development of land.
j.
Encourage coordination of various public and private procedures and
activities shaping land development with a view of lessening the cost
of such development and to the more efficient use of resources.
k.
Encourage the control of surface water runoff, encourage the control
of soil erosion and sedimentation and to prevent flooding and other
damage to land.
l.
Promote the utilization of renewable energy sources.
m.
Promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste through the use of planning practices
designed to incorporate the State Recycling Plan goals and to complement
municipal programs.
[Ord. No. 92-33; Ord. No. 2000-26, § 1; Ord. No. 06-31, § 1; Ord. No. 10-07, § I; Ord. No. 11-09, § 1]
For purposes of this chapter, unless the context clearly indicates
a different meaning, the following terms have the meanings indicated:
A building separate from the principal building on the same
lot.
A soil which, upon exposure to the atmosphere, becomes more
acid and, as a result of its composition, continues to release additional
acidity to surrounding soils, percolation groundwater and runoff water.
The type of business or use conducted upon a parcel of land.
For the Planning Board, the Planning Board Clerk, and for
the Zoning Board of Adjustment, the Zoning Board of Adjustment Clerk.
A change in the supporting members of building or structure;
an addition, diminution or conversion of a building or a part thereof;
or removal of building from one location to another.
A request for review of Township Officer's decision by the
Planning Board or Board of Adjustment in his interpretation of any
provision of this chapter or review of the Planning Board's or Board
of Adjustment's grant of development permit or variance by the Township
Committee.
A developer or owner submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of a sketch plat, preliminary major subdivision,
preliminary site plan, final site plan, conditional use, zoning variance
or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-3
or N.J.S.A. 40:55-36.
The Planning Board, the Zoning Board of Adjustment or the
Township Committee, when acting pursuant to the authority of this
chapter, unless a different agency is designated by this chapter.
A designated AO or VO Zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one to three feet; a clearly
defined channel does not exist; the path of flooding.
The land in the flood plain within the Township subject to
a 1% or greater chance of flooding in any given year.
The flood having a 1% chance of being equalled or exceeded
in any given year.
An interior space or portion of an interior space having
a floor level more than two feet below the outside elevation of ground
at the foundation wall and having a ceiling height of not less than
seven feet.
Any path separate from vehicular travel or a route clearly
defined along a public right-of-way for exclusive use by bicycles.
The Board established pursuant to this chapter.
A wall that is not part of the structural support on the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
The vertical distance from the finished grade to the top
of the highest roof beams on a flat or shed roof, the deck level on
a mansard roof, and the average distance between the eaves and the
ridge level for gable, hip and gambrel roofs.
A cable television company as defined pursuant to N.J.S.A.
48:5A-3.
A governmental acquisition of real property or major construction
project.
A change from permitted use to one not permitted under the zoning provisions (Chapter 16).
The bed of stream, river, brook or spring which conveys water
most of the time.
Systems, structures, and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, 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.
Any grouping of buildings in close physical proximity to
each other, usually arranged around a common feature, such as courtyard
or open space.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvement as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An application form completed as specified by this chapter
and the rules and regulations of the board or agency before which
the application is to be presented and all accompanying documents
required by ordinance for approval of the application for development,
including, where applicable, but not limited to a site plan or subdivision
plat. The board or agency may require such additional information
not specified in this chapter or any revisions in the accompanying
documents as are reasonably necessary to make an informed decision
on the development application. The application shall not be deemed
incomplete for lack of such additional information or any revisions
in the accompanying documents so required by the municipal board or
agency. An application shall be certified as complete upon the meeting
of all requirements specified in the ordinance and in the rules and
regulations of the municipal board or agency 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
municipal agency.
The construction specifications and standard construction
detail as prepared by the Township Engineer of the Township of Warren.
Development other than planned development or cluster development.
A composite of the Master Plan for the physical development
of Somerset County, with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the Somerset County
Planning Board pursuant to N.J.S.A. 40:27-2 and Section 27-4.
The Somerset County Planning Board.
A light fixture with cutoff optics that allows no direct
light emissions above a vertical cutoff angle of 80° above nadir
(straight down at perfect vertical), through the light fixture's lowest
light emitting part when the mounting height is 16 feet or less. Any
structural part of the light fixture providing this cutoff angle must
be permanently affixed.
Calendar days.
A Man-made or natural depression below ground level designed
to collect surface and subsurface water so that it might impede its
flow and to gradually release the same at a rate not greater than
that prior to the development of the property, into natural or man-made
outlets (i.e., the storm sewer system or stream).
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 person having
an enforceable proprietary interest in such land.
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 land fill 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 chapter.
A zoning, subdivision or site plan regulation, Official Map
or other Township regulation of the use and development of land or
amendment thereto.
Any direct glare source visible above a height of five feet
at the subject property line.
The volume of water flowing past a given point per unit of
time and measured in cubic feet per second.
Any activity which involves the clearing, excavating, storing,
grading, filling or transporting of soil or any other activity which
causes soil to be exposed to the danger of soil erosion.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and including
the means necessary for water supply preservation or prevention or
alleviation of flooding.
The lands required for the installation of storm water 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 interest against flood damage in accordance
with Chapter I of Title 58 of the Revised Statutes, as amended.
Any watercourse, trench, ditch, depression or other hollow
space in ground, natural or artificial, which collects or disperses
water from land.
A nonbasement building (i) built in the case of building
in an area of special flood hazard to have the top of the elevated
floor or, in the case of a building in a coastal high hazard area,
to have the bottom of the lowest horizontal structural member of the
elevated floor elevated above the ground level by the means of piling,
columns (post and piers), or shear walls parallel to the flow of water;
and (ii) adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
flood. In an area of special flood hazard, "elevated building" shall
also include a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters. In areas of coastal high hazard, "elevated
building" shall also include a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
A concise objective evaluation of the impact of a development
on the natural and man-made resources of the Township.
The municipal advisory body created pursuant to N.J.S.A.
40:56A-1 et seq.
The detachment and movement of soil or rock fragments by
the natural effects of water, wind, ice and gravity.
Any person who shall move or remove soil as said term is
hereinafter defined in this chapter.
The following non-sales title transactions shall be "exempt
transactions" as used in this chapter: the transfer of ownership between
two former spouses ordered as a result of judicial decree of divorce;
the transfer of ownership through an executor's deed to a Class A
beneficiary; and the transfer of ownership by court order. All other
title transfers shall be nonexempt.
The use of land for agricultural or horticultural use or
raising poultry or domestic livestock.
A structure which encloses or borders a field or yard.
The official action of the Planning Board, or the Zoning
Board, as the case may be, 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 guarantees properly posted for their completion
or approval conditioned upon the posting of such guarantees.
The final map of all or a portion of the subdivision which
is presented to the Planning Board, or the Zoning Board, as the case
may be, for final approval in accordance with these regulations, and
which, if approved, shall be filed with the Somerset County recording
officer.
The map identified in subsection 15-10.5b.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the Township.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Hazard Boundary-Floodway
Map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Usually a relatively flat or low land area adjoining a river,
stream, watercourse or lake which has been in the past or can reasonably
be expected in the future to be covered temporarily by flood.
An area in which development is regulated by Section 15-10 of this chapter.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without any increase in water surface elevation.
A unit of illuminance on a surface one foot square in area
onto which there is a uniform flux of one lumen.
A unit of luminance of a surface reflecting or emitting light
at the rate of one lumen per square foot. The average luminance of
any reflecting surface in footlamberts is the product of the illuminance
in footcandles striking the surface times the reflectance of the surface.
The sensation produced by luminance within the visual field
that is sufficiently greater than the luminance to which the eyes
are adapted to cause annoyance, discomfort or loss in visual performance
and visibility.
The Township Committee of the Township of Warren.
The area measured from external dimensions of a building,
exclusive of floor areas which have a ceiling height of less than
seven feet and basements.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
Illuminating Engineering Society of North America. An organization
that recommends standards for the lighting industry.
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. For purposes of this definition and application to Township regulations contained in this chapter and Chapter 16 (Zoning), impervious surfaces of dry-laid paver blocks and nontongue and groove decking shall be calculated as 50% surface area.
Street paving and the widening, extension or modification
of existing paving, curbs, sidewalks, bikeways, storm drains or appurtenances,
drainage structures, culverts, fire hydrants, driveways, sanitary
sewers, water mains or appurtenances, gutters, street signs, retaining
walls and the like.
When all necessary public service facilities and improvements
are in place and approved by the department having jurisdiction over
such facilities. Improvements shall include water, sanitary sewer
or other systems as applicable, electric and telephone service, storm
water drainage facilities including site grading; road improvements
including curbing, base course(s), and other site improvements necessary
to the health and safety of site occupants or visitors to the site
(customers, employees or others) as the case may be; open space including
submission of deed, of dedication or establishment of owner association
as the case may be.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
chapter or whose right to use, acquire or enjoy property under this
chapter or under any law of this State or of the United States has
been denied, violated or infringed by an action or a failure to act
under this chapter.
Old or scrap copper, glass, brass, rags, batteries, paper,
trash, rubber, debris, waste or junked, dismantled or wrecked automobiles
or parts thereof, iron, steel and other old or scrap ferrous or nonferrous
metals and any old, discarded or any waste material of any type and
all other materials commonly or generally known as "junk" in the ordinary
meaning of the word.
A place where old metal, junk or material of any kind, including,
but not by way of excluding, disabled vehicles either held or not
held for sale in parts of junk metal or materials, paper, glass, rags,
bags or other old material is collected, bought, sold, stored or dealt
in. Any place, establishment or land which is maintained, operated
or used for storing, keeping, buying, selling or just leaving junk
on such premises or for the maintenance or operation of an automobile
graveyard is hereby defined as a "junkyard."
Any ground, soil or earth, including sandy areas, marshes,
swamps, drainageways and areas not permanently covered by water. The
term "land" includes improvements and fixtures on, above or below
the surface.
Any form of artificial illuminance emanating from a light
fixture or illuminated sign that penetrates other property and creates
a nuisance, as specified in Exhibit A.[1]
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading.
Means any sewerage authority created pursuant to the "Sewerage
Authorities Law," P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any
utilities authority created pursuant to the "Municipal and County
Utilities Authority Law," P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et
seq.); or any utility, authority, commission, special district or
other corporate entity not regulated by the Board of Regulatory Commissioners
under Title 48 of the Revised Statutes that provides gas, electricity,
heat, power, water or sewer services of the Township of Warren or
the residents thereof.
A designated parcel, tract or area of land established by
plat or otherwise as permitted by law and to be used, developed or
built upon as a unit.
The total area, measured in square feet or acres, of a lot,
and shall not include:
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for the
parking of vehicles, building access or storage in an area other than
a basement is not considered a building's lowest floor provided that
such enclosure is not built so as to render the structure in violation
of other applicable non-elevation design requirements.
Any security which may be deemed acceptable to maintenance
of duly approved improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
Chairman of the Township Committee of Warren.
An extractive process involving the removal of soil, earth,
sand, clay, gravel, humus, peat or other organic and mineral materials.
A development plan of one or more lots in which (1) the size of the existing building is not increased by more than 10% or 500 square feet whichever is lesser and the plan does not increase the number of off-street parking spaces by more than 10% of existing or more than five spaces in number, whichever is lesser; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42 and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by Section 15-6 for approval of minor site plan have been met.
A subdivision of land for the creation of three or fewer
lots, including remaining land, fronting on an existing street; provided
that such subdivision does not involve (1) a planned development,
(2) any new street or (3) the extension of an off-tract improvement,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "mobile home" also includes
park trailers, travel trailers and other similar vehicles placed on
a site for greater than 180 consecutive days. For insurance purposes,
the term "mobile home" does include park trailers, travel trailers
and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
To dig or excavate, to remove, to deposit, to place, to fill,
to grade, regrade, level or otherwise alter or change the location
or contour, to transport or to supply.
The Township Planning Board, Board of Adjustment, or governing
body of this Township, when acting pursuant to N.J.S.A. 40:55D-1 et
seq. and any agency which is created by or responsible to one or more
municipalities when such agency is acting pursuant to N.J.S.A. 40:55D-1
et seq.
The Township of Warren.
The usual pre-development topographical pattern or system
of drainage of surface water runoff from a particular site prior to
land disturbance, including drainageways and watercourse which carry
surface water only during periods of heavy rains, storms or floods.
Structures for which the "start of construction" commenced
with excavation for and installation of footing(s).
A lot, the area, dimension or location of which was lawful
prior to adoption, revision or amendment of a zoning ordinance, but
which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
An unreasonable, offensive, annoying, unpleasant or obnoxious
thing or practice, a cause or source of annoyance, constituting a
substantial invasion or disturbance of others' rights, including but
not limited to an excessive or concentrated movement of noise, dust,
smoke, fumes, odor, glare, flashes of light, vibration, shock waves,
heat, electronic or atomic radiation or liquid or gaseous objectionable
effluent.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
A map adopted by ordinance pursuant to article 5 of P.L.
1975, c. 291.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
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.
Removing, digging in, disturbing, excavating or taking up
any surface, pavement or soil of any street or right-of-way area.
An electrically powered illuminating device which is either
temporarily or permanently installed outdoors, including but not limited
to, devices used to illuminate any site, architectural structure or
sign. The face of lamp must be recessed within the enclosure and any
glass/plastic protective or diffusing device cannot extend beyond
that enclosure.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to develop
the same under this chapter.
An area of not less than nine by 18 feet served by an adequate
drive and intended primarily for the parking of a registered and operating
motor vehicle.
For purposes of notice on any application 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-12.
The regularly traveled portion of any street.
Performance guarantee means any security which may be accepted
by a municipality, in lieu of a requirement that certain improvements
be completed prior to final approval of a development application,
including, but not limited to performance bonds, letters of credit
under the circumstances specified in Section 16 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.5), and cash.
Any individual, firm, association, partnership, corporation
or other legal entity, or any combination thereof.
An area of minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenances common areas to accommodate
commercial or office uses or both and any residential and other uses
incidental to the predominant use as may be permitted by ordinance.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
The Township of Warren Planning Board established pursuant
to N.J.S.A. 40:55D-23.
A map or maps of subdivision or site plan.
The condition of the site previous to any modification of
the land requiring municipal agency approval.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46
and N.J.S.A. 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
Architectural drawings prepared during the early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
(1) Public parks, playgrounds, trails, paths and other recreational
areas; (2) other public open spaces; (3) scenic and historic sites;
and (4) sites for schools and other public buildings and structures.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the biological, ecological, as well
as drainage function of the channel and providing for the flow of
water to safeguard the public against flood damage, sedimentation
and erosion and to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
and to lessen non-point pollution.
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.
Any public utility regulated by the Board of Regulatory Commissioners
as defined pursuant to N.J.S.A. 48.2-13.
The majority of the full authorized membership of a municipal
agency.
(1) The further division or relocation of lot lines of any
lot or lots within a subdivision previously made and approved or recorded
according to law or (2) the alteration of any street rights-of-way
or the establishment of any new street within any subdivision previously
made and approved or recorded according to law, but does not include
conveyances so as to combine existing lots by deed or other instrument.
A detention basin designed not only to release water gradually
into a natural or man-made outlet, but also to percolate into the
ground consistent with subsurface strata. Such basins are designed
for sandy or gravel soil with little evidences of fines (soil that
passes through a 200 mesh sieve).
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development prior to approval.
A man-made or natural body of water containing water at all
times, the level of which will be increased as a result of the flow
into it of surface and subsurface water, collected therein and released
gradually into natural or man-made outlets.
The combining of two or more existing lots into a single
lot.
Any property either owned by the Township of Warren in fee
simple or over which the Township has an easement and which is held
by the Township for road purposes or for any other municipal utility
or other purposes. The said area providing access for Township purposes.
The flow of water collected from a drainage basin or watershed,
the rate of which is measured in cubic feet per second.
Any building or grouping of buildings or lots set apart by
natural features, landscaping or buffers from other parts of the development
so as to constitute an identifiably separate portion of the development
or portion of a development proposal specifically approved by the
municipal agency to be developed as a separate unit.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
That area within the street right-of-way adjacent to the
existing pavement and available for use by vehicular traffic.
A triangularly shaped area used as a line of vision established
at intersections in accordance with the requirements of this chapter,
in which nothing shall be erected, placed, planted or allowed to grow
in such a manner as to obstruct vision between height of 30 inches
and seven feet above the center line grade of either street.
An easement which allows the grantee of said easement to
have the right of entry into an established sight triangle area to
remove any obstruction to vision within the sight triangle area not
conforming to the standards of the definition of "sight triangle,"
following due notice to the property owner.
Any plot, parcel or parcels of land.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
Luminance in the atmosphere caused by dust, water vapor,
and other particles that reflect and scatter any stray lighting that
is reflected or emitted into the atmosphere.
Any earth, sand, clay, loam, gravel, humus, rock or dirt
without regard to the presence or absence therein of organic matter.
A scheme which indicates land treatment measures, including
a schedule of timing of their installation, to minimize soil erosion
and sedimentation before, during and after disturbance. The minimum
standards for the control of soil erosion and sedimentation shall
be the Standards for Soil Erosion and Sediment Control, as promulgated
by the New Jersey State Soil Conservation Committee, and may be cited
in this chapter as "standards."
A permit for the addition, removal or movement of soil located
on any lot within the Township of Warren.
Standards adopted by this chapter pursuant to N.J.S.A. 40:55D-65
regulating noise levels, glare, earthborne or sonic vibrations, heat,
electronic or atomic radiation, noxious odors, toxic matters, explosive
and inflammable matters, smoke and airborne particles, waste discharge,
screening of unsightly objects or conditions and such other similar
matters as may be reasonably required by the Township or required
by applicable Federal or State laws or municipal ordinances.
(For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348) shall include
substantial improvement and mean the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
placement, or other improvement was within 180 days of the permit
date. The actual start shall mean either the first placement of permanent
construction of a structure on a site such as the pouring of a slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling, nor
does it include the installation of streets and/or walkways; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure.
A facility or other means used to control water runoff.
An area adjacent to a stream within which, to the extent
practicable, natural cover is maintained, no alteration of natural
terrain occurs and no structures or impervious surfaces are located.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing State, County or municipal roadway
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 streets shall mean those which are used primarily for
fast heavy traffic.
Secondary traffic streets shall mean streets connecting places
of relatively dense settlement with each other and with arterial streets
and intended primarily for inter-municipal and commuter traffic.
Connector streets shall mean those which carry traffic from
minor streets to the major system of arterial streets, including the
principal entrance of a residential development.
Minor streets shall mean those which are used primarily for
access to the abutting properties.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land and includes a mobile home, gas or liquid storage
tank.
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.
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 chapter, if no new streets are created: (a) 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, (b) divisions
of property by testamentary or intestate provisions, (c) divisions
of property upon court order, and (d) conveyances so as to combine
existing lots by deed or other instrument, and (e) the conveyance
of one or more adjoining lots, tracts or parcels of land owned by
the same person or persons and all of which are found and certified
by the administrative officer to conform to the requirements of the
municipal development regulations and are shown and designated as
separate lots, tracts or parcels on the tax map or atlas of the Township.
The term "subdivision" shall also include the term "resubdivision."
A committee of at least three Planning Board or Zoning Board
of Adjustment members appointed by the Chairman of the Board for the
purpose of reviewing development applications and such other duties
relating to land subdivision and site plan review which may be conferred
on this committee by the Board.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either:
Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing
State or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
The Superintendent of Public Works or such individual designated
by the Township Committee to perform the duties of Superintendent.
A plan which fully indicates sufficient surface water runoff
control measures to effectively minimize surface water runoff damage
before, during and after land disturbance.
A private swimming pool is any constructed pool which is used,
or intended to be used, as a swimming pool in connection with a building
of Use Group R-3 and available to the family of the householder and
his private guests.
A public swimming pool is any swimming pool other than a private
swimming pool.
Soil that, in its natural state, constitutes the top layer
of earth and is composed of 2% or more, by weight of organic matter
and has the ability to support vegetation.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
A contiguous property, subject to common ownership, which
is divided by a boundary line between a residential and nonresidential
zone district.
The specific purpose for which a parcel of land or a building
or portion of a building is designed, arranged, intended, occupied
or maintained.
Permission to depart from the literal requirements of the
zoning provisions of Warren Township.
The distance traveled in a specific amount of time and measured
in feet per second.
The quantity of liquid or solid, measured in gallons, acre
feet or cubic feet.
A way for carrying pedestrian traffic which may be located
within the right-of-way provided for a street, or may be located adjacent
to a property line, between lots, and laid out so that it may provide
pedestrian traffic along a street or between lots.
The projected heights in relation to mean sea level reached
by floods of various magnitudes and frequencies in the floodplains
of riverine areas.
Any natural or artificial path of water movement having eroded
banks, beds, boundaries or channels, whether perennial or intermittent,
as well as the land thereunder. Where the level of water varies with
the season, and the annual rainfall and/or other factors, natural
or artificial, it shall be measured by reference to the high-water
mark.
The watercourse, floodway, flood fringe, area of special
flood hazard and a contiguous area that buffers the flood plain thereof,
subject to abnormal fluctuations in discharge and burdens of foreign
substances which would arise from developments. This includes those
points which are not more than five feet in elevation above the tops
of the banks of any watercourse or 50 feet in distance from the area
of special flood hazard, whichever is greater.
An area of land which collects surface water runoff draining
toward lower elevations via a system of watercourses.
A document signed by the Zoning Officer which:
Is required as a condition precedent to the commencement of
a use or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building.
Acknowledges that such use, structure or building complies with
the provisions of this chapter or variance therefrom duly authorized
by a municipal agency.
[Ord. No. 92-33]
The approval provisions of this chapter shall be administered
by the Township of Warren Planning Board or Board of Adjustment in
accordance with this chapter and N.J.S.A. 40:55D-1 et seq., as amended
and as applicable. No development of land shall hereafter be effected
in the Township except pursuant to this chapter.
[Ord. No. 92-33]
a.
Establishment; composition.
[Amended 1-23-2020 by Ord. No. 20-02]
1.
There
is hereby established in the Township, pursuant to N.J.S.A. 40:55D-1
et seq., a Planning Board of nine members consisting of the following
four classes:
(a)
Class
I: the Mayor or the Mayor’s designee in the absence of the Mayor.
(b)
Class
II: one of the officials of the Township other than a member of the
Township Committee, to be appointed by the Mayor, provided that the
member of the Environmental Commission who is also a member of the
Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to
be the Class II Planning Board member, if there is both a member of
the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV members.
(c)
Class
III: a member of the Township Committee to be appointed by it.
(d)
Class
IV: six other citizens of the Township to be appointed by the Mayor.
The members of Class IV shall hold no other municipal office, position
or employment, except that in the case of nine-member boards, one
such member may be a member of the Zoning Board of Adjustment. No
member of the Board of Education may be a Class IV member of the Planning
Board, except that in the case of a nine-member board, one Class IV
member may be a member of the Board of Education. The member of the
Environmental Commission who is also a member of the Planning Board,
as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning Board
member, unless there shall be among the Class IV or alternate members
of the Planning Board both a member of the Zoning Board and a member
of the Board of Education, in which case the member common to the
Planning Board and Municipal Environmental Commission shall be deemed
a Class II member of the Planning Board. For the purpose of this section,
membership on a municipal board or commission whose function is advisory
in nature, and the establishment of which is discretionary and not
required by statute, shall not be considered a holding of municipal
office.
2.
Alternate
members: two other citizens of the Township to be appointed by the
Mayor. The alternate members of the Planning Board shall meet the
qualifications of Class IV members. Alternate members shall be designated
at the time of their appointment as "Alternate No. 1" and "Alternate
No. 2." A vacancy occurring other than by expiration of term shall
be filled by the Mayor for the unexpired term only. Alternate members
may participate in discussions of the proceedings but may not vote
except in the absence or disqualification of a regular member of any
class. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
b.
Appointment and Terms. The term of the member composing Class I shall
correspond to his official tenure. The terms of the members composing
Class II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever occurs first. The term of a Class IV member
who is also a member of the Board of Adjustment or Board of Education
shall terminate whenever he is no longer a member of such other body
or at the completion of his Class IV term, whichever occurs first.
The terms of all Class IV members first appointed under this act shall
be so determined that to the greatest practicable extent the expiration
of such terms shall be distributed evenly over the first four years
after their appointment; provided that the initial Class IV term of
no member shall exceed four years. Thereafter, the Class IV term of
each such member shall be four years. If a vacancy in any class shall
occur otherwise than by expiration of the Planning Board term, it
shall be filled by appointment, as above provided, for the unexpired
term. No member of the Planning Board shall be permitted to act on
any matter in which he has, either directly or indirectly, any personal
or financial interest. Any member other than a Class I member, after
a public hearing if he requests one, may be removed by the governing
body for cause. All terms shall run from January 1 of the year in
which the appointment is made.
The terms of the alternate members shall be for two years, except
that the terms of the alternate members shall be such that the terms
of not more than one alternate member shall expire in any one year;
provided however, that in no instance shall the terms of the alternate
members first appointed exceed two years.
If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited by subsection b of N.J.S.A. 40:55D-23 or Section 13 of N.J.S.A. 40:55D-23.1 from acting on a matter due to the member's personal or financial interest therein, regular members of the Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board in order of seniority of continuous service to the Board of Adjustment until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
c.
Officers. The Planning Board shall elect a Chairperson and Vice Chairperson
from the members of Class IV and select a Secretary who may be either
a member of the Planning Board or a Township employee designated by
it.
d.
Planning Board Attorney. There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Township Attorney.
e.
Experts and Staff. The Planning Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Board shall not, however, exceed, exclusive of
gifts or grants, the amount appropriated by the Township Committee
for its use.
f.
Powers and Duties Generally. The Planning Board is authorized to
adopt bylaws governing its procedural operation. It shall also have
the following powers and duties:
1.
To make and adopt and from time to time amend a Master Plan for the
physical development of the Township, including any areas outside
its boundaries, which in the Board's judgement bear essential relation
to the planning of the Township, in accordance with the provisions
of N.J.S.A. 40:55D-1, et seq.
2.
To administer the provisions of the Land Subdivision Ordinance and
Site Plan Review Ordinance of the Township in accordance with the
provisions of such ordinances and the Municipal Land Use Law of 1975,
N.J.S.A. 40:55D-1, et seq.
3.
To participate in the preparation and review of programs or plans
required by State or Federal law regulations.
4.
To assemble data on a continuing basis as part of a continuous planning
process.
5.
To consider and make report to the Township Committee within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also
pass upon other matters specifically referred to the Planning Board
by the Township Committee, pursuant to the provisions of N.J.S.A.
40:55D-26(b).
6.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70(c), from lot area,
lot dimensional setback and yard requirements provided that such relief
from lot area requirements shall not be granted for more than one
lot.
(b)
Issuance of permits for buildings or structures. For purposes
of preserving the integrity of the Official Map of the Township, no
permit shall be issued for any building or structure in the bed on
any street or public drainage way, flood control basin or public area
reserved pursuant to N.J.S.A. 40:55D-32 as shown on the Official Map,
or shown on a plat filed pursuant to this chapter under N.J.S.A. 40:55D
et seq. before adoption of the Official Map except as herein provided.
Whenever one or more parcels of land, upon which is located in the
bed of such a mapped street or public drainage way, flood control
basin or public area reserved pursuant to N.J.S.A. 40:55D-32 cannot
yield a reasonable return to the owner unless a building permit is
granted, the Board of Adjustment, may, in a specific case, by an affirmative
vote of a majority of the full authorized membership of the Board,
direct the issuance of a permit for a building or structure in a bed
of such mapped street or public drainage way or flood control basin
or public area reserved pursuant to N.J.S.A. 40:55D-32 which will
as little as practicable increase the cost of opening such street,
or tend to cause a minimum change of the Official Map and the Board
shall impose reasonable requirements as a condition of granting the
permit so as to promote the health, morals, safety and general welfare
of the public. N.J.S.A. 40:55D-72 through N.J.S.A. 40:55D-75 shall
apply to applications or appeals pursuant to this chapter.
The Board of Adjustment shall not exercise the power otherwise
granted by this chapter if the proposed development requires approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with the Planning Board has power to direct the issuance
of a permit pursuant to N.J.S.A. 40:55D-60(b).
7.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township Committee for the aid and assistance
of the Township Committee or other agencies or officers.
g.
Citizens Advisory Committee. The Mayor may appoint one or more persons
as a Citizens Advisory Committee to assist or collaborate with the
Planning Board in its duties, but such person or persons shall have
no power to vote or take other action required of the Board. Such
person or persons shall serve at the pleasure of the Mayor.
h.
Environmental Commission. The Planning Board shall make available
to the Environmental Commission a copy of every application for development
to the Planning Board.
i.
Rules and Regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953, R.S. 2A:67A-1, et seq. shall apply.
[Ord. No. 92-33; Ord. No. 06-09 § 1]
a.
Establishment; Composition. A Zoning Board of Adjustment is hereby
established, pursuant to N.J.S.A. 40:55D-69 et seq., consisting of
seven residents of the Township appointed by the Township Committee
to serve for terms of four years from January 1 of the year of their
appointment. The terms of the members first appointed shall be so
determined that, to the greatest practicable extent, the expiration
of such terms shall be distributed evenly over the first four years
after their appointment; provided that the initial term of no member
shall exceed four years. Thereafter the term of each member shall
be for four years. Nothing in this chapter shall, however, be construed
to affect the term of any present member of the Zoning Board of Adjustment.
All such members shall continue in office until the completion of
the term for which they were appointed.
No member of the Zoning Board of Adjustment may hold any elective
office or position within the Township.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
The Township Committee may appoint two alternate members to
the Zoning Board of Adjustment. Alternate members shall be designated
by the Township Committee as "Alternate No. 1" and "Alternate No.
2," shall serve during the absence or disqualification of any regular
members, shall be appointed for two years.
If the Board of Adjustment lacks a quorum because any of its
regular or alternate members are prohibited by N.J.S.A. 40:55D-69
from acting on a matter due to the member's personal or financial
interest therein, Class IV members of the Planning Board shall be
called upon to serve, for that matter only, as temporary members of
the Board of Adjustment. The Class IV members of the Planning Board
shall be called upon to serve in order to serve in order of seniority
of continuous service to the Planning Board until there are the minimum
number of members necessary to constitute a quorum to act upon the
matter without any personal or financial interest therein, whether
direct or indirect. If a choice has to be made between Class IV members
of equal seniority, the Chairperson of the Planning Board shall make
the choice.
b.
Officers. The Board of Adjustment shall elect a Chairperson and Vice
Chairperson from its members and shall also select a Secretary who
may be either a Board member or another Township employee.
c.
Board of Adjustment Attorney. There is hereby created the office
of Attorney to the Zoning Board of Adjustment. The Zoning Board of
Adjustment may annually appoint, fix the compensation of or agree
upon the rate of compensation of the Zoning Board of Adjustment Attorney
other than the Township Attorney.
d.
Experts and Staff. The Zoning Board of Adjustment may also employ
or contract for and fix the compensation of such experts and other
staff and services as it may deem necessary. The Board shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the Township Committee for its use.
e.
Rules and Regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953, 7.R.S. 2A:67A-1 et seq., shall apply.
f.
Powers of Zoning Board of Adjustment. The powers of the Zoning Board
of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq.,
and amendments and supplements thereto, and with the provisions of
this chapter.
It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter, or Chapter 16, or any term, clause, sentence or word thereof, and the Zoning Map, in accordance with the general rules of construction, applicable to legislative enactments.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards grant variances from the terms of this chapter or Chapter 16 in accordance with the general or specific rules contained herein, and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter or Chapter 16 would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1 et seq., or subsequent statutes in such case made and provident and it shall, from time to time, furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may be filed with the Board for its decision thereon.
g.
Powers Granted by Law. The Board of Adjustment shall have such powers
as are granted by law to:
1.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the zoning ordinances of the Township of Warren.
2.
Hear and decide requests for interpretation of the map or zoning
ordinances of the Township of Warren or for decisions upon other special
questions upon which such Board is authorized by the zoning ordinances
of the Township of Warren to pass.
3.
Where: (a) by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or (b) by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or (c) by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to article 8 of the Municipal Land Use Law would result in
peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon the developer of such property, grant, upon
an application or an appeal relating to such property, a variance
from such strict application of such regulation so as to relieve such
difficulties or hardship. Where in an application or appeal relating
to a specific piece of property the purposes of the Municipal Land
Use Law would be advanced by a deviation from the Zoning Ordinance
requirements and the benefits of the deviation would substantially
outweigh any detriment, grant a variance to allow departure from regulations,
provided, however, that no variance from those departures enumerated
in paragraph g4 of this subsection shall be granted under this paragraph;
and provided further that the proposed development does not require
approval by the Planning Board of a subdivision, site plan or conditional
use, in conjunction with which the Planning Board has power to review
a request for a variance pursuant to subsection 60 of the Municipal
Land Use Law; and
4.
In particular cases and for special reasons, grant a variance from
Warren Township zoning regulations to permit: (1) a use or principal
structure in a district restricted against such use or principal structure,
(2) an expansion of a nonconforming use, (3) deviation from a specification
or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a
conditional use, (4) an increase in the permitted floor area ratio
as defined in N.J.S.A. 40:55D-4, (5) an increase in the permitted
density as defined in N.J.S.A. 40:55D-4 except as applied to the required
lot area for a lot or lots for detached one or two dwelling unit buildings,
which lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision or (6) a height of a principal structure
which exceeds by 10 feet or 10% the maximum height permitted in the
zone district for a principal structure. A variance under this paragraph
shall be granted only by affirmative vote of at least five members.
If an application for development requests one or more variances
but not a variance for a purpose enumerated in paragraph g4 of this
subsection, the decision on the requested variance or variances shall
be rendered under paragraph g3 of this subsection.
No variance or other relief may be granted under the terms of
this subsection unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and the purpose of the Zone Plan and Zoning Ordinance.
h.
Additional Powers. The Zoning Board of Adjustment shall, in addition to the powers specified in subsection 15-2.2f of this chapter, have power by law to:
1.
Direct issuance of permit pursuant to N.J.S.A. 40:55D-34 for a building
or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
2.
Where the enforcement of N.J.S.A. 40:55D-35 would entail practical
difficulty or unnecessary hardship, or where the circumstances of
the case do not require the building or structure to be related to
a street, the Board of Adjustment may upon application or appeal,
vary the application of N.J.S.A. 40:55D-35 and direct the issuance
of a permit subject to conditions that will provide adequate access
for fire fighting equipment, ambulances and other emergency vehicles
necessary for the protection of health and safety and that will protect
any future street layout shown on the Official Map or on a general
circulation plan element of the municipal Master Plan pursuant to
paragraph (4) of N.J.S.A. 40:55D-28.
The Board of Adjustment shall not exercise the power otherwise
granted by this subsection if the proposed development requires approval
by the Planning Board of subdivision, site plan or conditional use
in conjunction with which the Planning Board has power to direct the
issuance of a permit pursuant to N.J.S.A. 40:55D-60.
The Board of Adjustment shall have the power to grant to the
same extent and subject to the same restrictions as the Planning Board
subdivision or site plan approval pursuant to Article 6 of N.J.S.A.
40:55D-1 et seq., or conditional use approval pursuant to N.J.S.A.
40:55D-67 whenever the Board is reviewing an application for approval
of a use variance pursuant to this chapter.
i.
Time for Decision.
1.
Time Limit. The Board of Adjustment shall render its decision not
later than 120 days after the date an appeal is taken from the decision
of an administrative officer, or the submission of a complete application
for development to the Board pursuant to the provisions of N.J.S.A.
40:55D-70(b).
2.
Failure to Render Decision. Failure of the Board to render a decision
within such 120-day period or within such further time as may be consented
to by the applicant shall constitute a decision favorable to the applicant.
j.
Stay of Proceedings. An appeal stays all proceedings in furtherance
of the action in respect of which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Board of Adjustment after the notice of appeal shall have been filed
with him/her that by reason of facts stated in the certificate a stay
would, in her/his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Adjustment
or by the Superior Court of New Jersey on application or notice to
the officer from whom the appeal is taken and on due cause shown.
k.
Power to Reverse or Modify Decisions. In exercising the above mentioned
power, the Board of Adjustment may, in conformity with the provisions
of N.J.S.A. 40:55D-1 et seq., (or amendments thereto), reverse or
affirm wholly or partly or may modify the order, requirement, decision
or determination appealed from, and make such other requirement, decision
or determination as ought to be made, and to that end have all the
powers of the administrative officer from whom the appeal was taken.
l.
Expiration of Variance.
1.
Any variance under this chapter or Chapter 16 hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by such variance, or unless such permitted use has actually been commenced, within 12 months from the date of entry of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the Township Committee, or to a court of competent jurisdiction, until a full determination is made in any manner of such appeal or proceeding, or if the applicant were barred or prevented directly or indirectly from proceeding by reason of a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare, or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare, if the applicant is otherwise ready, willing and able to proceed under the variance, pursuant to N.J.S.A. 40:55D-21.
2.
The Board of Adjustment is authorized to consider requests for an
extension of the twelve-month limitation period, upon a showing of
good cause, after a hearing held upon notice to all parties entitled
to notice under N.J.S.A. 40:55D-12. The Board of Adjustment may consider
such requests for extensions whether the request is made prior to,
or after, the expiration of the twelve-month limitation period, however,
in such case where the request is made by the applicant after the
expiration of the limitation period, the applicant must also establish
good cause for failing to make the request prior to the expiration
of the limitation period.
3.
If the variance approvals are granted in conjunction with a minor
subdivision approval or minor site plan approval, the twelve-month
limitation period shall automatically be extended for a period of
one year from the date on which the resolution of the Board of Adjustment
is adopted.
4.
If the variance approvals are granted in conjunction with a preliminary
major subdivision approval or preliminary major site plan approval,
the twelve-month limitation period automatically shall be extended
for a period of one year from the date on which the resolution of
the Board of Adjustment is adopted.
m.
Appeals and Applications to Board of Adjustment.
1.
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
municipality based on or made in the enforcement of the Zoning Ordinance
or Official Map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal is taken
specifying the grounds of such appeal. The officer from whom the appeal
is taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
2.
A developer may file an application for development with the Board
of Adjustment for action under any of its powers without prior application
to an administrative officer.
n.
Annual Report on Variances Heard by Zoning Board. The Board of Adjustment
shall, at least once a year, review its decisions on applications
and appeals for variances and prepare and adopt by resolution a report
of its findings on Zoning Ordinance provisions which were the subject
of variance requests and its recommendations for Zoning Ordinance
amendment or revision, if any. The Board of Adjustment shall send
copies of the report and resolution to the Township Committee and
Planning Board.
[Ord. No. 92-33; Ord. No. 03-11, § 1; Ord. No. 03-25 § 2; Ord. No. 2017-22]
a.
Conflicts of Interest. No member of the Planning Board or Zoning
Board of Adjustment shall act on any matter in which he or she has
either directly or indirectly any personal or financial interest.
Whenever any such member shall disqualify himself from acting on particular
matter, he or she shall not continue to sit with the board on the
hearing of such matter nor participate in any discussion or decision
relating thereto.
b.
Meetings.
1.
Scheduled Meetings. Meetings of both the Planning Board and Zoning
Board of Adjustment shall be scheduled no less than once a month,
and any meeting so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process.
2.
Special Meetings. Special meetings may be provided for at the call
of the Chairman or on the request of any two Board members, which
shall be held on notice to its members and the public in accordance
with all applicable legal requirements.
3.
Quorum Required. No action other than adjournment to a future date
shall be taken at any meeting without a quorum being present.
4.
Majority Vote of Quorum. All actions shall be taken by majority vote
of a quorum except as otherwise required or permitted by any provision
of N.J.S.A. 40:55D-1 et seq.
5.
Meetings Open to the Public. All regular meetings and all special
meetings shall be open to the public. Notice of all such meetings
shall be given in accordance with the requirements of the Open Public
Meetings Law, N.J.S.A. 10:4-1 et seq. An executive session for the
purpose of discussing and studying any matters to come before either
board shall not be deemed a regular or special meeting in accordance
with the provisions of N.J.S.A. 40:55D-9.
c.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of the persons appearing and addressing
the Board and of the persons appearing by attorney, the action taken
by the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Township Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party shall be
charged the standard Township fee for reproduction of the minutes
for his use as provided for in the rules of the Board.
d.
Hearings.
1.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq., or this chapter.
2.
Oaths; Subpoenas for Witnesses. The officer presiding at the hearing
or such persons as he may designate shall have power to administer
oaths and issue subpoenas to compel the attendance of witnesses and
the production of relevant evidence, including witnesses and documents
presented by the parties, and the provisions of the County and Municipal
Investigations Law P.L. 1953, c. 38, R.S. 2A:67A-1, et seq., shall
apply.
3.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
4.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
5.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
e.
Notice Requirements for Hearings. Whenever a hearing (which includes, not by way of limitation, a hearing before the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a or 40:55D-70b is held before the Zoning Board of Adjustment or the Planning Board pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows and for each class of application set forth below: (a) any request for a variance; (b) any request for the issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street; (c) any request for site plan approval but not including minor site plan as defined herein; (d) any request for preliminary subdivision approval; (e) any request for a variation for the Flood Hazard and/or Water Course Protection regulations set forth in Section 15-10 of this chapter.
1.
Public Notice. Public notice shall be given by publication in the
official newspaper of the Township at least 10 days prior to the date
of the hearing.
2.
Notice to Property Owners. Notice shall be given to the owners of
all real property as shown on the current tax duplicate located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the Township in
which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner, as shown on the current tax
duplicate or his agent in charge of the property, or mailing a copy
thereof by certified mail to the property owner at his address as
shown on the current tax duplicate. A return receipt is not required.
This requirement shall be deemed satisfied by notice to the (1) condominium
association, in the case of any unit owner whose unit has a unit above
or below it, or (2) horizontal property regime, in the case of any
co-owner whose apartment has an apartment above or below it. Notice
shall be given by: (1) serving a copy thereof on the property owner
as shown on the said current tax duplicate, or his agent in charge
of the property, or (2) mailing a copy thereof by certified mail to
the property owner at his address as shown on the said current tax
duplicate.
Notice to a partnership owner may be made by service upon any
partner. Notice to a corporate owner may be made by service upon its
president, a vice-president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or area located within 200 feet of the property which is
the subject of the hearing, may be made in the same manner as to a
corporation without further notice to unit owners, co-owners, or homeowners
on account of such common elements or areas.
3.
Notice to Public Utilities, Cable Television Companies and Local
Utilities. Notice of hearings on applications for approval of a major
subdivision or a site plan not defined as a minor site plan under
this chapter requiring public notice hereunder shall be given, in
the case of a public utility, cable television company, or local utility
which possesses a right-of-way or easement within the Township and
which has registered with the Township in accordance with paragraph
e4 below, by (i) serving a copy of the notice on the person whose
name appears on the registration form on behalf of the public utility,
cable television company, or local utility, or (ii) mailing a copy
thereof by certified mail to the person whose name appears on the
registration form at the address shown on that form.
4.
Registration. Every public utility, cable television company, and
local utility interested in receiving notice pursuant to paragraph
e3 above may register with the Land Use Coordinator in the event the
public utility, cable television company, or local utility has a right-of-way
or easement within the Township. The registration shall remain in
effect until revoked by the public utility, cable television company,
or local utility or by its successor in interest.
The Township Clerk shall adopt a registration form and shall
maintain a record of all public utilities, cable television companies,
and local utilities which have registered pursuant to paragraph e5
below. The registration form shall include the name of the public
utility, cable television company, or local utility and the name,
address, and position of the person to whom notice shall be forwarded,
as required pursuant to paragraph e3 above. The information contained
therein shall be made available to any applicant, as provided in paragraph
e5 below.
The Township requires the payment of a registration fee of $10
from any public utility, cable television company, or local utility
which registers to receive notice as set forth herein.
By no later than March 17, 1992, the Township Clerk shall notify
the corporate secretary of every local utility that, in order to receive
notice by an applicant pursuant to paragraph e3 above, the utility
shall register with the Township in the event the utility has a right-of-way
or easement within the Township.
Failure to give notice as required in paragraph e3 above shall
not invalidate any hearing or proceeding held or to be held, or any
preliminary or final approval granted or to be granted from August
7, 1991, until April 1, 1992.
[Ord. No. 2017-22]
5.
Upon the written request of an applicant, the Land Use Coordinator
shall, within seven days, make and certify a list from said current
tax duplicated of names and addresses of owners to whom the applicant
is required to give notice pursuant to paragraph b of this subsection.
In addition, the Land Use Coordinator shall include on the list the
names, addresses and position of those persons who, not less than
seven days prior to the date in which the applicant requested the
list, have registered to receive notice pursuant to paragraph e4 above.
The applicant shall be entitled to rely upon the information contained
in such list, and failure to give notice to any owner or to any public
utility, cable television company or local utility not on the list
shall not invalidate any hearing or proceeding. A sum of $10 shall
be charged for such list.
[Ord. No. 2017-22]
6.
Notice of hearings on applications for development involving property
located within 200 feet of an adjoining municipality shall be given
by personal service or certified mail to the Clerk of such municipality.
7.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other County land or situated within 200 feet of a municipal boundary.
8.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
9.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. The notice
shall include a copy of any maps or documents required to be on file
with the Township Clerk.
10.
The applicant shall file an affidavit of proof of service with the
municipal agency holding the hearing on the application for development
in the event that the applicant is required to give notice pursuant
to this subsection.
f.
Decisions.
1.
Board Resolution. Each decision on any application for development
shall be set forth in writing as a resolution of the Board which shall
include findings of fact and legal conclusions based thereon.
2.
Copies of Decision. A copy of the decision shall be mailed by the
Board within 10 days of the date of decision to the applicant, or
if represented, then to his attorney, without separate charge. A copy
of the decision shall also be mailed to all persons who have requested
it and who have paid the fee prescribed by the Board for such service.
A copy of the decision shall also be filed in the office of the Township
Clerk, who shall make a copy of such filed decision available to any
interested party upon payment of a fee calculated in the same manner
as those established for copies of other public documents in the Township.
g.
Publication of Decision. A brief notice of every final decision shall
be published in the official newspaper of the Township. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. Such notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
h.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39,
every application for development submitted to the Planning Board
or to the Zoning Board of Adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or, if it
is shown that taxes or assessments are delinquent on the property,
any approvals or other relief granted by either Board shall be conditioned
upon either the prompt payment of such taxes or assessments, or the
making of adequate provision for the payment thereof in such manner
that the Township will be adequately protected.
[Ord. No. 92-33]
a.
Purpose and Scope. The Technical Coordinating Committee (hereinafter
referred to as TCC) shall review all applications for the development
of land (involving subdivision or site plan) within the Township of
Warren, except for minor subdivisions where there are no variances
involved and the subdivided property is not located within steep slope
or wetlands designated areas, site plan waiver requests or applications
for final site plan or subdivision approval, whether the formal application
for the same will be heard before the Planning Board or the Board
of Adjustment, or both of those bodies.
b.
The Planning Board or the Board of Adjustment may waive review by
the TCC, but only at a public meeting of the Board and at which the
applicant presents facts and reasons justifying waiver of TCC review
or the Board determines that TCC review is not warranted.
c.
Composition of TCC.
1.
The TCC shall have as members the following Township officials or
substitutes designated by the respective official:
Chairperson of the Planning Board (Optional at said party's
election)
Construction Code Enforcement Official
Development Coordinator
Environmental Commission Representative as designated by the
Environmental Commission Chairperson
Fire Department Representative
Police Department Representative
Public Works Representative
Township Engineer and/or Assistant Engineer
Township Planner
Township Sewer Authority Engineer
Township Zoning Officer
Township T.C.C. Secretary
Township Planning Board Representative
2.
The respective chairpersons of the Planning Board and Zoning Board
of Adjustment may appoint, for up to a period of one year, other municipal
officials, representatives or other governmental agencies or citizens
of the Township to sit on the TCC.
d.
Meetings.
1.
Minutes of the TCC will be taken and maintained by the Township,
but no testimony shall be offered or accepted.
2.
The TCC secretary shall establish the meeting schedule thereafter,
the schedule shall be published on or before February 15 of each year
for that year. The said schedule may be modified at any time during
any year at the discretion of the said Committee upon 10 days' notice
of said modification. Any additional meetings shall be held at the
discretion of the TCC or as requested by the Planning Board or the
Board of Adjustment.
e.
Responsibilities of the TCC.
1.
The TCC shall review each application and shall advise the Planning
Board or the Board of Adjustment of any deficiencies found relative
thereto if the same are not corrected by the applicant.
2.
The TCC shall review each application for compliance with the Township's
zoning requirements, development regulations, sound planning policies
and design standards and shall advise in a timely manner the applicant,
the Planning Board or the Board of Adjustment of its findings in writing.
The findings of the TCC shall in no way be construed to relieve
the applicant of the responsibility for complying with zoning requirements,
development regulations and design standards and shall not be binding
on either the Board or the applicant.
3.
The TCC shall advise, in a timely manner, the Planning Board or the
Board of Adjustment as to the current status of applications before
it. The TCC shall also advise both the Planning Board and the Board
of Adjustment of the need for special meetings of the TCC which shall
be scheduled by the TCC or the Planning Board or the Board of Adjustment
at the direction of the Chairman of either Board.
4.
The TCC shall, at the request of either the Planning Board or the
Board of Adjustment, provide technical support at meetings of the
Board which support may include the presentation of supplementary
technical information or independent studies in addition to the written
comments resulting from its review.
5.
The TCC shall consult with the Police and Fire Departments and Engineering
Departments of the municipality, County and State, and any other agency
it deems appropriate, if members from those agencies were not present
at the hearing on an application.
[Ord. No. 92-33]
a.
Who May Appeal. Any interested party desiring to appeal any final
decision of the Board of Adjustment approving an application for development
pursuant to paragraph (d) of N.J.S.A. 40:55D-70 may appeal to the
Township Committee.
b.
Time Period for Appeal. Any appeal shall be made within 10 days of
the date of publication of such final decision. The appeal to the
Township Committee shall be made by serving the Township Clerk in
person or by certified mail with a notice of appeal specifying the
ground thereof and the name and address of the appellant and name
and address of his attorney, if represented. Such appeal shall be
decided by the Township Committee only upon the record established
before the Board of Adjustment.
c.
Notice of the meeting to review the record below shall be given by the Township Committee by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection h of Section 6 of N.J.S.A. 40:55D-10.
d.
The appellant shall, (1) within five days of service of the notice
of the appeal pursuant to paragraph a hereof, arrange for a transcript
pursuant to N.J.S.A. 40:55D-17c for use by the Township Committee
and pay a deposit of $50 or the estimated cost of such transcript,
whichever is greater, or (2) within 35 days of service of the notice
of appeal, submit a transcript as otherwise arranged to the Township
Clerk; otherwise, the appeal may be dismissed for failure to prosecute.
The Township Committee shall conclude a review of the record
not later than 95 days from the date of publication of notice of the
decision below, unless the applicant requests in writing to an extension
of such period. Failure of the Township Committee to render a decision
within such specified period shall constitute a decision affirming
the action of the Board.
e.
The Township Committee may reverse, remand, or affirm with or without the imposition of conditions the final decision of the Board of Adjustment approving a variance pursuant to subsection d of N.J.S.A. 40:55D-70. The review shall be made on the record made before the Board of Adjustment.
f.
The affirmative vote of three members of the full authorized membership
of the Township Committee shall be necessary to reverse, revise, or
remand to the Board of Adjustment or to impose conditions on or alter
conditions to any final action of the Board of Adjustment. Otherwise,
the final action of the Board of Adjustment shall be deemed to be
affirmed; tie vote of the Township Committee shall constitute affirmance
of the decision of the Board of Adjustment.
g.
An appeal to the Township Committee shall stay all proceedings in
furtherance of the action in respect to which the decision appealed
from was made, unless the Board from whose action the appeal is taken
certifies to the governing body, after the notice of appeal shall
have been filed with such Board, that by reason of facts stated in
the certificate, a stay would, in its opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by an order of the Superior Court on application upon notice
to the Board from whom the appeal is taken and on good cause shown.
h.
The Township Committee shall mail a copy of the decision to the appellant
or, if represented, then to his attorney, without separate charge,
and for a reasonable charge to any interested party who has requested
it, not later than 10 days after the date of the decision. A brief
notice of the decision shall be published in the official newspaper
of the Township. The period of time in which an appeal to a court
of competent jurisdiction may be made shall run from the first publication.
i.
Nothing in this chapter shall be construed to restrict the right
of any party to obtain a review by any court of competent jurisdiction,
according to law.
[Ord. No. 92-33]
Applications shall be filed with the administrative officer to the Planning Board or administrative officer to the Zoning Board of Adjustment dependent upon the respective Board's jurisdiction. The appropriate administrative officer shall determine completeness of the application and notify the applicant in accordance with Section 15-4 of this chapter.
Applications shall be filed on forms provided by the respective Boards and conform to requirements and standards set forth in Section 15-6 of this chapter. No application shall be accepted if not in compliance with minimum submission standards as follows:
[Ord. No. 92-33]
An applicant may submit a concept plan for informal discussion prior to formal application. No fee under Sections 15-5a and 15-5b shall be charged for such submission. A fee as provided in Section 15-5c (escrow) shall be paid prior to informal review by the Board having jurisdiction. The plan shall be drawn based upon applicable standards set forth in Section 15-6 through 15-8 of this chapter.
[Ord. No. 94-22]
a.
In the event an application for land development has been determined to be incomplete in accordance with the provisions of the checklist section (Section 15-6: "Standards for Complete Application and Plat Details"), the application shall be administratively terminated and the applicant will be required to file a new application, if the applicant desires, to proceed unless:
1.
The applicant files additional information with the Board in a reasonable
attempt to satisfy the checklist deficiencies within six months of
the letter of incompleteness or the last letter of continued incompleteness;
or
2.
The applicant files with the Board before which the application was
filed a written request to extend such period prior to the expiration
of six months from the issuance of a letter of incompleteness or the
last letter of continued incompleteness. Such letter shall include
an explanation of the reasons why the applicant cannot make the application
complete within the time allowed. The said Board shall decide whether
to allow the application to remain active or dismiss the same.
b.
Once an application has been determined to be complete, the applicant
shall diligently proceed with the presentation of the application
before the Board before which the same was filed. In the event the
applicant fails to proceed with the application when scheduled by
the Board before which it is pending for a period of 120 days or more,
the Board may, upon prior written notice to the applicant of not less
than 15 days, dismiss the application without prejudice.
[Ord. No. 12-15]
a.
Any rezoning request made by a property owner or by the beneficial
owner of any property within the Township (other than for a rezoning
initiated by the Township or any of its constituent boards, bodies
or agencies or by any instrumentality of the County or of the State
of New Jersey) shall be made in writing to the Township Clerk and
be accompanied by the following fees:
b.
The fees set forth above shall be drawn as separate checks made payable
to "Township of Warren." The applicant shall be required to replenish
the aforesaid consultant's escrow account if the escrow posted is
insufficient to cover the fees and costs of the consultant's reviewing
the rezoning request. Any unexpended escrow shall be refunded to the
applicant.
c.
If the Township Committee authorizes the Township Attorney to draft
a rezoning ordinance, the applicant shall post an additional $1,000
to cover the costs of drafting such ordinance. The applicant shall
be required to replenish said attorney escrow if the escrow posted
is insufficient to cover the Township Attorney's fees and costs. Any
unexpended escrow shall be refunded to the applicant.
d.
The applicant shall reimburse the Township for its actual out-of-pocket
costs if notice is required under N.J.S.A. 40:55D-62.1 in connection
with such request for rezoning.
e.
The application and escrow fees detailed above shall be required
to be posted irrespective of whether such rezoning request is initiated
by the applicant before the Township Committee or the Township Planning
Board.
[Ord. No. 92-33]
a.
A minor subdivision shall be approved or denied within 45 days of
the date of submission of an application deemed complete by the administrative
officer, or within such further time as may be consented to by the
applicant.
Failure of the Planning/Zoning Board to act within the period
prescribed shall constitute minor subdivision approval and a certificate
of the Planning/Zoning Board as to the failure of such Board to act
shall be issued pursuant to N.J.S.A. 40:55D-10.4; and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval, herein required and shall be so accepted by the County Recording
Officer for purposes of filing subdivision plats.
c.
If the Planning/Zoning Board determines that the application is not
complete, the applicant shall be so notified and instructed to resubmit
the application within 90 days of the notice date or within such additional
time as agreed to the Board.
d.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, the Township Planning/Zoning
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.
Except as provided in paragraph f of this subsection, approval
of a minor subdivision shall expire 190 days from the date on which
the resolution of municipal approval is adopted unless within such
period a plat in conformity with such approval and the provisions
of the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., or deed clearly
describing the approved minor subdivision is filed by the developer
with the County Recording Officer, the Municipal Engineer and the
Municipal Tax Assessor. Any such plat or deed accepted for such filing
shall have been signed by the Chairman and Secretary of the Planning
Board. In reviewing the application for development for a proposed
minor subdivision the Planning/Zoning Board may be permitted by ordinance
to accept a plat not in conformity with the "Map Filing Act," N.J.S.A.
46:23-9.9 et seq.; provided that if the developer chooses to file
the minor subdivision as provided herein by plat rather than deed
such plat shall conform with the provisions of said Act. A translucent
copy of each plat shall be filed with the Township Engineer.
e.
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 on which the resolution of minor subdivision approval is adopted;
provided that the approved minor subdivision shall have been duly
recorded as provided in this subsection.
f.
The Planning/Zoning Board may extend the 190-day period for filing
a minor subdivision plat or deed pursuant to paragraph d of this subsection
if the developer proves to the reasonable satisfaction of the Planning/Zoning
Board (1) that the developer was barred or prevented, directly or
indirectly, from filing because of delays in obtaining legally required
approvals from other governmental or quasi-governmental entities and
(2) that the developer applied promptly for and diligently pursued
the required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Planning Board. The developer may apply for the
extension either before or after what would otherwise be the expiration
date.
g.
The Planning/Zoning Board shall grant an extension of minor subdivision
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other government entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before (1) what would otherwise be the expiration
date of minor subdivision approval; or (2) the 91st day after the
developer receives the last legally required approval from other governmental
entities, whichever occurs later.
h.
The Planning/Zoning Board shall retain five copies of a plat classified
and approved as a minor subdivision; one copy for its files, one copy
to the Tax Assessor, one copy to the Township Engineer, one copy to
the Code Enforcement Official and one copy to the Environmental Commission.
i.
Approval and Compliance Requirements. If the Board acts favorably
on a preliminary plat, the Board officers shall sign six copies of
the approved preliminary plat revised, if necessary, to reflect all
revisions required by the resolution of approval. The officers shall
not sign such plans until the conditions of approval specified in
the resolution of approval to be met prior to the signing of the plans
have been satisfied in full and certified to by approving agency or
party as identified in resolution.
[Ord. No. 92-33]
a.
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning/Zoning Board to act within the period prescribed shall constitute minor site plan approval. Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provisions of improvements pursuant to Sections 15-8 through 15-14 of this chapter.
c.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.6, the Planning/Zoning 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.
d.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted, shall not be changed for a period of two years after the
date of the minor site plan approval. The Planning/Zoning Board shall
grant an extension of this period for a period determined by the Board
but not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
Board that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the approvals.
A developer shall apply for this extension before: (1) what would
otherwise be the expiration date, or (2) the 91st day after the date
on which the developer receives the last of the legally required approvals
from the other governmental entities, whichever occurs later.
[Ord. No. 92-33; Ord. No. 06-11 § 1]
a.
Upon the submission to the administrative officer of a complete application
for a major subdivision of 10 or fewer lots, the Planning/Zoning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon the submission of a complete application
for a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning/Zoning Board shall be deemed to have granted
preliminary approval to the subdivision.
Upon the submission to the administrative officer of a complete
application for a major site plan which involves 10 acres of land
or less, and 10 dwelling units or less, the Planning Board shall grant
or deny preliminary approval within 45 days of the date of such submission
or within such further time as may be consented to by the developer.
Upon submission of a complete application for a site plan which involves
more than 10 acres, or more than 10 dwelling units, the Planning/Zoning
Board shall grant or deny preliminary approval within 95 days of the
date of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning/Zoning Board shall be
deemed to have granted preliminary approval to the site plan.
b.
If the Planning/Zoning Board required any substantial amendment in
the layout of improvements proposed by the developer that have been
the subject of a hearing, an amended application for development shall
be submitted and proceeded upon, as in the case of the original application
for development. The Planning/Zoning Board shall, if the proposed
development complies with the ordinance and N.J.S.A. 40:55D-1 et seq.,
grant preliminary plan approval.
d.
Whenever review or approval of the application by the County Planning
Board is required, the 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.
e.
Effect of Preliminary Approval. Preliminary approval of a major subdivision
pursuant to N.J.S.A. 40:55D-48 or of a site plan pursuant to N.J.S.A.
40:55D-46 shall, except as provided in paragraph e4 of this subsection,
confer upon the applicant the following rights for a three-year period
from the date on which the resolution of preliminary approval is adopted:
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 dimension and off-tract improvements; and, in the case
of a site plan, any requirements peculiar to site plan approval pursuant
to N.J.S.A. 40:55D-41; except that nothing herein shall be construed
to prevent the Township from modifying by ordinance such general terms
and conditions of preliminary approval as relate to public health
and safety;
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or section or sections
of the preliminary subdivision plat or site plan, as the case may
be; provided, however, that the applicant may only submit for final
approval in sections in accordance with the previously approved sectioning
plan and;
3.
That the applicant may apply for and the Planning/Zoning 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.
4.
In the case of a subdivision of or site plan for an area of 50 acres
or more, the Planning/Zoning Board may grant the rights referred to
in paragraphs e1, e2 and e3 of this subsection for such period of
time, longer than three years, as shall be determined by the Planning/Zoning
Board to be reasonable taking into consideration (1) the number of
dwelling units and nonresidential floor area permissible under preliminary
approval, (2) economic conditions, and (3) the comprehensiveness of
the development. The applicant may apply for thereafter and the Planning/Zoning
Board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the Planning/Zoning
Board to be reasonable taking into consideration (1) the number of
dwelling units and nonresidential floor area permissible under preliminary
approval, and (2) the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval, (3)
economic conditions and (4) the comprehensiveness of the development;
provided that if the design standards have been revised, such revised
standards may govern.
f.
Whenever the Planning/Zoning Board grants an extension of preliminary
approval pursuant to paragraphs e3 or e4 of this subsection and preliminary
approval has expired before the date on which the extension is granted,
the extension shall begin on what would otherwise be the expiration
date. The developer may apply for the extension either before or after
what would otherwise be the expiration date.
g.
The Planning/Zoning Board shall grant an extension of preliminary
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before (1) what would otherwise be the expiration
date of preliminary approval or (2) the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later. An extension granted pursuant to
this subsection shall not preclude the Planning/Zoning Board from
granting an extension pursuant to paragraphs e3 or e4 of this subsection.
h.
Approval and Compliance Requirements. If the Board acts favorably
on a preliminary plat, the Board officers shall sign six copies of
the approved preliminary plat revised, if necessary, to reflect all
revisions required by the resolution of approval. The officers shall
not sign such plans until the conditions of approval specified in
the resolution of approval to be met prior to the signing of the plans
have been satisfied in full and certified to by the approving agency
or party as identified in the resolution.
i.
No construction permit, or other authorization to proceed for the
clearing of a site or for installation or construction of on-site
or off-tract improvements shall be issued and no such work shall be
commenced until both the preliminary and final plans for subdivision
or site plans have been approved and signed by the designated Planning/Zoning
Board officers. No final plat shall be signed by the designated Planning/Zoning
Board officers until the preliminary plans have been signed. If an
applicant for a major subdivision or site plan which is proposed to
be constructed decides to proceed with the installation or construction
of required on-site, off-site or off-tract improvements before an
application for final approval, the applicant shall be required to
post a performance guaranty to restore the site to a safe and sanitary
condition in order to protect the interests of the public pursuant
to N.J.S.A. 40:55D-39D. The amount of the guaranty shall be 15% of
the estimated cost of the improvements. Restoration of the site shall
take place if the applicant ceases work on the site for a period of
12 months and has been notified in writing by the Township of the
intent to invoke the performance guaranty in order to begin restoration
of the site. The notice of intent shall take place after 12 months
of no substantial work on the site. Maintenance shall also include
the plowing of snow on streets or portions of streets not yet accepted
by the Township in order that vehicular access is at all times provided
to lots for which certificates of occupancy have been issued.
[Ord. No. 92-33; Ord. No. 06-11 § 2]
a.
The Planning/Zoning Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by this chapter for
final approval, the conditions of preliminary approval and, in the
case of a major subdivision, the standards prescribed by the "Map
Filing Law," P.L. 1960, c. 141.
b.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer, or within
such further time as may be consented to by the applicant. Failure
of the Planning/Zoning 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/Zoning Board to act shall
be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the County Recording
Officer for purposes of filing subdivision plats.
c.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision,
or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning/Zoning
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.
d.
Recording of Final Approval of Major Subdivision; Filing of All Subdivision
Plats. Final approval of a major subdivision shall expire 95 days
from the date of signing of the plat unless within such period the
plat shall have been duly filed by the developer with the County Recording
Officer. The Planning/Zoning Board may for good cause shown extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat. The Planning/Zoning Board
may extend the ninety-five-day or 190-day period if the developer
proves to the reasonable satisfaction of the Planning/Zoning Board
(1) that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and (2) that
the developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning/Zoning Board. The developer may apply for an extension
either before or after the original expiration date.
e.
No subdivision plat shall be accepted for filing by the County recording officer until it has been approved by the Planning/Zoning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-47, 50, 56, 61, 67, 76. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Section 15-14 of this chapter. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the Township, the plat shall be expunged from the official records.
f.
It shall be the duty of the County Recording Officer to notify the
Planning/Zoning Board in writing within seven days of the filing of
any plat, identifying such instrument by its title, date of filing,
and official number.
g.
Effect of final approval of a site plan or major subdivision.
1.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not
be changed for a period of two years after the date on which the resolution
of final approval is adopted; provided that in the case of a major
subdivision, duly recorded within the time period provided in N.J.S.A.
40:55D-54. If the developer has followed the standards prescribed
for final approval, and, in the case of a major subdivision has duly
recorded the plot as required in N.J.S.A. 40:55D-54, the Planning/Zoning
Board may extend such period of protection for extensions of one year
but not to exceed three extensions. Notwithstanding any other provisions
of this act, the granting of final approval terminates the time period
of preliminary approval pursuant to N.J.S.A. 40:55D-49 for the section
granted final approval.
2.
In the case of a subdivision or site plan for a conventional subdivision
or site plan for 150 acres or more, or site plan for development of
a nonresidential floor area of 200,000 square feet or more, the Planning/Zoning
Board may grant the rights referred to in paragraph a of this subsection
for such period of time, longer than two years, as shall be determined
by the Planning/Zoning Board to be reasonable taking into consideration
(1) the number of dwelling units and nonresidential floor area permissible
under final approval, (2) economic conditions and (3) the comprehensiveness
of the development. The developer may apply for thereafter, and the
Planning/Zoning Board may thereafter grant, an extension of final
approval for such additional period of time as shall be determined
by the Planning/Zoning Board to be reasonable taking into consideration
(1) the number of dwelling units and nonresidential floor area permissible
under final approval, (2) the number of dwelling units and nonresidential
floor area remained to be developed, (3) economic conditions and (4)
the comprehensiveness of the development.
h.
Whenever the Planning/Zoning Board grants an extension of final approval
pursuant to paragraphs g1 or g2 of this subsection and final approval
has expired before the date on which the extension is granted, the
extension shall begin on what would otherwise be the expiration date.
The developer may apply for the extension either before or after what
would otherwise be the expiration date.
i.
The Planning/Zoning Board shall grant an extension of final approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued these approvals. A developer shall apply
for the extension before (1) what would otherwise be the expiration
date of final approval or (2) the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later. An extension granted pursuant to paragraphs
g1 or g2 of this subsection shall not preclude the Planning/Zoning
Board from granting an extension pursuant to paragraphs g1 and g2
of this subsection.
j.
Improvements and Guarantees Required Prior to Final Approval, Issuance
of Building Permits and Certificates of Occupancy.
1.
The subdivider shall install or guarantee the installation of such
of the following improvements or portions thereof as may be required
by the Planning/Zoning Board, street grading and pavement or other
surfacing; gutters, curbs and sidewalks; shade trees; street lighting;
street signs; water mains, culverts, storm sewers or dry sewers, sanitary
sewers or dry sewers, or other means of sewage disposal, drainage
structures, and all appurtenances to such facilities properly connected
with approved systems of water supplies, sewage and storm water drainage
and any other improvements which reasonably may be required by the
said Board, as the case may be.
Such requirements shall take into consideration the characteristics
of potential development of various parts of the Township as reflected
in the comprehensive Land Use Plan embodied in the Zoning Ordinance,
with a view to providing safe, convenient and pleasant means for the
movement of traffic appropriate to the streets of the various classes
defined in this chapter and protecting the public health, safety,
comfort and convenience by provision for the proper distribution of
water and for adequate sewage and stormwater drainage in a manner
appropriate to the existing and prospective type and intensity of
development in various parts of the Township and in arrangements that
will not impose unnecessary financial burdens on property owners or
add to the normal costs of operation of the government of the Township.
2.
The standards in this chapter shall be deemed to be the minimum standards
necessary for any particular subdivision.
3.
All improvements shall be installed in accordance with the specifications
contained in this chapter.
4.
Requirements for the issuance of building permits and certificates
of occupancy relative to the installation of required improvements.
(a)
It shall be expressly understood that, notwithstanding the posting of a performance guarantee in accordance with the requirements of Section 15-14 of this chapter entitled, "Performance and Maintenance Guarantee of Improvements," no building permit shall be issued until final subdivision or final site plan approval is granted and until the developer has provided a plan setting forth adequate provisions to prevent the deposit of foreign material (mud, dirt, stone, gravel, etc.) on the Township of Warren or County of Somerset roadways during construction within the said subdivisions or site plans. The said "adequate provisions" referred to above shall be subject to the written approval and acceptance of the Township Engineer.
(b)
No certificate of occupancy, whether final, temporary or otherwise,
for residential and nonresidential buildings shall be issued until
all improvements for which a performance guarantee is posted, or was
required to be posted, have been completed and approved by the Township
Engineer or the Township Engineer has waived the completion of the
improvement before the issuance of a certificate of occupancy, allowing
the improvement to be completed after the certificate of occupancy
is issued provided adequate performance guarantees are posted to insure
the completion of the same. The Township Engineer shall only waive
items for completion hereunder if the same are prevented from completion
by matters beyond the control of the developer. In the case of single-family
subdivisions where subdivision improvements are not complete but the
health, safety and general welfare of Warren residents would not be
detrimentally affected by the issuance of a certificate of occupancy,
the Township Engineer shall recommend to the construction official
that the same be issued, provided the completion of all subdivision
improvements have been adequately guaranteed.
[Ord. No. 2000-28, § 1]
a.
Upon the expiration of the periods of protection afforded subdivisions and site plans by N.J.S.A. 40:55D-49 and N.J.S.A. 40:55D-52 (also see subsections 15-4.3 and 15-4.4), as the same may be extended by the Planning Board or Zoning Board of Adjustment, an applicant, before commencing or continuing any development work pursuant to a preliminary or final subdivision or site plan, shall reapply to the Board (Planning Board or Zoning Board of Adjustment) that originally granted the development approval for its review of the original approval to determine if any terms or conditions upon which the development approval was granted have changed and that change's effect on the application or if any other matters pertaining to the development must be reviewed by the Board before work on the site or subdivision can commence or continue.
b.
The Zoning Officer will immediately issue or cause to be issued a
stop work order as to a development project in the event any development
commences or continues once the aforesaid periods of protection have
lapsed.
[Ord. No. 92-33; Ord. No. 94-7, § 1; Ord. No. 96-5; Ord. No. 2000-28, § 2; Ord. No. 03-05, § 1; amended 12-10-2020 by Ord. No. 20-27]
b.
1.
Application-sketch plan: $200.
Plus 1-3 lots: $50.
4-10 lots: $100.
11-50 lots: $300.
50- + lots: $400.
c.
1.
Application preliminary major subdivision-with sketch plat approval:
$350.
Plus 1-3 lots: $50.
4-10 lots: $400.
11-50 lots: $800.
50- + lots: $1,600.
2.
Subdivision without sketch plat approval: $500.
Plus 1-3 lots: $100.
4-10 lots: $800.
11-50 lots: $1,600.
50- + lots: $3,200.
3.
Application for extension of preliminary approval: $100.
d.
1.
Application for final major subdivision: $300.
Plus 1-3 lots: $50.
4-10 lots: $100.
11-50 lots: $300.
50- + lots: $400.
e.
Application for preliminary site plan (nonresidential).
1.
Building area 10,000 square feet or less: $600.
2.
Building area more than 10,000 square feet to 50,000 square feet:
$1,500.
3.
Building area more than 50,000 square feet to 100,000 square feet:
$2,200.
4.
Building area more than 100,000 square feet: $3,300.
5.
Application for extension of preliminary approval: $100.
f.
Application for final site plan (nonresidential).
1.
Building area 10,000 square feet or less: $300.
2.
Building area more than 10,000 square feet to 50,000 square feet:
$600.
3.
Building area more than 50,000 square feet to 100,000 square feet:
$1,200.
4.
Building area more than 100,000 square feet: $1,800.
5.
Application for extension of final approval: $100.
g.
Application for preliminary site plan (Residential): $350 plus $10/unit.
h.
Application for final site plan (Residential): $200 plus $10/unit.
i.
Watercourse Protection Area. Site plan for watercourse protection
area for new construction on unimproved tract: $200.
Site plan for watercourse protection area for additional improvement
on improved tract: $100.
j.
Soil removal/fill permit: $50.
k.
Driveway permit: $50 plus $20 for each inspection.
l.
Minor Site Plan: $200.
m.
Resubmission of Plans. On the applications where substantially similar
plans are resubmitted within three months from the date of the original
submission, the fee shall be equivalent to 1/2 the current fee for
said submission.
n.
Certification of Approval (N.J.S.A. 40:55D-56): $25.
p.
Tree ordinance fees as required by Section 17-9b1: $25.
r.
Tax Map Revision Fee. In addition to the application fees set forth
above, the engineering department will submit invoices against the
applicant' s inspection fees necessary to defray cost of professional
services required to effect revisions to the Township Tax Map necessitated
by the development application for minor subdivision plats, final
major subdivision plats, and site plan applications created condominium
units whether residential or commercial units).
[Ord. No. 92-33; Ord. No. 96-5; Ord. No.
03-05, § 2; Ord. No. 04-06, § 2]
e.
Appeals filed pursuant to N.J.S.A. 40:55D-34: $150.
f.
Appeals filed pursuant to N.J.S.A. 40:55D-36: $150.
g.
Only one fee is to be charged for a single application regardless
of its complexity, and such fee will be the highest fee chargeable
under the above schedule.
h.
On appeals under N.J.S.A. 40:55D-76(b), the filing fee shall be the
sum of the applicable fees by class of development application and
variance(s), if applicable.
Fees for applications or for the rendering of any service by
the Planning Board or the Zoning Board of Adjustment or any member
of their administrative staffs which is not otherwise provided by
ordinance may be provided for and adopted as part of the rules of
the Board and copies of such rules or of the schedule shall be available
to the public.
i.
Tax Map Revision Fee. In addition to the application fees set forth
above, the following sums shall be due and payable at the time maps
are submitted for signature by the Board to defray the cost of professional
services required to effect revisions to the Township Tax Map necessitated
by the development application:
[Ord. No. 92-33; Ord. No. 94-7 § 2; Ord. No. 96-5 § 6; Ord.
No. 02-08 §§ 1, 2; Ord. No. 04-06 § 1; Ord.
No. 04-15 § 3; Ord. No.
05-14 §§ 7-9; Ord. No. 08-15 § 1;
Ord. No. 10-02, § 1; amended 12-10-2020 by Ord. No. 20-27]
a.
General.
1.
In addition to the submission of application filing fees (which are
charged to cover general Township administrative costs), as set forth
hereinbefore, development applications which meet the criteria established
herein shall be accompanied by a deposit of escrow funds in accordance
with the provisions of this subsection.
2.
Said escrow funds shall be utilized to cover the Township costs of
professional charges for review of applications, review and preparation
of documents and inspections of developments under construction and
review by outside consultants when an application is of a nature beyond
the scope of the expertise of the professional normally utilized by
the Township. All plan review and inspection fees or charges must
be set by resolution by the Planning Board or Zoning Board or Township
governing body. The only charge that shall be added to any such charges
shall be actual out-of-pocket expenses of any such professionals or
consultants, including normal and typical expenses incurred in processing
applications and inspecting improvements.
(a)
Review fees shall be charged only in connection with an application
for development presently pending before the approving authority or
upon review of compliance with conditions of approval, or review of
requests for modification or amendments made by the applicant.
(b)
A professional shall not review items which are subject to approval
by any State governmental agency and not under municipal jurisdiction
except to the extent consultation with a State agency is necessary
due to the effect of State approvals in the subdivision or site plan.
(c)
Inspection fees shall be charged only for actual work shown
on a subdivision or site plan or required by an approving resolution.
Professionals inspecting improvements under construction shall charge
only for inspections that are reasonably necessary to check the progress
and quality of the work and such inspections shall be reasonably based
on the approval development plans and documents.
3.
Sketch Plat, Preliminary Site Plan and/or Subdivision Approval Inclusive of Minor Site Plan as defined in subsection 15-1.3:
|
Escrow Amount
| |
|---|---|
|
Nonresidential:
| |
|
Less than 10,000 square feet of building area
|
$7,000
|
|
10,001-50,000 square feet of building area
|
$18,000
|
|
50,001-100,000 square feet of building area
|
$25,000
|
|
In excess of 100,000 square feet of building area
|
$35,000
|
|
Residential:
| |
|
1-3 lots or units
|
$4,000
|
|
4-10 lots or units
|
$10,000
|
|
11-25 lots or units
|
$20,000
|
|
26-50 lots or units
|
$25,000
|
|
51-100 lots or units
|
$30,000
|
|
In excess of 100 lots or units
|
$50,000
|
|
*
|
Escrow fees for amended Planning Board and Board of Adjustment
applications shall be reduced by 50% of the above posted fees.
|
4.
Final Plan Approval: 1/3 for nonresidential use and 1/2 for residential
use of the original escrow fee paid at the time of preliminary plan
application.
5.
Water Course Protection Area, Filling Permits/Site Plans and Waiver
of Site Plan: $500 per lot.
6.
Soil Removal/Fill Permit. An application fee of $50 shall accompany
each application, to be utilized to offset the general administrative
costs of the application. In addition to the application fee, the
following sums shall be posted in escrow to cover the Township costs
of professional and nonprofessional services incurred during the review
process and also for inspection costs required during the construction
process:
(a)
The sum of $500 where the application is for the addition, removal
or movement of between 100 and 999 cubic yards of soil, except in
matters pertaining to the construction of residential swimming pools
and other work related directly thereto where the fee shall be $250.
(b)
The sum of $1,000 where the application is for the addition,
removal or movement of between 1,000 and 4,999 cubic yards of soil.
(c)
The sum of $2,000 where the application is for the addition,
removal or movement of 5,000 cubic yards of soil or more.
(d)
No escrow fee shall be required for applications of less than
100 cubic yards of soil.
(e)
The sum of $250 where the application is for the construction
of a swimming pool.
(f)
The sum of $500 where the application is for the construction
of a footing and foundation unless the construction is included in
a project that is exempted hereinafter.
b.
Procedural Requirements.
1.
All escrow sums must be in the form of cash, certified check or money
order. All deposits of escrow funds shall be forwarded to the Chief
Financial Officer of the Township or designee, or other official designated
by the Township Committee.
2.
The Township Engineer will not commence his review of the application
until the required application fee has been paid and the required
escrow sums posted.
3.
An applicant to the Technical Coordinating Committee or other review
committee shall deposit all escrow funds called for in the within
subsection before the applicant's appearance before that committee.
The administrative officer of the Board having jurisdiction shall
have the right to waive the posting of escrow funds by an applicant
before that applicant's first appearance before the Technical Coordinating
Committee or other review committee for good cause and provided no
professional or nonprofessional review time is required relative to
the same. An applicant appearing initially before the Planning Board
or the Zoning Board of Adjustment shall deposit all escrow funds called
for in the within subsection before said appearance. No meeting or
hearing with the applicant shall be held by the said Boards or committees
until all escrow funds and required fees have been deposited in accordance
with this subsection.
4.
Additional escrow funds may be required when the escrow has been
depleted to 20% of the original escrow amount or that, in the opinion
of the escrow official or administrative officer, additional funds
are necessary. If an escrow account contains insufficient funds to
enable the Township or approving authority to perform required application
reviews or improvement inspections, the Chief Financial Officer of
the Township shall provide the applicant with a notice of the insufficient
escrow or deposit balance. In order for work to continue on the development
or the application, the applicant shall, within 14 days, post a deposit
to the account in an amount to be agreed upon by the Township or approving
authority and the applicant. In the interim, any required health and
safety inspections shall be made and charged back against the replenishment
of funds.
5.
Escrow deposits shall be placed in an interest bearing account by
the Chief Financial Officer of the Township and the same shall be
administered in accordance with the requirements of N.J.S.A. 40:55D-53.1.
6.
All disbursements to consulting professionals and applicable charges
from Township employed professionals for services involved in processing
an application which requires the deposit of escrow funds shall be
charged against the escrow account in accordance with the requirements
of N.J.S.A. 40:55D-53.2.
7.
The Chief Financial Officer of the Township shall make all payments
to professionals for services rendered pursuant to the formal procedures
prepared. All vouchers submitted by consulting professionals relative
to said application shall specify the name of the person performing
the service, the actual hours spent on the project (to 1/4 hour increments),
the services performed, the name of the project, the hourly rate being
charged and the date the work was performed.
(a)
All consulting professionals shall submit billing vouchers on
a monthly basis in accordance with the schedules developed by the
Chief Financial Officer. The professional shall send an informational
copy of the voucher to the applicant simultaneously with submission
to the Township. Any vouchers submitted 30 days or longer from date
of the signing of the plats or subdivision plans may be void.
(b)
The Chief Financial Officer of the Township shall prepare and
send to the applicant a monthly statement which shall include an accounting
of funds listing all deposits, interest earnings, disbursements and
the cumulative balance of the escrow account.
8.
All charges by Township employed professionals, enumerated hereinabove,
shall be submitted on a voucher by the Township employee to the Chief
Financial Officer of the Township containing the same information
as required on a voucher, on a monthly basis. The charge for Township
employed professionals shall not exceed 200% of the sum of the products
resulting from multiplying (1) the hourly base salary of each of the
professionals by (2) the number of hours spent by the respective professionals
on review of the application for development or the developer's improvements,
as the case may be. For other professionals, the charge to the deposit
shall be at the same rate as all other work of the same nature by
the professional for the Township when fees are not reimbursed or
otherwise imposed on applicants or developers.
9.
The following close-out procedures shall apply to all deposits and
escrow accounts established under the provisions of P.L. 1975, c.
291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving
authority has granted final approval and signed the subdivision plat
or site plan, in the case of application review escrows and deposits,
or after the improvements have been approved as provided in Section
41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53) in the case of improvement
inspection escrows and deposits.
(a)
The applicant shall send written notice by certified mail to
the Chief Financial Officer of the Township and the approving authority,
and to the relevant Township professional, when the application or
the improvements, as the case may be, are completed.
(b)
After receipt of such notice, the professional shall render
a final bill to the Chief Financial Officer of the Township within
30 days, and shall send a copy simultaneously to the applicant.
(c)
The Chief Financial Officer of the Township shall render a written
final accounting to the applicant on the uses to which the deposit
was put within 45 days of receipt of the final bill.
(d)
Any balances remaining in the deposit or escrow account, including
interest, shall be refunded to the developer along with the final
accounting.
10.
No resolution approving any development application which is subject
hereto shall be passed by either the Planning Board or the Zoning
Board of Adjustment until all fees and escrow sums required hereunder
have been paid in full.
11.
In the event that an applicant disputes the charges made by a professional
for services rendered to the Township in reviewing applications (or
development, review and preparation of documents, and inspection of
improvements or any other charges made pursuant to P.L. 1975, c. 291
(N.J.S.A. 40:55D-1 et seq.), the applicant shall notify in writing
the Township Committee with copies to the Chief Financial Officer,
the approving authority and the professional. The governing body or
its designee shall, within a reasonable time period, attempt to remediate
any disputed charges.
(a)
If the matter is not resolved to the satisfaction of the applicant,
the applicant may appeal to the County Construction Board of Appeals
established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127)
any charge to an escrow account or a deposit by any municipal professional
or consultant, or the cost of the installation of improvements estimated
by the Township Engineer pursuant to Section 13 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.4).
(b)
An applicant or its authorized agent shall submit the appeal
in writing to the County Construction Board of Appeals. The applicant
or its authorized agent shall simultaneously send a copy of the appeal
to the Township, approving authority, and any professional whose charge
is the subject of the appeal.
(c)
The County Construction Board of Appeals is required by law
to hear the appeals, render a decision thereon and file its decision
with a statement of the reasons therefor with the Township or approving
authority not later than 10 business days following the submission
of the appeal, unless such period of time has been extended with the
consent of the applicant. The decision may approve, disapprove or
modify the professional charges appealed from and a copy of the decision
shall be forwarded by certified or registered mail to the party making
the appeal, the Township, the approving authority and the professional
involved in the appeal.
(d)
During the pendency of any appeal, the Township or approving
authority shall continue to process, hear and decide the application
for development and to inspect the development in the normal course
and shall not withhold, delay or deny reviews, inspections, signing
of subdivisions plats or site plans, the reduction or the release
of performance or maintenance guarantees, the issuance of construction
permits or certificates of occupancy or any other approval or permit
because an appeal has been filed or is pending under this section.
(e)
The Chief Financial Officer of the Township may pay charges
out of the appropriate escrow account or deposit for which an appeal
has been filed.
(f)
If a charge is disallowed after payment, the Chief Financial
Officer of the Township shall reimburse the deposit or escrow account
in the amount of any such disallowed charge or refund the amount to
the applicant.
(g)
If the charge is disallowed after payment to a professional
or consultant who is not in the employ of the Township, the professional
or consultant shall reimburse the Township in the amount of any such
disallowed charge.
[Ord. No. 92-33; Ord. No. 96-7 § 2; Ord. No. 2000-8 §§ 1, 2; Ord. No. 05-03 § 1; Ord. No. 06-29 § 1; Ord.
No. 13-21; Ord. No. 2018-15]
a.
Purpose.
1.
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27D-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's adoption of rules.
2.
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A. 52:27D-329.2),
and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
or court-approved spending plan may retain fees collected from nonresidential
development.
3.
This subsection establishes standards for the collection, maintenance
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c. 46, §§ 8 and 32 through
38. Fees collected pursuant to this section shall be used for the
sole purpose of providing low- and moderate-income housing. This section
shall be interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:93-8.
b.
Basic Requirements.
1.
This section shall not be effective until approved by COAH or the
Superior Court of the State of New Jersey pursuant to N.J.A.C. 5:93-8.
2.
The Township of Warren shall not spend development fees until COAH
or the Superior Court of New Jersey has approved a plan for spending
such fees in conformance with N.J.A.C. 5:93-5.1(c).
c.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
COURT
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this section, shall
have the following meanings:
A development included in the Housing Element and Fair Share
Plan and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
The New Jersey Council on Affordable Housing, established
under the Act, or such other Agency as is created by the Legislature
which has primary jurisdiction for the administration of housing obligations
in accordance with sound regional planning consideration in the state.
The Superior Court of the State of New Jersey.
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 person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with §§ 1,
5 and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).
Those strategies that minimize the impact of development
on the environment and enhance the health, safety and well-being of
residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
d.
Mandatory Residential Development Fee.
1.
Residential development, except for residential development specifically
addressed in paragraph d(2) below, shall pay a fee of 1.5% of the
equalized assessed value (EAV) of the residential development; provided,
however, in the event an increase in density has been approved pursuant
to N.J.S.A. 40:55D-70d(5), or permitted pursuant to a rezoning subsequent
to March 9, 2010, a fee of 6% of the equalized assessed value shall
be paid for each dwelling unit over the number of units permitted
as a matter of right or permitted prior to rezoning. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
2.
Exemptions from residential mandatory development fees. The following
types of residential development shall be exempt from the requirement
to pay a residential mandatory development fee:
(a)
Inclusionary affordable housing developments or 100% affordable
housing developments.
(b)
Developments where the developer is providing for the construction
of the affordable units elsewhere in the Township.
(c)
Developments where the developer has made a payment in lieu
of on-site construction of affordable units.
(d)
On an existing lot, either vacant or improved, the expansion,
improvement, renovation, rehabilitation, reconstruction or replacement
of an existing detached single-family dwelling resulting in an increased
EAV of $50,000 or less, in any two-year period. For increases in EAV
of less than $50,000 but greater than $25,000, there shall be a flat-fee
payment of $300. For increases in EAV in excess of $50,000, the fee
shall be $300 plus 1.5% of the increase that exceeds $50,000.
(e)
The repair, reconstruction or replacement of owner-occupied
residential structures damaged or destroyed by fire or natural disaster.
(f)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
e.
Nonresidential Development Fees.
1.
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements for all new nonresidential construction on an
unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time a final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
2.
Eligible exactions, ineligible exactions and exemptions for nonresidential
development:
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the development fee of 2.5% unless
otherwise exempted below.
(b)
The fee of 2.5% shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within existing
footprint, reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF,
State of New Jersey Nonresidential Development Certification/Exemption
form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46 shall
be subject to it at such time the basis for the exemption no longer
applies and shall make the payment of the nonresidential development
fee, in that event, within three years after that event or after the
issuance of the final certificate of occupancy of the nonresidential
development, whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Township of Warren as a lien against the
real property of the owner.
f.
Collection Procedures.
1.
Upon the granting of a preliminary, final or other applicable approval
for a development, the applicable approving authority shall direct
its staff to notify the Zoning Officer.
2.
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF, State of New Jersey Nonresidential
Development Certification/Exemption, to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in Form N-RDF. The Tax Assessor shall
verify exemptions and prepare estimated and final assessments as per
the instructions provided in Form N-RDF.
3.
The Construction Official responsible for the issuance of a building
permit shall notify the local Tax Assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
4.
Within 90 days of receipt of that notice, the Municipal Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
5.
The Construction Official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
6.
Within 10 business days of a request for the scheduling of a final
inspection, the Municipal Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
7.
Should the Township of Warren fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of § 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
8.
50% of the development fee shall be collected by the Zoning Officer
at the time of issuance of the zoning permit. The remaining portion
shall be collected at the issuance of the certificate of occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at the time of the issuance of the zoning permit
and that determined at issuance of the certificate of occupancy.
9.
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by the Township of Warren. Appeals
from a determination of the Board may be made to the Tax Court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by the Township of
Warren. Appeals from a determination of the Director may be made to
the Tax Court in accordance with the provisions of the State Tax Uniform
Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the
date of such determination. Interest earned on amounts escrowed shall
be credited to the prevailing party.
g.
Affordable Housing Trust Fund.
1.
Establishment of fund. There is hereby established in the Township
of Warren an interest-bearing account known as the "Warren Township
Affordable Housing Trust Fund," which shall have as its primary purpose
support of low- and moderate-income housing in the Township of Warren
and the region in which it is included, in furtherance of the mandates
of the Constitution of the State of New Jersey. Trustees of the fund
shall be the Township Committee of the Township of Warren, and, in
accordance with the provisions of N.J.A.C. 5:93-8.19, the Superior
Court of the State of New Jersey may, upon notice to the Township
Clerk, direct the disbursement of development fees.
2.
The Township Committee, acting as trustees of the fund, shall have
the power to appoint a person or organization as Housing Officer to
administer the fund on its behalf and at its direction.
3.
Development fees collected from residential and nonresidential developers
and proceeds from the sale of units with extinguished controls shall
be deposited in the Township of Warren's affordable housing trust
fund maintained by the Chief Financial Officer.
4.
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Township of
Warren's affordable housing program.
5.
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH or the
Court.
6.
In the event of a failure by the Township of Warren to comply with
trust fund monitoring and reporting requirements or to submit accurate
monitoring reports; or a failure to comply with the conditions of
the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved Spending Plan and to expend
funds within the applicable required time period as set forth in In
re. Twp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442
N.J. Super. 563); or the expenditure of funds on activities not approved
by the Court; or for other good cause demonstrating the unapproved
use(s) of funds, the Court may authorize the State of New Jersey,
Department of Community Affairs, Division of Local Government Services
(LGS), to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within the Township of Warren, or, if not practicable, then within
the County of the Housing Region.
[Amended 5-9-2019 by Ord.
No. 19-33]
(a)
Any party may bring a motion before the Superior Court presenting
evidence of such condition(s), and the Court may, after considering
the evidence and providing the municipality with a reasonable opportunity
to respond and/or remedy the noncompliant condition(s), and upon a
finding of continuing and deliberate noncompliance, determine to authorize
LGS to direct the expenditure of funds in the Trust Fund. The Court
may also impose such other remedies as may be reasonable and appropriate
to the circumstances.
h.
Use of Funds.
1.
The expenditure of all funds shall conform to a spending plan approved
by COAH or the Court. Funds deposited in the housing trust fund may
be used for any activity approved by COAH or the Court to address
the Township of Warren's fair share obligation and may be set up as
a grant or revolving loan program. Such activities include, but are
not limited to, preservation or purchase of housing for the purpose
of maintaining or implementing affordability controls, rehabilitation,
new construction of affordable housing units and related costs, accessory
apartment, market to affordable or regional housing partnership programs,
conversion of existing nonresidential buildings to create new affordable
units, green building strategies designed to be cost saving and in
accordance with accepted national or state standards, purchase of
land for affordable housing, improvement of land to be used for affordable
housing, extensions or improvements of roads and infrastructure to
affordable housing sites, financial assistance designed to increase
affordability, administration necessary for implementation of the
Housing Element and Fair Share Plan or any other activity as permitted
pursuant to N.J.A.C. 5:93-8.16 and specified in the approved spending
plan.
2.
Funds shall not be expended to reimburse the Township of Warren for
past housing activities.
3.
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
4.
The Township of Warren may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:93-8.16(d).
5.
No more than 20% of all revenues collected from development fees
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units and
compliance with COAH's or the Court's monitoring requirements. Legal
or other fees related to litigation opposing affordable housing sites
or objecting to the Council's regulations and/or action are not eligible
uses of the Affordable Housing Trust Fund.
i.
Monitoring. The Township of Warren shall complete and return to COAH,
or LGS, or other entity designated by the state and/or the Court,
with a copy provided to Fair Share Housing Center and posted on the
Township website, all monitoring forms included in monitoring requirements
related to the collection of development fees from residential and
nonresidential developers, payments in lieu of constructing affordable
units on site, funds from the sale of units with extinguished controls,
barrier-free escrow funds, rental income, repayments from affordable
housing program loans and any other funds collected in connection
with the Township of Warren’s housing program, as well as to
the expenditure of revenues and implementation of the plan certified
by COAH and/or approved by the Court. All monitoring reports shall
be completed on forms designed by COAH and/or the Court.
[Amended 5-9-2019 by Ord.
No. 19-33]
j.
Ongoing Collection of Fees. The ability for the Township of Warren
to impose, collect and expend development fees shall expire with its
substantive certification or judgment of compliance unless the Township
of Warren has filed an adopted Housing Element and Fair Share Plan
with COAH, has petitioned for substantive certification or the entry
of a judgment of compliance from the Court, and has received COAH's
or the Court's approval of its development fee ordinance. If the Township
of Warren fails to renew its ability to impose and collect development
fees prior to the expiration of substantive certification or judgment
of compliance, it may be subject to forfeiture of any or all funds
remaining within its municipal trust fund. Any funds so forfeited
shall be deposited into the New Jersey Affordable Housing Trust Fund
established pursuant to § 20 of P.L. 1985, c. 222 (N.J.S.A.
52:27D-320). The Township of Warren shall not impose a residential
development fee on a development that receives preliminary or final
site plan approval after the expiration of its substantive certification
or judgment of compliance nor shall the Township of Warren retroactively
impose a development fee on such a development. The Township of Warren
shall not expend development fees after the expiration of its substantive
certification or judgment of compliance.
[Ord. No. 92-33]
Development applications shall be submitted in accordance with
applicable subsections of this section. Official filing forms and
checklists are available from the administrative official of the Planning
or Zoning Boards.
Prior to scheduling of action by the Board, the application
shall be reviewed for completeness and the applicant notified of finding
by the administrative officer of the Board having jurisdiction.
a.
The minimum standards for completeness are as follows:
1.
The appropriate application form signed by the owner and applicant
is submitted.
2.
The appropriate checklist or checklists are completed and filed with
the application and all items required by such checklist and submitted
or a waiver granted by the Board.
3.
All taxes are paid through the current quarter (the last tax payment
which was due on the property).
4.
All required fees and escrows are paid or posted.
b.
The plans shall be submitted in accordance with all requirements
and standards set forth in this chapter in the number required.
c.
Unless all of the above items are submitted to the Planning Board
or Zoning Board of Adjustment, the submission will not be reviewed
for completeness.
d.
Applications which do not comply with the minimum submission may
be rejected by the Administrative Officer and returned to applicant.
[Ord. No. 92-33]
An application for development shall be deemed complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the administrative officer. In the event that the administrative officer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless: (a) the application lacks information indicated on the checklist (Section 15-6) and provided to the applicant, and (b) the administrative officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
An applicant may request that one or more of the submission
requirements be waived, in which event the Board shall grant or deny
the request within 45 days. Nothing herein shall be construed as diminishing
the applicant's obligation to prove in the application process that
he is entitled to approval of the application.
The Planning Board or Zoning Board of Adjustment may subsequently
require correction of any information found to be in error and submission
of additional information not specified in the ordinance or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Board.
[Ord. No. 92-33; Ord. No. 03-05, § 3; Ord. No. 03-11, § 2; Ord. No. 03-25 § 2; Ord. No. 07-70 § 5; Ord.
No. 10-07, § II; Ord.
No. 13-04 § 1]
Applicant shall check off all items as submitted, not applicable, or waiver requested. Plans and improvements shall conform to standards and requirements of Sections 15-7 through 15-11 of this chapter.
Any request for waiver must accompany this application as a
separate rider, denoting reasons why the waiver should be granted.
The Board will review your request and notify you whether or not waiver
has been granted.
The Warren Township Planning/Zoning Board may require submission
of additional information not specified in this checklist as is reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required. (Municipal Land Use Law Chapter 291 C. 40:55D-10.3)
|
(See the following for the Minor Subdivision - Completeness
Checklist and Plat Details)
|
|
Minor Subdivision - Completeness Checklist and Plat Details
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
No.
|
Item
|
Submitted
|
Not Applicable
|
Waiver Requested
|
Planning Board
| |||
|
1.
|
2 copies completed application.
| |||||||
|
2.
|
Application fee is paid in accordance with Section 15-5. Minor Subdivision: $200
| |||||||
|
(Add $200 if variance relief is requested)
| ||||||||
|
3.
|
Escrow fee is paid in accordance with Section 15-5. Minor Subdivision 1-3 lots or units: $4,000
NOTE: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. [Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.]
| |||||||
|
4.
|
Signed Developer's Escrow Agreement
| |||||||
|
5.
|
Official Somerset County Planning Board receipt.
| |||||||
|
6.
|
Proof of submission to NJDEP for necessary permits.
| |||||||
|
7. (a)
|
Disclosure Statement listing names and addresses of all stockholders
or individual partners owning at least 10% of the interest in the
partnership or corporation in accordance with N.J.S.A. 40:55D-48.1.
| |||||||
|
Please note any applicant who is incorporated must have
an attorney represent them.
| ||||||||
|
7. (b)
|
Disclosure statement of 10% ownership interest of corporation
or partnership which is 10% owner of applying corporation or partnership
in accordance with N.J.S.A. 40:55D-48.2.
| |||||||
|
8.
|
Owner's letter of consent if applicant is other than the owner.
| |||||||
|
9.
|
List any variances being sought and all information necessary
for proper deliberation.
| |||||||
|
10.
|
Certification by Tax Collector that all taxes have been paid
through the current quarter.
| |||||||
|
11.
|
Copy of any protective covenants or deed restrictions applying
to the lands being developed.
| |||||||
|
12.
|
11 FOLDED blue on white prints and 15 11 inches by 17 inches
reduced copies. Applicant to bring 4 additional maps of the latest
revisions to each Planning Board meeting. 14 blue on white prints
for Board of Adjustment applications in accordance with the following:
| |||||||
|
13.
|
Proper scale (1 inch equals 100 feet minimum)
| |||||||
|
14.
|
Date and revision date(s).
| |||||||
|
15.
|
Name and address of applicant must be shown on plans.
| |||||||
|
16.
|
Key map showing surrounding area within 500 feet of site (scale
not less than 1 inch equals 800 feet)
| |||||||
|
17.
|
Name and address of person(s) preparing the plans, signature,
date, seal, and license number must be shown on plans.
| |||||||
|
18.
|
Name and address of owner of record and/or authorized agent
must be shown on plans.
| |||||||
|
19.
|
North arrow.
| |||||||
|
20.
|
Existing block and lot number(s) of the lot(s) as they appear
on the official municipal tax maps.
| |||||||
|
21(a)
|
A map of the entire tract or property prepared by a licensed
professional land surveyor showing the location of that portion to
be divided, giving all distances and bearings, showing all roads abutting
or traversing the property. Development boundaries shall be clearly
delineated and any reference corners shall be clearly indicated.
| |||||||
|
21(b)
|
Pursuant to N.J.A.C. 13:40-7(a)1, "a signed and sealed survey
prepared by a licensed professional land surveyor shall be submitted
in conjunction with all subdivision and site plan applications".
| |||||||
|
22.
|
Drainage calculations:
| |||||||
|
a.
|
Stormwater Management Plan - Calculations for evaluation of
on-site detention facilities for zero net increase in runoff.
| |||||||
|
b.
|
Calculations for downstream impact analysis without detention
facilities.
| |||||||
|
c.
|
Internal drainage system sizing calculations including inlet
drainage area map.
| |||||||
|
23.
|
Names and addresses of owners within 200 feet with respective
block and lot numbers.
| |||||||
|
24.
|
Any municipal limits within 200 feet of the subdivision and
the name of the adjoining municipality and county.
| |||||||
|
25.
|
Any adjacent lots in which applicants have a direct or indirect
interest.
| |||||||
|
26.
|
Location of existing and proposed:
| |||||||
|
a.
|
Property lines.
| |||||||
|
b.
|
Buildings (with an indication as to whether existing building
will be retained or removed.)
| |||||||
|
c.
|
Driveways
| |||||||
|
d.
|
Watercourses.
| |||||||
|
e.
|
Bridges
| |||||||
|
f.
|
Culverts
| |||||||
|
g.
|
Drain pipes
| |||||||
|
h.
|
Natural features and treed areas within tract - all driveways
and roads and structures within 200 feet of boundary.
| |||||||
|
All improvements proposed to be dedicated to and/or maintained by Warren Township shall conform to standards and requirements of Section 15-8.
| ||||||||
|
27.
|
Area in square feet of all existing and proposed lots.
| |||||||
|
28.
|
Indication of building setback lines from each property line.
| |||||||
|
29.
|
Existing and proposed contours at 5 feet intervals for slopes
averaging 10% or greater, at 2 feet intervals for slopes averaging
less than 10% and indicate those areas having a slope of 15% or greater
with shading.
| |||||||
|
30.
|
All existing streets as shown on the official map or master
plan.
| |||||||
|
31.
|
Where proposed or potential new building site is to be established,
plans for water supply and sewerage disposal systems.
| |||||||
|
32.
|
Zone district boundaries.
| |||||||
|
Zoning Schedule - indicating applicable zoning requirements
within 500 feet of site include also:
| ||||||||
|
a.
|
Lot area in square feet.
| |||||||
|
b.
|
Lot width in feet.
| |||||||
|
c.
|
Front yard setback in feet.
| |||||||
|
d.
|
Both side yard setbacks in feet.
| |||||||
|
e.
|
Rear and side yard setbacks for any accessory buildings.
| |||||||
|
f.
|
Maximum % lot coverage by building.
| |||||||
|
g.
|
Maximum height in stories and feet.
| |||||||
|
h.
|
Maximum % lot coverage by all buildings and pavement.
| |||||||
|
33.
|
Delineation of floodplain and wetland areas, and source of delineation
(NWI maps, etc.); if none, a statement describing the absence of such.
Show appropriate buffer around wetlands of applicable classification.
| |||||||
|
34.
|
A sketch of the proposed layout or disposition of remaining
lands, if any.
| |||||||
|
35.
|
For plats involving corner lot(s) sight triangle easements.
| |||||||
|
36.
|
If structure is located in Watercourse Protection area full site plan approval is required. All plats that encompass a watercourse protection area as outlined and defined in Section 15-10 shall contain the following certification:
This subdivision encompasses land in a Watercourse Protection
Area and is subject to all the standards and requirements of the Floodplain
and Watercourse regulations.
| |||||||
|
37.
|
If the applicant intends to file by deed record of the approved
subdivision with the County Recording Office, the following signature
block shall be provided on the deed:
| |||||||
|
APPROVED BY THE WARREN
TOWNSHIP PLANNING BOARD
Planning Board Chairman
Planning Board Secretary
|
Date
Date
| |||||||
|
38.
|
If the applicant intends to file the plat as record of the approved
subdivision with the County Recording Office, the plat shall be prepared
in compliance with the Map Filing Act P.L. 1060 C. 141 (C. 46.2309.9
et seq.) and bear the signature block as noted in item #37.
| |||||||
|
39.
|
Location and species of all existing trees or groups of trees
having a diameter in excess of 6 inches DBH. The location of all wooded
areas and the approximated number of trees per acre shall be shown
when tree count is more than 25 trees per acre.
| |||||||
|
40.
|
4 copies of an Environmental Assessment Report containing:
| |||||||
|
a.
|
Plan and description of the proposed development.
| |||||||
|
b.
|
Inventory of existing natural resources, on-site and affected
off-site area.
| |||||||
|
c.
|
Assessment of environmental impacts.
| |||||||
|
d.
|
Unavoidable adverse environmental impact (both long and short-term)
| |||||||
|
e.
|
Proposed mitigation measures.
| |||||||
|
f.
|
The following areas of concern must be addressed within each
of the above categories:
| |||||||
|
1.
|
Sewerage facilities.
| |||||||
|
2.
|
Water supply
| |||||||
|
3.
|
Stormwater runoff
| |||||||
|
4.
|
Floodplain and any N.J.D.E.P. stream encroachment permits needed.
| |||||||
|
5.
|
Solid waste disposal
| |||||||
|
6.
|
Air pollution
| |||||||
|
7.
|
Traffic
| |||||||
|
8.
|
Social/Economic impact.
| |||||||
|
9.
|
Aesthetics, including noise impacts, and historic value.
| |||||||
|
10.
|
Licenses, permits, etc. needed for completion of the project
| |||||||
|
11.
|
Wetlands (specify how delineated, quality and any NJDEP permits
required.
| |||||||
|
12.
|
Steep slopes (note significant areas of 12% or greater slopes.
| |||||||
|
13.
|
Soil types and descriptions
| |||||||
|
14.
|
Wildlife
| |||||||
|
15.
|
Vegetation
| |||||||
|
g.
|
Alternatives (changes in design and/or use as well as the "no-build
option").
NOTE: Any request for waiver of the above EAR must be submitted
in writing as a separate rider in duplicate to the Administrative
Officer of the Planning Board. A waiver request should address the
above items in #40 and describe why there is no impact from the proposed
development.
| |||||||
[Ord. No. 92-33; Ord. No. 03-05, § 4; Ord. No. 07-70 § 5; Ord. No. 10-07, § III; Ord. No. 13-04 § 2]
No plan shall be classified as a minor site if (a) a variance
is required, (b) the plan increases the size of the existing building
by more than 10% or 500 square feet, whichever the lesser, or (c)
the plan increases the number of off-street parking spaces by more
than 10% of existing or more than five in number, whichever the lesser.
Applicant shall check off all items as submitted, not applicable,
or waiver requested. Any request for waiver must accompany this application
as a separate rider, denoting reasons why the waiver should be granted.
The Board will review the request and notify applicant whether or
not waiver has been granted.
When the applicant appears before the Planning Board for either
a work session or public hearing, the applicant will be required to
bring four maps of the latest revision submission for the Board members.
The Warren Township Board may require submission of additional
information not specified in this checklist as is reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
(Municipal Land Use Law, Chapter 291 C. 40:55D-10.3).
|
(See the following for the Minor Site Plan Completeness
Checklist)
|
|
Minor Site Plan Completeness Checklist
| |||||||
|---|---|---|---|---|---|---|---|
|
No.
|
Item
|
Submitted
|
Not Applicable
|
Waiver Requested
|
Planning Board
| ||
|
1.
|
2 copies of completed application and checklist.
| ||||||
|
2.
|
Application fee is paid in accordance with Section 15-5. Minor Site Plan: $200
Add $200 if variance relief is requested
| ||||||
|
3.
|
Escrow fee is paid in accordance with Section 15-5. Minor Site Plan: $6,000
NOTE: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. (Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.)
| ||||||
|
4.
|
Signed Escrow Agreement
| ||||||
|
5(a)
|
Disclosure Statement listing names and addresses of all stockholders
or individual partners owning at least 10% of the interest in the
partnership or corporation in accordance with N.J.S.A. 40:55D-48.1
| ||||||
|
5(b)
|
Disclosure statement of 10% ownership interest of corporation
or partnership which is 10% owner of applying corporation or partnership
in accordance with N.J.S.A. 40:55D-48.2
| ||||||
|
6.
|
Owner's letter of consent if applicant is other than owner.
| ||||||
|
7.
|
Certification by the Tax Collector that all taxes have been
paid through the current quarter.
| ||||||
|
8.
|
Copy of all existing protective covenants or deed restrictions
of every nature affecting the premises sought to be developed or any
part thereof and including a statement as to whether such deeds or
covenants are of record.
| ||||||
|
9.
|
11 FOLDED and 15 11 inches by 17 inches REDUCED COPIES (Applicant
to bring 4 full size maps to meeting for Planning Board review) 14
copies if Board of Adjustment application) in accordance with the
following: (Please note that if not all of the following is applicable
to your site, simply check the "not applicable" column).
| ||||||
|
10.
|
Graphic scale of not less than 1 inch equal to 100 feet.
| ||||||
|
11.
|
Date and revision date(s)
| ||||||
|
12.
|
Name and address of applicant must be shown on plans.
| ||||||
|
13.
|
North arrow.
| ||||||
|
14.
|
Entire tract shown.
| ||||||
|
15.
|
Name of project.
| ||||||
|
16.
|
All title blocks should meet requirements of N.J.A.C. 13:40
Sections 1.3; 1.4; 1.5; 1.6
| ||||||
|
17.
|
Pursuant to N.J.A.C. 13:40-7.2(a)(1), a signed and sealed survey
prepared by a licensed professional land surveyor shall be submitted
in conjunction with all subdivision and site plan applications.
| ||||||
|
18.
|
Tax map identification (sheet number, block and lot numbers)
on plans.
| ||||||
|
19.
|
Tract boundaries and dimensions.
| ||||||
|
20.
|
Tract area (within 1/100 acres).
| ||||||
|
21.
|
Zone boundaries and existing schools within 200 feet
| ||||||
|
22.
|
Building height, size and location.
| ||||||
|
23.
|
Zoning Schedule - indicating applicable zoning requirements
and proposal including:
| ||||||
|
a.
|
Lot area in square feet.
| ||||||
|
b.
|
Lot width in feet.
| ||||||
|
c.
|
Front yard setback in feet.
| ||||||
|
d.
|
Both side yard setbacks in feet.
| ||||||
|
e.
|
Rear yard setback in feet.
| ||||||
|
f.
|
Rear and side yards for accessory buildings in feet.
| ||||||
|
g.
|
Maximum percent (%) lot coverage by all buildings and pavement.
| ||||||
|
h.
|
Floor area ratio.
| ||||||
|
24.
|
Location and width of all existing and proposed easements.
| ||||||
|
25.
|
Names and addresses of owners within 200 feet with respective
block and lot numbers.
| ||||||
|
26.
|
Signature block for endorsement of the Planning Board Chairman
and Planning Board Secretary on cover sheet of plans in lower right
hand corner of plan:
| ||||||
|
APPROVED BY THE WARREN
TOWNSHIP PLANNING BOARD
| |||||||
|
Planning Board Chairman
Planning Board Secretary
|
Date
Date
| ||||||
|
27.
|
Location and size of existing building and structures.
| ||||||
|
28.
|
Structures to be removed shall be clearly indicated by dashed
lines.
| ||||||
|
29.
|
Existing elevations and contours (2 feet contour internal and
extended minimum of 100 feet beyond tract).
| ||||||
|
30.
|
Proposed elevations and contours (2 feet contour internal).
| ||||||
|
31.
|
Exterior wall material.
| ||||||
|
32.
|
Exterior architectural lighting and details.
| ||||||
|
33.
|
Access streets (names, width, lanes).
| ||||||
|
34.
|
Vehicular ingress and egress to and from site onto public streets.
| ||||||
|
35.
|
Directional traffic flow on site.
| ||||||
|
36.
|
Calculation of parking provided and required, including barrier-free
parking spaces.
| ||||||
|
37.
|
Location and scaled design of off-street parking.
| ||||||
|
38.
|
Size and location of bays, aisles and planting areas.
| ||||||
|
39.
|
Off-street parking areas paved and curbed.
| ||||||
|
40.
|
Written use plan, explaining intended use of the building.
| ||||||
|
41.
|
Size and location of driveways and curb cuts.
| ||||||
|
42.
|
Driveways conform to maximum and minimum dimensions required.
| ||||||
|
43.
|
Sight easements shown on plan.
| ||||||
|
44.
|
Fire lanes.
| ||||||
|
45.
|
Loading spaces or docks, including signage.
| ||||||
|
46.
|
Signage details with dimensions
| ||||||
|
47.
|
Applicable barrier free design in accordance with N.J.S.A. 16:41-2.5.
| ||||||
|
48.
|
3 sets of drainage calculations:
| ||||||
|
a.
|
Stormwater Management Plan - Calculations for evaluation of on-site detentions facilities for zero net increase in runoff as required by Chapter 15 (Land Use Procedure and Development).
| ||||||
|
b.
|
Calculations for downstream impact analysis without detention
facilities.
| ||||||
|
c.
|
Internal drainage system sizing calculations including inlet
drainage area map.
| ||||||
|
d.
|
Design standards for all facilities as set forth in Section 15-10.
| ||||||
|
e.
|
Proposed stormwater retention or detention facilities, if warranted.
| ||||||
|
49.
|
Existing and proposed storm sewer system.
| ||||||
|
50.
|
Existing and proposed sanitary sewers.
| ||||||
|
51.
|
Existing and proposed water mains and hydrants.
| ||||||
|
52.
|
Existing and proposed gas lines.
| ||||||
|
53.
|
Existing and proposed electric lines.
| ||||||
|
54.
|
Existing and proposed telephone lines.
| ||||||
|
55.
|
Existing and proposed common space.
| ||||||
|
56.
|
Existing and proposed open space.
| ||||||
|
57.
|
Collection and disposal method of recyclable materials and solid waste in accordance with Chapter 11 of the Revised General Ordinances of Warren Township.
| ||||||
|
58.
|
Streams, waterways, watercourse protection areas and flood plains
on site and within 200 feet of tract. If none, a statement describing
the absence of such.
"This lot encompasses land in a Watercourse Protection Area
and is subject to all the standards and requirements of the Floodplain
and Watercourse regulations of the Township of Warren."
| ||||||
|
59.
|
Setback lines; provided and required.
| ||||||
|
60.
|
Proposed landscaping areas including types and sizes of plantings,
staking and mulching details (include buffer area).
| ||||||
|
61.
|
Buffer areas, including height, width calculation of area required,
and type of buffer and its expected effectiveness in screening views,
auto headlights and reducing noise.
| ||||||
|
62.
|
Indication of wetlands on tract, as determined by National Wetlands
Inventory maps. If none, a statement to that effect should appear
on the plans. Indicate classifications of wetlands and show appropriate
buffer where applicable.
| ||||||
|
63.
|
Indicate slopes greater than 15% by shading.
| ||||||
|
64.
|
Lighting details for parking lots and common areas.
| ||||||
|
65.
|
Seeded or sodden areas, groundcover, retaining walls, fencing,
shrubbery, and trees (including height and caliper).
| ||||||
|
66.
|
Indication of significantly sized trees (approximately 12 inches
or greater dbh).
| ||||||
|
67.
|
All improvements proposed to be dedicated to and/or maintained by Warren Township shall conform to standards and requirements of Section 15-8.
| ||||||
[Ord. No. 92-33; Ord. No. 03-11, § 3; Ord. No. 03-25 § 2; Ord. No. 10-07, § IV; Ord. No. 13-04 § 3]
Applicant shall check off all items as submitted, not applicable, or waiver requested. Plans and improvements shall conform to standards and requirements of Sections 15-7 through 15-11 of this chapter.
Any request for waiver must accompany this application as a
separate rider, denoting reasons why the waiver should be granted.
The Zoning Board will review your request and notify you whether or
not waiver has been granted.
The Warren Township Board may require submission of additional
information not specified in this checklist as is reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
(Municipal Land Use Law Chapter 291 C. 40:55D-10.3).
When the applicant appears before the Planning Board for either
a work session or public hearing, the applicant will be required to
bring with them four maps of the latest revision submission for the
Planning Board members.
|
(See the following for the Watercourse Protection Area
Completeness Checklist)
|
|
Watercourse Protection Area Completeness Checklist
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
No.
|
Item
|
Submitted
|
Not Applicable
|
Waiver Requested
|
Planning Board
| |||
|
1.
|
2 copies completed application and checklist.
| |||||||
|
2.
|
Application fee is paid in accordance with Section 15-5.
Watercourse Protection Area:
| |||||||
|
New construction or unimproved lot:
|
$200
| |||||||
|
Additional improvements on improved tract:
|
$100
| |||||||
|
3.
|
Escrow fee is paid in accordance with Section 15-5.
Watercourse protection area and filing permits or
Site Plan: $500
Note: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. (Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.)
| |||||||
|
4.
|
Signed Escrow Agreement
| |||||||
|
5.
|
Official Somerset County Planning Board receipt which demonstrates
proof of filing with the County.
| |||||||
|
6.
|
Proof of submission to N.J.D.E.P.
| |||||||
|
7(a)
|
Disclosure Statement: Application by Corporation or Partnership
for approval of a site to be used for commercial purposes shall list
all stockholders holding 10% or more of stock in any class and/or
all individual partners having 10% or greater interest in partnership
or corporation.
Please note: Any applicant that is incorporated must have an
attorney represent them.
| |||||||
|
7(b)
|
Disclosure Statement: of 10% ownership interest of Corporation
or Partnership which is 10% owner of applying Corporation or Partnership.
| |||||||
|
8.
|
Owner's letter of consent if applicant is other than the owner.
| |||||||
|
9.
|
List of any variances being sought, including all information
necessary for proper deliberation.
| |||||||
|
10.
|
Certification by Tax Collector that all taxes have been paid
through the current quarter.
| |||||||
|
11.
|
Copy of all existing protective covenants or deed restrictions
of every nature affecting the premises sought to be developed or any
part thereof and including a statement as to whether such deeds or
covenants are of record.
| |||||||
|
12.
|
A copy of abstract of the deed or deeds or other instruments
by which title is derived with the names of all owners.
| |||||||
|
13.
|
11 FOLDED blue on white prints and 15 11 inches by 17 inches
reduced copies in accordance with the following: Please Note: Applicant
to bring 4 additional full size maps of the latest revision to each
Planning Board meeting.
| |||||||
|
14.
|
Proper scale (1 inch equals 100 feet)
| |||||||
|
15.
|
Graphic scale
| |||||||
|
16.
|
Key map (not less than 1 inch equals 1,600 feet)
| |||||||
|
17.
|
Date and revision date.
| |||||||
|
18.
|
Name and address of applicant must be shown on the plans.
| |||||||
|
19.
|
Name and address of person(s) preparing the plans, signature,
date, seal, and license number must be shown on plans.
| |||||||
|
20.
|
Name and address of owner of record and/or authorized agent
must be shown on plans.
| |||||||
|
21.
|
North arrow.
| |||||||
|
22.
|
Existing block and lot number(s) of the lot(s) as they appear
on the official municipal tax maps.
| |||||||
|
23.
|
Entire tract shown.
| |||||||
|
24.
|
Name of project.
| |||||||
|
25.
|
All title blocks should meet requirements of N.J.A.C. 13:40
Sections 1.3, 1.4, 1.5, 1.6.
| |||||||
|
26.
|
Survey of tract certified by Professional Licensed Land Surveyor
indicating boundaries and area (within 1/100 acre).
| |||||||
|
27.
|
Names of adjoining owners and owners within 200 feet with respective
block and lot numbers and tax sheet numbers.
| |||||||
|
28.
|
Tax map identification (sheet number, block and lot numbers)
on plans.
| |||||||
|
29.
|
Space provided for endorsement of the Chairman and Secretary
of the Planning Board.
| |||||||
|
30.
|
Zone boundaries and existing schools within 200 feet
| |||||||
|
31.
|
Improvements and utilities within 200 feet
| |||||||
|
32.
|
Proposed rights-of-way.
| |||||||
|
33.
|
Any adjacent lots in which applicant has a direct or indirect
interest.
| |||||||
|
34.
|
Improvements to adjoining streets and roads.
| |||||||
|
35.
|
All distances to the nearest intersection with any public street
(measured along sideline or centerline of adjacent street).
| |||||||
|
36.
|
Building height, size and location.
| |||||||
|
37.
|
Percent (%) of building coverage, and proposed floor area ratio.
| |||||||
|
38.
|
Location and size of existing building and structures, on-site
and within 200 feet
| |||||||
|
39.
|
Structures to be removed shall be indicated by dashed lines.
| |||||||
|
40.
|
Minimum proposed floor elevations in accordance with Section 15-10 of this chapter.
| |||||||
|
41.
|
Designate and note existing structures on Historic Landmarks
inventory maintained by the Somerset County Planning Board.
| |||||||
|
42.
|
Existing elevations and contours (2 feet contour internal and
extended minimum of 100 feet beyond tract).
| |||||||
|
43.
|
Proposed elevations and contours (2 feet contour internal).
| |||||||
|
44.
|
Indication of slopes greater than 15% by shading.
| |||||||
|
45.
|
Exterior wall material.
| |||||||
|
46.
|
Exterior architectural design lighting and illumination patterns
and details.
| |||||||
|
47.
|
Access streets (names, width, lanes).
| |||||||
|
48.
|
Vehicular ingress and egress to and from site onto public streets.
| |||||||
|
49.
|
Directional traffic flow on site.
| |||||||
|
50.
|
Calculation of parking provided and required, including barrier-free
parking spaces.
| |||||||
|
51.
|
Location, scaled design of off-street parking.
| |||||||
|
52.
|
Size and location of bays, aisles and planting areas.
| |||||||
|
53.
|
Off-street parking areas paved and curbed.
| |||||||
|
54.
|
Written use plan, explaining intended use of the building.
| |||||||
|
55.
|
Size and location of driveways and curb cuts.
| |||||||
|
56.
|
Driveways conform to maximum and minimum dimensions required.
| |||||||
|
57.
|
Site easements shown on plan.
| |||||||
|
58.
|
Sidewalks, walkways and pedestrian lanes.
| |||||||
|
59.
|
Fire Lanes.
| |||||||
|
60.
|
Loading spaces or docks, including signage.
| |||||||
|
61.
|
6 sets of traffic impact analysis for sites generating more
than 25 vehicles per hour
| |||||||
|
62.
|
Existing and proposed storm sewer system.
| |||||||
|
63.
|
Drainage Calculations:
| |||||||
|
a.
|
Stormwater Management Plan - Calculations for evaluation of
on-site detention facilities for zero net increase in runoff.
| |||||||
|
b.
|
Calculations for downstream impact analysis without detention
facilities.
| |||||||
|
c.
|
Internal drainage system sizing calculations including inlet
drainage area map.
| |||||||
|
64.
|
Existing and proposed sanitary sewers.
| |||||||
|
65.
|
Existing and proposed water mains and hydrants.
| |||||||
|
66.
|
Existing and proposed gas lines.
| |||||||
|
67.
|
Existing and proposed electrical lines.
| |||||||
|
68.
|
Existing and proposed telephone lines.
| |||||||
|
69.
|
Existing and proposed common space.
| |||||||
|
70.
|
Existing and proposed open space.
| |||||||
|
71.
|
Solid waste collection and disposal method, including recyclable
material storage area.
| |||||||
|
72.
|
Streams, waterways and floodplains on tract and within 200 feet
of tract.
| |||||||
|
73.
|
Indication of wetland areas on tract, including classification
and buffer where appropriate.
| |||||||
|
74.
|
Watercourse Protection areas, flood boundaries and elevation
to be shown.
| |||||||
|
75.
|
Setback lines; provided and required.
| |||||||
|
76.
|
Buffer areas, including height, width and type of buffer and
its expected effectiveness in screening views, auto headlights and
reducing noise.
| |||||||
|
77.
|
Proposed landscaping areas including types and sizes of plantings,
and planting, staking and mulching details (include buffer area).
| |||||||
|
78.
|
Area(s) of proposed dedication for public use.
| |||||||
|
79.
|
Seeded or sodden areas, ground cover, retaining walls, fencing,
shrubbery, and trees, including height and caliper.
| |||||||
|
80.
|
Location and diameter of single trees not in wooded areas with
diameter of 6 inches or more as measured 3 feet above the base of
the trunk.
| |||||||
|
81.
|
Soil erosion and sediment control plan.
| |||||||
|
82.
|
4 copies of an Environmental Assessment Report containing:
| |||||||
|
a.
|
Plan and description of the proposed development.
| |||||||
|
b.
|
Inventory of existing natural resources, on site and affected
off-site area.
| |||||||
|
c.
|
Assessment of environmental impacts.
| |||||||
|
d.
|
Unavoidable adverse environmental impact (both long and short
term).
| |||||||
|
e.
|
Proposed mitigation measures.
| |||||||
|
f.
|
The following areas of concern must be addressed within each
of the above categories:
| |||||||
|
1.
|
Sewerage facilities
| |||||||
|
2.
|
Water supply
| |||||||
|
3.
|
Stormwater runoff
| |||||||
|
4.
|
Floodplain and any N.J.D.E.P. stress encroachment permits needed.
| |||||||
|
5.
|
Solid waste disposal
| |||||||
|
6.
|
Air pollution
| |||||||
|
7.
|
Traffic
| |||||||
|
8.
|
Social/Economic impact
| |||||||
|
9.
|
Aesthetics, including noise impacts, and historic value.
| |||||||
|
10.
|
Licenses, permits, etc. needed for completion of the project.
| |||||||
|
11.
|
Wetlands (specify how delineated, classification, buffer, and
any N.J.D.E.P. permits required.
| |||||||
|
12.
|
Steep slopes (note significant areas of 12% or greater slopes).
| |||||||
|
13.
|
Soil types and descriptions
| |||||||
|
14.
|
Wildlife
| |||||||
|
15.
|
Vegetation
| |||||||
|
g.
|
Alternatives (changes in design and/or use as well as the "no
build option."
| |||||||
|
Note: Any request for waiver of the above EAR must be submitted
in writing as a separate rider in duplicate to the Planning Board
Secretary. A waiver request should address the items listed in #82
and describe why there is no impact from the proposed development.
| ||||||||
[Ord. No. 92-33; Ord. No. 03-11, § 4; Ord. No. 03-25 § 2; Ord. No. 07-70 § 5; Ord.
No. 10-07, § V; Ord. No.
13-04 § 4]
Applicant shall check off all items as submitted, not applicable, or waiver requested. Plans and improvements shall conform to standards and requirements of Sections 15-7 through 15-11 of this chapter.
Any request for waiver must accompany this application as a
separate rider, denoting reasons why the waiver should be granted.
The Zoning Board will review your request and notify you whether or
not waiver has been granted.
The Warren Township Board may require submission of additional
information not specified in this checklist as is reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
(Municipal Land Use Law Chapter 291 C. 40:55D-10.3).
When the applicant appears before the Planning Board for either
a work session or public hearing, the applicant will be required to
bring four maps of the latest revision submission for the Planning
Board members.
|
(See the following for the Preliminary Major Subdivision
Completeness Checklist)
|
|
Preliminary Major Subdivision Completeness Checklist
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
No.
|
Item
|
Submitted
|
Not Applicable
|
Waiver Requested
|
Planning Board
| ||||
|
1.
|
2 copies completed application and checklist
| ||||||||
|
2.
|
Application fee is paid in accordance with Section 15-5.
Preliminary Major Subdivision with Sketch Plat Approval: $350
Plus:
| ||||||||
|
1-3 Lots:
4-10 Lots:
11-50 Lots:
50+ Lots:
|
$50
$400
$800
$1,600
| ||||||||
|
3.
|
Escrow fee is paid in accordance with Section 15-5.
Preliminary Major Subdivision:
| ||||||||
|
1-3 lots or units:
4-10 lots or units:
11-25 lots or units:
26-50 lots or units:
51-100 lots or units:
Excess of 100 lots or units:
|
$4,000
$10,000
$20,000
$25,000
$30,000
$50,000
| ||||||||
|
NOTE: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. (Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.)
| |||||||||
|
4.
|
Signed Escrow Agreement
| ||||||||
|
5.
|
Official Somerset County Planning Board receipt.
| ||||||||
|
6.
|
Proof of submission to N.J.D.E.P. for necessary permits.
| ||||||||
|
7a.
|
Disclosure Statement listing names and addresses of all stockholders
or individual partners owning at least 10% of the interest in the
partnership or corporation in accordance with N.J.S.A. 40:55D-48.1.
Any applicant who is incorporated must be represented by an attorney.
| ||||||||
|
7b.
|
Disclosure statement of 10% ownership interest of corporation
or partnership which is 10% owner of applying corporation or partnership
in accordance with N.J.S.A. 40:55D-48.2.
| ||||||||
|
8.
|
Owner's letter of consent if applicant is other than owner.
| ||||||||
|
9.
|
List of any variances being sought, including all information
necessary for proper deliberation.
| ||||||||
|
10.
|
Certification by Tax Collector that all taxes have been paid
through the current quarter.
| ||||||||
|
11.
|
Copy of all existing protective covenants or deed restrictions
of every nature affecting the premises sought to be developed or any
part thereof and including a statement as to whether such deeds or
covenants are of record.
| ||||||||
|
12.
|
A copy of abstract of the deed or deeds or other instruments
by which title is derived with the names of all owners.
| ||||||||
|
13.
|
11 FOLDED blue on white signed and sealed maps
and 15 11 inches by 17 inches (14) if Board of Adjustment in accordance
with the following: Please note: Applicant is to bring 4 additional
maps of the latest revision to each Planning Board meeting.
| ||||||||
|
14.
|
Proper scale (1 inch equals 50 feet) minimum
| ||||||||
|
15.
|
Date and revision date on each sheet, (overall plan revision
dates to be shown on cover sheet.)
| ||||||||
|
16.
|
Name and address of applicant must be shown on plans.
| ||||||||
|
17.
|
Name and address of person(s) preparing the plans, signature,
date, seal, and license number must be shown on plans.
| ||||||||
|
18.
|
Name and address of owner of record and/or authorized agent
must be shown on plans.
| ||||||||
|
19.
|
North arrow.
| ||||||||
|
20.
|
Existing block and lot number(s) of the lot(s) as they appear
on the official tax maps.
| ||||||||
|
21.
|
A map of the entire tract or property signed and sealed by a
professional licensed surveyor showing the location of that portion
to be divided, giving all distances and showing all roads abutting
or traversing the property. Development boundaries shall be clearly
delineated.
| ||||||||
|
21a.
|
Pursuant to N.J.A.C. 13:40-7(a)1, "a signed and sealed survey
prepared by a licensed professional land surveyor shall be submitted
in conjunction with all subdivision and site plan applications."
| ||||||||
|
22.
|
Name and address of all owners within 200 feet of the subdivision
and the name of the adjoining municipality and county.
| ||||||||
|
23.
|
Any municipal limits within 200 feet of the subdivision and
the name of the adjoining municipality and county.
| ||||||||
|
24.
|
Drainage submitted must include:
| ||||||||
|
a.
|
Title sheet.
| ||||||||
|
b.
|
Site survey and layout plan.
| ||||||||
|
c.
|
Landscaping plan.
| ||||||||
|
d.
|
Clearing, grading, and drainage plan.
| ||||||||
|
e.
|
Erosion and sedimentation control plans.
| ||||||||
|
f.
|
Municipal utilities plans and profiles - road profiles and private
utilities to be shown in plan.
| ||||||||
|
g.
|
Township standard details (2 sheets).
| ||||||||
|
25.
|
Public improvement construction plans and specifications at
a scale of 1 inch equals 50 feet minimum. Plans to construct public
improvements prior to submission for final approval shall show sufficient
detail to allow a thorough Engineering review.
| ||||||||
|
26.
|
Standard road and sewer construction detail sheets (2)
| ||||||||
|
27.
|
Key map (not greater than 1 inch equals 1,600 feet)
| ||||||||
|
28.
|
Title Block to be in accordance with Chapter 40 of revised statute
45:8 of the State Board of Professional engineers and Land Surveyors
stipulating title block content.
| ||||||||
|
a.
|
Name of development, municipality and county.
| ||||||||
|
b.
|
Name and address of developer.
| ||||||||
|
c.
|
Scale
| ||||||||
|
d.
|
Date of Preparation.
| ||||||||
|
e.
|
Name, address, signature and license number of the professional
engineer and other professionals that prepared the drawings.
| ||||||||
|
29.
|
Graphic scale and North arrow
| ||||||||
|
30.
|
Signature block for endorsement of the Board Chairman and Board
Secretary on cover sheet of plans in lower right hand corner of plan:
| ||||||||
|
APPROVED BY THE WARREN
TOWNSHIP PLANNING BOARD
| |||||||||
|
Chairman
Secretary
|
Date
Date
| ||||||||
|
31.
|
All existing tract boundaries or lot lines.
| ||||||||
|
32.
|
Lot and block number of each bordering lot.
| ||||||||
|
33.
|
Planning district boundaries affecting the tract and within
200 feet.
| ||||||||
|
34.
|
Planning Schedule indicating applicable zoning requirements
and proposal including:
| ||||||||
|
a.
|
Lot area in square feet.
| ||||||||
|
b.
|
Lot width in feet.
| ||||||||
|
c.
|
Front yard setback in feet.
| ||||||||
|
d.
|
Both side yard setbacks in feet.
| ||||||||
|
e.
|
Rear yard setback in feet.
| ||||||||
|
f.
|
Rear and side yard setbacks for any accessory buildings.
| ||||||||
|
g.
|
Maximum % lot coverage by building.
| ||||||||
|
h.
|
Maximum height in stories and feet.
| ||||||||
|
i.
|
Maximum % lot coverage by all buildings and pavement.
| ||||||||
|
j.
|
Floor area ratio.
| ||||||||
|
35.
|
The location of any portion which is to be developed in relation
to the entire tract.
| ||||||||
|
36.
|
Existing and proposed contours at 5 feet intervals for slopes
averaging 10% or greater, and at 2 feet intervals for slopes averaging
less than 10%.
| ||||||||
|
37.
|
Indication of slopes of 15% or greater to be shown with shading.
| ||||||||
|
38.
|
Acreage of the parcels to be developed to the nearest tenth
of an acre.
| ||||||||
|
39.
|
Location of all existing structures on site and within 200 feet
of the site. If site structure presents a variance condition, offsets
shall be provided.
| ||||||||
|
40.
|
Indication of whether existing structures and uses will be retained
or removed to be clearly indicated with a dashed line.
| ||||||||
|
41.
|
The location and extent of all existing and proposed easements
of rights-of-way (whether public or private), or utility or encroachments
affecting the tract, including a statement of the limits and purpose
of the easement rights.
| ||||||||
|
42.
|
The boundaries and dimensions of any proposed new lot(s), the
number of new lots, and the area of each proposed lot in square feet.
| ||||||||
|
43.
|
A sketch of the proposed layout or disposition of remaining
lands, if any.
| ||||||||
|
44.
|
The location and use of all property to be reserved by covenant
in the deed for the common use of all property owners or otherwise.
| ||||||||
|
45.
|
All means of vehicular access and egress to and from the tract
or site onto public streets, showing the size and location of driveways,
curb cuts, traffic signs, and signals, channelization, acceleration
and deceleration lanes.
| ||||||||
|
46.
|
Plans, typical sections, centerline profiles, cross sections
at 50 feet intervals, proposed grades and details of all streets which
are to be improved, both within, abutting and off the tract including
curbing, sidewalks, storm drains, and drainage structures. Sight triangles,
the radius of curb lines and street sign locations shall be clearly
indicated at intersections.
| ||||||||
|
47.
|
Drainage Calculations:
| ||||||||
|
a.
|
Stormwater Management Plan - Calculations for evaluation of
on-site detention facilities for zero net increase in runoff.
| ||||||||
|
b.
|
Calculations for downstream impact analysis without detention
facilities.
| ||||||||
|
c.
|
Internal drainage system sizing calculations including inlet
drainage area map.
| ||||||||
|
d.
|
Design standards for all facilities as set forth in Section 15-10.
| ||||||||
|
e.
|
Proposed stormwater retention or detention facilities, if warranted.
No more than 1/3 of lot area required in the zone shall be designated
as a stormwater facility.
| ||||||||
|
48.
|
Plans of proposed improvements and utility layouts showing feasible
connections to any of the proposed utility systems:
| ||||||||
|
a.
|
Sewers
| ||||||||
|
b.
|
Storm drains
| ||||||||
|
c.
|
Water
| ||||||||
|
d.
|
Fire hydrants and water control valves
| ||||||||
|
e.
|
Gas
| ||||||||
|
f.
|
Telephone
| ||||||||
|
g.
|
Electricity
| ||||||||
|
h.
|
Cable Television
| ||||||||
|
49.
|
All existing watercourses including lakes and ponds, flood hazard
areas, floodways, Watercourse Protection Areas, and drainage rights-of-way
within the tract or within 200 feet thereof.
All plats that encompass any Watercourse Protection Area as outlined and defined in Section 15-10 shall contain the following certification:
"This subdivision encompasses land in a Watercourse
Protection Area and is subject to all the standards and requirements
of the Floodplain and Watercourse regulations of the Township of Warren."
| ||||||||
|
50.
|
Indication of wetland areas on tract and source of delineation.
If none, a statement to that effect. Indicate classification of wetlands,
and show appropriate buffer where applicable. Proof of submission
to N.J.D.E.P. for L.O.I. and permits, as applicable.
| ||||||||
|
51.
|
When a stream is proposed for alteration, improvement, or relocation
or when a drainage structure or fill is proposed over, under, in or
along running stream falling under the jurisdiction of N.J.D.E.P.,
the following documentation shall be submitted:
| ||||||||
|
a.
|
Cross sections of water courses, and/or drainage swales to scale
showing the extent of floodplain, top of bank, normal water levels
and bottom elevations at the following locations:
| ||||||||
|
1.
|
At any point where a watercourse crosses a boundary of the tract.
| ||||||||
|
2.
|
At 50 feet intervals for a distance of 500 feet upstream of
any point or juncture of 2 or more watercourses within the tract and
500 feet downstream of the tract.
| ||||||||
|
52.
|
A delineation of the floodway, flood hazard, and wetlands areas
adjacent to the tract.
| ||||||||
|
53.
|
The total acreage in the drainage basin of any watercourse running
through or adjacent to the tract in the area upstream of the tract.
| ||||||||
|
54.
|
The location and extent of any existing and proposed drainage
and conservation easements and of stream encroachment lines. The location,
extent and water level elevation of lakes and ponds within and adjacent
to the tract.
| ||||||||
|
55.
|
When ditches, streams or watercourses are to be altered, improved,
or relocated, the method of stabilizing slopes and measures to control
erosion and siltation, as well as typical ditch sections and profiles,
shall be shown, together with supporting calculations in accordance
with soil conservation standards.
| ||||||||
|
56.
|
The location and species of all existing trees or groups of
trees having a diameter in excess of 6 inches (D.B.H.) The location
of all wooded areas and the approximate number of trees per acre shall
be shown when the tree count is more than 25 trees per acre.
| ||||||||
|
57.
|
Proposed shade trees, screening, and buffering should be shown
on a separate landscaping plan, and include the following:
| ||||||||
|
a.
|
Existing vegetation and whether or not it will remain.
| ||||||||
|
b.
|
Existing individual trees in excess of 6 inches (DBH) identified
by species and showing the approximate crown limits.
| ||||||||
|
c.
|
Contiguous stands of trees with inter-grown crowns which will
be preserved.
| ||||||||
|
d.
|
Existing and proposed contours and site clearance and grading
limits.
| ||||||||
|
e.
|
Limits of excavation, haul roads, stockpile areas, staging areas
and the temporary and ultimate landscape of each
| ||||||||
|
f.
|
Areas with special soils or slope conditions (existing or proposed).
| ||||||||
|
g.
|
Specifications for proposed topsoiling, seeding, soil sediments
and mulching.
| ||||||||
|
h.
|
Details, cross sections, materials, surface and finished grade
elevations.
| ||||||||
|
i.
|
Notes regarding special maintenance requirements during the
period of establishment and the limits of any such special maintenance
areas.
| ||||||||
|
j.
|
Notes regarding permanent or temporary site maintenance commitments.
| ||||||||
|
k.
|
If soil is to be removed or brought to the site the quantity, method of transportation and steps to be taken to protect public streets shall be described. Requirements of Section 15-9 (Soil Movement) shall apply.
| ||||||||
|
58.
|
Each major subdivision application shall include 6 project reports
containing the following:
| ||||||||
|
a.
|
Project description and statistic report.
| ||||||||
|
b.
|
Land classification map and report.
| ||||||||
|
c.
|
A natural features report.
| ||||||||
|
d.
|
Open space plan and report.
| ||||||||
|
e.
|
Land coverage and drainage plan.
| ||||||||
|
f.
|
Erosion and sedimentation control plan and report.
| ||||||||
|
g.
|
Sewer and water plan and report.
| ||||||||
|
h.
|
Circulation plan and traffic report.
| ||||||||
|
i.
|
Utilities plan and report.
| ||||||||
|
j.
|
Development schedule plan.
| ||||||||
|
k.
|
Variances, exception and modifications.
| ||||||||
|
l.
|
Easements and covenants.
| ||||||||
|
59.
|
Unique natural features or historic sites or structures within
the tract and within 200 feet thereof.
| ||||||||
|
60.
|
All public property and property proposed to be dedicated in
the tract, accurately outlined and described with existing or proposed
uses designated.
| ||||||||
|
61.
|
4 copies of an Environmental Assessment Report in accordance with Section 15-12 containing:
| ||||||||
|
a.
|
Descriptive report of environmentally sensitive areas.
| ||||||||
|
b.
|
Site description & inventory:
| ||||||||
|
1.
|
Types of soil
| ||||||||
|
2.
|
Topography
| ||||||||
|
3.
|
Geology
| ||||||||
|
4.
|
Vegetation
| ||||||||
|
5.
|
Wildlife
| ||||||||
|
6.
|
Surface & subsurface water.
| ||||||||
|
7.
|
Unique, scenic, historic features.
| ||||||||
|
8.
|
Existing development features not part of natural environment.
| ||||||||
|
c.
|
Environmental impact matters to be evaluated:
| ||||||||
|
1.
|
On-site sewerage and off-site connections.
| ||||||||
|
2.
|
Potable water supply.
| ||||||||
|
3.
|
Stress corridors, wetlands, erodible soils, vegetation, wildlife
habitats, aquifer recharge areas and historically or archeologically
significant areas.
| ||||||||
|
4.
|
Adverse sound levels.
| ||||||||
|
5.
|
Hazardous substances transported and/or stored.
| ||||||||
|
6.
|
Solid waste disposal.
| ||||||||
|
7.
|
Traffic generation.
| ||||||||
|
8.
|
Adverse effects during construction phase.
| ||||||||
|
9.
|
List all licenses, permits, approvals from municipal, county,
state, federal agencies.
| ||||||||
|
d.
|
Site design to minimize environmental damage:
| ||||||||
|
1.
|
Drainage plans to limit off-site runoff.
| ||||||||
|
2.
|
Sewage disposal techniques.
| ||||||||
|
3.
|
Water supply and conservation.
| ||||||||
|
4.
|
Energy conservation measures.
| ||||||||
|
5.
|
Air, water and noise pollution control.
| ||||||||
|
6.
|
Open space reserves.
| ||||||||
|
7.
|
Procedures for chemical spill control.
| ||||||||
|
8.
|
Name and address of person, persons or entity who prepared the
EAR and their curriculum vitae.
| ||||||||
|
Please see note below for waiver of EAR instructions:
PLEASE NOTE: Any request for waiver of the above Environmental
Assessment Report (EAR) must be submitted in writing as a separate
rider in duplicate to the Planning Board Administrative Officer. A
waiver request shall address the applicable items and state reasons
and describe why there is no impact from the proposed development.
| |||||||||
|
62.
|
Recycling Plan pursuant to the provisions of subsection 11-1.16.
[Ordinance 07-70]
| ||||||||
[Ord. No. 92-33; Ord. No. 03-05, § 5; Ord. No. 03-11, § 5; Ord. No. 03-25 § 2; Ord. No. 07-70 § 5; Ord.
No. 10-07, § VI]
Applicant shall check off all items as submitted, not applicable, or waiver requested. Plans and improvements shall conform to standards and requirements of Sections 15-7 through 15-11 of this chapter.
Any request for waiver must accompany this application as a
separate rider, denoting reasons why the waiver should be granted.
The Board will review your request and notify you whether or not waiver
has been granted.
The Warren Township Board may require submission of additional
information not specified in this checklist as is necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required (Municipal
Land Use Law Chapter 291 C. 40:55D-10.3).
When the applicant appears before the Planning Board for either
a work session or public hearing, the applicant will be required to
bring four maps of the latest revision submission for the Board members.
|
(See the following for the Final Major Subdivision Completeness
Checklist)
|
|
Final Major Subdivision Completeness Checklist
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
No.
|
Item
|
Submitted
|
Not Applicable
|
Waiver Requested
|
Planning Board
| |||
|
1.
|
2 copies of completed application and checklist.
| |||||||
|
2.
|
Application fee is paid in accordance with Section 15-5. Final Major Subdivision: $200
Plus:
| |||||||
|
1-3 Lots
4-10 Lots
11-50 Lots
50 Plus Lots
|
$50
$100
$300
$400
| |||||||
|
3.
|
Escrow Fee: 1/3 for nonresidential use and 1/2 for residential use of the original escrow fee paid at the time of preliminary plan application pursuant to Section 15-5.
Note: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. (Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.)
| |||||||
|
4.
|
Signed escrow agreement.
| |||||||
|
5.
|
Official Somerset County Planning Board Receipt.
| |||||||
|
6.
|
Proof of submission to NJDEP for necessary permits.
| |||||||
|
7.
|
Disclosure Statement listing names and addresses of all stockholders
or individual partners owning at least 10% of the interest in the
partnership or corporation in accord with N.J.S.A. 40:55D-48.2. Any
applicant who is incorporated must have an attorney represent them.
| |||||||
|
8.
|
Disclosure Statement of 10% ownership interest of corporation
or partnership which is 10% owner or applying corporation or partnership
in accordance with N.J.S.A. 40:55D-48.2.
| |||||||
|
9.
|
Owner's letter of consent if applicant is other than owner.
| |||||||
|
10.
|
Certification by Tax Collector that all taxes have been paid
through the current quarter.
| |||||||
|
11.
|
Copy of all existing protective covenants or deed restrictions
of every nature affecting the premises sought to be developed or any
part thereof and including a statement as to whether such deeds or
covenants are of record.
| |||||||
|
12.
|
A copy of abstract of the deed or deeds or other instruments
by which title is derived with the names of all owners.
| |||||||
|
13.
|
5 translucent reproducible mylars and 2 paper copies (signed
and sealed) to be supplied for signatures following action by the
Planning Board.
| |||||||
|
14.
|
11 blue on white prints signed and sealed, 15 11 inches
by 17 inches reduced copies 14 if Board of Adjustment application)
in accordance with the following: (Applicant must bring 4 full size
signed and sealed maps to all Planning Board hearings.
| |||||||
|
15.
|
Identification as "Final Plat".
| |||||||
|
16.
|
The final plans must fully conform to the preliminary plan as
approved by the Planning Board, including revisions required as conditions
of approval.
| |||||||
|
17.
|
Preliminary plans must be signed by the Planning Board prior
to filing for final.
| |||||||
|
18.
|
Name and address of owner(s) of record.
| |||||||
|
19.
|
Names of property owners adjacent to tract, along with respective
block and lot designations.
| |||||||
|
20.
|
The name of the map, municipality and county shall be shown.
| |||||||
|
21.
|
The map must show streets, avenues, roads, lanes or alleys.
| |||||||
|
22.
|
Signature lines and certifications must comply with the map
filing law
| |||||||
|
23.
|
Scale must be inches to feet and be large enough to contain
legibly written date on the dimensions, bearings and all other details
of the boundaries, and it shall also show the graphic scale (1 inch
equals 100 feet) minimum
| |||||||
|
24.
|
It shall show the dimensions, bearings and curve data sufficient
to enable the definite location of all lines and boundaries shown
thereon, including public easements and areas dedicated for public
use.
| |||||||
|
25.
|
Block and lot designations shall be shown.
| |||||||
|
26.
|
The reference median used for bearings on the map shall be shown
graphically.
| |||||||
|
27.
|
All municipal boundary lines crossing or adjacent to subdivision
shall be shown and designated.
| |||||||
|
28.
|
All natural and artificial watercourses, streams, and water
boundaries and encroachment lines shall be shown.
| |||||||
|
29.
|
Watercourse Protection Area certification to be included if applicable: "This development permit application encompasses lands in a Watercourse Protection Area and is subject to all the standards and requirements of Section 15-10 of the Revised General Ordinances of the Township of Warren."
| |||||||
|
30.
|
The map shall clearly show all documentation as required by
Chapter 141 P.L. 1960; including monuments found, monuments set, and
monuments to be set.
| |||||||
|
31.
|
Any curve data shall be shown on both sides; namely radius,
length of curve, subtended angle, chord bearing and chord distance.
| |||||||
|
32.
|
The date of survey shall be shown
| |||||||
|
33.
|
New Jersey State coordinates in NAD 1983 indicated at a minimum
of 5 out bound corners.
| |||||||
|
34.
|
Land Surveyor Certification shall be in accordance with N.J.
Map Filing Law.
| |||||||
|
35.
|
All maps shall be in accordance with Chapter 141 P.L. 1960 of
the Map Filing Law.
| |||||||
|
36.
|
All maps shall have the following certifications from
the Map Filing Law:
| |||||||
|
a.
|
I hereby certify that this map complies with the provisions
of Chapter 141 P.L. 1960 and further certify that it has been approved
for filing in the office of the County Clerk of Somerset County by
the "Proper Authority," the Planning Board of the Township of Warren.
| |||||||
|
This certification shall expire if this map is not properly
filed with the said County Clerk on or before __________.
| ||||||||
|
Chairman
Secretary
|
Date
Date
| |||||||
|
b.
|
I hereby certify that this map and survey has been made under
my supervision, and complies with the provisions of the "Map Filing
Law."
Include the following if applicable:
I do further certify that the Monuments as designated and shown
hereon have been set.
Licensed Land Surveyor & No.
(Affix Seal) (Date)
| |||||||
|
c.
|
If monuments are to be set at a later date, the following endorsement
shall be shown on the map:
"I certify that a bond has been given to the municipality, guaranteeing
the future setting of the monuments shown on this map and so designated.
| |||||||
|
Municipal Clerk
(Affix Seal)
|
Date
| |||||||
|
d.
|
There shall be endorsed thereon a certificate of the municipal
engineer as follows:
"I have carefully examined this map and find it conforms with
the provisions of the "Map Filing Law" and the Municipal Ordinances
and requirements applicable thereto.
| |||||||
|
Municipal Engineer
(Affix Seal)
|
Date
| |||||||
|
e.
|
The Owner's Consent as follows: We, the undersigned, hereby
declare that we are the owners of the land delineated hereon and we
hereby consent to the filing of this map in the office of the Clerk
of Somerset County.
| |||||||
|
Owner
|
Date
| |||||||
[Ord. No. 92-33; Ord. No. 03-11, § 6; Ord. No. 03-25 § 2; Ord. No. 07-70 § 5; Ord.
No. 10-07, § VII; Ord.
No. 13-04 § 5]
Applicant shall check off all items as submitted, not applicable, or waiver requested. Plans and improvements shall conform to standards and requirements of Sections 15-7 through 15-11 of this chapter.
Any request for waiver must accompany this application as a
separate rider, denoting reasons why the waiver should be granted.
The Board will review your request and notify you whether or not waiver
has been granted.
The Warren Township Planning Board may require submission of
additional information not specified in this checklist as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required (Municipal Land Use Law Chapter 291 C. 40:55D-10.3).
When the applicant appears before the Planning Board for either
a work session or public hearing, the applicant will be required to
bring four maps of the latest revision submission for the Board members.
|
(See the following for the Preliminary Site Plan Completeness
Checklist)
|
|
Preliminary Site Plan Completeness Checklist
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
No.
|
Item
|
Submitted
|
Not Applicable
|
Waiver Requested
|
Planning Board
| |||||
|
1.
|
2 copies of completed application and checklist.
| |||||||||
|
2.
|
Application fee is paid in accordance with Section 15-5.
Major Preliminary Site Plan:
Preliminary Site Plan (Commercial)
| |||||||||
|
Building Area 10,000 square feet or less
|
$550
| |||||||||
|
Building Area 10,000 square feet - 50,000 square feet
|
$1,100
| |||||||||
|
Building Area 50,000 square feet - 100,000 square feet
|
$2,200
| |||||||||
|
Building 100,000 square feet or more
|
$3,300
| |||||||||
|
Preliminary Site Plan Residential:
|
$350
PLUS $5 per unit
| |||||||||
|
Add $200 if variance relief requested
| ||||||||||
|
3.
|
Escrow fee is paid in accordance with Section 15-5. Site Plan:
| |||||||||
|
Nonresidential:
| ||||||||||
|
Less than 10,000 square feet of building area
|
$6,000
| |||||||||
|
10,001-50,000 square feet of building area
|
$15,000
| |||||||||
|
50,001 - 100,000 square feet of building area
|
$25,000
| |||||||||
|
In excess of 100,000 square feet of building area
|
$35,000
| |||||||||
|
Residential:
| ||||||||||
|
1-3 lots or units
|
$4,000
| |||||||||
|
4-10 lots or units
|
$10,000
| |||||||||
|
11-25 lots or units
|
$20,000
| |||||||||
|
26-50 lots or units
|
$25,000
| |||||||||
|
51-100 lots or units
|
$30,000
| |||||||||
|
In excess of 100 lots or units
|
$50,000
| |||||||||
|
NOTE: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. (Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.)
| ||||||||||
|
4.
|
Signed escrow agreement
| |||||||||
|
5.
|
Official Somerset County Planning Board receipt which demonstrates
proof of filing with the County.
| |||||||||
|
6.
|
Proof of submission to N.J.D.E.P. for necessary permits.
| |||||||||
|
7a.
|
Disclosure statement listing names and addresses of all stockholders
or individual partners owning at least 10% of the interest in the
partnership or corporation in accordance with N.J.S.A. 40:55D-48.1
| |||||||||
|
7b.
|
Disclosure statement of 10% ownership interest of corporation
or partnership which is 10% owner of applying corporation or partnership
in accordance with N.J.S.A. 40:55D-48.2.
| |||||||||
|
8.
|
Owner's letter of consent if applicant is other than owner.
| |||||||||
|
9.
|
List of any variances being sought, including all information
necessary for proper deliberation.
| |||||||||
|
10.
|
Certification of the Tax Collector that all taxes have been
paid through the current quarter.
| |||||||||
|
11.
|
Copy of all existing protective covenants or deed restrictions
of every nature affecting the premises sought to be developed or any
part thereof and including a statement as to whether such deeds or
covenants are of record.
| |||||||||
|
12.
|
A copy of abstract of the deed or deeds or other instruments
by which title is derived with the names of all owners.
| |||||||||
|
13.
|
11 (14 if Board of Adjustment case) blue on white FOLDED prints
and 15 11 inches by 17 inches reduced copies (Planning Board). (Applicant
to bring 4 additional maps of the latest revision to each Planning
Board meeting - (Planning Board).)
| |||||||||
|
14.
|
Proper scale (1 inch equals 50 feet) minimum.
| |||||||||
|
15.
|
Graphic Scale
| |||||||||
|
16.
|
Key map (not less than 1 inch equals 800 feet).
| |||||||||
|
17.
|
Date and revision date on each sheet. Overall plan revision
dates to be shown on cover sheet.
| |||||||||
|
18.
|
Name and address of applicant must be shown on plans.
| |||||||||
|
19.
|
Name and address of person(s) preparing the plans, signature,
date, seal and license number must be shown on plans.
| |||||||||
|
20.
|
Name and address of owner of record and/or authorized agent
must be shown on plans.
| |||||||||
|
21.
|
North arrow.
| |||||||||
|
22.
|
Existing block and lot number(s) of the lot(s) as they appear
on the official municipal tax maps.
| |||||||||
|
23.
|
Entire tract shown on 24 inches by 36 inches plat.
| |||||||||
|
24.
|
Name of project.
| |||||||||
|
25.
|
All title blocks should meet requirements of N.J.A.C. 13.40
Sections 1.3, 1.4, 1.5, 1.6.
| |||||||||
|
26.
|
Signature block for endorsement of the Board Chairman and Board
Secretary on cover sheet of plans in lower right hand corner of plan.
| |||||||||
|
Planning Board Chairman
Planning Board Secretary
|
Date
Date
| |||||||||
|
27.
|
Pursuant to N.J.A.C. 13:40-7(a), "a signed and sealed survey
prepared by a licensed professional land surveyor shall be submitted
in conjunction with all subdivision and site plan applications."
| |||||||||
|
28.
|
Names and addresses of owners within 200 feet with respective
block and lot numbers shown on the plan.
| |||||||||
|
29.
|
Tax map identification (sheet number, block and lot numbers)
on plans.
| |||||||||
|
30.
|
Zone boundaries within 200 feet to be shown on map.
| |||||||||
|
31.
|
Improvements and utilities within 200 feet
| |||||||||
|
32.
|
Proposed rights-of-way.
| |||||||||
|
33.
|
Any adjacent lots in which applicant has a direct or indirect
interest.
| |||||||||
|
34.
|
Proposed improvements to adjoining streets or roads.
| |||||||||
|
35.
|
All distances to the nearest intersection with any public street
(measured along sideline or centerline of adjacent street).
| |||||||||
|
36.
|
Building height, size and location (in stories and in feet).
| |||||||||
|
37.
|
Zoning Schedule - indicating applicable zoning requirements
and proposal including:
| |||||||||
|
a.
|
Lot area in square feet.
| |||||||||
|
b.
|
Lot width in feet.
| |||||||||
|
c.
|
Front yard setback in feet.
| |||||||||
|
d.
|
Both side yard setbacks in feet.
| |||||||||
|
e.
|
Rear yard setback in feet.
| |||||||||
|
f.
|
Rear and side yards for accessory buildings in feet.
| |||||||||
|
g.
|
Maximum (%) lot coverage by building.
| |||||||||
|
h.
|
Maximum height in stories and feet.
| |||||||||
|
i.
|
Maximum (%) lot coverage by all buildings and pavement.
| |||||||||
|
j.
|
Floor area ratio.
| |||||||||
|
38.
|
Location and size of existing building and structures on site
and within 200 feet
| |||||||||
|
39.
|
Structures to be removed shall be clearly indicated by dashed
lines
| |||||||||
|
40.
|
Designate and note existing structures on Historic Landmarks
inventory maintained by the Somerset County Planning Board.
| |||||||||
|
41.
|
Existing elevations and contours (2 feet contour interval and
extended minimum of 100 feet beyond tract.)
| |||||||||
|
42.
|
Indication of slopes greater than 15% shown by shading.
| |||||||||
|
43.
|
Proposed elevations and contours (2 feet contour interval) and
extended minimum of 100 feet beyond tract).
| |||||||||
|
44.
|
Signage details with dimensions.
| |||||||||
|
45.
|
Location and width of all existing and proposed easements.
| |||||||||
|
46.
|
Exterior wall material
| |||||||||
|
47.
|
Exterior architectural design lighting illumination pattern
and details to include parking facilities.
| |||||||||
|
48.
|
Access streets (names, width, lanes).
| |||||||||
|
49.
|
Vehicular ingress and egress to and from site onto public streets.
| |||||||||
|
50.
|
Directional traffic flow on site.
| |||||||||
|
51.
|
Calculation of parking provided and required, including barrier-free
parking spaces.
| |||||||||
|
52.
|
Location and design of off-street parking.
| |||||||||
|
53.
|
Size and location of bays, aisles and planting areas.
| |||||||||
|
54.
|
Off-street parking areas paved and curbed.
| |||||||||
|
55.
|
Applicable barrier free design in accordance with N.J.S.A. 16:41-2.5
| |||||||||
|
56.
|
Written use plan, explaining intended use of the building.
| |||||||||
|
57.
|
Size and location of driveways and curb-cuts.
| |||||||||
|
58.
|
Driveways conform to maximum and minimum dimensions required.
| |||||||||
|
59.
|
Sight easements shown on plan.
| |||||||||
|
60.
|
Sidewalks, walkways and pedestrian lanes.
| |||||||||
|
61.
|
Fire lanes.
| |||||||||
|
62.
|
Loading spaces or docks, including signage.
| |||||||||
|
63.
|
Traffic impact analysis for sites generating more than 25 vehicles
per hour.
| |||||||||
|
64.
|
Existing and proposed storm sewer system.
| |||||||||
|
65.
|
Drainage calculations:
| |||||||||
|
a.
|
Stormwater Management Plan - Calculations for evaluation of
on-site detention facilities for zero net increase in runoff.
| |||||||||
|
b.
|
Calculations for downstream impact analysis without detention
facilities.
| |||||||||
|
c.
|
Internal drainage system sizing calculations including inlet
drainage area map.
| |||||||||
|
d.
|
Design standards for all facilities are set forth in Section 15-7
| |||||||||
|
66.
|
Existing and proposed sanitary sewers
| |||||||||
|
67.
|
Existing and proposed water mains and hydrants.
| |||||||||
|
68.
|
Existing and proposed gas lines.
| |||||||||
|
69.
|
Existing and proposed electric lines.
| |||||||||
|
70.
|
Existing and proposed telephone lines.
| |||||||||
|
71.
|
Existing and proposed common space.
| |||||||||
|
72.
|
Existing and proposed open space.
| |||||||||
|
73.
|
Collection and disposal method of recyclable materials and solid waste in accord with Chapter 11 of the Revised General Ordinance of Warren Township.
| |||||||||
|
74.
|
Areas of site to be used for storage of chemical or hazardous
material to be designated on plans, including:
| |||||||||
|
a.
|
List of substances, quantities, copy of licenses required for
storage and transport of any chemical or hazardous materials.
| |||||||||
|
75.
|
Streams, waterways, watercourse protection areas and flood-plains
on tract and within 200 feet of tract.
All plats that encompass a watercourse protection area as outlined and defined in Section 15-10 shall contain the following certification:
"This lot encompasses land in a Watercourse Protection Area
and is subject to all the standards and requirements of the Floodplain
and Watercourse regulations."
| |||||||||
|
76.
|
Delineation of floodplain and wetland areas, and source of delineation
(NWI maps) or, if not, a statement describing the absence of such.
Indicate classification of wetlands, show appropriate buffer where
applicable.
| |||||||||
|
77.
|
Setback lines, provided and required.
| |||||||||
|
78.
|
Buffer areas, including height, width, calculation of area,
and type of buffer and its expected effectiveness in screening views,
auto headlights and reducing noise.
| |||||||||
|
79.
|
Proposed landscaping areas including types and sizes of plantings,
and planting, staking and mulching details (include in buffer area).
| |||||||||
|
80.
|
Areas of proposed dedication for public use.
| |||||||||
|
81.
|
Seeded or sodded areas, groundcover, retaining walls, fencing,
shrubbery, trees, including height and caliper.
| |||||||||
|
82.
|
Location of single trees not in wooded areas with diameter of
6 inches or more as measured 3 feet above the base of the trunk.
| |||||||||
|
83.
|
4 copies of an Environmental Assessment Report containing:
| |||||||||
|
A.
|
Descriptive report of environmentally sensitive areas.
| |||||||||
|
B.
|
Site description & inventory:
| |||||||||
|
1.
|
Types of soil
| |||||||||
|
2.
|
Topography
| |||||||||
|
3.
|
Geology
| |||||||||
|
4.
|
Vegetation
| |||||||||
|
5.
|
Wildlife
| |||||||||
|
6.
|
Surface & subsurface water.
| |||||||||
|
7.
|
Unique, scenic, historic features.
| |||||||||
|
8.
|
Existing development features not part of natural environment.
| |||||||||
|
C.
|
Environmental impact matters to be evaluated:
| |||||||||
|
1.
|
On-site sewerage & off-site connections.
| |||||||||
|
2.
|
Potable water supply.
| |||||||||
|
3.
|
Stress corridors, wetlands, erodible soils, vegetation, wildlife
habitats, aquifer recharge areas & historically or archaeologically
significant areas.
| |||||||||
|
4.
|
Adverse sound levels
| |||||||||
|
5.
|
Hazardous substances transported and/or stored.
| |||||||||
|
6.
|
Solid waste disposal.
| |||||||||
|
7.
|
Traffic generation
| |||||||||
|
8.
|
Adverse effects during construction phase.
| |||||||||
|
9.
|
List all licenses, permits, approvals from municipal, county,
state, federal agencies.
| |||||||||
|
D.
|
Site design to minimize environmental damage:
| |||||||||
|
1.
|
Drainage plans to limit off-site runoff.
| |||||||||
|
2.
|
Sewage disposal techniques.
| |||||||||
|
3.
|
Water supply and conservation.
| |||||||||
|
4.
|
Energy conservation measures.
| |||||||||
|
5.
|
Air, water and noise pollution control.
| |||||||||
|
6.
|
Open space reserves.
| |||||||||
|
7.
|
Procedures for chemical spill control.
| |||||||||
|
8.
|
Name and address of person, persons or entity that prepare the
EAR and their curriculum vitae.
| |||||||||
|
Any request for waiver of the above EAR must be submitted in
writing as a separate rider in duplicate to the Planning Board Administrative
Officer. A waiver request shall address the applicable items and state
reasons and describe why there is no impact from the proposed development.
| ||||||||||
|
84.
|
Soil erosion and sediment control plan.
| |||||||||
|
85.
|
Show location of Fire Department connections and automatic fire
alarm panel (if required).
| |||||||||
|
86.
|
Recycling Plan pursuant to the provisions of subsection 11-1.16 Ordinance 07-70.
| |||||||||
[Ord. No. 92-33; Ord. No. 03-05, § 6; Ord. No. 03-11, § 7; Ord. No. 03-25 § 2; Ord. No. 07-70 § 5; Ord.
No. 10-07, § VIII]
Applicant shall check off all items as submitted, not applicable, or waiver requested. Plans and improvements shall conform to standards and requirements of Sections 15-7 through 15-11 of this chapter. Any request for waiver must accompany this application as a separate rider, denoting reasons why the waiver should be granted. The Planning Board will review your request and notify you whether or not waiver has been granted.
The Warren Township Planning/Zoning Board may require submission
of additional information not specified in this checklist as is reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required. (Municipal Land Use Law Chapter 291 C. 40:55D-10.3)
|
(See the following for the Final Site Plan Approval Completeness
Checklist)
|
|
Final Site Plan Approval Completeness Checklist
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
No.
|
Item
|
Submitted
|
Not Applicable
|
Waiver Requested
|
Planning Board
| |||
|
1.
|
2 copies of completed application and checklist
| |||||||
|
2.
|
Application fee is paid in accordance with Ordinance #15-5:
| |||||||
|
Final Site Plan (Nonresidential)
| ||||||||
|
Building area 10,000 square feet or less
|
$300
| |||||||
|
Building area 10,000 - 50,000 square feet
|
$600
| |||||||
|
Building area 50,000 - 100,000 square feet
|
$1,200
| |||||||
|
Building area 100,000 square feet or more
|
$1,800
| |||||||
|
Application for Extension of Approval
|
$100
| |||||||
|
Final Site Plan (Residential)
|
$200
PLUS $10/unit
| |||||||
|
3
|
Escrow fee is paid in accordance with Ordinance Section 15-5:
Final Site Plan (Nonresidential)
1/3 of the original escrow fee paid at the time of preliminary
plan application.
Final Site Plan (Residential)
1/2 of the original escrow fee paid at the time of preliminary
plan application.
NOTE: Escrow fees for AMENDED Planning Board and Board of Adjustment applications shall be reduced by 50% of the above posted fees. (Per Ordinance 10-2 Effective 3/11/10 amending subsection 15-5.3a3.)
| |||||||
|
4.
|
Signed Escrow Agreement.
| |||||||
|
5.
|
Disclosure Statement: Application by corporation or partnership
for approval of a site to be used for commercial purposes shall list
all stockholders holding 10% or more of stock in any class and/or
all individual partners having 10% or greater interest in the partnership
or corporation. Any applicant who is incorporated must be represented
by an attorney.
| |||||||
|
6.
|
Disclosure Statement: Listing of names and addresses of all
stockholders or individuals of 10% ownership interest of corporation
or partnership which is 10% owner of applying corporation or partnership.
| |||||||
|
7.
|
Owner's letter of consent if applicant other than owner.
| |||||||
|
8.
|
List any variances being sought, including all information necessary
for proper deliberation.
| |||||||
|
9.
|
Certification by Tax Collector that all taxes have been paid
through the current quarter.
| |||||||
|
10.
|
Copy of all existing protective covenants or deed restrictions
of every nature affecting the premises sought to be developed or any
part thereof and including a statement as to whether such deeds or
covenants are of record.
All plats that encompass a watercourse protection area as outlined and defined in Section 15-10 shall contain the following certification:
"This lot encompasses land in a Watercourse Protection Area
and is subject to all the standards and requirements of the Floodplain
and Watercourse regulations."
| |||||||
|
11.
|
A copy of abstract of the deed or deeds or other instruments
by which title is derived with the names of all owners.
| |||||||
|
12.
|
11 FOLDED and 15 11 inches by 17 inches blue on white prints
(14 if Board of Adjustment case).
(Applicant is responsible to bring 4 additional maps of the
latest revision to each meeting.)
| |||||||
|
13.
|
The final plans must fully conform to the preliminary plans
as approved by the Planning Board, including revisions required as
conditions of approval.
| |||||||
|
14.
|
Preliminary plans must be signed by the Board prior to filing
for final.
| |||||||
|
15.
|
Scale (1 inch equals 50 feet) minimum
| |||||||
|
16.
|
Graphic Scale
| |||||||
|
17.
|
Key map (not less than 1 inch equals 800 feet)
| |||||||
|
18.
|
Date and all revision date(s) shown on cover sheet
| |||||||
|
19.
|
Name and address of applicant must be shown on plans.
| |||||||
|
20.
|
Name and address of person(s) preparing the plans, signature,
date, seal and license number must be shown on plans.
| |||||||
|
21.
|
Name and address of owner of record and/or authorized agent
must be shown on plans.
| |||||||
|
22.
|
North arrow.
| |||||||
|
23.
|
Existing block and lot number(s) of the lot(s) as they appear
on the official municipal tax maps
| |||||||
|
24.
|
Entire tract shown
| |||||||
|
25.
|
Name of project
| |||||||
|
26.
|
All title blocks should meet requirements of N.J.A.C. 13.40
Sections 1.3, 1.4, 1.5, 1.6.
| |||||||
|
27.
|
Survey of tract certified by professional licensed land surveyor,
with actual building setback shown with boundaries and area within
1/100 acres.
| |||||||
|
27a
|
Pursuant to N.J.A.C. 13:40-7(a)1, "a signed and sealed
survey prepared by a licensed professional land surveyor shall be
submitted in conjunction with all subdivision and site plan applications."
| |||||||
|
28.
|
Names of owners within 200 feet with respective block and lot
numbers.
| |||||||
|
29.
|
Tax map identification (sheet number, block and lot numbers)
on plans.
| |||||||
|
30.
|
Zone boundaries within 200 feet
| |||||||
|
31.
|
Final Site Plan should be clearly indicated as "FINAL"
| |||||||
|
32.
|
Signature block for endorsement of the Chairman and Planning
Board Secretary on cover sheet of plans in lower right-hand corner
of plan:
| |||||||
|
Chairman
Secretary
|
Date
Date
| |||||||
|
33.
|
Improvements and utilities within 200 feet
| |||||||
|
34.
|
Existing rights-of-way.
| |||||||
|
35.
|
Any adjacent lots in which applicant has a direct or indirect
interest.
| |||||||
|
36.
|
As built condition of streets and roads.
| |||||||
|
37.
|
All distances to the nearest intersection with any public street
(measured along sideline or centerline of adjacent street).
| |||||||
|
38.
|
Zoning Schedule - indicating applicable zoning requirements
and proposal including:
| |||||||
|
a.
|
Lot area in square feet
| |||||||
|
b.
|
Lot width in feet
| |||||||
|
c.
|
Front yard setback in feet
| |||||||
|
d.
|
Both side yard setbacks in feet
| |||||||
|
e.
|
Rear yard setback in feet
| |||||||
|
f.
|
Rear and side yard setbacks for any accessory buildings
| |||||||
|
g.
|
Maximum and lot coverage by building
| |||||||
|
h.
|
Maximum height in stories and feet
| |||||||
|
i.
|
Maximum lot coverage by all buildings and pavement
| |||||||
|
j.
|
Floor area ratio
| |||||||
|
39.
|
Location and size of existing buildings and structure on site
and within 200 feet
| |||||||
|
40.
|
Designate and note existing structures on Historic Landmarks
inventory maintained by Somerset County Planning Board.
| |||||||
|
41.
|
Existing elevations and contours 2 feet contour interval and
extended minimum of 100 feet beyond tract).
| |||||||
|
42.
|
Proposed elevations and contours (2 feet contour interval).
| |||||||
|
43.
|
Exterior wall material.
| |||||||
|
44.
|
Exterior architectural design lighting illumination pattern
and details.
| |||||||
|
45.
|
Access streets names, widths, lengths.
| |||||||
|
46.
|
Vehicular ingress and egress to and from site onto public streets.
| |||||||
|
47.
|
Directional traffic flow on site.
| |||||||
|
48.
|
Calculation of parking provided and required.
| |||||||
|
49.
|
Location, scaled design of off-street parking.
| |||||||
|
50.
|
Actual size and location of bays, aisles and planting areas.
| |||||||
|
51.
|
Off-street parking paved and curbed.
| |||||||
|
52.
|
Size and location of driveways and curb cuts.
| |||||||
|
53.
|
Driveways conform to maximum and minimum dimensions required.
| |||||||
|
54.
|
Site easements shown on plan.
| |||||||
|
55.
|
Sidewalks, walkways and pedestrian lanes.
| |||||||
|
56.
|
Fire lanes.
| |||||||
|
57.
|
Loading spaces or docks.
| |||||||
|
58.
|
Existing and proposed storm sewer systems
| |||||||
|
59.
|
Drainage calculations - reflecting any changes from preliminary.
| |||||||
|
60.
|
Existing sanitary sewers.
| |||||||
|
61.
|
Existing water mains and hydrants.
| |||||||
|
62.
|
Existing gas lines.
| |||||||
|
63.
|
Existing electric lines.
| |||||||
|
64.
|
Existing telephone lines.
| |||||||
|
65.
|
Existing common space.
| |||||||
|
66.
|
Existing open space.
| |||||||
|
67.
|
Solid waste collection and disposal method in accord with Chapter 11 of the Revised General Ordinances of Warren Township.
| |||||||
|
68.
|
Streams, waterways and floodplains on tract and within 200 feet
of tract.
| |||||||
|
69.
|
Indication of wetland areas on tract, with classification and
buffer where appropriate.
| |||||||
|
70.
|
Buffer areas including height, width and type of buffer and
its expected effectiveness in screening views, auto headlights and
reducing noise.
| |||||||
|
71.
|
Proposed or existing landscaping areas including types and sizes
of plantings, and planting, staking and mulching details (include
buffer area).
| |||||||
|
72.
|
Areas of proposed dedication for public use.
| |||||||
|
73.
|
Seeded or sodden areas, groundcover, retaining walls, fencing,
shrubbery, trees, including height and caliper.
| |||||||
|
74.
|
Location of single trees not in wooded areas with diameter of
6 inches or more as measured 3 feet above the base of the trunk.
| |||||||
[Ord. No. 92-33; Ord. No. 02-04, §§ 1, 2; Ord. No. 03-05, § 7; Ord. No. 03-11, § 8; Ord. No. 03-25 § 2; Ord. No. 07-70 § 5; Ord.
No. 13-04 § 6]
Applicant shall check off all items as submitted, not applicable,
or waiver requested. Any request for waiver must accompany this application
as a separate rider, denoting reasons why the waiver should be granted.
The Board will review your request and notify you whether or not waiver
has been granted.
The Board of Adjustment may require submission of additional
information not specified in this checklist as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
(Municipal Land Use Law Chapter 291 C. 40:55D-10.3).
|
(See the following for the Board of Adjustment Completeness
Checklist)
|
|
Board of Adjustment Completeness Checklist
| ||||||
|---|---|---|---|---|---|---|
|
No.
|
Item
|
Submitted
|
Not Applicable
|
Waiver Requested
|
Planning Board
| |
|
1.
|
2 copies completed application, and checklist
| |||||
|
2.
|
Application fee is paid in accordance with Section 15-5.
| |||||
|
3.
|
Escrow fee is paid in accordance with Section 15-5
| |||||
|
4.
|
Signed Escrow Developers Agreement
| |||||
|
5.
|
Owner's letter of consent if applicant other than owner
| |||||
|
6.
|
Certification by Tax Collector that all taxes have been paid
through the current quarter
| |||||
|
7.
|
Certification of Township Engineering Department of compliance with Watercourse Protection and Flood Hazard regulation (Section 15-10) of this chapter or, in the alternative, certification by the Warren Township Engineering Department that the structure is not located in the watercourse protection area. If the structure is located in the watercourse protection area, site plan approval is required
| |||||
|
8.
|
14 folded blue on white prints in accordance with the following:
| |||||
|
9.
|
Name and address of owner and applicant shown on plans.
| |||||
|
10.
|
Name and address of person preparing plans, including signature,
date, seal and license number shown on plans.
| |||||
|
11.
|
North arrow.
| |||||
|
12.
|
Names of adjoining property owners and owners within 200 feet
with respective block and lot numbers.
| |||||
|
13.
|
Designation of zoning district.
| |||||
|
14.
|
Tax map identification (sheet number, block and lot numbers)
shown on plans.
| |||||
|
15.
|
All existing and proposed streets shown on plans.
| |||||
|
16.
|
Location and width of all existing and proposed easements.
| |||||
|
17.
|
Scale (1 inch equals 40 feet) feet minimum) labeled on plat
| |||||
|
18.
|
Entire tract on 1 sheet at scale not more than 1 inch equals
100) feet.
| |||||
|
19.
|
Date and revision dates. (Over all plan revision dates to be
shown on cover sheet.)
| |||||
|
20.
|
All proposed lot lines, as well as any lot lines to be eliminated,
must be clearly indicated on plans.
| |||||
|
21.
|
Location of all existing building and structures
| |||||
|
22.
|
Height and size of existing building and structures
| |||||
|
23.
|
Percent (%) coverage for:
| |||||
|
a.
|
Lot coverage by building.
| |||||
|
b.
|
Lot coverage by all buildings, decks and pavement.
| |||||
|
c.
|
Floor area ratio.
| |||||
|
24.
|
Indicate on plans those structures to be removed
| |||||
|
25.
|
Designate and note any existing structures which are on the
Historic Landmarks' Inventory (maintained by Somerset County)
| |||||
|
26.
|
Show location and size (square footage) of existing and proposed
driveways
| |||||
|
27.
|
Area in square feet of all existing and proposed lots
| |||||
|
28.
|
Dimensions, area (in square feet) and height of proposed buildings,
additions or structures
| |||||
|
29.
|
Mark front yard, side yard and rear yard setback lines on plan.
| |||||
|
30.
|
Show location of septic field if applicable.
| |||||
|
31.
|
Show location of well and indicate if it is the sole source
of drinking water if applicable.
| |||||
|
32.
|
Applicant will provide a disk in Autocad format, acceptable
to the Township Engineer, at the time maps are submitted for signature
by the Board, with all information necessary to update Township Tax
Maps as a result of any development approval finally granted. (Checking
the "submitted" column signifies applicant agrees.)
| |||||
|
33.
|
Recycling Plan pursuant to the provisions of subsection 11-1.16
| |||||
[Ord. No. 13-04 § 7; Ord. No. 2017-08]
a.
Notwithstanding anything in the contrary contained in 15-6.1 through 15-6.10, a certification and/or waiver from the Warren Township Sewerage Authority shall be a condition precedent to the issuance of any and all building and/or construction permits under Chapter 8.
b.
After the effective date of this Ordinance (Ordinance No. 2017-08),
pursuant to N.J.S.A. 58:11-23, no installation or erection of an individual
subsurface sewage disposal system and/or nonpublic water system shall
be commenced or made in any realty improvement not served by an approved
water supply and an approved sewerage system in the Township unless
a certification as required by N.J.S.A. 58:11-25 has been issued by
the Board of Health. The words and phrases used in this section shall
be as defined in N.J.S.A. 58:11-24.
c.
A certification by the Board of Health for any realty improvement as set forth in paragraph b above, or for any variation from the provisions of the Standards for Individual Subsurface Sewage Disposal Systems, Chapter BH4 of the Warren Township Board of Health Ordinances, shall be a condition precedent to the issuance of any and all building and/or construction permits under Chapter 8.
d.
The certifications or waivers required by paragraphs a and b above
shall be submitted to the Construction Code Official prior to the
issuance of any and all building and/or construction permits.
e.
Notwithstanding anything to the contrary set forth in this Ordinance,
a formal application shall be made to the Health Department.
[Ord. No. 92-33]
A development plan design shall conform to standards which will
encourage good development patterns and the maximization of the use
of available energy within the Township. All aspects of the design
shall conform to all applicable sections of the Zoning Ordinance,
Master Plan, Official Map and any other controls established by State,
County or local statutes, ordinances or resolutions. Protection and
promotion of the public health, safety, morals and welfare shall be
of paramount concern in all design details
[Ord. No. 92-33; Ord. No. 01-13; Ord. No.
07-22 § 1; Ord. No. 09-06 §§ 1, 2]
All subdivision and site plan designs shall conform to the Warren
Township Standard Construction Detail Sheets and applicable specific
standards as follows:
a.
Building Location. A building shall be located to front towards and
relate to a public street, both functionally and visually. In a multiple
building development, buildings located in the interior of a site
creating courts or alleys, shall be located to front towards and relate
to one another, both functionally and visually.
b.
Street Arrangement. 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 the easy flow of traffic with particular
consideration for simplicity of access to any part of the subdivision
by emergency vehicles and the logical interconnection and/or extension
of water lines, sewer lines and other basic utilities and services.
When the proposed subdivision adjoins the end of any dead-end street,
provision shall be made for the continuation of the dead-end street
to another street. 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 so oriented as to permit, within
the limits of practicability and feasibility, the buildings constructed
thereon to maximize solar gain.
c.
When a new development adjoins land susceptible to being subdivided,
suitable provisions shall be made for optimum access of the remaining
and/or adjoining tract to existing or proposed streets.
d.
Minor streets shall be so designed as to discourage through traffic.
e.
Required Right-of-Way Width. The right-of-way width shall be measured
from lot line to lot line and shall be not less than 50 feet except
where greater right-of-way width is established in the adopted Master
Plan of Warren Township. In this instance, the width specified in
the Warren Township Master Plan shall be observed.
f.
Required Dedication. Subdivisions that adjoin or include existing
streets that do not conform to such right-of-way widths shall dedicate,
on the final plat if there is one or by deed if there is no final
plat, such additional right-of-way width as will cause them to conform.
If the subdivision adjoins both sides of an existing street, boundaries
of the area or areas to be dedicated shall be determined and based
upon the adopted Master Plan of Warren Township. If the subdivision
is along one side of an existing street, 1/2 of the required extra
right-of-way width shall be dedicated.
g.
Street Grades. No street shall be greater than 12% nor less than
0.5%. Within 50 feet of any intersection with another street, no street
grade shall be greater than 5%.
h.
Street Intersections. Street intersection shall be as nearly as possible
at right angles and in no case shall be less than 60°. The block
corners at intersections shall be rounded at the curb line with a
curb having a radius of not less than 25 feet.
i.
Sight Rights. Sight rights shall be provided and shown at all street
intersections to assure full visibility of approaching traffic. The
sight rights shall be triangular with the street sides being at least
the following lengths: Along a County road, as required by the County
Planning Board; along an existing Township street crossing the intersection,
100 feet; along an existing Township street crossing the intersection
but designated by ordinance as a stop street at the intersection and
along a proposed new street crossing the intersection, 50 feet; along
an existing Township street or proposed new street ending at the intersection,
30 feet, except that if future extension of the street across the
intersection can reasonably be contemplated, the length of the sight
right side shall be 50 feet.
j.
Street Jogs. Street jogs with center line offsets of less than 125
feet shall be prohibited. Street intersections shall be spaced at
least 125 feet apart.
k.
Reverse Curves. A tangent at least 100 feet in length shall be introduced
between reverse curves.
l.
Curves. When connecting street lines deflect from each other at any
point by more than 5°, they shall be connected by a curve having
a radius of not less than 100 feet. Connecting street lines which
deflect from each other by more than 45° shall be prohibited.
When connecting street lines deflect from each other at any one point,
they shall be connected by a curve with a radius conforming to standard
engineering practice so that the minimum sight distance within the
right-of-way shall be 300 feet for local streets, 450 feet for a collector
street and 800 feet for an arterial street. All horizontal curves
shall be designed to conform to A Policy on Geometric Design of Rural
Highways/American Association of State Highway Transportation Officials.
m.
Vertical Curves. All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distances. All vertical curves shall be designed to conform
to A Policy on Geometric Design of Rural Highways/American Association
of State Highway Transportation Officials.
n.
Dead-end Streets. All dead-end streets whether permanent or temporary
shall provide a turn-around at the end having a right-of-way radius
of not less than 50 feet and tangent wherever possible to the right
side of the street. Where it is possible to extend the dead-end street
to a through street in the future by the subdivision of adjoining
property, provisions for such extension shall be made by the dedication
of a right-of-way to the present subdivider's property line, the location
of which right-of-way shall be as determined by the Planning/Zoning
Board. Where extension of the dead-end street is possible, or the
dead-end is of a temporary nature for any reason, provisions shall
be made for reversion of the excess right-of-way at the turnaround
to the adjoining properties upon future extension of the street.
o.
Culs-de-sac, Private and Public. Culs-de-sac public or private streets
are streets with a single means of ingress and egress and having a
turn-around, the design of which must conform to Township requirements.
Cul-de-sac public streets shall provide access and egress to no less
than seven single family detached dwellings but no more than 24 single
family detached dwellings. Any existing lot, not having the driveway
connection to the public cul-de-sac and not part of the development
application shall not count as a lot for purposes of meeting the minimum
seven lot requirement of this subsection. An application for six or
fewer lots on a cul-de-sac shall be deemed to be a private cul-de-sac
street. Any existing lot, not having the driveway connection to the
private cul-de-sac and not part of the development application shall
not count as a lot for purposes of meeting the six or fewer lot requirement
of this subsection.
p.
Street Names. No street shall have a name which will duplicate or
so nearly duplicate as to be confused with the name of any other street
in the Township. The Engineering Department, or its assign shall provide
a listing of acceptable street names. The continuation of an existing
street shall have the same name. Street names shall be reviewed by
the Police and Fire Departments and written response provided by same.
q.
Lot Lines. Wherever possible, lot lines shall be at right angles
to straight streets and radial to curved streets. Lots shall be as
nearly rectangular as possible, and deep triangular or trapezoidal
lots shall be avoided.
r.
Suitability for Development. No lot shall be created if a building permit for its intended purpose could not be issued in compliance with the Warren Township Zoning Ordinance (Chapter 16).
s.
Storm Water Management. All storm water control basins shall be designed in accordance with the Hand-book for Storm Water Detention/Retention Basins of Somerset County, latest edition. All basins shall be located on a single lot. Storm water conveyance facilities connecting to detention and/or retention basins shall be designed to provide for the 100-year flood. All other pipe(s) or conveyance facilities shall be designed to provide for the twenty-five-year flood. Further, all systems shall conform to flood hazard requirements of Section 15-10 of this chapter. The free board of any proposed basin shall be located no less than 50 feet from an existing or proposed dwelling.
t.
Sewer Easements. Where public or semi-public sanitary sewage facilities
are not to be constructed as improvements in any subdivision or part
thereof, easements shall be provided and designed to provide for the
most convenient and economical gravity flow sewers from the probable
site of each building to be erected in the subdivision to the most
practical point or points for connection with existing or potential
trunk lines or tributaries thereof. Such easements, except where they
may cross the same, shall not be within the beds of street pavements,
but shall traverse and encompass any street right-of-way outside of
the pavement or curb lines.
u.
Natural Features. Desirable natural features of the land shall be
preserved as much as possible.
v.
No development application shall adversely affect further development
of the tract or adjoining property. The Planning Board may require,
prior to approval of any development application, submission of a
sketch plat showing that further development of the tract or adjoining
property can be achieved in compliance with this chapter and zoning
ordinances of the Township.
w.
All requirements and directions set forth in this section, where
applicable, shall be applied to site plans with equal force and effect.
Any reference to "subdivision" shall be taken to include site plan.
x.
Steep Slopes. Steep slopes includes all areas of land of 15% grade or greater. Only major subdivision development applications utilizing the modified variable lot size or open space standards set forth in Chapter 16 (Zoning) shall be required to be designed in accordance with the following:
y.
Tree Replacement. The following requirements are applicable to all
site plans and subdivisions, both major and minor:
1.
The square footage of each parcel of land to be developed, not existing
and remaining in a wooded state after completion of development, shall
be computed and set forth on the development plan. Only trees taller
than 20 feet shall constitute wooded area. For the purpose of determining
the wooded area of a parcel, 1,600 square feet around each tree over
20 feet in height shall be deemed to be wooded. Also, an area of 2,500
square feet for building clearance shall be deducted from the above
computation.
2.
For each 1,600 square feet of unwooded area thus computed, the developer
or subdivider shall cause to be planted, protected and maintained
or replaced one tree according to the following descriptions of size,
species and placement:
(a)
No fewer than three species of tree shall be included in any
one acre of land; identical species should not be contiguous.
(b)
No such tree shall be planted closer than 20 feet to a lot line,
structure or contiguous tree than. Equal distances and straight lines
shall be avoided.
(c)
No more than 50% of each hardwood species shall be less than
3 1/2 inches caliper and no hardwood tree shall be less than
2 1/2 inches caliper, DBH. No evergreen tree shall be less than
six feet in height if pruned nursery stock or eight feet unpruned
stock.
(d)
80% of all trees shall be of native species such as maple, oak,
ash, beech, or other native hardwood variety, or evergreen of vertical
habit such as pine or spruce (or in approved protected location, hemlock).
Trees thus provided shall not be used as foundation plantings.
3.
In the event the residential home purchaser of a lot in a subdivision
(this paragraph not being applicable to site plans), shall prefer
fewer than the number of trees as provided for above on his lot, or
that no trees be planted, the developer shall increase the number
of trees planted on adjacent or nearby lots to that same amount, so
that the subdivided tract shall maintain the aggregate number of trees
as provided for in this section.
4.
Tree specimens shall be of quality nursery stock with straight trunks
and shall be balled, burlapped, well-branched and with a healthy root
system. Backfill upon planting will consist of 50% humus for each
tree. Soil is not to be placed around the base of the tree above normal
ground level.
5.
All trees are to be thoroughly watered at the time of planting and
at adequately frequent intervals thereafter. Trees not surviving or
showing significant die-back after 18 months from planting shall be
replaced by the developer with equivalent stock.
6.
Each hardwood tree will be staked approximately five feet from the
ground with two stakes each two inches by two inches in girth and
eight feet in length. Trees will be wired to both stakes with the
wire passing through a rubber hose section where attached to the tree.
7.
The Planning Board or Board of Adjustment, for good cause, shall
have the right to make adjustments to the above requirements as a
result of any special circumstances encountered in the development
process. The Planning Board or Board of Adjustment should seek the
advice of the Environmental Commission before making adjustments.
z.
Reservation of Public Areas. If the Master Plan or the Official Map
provides for the reservation of designated streets, public drainageways,
flood control basins or public areas within the proposed development,
before approving a subdivision, the Planning Board may further require
that such streets, ways, basins 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, basins or areas
shown on the plat for a period of one year after the approval of the
final plat or within such further time as may be agreed to by the
developer. Unless during such period or extension thereof the Township
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, basins or 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 subsection 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. 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 or site
plan approval caused by the reservation.
[Ord. No. 92-33; Ord. No. 2000-26 §§ 2, 3]
a.
Purpose. The purpose and intent of this subsection is to:
1.
Set forth specific guidelines and standards to promote functional
and attractive site plans and subdivisions.
2.
Provide guidelines and standards that shall be used by an applicant
in preparing a development plan and by the Planning Board and Zoning
Board of Adjustment in reviewing the same. In reviewing a development
plan, the Planning Board and Zoning Board of Adjustment (sometimes
referred to as "Board" or "Boards" hereinafter) shall determine whether
or not, and to what degree, an application for development meets such
guidelines and standards. The Boards may approve, conditionally approve,
request modifications, or deny approval of the application for development
based upon its review of the development plan.
3.
Insure that any development gives due consideration to the physical,
visual, and spatial character and scale of the existing streetscape,
neighborhood and district in which it is located and the Township
generally; and in the Town Center, to ensure that any development
gives due consideration to the results of the Visual Preference Survey
previously completed and to the illustrative streetscape sketches
and comment as attached hereto.[1]
[1]
Editor's Note: The streetscape sketches referred to herein
may be found at the end of this section.
4.
Insure that the design, location and facade treatment of the front,
sides, and rear of all buildings and structures is done in an efficient
and aesthetically pleasing manner so that they will not be markedly
incongruous with the character of the existing neighborhood or, if
within the Town Center, with the standards and guidelines set forth
in the Town Center Design Plan and in the illustrative streetscape
sketches and comment as attached hereto.[2]
[2]
Editor's Note: The streetscape sketches referred to herein
may be found at the end of this section.
5.
Be in addition to all other design standards set forth in Chapter 15 "Land Use Procedures and Development" or in any other Township ordinance. If any conflicts shall exist between this subsection and any other Township ordinance relative to development within a nonresidential zone this subsection shall be controlling.
b.
Modifications and Waivers. The design standards and guidelines contained
in this subsection are the minimum requirements for site plan, subdivision
and development or rehabilitation plans, and shall be the criteria
for evaluating the plan and design of such developments. The guidelines
and standards are not intended to restrict creativity and an applicant
may request their modification or waiver, provided the applicant demonstrates
to the Board not only the criteria for exceptions pursuant to N.J.S.A.
40:55D-51, but also that the resulting change will:
1.
Generally satisfy the purpose of this subsection.
2.
Be designed in accordance with the Township's normally acceptable
engineering, planning and Master Plan goals.
3.
Generally enhance the overall development plan for the tract, without
adverse impacts on its physical, visual or spatial characteristics.
4.
Generally enhance the existing streetscape, neighborhood and district
in which such development is located, without adverse impacts on their
physical, visual or spatial characteristics, or on the Township generally.
c.
Compliance.
1.
Statement of Plan. A report shall be submitted by the applicant that
demonstrates compliance with all design standards and guidelines contained
herein. The report shall include verbal and written descriptions,
drawings, slides and any other materials necessary to illustrate the
proposed design elements and the scale of such in relation to people
and neighboring properties.
2.
Building Design. Individual buildings shall respect the general image
as presented in the Illustrated Streetscape Sketches and Visual Preference
Survey Guidelines and shall take into consideration the adjacent or
adjoining buildings which already embody the recommended design features.
Any deviation shall require specific proofs as to why the design standards
and guidelines cannot be met.
3.
Context. Consistency over an entire viewed area (context), including
the street or street enclosure shall be created through consistency
of materials, colors, sidewalk textures, streetscape, scale and proportion,
lighting fixtures and street furniture. Context is defined as the
adjacent and adjoining buildings within a minimum of 200 feet of the
property line of the site plan, and within any viewshed where the
buildings or surfaces on that site plan are visible.
4.
Incompatible Design Prohibited. In the zone districts specified hereinafter,
use of materials, colors or building configurations incompatible with
these design standards and guidelines shall be prohibited unless specific
proofs can be presented as to why these cannot be met. If the context
area differs significantly from the design standards, the Illustrated
Streetscape and Visual Preference Survey Guidelines shall dominate
unless it can be demonstrated that the context in scale and character
is of significant architectural merit.
d.
General Standards and Guidelines.
1.
Application. The standards and guidelines set forth herein shall
apply to all nonresidential zone districts throughout the Township
except the ORL, G-I-1 and G-I-2 Districts. The standards and guidelines
set forth specifically for the CB-1, CB-2, ECR/SC and OS-1 and OS-2
Districts shall supersede these general standards and guidelines.
2.
Site Plans.
(a)
This subsection shall apply to all site plan applications in
nonresidential zones except the ORL, G-I-1 and G-I-2 Districts.
(b)
The following standards shall be used to develop and review
any site plan:
(1)
Building Location. A building shall be located to front towards
and relate to a public street, both functionally and visually. In
a multiple building development, buildings located in the interior
of a site, creating courts or alleys, shall be located to front toward
and relate to one another, both functionally and visually. To the
extent possible, the development shall divide proposed buildings into
smaller, individualized groupings, utilizing such features as courtyards,
quadrangles, and alleys to provide for and foster pedestrian and social
interaction among users. No building shall be oriented to front toward
an open parking area.
(2)
Parking Lot Location. Parking lots shall be located to the rear
of a building and/or the interior of the site where its negative visual
impact to adjacent properties and the public right-of-way can be minimized.
Parking lots shall be prohibited in any front yard setback area.
(3)
Pedestrian Circulation. A barrier-free walkway system shall
be provided to allow pedestrian access to a building or use from both
parking lots within the site and the Township's sidewalk system. Such
walkway system shall promote pedestrian activity both within the site
itself and throughout the community by its integration with the Township's
sidewalk system. Walk-ways shall be separate from motor vehicle circulation
to the greatest extent possible and shall provide pedestrian amenities.
(4)
Street Lamps/Posts. The exterior of any site with greater than
50 feet of street frontage shall have decorative lamp posts spaced
at intervals of between 40 and 60 feet along or near all street lines
and driveways.
(5)
Pedestrian Walkways. Walkways shall have traditional decorative
lighting fixtures. Lighting fixtures shall be positioned in proximity
to pedestrian crosswalks at intersections. Walkways in the interior
of a site shall have ornamental lamp posts spaced approximately 30
to 40 feet apart. The style, size and color of such lamp posts shall
be determined by the Board based on existing features located in similar
developments in the Township. Lighting levels from such fixtures shall
provide a minimum of 0.25 foot candles along all walkways.
(6)
Building Spacing. The minimum distance between buildings in
a multiple building development shall be the product of a multiplier
and the highest single wall height of the buildings involved, as measured
from ground level to the height of the top of the cornice or from
ground level to the height of the juncture of the wall plane and the
roof eaves, as follows:
|
Building Wall Relationship
|
Multiplier
|
Minimum Spacing
|
|---|---|---|
|
Front wall to front wall
|
1.50
|
30 feet
|
|
Front wall to rear wall
|
2.00
|
40 feet
|
|
Front wall to side wall
|
1.50
|
30 feet
|
|
Front wall to windowless side wall
|
1.25
|
25 feet
|
|
Rear wall to rear wall
|
2.00
|
40 feet
|
|
Rear wall to windowless side wall
|
1.50
|
30 feet
|
|
Side wall to side wall
|
1.25
|
25 feet
|
|
Windowless side wall to windowless side wall
|
0.75
|
15 feet
|
|
(Wall height x multiplier = minimum distance between buildings)
|
3.
Nonresidential Design.
(a)
This subsection shall apply to all site plan applications in
nonresidential zones except the OR and G-I District.
(b)
Design Standards. The following standards shall be used to prepare
and review the physical character and appearance of a development
plan and, specifically, the appropriateness of the physical, visual
and spatial relationships between the proposed development and the
streetscape, neighborhood and district in which it is located.
(1)
An individual development shall not be considered on its own,
but with regard to the area in which it is located, including existing
adjacent or nearby buildings, the geometric pattern of structures
and roads, yards and streetscapes.
(2)
Consistency within a district shall be created through the use
of selected or complementary materials, colors, sidewalk textures,
street textures, scale and proportions, lighting fixtures and street
furniture (such as benches, trash receptacles, street signs, etc.).
If additional materials or colors are introduced, the applicant shall
demonstrate that the materials or colors will enhance the design intent
of the district.
(3)
The physical, visual and spatial characteristics of a streetscape,
neighborhood, district, and the Township generally shall be promoted
through the consistent use of compatible urban design elements, relating
the characteristics of an individual development to other existing
and planned developments in a harmonious manner, and resulting in
a coherent overall development pattern for a streetscape, neighborhood
and district, and the Township generally. A development plan shall
relate to and reinforce urban design elements where such exist, as
established by an urban design elements inventory conducted of the
streetscape, neighborhood and district in which such development is
located. If a site is located in a streetscape, neighborhood or district
where existing design elements are weak or nonexistent, the development
plan shall establish design elements that relate to the community
generally, based on an urban design inventory of the Township. In
the case of an addition or renovation to an existing building of architectural
merit, the development plan shall also relate to and reinforce design
elements of such existing building. Urban design elements to be addressed
in any development plan should include, but not be limited to, the
following:
(i)
Scale, as defined by the comparison of the height, width, mass
and fenestration of a building or buildings in proportion to a person.
(ii)
Massing, as defined by the shape, dimensions and
volume of the solid form of a building and/or the space of which it
is part.
(iii)
Proportion, as defined by the comparison of the
width to height of a building wall or streetscape.
(iv)
Composition of solid to voids, as defined by the
comparison of the solid portions of a building wall to the voids formed
by door and window openings and recesses in same.
(v)
Horizontal courses, as defined by the base course, middle wall
section, belt courses and cornice of a building.
(vi)
Projections and recesses, as defined by the projections
formed by such elements as bay windows, dormers, cornices and eaves
from the building wall surface and the indentations formed by such
elements as porch and window recesses from same.
(vii)
Roof form, as defined by the type, shape and
pitch of the roof of a building.
(viii)
First floor elevation, as defined by the height
of the first floor level of a building from the ground and any elements,
such as stairs, that facilitate the transition between levels.
(ix)
Entrance treatment, as defined by the placement
and articulation of the entrance to a building.
(x)
Street orientation, as defined by the visual and functional
orientation of the front facade, or other visible facades and entrance
of a building to the street and sidewalk.
(xi)
Footprint, as defined by the location and coverage
of the lot by the ground floor of the building.
(xii)
Setbacks, as defined by the dimensions of a building
is setback from front, side and rear lot lines.
(xiii)
Yard areas, as defined by the areas of open
space remaining between front, side and rear lot lines and a building.
(xiv)
Architectural style, materials, colors and details.
(xv)
Signage.
(xvi)
Shade trees.
(xvii)
Lamp posts and other lighting fixtures.
(xviii)
Landscaping.
(xix)
Walls and fencing.
(xx)
Sidewalks and walkways.
(xxi)
Benches, trash receptacles and other street or
site furniture.
4.
Architectural Design.
(a)
The following standards shall apply to all site plans in nonresidential
zones except the OR and G-I District.
(b)
Design Standards. The following standards shall be used to develop
and review the architectural design of all buildings and structures
in a development plan. Where a development plan involves an existing
building, the existing building shall be repaired, renovated, and
restored to promote the intent of this subsection.
(1)
Continuity of Treatment. The architectural treatment of a facade
or roof shall be completely continued around all visually exposed
sides of a building, whether such building is new or an existing building
to be rehabilitated. All sides of a building shall be architecturally
designed so as to be consistent with regard to style, materials, colors,
and details.
(2)
Facades. All visually exposed facades of a building shall have
an articulated base course and cornice or soffit. The base course,
if used, shall be traditionally proportionate to the overall horizontal
and vertical dimensions of a facade and may align with kickplate or
sill levels on the ground floor. The cornice or soffit overhang, if
used, shall terminate the top of a building wall and may project horizontally
from the building wall plane and may be ornamented with moldings,
brackets and other details that shall be appropriate to the architectural
style of a building. The middle section of a building may be horizontally
divided at floor, lintel, or sill levels with belt courses. Building
massing shall be considered an integral part of the design of a building
and shall be architecturally compatible with the style, materials,
colors, and details of the building.
(3)
Massing and Length. A building shall not be permitted to measure
longer than 150 feet on any plane. Building wall offsets measuring
a minimum of four feet shall be provided at a maximum spacing of 50
feet along any building wall of 75 feet or greater to provide architectural
interest and variety and relieve the negative visual effect of a single,
long wall. Roof line offsets shall be provided along any roof measuring
longer than 75 feet in length, in order to provide architectural interest
and variety to the massing of a building and relieve the negative
visual effect of a single, long roof.
(4)
Roof. The type, shape, texture, and color of the roof of a building
shall be designed to compliment the architectural design of the building.
A roof shall be considered as an integral part of the design of a
building and shall be architecturally compatible with the style, materials,
colors, and details of the building. The minimum permitted gable roof
pitch shall be 6/12 and all gables on a building shall be of the same
pitch. A flat roof may be permitted on a building provided significant
architectural treatment is made of roof line. A mansard roof may be
permitted on buildings which incorporate these elements as a portion
of the entire style of the building (such as Victorian Second Empire),
but only if it is located on the third story of a building, completely
and integrally enclosing that story. Flat or mansard roofs shall be
prohibited on all other buildings. Architectural embellishments that
add visual interest to roofs, such as dormers, belvederes, masonry
chimneys, cupolas, clock towers and such similar elements, shall be
permitted, provided such is architecturally compatible with the style,
materials, colors and details of the building.
(5)
Windows. The fenestration of a building is an integral part
of its design and shall be architecturally compatible with its style,
materials, colors, and details.
(6)
Entrances. All entrances to a building shall be defined and
articulated by utilizing such elements as lintels, pediments, pilasters,
columns, porticos, porches, overhangs, railings, balustrades and other
such elements appropriate to the style of architecture of the building.
(7)
Physical Plant. All air conditioning units, HVAC systems, exhaust
pipes or stacks, and elevator housing shall be concealed from view.
Such shielding shall be accomplished by utilizing the walls or roof
of the building or a pent-house type screening device that shall be
designed to complement the design of the building and shall be architecturally
compatible with the style, materials, colors, and details of the building
or, if placed on the ground, screened by fencing and landscaping.
(8)
Materials, Colors and Details. All materials, colors and details
used on the exterior of a building shall be architecturally compatible
with the style of such building, as well as with each other. A building
designed of an architectural style that normally includes certain
integral materials, colors and/or details shall have such incorporated
into the design of such building.
(9)
Details. All architectural details used on the exterior of a
building shall be compatible with the architectural style of the building.
A building designed of an architectural style that normally has certain
integral architectural details shall incorporate such details.
(10)
Shutters. A building designed of an architectural style that
normally has shutters shall have them on all windows of all facades
fronting on a street and shutters shall be operable or appear to be.
(11)
Lighting. Light fixtures attached to the exterior of a building
shall be designed to help accent its architectural features and the
urban space of which it is part, shall be designed to compliment the
design of a building and shall be architecturally compatible with
the style, materials, colors and details of the building and other
lighting fixtures used on the site. Careful attention shall also be
given to the type of light source used and the light quality it produces.
The type of light source used on buildings, signs, parking areas,
pedestrian walkways, and other areas of a site shall be the same or
compatible. The use of low pressure sodium lighting shall be discouraged.
All exterior lighting shall comply with the requirements and standards
set forth in Exhibit A which may be found at the end of this section.
(12)
Signage. Signs affixed to the exterior of a building shall be
designed to compliment the design of the building and shall be architecturally
compatible with the style, materials, colors, and details of the building
and other signs used on the site.
(13)
Multiple Tenancy. A building with multiple fronts or multiple
tenants, whether or not the same type of use is located on the same
floor level, shall be unified in its design treatment through the
use of architecturally compatible style, materials, colors, details,
awnings, signage, lighting fixtures and other design elements.
(14)
Corner Buildings. A building on a corner site shall be considered
a more prominent structure from an urban design standpoint because
such buildings have at least two front visible facades. Therefore,
these structures shall have additional height, visual prominence,
and design elements relating to its location as a corner site.
(15)
Multiple Buildings. A development that contains more than one
building or structure shall be unified through the use of architecturally
compatible styles, materials, colors, details, awnings, signage, lighting
fixtures, and other design elements.
e.
Standards and Guidelines.
1.
Applicability. The standards and guidelines contained in this subsection
shall apply to all site plan applications in the Town Center Area
of the adopted Warren Township Master Plan Town Center Element dated
August, 1990.
2.
Guidelines Resulting from the Visual Preference Surveys.
(a)
The following guidelines shall apply to all site plan applications
on tracts located within the Town Center Area of the adopted Warren
Township Master Plan Town Center Element dated August, 1990.
(b)
Guidelines. The following guidelines result from the Community
Character Preference Survey and are based on photographs and sketches
which represent the images, dimensional qualities, and physical, spatial
and visual character desired by the Township. These images illustrate
specific design elements which provide guidance and direction for
development. The following elements are significant in determining
the desired images:
(1)
Foreground and background, including the ground plane and the
frontal picture plane.
(2)
The visible facades of all buildings, including all vertical
surfaces and openings.
(3)
Ground plane textures and colors including sidewalks, pedestrian
walkways and parking lots.
(4)
Design details, including landscaping, street lights and other
street furniture, such as trash receptacles, benches, bus stops, and
information/advertising kiosks.
(5)
The relationship between building surfaces and edges.
(6)
The height, scale, style and proportions of buildings and the
proportion of openings to voids.
(7)
The continuity of streetscape elements, such as light standards,
pavement width, planting islands, pavement texture, and landscape
elements.
3.
Town Center Design.
(a)
This subsection shall apply to all site plan applications in
the Town Center Area of the adopted Warren Township Master Plan Town
Center Element dated August, 1990.
(b)
Standards and Guidelines. Design is the three dimensional relationship
between structures, spaces and landscaping elements which determines
the visual, spatial and physical impact of an area and moving picture
plane of the view and/or user. The following shall be used to develop
and review the physical character and appearance of a development
plan and, specifically, the appropriateness of the physical, visual,
and spatial relationships between the proposed development, the adjacent
and nearby buildings, the open spaces, both on and off the site, and
the district in which it is located.
(1)
Context. An individual development shall not be considered on
its own, but with sufficient regard to the design guidelines and standards
as set forth in the Design Vocabulary, the results of the Visual Preference
Survey and the Illustrative Streetscape Sketches.
(2)
Character and Consistency. The character of a zone, neighborhood,
streetscape, district and community is created and maintained through
the consistent use of compatible urban design and architectural design
elements, such as massing, scale, proportion, style, roof pitches,
materials, colors, signage, building details, lamp posts and other
lighting, fences and walls, shade trees and other landscaping, sidewalk
and walkway materials and other groundscape treatments, benches, trash
receptacles and other street furniture. Consistent use of compatible
elements develops and reinforces design relationships and shall be
encouraged. Architectural or streetscape elements that are incompatible
with these guidelines shall be avoided. If existing buildings, streetscapes
and/or open areas are considered visually incompatible or unattractive,
and provide for inappropriate context for new development or redevelopment,
the standards set forth in the Visual Preference Survey Guidelines
shall apply. Materials or colors incompatible with the selected Design
Vocabulary shall not be allowed unless the applicant shows proof that
the materials or colors will enhance the design intent of the district
and its Design Vocabulary.
(3)
Each building, whether new or rehabilitated, shall have a finished
elevation, cornice and roof on all visible facades. The design of
each building shall not be considered on its own, but with sufficient
regard to the overall Urban Design Plan, the Design Standards and
Design Vocabulary.
(4)
The following relationships shall be demonstrated for any building
or structure proposed for the Town Center Area of the adopted Warren
Township Master Plan Town Center Element dated August, 1990.
(i)
Rhythm of Spacing. The relationship of the building to the open
space between it and adjoining buildings shall conform to the Urban
Design Plan and the recommended Urban Design Vocabulary.
(ii)
Relationship of Materials, Textures and Colors.
The relationship between materials, textures, and colors of the facades
and roof of a building or group of buildings shall conform to the
recommended Design Vocabulary, the Material and Color Standards and
must be visually compatible with the predominant materials, textures
and colors used in buildings to which such are visually related.
(iii)
Roof. The roof of a building shall be visually
compatible with the Design Vocabulary and the streetscape and buildings
to which such is visually related. Buildings shall have either a pitched
roof or a roof designed with an articulated cornice. Gabled roofs
shall have a minimum pitch of 6/12. No "tack on" mansard roofs shall
be permitted, except where historically appropriate. Flat roofs may
be permitted provided an articulated cornice that steps out from the
building wall plane is utilized along the roof line of the street
facade.
(iv)
Scale. The size and massing of a building shall
follow the Urban Design Plan and shall be compatible with the existing
and proposed buildings and spaces to which it is related.
(v)
Awnings and Canopies. In the Town Center Area of the adopted
Warren Township Master Plan Town Center Element dated August, 1990,
awnings and canopies shall be required where outside display is to
occur and where adjacent structures have such. Awnings and canopies
shall be used where possible to complement the architecture and color
of the building. Awnings shall be capable of retracting up against
building facades when not in use. Stationary aluminum or metallic
awnings and pent eaves are inappropriate and shall be avoided. All
awnings and canopies shall also conform to the Township's applicable
sign ordinance.
(vi)
Continuity of Walls and Fences. Walls and open
fencing shall be visually compatible with the Design Vocabulary and
the streetscape, buildings and spaces to which such are visually related.
(vii)
Proportion of Facade. The relationship of the
width of a building to the height of its front elevation shall conform
to the Design Vocabulary and the streetscape, buildings and spaces
(created by ground conditions, building sides and vegetation) to which
it is visually related.
(viii)
Rhythm of Openings. The relationship of entrances
and porches to the street shall be visually compatible with the Design
Vocabulary and the streetscape and buildings to which such is visually
related. Entrances shall be recessed where possible.
(ix)
Rhythm of Solids. The relationship of the solid
portions of a building to the voids, formed by door and window openings
and recesses, shall conform to the Design Vocabulary and the streetscape
and buildings to which such is visually related.
(x)
Windows. Ground level windows for permitted uses may be of the
large pane display type, but shall be framed by the surrounding wall
and shall not comprise over 75% of the ground level facade area.
(xi)
Sidewalks. Public sidewalks, roadway crosswalks
and internal pedestrian walkways shall follow the recommended Material
and Color standards. The Board may waive these paving material specifications
only if the applicant can demonstrate that the substitute paving material(s)
will be architecturally compatible with the style, materials, colors,
and details of buildings and other structures on the site and on adjacent
properties and will create a more attractive development generally.
4.
Streetscape.
(a)
The following standards and guidelines shall apply throughout
the Town Center Area of the adopted Warren Township Master Plan Town
Center Element dated August, 1990.
(b)
Standards and Guidelines.
(1)
Buildings and building edges shall be designed to define a streetscape
as indicated on the Urban Design Plan and elsewhere in this chapter.
Building facades shall be used to create spatial enclosure. The recommended
proportion of a street (average height of buildings to average street
width) is 1:1 or one dimension wide to one equal dimension of height.
This proportion can range from 1:2 (one wide to two high) to 2:1 (two
wide to one high).
(2)
The streetscape edge shall include Belgian block or granite
curbing, decorative lamp posts, sidewalks of brick, colored textured
concrete or concrete with brick outlines; street trees and privacy
edges (decorative fences or hedges) where use is other than retail/service
and other street furniture such as benches, trash receptacles, planters,
bus stops and information/advertising kiosks.
(3)
Landmarks and focal points shall be designed to provide orientation
and termination of views, and shall occur at strategic locations indicated
on the Urban Design Plan: at locations that terminate a major view,
at locations that form a gateway to a district, at 600-foot to 1,000-foot
intervals along roadways where vehicular speeds range from 25 mph
to 35 mph, at major curves in roadways and at the terminus of "T"
intersections. Buildings designed as landmarks and focal points may
include an increase in height and shall include such features as clock
towers or other architectural embellishments inherent to the architectural
design of the lower portion of the building.
(4)
Buildings shall be sited to maintain the grid relationship of
the existing and proposed streets, or the road network proposed in
the approved Circulation Plan Element of the Master Plan.
(5)
New or rehabilitated structures, parking lots or other building
improvements shall conform to the locations and street edge recommendations
of the Urban Design Plan.
(6)
Sidewalks shall promote a pleasant ambiance to pedestrians.
Sidewalks shall be a minimum of four feet wide in residential areas
with greater width in commercial areas which are subject to heavier
pedestrian traffic. The applicant shall give attention to color, detail,
material and harmony of the sidewalk.
(7)
Lamp posts and other lighting fixtures to be located on the
site shall conform to the general lighting standards herein set forth
and be compatible with any lighting posts and/or fixtures which may
be located in the adjacent portion of the public right-of-way and/or
on adjacent and nearby sites or rights-of-way.
(8)
Shade trees and other landscaping on the site or in the adjacent
public right-of-way shall conform to the general landscaping standards,
and be compatible with shade trees and/or landscaping on adjacent
or nearby sites or rights-of-way.
(9)
Benches, trash receptacles and other street furniture on the
site shall conform with the design standards and with those existing
in the public right-of-way and on adjacent or nearby sites or rights-of-way.
5.
Material and Color Standards and Guidelines.
(a)
The following standards shall be specifically applied to develop
and evaluate the architectural materials and colors of all buildings
and structures in development plans located in the Town Center.
(1)
Materials. Exterior building materials shall consist of the
following:
(i)
Walls — brick, stone, cast stone, or other smooth finished
surface masonry; wood, aluminum or vinyl horizontal clapboard siding.
(ii)
Roofs - asphalt or cedar shingles, tile, slate,
synthetic slate (mineral fiber reinforced or lightweight concrete
roofing shingles), and standing or batten seam metal, including aluminum.
(iii)
Door and window trim - wood, stone, steel, or
anodized colored aluminum, vinyl clad wood or fiber glass.
(iv)
Cornices and soffits - wood, stone or fiber glass.
(v)
Shutters - wood or vinyl with woodgrain imprint.
(vi)
Awnings - canvas, acrylic, vinyl, plastic or other
water proofed fabric or materials.
(vii)
Gutters, leaders and flashing - galvanized steel,
copper, colored anodized aluminum or terne coated stainless steel.
(viii)
Sidewalks and walkways - public sidewalks, roadway
crosswalks and internal pedestrian walkways shall consist of brick
and/or other textured surface materials including cobblestone, patterned
and colored concrete and concrete accented by brick.
(2)
Prohibited Materials. The use of bare aluminum, other bare metal
materials or exposed concrete block as exterior building materials
shall be specifically prohibited. In no instance shall a sidewalk
located in a public right-of-way be permitted to be constructed of
asphalt.
(3)
Colors.
(i)
All exterior portions of a building and all materials used on
it shall be of such colors or hues as those recommended in the Visual
Preference Survey Color List. Colors not contained in the Visual Preference
list or building materials that are not available in colors specifically
contained in the Visual Preference may be permitted if such colors
are shown by the applicant to be substantially consistent and compatible
with the Visual Preference Colors.
(ii)
The Color Chart.
|
Recommended Building Color Combinations
|
6.
Street Trees.
(a)
The design objective for the existing roadways classified as
arterial roadways within the Town Center Area of the adopted Warren
Township Master Plan Town Center Element dated August, 1990 area is
to establish coordination of roadside improvements. Little Leaf Linden
(tilia cordata) and Red Maple (acer rubrum) are the preferred street
tree within and adjoining the public right-of-way of existing roadways
within the Town Center Area. The two species have been selected from
the urban tolerant street trees. The Little Leaf Linden tree is currently
present at a number of properties in the area.
(b)
All other streets not classified as arterials within the Town
Center Area should present a variety of street tree species. The preferred
street tolerant trees are as follows:
|
Village Green Zelkova
|
Zelkova serrata village green
|
|
Little Leaf Linden
|
Tilia cordata
|
|
Honeylocust
|
Gleditsia triacanthos inermis
|
|
Green Ash
|
Fraxinus Ianceolata
|
|
Ginkgo
|
Ginkgo magyar
|
|
Regent Scholartree
|
Sophora japonica regent
|
|
London Planetree
|
Platanus acerifolia (orientalis)
|
|
Red Maple
|
Acer rubrum
|
|
October Glory Maple
|
Acer rubrum October glory
|
|
Kwanzan Cherry
|
Prunus Kwanzan
|
|
Hackberry
|
Celtis occidentalis
|
|
Bradford Callery Pear
|
Pyrus Bradford
|
|
Redspire Callery Pear
|
Pyrus Redspire
|
|
Pin Oak
|
Quercus Paulustris
|
|
Southern Red Oak
|
Quercus Falcata
|
|
Thornless honey locust
|
Gleditsia triacanthos
|
|
Trees and other landscaping shall have a two-year maintenance
standard.
|
7.
Sidewalks.
(a)
Arterial Streets. Interlocking paving blocks in buff color range
with a minimum of five feet in width.
(b)
All Other Street Classes. Sidewalks shall not be a finished
concrete or asphalt. Sidewalk surface construction material shall
be coordinated from one property to the next. Surface and construction
material may change at street intersections.
8.
Typical Cross Sections. See attached. The attached cross sections
incorporate adopted design standards of the Town Center Area and Mountain
Boulevard corridor plan elements of the Master Plan.
|
Figure 1
Proposed Typical Cross-Section
Mountain Boulevard - West (With Left Turn Lanes)
|
|
Proposed Typical Cross-Section
Mountain Boulevard - West
|
[Ord. No. 92-33]
a.
All construction stakes and grades shall be set by a professional
engineer or land surveyor in the employ of the developer or his contractor,
and a duplicate copy of the notes made therefrom shall be filed with
the Township Engineer.
b.
No construction work shall commence without the Township Engineer
being properly notified. Such notice shall be given at least three
working days before the commencement of work and applicant shall show
proof that all permits are approved.
c.
All site improvements proposed to be dedicated to the Township of
Warren shall conform to the Standard Construction. Details on file
in the Warren Township Engineering Department unless specific modification
of same has been approved by the Planning Board or Board of Adjustment
as the case may be.
d.
In accordance with the "New Jersey Soil Erosion and Sediment Control
Act" (chapter 251, P.L. 1975) sediment and erosion control measures
shall be installed prior to any other site development. Such measures
shall apply to all aspects of the proposed development, and shall
be in operation during all stages of development. Increased runoff
and sediment, resulting from modified soil and surface conditions
caused by the proposed development, shall be minimized and where possible,
retained on-site. Detention and sediment and erosion control facilities
shall be designed in conformance with the "Standards for Soil Erosion
and Sediment Control in New Jersey" of the New Jersey State Soil Conservation
Committee and administered by the Somerset-Union Soil Conservation
District.
e.
Water Supply. Water mains shall be constructed in such a manner as
to make adequate water service available to each lot or building within
the development. The entire system shall be designed in accordance
with requirements and standards of the Township of Warren and local
serving utility.
f.
Sanitary Sewers. Each lot within a subdivision area shall be provided
with sewage disposal facilities by the required extension of sewer
lines and connections thereto. All such installation of lines, mains
and connections shall be constructed in accordance with the specifications
and requirements of the Township Sewerage Authority and shall be subject
to the approval of same.
g.
Public Utilities. All public utilities shall be connected to an approved
public utilities system where one exists. The developer shall arrange
with the servicing utility for the underground installation of the
utilities distribution supply lines and service connections in accordance
with the provisions of the applicable Standard Terms and Conditions
incorporated as part of its tariff as the same are then on file with
the State of New Jersey Board of Regulatory Commissioners. The developer
shall provide the Township with four copies of a final site plan showing
the installed location of the utilities. The developer shall submit
to the Board, prior to the granting of final approval, a written instrument
from each serving utility which shall evidence full compliance.
[Ord. No. 92-33]
a.
General Improvements Required. The following are classified as preliminary
improvements and shall be installed within the time limitations as
provided herein:
1.
Sidewalks or additional walkways may be required in residential,
business or industrial areas as determined on an individual basis.
2.
Grading, curbing, road and pavement in entirety of all new streets
except for surface course.
3.
Drainage facilities including stormwater management facilities, as
may be required by the Planning/Zoning Board.
4.
Sanitary sewers.
5.
Water and gas mains, where applicable.
6.
The clearing or regrading of areas within the sight rights required by Section 15-7, to provide clear visibility across the same.
7.
Street signs.
8.
Street lights, if required.
9.
Other subdivision or site improvements as set forth in resolution
of approval of the Board.
b.
The following are classified as final improvements and shall be installed
within the time limitations as provided herein.
1.
Road pavement surface course.
2.
Such monuments as may be required by the Map Filing Law of New Jersey
or the Planning/Zoning Board.
3.
Topsoil protection, which shall consist of the redistribution of
any topsoil moved during the course of development so as to provide
the maximum possible cover to all graded areas.
7.
Other subdivision or site improvements set forth in the resolution
of approval of the Board.
[Ord. No. 92-33; Ord. No. 97-9, § 1; Ord. No. 02-23, §§ 1-3; Ord. No.
09-14 § 1]
a.
Township/County Streets and Rights-of-Way. For work on Township streets
and right-of-way areas, this entire section shall be applicable. For
work on County roads and right-of-way areas, the person conducting
the same shall obtain a County of Somerset road opening permit and
shall comply with all portions of the within section except for paragraphs
d, e, f, g, h, i, l.1 and m (the matters specific to County applications
in paragraphs b, c, and j are set forth separately therein). The person
conducting work on a County road or right-of-way shall have all Township
fees and escrow requirements waived.
b.
Permit Required. No person shall make any excavation or place any
form of construction in, over or upon any street or right-of-way area,
or remove or alter any curb or otherwise endanger or obstruct the
normal flow of traffic or normal flow of surface water by: water discharge,
the placing of any barricade, structure, material or equipment not
normally designated to be operated, placed or used on a street or
which would cause injury to a right-of-way area without first obtaining
a written permit approved by the Superintendent of Public Works after
consultation with the Warren Engineer and the Warren Police Chief
or his designee which permit shall be issued by the Superintendent
of Public Works for the fees provided in this section. No permit will
be issued which would allow the discharge of water from any property
onto any street or right-of-way area. Before a permit is issued, application
must be made upon forms provided by the Township. The application
shall be accompanied by scaled drawings satisfactory to the Superintendent
of Public Works or Township Engineer, showing all details of any structures
being installed or altered in the streets or right-of-way areas (relative
to County roads, the drawing accepted by the County shall be acceptable
to the Township). Every application for a permit shall specify the
name and address of the applicant, the name and address of the property
owner if different than the applicant, the day and evening telephone
numbers of the contractor and the property owner, FAX numbers and
pager numbers for the property owner and the contractor and the name,
address, FAX number and pager number for the person to contact for
an emergency 24 hours a day, the place at which the work is to be
done, the character of the work and the time within which it is to
be completed. No such permit shall be valid except for the place,
time and character of work specified therein. If for any reason, emergency
contacts cannot be reached, or if the emergency contact person does
not respond to a call to correct a hazardous condition, the Township
may respond to correct such hazardous condition. The reasonable costs
for such emergency services by the Township shall be charged to the
landowner and the contractor on the project.
c.
Insurance. Prior to the issuance of any permit for excavation below
pavement grade or for any disturbance to a right-of-way area, the
applicant shall file a certificate of insurance with the Superintendent
of Public Works certifying that there is in full force and effect
liability, property damage and XCU insurance for the protection of
the applicant and the Township from any and all claims for personal
injury including accidental death and property damage in minimum amounts
of $100,000 to $300,000 for bodily injury and $25,000 for property
damage (on County roads, the amount of insurance coverage acceptable
to the County will be acceptable to the Township).
d.
Deposit or Bond. No person shall be granted a permit to open any
street or to conduct any work in a right-of-way area unless there
is deposited with the Superintendent of Public Works (who will forward
the same to the Warren Chief Financial Officer) performance guarantees
sufficient to secure the cost of repairing and replacing the street
or other surface appurtenances within the street, shoulder, curb,
right-of-way area or drainage areas as may be determined by the Superintendent
of Public Works in consultation with the Township Engineer; said determination
of performance guarantee amounts shall be based upon actual current
cost estimates to be made by the Township Engineer plus 20%. All performance
guarantees required hereunder shall be secured by cash only. The minimum
amount of the performance guarantee for any street opening shall be
$700.
e.
Inspection Fees. All street openings, excavation and restoration
thereof shall be made under the supervision of the Superintendent
of Public Works, and shall be subject to periodic inspection as he
deems necessary. In addition to the performance guarantee deposit
as provided in paragraph d., each applicant for a permit shall pay
the following fees for the purpose of issuance of the permit, examination
of drawings, supervision and inspection of work: The sum of $100 for
all permits for which a $700 performance guarantee is posted under
paragraph d hereof and 5% of any sum in excess of a $700 performance
guarantee posted under paragraph d hereof. In addition, for applications
for trench openings which run parallel to the road the permittee shall
pay an additional $25 for each 100 feet of trench or portion thereof.
By way of example: The Township requires an $800 performance guarantee
to be posted and the application is for 135 feet of parallel trench
- the total fee would be $100 (base fee); $5 for eight $800 performance
guarantee and $50 for 135 feet of parallel trench - for a total fee
of $155. In the event more than one inspection is required, the same
will be made at the additional charge of $25 each, which sum shall
be deducted from the above performance guarantee.
f.
Release of Deposit or Bond. No performance guarantee shall be released
until all repaving and replacing of streets or other surfaces or appurtenances
within the street, shoulder, curb, right-of-way area or drainage areas
are fully complete to the satisfaction of the Superintendent of Public
Works and all inspection fees paid as provided in this section. In
no event shall any such performance guarantee be released within a
period of six months from completion of the work and until written
approval thereof by the Superintendent of Public Works is obtained
and the Warren Township committee approves the same.
g.
Backfill. Unless otherwise directed by the Superintendent of Public
Works the following specifications shall govern the backfill in excavated
trenches:
1.
All openings in roads, road shoulders, driveways and other municipal
right-of-way areas shall be backfilled with the materials excavated
therefrom, if approved by the Superintendent of Public Works, and
shall be tamped in twelve-inch layers with a mechanical tamper. If
the Superintendent of Public Works finds that those materials are
not of suitable nature he shall have the authority to require the
said opening to be backfilled with bank run gravel.
h.
Maintenance and Repair of Openings. Unless otherwise directed by
the Superintendent of Public Works, upon completion of the opening
and backfill as specified in paragraph g., the following specifications
shall govern the maintenance and repair of street openings and openings
in right-of-way areas by the permittee.
1.
Shoulder openings shall be backfilled to within eight inches of the
existing shoulder surface. The remainder of the trench shall be filled
with road stone and tamped or rolled with a roller having a minimum
capacity of a five ton roller. The trench shall be maintained to the
existing shoulder grade by the addition of shoulder stone as required.
2.
Pavement openings shall be filled as specified above for shoulder
openings except that in place of the shoulder stone used to fill the
remainder of the opening, six inches of bituminous concrete may be
required. When, in the opinion of the Superintendent of Public Works,
settlement in the pavement opening has ceased, the bituminous concrete
surface shall be removed and a permanent surface installed which shall
as nearly as possible duplicate the original pavement in type, material,
color and texture of surface to result in a uniform riding surface.
3.
Driveway openings shall be replaced in kind in accordance with the provisions of subsection 15-9.3 hereof. All other work relative to driveways shall be conducted in accordance with the said subsection.
4.
Adequate provisions shall be made to maintain and restore drainage
facilities.
5.
Right-of-way areas shall be filled in accordance with paragraph h
above and shall be fine graded and seeded or sodded at the Superintendent
of Public Work's direction. All such areas shall, to the extent reasonably
possible, be returned to a state as close as that which existed before
any work was performed therein.
i.
Use of Explosives. When it shall be necessary to use or store explosives
in conjunction with any street opening or right-of-way work, the permittee
shall comply with all applicable provisions of the Fire Prevention
Code adopted by the Township. The provisions and requirements of the
code are in addition to this subsection. The permittee shall notify
the Warren Police Chief or his designee by 8:00 a.m. each day blasting
shall take place.
j.
Traffic and Public Safety. Every person making an excavation shall
be required to place and maintain suitable warning devices, caution
notices, barriers and lighting devices pursuant to the requirements
of Title 39 of the Revised Statutes of New Jersey as amended and supplemented
and all work shall also be performed and conducted in accordance with
the provisions hereof and the requirements of the Manual on Uniform
Traffic Control Devices (referred to as "M.U.T.C.D.", hereinafter),
as amended and supplemented. M.U.T.C.D. requirements may be modified
to reasonably take into consideration the specific project by the
Superintendent of Public Works in consultation with the Warren Police
Chief or his designee. All work shall be conducted in such manner
as to minimize the obstruction of traffic and inconvenience to the
public and occupants of adjoining property. Where an excavation extends
the full width of a street, only 1/2 of the street shall be open and
back-filled prior to opening the remaining half. When a Township road
is required to be totally closed for construction for a period of
24 hours or less, a detour plan shall be submitted to the Warren Police
Chief or his designee for approval. In the event that such closure
shall exceed 24 hours, the plan will be submitted to the Warren Police
Chief or his designee for approval, once approved, the same will be
submitted to the Warren Committee for its acceptance. When a County
road is closed by the County for the above time periods, pursuant
to County specifications for road openings, along County roads, then
the above approval process for Township road closures shall apply.
Flagpersons shall be posted at all construction or maintenance sites
when determined by the Warren Police Chief or his designee that the
same is necessary to provide for the safety and expeditious movement
of traffic. All flagpersons shall possess sight and hearing within
normally accepted limits and be able to communicate in English sufficiently
well to answer motorists' questions. When the Warren Police Chief
or his designee deems it appropriate, he shall require that a sworn
police officer shall act as the aforesaid person.
k.
Pre-Construction Meeting. In the event the Superintendent of Public
Works or the Warren Police Chief or his designee deem it appropriate,
a preconstruction meeting shall be arranged for the submission of
plans for the safe movement of traffic during the period of construction
or work and/or the actual construction of the project. The entity
filing the application for street opening or excavation permit will
be advised at the time of the issuance of a permit as to any requirement
for a pre-construction meeting. The said superintendent or Police
Chief shall advise each other of any meeting called.
l.
Time of Performance and Work Hours.
1.
Time of Performance. Any street opening must be backfilled within
a period of 48 hours after commencement of excavation. Temporary repaving
shall be completed promptly as trenches are backfilled. Permanent
replacement shall be completed within a period of six months from
the date of installation of temporary pavement, unless the Superintendent
of Public Works designates a shorter period of time. The Superintendent
of Public Works may grant time extensions under this paragraph where
circumstances warrant. All work in any right-of-way areas shall be
completed at the earliest time reasonably possible.
2.
Work Hours. There shall be no construction or maintenance operations
on any street in Warren before the hour of 9:00 a.m. or after the
hour of 4:00 p.m. unless an emergent need arises or unless the party
receives written permission from the Superintendent of Public Works
or Warren Police Chief or his designee as to the same.
m.
Public Utilities. Any public utility subject to regulation by the
New Jersey Board of Public Utilities may, in lieu of security deposits,
required in paragraph d., execute a bond in the sum of $10,000 to
the Township and file same with the Township Clerk. Such bond shall
be conditioned upon compliance with the applicable provisions of this
subsection. In lieu of filing certificates of insurance as provided
in paragraph c above, a public utility may file with the Township
Clerk evidence certifying that it is qualified as a self-insurer pursuant
to the appropriate statutes of the State of New Jersey. The provisions
of paragraphs d and e shall not apply to the installation of public
utility poles and anchors. The Township Clerk shall advise the Superintendent
of Public Works as to the filing of such bonds.
n.
Emergencies. Street openings or excavations may be made without obtaining
a written permit as provided herein in cases of emergency which would
reasonably appear to endanger public health or safety. In such emergencies,
adequate precautions shall be taken as provided in paragraph j. Immediate
notice thereof shall be communicated to the Warren Police Chief or
his designee. Application for a permit shall thereafter be made within
a period of 48 hours and the provisions of this subsection shall be
met.
o.
Indemnification. Every permittee shall, as a condition of accepting
any permit issued hereunder, save and hold harmless the Township and
indemnify the Township from and against any loss, damage, claim, expense
or demand whatsoever arising out of any matter or resulting from the
opening of any street and the issuance of a permit therefor.
p.
Violations and Penalties. Any person, contractor, utility or other
entity which commits a violation of this section shall, upon conviction
thereof, for a first offense pay a fine of not less than $100 nor
more than $300 and/or be imprisoned in the County Jail for a term
not exceeding 30 days. For a second offense, upon conviction thereof,
pay a fine of not less than $200 nor more than $500 and/or be imprisoned
in the County Jail for a term not exceeding 60 days.
A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.
This section shall be enforced by the Superintendent of Public
Works and all sworn officers of the Warren Police Department.
The Superintendent of Public Works or the Warren Police Chief
or his designee shall have the authority to stop work, including the
removal of equipment, vehicles and materials within the street or
right-of-way in order to abate any nuisance, traffic delay and/or
safety hazard or for any violation of this section.
[Ord. No. 92-33; Ord. No. 04-15, §§ 1, 2; Ord. No. 04-31 § 1; amended 10-19-2023 by Ord. No.
23-16]
a.
Legislative Findings and Statement of Purpose.
1.
The Township Committee finds that the uncontrolled and unregulated
disturbance, excavation, filling, and removal of soil on individual
lots for detached one- or two-family dwelling-unit buildings has resulted
and will result in conditions detrimental to the public safety, health,
and general welfare, deterring and hampering the efforts of the Township
to effectuate the general purposes of municipal planning.
2.
Continuation of the uncontrolled and unregulated disturbance, excavation,
filling and removal of soil will result in serious and irreparable
damage to the public health and welfare by reason of the consequent
erosion by water and wind, inadequate and improper surface water drainage,
interruption of septic and sanitary disposal systems, decrease in
or destruction of the fertility of soil, removal of the lateral support
of abutting streets, lands and premises, creation of dangerous depressions
or pits, creation of dust storms and mosquito breeding places, rendering
of lands unfit or unsuitable for their most appropriate uses, and
creation of other factors and elements hampering and deterring the
coordinated, adjusted and harmonious physical and aesthetic development
of the Township.
3.
For these reasons it is hereby established that the uncontrolled
and unregulated disturbance, excavation, filling, and removal of soil
shall be controlled and regulated as set forth herein.
b.
Requirement of Permit; Applicability; Transferability.
1.
No person, firm or corporation shall do, cause, or allow any of the
following actions to occur in the Township of Warren, unless and until
a Grading and Land Disturbance permit therefor shall first have been
issued by the Township Engineer of the Township of Warren for the
following activities:
(a)
The addition of more than 100 cubic yards of soil to any lot.
(b)
The removal of more than 100 cubic yards of soil from any lot.
(c)
The moving of more than 100 cubic yards of soil or other material
on a lot where said activity results in a change in any of the contours
of the lot greater than six inches or results in a change in the drainage
characteristics of the lot to the extent that there is increased or
decreased runoff to any abutting properties or private or public roads.
(d)
The construction of an inground swimming pool regardless of
the amount of soil disturbed.
(e)
Any construction which requires a footing and foundation regardless
of the amount of soil disturbed; however, escrow fees and plans can
be waived by the Township Engineer at the Engineer's discretion if
the project involves removal or movement of less than 100 cubic yards
of soil from the lot.
2.
A Grading and Land Disturbance permit may be transferred with the
approval of the Township Engineer. Said approval may not be unreasonably
withheld. The transferee shall be subject to all terms and conditions
of said permit.
c.
Exceptions; Approvals of Other Agencies. The provisions of this subsection
shall not apply to the following:
1.
Excavation for the construction or repair of individual subsurface
sewage disposal systems (septic systems) when such construction or
repair is performed pursuant to a permit duly issued by the Warren
Township Board of Health and/or New Jersey Department of Environmental
Protection.
2.
Commercial site plans approved by the Planning Board or the Board
of Adjustment.
3.
Lake or stream dredging, where approval is required by the Soil Conservation
District, Bureau of Fish, Game and Wildlife, New Jersey Department
of Environmental Protection, or any other governmental agency.
4.
Landscaping activities, to include but not limited to the addition
of any amount of soil, provided that the said activity results in
no change in any of the contours of the lot greater than six inches
and does not change the lot's drainage characteristics to the extent
that there is increased or decreased runoff to any abutting properties
or private or public roads.
5.
Farming activities including plowing, spading, cultivation, harrowing
or dishing of soil, or any other operation usually and ordinarily
associated with the preparation of soil for agricultural or horticultural
purposes.
6.
Improvements made within a major subdivision, which have been reviewed
by the Township Engineering Department during the subdivision review
process and have been approved by the Planning/Zoning Board. This
exception specifically does not include the development of individual
lots within a subdivision or any subdivision improvements which have
not been reviewed by the Township Engineering Department during the
subdivision review process and approved by the Planning/Zoning Board
which will remain subject to this subsection.
7.
If approval is required by the Soil Conservation Service of the State
of New Jersey, Department of Environmental Protection or any other
governmental agency, such approval shall be required as a condition
of approval of the soil permit application and no soil permit shall
be issued until such approval is obtained.
8.
Deck footings.
9.
The Township Engineer may waive the requirement for a permit and/or
a grading plan based on the specific land disturbance and site conditions.
d.
Application; Form and Content; Fees. An application for a Grading and Land Disturbance permit and the fee and escrow deposit as set forth in Section 15-5 of this chapter shall be filed with the Township Engineer. Application shall be made on forms prescribed by the Township and supplied by the Township Engineer. The application shall set forth the following:
1.
The identity and location of the applicant.
2.
The description and location of the lands in question including metes
and bounds and tax lot and block.
3.
The identity and location of the owner of lands.
4.
The purpose and reason for moving the soil.
5.
In case of removal, the place to which the soil will be removed,
and the type and quantity of soil to be removed.
6.
The proposed dates of commencement and completion of the work.
7.
Construction details and specifications of all proposed site features.
8.
Soil erosion control measures.
9.
Such other pertinent data as the Township Engineer may require.
e.
Maps Required for Grading and Land Disturbance Permit. The application
for Grading and Land Disturbance permit shall be accompanied by a
topographical map, in duplicate, of the lands in question. Said map
shall be prepared and certified by a licensed professional engineer,
architect, or licensed land surveyor as New Jersey law may allow.
Said map shall be prepared at a scale of no greater than 50 feet to
the inch and shall show:
1.
The present grades (existing contour lines and spot elevations).
2.
The proposed grades that will exist when the work is completed (future
contour lines and spot elevations).
3.
The quantity of cubic yards of soil involved in the work (estimated).
4.
The topography of all lots and streets within 100 feet of the area
of proposed disturbance.
5.
The soil erosion measures to be employed.
6.
Present and proposed surface water drainage and supporting drainage
analysis including any possible impacts to adjoining properties.
8.
Such other pertinent data as may be required by the Township Engineer.
f.
Review by Township Engineer. All applications for soil movements
of less than 2,500 cubic yards of soil shall be reviewed and approved
or denied by the Township Engineer based upon the standards established
herein. In the event an applicant is dissatisfied with the Township
Engineer's decision, he shall have the right to appeal the same to
the Planning/Zoning Board which will hear the same de novo under paragraph
g.
g.
Review by Planning Board. Any application for soil movement of 2,500
cubic yards or more (or, in the case an applicant is dissatisfied
with the Township Engineer's decision as set forth in paragraph f)
shall be reviewed and approved or denied by the Planning Board based
upon the standards established herein. Before the application is heard
by the Planning Board, the Township Engineer shall review the application
and shall forward the same to the Planning Board with written recommendations.
The Township Engineer shall complete his review of the application
and forward the same to the Planning Board within 20 days of his deeming
the same complete. Upon receipt by the Planning Board, together with
the written recommendations of the Township Engineer, the Planning
Board shall schedule a hearing for its next public meeting.
If the application before the Planning/Zoning Board is for a
soil movement of 5,000 cubic yards or more, public notice of the said
Planning/Zoning Board hearing shall be required by publication in
the official newspaper of the Township at least 10 days' prior to
the date of the hearing. Notice shall also be given to the owners
of all real property as shown on the current tax duplicate or duplicate
located within 200 feet in all directions of the property which is
the subject of such hearing and whether located within or without
the Township in which the applicant's land is located. Such notice
shall be given by serving a copy thereof on the owner, as shown on
the current tax duplicate or his agent in charge of the property or
mailing a copy thereof by certified mail to the property owner at
his address as shown on the current tax duplicate. A return receipt
is not required. Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, vice-president, secretary, or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice of all hearings on applications for development involving property
located with 200 feet of an adjoining municipality shall be given
by personal service or certified mail to the Clerk of such municipality,
which notice shall be in addition to the notice required to be given
to the individual owners of lands in such adjoining municipality which
are located within 200 feet of the subject premises.
h.
Standards for Review; Resolution of Consent. In considering and reviewing
the application and in issuing or denying a permit, the Township Engineer
or the Planning/Zoning Board shall be guided by the general purpose
of municipal planning and shall consider at minimum the following
factors:
1.
Surface water drainage.
2.
Soil erosion by water and wind.
3.
Lateral support of abutting streets or public improvements.
4.
Public health and safety.
5.
For any residential lot of 40,000 square feet or greater which will
have a lot coverage by all buildings and pavements more than 15%,
the Township Engineer or the Planning/Zoning Board shall require on-site
provisions for the retention of all surface water drainage resulting
from the said excess coverage over and above the said 15%. The Township
Engineer or Planning/Zoning Board shall waive the requirements of
this subsection if the Township Engineer or Planning/Zoning Board
determine that the existing drainage facilities servicing the subdivision
are adequate to handle the excess surface water drainage resulting
from the lot coverage exceeding 15%.
6.
Such other factors as may bear upon or relate to the coordinated
and harmonious physical development of the Township.
i.
Seasonal Cash Security.
If the soil grading or land disturbance remains incomplete between
October 15th and March 15th, the permit holder or property owner shall
post a seasonal cash security in the minimum amount of $500 with the
Township of Warren until the topsoiling, seeding, and stabilization
is completed. The amount of the seasonal cash security will be calculated
by the Township Engineering Department based upon current prices to
complete the grading or land disturbance and the following factors:
1.
The volume of soil to be removed as estimated by the Township Engineer.
2.
The determination of the Township Engineer regarding the amount of
the remaining work to be completed.
3.
The effect that incomplete work may have on public improvements.
4.
Such other relevant information as the Township Engineer may determine,
in the Engineer's sole discretion, is necessary to evaluate the amount
of the seasonal cash security.
While the work remains incomplete, all temporary soil erosion
and sediment control measures shall remain in place and shall not
be removed until permanent stabilization measures have been installed
and approved by the Township Engineering Department.
If the work in not completed by the permit holder or property
owner within 30 days after the Township Engineer notifies the permit
holder to complete the work by a date certain, the Township may retain
the seasonal cash security and issue a Municipal Court Summons to
the permit holder for violating this subsection. Once the work is
completed to the satisfaction of the Township Engineer, the Engineer
will authorize the return of the seasonal cash security to the permit
holder or property owner, whoever posts the seasonal cash security.
j.
Topsoil to Be Retained. The permit holder shall not take away the
top layer of arable soil for a depth of six inches, but such soil
shall be set aside for retention on the premises when the rest of
the soil has been removed, pursuant to levels and contour lines approved
by the Township Engineer or the Planning/Zoning Board of the Township
of Warren.
k.
Performance; Maintenance of Records; Erosion.
1.
In the moving of soil, when permission has been duly granted, the
permit holder shall so conduct the operation that there shall be no
declivities, pits or depressions, and in such a manner that upon completion,
the area shall be properly leveled off, cleared of debris, graded
topsoil to a depth of at least four inches and seeded to conform to
the contour lines and grades approved by the Township Engineer or
the Planning/Zoning Board of the Township of Warren.
2.
When a permit for moving soil has been granted, the permit holder
shall keep records as are necessary to show the quantities of soil
added, moved, or removed to or from the land, whichever is the case.
The records shall be maintained to allow inspection and audit by the
Township Engineer.
3.
Adequate measures shall be taken to prevent erosion or the depositing
of soil or surface runoff upon surrounding lands, including public
rights of way.
l.
Inspections. The Construction Official, Township Engineer or their
designees shall have at all times the right to inspect any property
where a permit has been issued under the provisions of this chapter.
To facilitate this right of inspection, the permit holder shall cause
sufficient grade and boundary stakes to be put in place while work
is going on or about to commence.
m.
Soil Conservation District Approval. Nothing contained herein shall
diminish any requirements of the applicant to obtain Somerset-Union
Soil Conservation District approval when required. The requirements
of this subsection are in addition to the said soil district approval
requirements.
n.
Conservation Programs. Nothing contained herein shall be construed
to affect or apply to any persons engaged in the moving of soil in
and upon lands pursuant to any government-sponsored soil conservation
program.
o.
Dangerous Conditions. No soil movement shall take place which would
result in dangerous, unsightly, unsafe, or unhealthful conditions.
Appropriate safety precautions shall be taken during all soil movement
activities.
p.
Construction Debris.
1.
All construction materials which have not been utilized during the
construction process shall be removed from the lot after construction
has been completed and before a certificate of occupancy is issued.
2.
All natural wood debris developed during the construction process
will be removed from the lot after construction has been completed
and before a certificate of occupancy is issued.
3.
Before a certificate of occupancy is issued, a construction site
will be inspected by the construction official, Township Engineer
or their designees and found to be in satisfactory condition relating
to debris removal.
q.
Time Limitation of Grading and Land Disturbance Permit; Completion
of Work. All Grading and Land Disturbance permits issued pursuant
to this subsection shall be valid for two years from the date of issue.
Upon the permit's expiration, all work being conducted pursuant thereto
will immediately cease. In the event a permit holder has not completed
the work pursuant to the permit issued, the said permit holder will
be required to reapply for a new permit within 30 days of the said
permit's expiration in accordance with the provisions of this subsection.
The reissued permit may be for less than two years. The permit holder
is required to complete all work pursuant to the terms of the permit.
Failure to complete all the said work shall be a violation of the
permit.
[Ord. No. 92-33]
a.
Permit Required. No driveway may be constructed or existing driveway
altered within an existing or future municipal street or road right-of-way
or connected thereto without first obtaining a driveway permit from
the Township Engineer for driveways constructed pursuant to a land
development approval of the Warren Township Planning Board or Board
of Adjustment or the Superintendent of Public Works for an alteration
to an existing driveway or the construction of a new driveway on an
existing road for a lot that was not approved pursuant to a land development
approval of the Warren Township Planning Board or Board of Adjustment.
b.
Conformance to Standards. All driveways shall conform to the existing
pavement cross section. All specifics and technicalities of construction
shall conform to acceptable engineering standards.
c.
Construction to Be Perpendicular to Pavement. All driveways constructed
or modified within a municipal or road right-of-way or connected thereto
shall be constructed so as to be perpendicular to the existing pavement
or as approved by the Township Engineer or the superintendent. Any
curved or angular approach of the driveway or aesthetic or topographical
reasons shall be accomplished outside of the municipal street or road
right-of-way.
d.
Minimum Driving Width. All driveways constructed or modified within
municipal streets or road right-of-way or connected thereto shall
have a minimum driving width of 10 feet (may vary with local conditions)
with a minimum radius of five feet (may vary with local conditions)
each side as they touch the municipal paved traveled way.
e.
Prevention of Soil Erosion. All driveways shall be constructed and
maintained at all times in such a manner as to prevent erosion of
the soil from them and land behind them. Water and silt shall be prevented
from running onto the municipal street or road and silt shall be prevented
from filling up gutters, catch basins, inlets, drains or culverts.
f.
Stormwater Runoff. All driveways shall be constructed so as not to
unduly concentrate, transport, or serve as a drainageway for stormwater
runoff from roofs and/or adjacent land surfaces to the road drainage
system.
g.
Drainage Interference; Extension of Driveway. All driveways within
the municipal street or road right-of-way or connected thereto shall
be constructed or altered in such a manner as not to interfere with
the drainage along the existing pavement and traveled way thereby
creating a hump or uneven driving surface on the pavement or traveled
way.
h.
Construction of Dish-Type Gutter. The construction of a properly
sized dish-type gutter will be permitted provided that the existing
municipal water flow will not be blocked, altered or changed in any
manner unless otherwise approved by the superintendent or the Township
Engineer.
i.
Replace Curb Breaks; Install Pipe or Culvert. The installation of
suitable size reinforced concrete pipe or culvert will be required
in the event that the existing flow line or ditch cannot be crossed
with a dish-type gutter. The size of the pipe or culvert shall be
determined by a New Jersey licensed professional engineer. Where the
construction of any driveway involves the breaking of existing curbing,
the break in the curbing shall be restored at the borders of the driveway,
in accordance with current Township detail specifications.
j.
Submission of Plans; Required Information. The Superintendent of
Public Works and/or Township Engineer shall require the person applying
for a driveway permit to submit plans in sufficient detail for them
to adequately review. The plans shall show as a minimum the following
information:
1.
A plot or site plan showing the driveway for at least 50 feet of
its length, and its relation to the municipal street or road.
2.
A profile of the driveway showing existing and proposed centerline
grades and elevations for at least 50 feet of its length.
3.
A plan showing the type of storm drainage to be constructed at the
driveway entrance to the municipal street or road, i.e., dish-type
gutters, grades, elevations, typical cross-sections, construction
details and any other information deemed necessary to the proper analysis
of the installation shall also be known.
k.
Permit for Newly Constructed Building. Whenever any new driveway
shall be intended to serve a building to be newly constructed or substantially
altered, application for a driveway permit shall be made in conjunction
with the application for a building permit for such building. The
Construction Official (or other designated official) shall withhold
the issuance of such building permit until such driveway permit has
been approved pursuant to this subsection.
l.
Safety Barriers Required. It shall be the duty of the applicant to
properly guard the construction of a driveway regulated under this
subsection by erecting suitable barriers, warning signs and lanterns,
in accordance with the manual on uniform traffic control, and such
applicant shall be liable for any neglect to safeguard the traveling
public.
m.
Construction Unrelated to Subsection Objectives. In the event construction
or modification of a driveway shall be such as to be unrelated to
any of the objectives of this subsection (i.e., traffic safety, visibility,
soil or pavement erosion, drainage, etc.) the Superintendent or the
Township Engineer may waive any or all of the above requirements,
provided such waiver shall be consistent with the purpose and intent
of this subsection.
n.
Any excavation or construction affecting the areas outside the right-of-way area shall be governed by the applicable provisions of subsection 15-9.2 of this chapter.
o.
Appeal Decisions. Appeals from decisions under this subsection may
be made to the Township Committee in writing within 10 days from the
date of such decision. The appeal shall be written notice to the Township
Clerk. The appellant shall be entitled to a hearing before the Township
Committee of the Township of Warren within 30 days from the date of
appeal. The Township Committee may thereafter reverse, modify or affirm
the aforesaid decision.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 92-33, 96-25 and 98-16.
[Ord. No. 02-41, § 1]
[Ord. No. 02-41, § 1]
a.
Lands to Which Section 15-10 Applies. Section 15-10 shall apply to all development in a watercourse protection area as defined in subsection 15-10.2b or to areas of special flood hazard as defined in Section 15-10A, within the jurisdiction of the Township of Warren. Except that any lot which is all or partially within a watercourse protection area and which lot was created by a subdivision for which a wetland and/or stream encroachment permit was granted by the New Jersey Department of Environmental Protection shall be exempt from obtaining a watercourse protection development permit as contained in subsection 15-10A.7. Additionally, the Township of Warren Engineer and Zoning Officer are authorized to waive the requirement for a watercourse protection permit because of topographic changes altering the natural drainage patterns which occurred since the preparation of the watercourse protection area maps described in subsection 15-10.2b. These exemptions only apply to the obtaining of the actual permit.
b.
Basis for Establishing the Watercourse Protection Areas. The watercourse
protection areas are defined in and identified in the Federal Insurance
Administration scientific and engineering report entitled "The Flood
Insurance Study for the Township of Warren," dated January 4, 2002,
with accompanying Flood Insurance Rate Maps (FIRM), also dated January
4, 2002, together with a map entitled "Flood Delineation Map," prepared
by the Township of Warren Engineering Department, dated December 15,
1988 (watercourse protection area) (consisting of 120 sheets). In
instances where the maps are not sufficiently detailed or do not coincide,
the more restrictive map shall control.
[1]
Editor's Note: Former § 15-10A, Flood Damage Prevention,
was repealed 4-20-2023 by Ord. No. 23-07. Prior ordinance history
includes portions of Ordinance No. 01-34 and Ord. No. 07-65.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
Title. These regulations, in combination with the flood provisions
of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter
"Uniform Construction Code," consisting of the Building Code, Residential
Code, Rehabilitation Subcode, and related codes, and the New Jersey
Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13,
shall be known as the "Floodplain Management Regulations of the Township
of Warren" (hereinafter "these regulations").
b.
Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in § 15-10A.2 of these regulations.
c.
Purposes and Objectives. The purposes and objectives of these regulations
are to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific
flood hazard areas through the establishment of comprehensive regulations
for management of flood hazard areas, designed to:
1.
Protect human life and health.
2.
Prevent unnecessary disruption of commerce, access, and public service
during times of flooding.
3.
Manage the alteration of natural floodplains, stream channels and
shorelines.
4.
Manage filling, grading, dredging and other development which may
increase flood damage or erosion potential.
5.
Prevent or regulate the construction of flood barriers which will
divert floodwater or increase flood hazards.
6.
Contribute to improved construction techniques in the floodplain.
7.
Minimize damage to public and private facilities and utilities.
8.
Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas.
9.
Minimize the need for rescue and relief efforts associated with flooding.
10.
Ensure that property owners, occupants, and potential owners
are aware of property located in flood hazard areas.
11.
Minimize the need for future expenditure of public funds for
flood-control projects and response to and recovery from flood events.
12.
Meet the requirements of the National Flood Insurance Program
for community participation set forth in Title 44 Code of Federal
Regulations, Section 59.22.
d.
Coordination with Building Codes. Pursuant to the requirement established
in N.J.A.C. 5:23, the Uniform Construction Code, that the Township
of Warren administer and enforce the state building codes, the Township
Committee of the Township of Warren does hereby acknowledge that the
Uniform Construction Code contains certain provisions that apply to
the design and construction of buildings and structures in flood hazard
areas. Therefore, these regulations are intended to be administered
and enforced in conjunction with the Uniform Construction Code.
e.
Ordinary Building Maintenance and Minor Work. Improvements defined
as ordinary building maintenance and minor work projects by the Uniform
Construction Code, including nonstructural replacement-in-kind of
windows, doors, cabinets, plumbing fixtures, decks, walls, partitions,
new flooring materials, roofing, etc., shall be evaluated by the Floodplain
Administrator through the floodplain development permit to ensure
compliance with the substantial damage and substantial improvement
section § 15-10A.30 of this section.
f.
Warning. The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. Enforcement
of these regulations does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage.
g.
Other laws. The provisions of these regulations shall not be deemed
to nullify any provisions of local, state, or federal law.
h.
Violations and Penalties for Noncompliance.
1.
General.
(a)
No structure or land shall hereafter be constructed, relocated
to, extended, converted, or altered without full compliance with the
terms of this section and other applicable regulations. Violation
of the provisions of this section by failure to comply with any of
its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a violation
under N.J.S.A. 40:49-5. Any person who violates this section or fails
to comply with any of its requirements shall be subject to one or
more of the following: a fine of not more than $1,250, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days.
(b)
Each day in which a violation of an ordinance exists shall be
considered to be a separate and distinct violation subject to the
imposition of a separate penalty for each day of the violation as
the court may determine except that the owner will be afforded the
opportunity to cure or abate the condition during a thirty-day period
and shall be afforded the opportunity for a hearing before the court
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if the court has not determined otherwise, or if upon
reinspection of the property, it is determined that the abatement
has not been substantially completed.
(c)
Any person who is convicted of violating an ordinance within
one year of the date of a previous violation of the same ordinance
and who was fined for the previous violation, shall be sentenced by
a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of the ordinance, but shall be calculated separately from
the fine imposed for the violation of the ordinance.
2.
Solid Waste Disposal in a Flood Hazard Area. Any person who has unlawfully
disposed of solid waste in a floodway or floodplain who fails to comply
with this section or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $2,500 or up
to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A.
40:49-5.
i.
Abrogation and Greater Restrictions. These regulations supersede
any ordinance in effect in flood hazard areas. However, these regulations
are not intended to repeal or abrogate any existing ordinances, including
land development regulations, subdivision regulations, zoning ordinances,
stormwater management regulations, or building codes. In the event
of a conflict between these regulations and any other ordinance, code,
or regulation, the more restrictive shall govern.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
General. These regulations, in conjunction with the Uniform Construction
Code, provide minimum requirements for development located in flood
hazard areas, including the subdivision of land and other developments;
site improvements and installation of utilities; placement and replacement
of manufactured homes; placement of recreational vehicles; new construction
and alterations, repair, reconstruction, rehabilitation or additions
of existing buildings and structures; substantial improvement of existing
buildings and structures, including repair of substantial damage;
installation of tanks; temporary structures and temporary or permanent
storage; Utility and Miscellaneous Group U buildings and structures;
and certain building work exempt from permit under the Uniform Construction
Code; and other buildings and development activities.
b.
Establishment of Flood Hazard Areas. The Township of Warren was accepted
for participation in the National Flood Insurance Program on January
5, 1978. The National Flood Insurance Program (NFIP) floodplain management
regulations encourage that all federal, state, and local regulations
that are more stringent than the minimum NFIP standards take precedence
in permitting decisions. The FHACA requires that the effective Flood
Insurance Rate Map, most recent preliminary FEMA mapping and flood
studies, and Department delineations be compared to determine the
most restrictive mapping. The FHACA also regulates unstudied flood
hazard areas in watersheds measuring 50 acres or greater in size and
most riparian zones in New Jersey. Because of these higher standards,
the regulated flood hazard area in New Jersey may be more expansive
and more restrictive than the FEMA special flood hazard area. Maps
and studies that establish flood hazard areas are on file at the office
of the Floodplain Administrator, Township of Warren Engineering Department,
46 Mountain Boulevard, Warren, New Jersey 07059. The following sources
identify flood hazard areas in this jurisdiction and must be considered
when determining the best available flood hazard data area:
1.
Effective Flood Insurance Study. Special flood hazard areas (SFHAs)
identified by the Federal Emergency Management Agency in a scientific
and engineering report entitled Flood Insurance Study, Somerset County,
New Jersey (All Jurisdictions), revised November 4, 2016, and the
accompanying Flood Insurance Rate Maps (FIRM) identified in Table
102.2(1) whose effective date is September 28, 2007, are hereby adopted
by reference.
|
Table 102.2(1):
| |||||
|---|---|---|---|---|---|
|
Map Panel #
|
Effective Date
|
Suffix
|
Map Panel #
|
Effective Date
|
Suffix
|
|
34035C0062
|
Sept. 28, 2007
|
E
|
34035C0088
|
Sept. 28, 2007
|
E
|
|
34035C0064
|
Sept. 28, 2007
|
E
|
34035C0089
|
Sept. 28, 2007
|
E
|
|
34035C0067
|
Sept. 28, 2007
|
E
|
34035C0152
|
Sept. 28, 2007
|
E
|
|
34035C0068
|
Sept. 28, 2007
|
E
|
34035C0156
|
Sept. 28, 2007
|
E
|
|
34035C0069
|
Sept. 28, 2007
|
E
|
34035C0157
|
Sept. 28, 2007
|
E
|
|
34035C0086
|
Sept. 28, 2007
|
E
|
34035C0159
|
Sept. 28, 2007
|
E
|
|
34035C0087
|
Sept. 28, 2007
|
E
|
34035C0176
|
Sept. 28, 2007
|
E
|
2.
Federal Best Available Information. The Township of Warren shall
utilize federal flood information as listed in the table below that
provides more detailed hazard information, higher flood elevations,
larger flood hazard areas, and results in more restrictive regulations.
This information may include, but is not limited to, preliminary flood
elevation guidance from FEMA (such as advisory flood hazard area maps,
work maps or preliminary FIS and FIRM). Additional federal best available
studies issued after the date of this section must also be considered.
These studies are listed on FEMA's Map Service Center. This information
shall be used for floodplain regulation purposes only.
|
Table 102.2(2.1)
| |
|---|---|
|
Map Panel #
|
Preliminary Date
|
|
None as of the date of this section
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Table 102.2(2.2)
| |
|---|---|
|
Preliminary FIS Report ID
|
Issue Date
|
|
None as of the date of this section
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3.
Other Best Available Data. The Township of Warren shall utilize high-water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township of Warren. Other best available information may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Subsection b1 and 2 above. This information shall be used for floodplain regulation purposes only.
4.
State Regulated Flood Hazard Areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation," as defined in § 15-10A.9 and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
|
Table 102.2(3) List of State Studied Waters:
| ||
|---|---|---|
|
Name of Studied Water
|
File Name
|
Map Number
|
|
Passaic River
|
PRM00031p
|
22A
|
|
Passaic River
|
PRM00035p
|
24A
|
|
Passaic River
|
PRM00038p
|
26A
|
|
Dead River
|
SUPPI015p
|
DR-2A
|
|
Dead River
|
SUPPI019p
|
DR-5A
|
|
Stony Bk W Branch Trib
|
C0000024
|
5
|
|
Stony Bk W Branch Trib
|
C0000025
|
4
|
|
Stony Bk W Branch
|
C0000026
|
3
|
|
Passaic Rv
|
PRM00028
|
20A
|
|
Passaic Rv
|
PRM00029
|
21
|
|
Passaic Rv
|
PRM00030
|
22
|
|
Passaic Rv
|
PRM00032
|
23
|
|
Passaic Rv
|
PRM00033
|
23A
|
|
Passaic Rv
|
PRM00034
|
24
|
|
Passaic Rv
|
PRM00036
|
25
|
|
Passaic Rv
|
PRM00037
|
26
|
|
Passaic Rv
|
PRM00039
|
27
|
|
Cory's Bk
|
SUPPI011
|
CR-1
|
|
Cory's Bk
|
SUPPI012
|
CR-2
|
|
Cory's Bk
|
SUPPI013
|
CR-3
|
|
Dead Rv
|
SUPPI014
|
DR-1
|
|
Dead Rv
|
SUPPI016
|
DR-2
|
|
Dead Rv
|
SUPPI017
|
DR-3
|
|
Dead Rv
|
SUPPI018
|
DR-4
|
|
Dead Rv
|
SUPPI020
|
DR-5
|
|
Harrison Bk
|
SUPPI024
|
HB-1
|
c.
Establishing the Local Design Flood Elevation (LDFE). The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 15-10A.2b, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this section. At a minimum, the local design flood elevation shall be as follows:
1.
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 15-10A.2b, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
2.
For any undelineated watercourse (where mapping or studies described in § 15-10A.2b1 and 2 above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
(a)
A copy of an unexpired NJDEP flood hazard area verification
plus one foot of freeboard and any additional freeboard as required
by ASCE 24; or
(b)
A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to § 15-10A.5b1(c).
3.
AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary
flood elevation guidance from FEMA), the local design flood elevation
is determined from the FIRM panel as the highest adjacent grade plus
the depth number specified plus one foot of freeboard. If no depth
number is specified, the local design flood elevation is three feet
above the highest adjacent grade.
4.
Class IV Critical Facilities. For any proposed development of new
and substantially improved flood design Class IV critical facilities,
the local design flood elevation must be the higher of the 0.2% annual
chance (500-year) flood elevation or the flood hazard area design
flood elevation with an additional two feet of freeboard in accordance
with ASCE 24.
5.
Class III Critical Facilities. For proposed development of new and
substantially improved flood design Class III critical facilities
in coastal high hazard areas, the local design flood elevation must
be the higher of the 0.2% annual chance (500-year) flood elevation
or the flood hazard area design flood elevation with an additional
one foot of freeboard in accordance with ASCE 24.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
Floodplain Administrator Designation. The Township of Warren Engineer
is designated the Floodplain Administrator. The Floodplain Administrator
shall have the authority to delegate performance of certain duties
to other employees.
b.
General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § 15-10A.7 of these regulations.
c.
Coordination. The Floodplain Administrator shall coordinate with
the Construction Official to administer and enforce the flood provisions
of the Uniform Construction Code.
d.
Duties. The duties of the Floodplain Administrator shall include,
but are not limited to:
1.
Review all permit applications to determine whether proposed development is located in flood hazard areas established in § 15-10A.2 of these regulations.
2.
Require development in flood hazard areas to be reasonably safe from
flooding and to be designed and constructed with methods, practices
and materials that minimize flood damage.
3.
Interpret flood hazard area boundaries and provide available flood
elevation and flood hazard information.
4.
Determine whether additional flood hazard data shall be obtained
or developed.
5.
Review required certifications and documentation specified by these
regulations and the building code to determine that such certifications
and documentations are complete.
6.
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 15-10A.3n of these regulations.
7.
Coordinate with the Construction Official and others to identify
and investigate damaged buildings located in flood hazard areas and
inform owners of the requirement to obtain permits for repairs.
8.
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to § 15-10A.7 of these regulations.
9.
Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data
and information necessary to maintain the Flood Insurance Rate Maps
when the analyses propose to change base flood elevations, flood hazard
area boundaries, or floodway designations; such submissions shall
be made within six months of such data becoming available.
10.
Require applicants who propose alteration of a watercourse to
notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering,
and to submit copies of such notifications to the Federal Emergency
Management Agency (FEMA).
11.
Inspect development in accordance with Section 106 of these
regulations and inspect flood hazard areas to determine if development
is undertaken without issuance of permits.
12.
Prepare comments and recommendations for consideration when applicants seek variances in accordance with § 15-10A.7 of these regulations.
13.
Cite violations in accordance with Section 108 of these regulations.
14.
Notify the Federal Emergency Management Agency when the corporate
boundaries of the Township of Warren have been modified.
e.
Use of Changed Technical Data. The Floodplain Administrator and the
applicant shall not use changed flood hazard area boundaries or base
flood elevations for proposed buildings or developments unless the
Floodplain Administrator or applicant has applied for a conditional
letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM)
revision and has received the approval of the Federal Emergency Management
Agency. A revision of the effective FIRM does not remove the related
feature(s) on a flood hazard area delineation that has been promulgated
by the NJDEP. A separate application must be made to the state pursuant
to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation,
flood hazard area limit, floodway limit, and/or other related feature.
f.
Other Permits. It shall be the responsibility of the Floodplain Administrator
to assure that approval of a proposed development shall not be given
until proof that necessary permits have been granted by federal or
state agencies having jurisdiction over such development, including
Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain
Administrator must ensure that the most restrictive floodplain management
standards are reflected in permit approvals.
[1]
Editor's Note: See 33 U.S.C.A. § 1344.
g.
Determination of Local Design Flood Elevations.
1.
If design flood elevations are not specified, the Floodplain Administrator
is authorized to require the applicant to:
(a)
Obtain, review, and reasonably utilize data available from a
federal, state, or other source; or
(b)
Determine the design flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques. Such analyses shall
be performed and sealed by a licensed professional engineer. Studies,
analyses, and computations shall be submitted in sufficient detail
to allow review and approval by the Floodplain Administrator. The
accuracy of data submitted for such determination shall be the responsibility
of the applicant.
2.
It shall be the responsibility of the Floodplain Administrator to
verify that the applicant's proposed best available flood hazard data
area and the local design flood elevation in any development permit
accurately applies the best available flood hazard data and methodologies
for determining flood hazard areas and design elevations described
in 15-10A.2 and 15-10A.3 respectively. This information shall be provided
to the Construction Official and documented according to Section 103.15.
h.
Requirement to Submit New Technical Data. Base flood elevations may
increase or decrease resulting from natural changes (e.g., erosion,
accretion, channel migration, subsidence, uplift) or man-made physical
changes (e.g., dredging, filling, excavation) affecting flooding conditions.
As soon as practicable, but not later than six months after the date
of a man-made change or when information about a natural change becomes
available, the Floodplain Administrator shall notify the Federal Insurance
Administrator of the changes by submitting technical or scientific
data in accordance with Title 44 Code of Federal Regulations (CFR)
Section 65.3. Such a submission is necessary so that upon confirmation
of those physical changes affecting flooding conditions, risk premium
rates and floodplain management requirements will be based upon current
data.
i.
Activities in Riverine Flood Hazard Areas. In riverine flood hazard
areas where design flood elevations are specified but floodways have
not been designated, the Floodplain Administrator shall not permit
any new construction, substantial improvement or other development,
including the placement of fill, unless the applicant submits an engineering
analysis prepared by a licensed professional engineer that demonstrates
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachment,
will not increase the design flood elevation more than 0.2 feet at
any point within the community.
j.
Floodway Encroachment. Prior to issuing a permit for any floodway
encroachment, including fill, new construction, substantial improvements
and other development or land-disturbing activity, the Floodplain
Administrator shall require submission of a certification prepared
by a licensed professional engineer, along with supporting technical
data, that demonstrates that such development will not cause any increase
in the base flood level.
1.
Floodway Revisions. A floodway encroachment that increases the level
of the base flood is authorized if the applicant has applied for a
conditional letter of map revision (CLOMR) to the Flood Insurance
Rate Map (FIRM) and has received the approval of FEMA.
k.
Watercourse Alteration. Prior to issuing a permit for any alteration
or relocation of any watercourse, the Floodplain Administrator shall
require the applicant to provide notification of the proposal to the
appropriate authorities of all adjacent government jurisdictions,
as well as the NJDEP Bureau of Flood Engineering and the Division
of Land Resource Protection. A copy of the notification shall be maintained
in the permit records and submitted to FEMA.
1.
Engineering Analysis. The Floodplain Administrator shall require
submission of an engineering analysis prepared by a licensed professional
engineer, demonstrating that the flood-carrying capacity of the altered
or relocated portion of the watercourse will be maintained, neither
increased nor decreased. Such watercourses shall be maintained in
a manner that preserves the channel's flood-carrying capacity.
l.
Alterations in Coastal Areas. The excavation or alteration of sand
dunes is governed by the New Jersey Coastal Zone Management (CZM)
Rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit
for any alteration of sand dunes in coastal high hazard areas and
Coastal A Zones, the Floodplain Administrator shall require that a
New Jersey CZM permit be obtained and included in the flood damage
prevention permit application. The applicant shall also provide documentation
of any engineering analysis, prepared by a licensed professional engineer
that demonstrates that the proposed alteration will not increase the
potential for flood damage.
m.
Development in Riparian Zones. All development in riparian zones
as described in N.J.A.C. 7:13 is prohibited by this section unless
the applicant has received an individual or general permit or has
complied with the requirements of a permit by rule or permit by certification
from NJDEP Division of Land Resource Protection prior to application
for a floodplain development permit and the project is compliant with
all other floodplain development provisions of this section. The width
of the riparian zone can range between 50 feet and 300 feet and is
determined by the attributes of the water body and designated in the
New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion
of the riparian zone located outside of a regulated water is measured
landward from the top of bank. Applicants can request a verification
of the riparian zone limits or a permit applicability determination
to determine state permit requirements under N.J.A.C. 7:13 from the
NJDEP Division of Land Resource Protection.
n.
Substantial Improvement and Substantial Damage Determinations. When
buildings and structures are damaged due to any cause, including,
but not limited to, man-made, structural, electrical, mechanical,
or natural hazard events, or are determined to be unsafe as described
in N.J.A.C. 5:23; and for applications for building permits to improve
buildings and structures, including alterations, movement, repair,
additions, rehabilitations, renovations, ordinary maintenance and
minor work, substantial improvements, repairs of substantial damage,
and any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Construction
Official, shall:
1.
Estimate the market value, or require the applicant to obtain a professional
appraisal prepared by a qualified independent appraiser, of the market
value of the building or structure before the start of construction
of the proposed work; in the case of repair, the market value of the
building or structure shall be the market value before the damage
occurred and before any repairs are made.
2.
Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 15-10A.2b, performed in the floodplain regulated by this section in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
3.
Compare the cost to perform the improvement, the cost to repair the
damaged building to its predamaged condition, or the combined costs
of improvements and repairs, where applicable, to the market value
of the building or structure.
4.
Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage. This determination requires
the evaluation of previous permits issued for improvements and repairs
over a period of five years prior to the permit application or substantial
damage determination as specified in the definition of substantial
improvement. This determination shall also include the evaluation
of flood-related damages over a ten-year period to determine if the
costs of repairs at the times of each flood constitutes a repetitive
loss as defined by this section.
5.
Notify the applicant, in writing, when it is determined that the
work constitutes substantial improvement or repair of substantial
damage and that compliance with the flood-resistant construction requirements
of the building code is required and notify the applicant, in writing,
when it is determined that work does not constitute substantial improvement
or repair of substantial damage. The Floodplain Administrator shall
also provide all letters documenting substantial damage and compliance
with flood-resistant construction requirements of the building code
to the NJDEP Bureau of Flood Engineering.
o.
Department Records. In addition to the requirements of the building
code and these regulations, and regardless of any limitation on the
period required for retention of public records, the Floodplain Administrator
shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of
these regulations and the flood provisions of the Uniform Construction
Code, including Flood Insurance Studies, Flood Insurance Rate Maps;
documents from FEMA that amend or revise FIRMs; NJDEP delineations,
records of issuance of permits and denial of permits; records of ordinary
maintenance and minor work, determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage;
required certifications and documentation specified by the Uniform
Construction Code and these regulations including as-built elevation
certificates; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurance that the flood-carrying
capacity of altered waterways will be maintained; documentation related
to variances, including justification for issuance or denial; and
records of enforcement actions taken pursuant to these regulations
and the flood-resistant provisions of the Uniform Construction Code.
The Floodplain Administrator shall also record the required elevation,
determination method, and base flood elevation source used to determine
the local design flood elevation in the floodplain development permit.
p.
Liability. The Floodplain Administrator and any employee charged
with the enforcement of these regulations, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by these regulations or other pertinent law or ordinance, shall not
thereby be rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of these regulations
shall be defended by legal representative of the jurisdiction until
the final termination of the proceedings. The Floodplain Administrator
and any subordinate shall not be liable for cost in any action, suit
or proceeding that is instituted in pursuance of the provisions of
these regulations.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
Permits Required. Any person, owner or authorized agent who intends
to conduct any development in a flood hazard area shall first make
application to the Floodplain Administrator and shall obtain the required
permit. Depending on the nature and extent of proposed development
that includes a building or structure, the Floodplain Administrator
may determine that a floodplain development permit or approval is
required in addition to a building permit.
b.
Application for Permit. The applicant shall file an application,
in writing, on a form furnished by the Floodplain Administrator. Such
application shall:
1.
Identify and describe the development to be covered by the permit.
2.
Describe the land on which the proposed development is to be conducted
by legal description, street address or similar description that will
readily identify and definitively locate the site.
3.
Indicate the use and occupancy for which the proposed development
is intended.
4.
Be accompanied by a site plan and construction documents as specified in § 15-10A.5 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
5.
State the valuation of the proposed work, including the valuation
of ordinary maintenance and minor work.
6.
Be signed by the applicant or the applicant's authorized agent.
c.
Validity of Permit. The issuance of a permit under these regulations
or the Uniform Construction Code shall not be construed to be a permit
for, or approval of, any violation of this appendix or any other ordinance
of the jurisdiction. The issuance of a permit based on submitted documents
and information shall not prevent the Floodplain Administrator from
requiring the correction of errors. The Floodplain Administrator is
authorized to prevent occupancy or use of a structure or site which
is in violation of these regulations or other ordinances of this jurisdiction.
d.
Expiration. A permit shall become invalid when the proposed development
is not commenced within 180 days after its issuance, or when the work
authorized is suspended or abandoned for a period of 180 days after
the work commences. Extensions shall be requested in writing and justifiable
cause demonstrated. The Floodplain Administrator is authorized to
grant, in writing, one or more extensions of time, for periods not
more than 180 days each.
e.
Suspension or Revocation. The Floodplain Administrator is authorized
to suspend or revoke a permit issued under these regulations wherever
the permit is issued in error or on the basis of incorrect, inaccurate
or incomplete information, or in violation of any ordinance or code
of this jurisdiction.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
Information for Development in Flood Hazard Areas. The site plan
or construction documents for any development subject to the requirements
of these regulations shall be drawn to scale and shall include, as
applicable to the proposed development:
1.
Delineation of flood hazard areas, floodway boundaries and flood
zone(s), base flood elevation(s), and ground elevations when necessary
for review of the proposed development. For buildings that are located
in more than one flood hazard area, the elevation and provisions associated
with the most restrictive flood hazard area shall apply.
2.
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 15-10A.5b.
3.
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with § 15-10A.5b1(c) of these regulations.
4.
Location of the proposed activity and proposed structures, and locations
of existing buildings and structures; in coastal high hazard areas
and Coastal A Zones, new buildings shall be located landward of the
reach of mean high tide.
5.
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
6.
Where the placement of fill is proposed, the amount, type, and source
of fill material; compaction specifications; a description of the
intended purpose of the fill areas; and evidence that the proposed
fill areas are the minimum necessary to achieve the intended purpose.
The applicant shall provide an engineering certification confirming
that the proposal meets the flood storage displacement limitations
of N.J.A.C. 7:13.
7.
Extent of any proposed alteration of sand dunes.
8.
Existing and proposed alignment of any proposed alteration of a watercourse.
9.
Floodproofing certifications, V Zone and breakaway wall certifications,
operations and maintenance plans, warning and evacuation plans and
other documentation required pursuant to FEMA publications.
The Floodplain Administrator is authorized to waive the submission
of site plans, construction documents, and other data that are required
by these regulations but that are not required to be prepared by a
registered design professional when it is found that the nature of
the proposed development is such that the review of such submissions
is not necessary to ascertain compliance.
b.
Information in Flood Hazard Areas Without Base Flood Elevations (Approximate
Zone A).
1.
Where flood hazard areas are delineated on the effective or preliminary
FIRM and base flood elevation data have not been provided, the applicant
shall consult with the Floodplain Administrator to determine whether
to:
(a)
Use the Approximation Method (Method 5) described in N.J.A.C.
7:13 in conjunction with Appendix 1 of the FHACA to determine the
required flood elevation.
(b)
Obtain, review, and reasonably utilize data available from a
federal, state or other source when those data are deemed acceptable
to the Floodplain Administrator to reasonably reflect flooding conditions.
(c)
Determine the base flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques according to Method
six as described in N.J.A.C. 7:13. Such analyses shall be performed
and sealed by a licensed professional engineer.
2.
Studies, analyses, and computations shall be submitted in sufficient
detail to allow review and approval by the Floodplain Administrator
prior to floodplain development permit issuance. The accuracy of data
submitted for such determination shall be the responsibility of the
applicant. Where the data are to be used to support a letter of map
change (LOMC) from FEMA, the applicant shall be responsible for satisfying
the submittal requirements and pay the processing fees.
c.
Analyses and Certifications by a Licensed Professional Engineer.
As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a
licensed professional engineer for submission with the site plan and
construction documents:
1.
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in § 15-10A.5d of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
2.
For development activities proposed to be located in a riverine flood
hazard area where base flood elevations are included in the FIS or
FIRM but floodways have not been designated, hydrologic and hydraulic
analyses that demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
flood hazard area encroachments will not increase the base flood elevation
more than 0.2 feet at any point within the jurisdiction. This requirement
does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or
Zone AH.
3.
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 15-10A.5d of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
4.
For analyses performed using Methods 5 and 6 (as described in N.J.A.C.
7:13) in flood hazard zones without base flood elevations (approximate
A Zones).
d.
Submission of Additional Data. When additional hydrologic, hydraulic
or other engineering data, studies, and additional analyses are submitted
to support an application, the applicant has the right to seek a letter
of map change (LOMC) from FEMA to change the base flood elevations,
change floodway boundaries, or change boundaries of flood hazard areas
shown on FIRMs, and to submit such data to FEMA for such purposes.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA. Submittal requirements and processing
fees shall be the responsibility of the applicant.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
General. Development for which a permit is required shall be subject
to inspection. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of these
regulations or the building code. Inspections presuming to give authority
to violate or cancel the provisions of these regulations or the building
code or other ordinances shall not be valid.
b.
Inspections of Development. The Floodplain Administrator shall inspect
all development in flood hazard areas authorized by issuance of permits
under these regulations. The Floodplain Administrator shall inspect
flood hazard areas from time to time to determine if development is
undertaken without issuance of a permit.
c.
Buildings and Structures. The Construction Official shall make or
cause to be made, inspections for buildings and structures in flood
hazard areas authorized by permit in accordance with the Uniform Construction
Code, N.J.A.C. 5:23.
1.
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 15-10A.15b shall be submitted to the Construction Official on an elevation certificate.
2.
Lowest Horizontal Structural Member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 15-10A.15b shall be submitted to the Construction Official on an elevation certificate.
3.
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in § 15-10A.15b.
4.
Final Inspection. Prior to the final inspection, certification of the elevation required in § 15-10A.15b shall be submitted to the Construction Official on an elevation certificate.
d.
Manufactured Homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine
compliance with the requirements of these regulations and the conditions
of the issued permit. Upon placement of a manufactured home, certification
of the elevation of the lowest floor shall be submitted on an elevation
certificate to the Floodplain Administrator prior to the final inspection.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
General. The Warren Township Board of Adjustment shall hear and decide requests for variances. The Warren Township Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § 15-10A.7e, the conditions of issuance set forth in § 15-10A.7f, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Warren Township Board of Adjustment has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
b.
Historic Structures. A variance to the substantial improvement requirements
of this section is authorized, provided that the repair or rehabilitation
of an historic structure is completed according to N.J.A.C. 5:23-6.33,
Section 1612 of the International Building Code and R322 of the International
Residential Code, the repair or rehabilitation will not preclude the
structure's continued designation as an historic structure, the structure
meets the definition of the historic structure as described by this
section, and the variance is the minimum necessary to preserve the
historic character and design of the structure.
c.
Functionally Dependent Uses. A variance is authorized to be issued
for the construction or substantial improvement necessary for the
conduct of a functionally dependent use, provided the variance is
the minimum necessary to allow the construction or substantial improvement,
and that all due consideration has been given to use of methods and
materials that minimize flood damage during the base flood and create
no additional threats to public safety.
d.
Restrictions in Floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in § 15-10A.5c1 of these regulations.
e.
Considerations. In reviewing requests for variances, all technical
evaluations, all relevant factors, all other portions of these regulations,
and the following shall be considered:
1.
The danger that materials and debris may be swept onto other lands
resulting in further injury or damage.
2.
The danger to life and property due to flooding or erosion damage.
3.
The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners.
4.
The importance of the services provided by the proposed development
to the community.
5.
The availability of alternate locations for the proposed development
that are not subject to flooding or erosion and the necessity of a
waterfront location, where applicable.
6.
The compatibility of the proposed development with existing and anticipated
development.
7.
The relationship of the proposed development to the comprehensive
plan and floodplain management program for that area.
8.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
9.
The expected heights, velocity, duration, rate of rise and debris
and sediment transport of the floodwater and the effects of wave action,
where applicable, expected at the site.
10.
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities, such as sewer, gas, electrical and water systems,
streets, and bridges.
f.
Conditions for Issuance. Variances shall only be issued upon:
1.
Submission by the applicant of a showing of good and sufficient cause
that the unique characteristics of the size, configuration or topography
of the site limit compliance with any provision of these regulations
or renders the elevation standards of the building code inappropriate.
2.
A determination that failure to grant the variance would result in
exceptional hardship due to the physical characteristics of the land
that render the lot undevelopable.
3.
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, nor create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
4.
A determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
5.
Notification to the applicant, in writing, over the signature of
the Floodplain Administrator that the issuance of a variance to construct
a structure below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage, and that such construction below the base flood
level increases risks to life and property.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
Violations. Any development in any flood hazard area that is being
performed without an issued permit or that is in conflict with an
issued permit shall be deemed a violation. A building or structure
without the documentation of elevation of the lowest floor, the lowest
horizontal structural member if in a V or Coastal A Zone, other required
design certifications, or other evidence of compliance required by
the building code is presumed to be a violation until such time as
that documentation is provided.
b.
Authority. The Floodplain Administrator is authorized to serve notices
of violation or stop-work orders to owners of property involved, to
the owner's agent, or to the person or persons doing the work for
development that is not within the scope of the Uniform Construction
Code, but is regulated by these regulations and that is determined
to be a violation.
c.
Unlawful Continuance. Any person who shall continue any work after
having been served with a notice of violation or a stop-work order,
except such work as that person is directed to perform to remove or
remedy a violation or unsafe condition, shall be subject to penalties
as prescribed by N.J.S.A. 40:49-5 as appropriate.
d.
Review Period to Correct Violations. A thirty-day period shall be
given to the property owner as an opportunity to cure or abate the
condition. The property owner shall also be afforded an opportunity
for a hearing before the court for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period,
a fine greater than $1,250 may be imposed if a court has not determined
otherwise or, upon reinspection of the property, it is determined
that the abatement has not been substantially completed.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
General. The following words and terms shall, for the purposes of
these regulations, have the meanings shown herein. Other terms are
defined in the Uniform Construction Code, N.J.A.C. 5:23, and terms
are defined where used in the International Residential Code and International
Building Code (rather than in the definitions section). Where terms
are not defined, such terms shall have ordinarily accepted meanings
such as the context implies.
b.
100-YEAR FLOOD ELEVATION
500-YEAR FLOOD ELEVATION
A ZONES
ACCESSORY STRUCTURE
AGRICULTURAL STRUCTURE
AH ZONES
ALTERATION OF A WATERCOURSE
AO ZONES
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
ASCE 7
ASCE 24
BASE FLOOD ELEVATION (BFE)
BASEMENT
BEST AVAILABLE FLOOD HAZARD DATA
BEST AVAILABLE FLOOD HAZARD DATA AREA
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
BREAKAWAY WALLS
BUILDING
CONDITIONAL LETTER OF MAP REVISION
CONDITIONAL LETTER OF MAP REVISION - FILL
CRITICAL BUILDING
1.
2.
DEVELOPMENT
DRY FLOODPROOFING
ELEVATED BUILDING
ELEVATION CERTIFICATE
ENCROACHMENT
FEMA PUBLICATIONS
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
1.
(a)
(b)
(c)
2.
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN OR FLOOD PRONE AREA
FLOODPROOFING
FLOODPROOFING CERTIFICATE
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HABITABLE BUILDING
HARDSHIP
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
1.
2.
3.
4.
LAWFULLY EXISTING
1.
2.
LETTER OF MAP AMENDMENT
LETTER OF MAP CHANGE
LETTER OF MAP REVISION
LETTER OF MAP REVISION - FILL
LICENSED DESIGN PROFESSIONAL
LICENSED PROFESSIONAL ENGINEER
LOCAL DESIGN FLOOD ELEVATION (LDFE)
LOWEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
NEW CONSTRUCTION
NONRESIDENTIAL
ORDINARY MAINTENANCE AND MINOR WORK
RECREATIONAL VEHICLE
REPETITIVE LOSS
RESIDENTIAL
1.
2.
3.
SOLID WASTE DISPOSAL
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
1.
2.
3.
4.
5.
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
1.
2.
THIRTY-DAY PERIOD
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
WATERCOURSE
WET FLOODPROOFING
Definitions.
Elevation of flooding having a 1%-annual chance of being
equaled or exceeded in a given year which is also referred to as the
"base flood elevation."
Elevation of flooding having a 0.2%-annual chance of being
equaled or exceeded in a given year.
Areas of special flood hazard in which the elevation of the
surface water resulting from a flood that has a 1% annual chance of
equaling or exceeding the base flood elevation (BFE) in any given
year shown on the Flood Insurance Rate Map (FIRM) Zones A, AE, AH,
A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in
reference to the development of a structure in this section, A Zones
are not inclusive of Coastal A Zones because of the higher building
code requirements for Coastal A Zones.
Accessory structures are also referred to as "appurtenant
structures." An accessory structure is a structure which is on the
same parcel of property as a principal structure and the use of which
is incidental to the use of the principal structure. For example,
a residential structure may have a detached garage or storage shed
for garden tools as accessory structures. Other examples of accessory
structures include gazebos, picnic pavilions, boathouses, small pole
barns, storage sheds, and similar buildings.
A structure used solely for agricultural purposes in which
the use is exclusively in connection with the production, harvesting,
storage, drying, or raising of agricultural commodities, including
the raising of livestock. Communities must require that new construction
or substantial improvements of agricultural structures be elevated
or floodproofed to or above the base flood elevation (BFE) as any
other nonresidential building. Under some circumstances it may be
appropriate to wet floodproof certain types of agricultural structures
when located in wide, expansive floodplains through issuance of a
variance. This should only be done for structures used for temporary
storage of equipment or crops or temporary shelter for livestock and
only in circumstances where it can be demonstrated that agricultural
structures can be designed in such a manner that results in minimal
damage to the structure and its contents and will create no additional
threats to public safety. New construction or substantial improvement
of livestock confinement buildings, poultry houses, dairy operations,
similar livestock operations and any structure that represents more
than a minimal investment must meet the elevation or dry-floodproofing
requirements of 44 CFR 60.3(c)(3).
Areas subject to inundation by 1% annual chance shallow flooding
(usually areas of ponding) where average depths are between one foot
and three feet. Base flood elevations (BFEs) derived from detailed
hydraulic analyses are shown in this zone.
A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification
which may alter, impede, retard or change the direction and/or velocity
of the riverine flow of water during conditions of the base flood.
Areas subject to inundation by 1% annual chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one foot and three feet.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one foot to three feet where a
clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
See "special flood hazard area."
The Standard for the Minimum Design Loads for Buildings and
Other Structures, referenced by the building code and developed and
published by the American Society of Civil Engineers, Reston, VA,
which includes but is not limited to methodology and equations necessary
for determining structural and flood-related design requirements and
determining the design requirements for structures that may experience
a combination of loads, including those from natural hazards. Flood
related equations include those for determining erosion, scour, lateral,
vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and
debris impact.
The Standard for Flood-Resistant Design and Construction,
referenced by the building code and developed and published by the
American Society of Civil Engineers, Reston, VA. References to ASCE
24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted
in the UCC Code (N.J.A.C. 5:23).
The water surface elevation resulting from a flood that has
a 1% or greater chance of being equaled or exceeded in any given year,
as shown on a published Flood Insurance Study (FIS), or preliminary
flood elevation guidance from FEMA. May also be referred to as the
"100-year flood elevation."
Any area of the building having its floor subgrade (below
ground level) on all sides.
The most recent available preliminary flood risk guidance
FEMA has provided. The best available flood hazard data may be depicted
on, but not limited to, advisory flood hazard area maps, work maps,
or preliminary FIS and FIRM.
The areal mapped extent associated with the most recent available
preliminary flood risk guidance FEMA has provided. The best available
flood hazard data may be depicted on, but not limited to, advisory
flood hazard area maps, work maps, or preliminary FIS and FIRM.
The most recent available preliminary flood elevation guidance
FEMA has provided. The best available flood hazard data may be depicted
on, but not limited to, advisory flood hazard area maps, work maps,
or preliminary FIS and FIRM.
Any type of wall subject to flooding that is not required
to provide structural support to a building or other structure and
that is designed and constructed such that, below the local design
flood elevation, it will collapse under specific lateral loads such
that: 1) it allows the free passage of floodwaters, and 2) it does
not damage the structure or supporting foundation system. Certification
in the V Zone certificate of the design, plans, and specifications
by a licensed design professional that these walls are in accordance
with accepted standards of practice is required as part of the permit
application for new and substantially improved V Zone and Coastal
A Zone structures. A completed certification must be submitted at
permit application.
Per the FHACA, "building" means a structure enclosed with
exterior walls or fire walls, erected and framed of component structural
parts, designed for the housing, shelter, enclosure, and support of
individuals, animals, or property of any kind. A building may have
a temporary or permanent foundation. A building that is intended for
regular human occupation and/or residence is considered a habitable
building.
A conditional letter of map revision (CLOMR) is FEMA's comment
on a proposed project that would, upon construction, affect the hydrologic
or hydraulic characteristics of a flooding source and thus result
in the modification of the existing regulatory floodway, the effective
base flood elevations (BFEs), or the special flood hazard area (SFHA).
The letter does not revise an effective NFIP map, it indicates whether
the project, if built as proposed, would be recognized by FEMA. FEMA
charges a fee for processing a CLOMR to recover the costs associated
with the review that is described in the letter of map change (LOMC)
process. Building permits cannot be issued based on a CLOMR, because
a CLOMR does not change the NFIP map.
A conditional letter of map revision - fill (CLOMR-F) is
FEMA's comment on a proposed project involving the placement of fill
outside of the regulatory floodway that would, upon construction,
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The letter does not revise an effective NFIP map, it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Building permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
Per the FHACA, "Critical Building" means that:
It is essential to maintaining continuity of vital government
operations and/or supporting emergency response, sheltering, and medical
care functions before, during, and after a flood, such as a hospital,
medical clinic, police station, fire station, emergency response center,
or public shelter; or
It serves large numbers of people who may be unable to leave
the facility through their own efforts, thereby hindering or preventing
safe evacuation of the building during a flood event, such as a school,
college, dormitory, jail or detention facility, day-care center, assisted-living
facility, or nursing home.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, tanks,
temporary structures, temporary or permanent storage of materials,
mining, dredging, filling, grading, paving, excavations, drilling
operations and other land-disturbing activities.
A combination of measures that results in a nonresidential
structure, including the attendant utilities and equipment as described
in the latest version of ASCE 24, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
A building that has no basement and that has its lowest elevated
floor raised above ground level by foundation walls, shear walls,
posts, piers, pilings, or columns. Solid perimeter foundations walls
are not an acceptable means of elevating buildings in V and VE Zones.
An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine
the proper insurance premium rate, and to support an application for
a letter of map amendment (LOMA) or letter of map revision based on
fill (LOMR-F).
The placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or
alter the flow capacity of riverine flood hazard areas.
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include,
but are not limited to, technical bulletins, desk references, and
American Society of Civil Engineers Standards documents, including
ASCE 24.
Per the FHACA, the peak water surface elevation that will
occur in a water during the flood hazard area design flood. This elevation
is determined via available flood mapping adopted by the state, flood
mapping published by FEMA (including effective flood mapping dated
on or after January 31, 1980, or any more recent advisory, preliminary,
or pending flood mapping; whichever results in higher flood elevations,
wider floodway limits, greater flow rates, or indicates a change from
an A Zone to a V Zone or Coastal A Zone), approximation, or calculation
pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1
to 7:13-3.6 and is typically higher than FEMA's base flood elevation.
A water that has a drainage area measuring less than 50 acres does
not possess, and is not assigned, a flood hazard area design flood
elevation.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding
as defined in Subsection 1(b) of this definition and are akin to a
river or liquid and flowing mud on the surfaces of normally dry land
areas, as when earth is carried by a current of water and deposited
along the path of the current.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high-water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in paragraph 1(a) of this definition.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any land area susceptible to being inundated by water from
any source. See "flood or flooding."
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
Certification by a licensed design professional that the
design and methods of construction for floodproofing a nonresidential
structure are in accordance with accepted standards of practice to
a proposed height above the structure's lowest adjacent grade that
meets or exceeds the local design flood elevation. A completed floodproofing
certificate is required at permit application.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only
docking facilities, port facilities necessary for the loading or unloading
of cargo or passengers, and shipbuilding and ship repair facilities.
The term does not include long-term storage or related manufacturing
facilities.
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building
that is intended for regular human occupation and/or residence. Examples
of a habitable building include a single-family home, duplex, multiresidence
building, or critical building; a commercial building such as a retail
store, restaurant, office building, or gymnasium; an accessory structure
that is regularly occupied, such as a garage, barn, or workshop; mobile
and manufactured homes, and trailers intended for human residence,
which are set on a foundation and/or connected to utilities, such
as in a mobile home park (not including campers and recreational vehicles);
and any other building that is regularly occupied, such as a house
of worship, community center, or meeting hall, or animal shelter that
includes regular human access and occupation. Examples of a nonhabitable
building include a bus stop shelter, utility building, storage shed,
self-storage unit, construction trailer, or an individual shelter
for animals such as a doghouse or outdoor kennel.
As related to § 15-10A.7 of this section, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Warren Township Board of Adjustment requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Per the FHACA, means an existing fill, structure and/or use,
which meets all federal, state, and local laws, and which is not in
violation of the FHACA because it was established:
Prior to January 31, 1980; or
On or after January 31, 1980, in accordance with the requirements
of the FHACA as it existed at the time the fill, structure and/or
use was established.
|
Note: Substantially damaged properties and substantially improved
properties that have not been elevated are not considered "lawfully
existing" for the purposes of the NFIP. This definition is included
in this section to clarify the applicability of any more stringent
statewide floodplain management standards required under the FHACA.
|
A letter of map amendment (LOMA) is an official amendment,
by letter, to an effective National Flood Insurance Program (NFIP)
map that is requested through the letter of map change (LOMC) process.
A LOMA establishes a property's location in relation to the special
flood hazard area (SFHA). LOMAs are usually issued because a property
has been inadvertently mapped as being in the floodplain but is actually
on natural high ground above the base flood elevation. Because a LOMA
officially amends the effective NFIP map, it is a public record that
the community must maintain. Any LOMA should be noted on the community's
master flood map and filed by panel number in an accessible location.
The letter of map change (LOMC) process is a service provided
by FEMA for a fee that allows the public to request a change in flood
zone designation in an area of special flood hazard on an Flood Insurance
Rate Map (FIRM). Conditional letters of map revision, conditional
letters of map revision - fill, letters of map revision, letters of
map revision-fill, and letters of map amendment are requested through
the letter of map change (LOMC) process.
A letter of map revision (LOMR) is FEMA's modification to
an effective Flood Insurance Rate Map (FIRM). Letters of map revision
are generally based on the implementation of physical measures that
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The LOMR officially revises the Flood Insurance Rate
Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and
when appropriate, includes a description of the modifications. The
LOMR is generally accompanied by an annotated copy of the affected
portions of the FIRM or FIS report. Because a LOMR officially revises
the effective NFIP map, it is a public record that the community must
maintain. Any LOMR should be noted on the community's master flood
map and filed by panel number in an accessible location.
A letter of map revision based on fill (LOMR-F) is FEMA's
modification of the special flood hazard area (SFHA) shown on the
Flood Insurance Rate Map (FIRM) based on the placement of fill outside
the existing regulatory floodway may be initiated through the letter
of map change (LOMC) Process. Because a LOMR-F officially revises
the effective Flood Insurance Rate Map (FIRM) map, it is a public
record that the community must maintain. Any LOMR-F should be noted
on the community's master flood map and filed by panel number in an
accessible location.
Licensed design professional shall refer to either a New
Jersey licensed professional engineer, licensed by the New Jersey
State Board of Professional Engineers and Land Surveyors or a New
Jersey licensed architect, licensed by the New Jersey State Board
of Architects.
A licensed professional engineer shall refer to individuals
licensed by the New Jersey State Board of Professional Engineers and
Land Surveyors.
The elevation reflective of the most recent available preliminary
flood elevation guidance FEMA has provided as depicted on, but not
limited to, advisory flood hazard area maps, work maps, or preliminary
FIS and FIRM which is also inclusive of freeboard specified by the
New Jersey Flood Hazard Area Control Act and Uniform Construction
Codes and any additional freeboard specified in a community's ordinance.
In no circumstances shall a project's LDFE be lower than a permit-specified
flood hazard area design flood elevation or a valid NJDEP flood hazard
area verification letter plus the freeboard as required in ASCE 24
and the effective FEMA base flood elevation.
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
In A Zones, the lowest floor is the top surface of the lowest
floor of the lowest enclosed area (including basement). In V Zones
and Coastal A Zones, the bottom of the lowest horizontal structural
member of a building is the lowest floor. An unfinished or flood-resistant
enclosure, usable solely for the parking of vehicles, building access
or storage in an area other than a basement is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of other applicable nonelevation design
requirements of these regulations.
A structure that is transportable in one or more sections,
eight feet or more in width and greater than 400 square feet, built
on a permanent chassis, designed for use with or without a permanent
foundation when attached to the required utilities, and constructed
to the Federal Manufactured Home Construction and Safety Standards
and rules and regulations promulgated by the U.S. Department of Housing
and Urban Development. The term also includes mobile homes, park trailers,
travel trailers and similar transportable structures that are placed
on a site for 180 consecutive days or longer.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts.
As used in these regulations, the term refers to the market value
of buildings and structures, excluding the land and other improvements
on the parcel. Market value shall be determined by one of the following
methods: 1) actual cash value (replacement cost depreciated for age
and quality of construction), 2) tax assessment value adjusted to
approximate market value by a factor provided by the property appraiser,
or 3) established by a qualified independent appraiser.
Structures for which the start of construction commenced
on or after the effective date of the first floodplain regulation
adopted by a community; includes any subsequent improvements to such
structures. New construction includes work determined to be a substantial
improvement.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
This term refers to types of work excluded from construction
permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register.
Some of these types of work must be considered in determinations of
substantial improvement and substantial damage in regulated floodplains
under 44 CFR 59.1. These types of work include, but are not limited
to, replacements of roofing, siding, interior finishes, kitchen cabinets,
plumbing fixtures and piping, HVAC and air-conditioning equipment,
exhaust fans, built-in appliances, electrical wiring, etc. Improvements
necessary to correct existing violations of state or local health,
sanitation, or code enforcement officials which are the minimum necessary
to assure safe living conditions and improvements of historic structures
as discussed in 44 CFR 59.1 shall not be included in the determination
of ordinary maintenance and minor work.
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light-duty truck,
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.
Any flood-related damage sustained by a structure on two
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event, on the average, equals
or exceeds 25% of the market value of the structure before the damage
occurred.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or nontransient
basis;
Structures, including, but not limited to, one- and two-family
dwellings, townhouses, condominiums, multifamily dwellings, apartments,
congregate residences, boardinghouses, lodging houses, rooming houses,
hotels, motels, apartment buildings, convents, monasteries, dormitories,
fraternity houses, sorority houses, vacation time-share properties;
and
Institutional facilities where people are cared for or live
on a twenty-four-hour basis in a supervised environment, including,
but not limited to, board and care facilities, assisted-living facilities,
halfway houses, group homes, congregate care facilities, social rehabilitation
facilities, alcohol and drug centers, convalescent facilities, hospitals,
nursing homes, mental hospitals, detoxification facilities, prisons,
jails, reformatories, detention centers, correctional centers, and
prerelease centers.
The storage, treatment, utilization, processing or final
disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the
storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for
a period of greater than six months as specified in N.J.A.C. 7:26
which have been discharged, deposited, injected, dumped, spilled,
leaked, or placed into any land or water such that such solid waste
may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters.
The greater of the following: 1) land in the floodplain within
a community subject to a 1% or greater chance of flooding in any given
year, shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-30, AE, A99,
or AH; 2) land and the space above that land, which lies below the
peak water surface elevation of the flood hazard area design flood
for a particular water, as determined using the methods set forth
in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13;
3) riparian buffers as determined in the New Jersey Flood Hazard Area
Control Act in N.J.A.C. 7:13. Also referred to as the "area of special
flood hazard."
The start of construction is as follows:
For other than new construction or substantial improvements,
under the Coastal Barrier Resources Act (CBRA),[1] this is the date the building permit was issued, provided
that the actual start of construction, repair, rehabilitation, addition,
placement or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction
of a building on-site, such as the pouring of a slab or footing, the
installation of piles, the construction of columns or any work beyond
the stage of excavation; or the placement of a manufactured (mobile)
home on a foundation. For a substantial improvement, actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
For the purposes of determining whether proposed construction
must meet new requirements when National Flood Insurance Program (NFIP)
maps are issued or revised and base flood elevations (BFEs) increase
or zones change, the start of construction includes substantial improvement,
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation.
Permanent construction does not include land preparation, such
as clearing, grading, and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. Such development must also be permitted
and must meet new requirements when National Flood Insurance Program
(NFIP) maps are issued or revised and base flood elevations (BFEs)
increase or zones change.
For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
For determining if new construction and substantial improvements
within the Coastal Barrier Resources System (CBRS) can obtain flood
insurance, a different definition applies.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally aboveground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure taking place over a five-year period, the cumulative
cost of which equals or exceeds 50% of the market value of the structure
before the start of construction of the improvement. The period of
accumulation for determining whether an improvement is a substantial
improvement requires a review of all improvements over a five-year
period prior to the date of any proposed improvement. This term includes
structures which have incurred substantial damage, regardless of the
actual repair work performed. This term also includes structures which
have incurred repetitive loss or substantial damage, regardless of
the actual repair work performed. The term does not, however, include
either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
The period of time prescribed by N.J.S.A. 40:49-5 in which
a property owner is afforded the opportunity to correct zoning and
solid waste disposal after a notice of violation pertaining to this
section has been issued.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
A grant of relief from the requirements of this section which
permits construction in a manner otherwise prohibited by this section
where specific enforcement would result in unnecessary hardship.
A development that is not fully compliant with these regulations
or the flood provisions of the building code. A structure or other
development without the elevation certificate, other certifications,
or other evidence of compliance required in this section is presumed
to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
Floodproofing method that relies on the use of flood-damage-resistant
materials and construction techniques in areas of a structure that
are below the local design flood elevation by intentionally allowing
them to flood. The application of wet floodproofing as a flood protection
technique under the National Flood Insurance Program (NFIP) is limited
to enclosures below elevated residential and nonresidential structures
and to accessory and agricultural structures that have been issued
variances by the community.
[1]
Editor's Note: See 16 U.S.C.A. § 3501 et seq.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
General. Any subdivision proposal, including proposals for manufactured
home parks and subdivisions, or other proposed new development in
a flood hazard area shall be reviewed to assure that:
1.
All such proposals are consistent with the need to minimize flood
damage.
2.
All public utilities and facilities, such as sewer, gas, electric
and water systems are located and constructed to minimize or eliminate
flood damage.
3.
Adequate drainage is provided to reduce exposure to flood hazards;
in Zones AH and AO, adequate drainage paths shall be provided to guide
floodwater around and away from structures.
b.
Subdivision Requirements. Where any portion of proposed subdivisions,
including manufactured home parks and subdivisions, lies within a
flood hazard area, the following shall be required:
1.
The flood hazard area, including floodways, coastal high hazard areas,
and Coastal A Zones, and base flood elevations, as appropriate, shall
be delineated on tentative subdivision plats.
2.
Residential building lots shall be provided with adequate buildable
area outside the floodway.
3.
The design criteria for utilities and facilities set forth in these
regulations and appropriate codes shall be met.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
Encroachment in Floodways. Development, land-disturbing activity, an encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with § 15-10A.5c1 of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If § 15-10A.5c1 is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with § 15-10A.15b of this section and the floodway requirements of N.J.A.C. 7:13.
b.
Sewer Facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.
c.
Water Facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
d.
Storm Drainage. Storm drainage shall be designed to convey the flow
of surface waters to minimize or eliminate damage to persons or property.
e.
Streets and Sidewalks. Streets and sidewalks shall be designed to
minimize potential for increasing or aggravating flood levels.
f.
Limitations on Placement of Fill. Subject to the limitations of these
regulations, fill shall be designed to be stable under conditions
of flooding, including rapid rise and rapid drawdown of floodwater,
prolonged inundation, and protection against flood-related erosion
and scour. In addition to these requirements, when intended to support
buildings and structures (Zone A only), fill shall comply with the
requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments
in flood hazard areas shall comply with the flood storage displacement
limitations of N.J.A.C. 7:13.
g.
Hazardous Materials. The placement or storage of any containers holding
hazardous substances in a flood hazard area is prohibited unless the
provisions of N.J.A.C. 7:13 which cover the placement of hazardous
substances and solid waste is met.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
General. All manufactured homes installed in flood hazard areas shall
be installed pursuant to the Nationally Preemptive Manufactured Home
Construction and Safety Standards Program (24 CFR 3280).
b.
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 15-10A.15b.
c.
Foundations. All new, relocated, and replacement manufactured homes,
including substantial improvement of existing manufactured homes,
shall be placed on foundations as specified by the manufacturer only
if the manufacturer's installation instructions specify that the home
has been designed for flood-resistant considerations and provides
the conditions of applicability for velocities, depths, or wave action
as required by 24 CFR Part 3285-302. The Floodplain Administrator
is authorized to determine whether the design meets or exceeds the
performance necessary based upon the proposed site location conditions
as a precondition of issuing a flood damage prevention permit. If
the Floodplain Administrator determines that the home's performance
standards will not withstand the flood loads in the proposed location,
the applicant must propose a design certified by a New Jersey licensed
design professional and in accordance with 24 CFR 3285.301(c) and
(d) which conforms with ASCE 24, the accepted standard of engineering
practice for flood-resistant design and construction.
d.
Anchoring. All new, relocated, and replacement manufactured homes
to be placed or substantially improved in a flood hazard area shall
be installed using methods and practices which minimize flood damage
and shall be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
e.
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 15-10A.15b.
f.
Protection of Mechanical Equipment and Outside Appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 15-10A.15b of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 15-10A.15b, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation, provided they conform to the provisions of NFPA 70 (National Electric Code).
[Added 4-20-2023 by Ord.
No. 23-07]
a.
Placement Prohibited. The placement of recreational vehicles shall
not be authorized in coastal high hazard areas and in floodways.
b.
Temporary Placement. Recreational vehicles in flood hazard areas
shall be fully licensed and ready for highway use and shall be placed
on a site for less than 180 consecutive days.
c.
Permanent Placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of § 15-10A.15b for habitable buildings and Section 501.3.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
Tanks. Underground and aboveground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
General Requirements for Other Development and Building Work. All
development and building work, including man-made changes to improved
or unimproved real estate for which specific provisions are not specified
in these regulations or the Uniform Construction Code (N.J.A.C. 5:23),
shall:
1.
Be located and constructed to minimize flood damage;
2.
Meet the limitations of § 15-10A.5c1 of this section when located in a regulated floodway;
3.
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to § 15-10A.2c;
5.
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to § 15-10A.2c or meet the requirements of ASCE 24, Chapter 7, which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
6.
Not exceed the flood storage displacement limitations in fluvial
flood hazard areas in accordance with N.J.A.C. 7:13; and
7.
Not exceed the impacts to frequency or depth of off-site flooding
as required by N.J.A.C. 7:13 in floodways.
b.
Requirements for Habitable Buildings and Structures.
1.
Construction and elevation in A Zones not including Coastal A Zones.
(a)
No portion of a building is located within a V Zone.
(b)
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
(c)
All new construction and substantial improvement of any habitable building (as defined in § 15-10A.9) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 15-10A.2c, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
(d)
All new construction and substantial improvements of nonresidential
structures shall:
(1)
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 15-10A.2c, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
(2)
Together with the attendant utility and sanitary facilities,
be designed so that below the local design flood elevation, the structure:
(ii)
Is constructed according to the design plans and
specifications provided at permit application and signed by a licensed
design professional, is certified by that individual in a floodproofing
certificate, and is confirmed by an elevation certificate.
(e)
All new construction and substantial improvements with fully
enclosed areas below the lowest floor shall be used solely for parking
of vehicles, building access, or storage in an area other than a basement
and which are subject to flooding. Enclosures shall:
(1)
For habitable structures, be situated at or above the adjoining
exterior grade along at least one entire exterior wall, in order to
provide positive drainage of the enclosed area in accordance with
N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which
are below grade on all sides are prohibited;
(2)
Be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters
unless the structure is nonresidential and the requirements of § 15-10A.15b1(d)ii
are met;
(4)
Have openings documented on an elevation certificate; and
(5)
Have documentation that a deed restriction has been obtained
for the lot if the enclosure is greater than six feet in height. This
deed restriction shall be recorded in the office of the County Clerk
or the Registrar of Deeds and Mortgages in which the building is located,
shall conform to the requirements in N.J.A.C.7:13, and shall be recorded
within 90 days of receiving a Flood Hazard Area Control Act permit
or prior to the start of any site disturbance (including preconstruction
earth movement, removal of vegetation and structures, or construction
of the project), whichever is sooner. Deed restrictions must explain
and disclose that:
(i)
The enclosure is likely to be inundated by floodwaters
which may result in damage and/or inconvenience.
(ii)
The depth of flooding that the enclosure would
experience to the flood hazard area design flood elevation.
(iii)
The deed restriction prohibits habitation of
the enclosure and explains that converting the enclosure into a habitable
area may subject the property owner to enforcement.
c.
Garages and Accessory Storage Structures. Garages and accessory storage
structures shall be designed and constructed in accordance with the
Uniform Construction Code.
d.
Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire-mesh fences, shall meet the requirements of § 15-10A.5c1 of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in § 15-10A.7 of this section.
e.
Retaining Walls, Sidewalks, and Driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of § 15-10A.5c1 of these regulations and N.J.A.C. 7:13.
f.
Swimming Pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 15-10A.5c1 of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
g.
Roads and Watercourse Crossings.
1.
For any railroad, roadway, or parking area proposed in a flood hazard
area, the travel surface shall be constructed at least one foot above
the Flood Hazard Area Design Elevation in accordance with N.J.A.C.
7:13.
2.
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 15-10A.5c1 of these regulations.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
Temporary Structures. Temporary structures shall be erected for a
period of less than 180 days. Temporary structures shall be anchored
to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood. Fully enclosed temporary structures shall have
flood openings that are in accordance with ASCE 24 to allow for the
automatic entry and exit of floodwaters.
b.
Temporary Storage. Temporary storage includes storage of goods and
materials for a period of less than 180 days. Stored materials shall
not include hazardous materials.
c.
Floodway Encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of § 15-10A.5c1 of these regulations.
[Added 4-20-2023 by Ord.
No. 23-07]
a.
Utility and Miscellaneous Group U. In accordance with Section 312
of the International Building Code, Utility and Miscellaneous Group
U includes buildings and structures that are accessory in character
and miscellaneous structures not classified in any specific occupancy
in the Building Code, including, but not limited to, agricultural
buildings, aircraft hangars (accessory to a one- or two-family residence),
barns, carports, communication equipment structures (gross floor area
less than 1,500 square feet), fences more than six feet (1,829 mm)
high, grain silos (accessory to a residential occupancy), livestock
shelters, private garages, retaining walls, sheds, stables, tanks
and towers.
b.
Flood Loads. Utility and Miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in § 15-10A.2c.
c.
Elevation. Utility and Miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in § 15-10A.2c and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
d.
Enclosures Below Base Flood Elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 15-10A.15b and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
e.
Flood-Damage-Resistant Materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in § 15-10A.2c.
f.
Protection of Mechanical, Plumbing, and Electrical Systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in § 15-10A.2c.
Exception: Electrical systems, equipment and components, and
heating, ventilating, air conditioning, and plumbing appliances, plumbing
fixtures, duct systems, and other service equipment shall be permitted
to be located below the local design flood elevation, provided that
they are designed and installed to prevent water from entering or
accumulating within the components and to resist hydrostatic and hydrodynamic
loads and stresses, including the effects of buoyancy, during the
occurrence of flooding to the local design flood elevation in compliance
with the flood-resistant construction requirements of ASCE 24. Electrical
wiring systems shall be permitted to be located below the local design
flood elevation, provided they conform to the provisions of NFPA 70
(National Electric Code).
[Added 8-15-2024 by Ord.
No. 24-16]
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 section is to establish minimum stormwater
management requirements and controls for "major development," as defined
herein and in the New Jersey Department of Environmental Protection
("NJDEP") Stormwater Management Regulations, (NOTE: Revised per Somerset
County Engineering Division.) N.J.A.C. 7:8-1.2.
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 Township of Warren.
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 section 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 section,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
[Added 8-15-2024 by Ord.
No. 24-16]
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 section 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 8-15-2024 by Ord.
No. 24-16]
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 8-15-2024 by Ord.
No. 24-16]
a.
Site design features identified under § 15-10B.3 above, or alternative designs in accordance with § 15-10B.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 § 15-10B.4a2 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 § 15-10B.4a1 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:
(i)
A rectangular space four and five-eighths (4.625) inches long
and one and one-half (1.5) inches wide (this option does not apply
for outfall netting facilities); or
(ii)
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 8-15-2024 by Ord.
No. 24-16]
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 8-15-2024 by Ord.
No. 24-16]
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 § 15-10B.6c 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 section.
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 section.
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 floodplains 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
man-made 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 § 15-10B.3 is 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 § 15-10B.3 of this section.
(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 on-site 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 § 15-10B.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 § 15-10B.6c1 through § 15-10B.6c6 of this section 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 8-15-2024 by Ord.
No. 24-16]
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.
https://www.njstormwater.org/maintenance_guidance.htm.
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 section 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 8-15-2024 by Ord.
No. 24-16]
[Ord. No. 06-28 § 1]
The Township Committee of the Township of Warren ("Township")
finds that riparian lands adjacent to streams, lakes, or other surface
water bodies that are appropriately vegetated provide important environmental
protection and resource management benefits. It is necessary to protect
and maintain the beneficial character of riparian areas by implementing
specifications for the establishment, protection, and maintenance
of vegetation along the surface water bodies within the jurisdiction
of the Township, consistent with the interest of landowners in making
reasonable economic use of parcels of land that include such designated
areas. The purpose of this section is to designate Riparian Buffer
Conservation Zones ("RBCZ"), and to provide for land use regulation
therein in order to protect the streams, lakes, and other surface
water bodies of the Township; to protect the water quality of watercourses,
reservoirs, lakes, and other significant water resources within the
Township; to protect the riparian and aquatic ecosystems of the Township;
and to provide for the environmentally sound use of the land resources
of the Township. The specific purposes and intent of this section
are to:
a.
Restore and maintain the chemical, physical, and biological integrity
of the water resources of the Township;
b.
Prevent excessive nutrients, sediment, and organic matter, as well
as biocides and other pollutants, from reaching surface waters by
optimizing opportunities for filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, and denitrification, which occur when
stormwater runoff is conveyed through vegetated buffers as stable,
distributed sheet flow prior to reaching receiving waters;
c.
Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna;
d.
Provide for natural organic matter (fallen leaves and twigs) and
large woody debris (fallen trees and limbs) that provide food and
habitat for small bottom dwelling organisms (insects, amphibians,
crustaceans, and small fish), which are essential to maintain the
food chain;
e.
Increase stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms;
f.
Maintain base flows in streams and moisture in wetlands;
g.
Control downstream flooding; and
h.
Conserve the natural features important to land and water resources,
e.g., headwater areas, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
[Ord. No. 06-28 § 1]
The Township is empowered to regulate land uses under the provisions
of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
which authorizes each municipality to plan and regulate land use in
order to protect public health, safety and welfare by protecting and
maintaining native vegetation in riparian areas. The Township is also
empowered to adopt and implement this section under provisions provided
by the following legislative authorities of the State of New Jersey:
a.
Water Pollution Control Act, N.J.S.A. 58:10A et seq.;
b.
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.;
c.
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.;
d.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.;
and
e.
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
[Ord. No. 06-28 § 1]
The Planning Board or Board of Adjustment or Construction
Office with all of the powers delegated, assigned, or assumed by them
according to statute or ordinance.
A person applying to the Planning Board, Board of Adjustment
or the Construction Office proposing to engage in an activity that
is regulated by the provisions of this section, and that would be
located within a regulated Riparian Buffer Conservation Zone.
Those waters, designated in the Surface Water Quality Standards
at N.J.A.C. 7:9B-1.15, which have been identified for protection from
degradation in water quality characteristics because of their clarity,
color, scenic setting, and other characteristics of aesthetic value,
exceptional ecological significance, exceptional recreational significance,
exceptional water supply significance, or exceptional fisheries resources.
Those waters not designated as Outstanding National Resource
Waters or Category One in the Surface Water Quality Standards at N.J.A.C.
7:9B-1.15 for purposes of implementing the antidegradation policies
set forth at N.J.A.C. 7:9B-1.5(d).
Shall have the meaning ascribed to this term by the Flood
Hazard Control Act (N.J.S.A. 58:16A-50 et seq.) and regulations promulgated
thereunder published at N.J.A.C. 7.13 et seq., and any supplementary
or successor legislation and regulations from time to time enacted
or promulgated.
Surface water drainage channels with definite bed and banks
in which there is not a permanent flow of water. Streams shown as
a dashed line on either the USGS topographic quadrangle maps or the
USDA County Soil Survey Maps of the most recent edition that includes
hydrography are included as intermittent streams.
Any impoundment, whether naturally occurring or created in
whole or in part by the building of structures for the retention of
surface water, excluding sedimentation control and stormwater retention/detention
basins and ponds designed for treatment of wastewater.
A stream that flows continuously throughout the year in most
years. These streams appear as a blue line on USGS topographic quadrangle
maps or on USDA County Soil Survey Maps.
An area of land or water within or adjacent to a surface water body within the municipality and designated on the Riparian Buffer Conservation Zone Map promulgated by Warren Township in accordance with subsection 15-10C.4 of this section.
A plan approved by the Township Engineer and Township Planner.
The plan shall be prepared by a landscape architect, professional
engineer or other qualified professional, and shall fully evaluate
the effects of any proposed activities and uses on any RBCZ. The plan
shall identify existing conditions, all proposed activities, and all
proposed management techniques, including any measures necessary to
offset disturbances to any affected RBCZ.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any State open waters identified
in a letter of interpretation issued by the New Jersey Department
of Environmental Protection Land Use Regulation Program shall also
be considered surface water bodies.
[Ord. No. 06-28 § 1]
a.
Riparian Buffer Conservation Zones (RBCZs) shall be delineated as
follows:
1.
In the case of Category One (C1) waters, the RBCZ shall equal the
Special Water Resource Protection Area, and shall be measured as defined
at N.J.A.C. 7:8-5.5(h). Special Water Resource Protection Areas are
established along all waters designated as C1 at N.J.A.C. 7:9B and
perennial or intermittent streams that drain into or upstream of the
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys within the associated HUC 14 drainage.
2.
For areas adjacent to surface water bodies designated Category Two
Waters for Trout Production (FW2-TP) the RBCZ shall be measured from
the defined edge of the intermittent or perennial stream, or centerline
if the bank is not defined, or lake, pond or reservoir at bank-full
flow or level, and shall extend 150 feet horizontally outward from
the perpendicular. Where steep slopes (in excess of 10%) are located
within the designated widths, the RBCZ shall be extended to include
the entire distance of this sloped area.
3.
For areas adjacent to other surface water bodies, the RBCZ shall
be measured from the top of bank of an intermittent or perennial stream,
or centerline if bank is not defined, or lake, pond or reservoir at
bank-full flow or level, and shall extend 75 feet horizontally outward
from the perpendicular. Where steep slopes (in excess of 10%) are
located within the designated widths, the RBCZ shall be extended to
include the entire distance of this sloped area.
4.
For areas adjacent to surface water bodies for which the floodway has been delineated, the RBCZ shall cover the entire floodway area, or the area described in subsection 15-10C.4a1 or 15-10C.4a2, whichever area has the greatest extent. Floodway delineations shall be based upon the State's adopted floodway delineations. However, requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection ("NJDEP") for consideration if site specific information is available.
5.
An RBCZ is an overlay to the existing zoning districts. The provisions
of the underlying district shall remain in full force, except where
the provisions of the RBCZ differ from the provisions of the underlying
district, in which case the provision which is more restrictive, and
less permissive, to a landowner or applicant shall apply. These provisions
are intended to modify the type of land use, siting of structures,
and engineering of all proposed development on parcels located within
the RBCZ. These provisions apply to land disturbances resulting from
or related to any activity or use requiring application for any of
the following permits or approvals:
Building permit
Zoning variance
Special exception
Conditional use
Subdivision/land development approval
6.
A map of the RBCZs of the entire Township, including all land and
water areas within its boundaries, which designates surface water
bodies, is authorized by this section, and, when prepared by the Township
Engineer and Township Planner, will be found at the end of this chapter
as Appendix I. Maps of the Township on which these designations have
been overlain shall be on file and maintained by the offices of the
Township Clerk. This map conforms to all applicable laws, rules and
regulations applicable to the creation, modification and promulgation
of zoning maps.
7.
It shall be the duty of the Township Engineer and the Township Planner, every second year after the adoption of this section, to propose modifications to the map delineating Riparian Buffer Conservation Zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the RBCZ Map, to record all modifications to the RBCZ Map required by decisions or appeals under subsection 15-10C.11, and by changes made by DEP in surface water classifications or floodway delineations. Floodway delineations shall be based upon the State's adopted floodway delineations. However requests for alterations to the adopted delineations can be provided to the NJDEP for consideration if site specific information is available.
8.
The applicant or designated representative shall be responsible for
the initial determination of the presence of an RBCZ on a site, and
for identifying the area on any plan submitted to the Township in
conjunction with an application for a construction permit, subdivision,
land development, or other improvement that requires plan submissions
or permits. This initial determination shall be subject to review
and approval by the Township Engineer and Township Planner, and, where
required, by NJDEP.
9.
The Township's Master Plan provides the legal basis for zoning and
land use regulation at the local level. The technical foundation for
local RBCZs in the Township may be incorporated into the Master Plan.
A technical report on the need for Riparian Buffer Conservation Zones
in the Township may be adopted as part of the Master Plan (N.J.S.A.
40:55D-28b(11)). The technical report should include the following
information:
[Ord. No. 06-28 § 1]
a.
For Category One (C1) RBCZs, permitted uses are governed by N.J.A.C.
7:8-5.5(h), unless otherwise exempt.
b.
Any other RBCZ area shall remain in a natural condition or, if in
a disturbed condition, including agricultural activities, at the time
of adoption of this section, may be restored to a natural condition.
There shall be no clearing or cutting of trees and brush, except for
removal of dead vegetation and pruning for reasons of public safety
or for the replacement of invasive species with indigenous species,
altering of watercourses, dumping of trash, soil, dirt, fill, vegetative
or other debris, regrading or construction. The following uses are
permitted either by right or after review and approval by the municipality
in RBCZs.
c.
No new construction, development, use, activity, encroachment, or
structure shall take place in an RBCZ, except as specifically authorized
in this subsection. The following uses shall be permitted within a
RBCZ:
1.
Open space uses that are primarily passive in character shall be
permitted by right to extend into an RBCZ, provided near stream vegetation
is preserved.
2.
Uses that do not require approval by the Zoning Officer or compliance
with an approved RBCZ Management Plan, include but are not limited
to: wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, game farms, fish hatcheries and fishing reserves, operated
for the protection and propagation of wildlife, but excluding structures,
and passive recreation areas of public and private parklands, including
unpaved hiking, bicycle and bridle trails, provided that said trail
have been stabilized with pervious materials. Fences, for which a
permit has been issued by the Construction Code Office, to the extent
required by applicable law, rule or regulation, are permitted.
3.
Crossings by farm vehicles and livestock, recreational trails, roads,
railroads, stormwater lines, sanitary sewer lines, water lines and
public utility transmission lines, provided that the land disturbance
is the minimum required to accomplish the permitted use, shall be
permitted, subject to approval by the Zoning Officer, provided that
any applicable State permits are acquired, and provided that any disturbance
is offset by buffer improvements in compliance with an approved RBCZ
Management Plan.
4.
Stream bank stabilization or riparian reforestation, which conform
to the guidelines of an approved RBCZ Management Plan, or wetlands
mitigation projects that have been approved by the NJDEP, are permitted
to extend into an RBCZ, subject to approval by the Zoning Officer
and subject to compliance with an approved RBCZ Management Plan.
[Ord. No. 06-28 § 1]
a.
All encroachments proposed into Category One (C1) RBCZs shall comply
with the requirements at N.J.A.C. 7:8-5.5(h) and shall be subject
to review and approval by the NJDEP. For all other RBCZs, the following
conditions shall apply:
1.
All new major and minor subdivisions and site plans shall be designed
to provide sufficient areas outside of the RBCZ to accommodate primary
structures, and normal accessory uses appurtenant thereto, as well
as all planned lawn areas.
2.
Portions of lots within the RBCZ must be permanently restricted by
deed or conservation easement, which restrictive document is to be
prepared and approved by the Warren Township Attorney, held by the
Township to prevent clearing of vegetation within the RBCZ. A complete
copy of the recorded conservation restriction that clearly identifies
the deed book and pages where it has been recorded in the County Clerk's
office must be submitted to the Township. The applicant shall not
commence with the project or activity prior to making this submittal
and receiving actual approval of the plan modification and receipt
of any applicable permits from the NJDEP. The recorded conservation
restriction shall run with the land and be binding upon the property
owner and the successors in interest in the property or in any part
thereof. The conservation restriction may include language reserving
the right to make de minimus changes to accommodate necessary regulatory
approvals upon the written consent of the Township, provided such
changes are otherwise consistent with this chapter. The recorded conservation
restriction shall, at a minimum, include:
(a)
A written narrative of the authorized regulated activity, date
of issuance, and date of expiration, and the conservation restriction
that, in addition, includes all of the prohibitions set forth at N.J.S.A.
13:8B-2b(1) through (7);
(b)
Survey plans for the property as a whole and, where applicable,
for any additional properties subject to the conservation restrictions.
Such survey plans shall be submitted on the surveyor's letterhead,
signed and sealed by the surveyor, and shall include metes and bounds
descriptions of the property, the site, and the areas subject to the
conservation restriction in New Jersey State Plane Coordinates, North
American Datum 1983, and shall depict the boundaries of the site and
all areas subject to the conservation restriction as marked with flags
or stakes on site. All such survey plans shall be submitted on paper
and in digital CAD or GIS file on a media and format required by the
Township Engineer. The flags or stakes shall be numbered and identified
on the survey plan; and
(c)
A copy or copies of deeds for the property as a whole that indicate
the deed book and pages where it has been recorded in the County Clerk's
office.
3.
Any lands proposed for development which include all or a portion of an RBCZ shall, as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the RBCZ which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native tree and plant species in accordance with an approved Riparian Buffer Conservation Zone Management Plan, described in subsection 15-10C.10.
4.
Minimum front, side, and rear setbacks required for building lots
which exist as of the date of adoption of this section,[1] but have not obtained a building permit, may extend into
the RBCZ, provided that a deed restriction or conservation easement
is applied which prohibits clearing or construction in the RBCZ.
5.
All stormwater shall be discharged outside of but may flow through
an RBCZ and shall comply with the Standard For Off-Site Stability
in the "Standards for Soil Erosion and Sediment Control in New Jersey,"
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. (see N.J.A.C. 2:90-1.3.).
6.
If stormwater discharged outside of and flowing through an RBCZ cannot comply with the Standard For Off-Site Stability cited in subsection 15-10C.6a5, then the stabilization measures in accordance with the requirements of the above standards may be placed within the RBCZ, provided that:
(a)
Stabilization measures shall not be placed closer than 50 feet
from the top of the bank at bank full flow or level of other surface
water bodies;
(b)
The encroachment shall only be allowed where the applicant demonstrates
that the functional value and overall conditions of the RBCZ will
be maintained to the maximum extent practicable;
(c)
A conceptual project design meeting shall be held with the appropriate
municipal staff and Soil Conservation District staff to identify necessary
stabilization measures; and
(d)
All encroachments proposed under this section shall be subject
to review and approval by the Administrative Authority.
[Ord. No. 06-28 § 1]
Nonconforming structures and uses of land within the RBCZ are
subject to the following requirements:
a.
Legally existing but nonconforming structures or uses may be continued.
b.
Any proposed enlargement or expansion of the building footprint within
a Category One (C1) RBCZ shall comply with the standards in N.J.A.C.
7:8-5.5(h).
c.
For all other RBCZs:
1.
The existing building footprint or uses shall not be expanded or
enlarged.
2.
Discontinued nonconforming uses may be resumed any time within one
year from such discontinuance but not thereafter when showing clear
indications of abandonment.
3.
No change or resumption shall be permitted that is more detrimental to the RBCZ, as measured against the intent and purpose under subsection 15-10C.1, than the existing or former nonconforming use. This one year time frame shall not apply to agricultural uses that are following prescribed Best Management Practices for crop rotation; however, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this section.[1]
[Ord. No. 06-28 § 1]
a.
Any use within a Category One (CI) RBCZ shall comply with the standards
in N.J.A.C. 7:8-5.5(h).
b.
For other RBCZs, any use or activity not specifically authorized in subsection 15-10C.5 or subsection 15-10C.7 shall be prohibited within the RBCZ. By way of example, the following activities and facilities are prohibited:
1.
Removal or clear-cutting of trees and other vegetation or soil disturbance
such as grading.
2.
Storage of any hazardous or noxious materials.
3.
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Soil Conservation District.
5.
Motor or wheeled vehicle traffic in any area, except as permitted
by this section.
6.
Parking lots.
7.
Any type of permanent structure, except structures needed for a use permitted by subsection 15-10C.5.
8.
New subsurface sewage disposal areas.
9.
Residential grounds or lawns, except as otherwise permitted pursuant
to this section.
[Ord. No. 06-28 § 1]
a.
For Category One (C1) RBCZs, requests for exemptions must be authorized
by the DEP.
b.
For other RBCZs, hardship variances may be granted by the Zoning
Board of Adjustment in cases of a preexisting lot (existing at the
time of adoption of this section), when there is insufficient room
outside the RBCZ for uses permitted by the underlying zoning and there
is no other reasonable or prudent alternative to placement in the
RBCZ, including obtaining variances from setback or other requirements
that would allow conformance with the RBCZ requirements, and provided
the following demonstrations are made:
1.
An applicant shall be deemed to have established the existence of
an extreme economic hardship, as distinguished from mere inconvenience,
if the subject property is not capable of yielding a reasonable economic
return if its present use is continued or if it is developed in accordance
with provisions of this section and that this inability to yield a
reasonable economic return results from unique circumstances peculiar
to the subject property which:
(a)
Do not apply to or affect other property in the immediate vicinity;
(b)
Relate to or arise out of the characteristics of the subject
property because of the particular physical surroundings, shape or
topographical conditions of the property involved, rather than the
personal situations of the applicant; and
(c)
Are not the result of any action or inaction by the applicant
or the owner or his predecessors in title. The necessity of acquiring
additional land to locate development outside the RBCZ shall not be
considered an economic hardship unless the applicant can demonstrate
that there is no adjacent land that is reasonably available.
2.
An applicant shall be deemed to have established compelling public
need if the applicant demonstrates, based on specific facts, that:
3.
A variance can only be granted if it is shown that the activity will
not be materially detrimental or injurious to other property or improvements
in the area in which the subject property is located and will not
endanger public safety; and the exception granted is the minimum relief
necessary to relieve the hardship.
4.
If the above demonstrations are made, then the encroachment of impervious
surfaces (structures or pavement) otherwise permitted by the underlying
zoning is permitted to the extent of 750 square feet total. Said encroachment
is not permitted closer than 100 feet from the top of the bank at
bank-full flow or level of Category Two Waters for Trout Production
(FW2-TP), or closer than 50 feet from the top of the bank at bank-full
flow or level of other surface water bodies.
5.
If such an exception is granted, the applicant shall rehabilitate
an environmentally degraded RBCZ area within or adjacent to the same
site, and at least equivalent in size to the RBCZ reduction permitted,
or, if not possible, rehabilitate or expand an RBCZ area at least
equivalent in size within a nearby site and, if available, within
the same watershed. Rehabilitation shall include reforestation, stream
bank stabilization and removal of debris, in accordance with an RBCZ
Management Plan.
[Ord. No. 06-28 § 1]
a.
Within any RBCZ, no construction, development, use, activity, or
encroachment shall be permitted unless the effects of such development
are accompanied by preparation, approval, and implementation of a
Riparian Buffer Conservation Zone Management Plan.
b.
The landowner, applicant, or developer shall submit to the Township
Engineer and Township Planner as a completeness item a Riparian Buffer
Conservation Zone Management Plan prepared by an environmental professional,
professional engineer or other qualified professional which fully
evaluates the effects of any proposed uses of the RBCZ. The Riparian
Buffer Conservation Zone Management Plan shall identify the existing
conditions including:
1.
Existing vegetation;
2.
Field delineated surface water bodies;
3.
Field delineated wetlands;
4.
The 100-year floodplain;
5.
Flood hazard areas, including floodway and flood fringe areas, as
delineated by the DEP;
6.
Soil classifications as found on soil surveys;
7.
Existing subdrainage areas of site with HUC-14 (Hydrologic Unit Code)
designations; and
8.
Slopes in each subdrainage area segmented into sections of slopes
less than or equal to 10%; above 10% but less than 20%; and greater
than 20%.
The proposed plan shall describe all proposed uses and activities,
and fully evaluate the effects of all proposed uses/activities in
an RBCZ, and all proposed management techniques, including proposed
vegetation and any other measures necessary to offset disturbances
to the RBCZ. A discussion on activities proposed as well as management
techniques proposed to offset disturbances and enhance the site to
improve the RBCZ's ability to function effectively as an RBCZ shall
also be included with the RBCZ Management Plan submittal to the Township.
c.
The Plan shall be reviewed and must be approved by the Township Engineer
and Township Planner, in consultation with the Warren Township Environmental
Commission, as part of the subdivision and land development process.
d.
The Riparian Buffer Conservation Zone Management Plan should include
management provisions in narrative and graphic form specifying:
1.
The manner in which the area within the RBCZ will be owned and by
whom it will be managed and maintained.
2.
The conservation and land management techniques and practices that
will be used to conserve and protect the RBCZ, as applicable.
3.
The professional and personnel resources that are expected to be
necessary, in order to maintain and manage the RBCZ.
4.
A revegetation plan, if applicable, that includes: three layers of
vegetation, including herbaceous plants that serve as ground cover,
understory shrubs, and trees that form an overhead canopy. Vegetation
selected must be native and consistent with the soil, slope and moisture
conditions of the site. The revegetation plan shall be prepared by
a qualified professional such as a landscape architect or engineer,
and shall be subject to the approval of the Township Engineer and
Township Planner, in consultation with the Warren Township Environmental
Commission. Dominant vegetation in the Riparian Buffer Conservation
Zone Management Plan shall consist of plant species that are suited
to the stream buffer environment. The Township Engineer and Township
Planner may require species suitability to be verified by qualified
experts from the Soil Conservation District, Natural Resources Conservation
Service, NJDEP, US Fish and Wildlife Service and/or State or Federal
forest agencies.
e.
A Riparian Buffer Conservation Zone Management Plan is not required
where the RBCZ is not being disturbed and conservation easements or
deed restrictions are applied to ensure there will be no future clearing
or disturbance of the RBCZ.
f.
Performance of the Riparian Buffer Conservation Zone Management Plan
shall be guaranteed for two years by a surety, such as a bond, cash
or letter of credit, which shall be provided to the Township prior
to the Township issuing any permits or approving any uses relating
to the applicable use or activity.
[Ord. No. 06-28 § 1]
a.
When a landowner or applicant disputes the boundaries of an RBCZ,
or the defined bank-full flow or level, the landowner or applicant
shall submit evidence to the Township Engineer and Township Planner
that describes the RBCZ, presents the landowner or applicant's proposed
RBCZ delineation, and presents all justification for the proposed
boundary change. For Category One (C1) RBCZs, the landowner or applicant
must first obtain approval from the NJDEP. The applicant shall submit
evidence to the Township Engineer and Township Planner that describes
the RBCZ, presents the landowner or applicant's proposed RBCZ delineation,
and presents all justification for the proposed boundary change. A
decision from the NJDEP must be included with the evidence submitted
for Township review.
b.
Within 45 days of a complete submission of subsection 15-10C.11a above, the Township Engineer and Township Planner, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the Township Engineer, Township Planner and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
c.
Any party aggrieved by any such determination or other decision or determination under subsection 15-10C.11b may appeal to the Township Engineer and Township Planner under the provisions of this section. The party contesting the location of the RBCZ boundary shall have the burden of proof in case of any such appeal.
d.
Any party aggrieved by any determination or decision of the Township
Engineer and Township Planner under this section may appeal to the
Township Committee. The party contesting the determination or decision
shall have the burden of proof in case of any such appeal.
e.
Inspections.
1.
2.
The RBCZ may also be inspected periodically by Township representatives
if excessive or potentially problematic erosion is present, other
problems are discovered, or at any time when the presence of an unauthorized
activity or structure is brought to the attention of municipal officials
or when the downstream surface waters are indicating reduction in
quality.
[Ord. No. 06-28 § 1]
a.
A prompt investigation shall be made by the appropriate Township
personnel, of any person or entity believed to be in violation hereof.
If, upon inspection, a condition which is in violation of this section
is discovered, a civil action in the Special Part of the Superior
Court, or in the Superior Court, if the primary relief sought is injunctive
or if penalties may exceed the jurisdictional limit of the Special
Civil Part, by the filing and serving of appropriate process. The
violator must reimburse the Township for all fees and costs incurred
by the Township for the Township Attorney to pursue such action.
b.
Nothing in this section shall be construed to preclude the right
of the Township, pursuant to N.J.S.A. 26:3A2-25, to initiate legal
proceedings hereunder in Municipal Court. The violation of any subsection
of this section shall constitute a separate and distinct offense independent
of the violation of any other subsection, or of any order issued pursuant
to this section. Each day a violation continues shall be considered
a separate offense.
[Ord. No. 06-32 § 2]
All terms in this section shall be defined in the NJDEP Stormwater Rules (N.J.A.C. 7:8, et seq.). This section shall supplement Section 15-10B entitled Stormwater Management. The following additional terms are defined for this section only.
a.
EXEMPT DEVELOPMENT — Any development that creates less than
1,000 square feet of new impervious surface and disturbs less than
2,500 square feet of land. Further, an exempt development shall not
meet the definition of "minor development."
b.
MINOR DEVELOPMENT — Any development that results in the creation
of 1,000 square feet or more of new impervious surface or one that
disturbs more than 2,500 square feet of land area. Further, a minor
development shall not meet the definition of "major development" in
N.J.A.C. 7:8-1.2.
[Ord. No. 06-32 § 2]
a.
Exempt Development. Any project meeting the definition of "exempt
development" shall be exempt from the provisions of this section.
b.
Minor Development. Minor developments shall be designed to include
the following stormwater management measures:
1.
Water Quality. Soil erosion and sediment control measures shall be
installed in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey.
2.
Rate/Volume Control. Seepage pits or other infiltration measures
shall be provided with a capacity of three inches of runoff for each
square foot of new impervious surface. Stone used in the infiltration
devices shall be 2 1/2 inches clean stone and design void ratio
of 33% shall be used. The infiltration measures shall be designed
with an overflow to the surface which shall be stabilized and directed
to an existing stormwater conveyance system or in a manner to keep
the overflow on the developed property to the greatest extent feasible.
If the new impervious surface is not roof area, an equivalent area
of existing roof may be directed to the infiltration system. This
shall be permitted where the existing roof is not already directed
to infiltration devices.
c.
Major Developments. All major developments shall have their stormwater
management designed in accordance with the Residential Site Improvement
Standards (RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater Rules (N.J.A.C.
7:8). These standards shall apply to all projects, residential and
nonresidential.
[Ord. No. 06-32 § 2]
a.
Standards for Relief. Waivers from strict compliance with the design
standards shall only be granted upon showing that meeting the standards
would result in an exceptional hardship on the applicant or that the
benefits to the public good of the deviation from the standards would
substantially outweigh any detriments of the deviation. A hardship
will not be considered to exist if reasonable reductions in the scope
of the project would eliminate the noncompliance.
b.
Mitigation. If the reviewing agency for the project determines that
a waiver is appropriate, the applicant must execute a mitigation plan.
The scope of the mitigation plan shall be commensurate with the size
of the project and the magnitude of the relief required. The mitigation
project may be taken from the list of projects in the Municipal Stormwater
Management Plan or another project identified by the applicant. All
mitigation projects are subject to the approval of the Township Engineer.
A monetary contribution to the Township may be made in lieu of the
work identified in the mitigation plan, subject to the approval of
the reviewing agency.
c.
Reviewing Agency. All applications subject to the review of the Planning
Board or Board of Adjustment shall be reviewed by those Boards concurrently
with development plan review. Applications not subject to Planning
Board or Board of Adjustment review shall be reviewed by the Township
Engineer.
d.
Appeals. The appeal of the determination of the Township Engineer
shall be made in accordance with N.J.S.A. 40:55D-70a.
[Ord. No. 06-32 § 2]
There shall be no additional fees for stormwater review for
applications to the Planning Board or Board of Adjustment. Applications
to the Township Engineer shall be accompanied by a review fee in the
amount of $250. If a project is approved, an inspection escrow deposit
shall be made in an amount to be determined by the Township Engineer.
[Ord. No. 06-32 § 2]
A wetlands letter of interpretation (LOI) from the New Jersey
Department of Environmental Protection (NJDEP) shall be submitted
as part of the application for any major subdivision or major site
plan application. A minor subdivision application shall not be required
to submit an LOI; however, an on-site wetland delineation shall be
prepared by a qualified consultant. If wetlands are present that could
be impacted by the proposed improvements, a NJDEP approved LOI shall
be submitted with the minor subdivision application. If no wetlands
are observed, a note to that effect shall be shown on the plans.
a.
Documentation. All wetland and transition areas required pursuant
to N.J.A.C. 7:7A-1 et seq. (New Jersey Freshwater Wetlands Protection
Act Rules) or any successor statutes or regulations shall be clearly
shown on all plats or site plans submitted for approval.
b.
All final plats or final site plans shall include the wetland line(s)
identification number as assigned by NJDEP, pursuant to the Freshwater
Wetlands Protection Act.
[Ord. No. 07-15 § 2]
To prevent adverse impacts on delineated wetlands, the following
guidelines shall be employed:
a.
A snow fence shall be installed along the limit of disturbance outside
of the final wetland transition area boundary line prior to the commencement
of on-site construction, so as to prevent encroachment into these
regulated areas.
b.
A silt fence or hay bales should be installed downstream from disturbance
areas adjacent to the State-mandated wetland transition area line
(or buffer) so as to prevent the transport of silt into the wetland
areas.
c.
The applicant shall avoid encroachment into State-regulated wetland
and transition areas. All exiting on-site vegetation within or adjacent
to the wetland areas shall be preserved.
d.
Prior to signing of the final plat or site plan, the applicant shall
provide evidence of the filing of any deed restriction required by
NJDEP to permit transition area modifications.
e.
Whenever a conservation easement is required pursuant to subsection 15-10E.3 below, the easement boundaries shall be delineated with survey monuments to ensure that future encroachment and disturbance of the easement does not occur. The quantity and location of monuments shall be sufficient to adequately identify the easement and shall be shown on the plans and subject to approval by the Township Engineer, provided the spacing of monuments shall not exceed 100 feet. Performance of the monument installation shall be guaranteed by a surety, such as a bond, cash or letter of credit, which shall be provided to the Township prior to the Township issuing any permits relating to the proposed site work.
[Ord. No. 07-15 § 2]
Whenever an LOI or wetlands delineation is required under subsection 15-10E.1 above, all wetlands and transition areas shall be protected by a conservation easement running to the Township.
Such conservation easement shall, at the request of the owner
of such a property, be amended to conform to any subsequent modification
of the included transition areas, provided that such modification
is first approved by the New Jersey Department of Environmental Protection.
Modifications may include, but are not limited to, transition area
averaging plans. An owner may request such modification by submitting
an amendatory deed to the Township Engineer for review and approval.
The owner shall be responsible to reimburse the Township for the cost
of having any in-house or outside professional or technical personnel
review the proposed amendatory deed.
[Added 8-15-2024 by Ord. No. 24-18]
[Added 8-15-2024 by Ord.
No. 24-18]
This section requires the retrofitting of existing storm drain
inlets which are in direct contact with repaving, repairing, reconstruction,
or resurfacing or alterations of facilities on private property, to
prevent the discharge of solids and floatables (such as plastic bottles,
cans, food wrappers and other litter) to the municipal separate storm
sewer system(s) operated by Warren Township so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
[Added 8-15-2024 by Ord.
No. 24-18]
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 section clearly demonstrates
a different meaning. When consistent 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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by Warren Township or other public body, and is designed and used
for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface or groundwater, whether natural or artificial, within the
boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 8-15-2024 by Ord.
No. 24-18]
a.
No person in control of private property (except a residential lot
with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Added 8-15-2024 by Ord.
No. 24-18]
a.
Storm drain inlets identified in § 15-10F.3 above 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 § 15-10F.4a3 below.
1.
Design engineers shall use either 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 (April
1996); 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.
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 basin floors.
2.
Whenever design engineers use a curb-opening inlet, 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.
3.
This standard does not apply:
(a)
Where the municipal engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards;
(b)
Where flows 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:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
(d)
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 8-15-2024 by Ord.
No. 24-18]
This section shall be enforced by the Warren Township Zoning
Officer, or his/her designee.
[Added 8-15-2024 by Ord.
No. 24-18]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the fines and penalties set forth in Chapter 3, General Police Regulations, § 3-21 of the General Ordinances of the Township of Warren for each storm drain inlet that is not retrofitted to meet the design standard.
[Ord. No. 92-33]
a.
Where the need for an off-tract improvement of the type described in Section 15-8 of this chapter is in whole or in part made necessary by the application of the developer and the installation of the improvement would confer a benefit upon the development, a determination of the contribution of the developer for said off-tract improvement shall be made in accordance with the provisions as hereinafter set forth and the performance of the work or the posting of adequate performance guarantees to insure installation of the required off-tract improvement or improvements shall be made by the developer. Such improvements shall be deemed reasonable and necessary when they are set forth in the circulation plan element and the utility service plan element of the Township Master Plan.
b.
Where the Planning/Zoning Board has determined by resolution the
necessity of an off-tract improvement, it shall forward its recommendation
together with the estimated cost of the off-tract improvement to the
governing body of the Township.
Said estimated cost of the off-tract improvement shall set forth
an estimate by which all properties to be serviced, including the
developer's property shall be benefited thereby.
1.
Upon receipt of the recommendation and report of the Planning Board,
the governing body shall, within 30 days from the date of receipt
thereof, make a determination as follows:
(a)
That the recommended off-tract improvement should not be required
of the developer; or
(b)
If the governing body, by resolution, concurs with the recommendation
of the Planning/Zoning Board in whole or in part, it shall notify
the Planning/Zoning Board of its recommendation and the Planning/Zoning
Board shall then, with the aid of the Township Engineer or such other
persons who have pertinent information or expertise calculate:
c.
Manner of Construction. Upon completion of the Planning/Zoning Board
studies with respect to the cost of the improvement and special benefits
to be conferred, these reports shall be forwarded to the governing
body to decide whether the off-tract improvement is to be constructed:
d.
Amount of Contribution. When this has been determined, the developer
may be required to provide, as a condition for final approval of the
subdivision, a bond (or a cash deposit, in lieu thereof) to insure
payment to the Township of one of the following amounts:
1.
If the improvement is to be constructed by the Township as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount, if less, by
which all properties to be serviced thereby, including the subdivision
property, will be specifically benefited by the off-tract improvement;
2.
If the improvement is to be constructed by the Township as a local
improvement, then in addition to the amount referred to in paragraph
d1, above, the estimated amount by which the subdivision will be specifically
benefited by the off-tract improvement; or
3.
If the improvement is to be constructed by the developer, an amount
equal to the estimated cost of the off-tract improvement, less an
offset for benefits to properties other than the developer's.
e.
Determination of Special Benefits. In determining benefits conferred
on properties specifically benefited by an off-tract improvement the
following formula shall, subject to adjustment for peculiar or exceptional
conditions, be used:
1.
The development shall be allocated the percentage of benefit computed
by dividing the land area by the total area benefited by the off-tract
improvement.
2.
The development shall be allocated the percentage of benefit computed
by dividing the maximum potential intensity of use of the development
(total square feet of building floor area) by the maximum potential
intensity of use under existing zoning limitation in the total land
area benefited by the off-tract improvement.
3.
In the case of linear improvements, i.e., roads, curbing, sidewalks,
pipes, drains, sewers, drainage easement, etc., the subdivision shall
be allotted that percentage of benefit computed by dividing the distance
(measured along the course of the off-tract improvement) from the
connecting facility to the farthest abutting point of the development
by the sum of the distance of all intervening properties, including
the development abutting the off-tract improvement similarly measured.
4.
The sum of paragraphs e1, e2 and e3, if applicable, shall be divided
by two (or three if e3 is included), to arrive at the percentage which,
subject to discretionary adjustment as above stated, shall be the
percentage of the total cost of the off-tract improvement which shall
be apportioned to the developer.
f.
When Required. The requirement of appropriate off-tract improvements
and the apportionment of the cost of a portion thereof to the developer
shall, where applicable, be a condition of either preliminary (tentative)
approval or final approval of the major subdivision or a condition
of classification as a minor subdivision. If not imposed as a condition
of preliminary approval, such off-tract improvements and the apportionment
of the cost thereof shall be considered "improvements" under the terms
of this section and may be imposed at the time of final approval.
g.
Payment of Allocated Cost.
1.
The estimated cost of the off-tract improvement allocated to the
developer, if deposited in cash, shall be paid by the subdivider to
the Township Treasurer, who shall provide a suitable depository therefor,
and such funds shall be used only for the off-tract improvements serving
the same purpose. If such improvements are not initiated by the Township
within a period often 10 years from the date of payment, then funds
so deposited shall be returned together with accumulated interest
or other income thereon, if any.
2.
In the event the payment by the developer to the Township Treasurer
provided for herein, is less than its share of the actual cost of
the off-tract improvement, then it shall be required to pay its additional
share of the cost thereof.
3.
In the event the payment by developer to the Township Treasurer provided
for above is more than its appropriate share of the actual cost of
installation of the off-tract improvements, it shall be reimbursed
an amount equal to the difference between the deposit and its share
of the actual cost.
4.
Before apportioning the cost of off-tract improvements to a developer,
the Planning/Zoning Board shall notify and afford the developer an
opportunity to be heard thereon at a public meeting. If the developer
shall deem that any of the amounts so estimated by the Planning/Zoning
Board are unreasonable, it may challenge them and seek to have them
revised in appropriate proceedings brought to compel subdivision approval.
5.
If the developer and the Township cannot agree with respect to the
developer's appropriate share of the actual cost of the off-tract
improvement, or the determination made by the officer or Board charged
with the duty of making assessments as to special benefits and if
the off-tract improvement is constructed as a local improvement, the
dispute shall be decided in an appropriate judicial proceeding.
h.
Assessment of Properties. Upon receipt from the developer of its
allocated share of the costs of the off-tract improvements, the Township
may adopt a local improvement assessment ordinance for the purpose
of construction and installation of the off-tract improvements based
upon the actual cost thereof. Any portion of the cost of the improvements
not defrayed by a developer may be assessed against benefiting property
owners by the Township. Any assessment for benefits conferred made
against the subdivider or its successors in interest shall be first
offset by a pro rata share credit of the allocated costs previously
deposited with the Township Treasurer pertaining thereto. The developer,
or his successors in interest, shall not be liable for any part of
an assessment for such improvements unless the assessment exceeds
its pro rata share credit for its deposit, and then only to the extent
of the deficiency.
i.
Credit for Work Performed. In the event the developer installs and
constructs an off-tract improvement or any portion thereof, which
improvement is accepted by the Township, then the cost, as submitted
by the assessment commission and certified by the Township Committee,
shall be treated as a credit against any future assessment for that
particular off-tract improvement, or portion thereof, constructed
by the Township in the same manner as if the developer had deposited
its apportioned cost with the Township Treasurer, as provided herein.
j.
Installation of Improvements by Applicant.
1.
At the discretion and option of the Township, the Township may enter
into a contract with the developer providing for the installation
and construction of the off-tract improvements by the subdivider upon
contribution by the Township of the remaining unallocated portion
of the cost of the off-tract improvement.
2.
In the event the Township so elected to contribute to the cost and
expense of installation of the off-tract improvements by the developer,
the portion contributed by the Township shall be subject to possible
certification and assessment as a local improvement against benefiting
property owners in the manner provided by law, if applicable.
k.
Site Plan. All requirements and directions in this subsection shall
be applicable to site plan off-tract improvements with equal force
and effect. Any reference to "subdivider" or "subdivision" shall be
taken to include site plan or site plan applicant.
l.
Design Standards. Should the subdivider and the Township enter into
a contract for the construction and erection of the off-tract improvements
to be done by the subdivider, it shall observe all requirements and
principles of the land subdivision and other ordinances in the design
of such improvements.
[Ord. No. 92-33]
a.
Purpose and Intent. The purpose of this subsection is to ensure adequate
off-tract road and related drainage, lighting, sidewalks, signage,
traffic control devices and the like, which are a direct consequence
of new development. The Township of Warren's Transportation Improvement
Districts ("T.I.D.s") are designed to achieve the following purposes:
1.
To encourage safe and efficient traffic flow and pedestrian access
along the roadway systems serving the Township;
2.
To maintain satisfactory levels of traffic service throughout the
Township during peak travel times;
3.
To assess future development its fair share of the cost of reasonable
and necessary off-tract improvements that are a direct consequence
of such new development rather than arising from existing development.
4.
To raise revenues that will be managed and expended in such a manner
and time that the development paying the fee will receive a direct
benefit from the improved roads and related facilities.
5.
To encourage development that is compatible with and, whenever possible,
carries out the land use and circulation objectives of the Warren
Township Master Plan and other regional planning incentives that match
Warren Township's community goals.
6.
To accomplish the foregoing objectives through thoughtful and cooperative
planning between all levels of government and the private sector for
the benefit of all residents and businesses in the Township.
7.
It is the intent of this subsection to effectuate its terms consistent
with the goals and objectives of the County of Somerset and the agencies
of the State of New Jersey through policy and project agreements now
or hereafter formulated or consummated.
b.
Identification of Districts. The following T.I.D.s are hereby established,
as described in the Traffic and Circulation Plan Element of Warren
Township's Master Plan;
1.
Transportation Improvement District-1 (T.I.D.-1) comprised of the
area set forth on the attached map drawn by Garmen Associates entitled
"T.I.D.-1 Transportation Improvement District (TID) Boundaries." This
area being commonly referred to as the "Mountain Boulevard Corridor."
c.
Roadway Improvements. The improvements to be made within each established
T.I.D. are set forth in subplans to the Traffic and Circulation Plan
Element of the Warren Township Master Plan as approved by the Planning
Board, and as presently amended or as amended in the future.
d.
T.I.D. Impact Fees.
1.
The pro rata share of T.I.D. impact fees ("T.I.D. Impact Fees") to
be collected from a developer having an application for development
within an established T.I.D. as set forth in subplans to the Traffic
and Circulation Plan Element of the Warren Township Master Plan, as
approved by the Planning Board and as presently amended or as amended
in the future, shall be adopted by the Township Committee with recommendations
of the Planning Board or Zoning Board of Adjustment, as the case may
be, and the County of Somerset, (to the extent that egress from or
ingress upon a County roadway is involved) as follows:
|
Developer's Share
|
=
|
Developer's Traffic Impact
Total District Traffic Growth
|
x
|
Total District Improvement Cost
|
|
That portion of the above formula identified as Total District
Traffic Growth encompasses traffic resulting from new development
and growth in through traffic.
|
2.
The purposes of the T.I.D. impact fee is to satisfy the developer's
proportionate and pro-rate contribution to the cost of reasonable
and necessary off-tract roadway improvements and necessitated by new
development (to include, but not be limited to: the construction or
reconstruction of new or existing streets, rights-of-ways, acquisition,
engineering, and other associated street or traffic improvements such
as street widening, alignment, channelization of intersections, construction
of barriers, new or improved traffic signalization, signs, curbs,
sidewalks, street drainage, road culverts, lighting, landscaping,
utility relocation and the like) to be borne by developers within
a related and common area of an established T.I.D.
3.
The data upon which T.I.D. impact fees are determined shall be adjusted
from time to time as is reasonably deemed appropriate by the Township
Committee and the County to account for modifications to projected
roadway improvement costs resulting from detailed engineering field
studies and inflation, adjusted development projections, actual costs
of T.I.D. program maintenance and administration, land acquisition
costs and necessary changes in the scope of roadway improvements.
4.
Where an applicant pays the amount determined as his pro rata share
under protest, he shall institute a legal action within one year of
such payment in order to preserve the right to judicial determination
as to the fairness and reasonableness of such amount. In the event
such applicant fails to institute such legal action within one year
of such payment, such applicant shall have been deemed to waive any
right to challenge such pro rata share.
5.
No applicant shall be required to pay T.I.D. impact fees for a development
within an established T.I.D. if the applicant can demonstrate to the
satisfaction of the Township and the Planning Board or the Board of
Adjustment, as the case may be (or to the satisfaction of Somerset
County, to the extent that egress from or ingress upon a County road-way
is involved), in connection with any application for preliminary approval
of a development located within an established T.I.D., that (i) the
traffic impact from such new development will be negligible (for the
purposes of this subsection defined to mean less than 10 trips generated
per day), or (ii) the proposed development will receive no benefit
(direct or indirect) from the roadway improvements.
e.
Implementation of T.I.D. Impact Fees through Developers Agreements.
1.
Developers of developments within an established T.I.D. shall be
required to enter into an agreement with the Township (and with Somerset
County, to the extent that egress from and ingress upon a County roadway
is involved) for the payment of the required T.I.D. impact fee; and
the Planning Board or Board of Adjustment, (after receiving input
from County or State agencies for developments located along roads
under the jurisdiction of these agencies, if County or State road
improvements are to be undertaken) as the case may be, in deliberations
with respect to any applications for preliminary approval of development
located within an established T.I.D., shall make findings and recommendations
as to items to be addressed by the agreement. A condition to any final
approval shall be that the developer enter into the said agreement
with the Township (and with Somerset County, to the extent that egress
from or ingress upon a County roadway is involved). The agreement
shall be in proper form for recording and, once duly signed and acknowledged
by all parties thereto, shall be recorded by the developer in the
Somerset County Clerk's Office.
2.
The agreement shall take into consideration the applicable Board's
findings of fact, recommendations and conditions of approval and shall,
at a minimum, provide for the following;
(a)
Payment of an impact fee representing the applicant's fair share
of road and street (Township, County and State) improvements, inclusive
of land acquisition costs, if any, in accordance with the standards
set forth in this subsection and the appropriate T.I.D. subplan. Unless
an installment payment schedule is approved, the T.I.D. impact fee
shall be paid prior to the issuance of any building permits.
(b)
Where the development is phased, an installment payment schedule,
if requested by the developer, based upon the phasing of the development
or other standards as outlined in the subplan to the Traffic and Circulation
Plan Element of the Township's Master Plan or as agreed to by the
Township Committee with respect to the collection of the fee determined.
With any installment payment plan, full payment shall be required
prior to the issuance of the final building permit for the project
or phase thereof subject to such installment payments. The applicable
Board may require that the developer posts a letter of credit or other
appropriate financial guarantee to ensure the receipt of any such
installment payments.
(c)
The limit of the developer's future off-tract traffic improvement
liability upon full or partial payment of the T.I.D. impact fee.
(d)
A description of on-tract or off-tract road and related traffic
improvements to be made by or at the expense of the developer, in
lieu of a T.I.D. impact fee, contribution or some combination thereof,
if any, and the timing or sequencing of such installation.
(e)
A description of any credits or repayment due the developer
as a result of (i) voluntary construction or payments in excess of
the developer's fair share based upon the standards set forth in the
T.I.D. subplan, and/or (ii) implementation of traffic reduction management
plans and transit incentives which the developer has adequately demonstrates
to the applicable Board (and Somerset County, to the extent that egress
from or ingress upon a County roadway is involved) will permanently
reduce the peak hour volumes and trip generation rates established
by the Institute of Transportation Engineers in the Trip Generation
Handbook, as such handbook may be amended or revised from time to
time, or from any other source as may be approved by the Township
Committee.
(f)
Where the proposed off-tract improvement is to be undertaken
at some future date, the monies required for the improvement shall
be deposited in a separate interest-bearing account to the credit
of the Township (or, in the case of a County road, in the joint interest
bearing account established or to be established between the Township
and the County) until such time as the improvement is constructed.
If the off-tract improvement is not commenced within 10 years of the
deposit monies, then all monies and interest (less 1% to cover administrative
fees) earned thereon shall be returned to the applicant. An improvement
shall be deemed commenced if right-of-way acquisition and/or preliminary
engineering is in progress and the improvement is fully funded and
committed to by the Township and/or the County and/or the State.
(g)
Where the applicable Board, or the County or the State, as the
case may be, requires a developer to construct and on-tract street
improvement in excess of that required for or used exclusively by
the particular development in order to benefit the general public
and other future developers within the established T.I.D., consideration
shall be given to reducing the off-tract T.I.D. impact fee in an amount
equal to the difference between the cost of the on-tract street improvement
required by the development itself and the total cost of the on-tract
street improvement required by such Board, the County or the State,
as the case may be. The reduction, if any, shall be applied against
the T.I.D. impact fee required under this subsection. An on-tract
street improvement required by such Board, the County or the State,
as the case may be. The reduction, if any, shall be applied against
the T.I.D. impact fee required under this subsection. An on-tract
street improvement shall be deemed "in excess of that required for
or used exclusively by the particular development" for purposes hereof
if it exceeds the design standards established in the land development
ordinances of the Township for such improvement. In order to receive
a reduction of the T.I.D. impact fee required under this subsection,
it shall be the responsibility of the developer to demonstrate to
the satisfaction of the applicable Board, or the County or the State,
as the case may be, that the on-tract street improvement exceeds the
design standards established in the land development ordinances of
the Township for such improvement. The cost of rights-of-way dedicated
to the Township (or the County, if applicable) shall not be included
in any calculation under this subsection. Notwithstanding anything
to the contrary in this subparagraph (g), under no circumstances shall
access related improvements, such as acceleration or deceleration
lanes, towing lanes, signalization, roadside drainage and interim
improvements receive a reduction of the developer's T.I.D. impact
fee. Additionally, no reduction shall be given for on-tract improvements
such as, but not limited to, curbing, detention or retention basins,
overlay, sidewalks or crowns.
(h)
Such other matters as may be recommended by the applicable Board
or the Township Committee.
3.
Use of Funds Collected. Any funds collected by way of the T.I.D.
impact fee shall be maintained in a separate escrow account credited
to the Township or in a separate escrow account credited to the Township
or in a separate escrow account of the County (if a County road is
involved). Such funds shall be used only for improvements referred
to in the T.I.D. subplan and as adopted as part of the Township's
capital improvement program. Any funds held in the account of the
County shall be distributed and utilized in accordance with an agreement
between the County and the Township regarding the distribution and
utilization of such funds. The mutual consent of the County and the
Township shall be required prior to the release of any funds held
by the County in its escrow account for purposes of capital expenditures
to any county road within an established T.I.D.
4.
Exemption for Public Buildings. Development applications made by
a municipal agency for the construction of a public building shall
be exempt from the requirements of the payment of a T.I.D. impact
fee as set forth herein, provided that the Township Committee finds
that the proposed building will serve a public purpose and promote
the public health, safety and welfare. Rather, the traffic impact,
if any, of such public building shall be considered as part of the
general sector share.
[Ord. No. 92-33]
The purpose of this subsection is to establish rules, regulations,
standards and procedures for the preparation of an environmental assessment
report by the applicant in order to provide essential information
to the appropriate reviewing Board so that the environmental consequences
of a proposed activity can be evaluated for the protection of the
safety, public health, convenience and general welfare of the community.
The environmental assessment report, (hereinafter referred to as "EAR"),
shall describe, with suitable sketches and plans, the proposed project.
The EAR shall complement, rather than duplicate the site plan and
building plan and shall include a survey and description of the environmental
features of the property.
[Ord. No. 92-33; Ord. No. 07-03 § 1]
a.
All applications for major subdivision for 10 or more lots or dwelling units, major site plan for construction of 10,000 square feet or more of floor area, conditional use or use variance, except those exempted under subsection 15-12.2b shall be required to include an EAR unless waived in accordance with subsection 15-12.2c.
b.
Exemptions. The following shall be exempt from the EAR requirement:
1.
All agricultural operations conducted in accordance with a plan approved
by the Soil Conservation District and accepted agricultural management
practices as defined by the State Agricultural Development Committee.
2.
All silvaculture operations conducted in accordance with a plan prepared
by a professional forester.
c.
Waiver. The appropriate reviewing board, may waive EAR requirement
where the application and other sources of information available to
the reviewing board demonstrate that the proposed activity will not
involve an environmentally detrimental or potentially environmentally
detrimental use or development. The reviewing board shall seek the
advice of the Environmental Commission before rendering a waiver decision.
Any request for a waiver of this requirement shall be made in writing
with reasons as to why the waiver should be granted.
d.
If the application for a project as described in paragraph a above
is located within the future sewer service area of the Warren Township
Sewerage Authority's Sewage Treatment Plants and requires a NJDEP
treatment works approval pursuant to N.J.A.C. 7:14A and is located
in an area mapped as Ranks 3 (State Threatened), 4 (State Endangered)
and 5 (Federal Threatened and/or Endangered) habitat as depicted by
the NJDEP Landscape Project Maps, the applicant shall also document
the existence or any nonexistence of any threatened or endangered
species on the project site by completing a Threatened and Endangered
Species Analysis (TESA) in accordance with subsection 15-12.3(b)(3)(i).
[Ord. No. 92-33; Ord. No. 07-03 §§ 2, 3]
a.
General Requirements. The information required shall be presented
in a concise descriptive report. The descriptive report shall be supplemented
with graphic and explanatory material when environmentally sensitive
areas are involved. "Environmentally sensitive areas" include but
are not limited to stream corridors and floodplains, streams and water
bodies, wetlands, slopes greater than 15%, highly acidic or erodible
soils, mature stands of trees, aquifer recharge areas, aquifer discharge
areas and unique natural features and habitats.
b.
Specific Requirements. Project description: indicate the purpose
and scope of the proposed project, describe the suitability of the
site for the intended use and indicate the extent to which the site
must be altered, the kinds of facilities to be constructed, the uses
intended and an estimate of the resident population and working population.
The compatibility or incompatibility of the proposed project shall
be described in relation to the Township Master Plan.
1.
Site Description and Inventory.
(a)
Types of Soil. A complete mapping of all soil types on the site
shall be required and a description of each soil's characteristics
shall be included, with reference to the Soil Survey of Somerset County,
New Jersey. The statement should make specific reference to the Soil
Survey Tables for Engineering Index Properties, Soil and Water Features,
and, where applicable, Sanitary Facilities.
(b)
Topography. Describe the topographic conditions of the site.
(c)
Geology. Describe the geological formations and features associated
with the site as well as depth-to-bedrock conditions, delineate those
areas where bedrock is in close proximity to the surface (within two
feet of the surface), as well as major rock outcroppings and discussion
of projected volume of rock to be removed and time (duration in days)
to complete blasting, if applicable.
(d)
Vegetation. Map and describe the diversity and frequency of
all major species.
(e)
Wildlife. Describe the diversity and extent of wildlife habitats;
identify any unique habitats.
(f)
Surface Water. Describe and map existing watercourses and water
bodies that are particularly or totally on the site; determine the
existing surface runoff from the site. Existing drainage structures
shall be mapped, and the capacity of the drainage network shall be
determined. When the natural drainage pattern will be significantly
altered or an analysis shall be conducted which will investigate flow,
depth, capacity and water quality of the receiving waters.
(g)
Subsurface Water. Where existing conditions warrant, describe
the subsurface water conditions on the site, in terms both of depth
to groundwater and of water supply capabilities of the site; from
existing data of Warren Township Board of Health, provide detailed
information regarding existing wells within 500 feet of the site as
to depth, capacity and water quality.
(h)
Unique, Scenic and/or Historic Features. Describe and map those
portions of the site which can be considered to have unique scenic
and/or historic qualities; discuss views to and views from prominent
locations in the Township.
(i)
Existing Development Features. Describe any existing features
on the site that are not considered to be part of the natural environment;
include roads, housing units, accessory structures, utility lines,
sewage facilities and public water supplies.
2.
Intentionally Omitted.
3.
Environmental Impact.
(a)
Describe on-site sewerage facilities and off-site sewerage connections;
demonstrate adequacy of both on-site and off-site sewerage facilities
and capacities and that the sewage can be disposed of without pollution
to natural and man-made water systems.
(b)
Demonstrate that an adequate potable water supply is available
for both domestic use and fire protection, and demonstrate compliance
with N.J.S.A. 58:12A-1 et seq., (the New Jersey Safe Drinking Water
Act).
(c)
Describe impact on stream corridors, wetlands, erodible soils,
vegetation, wildlife habitats, aquifer recharge areas and historically
or archaeologically significant areas.
(d)
Demonstrate that there will be no significant increase in sound
levels which will adversely impact public health and welfare nor be
detrimental to the quality of life and privacy of the surrounding
community; demonstrate compliance with N.J.A.C. 7:29, (Noise Control).
(e)
Describe any hazardous substances to be transported to or from
or to be stored at the site and solid waste which will be generated
by the proposed activity; demonstrate compliance with relevant State
and local regulations and standards as set forth in N.J.S.A. 13:1K-6
et seq., (Environmental Cleanup and Responsibility Act); N.J.A.C.
7:19, (Discharges of Petroleum and Other Hazardous Substances); N.J.A.C.
7:30, (Pesticide Control).
(f)
Describe the environmental impact of traffic generation.
(g)
Describe any adverse environmental effect that may occur during
the construction phase of the project.
(h)
List all known licenses, permits and other forms of approval
required by the Township, as well as agencies of the County, State
and Federal governments. Where approvals have been granted, attach
copies; where approvals are pending, a note shall be made to that
effect.
(i)
Threatened and Endangered Species Analysis ("TESA"). In accordance with the provisions of subsection 15-12.2(d) above, any applicant of proposed development projects within the Township, where such project is located within the future sewer service area of the Warren Township Sewerage Authority's Sewage Treatment Plants and requires a NJDEP treatment works approval pursuant to N.J.A.C. 7:14A and is located in an area mapped as Ranks 3 (State Threatened), 4 (State Endangered) and 5 (Federal Threatened and/or Endangered) habitat as depicted by the NJDEP Landscape Project Maps, shall be required to complete a TESA.
A TESA shall include but not necessarily be limited to:
(1)
The applicant must screen for the existence or nonexistence
of endangered or threatened species habitat on the project site by
utilizing the NJDEP "Landscape Project." Landscape Project Maps and
geographical information systems (GIS) support data are available
on the Fish and Game website at http://www.njfishandwildlife.com and
can be accessed by following the link to Endangered and Non Game Species.
In addition, a copy of the Landscape Project Maps Compact Disk (CD)
can be obtained by contacting New Jersey Maps and Publications at
(609) 777-1038.
(2)
If specific species' habitat of concern as depicted by the NJDEP
Landscape Project Maps for Rank 3, 4 and 5 habitat areas is identified,
the applicant may choose to have a qualified environmental scientist/biologist
or ecologist perform a site specific analysis to identify or confirm
all species and the approximate location of the habitat within the
project location.
(3)
If the proposed development falls within a Landscape Project
Area Rank 3, 4, or 5 and the project location of critical habitat
is verified, then the first and primary consideration shall be given
to project design measures that avoid any negative impacts to confirmed
critical habitat areas.
(4)
If there will be unavoidable impacts to critical habitat areas
that have been identified, submission of a Conservation Plan is required.
(5)
The Conservation Plan shall provide measures to be taken to
permanently protect critical habitat areas from future impacts from
development. Measures should include protection of identified areas
with a conservation/deed restriction. In addition, measures to be
taken should include those necessary to mitigate or restore habitat
areas which will be disturbed by unavoidable impacts as a result of
the proposed project activity.
(6)
Identification of measures to be taken to permanently protect
these areas from current or future impacts from development of adjoining
non-critical areas. Measures should include protection of identified
areas with a deed-restricted conservation area.
4.
Environmental Performance Controls. Describe in appropriate detail
what measures will be employed during the planning, construction and
operation phases which will minimize or eliminate negative impacts
on- and off-site resulting from the proposed activity, including but
not limited to:
(a)
Site design techniques sensitive to the natural environment,
which should include innovative landscapes, building and circulation
design and buffers.
(b)
Drainage plans which would limit off-site runoff.
(c)
Sewage disposal techniques.
(d)
Water supply and water conservation proposals.
(e)
Energy conservation measures.
(f)
Pollution control measures that favorably affect air quality
and water quality and reduce noise, if applicable.
(g)
Open space reserves.
(h)
Procedures for chemical spill prevention, control and cleanup,
if applicable.
5.
The name and address of the person, persons or entity who prepared
the EAR and their curriculum vitae.
[Ord. No. 92-33]
The municipal reviewing board shall use the EAR and any other
available information to evaluate impacts and, where appropriate,
formulate reasonable and necessary conditions of approval which will
mitigate adverse impact.
[Ord. No. 92-33; Ord. No. 96-5 § 7; Ord. No. 05-14 § 6]
Costs for inspection of improvements, or for issuance of permits and certificates of occupancy, are payable by the applicant in addition to the filing fees and escrows under Section 15-5. All improvements (except electric, gas and water lines) shall be installed under the supervision and inspection of the Township Engineer with the cost thereof to be borne by the developer. The reasonable cost of inspection shall be computed at $500 or 5% of the total cost of improvements as estimated by the Township Engineer pursuant to subsection 15-14.1m of this chapter. Such amount, in the form of cash or certified check, shall be deposited with the Township Clerk before commencement of any construction.
a.
In the event the actual inspection fees exceed the reasonably anticipated
fees, the developer shall be required to reimburse the Township for
all additional reasonable inspection fees before the improvement is
accepted by the Township of Warren. Any balance from the deposit,
after inspection costs have been deducted therefrom, shall be refunded
to the developer, including the applicant's portion of the interest
earned thereon, by resolution of the governing body.
b.
The funds deposited with the Township, until repaid or applied to
the purposes for which it is deposited, except as otherwise provided
in this subsection, shall continue to be the property of the applicant
and shall be held in trust by the municipality. Money deposited in
an amount in excess of $5,000 shall be held in escrow, and is subject
to municipal inspection. The Township Clerk or Township Chief Financial
Officer shall deposit such funds in a banking institution or savings
and loan association in this State insured by an agency of the Federal
government, or in another fund or depository approved for such deposits
by the State, in an interest-bearing account as required by law.
c.
The municipality shall not be required to refund an amount of interest
paid on a deposit which does not exceed $100 for the year. If the
amount of interest exceeds $100, that entire amount shall belong to
the applicant and shall be refunded to him or her by the municipality
annually or at the time the deposit is repaid or applied to the purposes
for which it was deposited, as the case may be; except that the municipality
may retain for administrative expenses a sum equivalent to no more
than 33 1/3% of that entire amount which shall be in lieu of
all other administrative and custodial expenses.
d.
The Township shall assess the cost of inspections no less than quarterly
against the account, and the developer shall be invoiced monthly for
the replacement of funds drawn on the account. Inspection by other
than Township personnel, as well as other expenses directly related
to inspection shall be charged at the actual costs to the Township.
All bills shall be payable within 30 days of rendering. Failure on
the part of the developer to make payment within 30 days shall entitle
the Township to revoke building permits, issue a stop work order,
or to take such legal action as may be necessary to secure invoiced
inspection fees, except that no such action shall be taken until 15
days after completion of an appeal, if such appeal is undertaken as
provided in paragraph f below.
e.
The Township Engineer shall not endorse a certificate of occupancy
unless all inspection fees and other fees are paid. All sums not utilized
for the inspection of improvements shall be returned to the developer
within 30 days of the issuance of the certificate of occupancy.
f.
If, within 30 days of receipt of an invoice for inspection fees,
the developer is of the opinion that inspection fees, as invoiced,
are unreasonable, the developer may, within that thirty-day period,
appeal the reasonableness of the costs of inspection to the Township
Administrator. Notice of such an appeal shall be made in writing to
the administrative officer and a hearing before the Township Administrator
shall be held within 45 days of receipt of such written request. Failure
on the part of the Township to hold the hearing within 45 days shall
result in the granting of the relief requested by the developer. After
the conclusion of the hearing, the Township Administrator shall render
a decision within 15 days. This decision may determine if the fees
charged are reasonable, or if unreasonable, result in a reduction
in the inspection fee charged to the developer. The results of the
hearing shall in no way preclude the developer from such alternate
course(s) of action that the developer may deem appropriate.
[Ord. No. 92-33; Ord. No. 05-14 § 6]
An applicant, upon grant of approval of a site plan, shall deposit with the Township Clerk a fee equal to $500 or 5% of the estimated cost of outside improvements as listed in Section 15-8 to defray the reasonable cost of outside improvement inspection by the Warren Township Engineering Department.
[Ord. No. 92-33; Ord. No. 96-5 § 8; Ord. No. 05-14 §§ 1 — 4; Ord. No. 2018-21]
In accordance with the provisions of N.J.S.A. 40:55D-53, the
Township of Warren, before the recording of final subdivision plats
or as a condition of final site plan approval, or as a condition to
the issuance of a zoning permit, may require the developer to post
guarantees for the installation (performance) and maintenance of certain
on-tract improvements inclusive of site plans for residential and
nonresidential land development which include common site improvements.
The Township, Planning Board or Zoning Board of Adjustment shall require,
and shall accept, security in a form acceptable to the Governing Body
and prepared by the Township Attorney, said security to be in accordance
with the following standards for the purpose of assuring the installation
and maintenance of on-tract improvements.
a.
The furnishing of a performance guarantee in favor of the Township
of Warren in an amount not to exceed 120% of the cost of installation,
of only those improvements required by a developer's agreement, ordinance
or regulation to be dedicated to a public entity, and that have not
yet been installed, which cost shall be determined by the Township
Engineer according to the method of calculation set forth in N.J.S.A.
40:55D-53.4 for the following improvements as shown on the approved
plans or plat: streets, pavement, gutters, curbs, sidewalks, street
lighting, street trees, surveyor's monuments, as shown on the final
map and required by the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq.,
water mains, sanitary sewers community septic systems, drainage structures,
public improvements of open space and, any grading necessitated by
the preceding improvements. The performance guarantee may also be
required to include, at the discretion of the Township, Planning Board
or Zoning Board of Adjustment, a guarantee for the installation of
privately-owned perimeter buffer landscaping. At the developer's option,
a separate performance guarantee may be posted for the privately-owned
perimeter buffer landscaping.
The Township Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obliger.
b.
In addition to a performance guarantee required pursuant to paragraph
a of this subsection, a developer may be required to furnish to the
Township a separate guarantee, referred to herein as a "safety and
stabilization guarantee", in favor of the Township, to be available
to the Township solely for the purpose of returning property that
has been disturbed to a safe and stable condition or otherwise implementing
measures to protect the public from access to an unsafe or unstable
condition, only in the circumstance that:
1.
Site disturbance has commenced and, thereafter, all work on the development
has ceased for a period of at least 60 consecutive days following
such commencement for reasons other than force majeure, and
2.
Work has not recommenced within 30 days following the provision of
written notice by the Township to the developer of the Township's
intent to claim payment under the bond. The amount of the safety and
stabilization guarantee shall be calculated as set forth in N.J.S.A.
40:55D-53. At the developer's option, the safety and stabilization
guarantee may be included as a line item for safety and stabilization
in the performance guarantee rather than in the form of a separate
guarantee.
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
$5,000 for the first $100,000 of bonded improvement costs, plus
two and a half percent of bonded improvement costs in excess of $100,000
up to $1,000,000, plus 1% of bonded improvement costs in excess of
$1,000,000.
A municipality shall release a separate "safety and stabilization
guarantee" to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this paragraph.
A municipality shall release a "safety and stabilization guarantee"
upon the Municipal Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
c.
The developer shall post with the Governing Body, prior to the release
of the performance guarantee, a maintenance guarantee 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 installation of
the improvements which are being released, along with the following
private site improvements: stormwater management basins, in-flow and
water quality structures within the basins, and the out-flow pipes
and structures of the stormwater management system, if any, which
cost shall be determined by the Township Engineer according to the
method of calculation set forth and generally based on documented
construction costs for public improvements prevailing in the general
area and as further set forth in paragraph o below. In the event that
other governmental agencies or public utilities will own the utilities
to be installed or the improvements are covered by a performance guarantee
or maintenance guarantee to another government agency, no performance
or maintenance guarantee shall be required by the Township for such
utilities or improvements.
d.
The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the Governing Body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Township Engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the
resolution.
e.
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Township for the guarantees
posted for the improvements not completed or corrected and the Township
may either, prior to or after the receipt of the proceeds thereof,
complete such improvements. Such completion or correction of improvements
shall be subject to the public bidding requirements of the "Local
Public Contracts Law," N.J.S.A. 40A:11-1 et seq.
f.
As-built drawings shall be submitted before a performance guarantee
is considered for release. As each partial release is applied for,
as-built drawings of the bonded improvements installed shall be submitted
to the Township Engineer.
g.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the Governing Body in writing, by certified mail addressed in care
of the Clerk, that the Township Engineer prepare, in accordance with
the itemized cost estimate prepared by the Township Engineer and appended
to the performance guarantee pursuant to paragraph a of this subsection,
a list of all uncompleted or unsatisfactory completed bonded improvements.
If such a request is made, the obligor shall send a copy of the request
to the Township Engineer. The request shall indicate which bonded
improvements have been completed and which bonded improvements remain
uncompleted in the judgment of the obligor. Thereupon the Township
Engineer shall inspect all bonded improvements covered by the obligor's
request and shall file a detailed list and report, in writing, with
the Governing Body, and shall simultaneously send a copy thereof to
the obligor not later than 45 days after receipt of the obligor's
request. The list prepared by the Township Engineer shall state, in
detail, with respect to each bonded improvement determined to be incomplete
or unsatisfactory, the nature and extent of the incompleteness of
each incomplete bonded improvement or the nature and extent of, and
remedy for, the unsatisfactory state of each completed bonded improvement
determined to be unsatisfactory. The report prepared by the Township
Engineer shall identify each bonded improvement determined to be complete
and satisfactory together with recommendation as to the amount of
reduction to be made in the performance guarantee relating to the
completed and satisfactory bonded improvement in accordance with the
itemized cost estimate prepared by the Township Engineer and appended
to the performance guarantee pursuant to paragraph a of this subsection.
h.
1.
The Governing Body, by resolution, shall either approve the improvements
determined to be complete and satisfactory by the Township Engineer,
or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction to be made in the performance guarantee relating
to the improvements accepted, in accordance with the itemized cost
estimate prepared by the Township Engineer and appended to the performance
guarantee pursuant to paragraph a of this subsection. This resolution
shall be adopted not later than 45 days after receipt of the list
and report prepared by the Township Engineer. Upon adoption of the
resolution by the Governing Body, the obligor shall be released from
all liability pursuant to its performance guarantee, with respect
to those approved bonded improvements, except for that portion adequately
sufficient to secure compliance or correction of the improvements
not yet approved; provided that 30% of the amount of the performance
guarantee and safety and stabilization guarantee posted may be retained
to ensure completion and acceptability of all improvements. The safety
and stabilization guarantee shall be reduced by the same percentage
as the performance guarantee is being reduced at the time of each
performance guarantee reduction.
For the purpose of releasing the obligor from liability pursuant to the performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to subsection a of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of the bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
2.
If the Township Engineer fails to send or provide the list and report
as requested by the obligor pursuant to paragraph g of this subsection
within 45 days from receipt of the request, the obligor may apply
to the Superior Court of New Jersey in a summary manner for an order
compelling the Township Engineer to provide the list and report within
a stated time and the cost of applying to the court, including reasonable
attorney's fees, may be awarded to the prevailing party.
3.
If the Governing Body fails to approve or reject the bonded improvements
determined by the Township Engineer to be complete and satisfactory
or reduce the performance guarantee for the completed and satisfactory
bonded improvements within 45 days from the receipt of the Township
Engineer's list and report, the obligor may apply to the Superior
Court of New Jersey in a summary manner for an order compelling, within
a stated time, approval of the complete and satisfactory bonded improvements
and approval of a reduction in the performance guarantee for the approved
complete and satisfactory bonded improvements in accordance with the
itemized cost estimate prepared by the Township Engineer and appended
to the performance guarantee pursuant to paragraph a of this subsection;
and the cost of applying to the court, including reasonable attorney's
fees, may be awarded to the prevailing party.
4.
In the event that the obligor has made a cash deposit with the municipality
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee provided that if the developer has furnished
a "safety and stabilization guarantee," the municipality may retain
cash equal to the amount of the remaining "safety and stabilization
guarantee."
i.
If any portion of the bonded improvements is rejected, the approving
authority may require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification
as set forth in this subsection shall be followed.
j.
Nothing in this subsection shall be construed to limit the right
of the obligor to contest by legal proceedings any determination of
the Governing Body or the Township Engineer.
k.
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee" in favor of the Township in an amount equal
to 120% of the cost of installation of only those improvements or
items which remain to be completed or installed under the terms of
the temporary certificate of occupancy and which are required to be
installed or completed as a condition precedent to the issuance of
the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee. Upon posting of a temporary certificate
of occupancy guarantee, all sums remaining under a performance guarantee,
required pursuant to this subsection, which relate to the development,
unit, lot, building or phase of development for which the temporary
certificate of occupancy is sought, shall be released. The scope and
amount of the temporary certificate of occupancy guarantee shall be
determined by the Township Engineer. The temporary certificate of
occupancy guarantee shall be released by the Township Engineer upon
the issuance of a permanent certificate of occupancy with regard to
the development, unit, lot, building or phase as to which the temporary
certificate of occupancy relates.
l.
The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements which fees shall not exceed the sum of the amount set forth in N.J.S.A. 40:55D-53. The Township may require the developer to post the inspection fees in escrow in an amount calculated pursuant to the method of calculation set forth in N.J.S.A. 40:55D-53. If the Township determines that the amount in escrow for the payment of inspection fees, as calculated herein, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections. The inspection fees required to be posted by this paragraph shall be deposited in accordance with Section 15-13 of this chapter.
m.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, the provisions of this subsection
shall be applied by stage or section.
n.
The Township shall not require that a maintenance guarantee required
pursuant to N.J.S.A. 40:55D-53 be in cash or that more than 10% of
a performance guarantee be in cash. A developer may, however, provide
at his option some or all of a maintenance guarantee in cash or more
than 10% of a performance guarantee in cash.
o.
The cost of the installation of the bonded improvements for the purposes
of N.J.S.A. 40:55D-53 shall be estimated by the Township Engineer
based on documented construction costs for public improvements prevailing
in the general area of the Township. The developer may appeal the
Township Engineer's estimate to the County Construction Board of Appeals
established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-129).
p.
The approving authority shall, for the purposes of N.J.S.A. 40:55D-53,
accept a performance guarantee or maintenance guarantee which is an
irrevocable letter of credit if it:
1.
Constitutes an unconditional payment obligation of the issuer running
solely to the Township for an express initial period of time in the
amount determined pursuant to N.J.S.A. 40:55D-53;
2.
Is issued by a banking or savings institution authorized to do and
doing business in this State;
3.
Permits the Township to draw upon the letter of credit if the obligor
fails to furnish another letter of credit which complies with the
provisions of this subsection 30 days or more in advance of the expiration
date of the letter of credit or such longer period in advance thereof
as is stated in the letter of credit.
q.
Execution of Developers Agreement. Before the commencement of any
work pursuant to a preliminary approval for a major subdivision or
site plan, the developer will execute a developer's agreement in the
form provided by the Planning Board or Zoning Board of Adjustment.
r.
The fees for the preparation and review of the performance guarantees, including those attributable to the Township Attorney, shall be reimbursed by the obligor through obligor's escrow account in connection with the improvements for which the performance guarantee and/or bond is required in accordance with subsection 15-5.3. If no escrow account exists or is deposited under subsection 15-5.3, the obligor shall reimburse such fees in regard to the performance guarantee through their deposit for inspection fees in accordance with Section 15-13 and paragraph l of this subsection 15-14.1. If no deposit is made by the developer or the deposit is insufficient to cover such costs, then such fees shall be billed in accordance with subsections 15-13.1d, e, and f.
The fees for the preparation and inspection of the maintenance guarantees, including those attributable to the Township Attorney, shall be reimbursed by the obligor prior to the final release of the performance guarantee and/or bond. The monies for such fees shall be reimbursed through the obligor through obligor's escrow account in connection with the improvements for which the performance guarantee and/or bond is required in accordance with subsection 15-5.3. If no escrow account is required or deposited under subsection 15-5.3, the obligor shall reimburse such fees in regard to the performance guarantee through their deposit for inspection fees in accordance with Section 15-13 and paragraph l of this subsection 15-14.1. If no deposit is made by the developer or the deposit is insufficient to cover such costs, then such fees shall be billed in accordance with subsection 15-13.1d, e and f.
[Ord. No. 2000-27, § 2]
In the event that a developer does not commence work pursuant
to a land development approval for a subdivision, site plan or soil
movement permit within one year from the date that the Warren Planning
Board or the Warren Zoning Board of Adjustment memorializes that land
development approval and the publication of that memorialization,
then in that event, the developer will provide the following notices
to adjoining property owners and others:
a.
Public Notice. Public notice of this construction, in a form approved
by the Township, shall be given by publication in the official newspaper
of the Township at least 20 days prior to the commencement of construction.
b.
Notice to Property Owners. Notice of this construction, in a form approved by the Township shall be given to the owners of all real property as shown on the current Township tax duplicate located within 200 feet in all directions of the property which is the subject of construction and whether located within or without the Township at least 20 days prior to the commencement of construction. The requirements of such notice to said property owners shall be subject to the provisions and regulations set forth in subsection 15-2.3e of this chapter, as the same may be amended in the future.
[Ord. No. 92-33]
The regulations, requirements, standards and procedures established
by this chapter shall be considered as minimums. In any particular
case where the protection and promotion of the public health, safety,
morals and welfare warrant, the appropriate board may impose greater
controls. If the developer can clearly demonstrate that because of
peculiar conditions pertaining to his land, the literal enforcement
of one or more of these controls is impracticable or will exact undue
hardship, the Planning Board or Zoning Board of Adjustment may by
resolution permit such variance as may be reasonable and within the
general purpose and intent of the regulations, standards and procedures
established by this chapter.
[Ord. No. 92-33]
All applications for development approval or classification
presently pending before the Planning Board or Zoning Board of Adjustment
shall, prior to action thereon by the respective Board, be revised
to whatever degree is necessary to comply with this chapter. All applications
for final approval now pending or made subsequent for subdivision
and site plans for which preliminary approval has been granted prior
to the effective date of this chapter shall conform with all provisions
of the standard improvement requirements.
[Ord. No. 92-33]
If final approval has not been granted and any person transfers
or sells or agrees to sell, except pursuant to an agreement expressly
conditioned on final approval, as owner or agent, any land which forms
a part of a subdivision on which, by ordinance, the Planning Board
or Zoning Board of Adjustment approval is required, such person shall
be subject to a fine not to exceed $1,000, or imprisonment for a period
of not exceeding 90 days or both. The minimum fine for the violation
shall be $100. Each parcel, plot or lot so disposed, shall be deemed
a separate violation.
[Ord. No. 92-33]
In addition to the foregoing, if the streets in the subdivision
are not such that a structure on said land in the subdivision would
meet requirements for a building permit under Section 3 of the Official
Map and Building Permit Act, (1953), the Township may institute and
maintain a civil action:
a.
For injunctive relief.
b.
To set aside and invalidate any conveyance made pursuant to such
contract for sale if a certificate of compliance has not been issued
in accordance with N.J.S.A. 40:55D-44.
c.
Concealing Ownership Interest; Fine. Any corporation or partnership
which conceals the names of the stockholders owning 10% or more of
its stock, or of the individual partners owning a 10% or greater interest
in the partnership, as the case may be, shall be subject to a fine
of $1,000 to $10,000 which shall be recovered in the name of the municipality
in any court of record in the State in a summary manner pursuant to
"The Penalty Enforcement Law" (N.J.S.A. 2A:58-1 et seq.).
[Ord. No. 92-33; Ord. No. 96-7 § 1; Ord. No. 08-24 § 2]
The Township Committee views this violation to be particularly
detrimental to the welfare of Warren Township. The maximum penalty
for the violation of this subsection shall be upon conviction, a fine
not to exceed $2,000 or imprisonment for a period not exceeding 90
days or both. The minimum fine for the violation of this subsection
shall be $100. Each and every day in which a violation of any provision
of this subsection takes place shall constitute a specific violation
for the purposes of a penalty.
[Ord. No. 92-33]
If any section, subsection, sentence, paragraph, clause or phrase
of this chapter is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this chapter.
[Ord. No. 92-33]
All ordinances or parts of ordinances relating to planning and
zoning, other than the Zoning Ordinance of the Township, which are
inconsistent with the provisions of this ordinance are hereby repealed
to the extent of such inconsistency. Former Chapters 9, 13, 15 and
17[1] of the Revised General Ordinance of Warren Township are
expressly repealed.
