[1975 Code § 100-1; Ord. No. 014-78]
This chapter shall be known and may be cited as "Land Subdivision."
[1975 Code § 100-2; Ord. No. 014-78]
a.
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision and building development in
the Borough in order to promote the public health, safety, convenience
and general welfare of the municipality. It shall be administered
to ensure the orderly growth and development, conservation, protection
and proper use of land in the Borough and to adequately provide for
circulation, utilities and services.
[1975 Code § 100-3; Ord. No. 014-78]
This chapter shall not be deemed or construed to repeal, abrogate
or annul or in any way impair or interfere with existing laws of the
State of New Jersey or ordinances of the Borough of Allentown, except
those specifically repealed by this chapter, or with covenants, restrictions,
conditions and easements running with the land to which the Borough
is a party. Where this chapter imposes a greater restriction upon
the land than is imposed or required by such existing covenants, restrictions,
conditions and easements or existing provisions of law, ordinances
or deeds of conveyance, the provisions of this chapter shall control.
[1975 Code § 100-4; Ord. No. 014-78]
The approval provisions of this chapter shall be administered
by the Planning Board and the Zoning Board of Adjustment in accordance
with the powers and provisions of the land use procedures, which ordinance
was adopted in accordance with Chapter 291 of the Laws of New Jersey
1975. Approval of final plats by the approving agency shall not constitute
an acceptance of proposed dedications of land for streets, parks and
other public uses or purposes without specific acceptance thereof
by the Borough Council.
[1975 Code § 100-5; Ord. No. 014-78; Ord. No. 03-81]
a.
As used in this chapter, the following terms shall have the meanings
indicated hereinafter:
- ADMINISTRATIVE OFFICER
- Shall mean the Secretary of the Planning Board and the Zoning Board of Adjustment, unless the use of the term in this chapter clearly means some other officer or officers of the Borough.
- ALLEY
- Shall mean a public passageway for foot or vehicular traffic, but not of a through nature and as distinguished from a street, intended for access to property(ies) contiguous for such purposes as parking, deliveries, emergency vehicle access or household waste collection.
- CLEAR-SIGHT DISTANCE
- Shall mean a line of unobstructed vision from a point four and one-half (4 1/2) feet above the center line of a street or alley to the nearest point on the top of an object four inches high on the same center line.
- DRAINAGE RIGHT-OF-WAY
- Shall mean the lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1A and/or 16A of Title 58 of the Revised Statutes.
- EASEMENT
- Shall mean the grant of the right to use private land for certain public or quasi-public purposes.
- FINAL PLAT
- Shall mean the final map of all or a portion of the subdivision, which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper County recording officer.
- FLOOD FRINGE AREA
- Shall mean the land area subject to flooding.
- FLOODPLAIN
- Shall mean nearly level land occupying the bottom of the valley of an existing stream and subject to flooding, unless protected artificially; the stream channel and portions of the adjacent land necessary to preserve the natural flood regime of a stream for the reasonable passage of a 100 year design flood.
- FLOODPLAIN AREA HAVING SPECIAL FLOOD HAZARDS
- Shall mean the maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years; i.e., that has a 1% chance of being flooded each year.
- FLOODPLAIN OR FLOOD FRINGE AREA
- Shall mean the land area adjoining a river, stream, watercourse or lake which is likely to be flooded.
- LOT
- Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law, and to be used, developed or built upon as a unit.
- MAINTENANCE GUARANTEE
- Shall mean any security in form and substance similar to a performance guarantee, exclusive of cash deposits, guaranteeing the maintenance of required installed improvements for a period of not more than two years after approval and acceptance by the Borough in accordance with this chapter and the land use procedures regulations of Allentown Borough.
- MAJOR SUBDIVISION
- Shall mean any subdivision not classified as a minor subdivision.
- MASTER PLAN
- Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in Chapter 291 of the Laws of New Jersey 1975.
- MINOR SUBDIVISION
- Shall mean any subdivision resulting in a total of not more than three lots (two new lots in addition to the remainder) fronting on an existing street and not involving any new street or road or the extension of off-tract municipal facilities where the applicant is bearing part of the cost for such improvements on a prorated basis nor in conflict with any provision or part of the Master Plan, Official Zoning Map, zoning regulations, or this chapter. In addition thereto, all planned developments, as defined by P.L. 1975, c.291, where subdivision or resubdivision approval is required shall be major subdivisions.
- OFFICIAL MAP
- Shall mean a map adopted by ordinance pursuant to Chapter 291 of the Laws of New Jersey 1975 or any other prior act authorizing such adoption.
- OWNER
- Shall mean:
- 1. Any individual, firm, association, syndicate, copartnership or corporation having good and sufficient title or interest in the title to the land sought to be subdivided may commence and maintain proceedings to subdivide lands under this chapter.
- 2. The legal or beneficial owner or owners of a lot or any land proposed for development by an applicant filing an application for development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
- OFF-SITE, OFF-TRACT, ON-SITE, ON-TRACT
- Shall mean as defined by Chapter 29 of the Code of the Borough of Allentown, New Jersey.
- PERFORMANCE GUARANTEE
- Shall mean any security, which may be accepted by a municipality, including cash; provided that a municipality shall not require more than 10% of the total performance guarantee in cash.
- PLANTING STRIP
- Shall mean the area between the sidewalk pavement and the property line or between the curb and sidewalk pavement.
- PLAT
- Shall mean a map or maps of a subdivision or site plan.
- PRELIMINARY PLAT
- Shall mean the preliminary map indicating the proposed layout of the subdivision drawn in accordance with the requirements of this chapter and as provided for in the land use procedures regulations.
- RESUBDIVISION
- Shall mean 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 the alteration of any streets or establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances of existing contiguous lots by deed or other instrument to combine them into one lot under a common ownership so long as only one use exists on the combined lot or multi-uses as allowed by the zoning regulations.
- SKETCH PLAT
- Shall mean the plat of a subdivision to be of sufficient accuracy for the purposes of discussion and classification meeting the requirements of this chapter.
- STREET
- Shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing State, County or municipal roadway; or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action of the Governing Body or the Planning Board; or a street or way on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, specifically including the land between the street lines and within the right-of-way, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street right-of-way, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within street lines.
- SUBDIVIDER
- Shall mean:
- 1. 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, itself or for another.
- 2. The legal or beneficial owner or owners of a lot or any land proposed for development by an applicant filing an application for development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
- SUBDIVISION
- Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets or the extension of municipal improvements are involved:
- 1. Divisions of land found by the Planning Board to be solely for agricultural purposes, where all resulting parcels are five acres or larger in size, and will remain in agricultural use.
- 2. Divisions of property by testamentary or intestacy provisions.
- 3. Divisions of property upon court order, including but not limited to judgments of foreclosure.
- 4. Conveyances so as to combine existing contiguous lots by deed or other recorded instrument into common ownership.
- 5. The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and certified by the administrative officer of the municipality to conform to the requirements of all municipal development regulations, that are shown and designated as separate lots, tracts or parcels on the Official Tax Map of the Borough.
b.
Terms Not Defined Herein. All other terms not specifically defined
within this chapter or the land use procedures regulations of Allentown
Borough or specifically defined in Chapter 291 of the Laws of New
Jersey 1975 shall have their common dictionary meanings.
[1975 Code § 100-6; Ord. No. 014-78]
a.
Any owner of land within the Borough shall, prior to subdividing
or resubdividing land, as defined in this chapter, submit to the Secretary
of the Planning Board, at least two weeks prior to the regular meeting
of the Board, 15 copies of a sketch plat of the proposed subdivision
for purposes of classification and preliminary discussion and arrange
to pay the application fee.
b.
If classified and approved as a minor subdivision by unanimous action
of the Planning and Zoning Board of Adjustment, a notation to that
effect will be made on the sketch plat. Where County Planning Board
approval is required, it will be forwarded to that Board for its consideration.
The plat will then be forwarded to the Chairman of the Planning Board
and the Secretary of the Planning Board for their signatures and returned
to the subdivider within one week following the next regular meeting
of the Planning Board. No further Planning Board approval shall be
required. Recording shall be in accordance with the land use procedures
regulations of the Borough.
c.
The Secretary of the Planning Board shall make distribution of the
copies of the sketch plat to each of the following:
[1975 Code § 100-7; Ord. No. 014-78]
a.
At least 12 black on white prints of the preliminary plat, together with five completed application forms for preliminary approval, shall be submitted to the Secretary of the Planning Board two weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing the plat, a filing fee determined in accordance with the fee schedule of the land use procedures (codified as subsection 28-4.9) shall be paid. All fees shall be payable to the Borough Collector-Treasurer or the Deputy Borough Clerk who shall promptly notify the Secretary of the Planning Board of all fees received.
b.
Notice shall be in compliance with the land use procedures regulations
of the Borough.
c.
Copies of the preliminary plat shall be forwarded by the Secretary
of the Planning Board prior to the hearing to the following persons:
1.
Secretary of County Planning Board.
2.
Borough Engineer.
3.
Planning Board Engineer.
4.
Secretary of Board of Health.
5.
Environmental Commission.
6.
Shade Tree Advisory Committee.
7.
Fire Chief or designated fire officer.
8.
Police Chief.
9.
Such other municipal, County or State officials as directed by the
Planning Board.
10.
Historic Preservation Review Commission.
d.
If the Planning Board acts favorably on a preliminary plat, the Chairman
and Secretary of the Planning Board shall affix their signature to
the plat with a notation that it has received preliminary approval
and return it to the subdivider for compliance with final approval
requirements.
e.
After approval of the preliminary plat of a major subdivision and
prior to the start of construction of any of the improvements required
by the provisions of this chapter if the developer seeks to install
the improvements prior to bonding the improvements and prior to obtaining
final approval, the developer shall tender to the Borough Council
a fee, in cash, of 5% of the estimated costs of the improvements to
cover costs of the engineering inspection thereof.
[1975 Code § 100-8; Ord. No. 014-78]
Before consideration of a final subdivision plat, the subdivider shall have installed the improvements required under subsection 30-11.2. The Planning Board shall require the posting of adequate performance guarantees in accordance with the land use procedures regulations to assure the installation of the required improvements.
[1975 Code § 100-9; Ord. No. 014-78]
a.
The final plat shall be submitted to the Secretary of the Planning
Board for final approval within three years from the date of preliminary
approval. The Secretary of the Planning Board shall immediately notify
the Planning Board upon receipt of a final plat, and the Planning
Board shall act upon the final plat within the time prescribed by
the land use procedures regulations.
b.
The original tracing, one translucent tracing copy, two cloth prints,
12 blue-on-white prints and five copies of the application form for
final approval shall be submitted to the Secretary of the Planning
Board at least two weeks prior to the date of a regular Planning Board
meeting. Unless the preliminary plat was approved without changes,
the final plat shall have incorporated all changes or modifications
required by the Planning Board.
c.
The final plat shall be accompanied by a statement by the Borough
Engineer that he is in receipt of a map showing all utilities in exact
location and elevation, identifying those portions already installed
and those to be installed, and that the subdivider has complied with
one or both of the following:
d.
Any plat which requires County Planning Board approval shall be forwarded
to the County Planning Board for its action prior to final approval
by the Planning Board.
e.
If the Planning Board approves the final plat, a notation to that
effect shall be made on each plat and shall be signed by the Chairman
and the Secretary of the Planning Board.
f.
Failure of the Planning Board to act within the allotted time or
a mutually agreed upon extension shall be deemed to be favorable approval,
and the Secretary of the Planning Board shall issue a certificate
to that effect.
h.
The final plat, after final approval, shall be filed by the subdivider
with the County Recording Officer in accordance with the requirements
of the land use procedures and the applicable New Jersey Statutes.
[1975 Code § 100-10; Ord. No. 014-78]
The sketch plat shall be based on a deed description and a survey
with metes and bounds of the minor subdivision plotted at a scale,
preferably not less than 100 feet to the inch to be shown on one sheet,
and shall show or include the following information:
a.
The location of that portion which is to be subdivided in relation
to the entire tract on a key map with all existing streets within
500 feet to be shown thereon.
b.
All existing structures, streets and wooded areas within the portion
to be subdivided and within 200 feet thereof.
c.
The name of the owner and of all adjoining property owners as disclosed
by the most recent municipal tax records.
d.
The tax map sheet, block and lot numbers or such other tax data as
is shown on the tax bill.
e.
All proposed lot lines and lot lines to be eliminated by the proposed
subdivision.
f.
The location, size and direction of flow of all streams, brooks,
drainage structures and structures and drainage ditches in the proposed
subdivision and within 200 feet of the boundary thereof.
g.
The location and width of all existing and proposed utility easements
within the proposed subdivision.
h.
Date, North point and scale of plat.
i.
Acreage of entire tract and of the area being subdivided.
j.
The number of new lots created.
k.
Name and address of owner, subdivider and person preparing plat.
l.
A copy of any existing or proposed covenants or deed restrictions
applying to the land being subdivided.
m.
The front yard setback line for all lots laid out on the sketch plat.
n.
All proposed lot lines, with the dimensions thereof, and the area
of all lots shown in square feet as determined by scale.
o.
Conservation easements proposed.
[1975 Code § 100-11; Ord. No. 014-78]
The preliminary plat shall be clearly and legibly drawn or reproduced
at a scale of not less than one inch equals 100 feet. Preliminary
plats shall be designed and drawn by a licensed New Jersey engineer
holding full or associate membership in the American Institute of
Planners.
The plat shall be designed in compliance with the provisions of Sections 30-10 and 30-11 of this chapter and shall show or be accompanied by the following information:
a.
A key map showing the entire subdivision and its relation to surrounding
areas, including proposed street patterns to existing and surrounding
streets.
b.
The tract name, tax map sheet, block and lot numbers or other data
as is shown on the tax bill, date, reference meridian, graphic scale
and the following names and addresses:
c.
Acreage of tract to be subdivided, to nearest tenth of an acre, number
of lots to be created and zoning district.
d.
Two foot scale elevations or contours to determine the general slope
and natural drainage of the land and the high and low points, and
tentative cross sections and center-line profiles for all proposed
new streets, curbing and sidewalks, all contour lines are to be referenced
to U.S. Coast and Geodetic Datum.
e.
The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drainpipes and any natural
features such as wooded areas and rock formations.
f.
Plans of proposed utility layouts (sewers, storm drains, water, gas
and electricity) showing feasible connections to existing or any proposed
utility systems. When an individual water supply or sewage disposal
system, or both, is proposed, the plan for such system must be approved
by the appropriate local, County or State health agency. Any subdivision
or part thereof which does not meet the established requirements of
this chapter or other applicable regulations shall not be approved.
Any remedy proposed to overcome such a situation shall first be approved
by the appropriate local, County or State health agency.
g.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
h.
All existing watercourses shall be shown and accompanied by the following
information or data:
1.
When a brook or stream is proposed for alteration, improvement or
relocation or when a structure or fill is proposed over, under, in
or along a running stream, evidence of submission and approval of
the improvement to the Department of Environmental Protection, Division
of Water Resources shall accompany the subdivision application.
2.
Cross sections of watercourses at an appropriate scale showing extent
of flood plain, (if defined), top of bank, normal water level and
bottom elevations at the following locations:
(a)
At any point where a watercourse crosses a boundary of the subdivision.
(b)
At 50 foot intervals for a distance of 300 feet upstream and
downstream of any proposed culvert or bridge within or adjacent to
the subdivision.
(c)
Immediately upstream and downstream of any point or juncture
of two or more watercourses.
(d)
At a maximum of 500 foot intervals along all watercourses which
run through or adjacent to the subdivision.
3.
When ditches, streams, brooks 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 on the plan or accompany it.
4.
The boundaries of the flood plains of all watercourses within or
adjacent to the subdivision (if defined).
i.
The total acreage in the drainage basin of any watercourse running
through or adjacent to a subdivision in the area upstream of the subdivision.
j.
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in the subdivision which drains
to the structure.
k.
The location and extent of drainage and conservation easements and
stream encroachment lines.
l.
The preliminary plat shall show or be accompanied by plans for any
storm drainage systems including the following:
1.
All existing or proposed storm sewer lines within or adjacent to
the subdivision showing size and profile of the lines, and the location
of each catch basin, inlet and manhole.
2.
The location and extent of any proposed dry wells, ground water recharge
basins, retention basins or other water conservation devices.
m.
Identification of lands to be dedicated or reserved for public use.
n.
The location and description of any other underground utilities and
the easements to accommodate them shall be clearly indicated on the
plan. All new utilities installed shall be underground.
o.
The locations and dimensions of existing and proposed watercourses,
railroad rights-of-way, bridges, culverts, drain pipes, and natural
features such as wooded areas, lake, ponds, and extensive rock formations.
The location and species of all existing individual specimen shade
trees over 15 feet in height throughout the subdivision shall be shown.
The height and diameter at a height two feet above ground level shall
be shown for the individual specimen shade trees. If the tract is
heavily and densely wooded, the general location of the wooded area
shall be shown on the plat together with a general note as to height,
species, and diameter of the trees within the densely wooded area.
p.
The names, locations and widths of existing and proposed streets,
easements, and rights-of-way in the subdivision.
q.
All proposed lot lines, with the dimensions thereof, and the areas
of all lots shown in square feet.
r.
Locations of all existing and proposed structures showing existing
and proposed front, rear and side yard dimensions. The names of adjacent
subdivisions if any and the owners of adjoining parcels of land.
s.
All parcels proposed for either general or limited public use, such
as parks, playgrounds, building sites, and the like, with their respective
areas to within one-hundredth of an acre and a statement of the purpose
of each.
t.
Proposed final construction plans and final construction profiles
at a scale of one inch equals 50 feet horizontal and one inch equals
five vertical showing the following detailed information to be approved
by the Planning Board Engineer:
1.
Existing elevations with a minimum contour interval of two feet when
slope exceeds 10% or one foot when slope is less than 10%.
2.
Proposed spot elevations or finished elevations at all property corners,
curb opposite property corners, corners of all proposed structures
or dwellings, first floor elevation of all proposed structures or
dwellings, drainage arrows designating direction of overland drainage
flow on each lot.
3.
Complete information for storm drainage and sanitary sewer system
including, but not limited to, invert, rim and top of casting elevation
for all drainage structures and size, length, class of pipe and slope
for all pipe.
4.
Slope, typical section, and materials of construction for all streams,
swales and ditches.
5.
Final street centerline profile grades, correct to 0.01 feet with
full information concerning vertical curve elevations.
6.
All centerline elevations of each street at a minimum interval of
50 feet.
7.
Complete construction details for all structures, including but not
limited to manholes, inlets, headwalls, yard drains, culverts, bridges,
and pumping stations.
8.
Complete off-site information including calculations concerning final
disposition of stormwater run-off from the downstream end of the property
being developed to a point 2,000 feet downstream of and from the property
being developed or the Borough boundaries, whichever is less. The
information shall include culverts, slopes and cross-section areas
for the length specified. Complete off-site information and disposition
of sanitary sewers; including connections of all proposed facilities.
[1975 Code § 100-12; Ord. No. 014-78]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals 100 feet and in compliance with all
the provisions of N.J.S.A. 46:23-9.9. The final plat to be titled
"Final Plat", shall show, be accompanied by, and conform to the following:
a.
A title containing the tract name, subdivision application number,
a key map showing the general location of the subdivision, tax map
sheet, block and lot number, date, North point, number of building
lots, written and graphic scales, acreage of the tract being subdivided,
and the names and addresses of the owner, the subdivider and the professional
engineer or licensed land surveyor who made the map.
b.
Certification by a professional engineer or land surveyor, licensed
to practice in the State of New Jersey, as to the accuracy of the
details of the plat, and that the outer boundaries of the tract are
surveyed.
c.
Certification in writing that the applicant is the owner or the authorized
agent of the owner of the land, or that the owner has given consent
by way of a written sales agreement or other form of written agreement,
the pertinent provisions thereof to be disclosed to the Planning Board
and Governing Body upon request.
d.
Tract boundary lines, exterior lines of streets, easements, and other
rights-of-way, street names, land reserved or dedicated to public
use, all lot lines and other site lines, with accurate dimensions,
bearings or deflection angles and radii, arcs, central angles and
tangents of all curves. All dimensions, both linear and angular; the
exterior boundaries of the subdivision; and all lots shall balance
and close within a limit of error of one in 10,000.
e.
The purposes of all easements and rights-of-way and all land reserved
for or dedicated to public use, and the proposed use of lots other
than residential shall be noted.
f.
Any building set-back lines.
g.
Block numbers and lot numbers in accordance with established standards
and in conformity with the Borough tax maps and as approved by the
Tax Assessor.
h.
The names, exact locations, and widths along the property lines of
all existing or recorded streets intersecting the tract boundaries
or lying within 200 feet thereof; the delineation, name and block
and lot numbers of all bordering subdivisions; the names of the owners
of all bordering unsubdivided acreage.
i.
Complete off-site information including calculations concerning final
disposition of stormwater run-off from the downstream end of the property
being developed to a point 2,000 feet downstream of and from the property
being developed or the Borough boundaries whichever is the greater
distance. The information shall include culverts, slopes and cross
section areas for the length specified. Complete off-site information
and disposition of sanitary sewers, including connections of all proposed
facilities.
j.
Existing elevations with a minimum contour interval of two feet when
slope exceeds 10% or one foot when slope is less than 10%.
k.
Proposed spot elevations or finished elevations at all property corners,
curb opposite property corners, corners of all proposed structures
or dwellings, first floor elevations of all proposed structures or
dwellings, drainage and arrows designating direction of overland drainage
flow on each lot.
l.
Complete information for storm drainage and sanitary sewer system
including, but not limited to, invert, rim and top of casting elevation
for all drainage structures and size length, class of pipe and slope
for all pipe.
m.
Slope, typical section, and materials of construction for all streams,
swales, ditches and the watercourses.
n.
Final centerline profile grades, correct to 0.01 feet with full information
concerning vertical curve elevations.
o.
All centerline elevations of each street at a minimum interval of
50 feet; cross sections and profiles of streets.
p.
Complete construction details for all structures, including but not
limited to, manholes, inlets, headwalls, yard drains, culverts, bridges
and pumping stations.
q.
Location and description of all survey monuments.
r.
Certifications of approval by the Governing Body, the Planning Board,
and all other bodies or agencies, approval by which are required by
law.
s.
Certificate by the tax collector that all taxes levied against the
land being subdivided have been paid to date.
t.
The location of the portion of the subdivision for which final approval
is required in relation to the entire subdivision of which it is a
part (if the subdivision is being completed in sections as shown on
the approved preliminary plat).
u.
Copy of executed restrictive covenants, easements and proposed restrictions
to the free use of the land to be recorded.
v.
Such other requirements as required by law, or the terms of the preliminary
approval.
[1975 Code § 100-13.1; Ord. No.
014-78]
Prior to the time that any owner or subdivider, his agents,
servants, employees or contractor shall install any of the required
improvements, the owner or subdivider, his agents, servants, employees,
or contractor shall be approved and accepted by the Borough Council
and provide the Borough Council with a prequalification statement
in respect to experience and financial ability to perform the scope
of the work to be performed or contracted for with the owner or subdivider.
The Borough Council reserves the right to refuse to allow the improvements
to be installed by any owner or subdivider, his agents, servants,
employees or contractor, where in the opinion of the Borough Council
such owner or subdivider, his agents, servants or employees or contractor
do not have sufficient experience or financial ability to perform
the work. The Borough Council in such an event, shall, within 15 days
of receipt of the pre-qualification form, state in writing its reasons
for such refusal.
[1975 Code § 100-13.2; Ord. No.
014-78]
Prior to the granting of final approval of a final plat, the
subdivider or developer shall have installed or furnished performance
guarantees for the installation of the following:
a.
Grading.
b.
Streets.
e.
Street lighting.
f.
Street signs.
g.
Landscaping and shade trees.
h.
Utilities including the installation of water mains or other means
of water supply, culverts, storm sewers, sanitary sewers or other
means of sewage disposal consistent with drainage structures, and
all appurtenances to such facilities properly connected with approved
systems of water supply, sewerage and stormwater drainage, as the
case may be and adequate to handle all present and probable future
development, shall be accomplished in accordance with the Master Plan
adopted by the Borough related thereto.
i.
Fire hydrants.
j.
Monuments.
k.
As built drawings.
l.
Off-site and off-tract improvements.
m.
All other requirements of preliminary approval.
[1975 Code § 100-13.3; Ord. No.
014-78]
Grades and cross sections shall be such as to provide for the
disposal of stormwater and such ground water seepage as may be encountered
all in accordance with the plans therefor, inclusive of the Soil Erosion
and Sediment Control Plan, approved at the time of approval of the
preliminary plat and as further approved or modified at the time of
approval of the final construction plans of the subdivision and as
may be required in the field by the Borough Engineer as the work progresses.
All construction stakes and grades thereon shall be set by a
licensed professional engineer or licensed land surveyor employed
by the owner or subdivider.
[1975 Code § 100-13.4; Ord. No.
014-78]
The subdivider shall, at his own expense, grade all streets in conformity with the terrain and good engineering practices; shall have all underground utilities installed prior to street paving; shall construct streets in accordance with the specifications below and the provisions of Chapter 14 of the Code of the Borough of Allentown and shall submit plans, profiles, cross sections and design for the work to the Borough Engineer for approval prior to starting any construction.
a.
Streets of 50 foot width shall be divided into a roadway area of
30 feet with a sidewalk area on each side of 10 feet. The sidewalk
area shall be graded to an elevation of two inches above the finished
center-line grade. Off-street parking shall be provided for the use
of any owners fronting on streets having a 30 foot roadway area. Whenever
the roadway area of any street is planned and constructed to be 34
feet with sidewalk area on each side of eight feet, then parking along
any such street shall be permitted, subject, however to the ordinance
power of the Borough with respect to the regulation of parking, which
power may be exercised at any time notwithstanding this provision
or any interference that might be otherwise drawn herefrom.
b.
The street roadway area shall be constructed for its full width with
a two inch compacted thickness bituminous concrete, Type FABC-1 pavement
surface course on a six inch compacted thickness macadam foundation
base course or six inches of bituminous[1] both constructed in accordance with Specifications for
Road and Bridge Construction 1961 and addenda.
The standard specifications are hereby supplemented to permit
the use of two and one-half (2 1/2) inch quarry blend stone in
the construction of the macadam base course where ground conditions
permit or require it.
[1]
Editor's Note: Stabilized base on approved subgrade.
[1975 Code § 100-13.5; Ord. No.
014-78]
Curbs shall be constructed of Class C concrete 4000 PSI air
entrained in accordance with New Jersey State Highway Department Standard
Specifications for Road and Bridge Construction 1961 and addenda.
They shall be constructed to approved line and grade and on approved
(prepared) subgrade. They shall have a top dimension of six inches,
a total depth of 20 inches, a bottom dimension of eight inches and
be constructed to have a face of curb from pavement to top of curb
of eight inches. All edging shall have a minimum of one inch radius.
Bituminous fiber expansion joints 1/2 inch thick shall be provided
at intervals of 20 feet. Full cut joints shall be provided at equal
spaces between expansion joints. Curb cuts and other accessibility
features must be provided as per ADA.
[1975 Code § 100-13.6; Ord. No.
014-78]
a.
Sidewalks shall have minimum width of four feet and four inches thickness
except at driveways and aprons where the sidewalks shall be six inches
in thickness. The sidewalk at driveways and aprons shall be reinforced
with six inch #6 gauge welded mesh reinforcement or equivalent placed
four inches below the finished sidewalk surface. Sidewalks shall be
constructed at the locations and to the prescribed lines and grades
as approved on the preliminary plat, but sidewalks shall be constructed
after the adjacent curb has first been installed. The subgrade shall
be smooth and even and shall be compacted by rolling and three-quarter
(3/4) inch broken stone shall be spread to a depth of not less than
four inches and compacted where directed by Borough Engineer. Concrete
for sidewalks shall be State Mix Class "B" air entrained 4000 PSI
concrete, and shall be manufactured in accordance with New Jersey
State Highway Department's Standard Specifications for Road and
Bridge Construction-1961 and addenda, and shall originate in a ready-mixed
plant that has been certified and approved by the National Ready-Mixed
Concrete Association.
Concrete shall be placed to a thickness of four inches, tamped,
screened, and finished to true grade. The finish shall be with a wood
float, followed by brushing with a set of soft-haired brushes to a
neat workmanlike surface. Expansion joints 1/2 inch wide shall be
provided at intervals of 16 feet and filled with preformed bituminous
expansion joint filler. Surface grooves shall be cut perpendicular
to the line of the sidewalk at intervals of eight feet and full cuts
at 16 foot intervals. Exposed edges shall be neatly rounded to a radius
of 1/2 inch.
The sidewalks will be located within the street right-of-way
one foot from the street right-of-way line as measured toward the
centerline of the street.
At street intersections the sidewalks shall be placed so that
pedestrian traffic can cross the street by stepping directly from
the sidewalk to street. The minimum width of the additional sidewalk
required at street intersection to effect this, shall be four feet.
b.
Driveways shall have a minimum width of 12 feet. The subgrade shall
be smooth and even and shall be compacted by rolling with a five ton
to eight ton roller after which bank run gravel shall be spread to
a depth of not less than three inches and compacted with a five ton
to eight ton roller. There shall be a four inch bituminous stabilized
base course with a one and one-half (1 1/2) inch type SM or FABC
surface course also compacted with a five ton to eight ton roller.
If concrete driveways are constructed, they will be 12 feet wide and
shall be six inches throughout. The entire length of the driveway
shall be reinforced (or equivalent) placed four inches below the finished
driveway surface. All driveways will be of adequate length and width
to provide off-street parking for a minimum of two cars and shall
slope a minimum of 1/4 inch per foot toward the street curb.
[1975 Code § 100-13.7; Ord. No.
014-78]
a.
Street lights shall be of a type and at locations approved by the
Planning Board and the electric utility company.
b.
Street lights shall be installed prior to certificates of occupancy
being issued. The cost of electricity for street lighting in all streets
within the development shall be paid for by the owner or subdivider
until such streets are accepted by the Borough.
[1975 Code § 100-13.8; Ord. No.
014-78]
a.
Street signs shall be installed within the street right-of-way wherever
two or more streets intersect.
b.
Streets signs shall be metal, and of the size and type standard within
the Borough.
c.
The signs shall be firmly placed on a two and one-half (2 1/2)
inch outside diameter, two inch inside diameter, galvanized steel
pipe. The pipe shall be a minimum length of 13 feet and shall be firmly
set in a concrete footing, eight inches diameter, to a depth of three
feet.
[1975 Code § 100-13.10; Ord. No.
014-78]
a.
No top soil shall be removed from the site or used as spoil. Top
soil moved during the course of construction shall be redistributed
on the surface to a minimum depth of six inches so as to provide an
even cover and shall be stabilized by seeding or planting within the
time period provided in the Soil Erosion and Sediment Control Plan
as submitted to the Planning Board by resolution adopted by it.
b.
Any tree on the site having a trunk diameter of more than four inches
at a height of five feet from the ground shall not be removed unless
such removal is in accordance with a plan approved by the Shade Tree
Commission.
c.
No tree stumps or portions of trees or limbs shall be buried on any
lots or streets.
d.
Shade trees shall be located outside the street right-of-way in accordance
with a plan approved by the Planning Board and Shade Tree Commission.
In approving the locations and types of shade trees, the Planning
Board shall consider:
e.
Living shade trees shall be located on each side of the street an
average distance of 50 feet apart, but not less than 35 feet nor more
than 75 feet apart. The minimum acceptable size for new or existing
shade trees shall be two inches to two and one-half (2 1/2) inches
in caliper on property at a height of six inches from the ground.
Trees shall be at least eight feet from any sidewalk, curb, gutter
and street pavement on the interior or dwelling side thereof, and
10 feet from a line which is directly under any utility lines or wires.
f.
Trees shall be of a type approved by the Shade Tree Commission.
g.
The Planning Board, after examination and review, may waive all or
any part of the provisions of this section because of exceptional
surrounding conditions after receiving a report from the Shade Tree
Commission.
h.
All owners or subdividers shall be required to consult with the Borough
Shade Tree Commission relative to the time and method of planting
the required shade trees before proceeding with the planting, and
the planting shall thereafter be done under the direct supervision
of the Allentown Borough Shade Tree Commission.
[1975 Code § 100-13.11; Ord. No.
014-78; Ord. No. 2006-08]
All shall comply with the provisions of this chapter.
a.
Cesspools. Cesspools or any other type of open or exposed sanitary
sewage systems are prohibited.
b.
Sanitary Sewer. All new development shall be connected to the Borough
sewer system where possible, and shall be adequate to handle all present
and probable future usage and development.
1.
All installations of sewer mains and connections thereto shall conform
as to size and grade and in detail to the Plumbing Code of the State
of New Jersey and current rules and regulations of the State Department
of Health or as they may be amended and supplemented after adoption
of this chapter.
2.
Upon letter of advice by the Borough Engineer or other properly designated
official that the sewer mains have been completed in accordance with
the standards herein set forth in a satisfactory way, the Mayor and
Borough Council shall acquire by dedication the improvement with all
of its component parts or so much the same as it deems best for the
benefit of the inhabitants of the Borough of Allentown, in the following
manner and on the following basis: The owner or owners shall give
a bill of sale to the Borough, transferring title absolutely to the
Borough of Allentown, or transfer of ownership may be accomplished
by incorporation in a deed conveying a street to the Borough.
c.
Septic Systems. Where allowed by the Planning Board for special reasons
proven by the developer, the location, size and type of septic systems
shall be in conformance with the laws, rules and regulations of the
New Jersey Department of Environmental Protection.
d.
Water. Water mains shall be connected to the Borough water system
and shall be installed in accordance with the following:
1.
Engineering requirements for all water extensions shall conform in
detail to the rules and regulations of the State Department of Health
as contained in its Rules and Regulations for Water Supplies.
2.
Ductile cement lined pipe, Class 52, 25 pounds per square inch minimum
pressure rated, its equivalent or better, of not less than six inches
in diameter meeting the specification of the American Water Works
Association shall be used.
3.
All joints shall be sealed with mechanical joint or push-on or its
equivalent.
4.
The depth of pipe beneath the surface shall be not less than three
feet six inches measured from the top of the pipe.
5.
Valves shall be furnished and installed with all fire hydrants.
6.
Water extensions must be of the same size pipe as the main being
tapped into; provided, however, that no pipe may be used that is less
than six inches in diameter.
7.
Water extensions on all house service connections to the curbline
shall be laid and compacted before surfacing at the street.
8.
No backfilling shall be done until the installed extension, fully
exposed, is examined by the Borough official whose approval is required.
[1975 Code § 100-13.11; Ord. No.
014-78]
Fire hydrants shall be installed at locations and of such type
and specifications as approved by the Borough Engineer, the Fire Insurance
Rating Organization of the State of New Jersey and/or the Fire Chief
or his approved designee. Hydrants shall be the improved type meeting
the requirements of A.W.W.A. Specification C-502 as manufactured by
the Mueller Company or approved equal or other as specified by the
Planning and Zoning Board of Adjustment Engineer and shall close with
the system pressure. A valve opening of four and one-half (4 1/2)
inch Mueller Company No. A-24009 shall be furnished for water mains
of eight inches in diameter and a valve opening four and one-half
(4 1/2) inch Mueller Company No. 1-24105 shall be furnished for
water mains 10 inches or greater in diameter. One four and one-half
(4 1/2) inch outlet and two two and one-half (2 1/2) inch
outlets with National Standard threads shall be provided. Hydrants
shall be furnished with hexagonal operating nuts. Hydrants shall be
set with the four and one-half (4 1/2) inch outlet facing the
street and the centerline of the outlet 16 inches above the finished
grade.
Hydrants shall be shop tested under 300 PSI applied above and
below the compression valve. Any hydrant showing sweating of metal
or leaking or any other defect shall be rejected. A break-off flange
and valve stem shall be provided at the ground line.
All parts of hydrants shall be interchangeable with similar
parts of hydrants of the same size and type. Hydrants shall be painted
to conform to the existing hydrants in the Borough.
[1975 Code § 100-13.12; Ord. No.
014-78]
The subdivider shall install surveyors' monuments of a
size and shape required by the provisions of N.J.S.A. 46:23-94. Such
monuments shall be placed in accordance with the above provisions
and shall be subject to approval of the Borough Engineer.
[1975 Code § 100-13.13; Ord. No.
014-78]
Upon completion of construction of the required improvements
and prior to the release of the performance bond the owner or developer
shall submit to the Borough Engineer final as built reproducible drawings
of all utility systems installed.
[1975 Code § 100-13.14; Ord. No.
014-78]
Where the Planning Board determines that off-site and off-tract improvements are to be installed by a developer as part of preliminary or final approval, such off-site and off-tract improvements shall be designed in accordance with the applicable provisions of this chapter as applies to on-site improvements and in accordance with the procedures for off-site and off-tract improvements provided for in Chapter 29 of the Code of the Borough of Allentown.
[1975 Code § 100-14; Ord. No. 014-78]
The provisions of Chapter 28 of the Code of the Borough of Allentown shall apply.
[1975 Code § 100-15; Ord. No. 014-78]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof, in addition to the requirements of the Master Plan
and ordinances of the Borough of Allentown, and the Official Map of
the County of Monmouth.
[1975 Code § 100-15.1; Ord. No.
014-78]
a.
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets.
b.
Streets shall be so designed as to discourage through traffic unless
a contrary intention is delineated on the Master Plan.
c.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this chapter shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated
or improved and dedicated if required by the Planning Board.
d.
The right-of-way width shall be measured from lot line to lot line
and shall not be less than 50 feet.
e.
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in the Borough Council under conditions
approved by the Planning Board.
f.
No street shall have a minimum grade of less than one-half of one
(1/2 of 1%) percent.
g.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than sixty (60°) degrees. The block
corners at intersections shall be rounded at the curbline with a curve
having a radius of not less than 25 feet.
h.
Street jogs with center line offsets of less than 125 feet shall
be prohibited.
i.
A tangent at least 100 feet long shall be introduced between reverse
curves on streets.
j.
When connecting street lines deflect from each other at any one point
by more than ten (10°) degrees and not more than forty-five (45°)
degrees they shall be connected by a curve.
k.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
l.
Dead-end streets (cul-de-sacs) shall not be longer than 600 feet
and shall provide a turnaround at the end with a radius of not less
than 60 feet and tangent whenever possible to the right side of the
street. If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
m.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the names of existing streets. The continuation
of an existing street shall have the same name.
[1975 Code § 100-15.2; Ord. No.
014-78]
a.
Block lengths and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area as hereinafter
stated, and to provide for convenient access, circulation control
and safety of street traffic.
b.
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Planning Board. Such walkways
shall be 10 feet wide and shall be straight from street to street.
c.
For commercial, group housing or industrial use, blocks shall be
sufficient to meet all area and yard requirements for such use.
[1975 Code § 100-15.3; Ord. No.
014-78]
a.
Lots in subdivisions shall have a minimum frontage and a minimum
depth in accordance with the zoning regulations.
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
c.
Each lot must front upon an approved and installed street.
d.
Where extra width has been dedicated for the widening of existing
streets, lots shall begin at such extra-width lines, and all setbacks
shall be measured from such lines.
e.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances, the Planning Board may, after
adequate investigation, withhold approval of such lots.
[1975 Code § 100-15.4; Ord. No.
014-78]
a.
In large-scale developments, easements along rear property lines
or elsewhere for utility installations may be required. Such easements
shall be at least 20 feet wide and shall be located in consultation
with the companies or municipal departments concerned.
b.
Where a subdivision is traversed by a watercourse drainageway channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way, conforming substantially to the lines of such watercourse,
and such further width or construction, or both, as will be adequate
for the purpose.
c.
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
d.
No buildings or dwellings shall be constructed in any right-of-way
or easement areas.
[1975 Code § 100-15.5; Ord. No.
014-78]
Wherever possible, subdividers shall preserve trees, groves,
waterways, scenic points, historic spots and other community assets
and landmarks.
[1975 Code § 100-15.7; Ord. No.
014-78]
If a subdivision cuts or abuts an area zoned for a use different
from the use permitted in the area of the subdivision, the Planning
Board shall consider the need to provide a separation to promote the
public safety and general welfare of the Borough. The Planning Board
may require:
a.
A buffer strip at least 100 feet in width to be shown on the plat
of the subdivision and conveyed to the Borough or maintained in common
ownership to be maintained in its natural state or planted with appropriate
trees or other buffering materials.
b.
Such other means of separation as the Planning Board may deem appropriate.
[1975 Code § 100-15.8; Ord. No.
014-78]
a.
Except as provided in this chapter, not more than one construction
permit shall hereafter be issued for any dwelling to be erected in
a housing development consisting of two or more houses if it is substantially
alike in exterior design and appearance with any neighboring dwelling
situated on the same or opposite side of the street within 150 feet
of a dwelling then in existence or for which a construction permit
has been issued or is pending. The distance herein specified shall
be construed to mean the distance between the street property lines
of the respective properties.
b.
Houses within such specified distance from each other shall be considered
uniform in exterior design and appearance if they have any one of
the following characteristics.
1.
The same basic dimensions and floor plans are used without substantial
differentiation of one or more exterior elevations.
2.
The height and design of the roofs are without substantial change
in design and appearance.
3.
The size and type of windows and doors in the front elevation are
without substantial differentiation.
c.
In addition, there shall be not less than two separate basic house
designs in every housing development consisting of eight or fewer
houses, not less than three basic house designs in every housing development
consisting of 15 or fewer houses, not less than five basic house designs
in every housing development consisting of 50 or fewer houses, not
less than six basic house designs in every housing development consisting
of 77 or fewer houses and not less than eight basic house designs
in every housing development consisting of 78 or more houses.
d.
To ensure conformity with the provisions of this chapter, no construction
permit shall hereafter be issued for more than one dwelling in any
housing development until the builder shall post or cause to be posted,
on each specific lot on the map of the subdivision on file with the
Construction Official, the type and model of each house for which
a construction permit has been or is being issued.
e.
The provisions, requirements and standards heretofore set forth shall
not be considered met where there is an attempt to make minor changes
or deviations from building plans and location surveys, which changes
show an obvious intent to circumvent the purpose of this section.
f.
Any construction to be performed within 200 feet of the Historic
Preservation District shall be referred to the Historic Preservation
Review Commission for their review and recommendation.
[Ord. No. 2006-08 § 30-13.1; Ord. No. 08-2007 § 30-13.1]
a.
Policy Statement. Flood control groundwater recharge, and pollutant
reduction through nonstructural or low impact techniques shall be
explored before relying on structural BMPs (Best Management Practices).
Structural BMPs should be integrated with nonstructural stormwater
management strategies and proper maintenance plans. Nonstructural
strategies include both environmentally sensitive site design and
source controls that prevent pollutants from being placed on the site
or from being exposed to stormwater. Source control plans 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 water quality, quantity, and groundwater
recharge.
b.
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for "major development," as defined in subsection 30-13.2.
c.
d.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued for subdivisions and site plans pursuant to this
section are to be considered an integral part of development approvals
under the subdivision and site plan review process and do not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this section shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This
section is not intended to interfere with, abrogate, or annul any
other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
[Ord. No. 2006-08 § 30-13.2; Ord. No. 08-2007 § 30-13.2]
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meaning they
have in common usage and to give this section its most reasonable
application. The definitions below are the same as or based on the
corresponding definitions in the Stormwater Management Rules at N.J.A.C.
7:8-1.2.
- CAFRA CENTERS, CORES OR NODES
- Shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
- CAFRA PLANNING MAP
- Shall mean the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
- COMPACTION
- Shall mean the increase in soil bulk density.
- CORE
- Shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
- COUNTY REVIEW AGENCY
- Shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County review agency may either be:
- DEPARTMENT
- Shall mean the New Jersey Department of Environmental Protection.
- DESIGNATED CENTER
- Shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
- DESIGN ENGINEER
- Shall mean a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
- DEVELOPMENT
- Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
- DRAINAGE AREA
- Shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
- EMPOWERMENT NEIGHBORHOOD
- Shall mean a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
- ENVIRONMENTALLY CRITICAL AREAS
- Shall mean an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
- EROSION
- Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
- IMPERVIOUS SURFACE
- Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
- INFILTRATION
- Shall mean the process by which water seeps into the soil from precipitation.
- Major development —
- Shall mean any development that provides for ultimately disturbing one or more acres of land or increasing impervious surface by one-quarter (1/4) acre or more. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
- MUNICIPALITY
- Shall mean any city, borough, town, township, or village.
- NODE
- Shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
- NUTRIENT
- Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
- PERSON
- Shall mean any individual, corporation, company, partnership, firm, association, Borough of Allentown, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- POLLUTANT
- Shall mean any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
- RECHARGE
- Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
- SEDIMENT
- Shall mean solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
- SITE
- Shall mean the lot or lots upon which a major development is to occur or has occurred.
- SOIL
- Shall mean all unconsolidated mineral and organic material of any origin.
- STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
- Shall mean an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.
- STATE PLAN POLICY MAP
- Shall mean the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
- STORMWATER
- Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
- STORMWATER RUNOFF
- Shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.
- STORMWATER MANAGEMENT BASIN
- Shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
- STORMWATER MANAGEMENT MEASURE
- Shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
- TIDAL FLOOD HAZARD AREA
- Shall mean a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
- URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
- Shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
- URBAN ENTERPRISE ZONE
- Shall mean a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
- URBAN REDEVELOPMENT AREA
- Shall mean previously developed portions of areas:
- WATERS OF THE STATE
- Shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
- WETLANDS OR WETLAND
- Shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
[Ord. No. 2006-08 § 30-13.3; Ord. No. 08-2007 § 30-13.3]
a.
Design and Performance Standards for Stormwater Management Measures.
1.
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in subsection 30-13.4. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
2.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
[Ord. No. 2006-08 § 30-13.4; Ord. No. 08-2007 § 30-13.4; Ord. No. 07-2012]
a.
The development shall incorporate a maintenance plan for the stormwater
management measures incorporated into the design of a major development
in accordance with subsection 30-13.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of subsections 30-13.4f and 30-13.4g:
1.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of subsections 30-13.4f and 30-13.4g may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under paragraph d,3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of subsections 30-13.4f and 30-13.4g that were not achievable on site.
e.
Nonstructural Stormwater Management Strategies.
1.
To the maximum extent practicable, the standards in subsections 30-13.4f and 30-13.4g shall be met by incorporating nonstructural stormwater management strategies set forth at subsection 30-13.4e into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in subsection 30-13.4e,2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
2.
Nonstructural stormwater management strategies incorporated into
site design shall:
(a)
Protect areas that provide water quality benefits or areas particularly
susceptible to erosion and sediment loss;
(b)
Minimize impervious surfaces and break up or disconnect the
flow of runoff over impervious surfaces;
(c)
Maximize the protection of natural drainage features and vegetation;
(d)
Minimize the decrease in the "time of concentration" from preconstruction
to post-construction. "Time of concentration" is defined as the time
it takes for runoff to travel from the hydraulically most distant
point of the watershed to the point of interest within a watershed;
(e)
Minimize land disturbance including clearing and grading;
(f)
Minimize soil compaction;
(g)
Provide low-maintenance landscaping that encourages retention
and planting of native vegetation and minimizes the use of lawns,
fertilizers and pesticides;
(h)
Provide vegetated open-channel conveyance systems discharging
into and through stable vegetated areas;
(i)
Provide other source controls to prevent or minimize the use
or exposure of pollutants at the site, in order to prevent or minimize
the release of those pollutants into stormwater runoff. Such source
controls include, but are not limited to:
(1)
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy subsection 30-13.4e,3 below;
(2)
Site design features that help to prevent discharge of trash
and debris from drainage systems;
(3)
Site design features that help to prevent and/or contain spills
or other harmful accumulations of pollutants at industrial or commercial
developments; and
(4)
When establishing vegetation alter land disturbance, applying
fertilizer in accordance with the requirements established under the
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and
implementing rules.
(5)
When retrofitting
private storm drains on existing storm drain inlets, which are in
direct contact with paving, repairing, construction or resurfacing
or alterations of facilities on private property to prevent the discharge
of solids and floatables (such as plastic bottles, cans, food wrappers,
or other litter) to the municipal separate storm sewer systems operated
by the Borough of Allentown or to waters of the State, so as to protect
public health, safety and welfare.
[a]
The Borough of Allentown prohibits the conduct
of persons in control of private property (except for a residential
lot with a permit use for a single-family residence) to authorize
the repaving, repairing (excluding the repair of 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 inlet either:
[b]
Design standards for private storm drain inlet
retrofitting shall be in accordance with subsection 30-13.4e.3.
3.
Site design features identified under subsection 30-13.4e,2(i)(2) 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 subsection 30-13.4e,3(c) below.
(a)
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:
(1)
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
(2)
A different grate, if each individual
clear space in that grate has an area of no more than seven (7.0)
square inches, or is no greater than 0.5 inches across the smallest
dimension.
[a]
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.
(b)
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 (7.0) square inches, or be no greater than one and
one-half (1.5) inches across the smallest dimension.
(c)
This standard does not apply:
(1)
Where the review agency determines 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;
(2)
Where flows from the water quality design storm as specified in subsection 30-13.4g,1 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:
(3)
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 subsection 30-13.4g,1; or
(4)
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.
4.
Any land area used as a nonstructural stormwater management measure to meet the performance standards in subsections 30-13.4f and 30-13.4g shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
f.
Erosion Control, Groundwater Recharge and Runoff Quantity Standards.
1.
This paragraph f contains minimum design and performance standards
to control erosion, encourage and control infiltration and groundwater
recharge, and control stormwater runoff quantity impacts of major
development.
(a)
The minimum design and performance standards for erosion control
are those established under the Soil Erosion and Sediment Control
Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b)
The minimum design and performance standards for groundwater
recharge are as follows:
(1)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at subsection 30-13.5, either:
[a]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
[b]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the 2-year storm is infiltrated.
(2)
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
(3) below.
(3)
The following types of stormwater
shall not be recharged:
[a]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/
unloaded, stored, or applied, areas where pesticides are loaded/unloaded
or stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
[b]
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
(4)
The design engineer shall assess the hydraulic impact on the
groundwater table and design the site so as to avoid adverse hydraulic
impacts, Potential adverse hydraulic impacts include, but are not
limited to, exacerbating a naturally or seasonally high water table
so as to cause surficial ponding, flooding of basements, or interference
with the proper operation of subsurface sewage disposal systems and
other subsurface structures in the vicinity or downgradient of the
groundwater recharge area.
(c)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at subsection 30-13.5, complete one of the following:
(1)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the 2-, 10-, and 100-year storm events do not exceed, at any point
in time, the preconstruction runoff hydrographs for the same storm
events;
(2)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the 2-, 10-,
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(3)
Design stormwater management measures so that the post-construction
peak runoff rates for the 2-, 10-, and 100-year storm events are 50,
75 and 80 percent, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed. The percentages
shall not be applied to post-construction stormwater runoff into tidal
flood hazard areas if the increased volume of stormwater runoff will
not increase flood damages below the point of discharge; or
(4)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs (1), (2) and (3) above shall only be
applied if the increased volume of stormwater runoff could increase
flood damages below the point of discharge.
2.
Any application for a new agricultural development that meets the definition of major development at subsection 30-13.2 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
g.
Stormwater Runoff Quality Standards.
1.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff by 80% of
the anticipated load from the developed site, expressed as an annual
average. Stormwater management measures shall only be required for
water quality control if an additional one-quarter (1/4) acre of impervious
surface is being proposed on a development site. The requirement to
reduce TSS does not apply to any stormwater runoff in a discharge
regulated under a numeric effluent limitation for TSS imposed under
the New Jersey Pollution Discharge Elimination System (NJPDES) rules,
N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES
permit from this requirement. The water quality design storm is one
and one quarter (1.25) inches of rainfall in two hours. Water quality
calculations shall take into account the distribution of rain from
the water quality design storm, as reflected in Table 1. The calculation
of the volume of runoff may take into account the implementation of
nonstructural and structural stormwater management measures.
|
Table 1: Water Quality Design Storm Distribution
| |||
|---|---|---|---|
|
Time (minutes)
|
Cumulative Rainfall (inches)
|
Time (minutes)
|
Cumulative Rainfall (inches)
|
|
0
|
0.0000
|
65
|
0.8917
|
|
5
|
0.0083
|
70
|
0.9917
|
|
10
|
0.0166
|
75
|
1.0500
|
|
15
|
0.0250
|
80
|
1.0840
|
|
20
|
0.0500
|
85
|
1.1170
|
|
25
|
0.0750
|
90
|
1.1500
|
|
30
|
0.1000
|
95
|
1.1750
|
|
35
|
0.1330
|
100
|
1.2000
|
|
40
|
0.1660
|
105
|
1.2250
|
|
45
|
0.2000
|
110
|
1.2334
|
|
50
|
0.2583
|
115
|
1.2417
|
|
55
|
0.3583
|
120
|
1.2500
|
|
60
|
0.6250
| ||
2.
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in subsection 30-13.7 or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in subsection 30-13.7. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey, 08625-0418.
3.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
R = A + B — (AxB)/100
Where
R = total TSS percent load removal from application of both
BMPs, and
A = the TSS percent removal rate applicable to the first BMP
B = the TSS percent removal rate applicable to the second BMP
|
Table 2: TSS Removal Rates for BMPs
| |
|---|---|
|
Best Management Practice
|
TSS Percent Removal Rate
|
|
Bioretention Systems
|
90
|
|
Constructed Stormwater Wetland
|
90
|
|
Extended Detention Basin
|
40-60
|
|
Infiltration Structure
|
80
|
|
Manufactured Treatment Device
|
See subsection 30-13.6c.
|
|
Sand Filter
|
80
|
|
Vegetative Filter Strip
|
60-80
|
|
Wet Pond
|
50-90
|
4.
If there is more than one on-site drainage area, the 80% TSS removal
rate shall apply to each drainage area, unless the runoff from the
subareas converge on site in which case the removal rate can be demonstrated
through a calculation using a weighted average.
5.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in subsections 30-13.4f and 30-13.4g.
6.
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in subsection 30-13.7.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8.
Special water resource protection areas shall be established along
all waters designated Category One at N.J.A.C. 7:9B, and perennial
or intermittent streams that drain into or upstream of the Category
One waters as shown on the USGS Quadrangle Maps or in the County Soil
Surveys, within the associated HUC14 drainage area. These areas shall
be established for the protection of water quality, aesthetic value,
exceptional ecological significance, exceptional recreational significance,
exceptional water supply significance, and exceptional fisheries significance
of those established Category One waters. These areas shall be designated
and protected as follows:
(a)
The applicant shall preserve and maintain a special water resource
protection area in accordance with one of the following:
(1)
A 300-foot special water resource protection area shall be provided
on each side of the waterway, measured perpendicular to the waterway
from the top of the bank outwards or from the centerline of the waterway
where the bank is not defined consisting of existing vegetation or
vegetation allowed to follow natural succession is provided.
(2)
Encroachment within the designated special water resource protection
area under paragraph (1) above shall only be allowed where previous
development or disturbance has occurred (for example, active agricultural
use, parking area or maintained lawn area). The encroachment shall
only be allowed where applicant demonstrates that the functional value
and overall condition of the special water resource protection area
will be maintained to the maximum extent practicable. In no case shall
the remaining special water resource protection area be reduced to
less than 150 feet as measured perpendicular to the top of bank of
the waterway or centerline of the waterway where the bank is undefined.
All encroachments proposed under this subparagraph shall be subject
to review and approval by the Department.
(b)
All stormwater shall be discharged outside of and flow through
the special water resource protection area 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.
(c)
If stormwater discharged outside of and flowing through the
special water resource protection area cannot 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., then the stabilization measures
in accordance with the requirements of the above standards may be
placed within the special water resource protection area, provided
that:
(1)
Stabilization measures shall not be placed within 150 feet of
the Category One waterway,
(2)
Stormwater associated with discharges allowed by this section
shall achieve a 95% TSS post-construction removal rate;
(3)
Temperature shall be addressed to ensure no impact on the receiving
waterway;
(4)
The encroachment shall only be allowed where the applicant demonstrates
that the functional value and overall condition of the special water
resource protection area will be maintained to the maximum extent
practicable;
(5)
A conceptual project design meeting shall be held with the appropriate
Department staff and Soil Conservation District staff to identify
necessary stabilization measures; and
(6)
All encroachments proposed under this subsection shall be subject
to review and approval by the Department.
(d)
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to subsection 30-13.4g,8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to subsection 30-13.4g,8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in subsection 30-13.4g,8(a)(1)above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
(e)
Subsection 30-13.4g,8 does not apply to the construction of one individual single family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
[Ord. No. 2006-08 § 30-13.5; Ord. No. 08-2007 § 30-13.5]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in the NRCS National Engineering Handbook Section 4 —
Hydrology and Technical Release 55 — Urban Hydrology for Small
Watersheds: or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coeffient" applies to both the NRCS methodology at subsection 30-13.5a,1(a) and the Rational and Modified Rational Methods at subsection 30-13.5a,1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 —
Urban Hydrology for Small Watersheds and other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
1.
The New Jersey Geological Survey Report GSR-32 A Method for Evaluating
Ground-Water Recharge Areas in New Jersey, incorporated herein by
reference as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at http:/www.state.nj.us/dep/njgs/; or at New Jersey Geological
Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey, 08625-0427;
(609) 984-6587.
[Ord. No. 2006-08 § 30-13.6; Ord. No. 08-2007 § 30-13.6]
a.
Standards for structural stormwater management measures are as follows:
1.
Structural stormwater management measures shall be designed to take
into account the existing site conditions, including, for example,
environmentally critical areas, wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone).
2.
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of subsection 30-13.8b.
3.
Structural stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement.
4.
At the intake to the outlet from the stormwater management basin,
the orifice size shall be a minimum of two and one-half (2 1/2)
inches in diameter.
b.
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by subsection 30-13.4 of this section.
[Ord. No. 2006-08 § 30-13.7; Ord. No. 08-2007 § 30-13.7]
a.
Technical guidance for stormwater management measures can be found
in the documents listed at paragraphs 1 and 2 below, which are available
from Maps and Publications, New Jersey Department of Environmental
Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey,
08625; (609) 777-1038.
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended.
Information is provided on stormwater management measures such as:
bioretention systems, constructed stormwater wetlands, dry wells,
extended detention basins, infiltration structures, manufactured treatment
devices, pervious paving, sand filters, vegetative filter strips,
and wet ponds.
2.
The New Jersey Department of Environmental Protection Stormwater
Management Facilities Maintenance Manual, as amended.
b.
Additional technical guidance for stormwater management measures
can be obtained from the following:
1.
The "Standards for Soil Erosion and Sediment Control in New Jersey"
promulgated by the State Soil Conservation Committee and incorporated
into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting
the State Soil Conservation Committee or any of the Soil Conservation
Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address,
and telephone number of each Soil Conservation District may be obtained
from the State Soil Conservation Committee, P.O. Box 330, Trenton,
New Jersey, 08625; (609) 292- 5540;
2.
The Rutgers Cooperative Extension Service, (732) 932-9306; and
3.
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a).
4.
The location, address, and telephone number of each Soil Conservation
District may be obtained from the State Soil Conservation Committee,
P.O. Box 330, Trenton, New Jersey, 08625, and (609) 292-5540.
[Ord. No. 2006-08 § 30-13.8; Ord. No. 08-2007 § 30-13.8]
a.
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management basins.
This subsection applies to any new stormwater management basin.
b.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management basin to
ensure proper functioning of the basin outlets in accordance with
the following:
(a)
The trash rack shall have parallel bars, with no greater than
six inch spacing between the bars.
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure.
(c)
The average velocity of flow through a clean trash rack is not
to exceed two and one-half (2.5) feet per second under the full range
of stage and discharge. Velocity is to be computed on the basis of
the net area of opening through the rack.
(d)
The trash rack shall be constructed and installed to be rigid,
durable, and corrosion resistant, and shall be designed to withstand
a perpendicular live loading of 300 lbs./ft. sq.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 lbs./ft. sq.
3.
For purposes of this paragraph 3, escape provisions means the permanent
installation of ladders, steps, rungs, or other features that provide
easily accessible means of egress from stormwater management basins.
Stormwater management basins shall include escape provisions as follows:
(a)
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in subsection 30-13.8c a freestanding outlet structure may be exempted from this requirement.
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than two and one-half (2 1/2) feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half (2 1/2) feet below the permanent water surface, and the second step shall be located one to one and one-half (1 1/2) feet above the permanent water surface. See subsection 30-13.8d. for an illustration of safety ledges in a stormwater management basin.
(c)
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
c.
Variance or Exemption from Safety Standards.
1.
A variance or exemption from the safety standards for stormwater
management basins may be granted only upon a written finding by the
appropriate reviewing agency (municipality, County or Department)
that the variance or exemption will not constitute a threat to public
safety.
d.
Illustration of Safety Ledges in a New Stormwater Management Basin.
 |
[Ord. No. 2006-08 § 30-13.9; Ord. No. 08-2007 § 30-13.9]
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 subsection 30-13.9c below as part of the submission of the applicant's application for subdivision or site plan 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 subdivision
or site plan review process by the municipal board or official from
which municipal approval is sought. That municipal board or official
shall consult the engineer retained by the Planning and/or Zoning
Board (as appropriate) 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.
Checklist Requirements. 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 1=200' or greater, showing 2-foot contour intervals.
The map as appropriate may indicate the following: existing surface
water drainage, shorelines, steep slopes, soils, erodible soils, perennial
or intermittent streams that drain into or upstream of the Category
One waters, wetlands and flood plains along with their appropriate
buffer strips, marshlands and other wetlands, pervious or vegetative
surfaces, existing manmade structures, roads, bearing and distances
of property lines, and significant natural and manmade features not
otherwise shown.
2.
Environmental Site Analysis. A written and graphic description of
the natural and manmade features of the site and its environs. 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 Plan(s). 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 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 of proposed
changes in natural conditions may also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of subsections 30-13.3 through 30-13.6 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be 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 predevelopment and post-development conditions for the design storms specified in subsection 30-13.4 of this section.
(b)
When the proposed stormwater management control measures (e.g.,
infiltration basins) depends on the hydrologic properties of soils,
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 subsection
30-13.10.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the Municipal Engineer, waive submission of any of the requirements in subsections 30-13.9c,1 through 30-13.9c,6 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.
[Ord. No. 2006-08 § 30-13.10; Ord. No. 08-2007 § 30-13.10; Ord. No. 12-2018]
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). Maintenance guidelines for stormwater
management measures are available in the New Jersey Stormwater Best
Management Practices Manual. If the maintenance plan identifies a
person other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's agreement to assume
this responsibility, or of the developer's obligation to dedicate
a stormwater management facility to such person under an applicable
ordinance or regulation.
3.
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.
4.
If the person responsible for maintenance identified under subsection
30-13.10b,2 above is not a public agency, the maintenance plan and
any future revisions based on subsection 30-13.10b,7 below shall be
recorded upon the deed of record for each property on which the maintenance
described in the maintenance plan must be undertaken.
5.
Preventative and corrective maintenance shall be performed to maintain
the function of the stormwater management measure, including repairs
or replacement to the structure; removal of sediment, debris, or trash;
restoration of eroded areas; snow and ice removal; fence repair or
replacement; restoration of vegetation; and repair or replacement
of nonvegetated linings.
6.
The person responsible for maintenance identified under subsection
30-13.10b,2 above shall maintain a detailed log of all preventative
and corrective maintenance for the structural stormwater management
measures incorporated into the design of the development, including
a record of all inspections and copies of all maintenance-related
work orders.
7.
The person responsible for maintenance identified under subsection
30-13.10b,2 above shall evaluate the effectiveness of the maintenance
plan at least once per year and adjust the plan and the deed as needed.
8.
The person responsible for maintenance identified under subsection
30-13.10b,2 above shall retain and make available, upon request by
any public entity with administrative, health, environmental, or safety
authority over the site, the maintenance plan and the documentation
required by subsections 30-13.10b,6 and 30-13.10b,7 above.
9.
The requirements of §§ 30-13.10b3 and 30-13.10b4
do not apply to stormwater management facilities that are dedicated
to and accepted by the municipality or another governmental agency.
10.
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 or her
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.
[Amended 2-26-2019 by Ord. No. 06-2019]
11.
Responsibility for operation and maintenance of stormwater management
facilities, including periodic removal and disposal of accumulated
particulate material and debris, shall remain with owner or owners'
property within permanent arrangements that it shall pass to any successive
owner, unless assumed by a government agency. If portions, of the
land are to be sold, legally binding arrangements shall be made to
pass the basic responsibility to successors in title. These arrangements
shall be designate for each project the property owner, governmental
agency or other legally established entity to be permanently responsible
for maintenance, hereinafter in this section referred to as the responsible
person.
12.
The owner of a private stormwater facility is required to inspect
the facility after each major storm event and perform any maintenance
and/or repairs that may be required in addition to routine mowing
and removal and disposal of accumulated debris from the facility.
"Major storm event" shall mean the occurrence of rainfall within the
Borough of more than 1.50 inches of precipitation within any one-hour
period or the occurrence of a two-year storm within the Borough as
defined by the National Oceanic and Atmospheric Administration, whichever
is lesser. The Borough shall inspect the facility once per year and
maintain a log to demonstrate compliance with maintenance requirements
and any actions taken by the Borough to enforce compliance. If inspection
reveals that maintenance has not been maintained by the owner of the
stormwater facility, then the Borough Official will issue an order
to correct the deficiency within 30 days. If the deficiency is not
corrected within 30 days, the Borough will correct the deficiency
and recover the cost under the Property Maintenance Section of the
Borough Code. The Borough, in its discretion, may extend the time
allowed for effecting maintenance and repair for good cause as approved
by the Borough Engineer or his/her designee.
[Amended 2-26-2019 by Ord. No. 06-2019]
13.
The applicant shall enter into any agreement with the Borough
(or County) to ensure the continued operation and maintenance of the
facility. This agreement shall be in a form satisfactory to the Borough
Attorney, and may include, but may not necessarily be limited to,
personal guarantees, deed restrictions, covenants, and bonds, in case
where property subdivided and sold separately, a homeowners association
or similar permanent entity governmental agency to assume responsibility.
(a)
An applicant seeking approval for construction of a stormwater
management facility shall provide the funds necessary to permanently
maintain the facility. The amount necessary to permanently maintain
the facility shall be calculated by the Planning Board Engineer based
upon current estimates for maintenance with an annual increase of
4%. The Planning Board Engineer shall also assume that the investment
will yield a return equal to the ninety day certificate of deposit
interest rate paid by the Borough' s official depository bank on the
date the calculation is made.
[Amended 2-26-2019 by Ord. No. 06-2019]
(b)
The form of security for the maintenance of the facility shall
be approved by the municipal officer and Finance Officer.
14.
Dedication of Facilities. Where required, the stormwater management
facilities shall be dedicated to the Borough of Allentown as a drainage
easement or right-of-way. Detention or retention facility dedication
shall be 15 feet from the top of bank of facilities constructed in
fill, inlet and outlet piping and maintenance access shall be contained
within thirty-foot-side, minimum, drainage utility easements. No relocation,
construction or reconstruction shall take place within the area of
the easement, nor shall any structures be located within such area,
nor shall any action be taken which may alter or impair the effectiveness
of present or future drainage facilities without prior approval from
the Borough Council.
15.
Surface Water Runoff Control Plan Standards for Residential
Lots.
(a)
All blocks and lots in all subdivisions shall be graded to secure
proper drainage away from building and to prevent the collection of
pools of stormwater. Finished floor elevation and exterior grading
shall be shown on all lots.
(b)
At the time of application to the Borough Construction Code
Official for a building permit for any building within an individual
lot or part of an approved subdivision or site plan, the applicant
shall submit a Surface Water Runoff Control Plan to the Borough Engineer
for review and approval.
c.
At a minimum, the following items are required as part of the Surface
Water Runoff Control Plan:
1.
An outbound survey, inclusive of all easements, of the property on
which the structure is proposed, as prepared by a New Jersey licensed
land surveyor, indicating the name and the development and/or applicant,
Tax Map, lot, block and street address. The scale of the survey shall
be no smaller than one inch equals 30 feet.
2.
Footprint of the proposed dwelling unit.
3.
The basement elevation, garage elevation, and finished floor elevation
of the proposed building upon USGS MSL data. Spot grades should be
provided at all corners of the building footprint and garage apron.
4.
Data showing that the lowest finished floor of the structure, including
the basement, is at least one foot above the delineated one hundred-year
flood elevation of any watercourse on or near the property, or one
foot above the seasonal high water table, as determined by test pit,
soil boring, or investigative work done in conjunction with a disconnected
on-site individual sewage disposal system.
5.
Provision of sufficient, existing and proposed contour lines and
spot elevations to show the direction of surface water runoff, yard
slopes greater than 2% or less than one vertical to three horizontal,
elimination of any standing water conditions and grading which will
not adversely impact adjoining properties.
6.
The location of proposed potable water and sanitary sewer services
or potable water supply water well, and a disconnected on-site individual
sewage disposal system. The applicant shall show the location of any
proposed sump pump pit and the point of discharge on the property.
7.
Driveway location.
d.
Any or all the above standards may be waived by the Borough Engineer,
as site conditions may require. An acceptable Surface Water Runoff
Control Plan report must be issued by the Borough Engineer prior to
the issuance of a building permit by the Borough Construction Code
Official.
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.
[Ord. No. 2006-08 § 30-13.11; Ord. No. 08-2007 § 30-13.11]
[Ord. No. 2006-08 § 30-13.12; Ord. No. 08-2007 § 30-13.12]
This section shall take effect immediately upon the approval
by the County review agency, or 60 days from the receipt of the ordinance
by the County review agency if the County review agency should fail
to act.
[Ord. No. 2006-08 § 30-13.13; Ord. No. 08-2007 § 30-13.13]
If the provisions of any subsection, paragraph, subdivision,
or clause of this section shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any subsection, paragraph, subdivision, or clause
of this section.
[1975 Code § 100-16; Ord. No. 014-78]
No permit for the erection of any building shall be issued unless
the building abuts a street giving access to such proposed structure
which has been duly placed on the Official Map, or, if there is no
Official Map, unless such street is:
a.
An existing State, County or municipal street or highway; or
b.
A street shown upon a plat approved by the Governing Body or Planning
Board, as provided in the Municipal Land Use Law or any act repealed
thereby; or
c.
A street on a plat duly filed in the office of the County Recording
Officer prior to the passage of an ordinance under the Municipal Planning
Act (1953) or any act repealed thereby which required prior approval
of plats by the Governing Body.
[1975 Code § 100-17; Ord. No. 014-78]
These rules, regulations and standards shall be considered the
minimum requirements for the protection, promotion and conservation
of the public health, morals, safety and general welfare of the citizens
of the Borough. Any action taken by the Planning Board under the terms
of this chapter shall give primary consideration to the abovementioned
matters and to the welfare of the entire community. However, if the
subdivider or developer can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one
or more of these regulations is impractical or will exact undue hardship,
the Planning Board may permit such waiver or waivers as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter and as such shall not be
in conflict with the provisions of any other ordinance of the Borough.
[1975 Code § 100-18; Ord. No. 014-78]
Whenever reference is made to Chapter Laws of the New Jersey
Statutes such reference shall be construed as including the words
"as it may be amended or supplemented."
[1975 Code § 100-19; Ord. No. 014-78]
a.
If, before final approval has been obtained, any person transfers
or sells or agrees to sell, as owner or agent, any land which forms
a part of a subdivision on which, by ordinance, the Planning Board
is required to act, such person shall be subject to a fine not to
exceed $1,000 and each parcel, plot or lot so disposed of shall be
deemed a separate violation. In addition thereto, the Borough may
invoke such other relief as is provided in N.J.S.A. 40:55D-55.
b.
In addition to the foregoing, if the streets in the subdivision are not such that a structure on such land in the subdivision would meet requirements for a building permit under the provisions set forth in Section 30-19, being in accord with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. or as it may be amended or supplemented, the Borough may institute or maintain a civil action:
1.
For injunctive relief.
2.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale or as a result of a sale if a certificate of compliance
has not been issued in accordance with the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land from which the
subdivision was made that remains in the possession of the subdivider
or his assigns or successors, to secure the return of any deposit
made or purchase price paid, and also a reasonable search fee, survey
expense and title-closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of the land, or within six years if
unrecorded.
[1975 Code § 100-20; Ord. No. 014-78]
All applications for minor and major subdivisions filed prior
to the effective date of this chapter on which preliminary or final
subdivision approval has not been granted shall be subject to the
provisions of this chapter.
[1975 Code § 100-21; Ord. No. 014-78]
Immediately upon adoption of this chapter, the Borough Clerk
shall file a copy of this chapter with the County Planning Board as
required by law. Any amendments or supplements adopted by the Borough
of Allentown in the future shall also be filed with the County Planning
Board as required by law.
