A developer shall comply with the following requirements and
principles of land subdivision to encourage proper development patterns
and the provision of adequate facilities and services in the borough.
[Added 3-28-06 by Ord. No. 2006-618; amended 2-23-2021 by Ord. No. 2021-2]
For the purpose of this §
67-97.1, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this §
67-97.1 clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions 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
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
COUNTY REVIEW AGENCY
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:
A.
A county planning agency; or
B.
A county water resource association created under N.J.S.A 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
The Department of Environmental Protection.
DESIGN ENGINEER
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.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
DEVELOPMENT
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, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
A.
In the case of development of agricultural land, 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.
DISTURBANCE
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
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 NEIGHBORHOODS
Neighborhoods 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 CONSTRAINED AREA
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. 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.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats 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
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by:
A.
Treating stormwater runoff through infiltration into subsoil;
B.
Treating stormwater runoff through filtration by vegetation
or soil; or
C.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
A.
An individual "development," as well as multiple developments
that individually or collectively result in:
(1)
The disturbance of one or more acres of land since February
2, 2004;
(2)
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
(3)
The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021 or the effective date of this §
67-97.1, whichever is earlier; or
(4)
A combination of Subsection
A(2) and
(3) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
B.
"Major development" includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection
A(1),
(2),
(3), or
(4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with §
67-97.1.4F of this §
67-97.1 and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
POLLUTANT
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. Section 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
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
A.
A net increase of impervious surface;
B.
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
C.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
D.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
A.
The total area of motor vehicle surface that is currently receiving
water;
B.
A net increase in motor vehicle surface; and/or
C.
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
SEDIMENT
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
The lot or lots upon which a major development is to occur
or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE PLAN POLICY MAP
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
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 MANAGEMENT BMP
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any 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.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
URBAN ENTERPRISE ZONES
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
Previously developed portions of areas:
A.
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), designated centers, cores or nodes;
B.
Designated as CAFRA centers, cores or nodes;
C.
Designated as Urban Enterprise Zones; and
D.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
WATERS OF THE STATE
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
An area that is inundated or saturated by surface water or
ground water 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.
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties listed in the Woodstown Code, §
67-120C.
Each section, subsection, sentence, clause and phrase of this §
67-97.1 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this §
67-97.1 to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this §
67-97.1.
This §
67-97.1 may be renumbered for codification purposes.
This §
67-97.1 shall be in full force and effect from and after its adoption and any publication as required by law.
[Added 3-9-10 by Ord. No. 2010-3]
A. Purpose and statutory authority. The purpose of this section is to
designate riparian zones, and to provide for land use regulation therein
in order to protect the streams, lakes, and other surface water bodies
of the Borough of Woodstown in order to provide compliance with N.J.A.C.
7:15-5.25(g)3 which requires municipalities to adopt an ordinance
that prevents new disturbance for projects or activities in riparian
zones. Authority is provided or limited as follows:
(1)
Compliance with the riparian zone requirements of this section
does not constitute compliance with the riparian zone or buffer requirements
imposed under any other federal, state or local statute, regulation
or ordinance.
(2)
Land use regulation powers given to the Borough of Woodstown
under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., which authorizes each municipality to plan and regulate
land use in order to protect public health, safety, and welfare through
the protection and maintenance of native vegetation in riparian areas.
The Borough of Woodstown is also empowered to adopt and implement
this section under provisions provided by the following legislative
authorities of the State of New Jersey.
(a)
Water Pollution Control Act, N.J.S.A. 581 OA-1 et seq.
(b)
Water Quality Planning Act, N.J.S.A. 58:11A-i et seq.
(c)
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
(d)
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(e)
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
B. Definitions.
ACID PRODUCING SOILS
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and maracasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
APPLICANT
A person, corporation, government body or other legal entity
applying to the Planning Board, Board of Adjustment or the Construction
Office proposing to engage in an activity that is regulated by the
provisions of this section, and that would be located in whole or
in part within a regulated riparian zone.
CATEGORY ONE WATERS OR C1 WATERS
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the antidegradation policies set forth in those standards for protection
from measurable changes in water quality characteristics because of
their clarity, color, scenic setting, and other characteristics of
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
INTERMITTENT STREAM
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages or, in the case of a Special Water Resource
Protection Area (SWRPA) pursuant to the Stormwater Management rules
at N.J.A.C. 7:8-5.5(h) CI waters as shown on the USGS quadrangle map
or in the County Soil Surveys.
LAKE, POND, OR RESERVOIR
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the cause of a Special Water Resource Protection
Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C.
7:8-5.5(h), CI waters as shown on the USGS quadrangle map or in the
County Soil Surveys, that is an impoundment, whether naturally occurring
or created in whole or in part by the building of structures for the
retention of surface water. This excludes sedimentation control and
stormwater retention/detention basins and ponds designed for treatment
of wastewater.
PERENNIAL STREAM
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of a Special Water Resource Protection Area (SWRPA)
pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
Cl waters as shown on the USGS quadrangle map or in the County Soil
Surveys.
RIPARIAN ZONE
The land and vegetation within and directly adjacent to all
surface water bodies including, but not limited to lakes, ponds, reservoirs,
perennial and intermittent streams, up to and including their point
of origin, such as seeps and springs, as shown on the New Jersey Department
of Environmental Protection's GIS hydrography coverages or, in the
case of a Special Water Resource Protection Area (SWRPA) pursuant
to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), Cl waters
as shown on the USGS quadrangle map or in the County Soil Surveys.
There is no riparian zone along the Atlantic Ocean nor along any manmade
lagoon or oceanfront barrier island, spit or peninsula.
SPECIAL WATER RESOURCE PROTECTION AREA OR SWRPA
A 300 foot area provided on each side of a surface water
body designated as a Cl water or tributary to a Cl water that is a
perennial stream, intermittent stream, lake, pond, or reservoir, as
defined herein and shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage, pursuant to the
Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
SURFACE WATER BODY(IES)
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
THREATENED OR ENDANGERED SPECIES
A species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered
Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments
thereto.
TROUT MAINTENANCE WATER
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
TROUT PRODUCTION WATER
A section of water identified as trout production in the
New Jersey Department of Environmental Protection Surface Water Quality
Standards at N.J.A.C. 7:9B.
C. Establishment of riparian zones.
(1)
Riparian zones adjacent to all surface water bodies shall be
protected from avoidable disturbance and shall be delineated as follows:
(a)
The riparian zone shall be 300 feet wide along both sides of
any Category One water (C1 water), and all upstream tributaries situated
within the same HUC 14 watershed.
(b)
The riparian zone shall be 150
feet wide along both sides of the following waters not designated
as C1 waters:
(i)
Any trout production water and all upstream waters (including
tributaries);
(ii) Any trout maintenance water and all upstream waters
(including tributaries) within one linear mile as measured along the
length of the regulated water;
(iii) Any segment of a water flowing through an area
that contains documented habitat for a threatened or endangered species
of plant or animal, which is critically dependent on the surface water
body for survival, and all upstream waters (including tributaries)
within one linear mile as measured along the length of the regulated
water; and
(iv) Any segment of a water flowing through an area
that contains acid producing soils.
(c)
For all other surface water bodies, a riparian zone of 50 feet
wide shall be maintained along both sides of the water.
(2)
The portion of the riparian zone that lies outside of a surface
water body is measured landward from the top of bank. If a discernible
bank is not present along a surface water body, the portion of the
riparian zone outside the surface water body is measured landward
as follows:
(a)
Along a linear fluvial or tidal water, such as a stream, the
riparian zone is measured landward of the feature's centerline;
(b)
Along a nonlinear fluvial water, such as a lake or pond, the
riparian zone is measured landward of the normal water surface limit;
(c)
Along a nonlinear tidal water, such as a bay or inlet, the riparian
zone is measure landward of the mean high water line; and
(d)
Along an amorphously-shaped feature such as a wetland complex,
through which water flows but which lacks a discernible channel, the
riparian zone is measured landward of the feature's centerline.
(3)
The applicant or designated representative shall be responsible
for the initial determination of the presence of a riparian zone on
a site, and for identifying the area on any plan submitted to the
Borough of Woodstown in conjunction with an application for a construction
permit, subdivision, land development, or other improvement that requires
plan submissions or permits. The initial designation of the presence
of a riparian zone must be made by a person qualified in the designation
of riparian lands. This initial determination shall be subject to
review and approval by the municipal engineer, governing body, or
its appointed representative, and, where required, by the New Jersey
Department of Environmental Protection.
D. Exceptions.
(1)
The following new disturbances for projects or activities in
riparian zones are excepted:
(a)
Redevelopment within the limits of existing impervious surfaces,
or
(b)
New disturbance in the riparian zone necessary to protect public
health, safety or welfare, to provide an environmental benefit, to
prevent extraordinary hardship on the property owner peculiar to the
property, or to prevent extraordinary hardship, provided the hardship
was not created by the property owner, that would not permit a minimum
economically valuable use of the property based upon reasonable investment.
(c)
New disturbance on property owned by the Borough of Woodstown
or the Woodstown Sewerage Authority or any entity of the Borough of
Woodstown making a new disturbance on municipally owned property or
on behalf of the Borough of Woodstown.
(d)
An exception to any of the disturbances listed in Subsection
D(1)(a) above shall be granted by the Borough Engineer upon proof by virtue of submission of appropriate maps and drawings, that the proposed redevelopment is within the limits of impervious surfaces that existed at the time of passage of this section and shall be in conformance with the Stormwater Management Rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
(e)
For all riparian zones an exception to any of the disturbances listed in Subsection
D(1)(b) above shall be granted by the Planning Board upon proof by virtue of submission of appropriate maps, drawings, reports and testimony, that the disturbance protects public health, safety or welfare; provides an environmental benefit; prevents extraordinary hardship on the property owner peculiar to the property; or prevents extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. Hardship variances may be granted by the Planning Board in cases of a preexisting lot (existing at the time of adoption of this section) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements.
(f)
Appeals of a determination by the Borough Engineer made in accordance with Subsection
D(1)(d) above may be made to the Planning Board. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.
E. Adjustments.
(1)
Adjustments to the riparian zones established by this section
are allowed to the extent they comply with the Stormwater Management
Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C.
7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C.
7:38), and shall be subject to review and approval by the New Jersey
Department of Environmental Protection unless exempt. The following
adjustments to riparian zones are allowed:
(a)
The proposed disturbance in a riparian zone is for a linear
development with no feasible alternative route. If the riparian zone
is associated with Category One waters, the linear development must
also meet the requirements for Special Water Resource Protection Areas
under the Stormwater Management rules at N.J.A.C. 7:8-5.5(h);
(b)
The proposed disturbance in a riparian zone is in accordance
with a stream corridor restoration or stream bank stabilization plan
or project approved by the New Jersey Department of Environmental
Protection;
(c)
The proposed disturbance of a riparian zone is necessary to
provide pedestrian access or water dependent recreation that meets
the requirements of the Freshwater Wetlands Protection Act rules,
N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13,
or the Coastal Zone Management rules, N.J.A.C. 7:7E; or
(d)
The proposed disturbance of a riparian zone is required for
the remediation of hazardous substances performed with New Jersey
Department of Environmental Protection or Federal oversight pursuant
to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et
seq. or the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. § 9601 et seq.
F. Appeals procedures, conflicts and severability.
(1)
Any party aggrieved by the location of the riparian zone boundary
determination under this section may appeal to the Borough Engineer
under the provisions of this section. The party contesting the location
of the riparian zone boundary shall have the burden of proof in case
of any such appeal.
(2)
Any part aggrieved by any determination or decision of the Borough
Engineer under this section may appeal to the Mayor and Council of
the Borough of Woodstown. The party contesting the determination or
decision shall have the burden of proof in case of any such appeal.
(3)
Conflicts. All other ordinances, parts of ordinances, or other
local requirements that are inconsistent or in conflict with this
section are hereby superseded to the extent of any inconsistency or
conflict, and the provisions of this section apply.
(4)
Severability.
(a)
Interpretation. This section shall be so construed as not to
conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this section is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the section shall continue to be of full
force and effect.
(c)
The provisions of this section shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
G. Enforcement.
(1)
Prompt investigation shall be made by the appropriate personnel
of Woodstown Borough, of any person or entity believed to be in violation
hereof. If, upon inspection, a condition which is in violation of
this section is discovered, a civil action in the Special Part of
the Superior Court, or in the Superior Court, if the primary relief
sought is injunctive or if penalties may exceed the jurisdictional
limit of the Special Civil Part, by the filing and serving of appropriate
process. Nothing in this section shall be construed to preclude the
right of Woodstown Borough, pursuant to N.J.S.A. 26:3A2-25 to initiate
legal proceedings hereunder in Municipal Court. The violation of any
section or subsection of this section shall constitute a separate
and distinct offense independent of the violation of any other section
or subsection, or of any order issued pursuant to this section. Each
day a violation continues shall be considered a separate offense.
[Added 3-9-10 by Ord. No. 2010-4]
A. Purpose. The purpose of this section is to regulate the intensity
of use in areas of steeply sloping terrain in order to limit soil
loss, erosion, excessive stormwater runoff, the degradation of surface
water and to maintain the natural topography and drainage patterns
of land.
B. Background. Disturbance of steep slopes results in accelerated erosion
processes from stormwater runoff and the subsequent sedimentation
of water bodies with the associated degradation of water quality and
loss of aquatic life support. Related effects include soil loss, changes
in natural topography and drainage patterns, increased flooding potential,
further fragmentation of forest and habitat areas, and compromised
aesthetic values. It has become widely recognized that disturbance
of steep slopes should be restricted or prevented based on the impact
disturbance of steep slopes can have on water quality and quantity,
and the environmental integrity of landscapes.
C. Applicability. This section shall be applicable to new development
or land disturbance on a steep slope within the Borough of Woodstown.
D. Definitions.
DISTURBANCE
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
IMPERVIOUS SURFACE
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements.
REDEVELOPMENT
The construction of structures or improvements on areas which
previously contained structures or other improvements.
STEEP SLOPES
Any slope equal to or greater than 20% as measured over any
minimum run of 10 feet. Steep slopes are determined based on contour
intervals of two feet or less.
E. Designation of areas. The percent of slope (rise in feet per horizontal
distance) shall be established by measurement of distance perpendicular
to the contour of the slope. The percent of slope shall be calculated
for each two-foot contour interval. For example, any location on the
site where there is a one-foot rise over a 10-foot horizontal run
constitutes a 10% slope; a 1.5 foot rise over a 10-foot horizontal
run constitutes a 15% slope; a two-foot rise over a 10-foot horizontal
run constitutes a 20% slope.
F. Steep slope limits. For steep slopes any disturbance shall be prohibited
except as provided below:
(1)
Redevelopment within the limits of existing impervious surfaces;
and
(2)
New disturbance necessary to protect public health, safety or
welfare, such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to prevent extraordinary hardship on the property owner peculiar
to the property: or to prevent extraordinary hardship, provided the
hardship was not created by the property owner, that would not permit
a minimum economically viable use of the property based upon reasonable
investment. For example, redevelopment, within the footprint of existing
impervious cover should be allowed to support efforts to revitalize
development that has fallen into disrepair.
The applicant shall demonstrate through site plans depicting
proposed development and topography that new disturbance is not located
in areas with 20% or greater slope.
G. Conflicts and severability.
(1)
Conflicts. All other ordinances, parts of ordinances, or other
local requirements that are inconsistent or in conflict with this
section are hereby superseded to the extent of any inconsistency or
conflict, and the provisions of this section apply.
(2)
Severability.
(a)
Interpretation. This section shall be so construed as not to
conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this section is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the section shall continue to be of full
force and effect.
(c)
The provisions of this section shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
H. Enforcement, violation and penalties. A prompt investigation shall
be made by the appropriate personnel of the Borough of Woodstown,
of any person or entity believe to be in violation hereof. If, upon
inspection, a condition which is in violation of this section is discovered,
a civil action in the Special Part of the Superior Court, or in the
Superior Court, if the primary relief sought is injunctive or if penalties
may exceed the jurisdictional limit of the Special Civil Part, by
the filing and serving of appropriate process.
Nothing in this section shall be construed to preclude the right
of the Borough of Woodstown, pursuant to N.J.S.A. 26:3A2-25, to initiate
legal proceedings hereunder in Municipal Court.
The violation of any section or subsection of this section shall
constitute a separate and distinct offense independent of the violation
of any other section or subsection, or of any order issued pursuant
to this section. Each day a violation continues shall be considered
a separate offense.
I. Effective date. This section shall take effect upon final adoption
and publication in accordance with the law.
The important natural features of a site shall be preserved
in the design of all subdivisions. Natural features which shall be
protected include the natural terrain, wetlands, wooded areas, vistas,
natural drainageways and lakes. A developer shall only be permitted
to significantly alter or encroach on the existing natural features
if the Planning Board is convinced that the alteration is the minimum
necessary to allow the use of the land for the intended purpose and
that there is no alternative to the subdivision design which would
eliminate or mitigate any adverse impact on natural features.
No topsoil shall be removed from the site or used as spoil.
Topsoil moved during the course of construction shall be redistributed
within the subdivision so as to provide at least four inches of cover
to all areas of the subdivision and shall be stabilized by seeding
or planting.
[Amended 5-9-06 by Ord. No. 2006-632]
Street lighting shall be provided in accordance with the recommendations of the Borough Engineer and in compliance with Chapter
71 of the Municipal Code. Adequate lighting shall be provided at all intersections and along all roads classified as borough collectors. The developer shall pay to the borough the costs of operation of said streetlights (as determined by the standard rates of the utility) until the street upon which said streetlights are installed as accepted by the Borough Council as a public street.
[Added 11-10-1993 by Ord.
No. 466]
Any residential development which shall contain three or more
dwelling units contained within a single structure or located on a
single tax lot shall have a designated recycling area located for
the use of its occupants to collect and store separated recyclable
materials in accordance with the following guidelines:
A. The designated recycling area shall be located outdoors to accommodate
recycling bins or containers which are of adequate size and number
and which are consistent with anticipated usage and with current methods
of collection in the area in which the multifamily housing is located.
The dimensions of the recycling area and the bins or containers shall
be determined in consultation with the Municipal Recycling Coordinator
and shall be consistent with the municipal recycling plan.
B. The recycling area shall be conveniently located for use of the occupants
of the subject multifamily housing. Preferably, the recycling area
shall be near, however, clearly separated from that area located for
refuse.
C. The recycling area shall be well lit, safely and easily accessible
by the occupants and recycling personnel and vehicles responsible
for collection. Collection vehicles shall be able to access the recycling
area without interference from parked cars or other obstacles. Reasonable
measures shall be taken to protect the recycling area and the bins
or containers placed therein against theft or recyclable materials,
bins or containers.
D. The recycling area or the bins or containers placed therein shall
be designed for durability and to provide protection against adverse
environmental conditions which might render the collected materials
unmarketable. Any containers used for recyclable paper products shall
be equipped with a lid or otherwise covered so as to keep the paper
products dry.
E. Durable and permanent signs shall be located at the recycling area
designating the materials to be accepted and the regular collection
days of the week. The individual bins or containers located in the
recycling area shall be clearly and durably marked to show the materials
that are to be placed therein.
F. Aesthetically pleasing landscaping and/or fencing shall be provided
around the recycling area.
Street signs shall be metal posts of the type, design and standards
utilized elsewhere in the borough. The location of the street signs
shall be determined by the Planning Board, but there shall be at least
two street signs at each intersection. All street signs shall be located
free of visual obstruction.
Monuments shall be installed in compliance with the requirements
of N.J.S.A. 46:23-9.11q. All lot corners shall be marked with a durable
metal-alloy pin.
[Added 7-13-04 by Ord. No. 601]
A. Map.
(1)
A map and accompanying text shall identify sites and describe
their type, physical accessibility and availability for the public
use of recreation facilities and services within two miles of the
site, including but not limited to the following: waterways, beaches,
wetlands, marinas, boat docks and launching platforms, playgrounds,
parks, forests, natural areas, tennis courts, swimming pools and bikeways
etc. The extent of existing use and of unused capacity of these facilities
shall also be indicated based upon the anticipated schedule of development.
(2)
The relationship of the outlying recreational facilities and
the utility to the needs of the proposed project shall be clearly
documented with respect to demand and supply considerations.
B. Open space and recreation plan.
(1)
The proposed location, type and quantity of open space provided
by the applicant at the site shall be classified and described. The
proposed location, type and quantity of areas and structures provided
by the applicant for on-site active and passive indoor and outdoor
recreation shall be classified and described. The applicant shall
discuss how the open space and recreation areas are to be maintained.
The applicant shall demonstrate how the proposed open space and recreation
system links with, enhances or expands upon the contiguous or adjacent
open space and recreation areas and specify how the public's access
to open space and recreation system is assured, either through public
ownership, dedicated land or other suitable mechanisms.
(2)
Common open space shall be dedicated to public ownership or
restricted by an open space easement or by private deed restrictions
running in favor of the residents of the development and the borough.
(a)
If open space is not dedicated to public ownership, responsibility
for maintaining common space shall lie with the developer, a homeowners
association or similar entity.
(b)
The controlling entity shall be responsible for maintenance
and provide adequate funding through a system of fees assessed against
residents of the development.
(3)
The recreational plan shall present a detailed breakdown of
recreational activities for the population of the proposed project
by age groups and sex. Such plan shall indicate both the recreational
uses and the seasonal uses.
(4)
All recreation areas and facilities shall be designed in accordance
with the New Jersey Department of Environmental Protection publication;
Administrative Guidelines: Barrier Free Design Standards for Parks
and Recreational Facilities.
C. General requirements.
(1)
Prior to preliminary approval, the applicant shall submit, for
review by the Borough Planner and Engineer, manufacturer's descriptive
data and supporting information for all proposed park and recreation
equipment and playground apparatus.
(2)
In the designation of common open space areas, consideration
shall be given to providing for continuity of open space between sections
of a development and between open space within a development and open
space on adjacent lands. Open space shall be distributed throughout
the development so that there is a hierarchy of activities from preservation
areas to passive open space adjacent to and between each residential
cluster. Designating all open space in one portion of a development
is discouraged.
(3)
Usable recreation space should be provided for active recreation
within one-quarter (1/4) mile of all units. Part of this recreation
component may consist of a lake, wet basin and/or pond having a permanent
water level. Any larger preservation spaces shall be contiguous to
and directly related to dwelling structures. Usable recreation space
may be improved with facilities for swimming pools, tot lots, playgrounds
and quiet outdoor sports such as, but not limited to, tennis, paddle
tennis, golf, baseball, basketball, soccer, lacrosse and the like
and accessory buildings such as clubhouses and pavilions. The approving
authority shall have complete and final determination as to the adequacy,
usefulness and functionality of lands set aside for open spaces.
(4)
Recreational facilities shall be operated for the benefit of
the residents of the development. They shall not be commercial enterprises
open to anyone who pays a fee.
(5)
Common open space for recreation purposes shall be provided
in all major subdivisions and residential site plans in an amount
of 0.02 acres per dwelling unit plus 5% of the gross site area for
undeveloped recreation. The developer shall improve this area for
active and passive recreation as specified herein. Plans for the improvement
of this recreation area shall be an integral component of any preliminary
plat and final construction drawings for any major subdivision or
residential site plan.
(6)
The common open space shall be easily accessible from all parts
of the development. In no case shall areas of floodplain, buffer,
wetland or any regulated area in which development is prohibited,
be counted for the required open space.
(7)
Notwithstanding the minimum area requirements for open space and recreation, as required by Zoning Section
67-57.1, such open space areas shall be developed with appropriate recreational facilities sufficient to meet the needs of the residents of the proposed development. These areas shall provide recreational opportunities for residents of all proposed residential developments within the borough.
(8)
Where feasible, the common open space shall connect to existing
borough park, recreation or conservation lands or connect into an
adjacent planned development's common open space. Public pedestrian
and/or bicycle paths shall be included in the open space whenever
feasible and shall be designed to connect into a larger scale borough
system if applicable or feasible.
(9)
There should be a close visual and physical relationship between
open space and as many dwelling units as is reasonably possible. Open
space areas should weave between dwelling units generally respecting
a minimum width of 50 feet and periodically widening out into significant
and usable recreation areas.
D. Open space and recreation guidelines.
(1)
An effective open space system should connect a number of diverse
recreational activity areas with adequate pedestrian pathways and
auto/bicycle access for the residents it is intended to serve. The
open space contained in a development should provide direct access
to as many of the homes as possible. Developed open space generally
should not be isolated in one corner of the project.
(2)
Active recreation should be visibly close but shall not interfere
with the privacy of adjacent residents. It should be designed to accommodate
the recreation needs of the projects, intended age groups.
(3)
Development in the vicinity of the undeveloped open space shall
be designed to protect the site's natural resources, animal habitat,
flood-prone areas, etc. The undeveloped open space shall be utilized
to provide protection for critical ecosystems within the project site
and to preserve in perpetuity the natural assets of the site.
(4)
All open space shall be recorded in the master deed and homeowners
documents for each project. This will ensure the permanent preservation
of the open space. Such documents shall be submitted to the Planning
Board prior to the Board granting final approval of the project.
E. Recreational facilities.
(1)
In all residential developments that require facilities, the
developer shall install, as a minimum, the following recreational
facilities on the land that has been set aside for recreational purposes.
The Planning Board may alter the schedule at their discretion.
Dwelling Units
|
Land
|
Tot Lots
|
Tennis Courts
|
Basketball Courts
|
Play Fields
|
Multi-Purpose
|
---|
1-4
|
—
|
—
|
—
|
—
|
—
|
—
|
5-24
|
**
|
1
|
—
|
—
|
—
|
—
|
25-49
|
**
|
1
|
—
|
1
|
—
|
—
|
50-99
|
**
|
1
|
1
|
1
|
—
|
—
|
100-199
|
**
|
2
|
2
|
1
|
—
|
—
|
200-299
|
**
|
2
|
3
|
1
|
1
|
1
|
300+
|
**
|
2
|
4
|
2
|
1
|
1
|
**0.02 acre per dwelling unit plus 5% of the gross site area
for undeveloped recreation
|
F. Equipment.
(1)
Tot lots. Tot lots shall be a minimum of 2,500 square feet excluding
areas required for fencing, buffering or walkways and shall contain,
as a minimum, the following improvements:
(a)
Four foot high chain link fence with gate or other buffering
or screening bordering residential properties and roadways.
(b)
Two benches, each to be eight feet long and constructed of aluminum.
(c)
Two table and bench seats.
(d)
Ground under and within six feet of play equipment shall be
covered with safety sand, or approved equal, to a depth of 12 inches.
(e)
One swing set with four swings, two of which shall be tot swings,
one tot chair and one slash-proof belt seat two and three-eighths
(2 3/8) inches outside diameter; legs and top rail with two and
seven-eighths inches outside diameter fittings, eight feet in height.
(f)
One single platform whirl seven feet eight (7'8") inches in
diameter.
(g)
One climber, two feet by 12 feet, with a height of approximately
four feet seven (4' 7") inches.
(h)
One sandbox, 15 feet by 15 feet.
(i)
One slide, two feet by 14 feet, with a height of approximately
six feet, and must have wraparound top rails with nonskid steps.
(j)
One trash receptacle with retractable bottom, 10 gallon capacity.
(2)
Playgrounds. Playgrounds shall be not less than three acres
in size, excluding areas required for fencing, buffering or walkways,
and shall contain, as a minimum, the following improvements:
(a)
Not fewer than one tot lot as defined above.
(b)
Not fewer than one play lot which
shall contain, as a minimum the following improvements:
(i) One heavy duty swing set with legs and top rail
not less than two and three-eighths (2 3/8) inches outside diameter
and with two and seven-eighths (2 7/8) inch fittings. The swing
set is to be at least 10 feet in height with not fewer than four splash-proof
belt type seats.
(ii) One bicycle rack not less than 10 feet in length,
of aluminum construction or such other materials as may be approved
by the Borough Engineer.
(3)
Playing fields and courts.
(a)
Not less than two and one-fourth (2.25) acres of seeded or sodded
open space (not otherwise utilized as a tot lot/playground) which
shall, as a minimum contain one of the following:
(b)
Two basketball or tennis courts.
(c)
One baseball and one softball field (fields may share portions
of the same area, layout will be subject to Borough Planner and Engineer
approval).
(d)
One soccer and one football field (fields may share portions
of the same area, layout will be subject to Borough Engineer approval).
(4)
Tennis courts. Tennis courts shall be of regulation sealer and
in all cases shall be constructed in pairs and constructed as follows:
(a)
The courts base construction shall be four inches of bituminous
base on a properly prepared subgrade as set forth by the Borough Engineer.
The surface construction shall be one and one-half (1 1/2) inches
of FASC leveling course and one and one-half (1 1/2) inch SP-1
vinyl latex top course and shall be coated with light green for the
in play and brick red for the out of play. The sealer shall be California
Products Corporation or equal as approved by the Borough Engineer.
(b)
There shall be one set of ground sockets set in concrete on
each court.
(c)
There shall be one set of tennis posts three and one-half (3 1/2)
inches outside diameter with heavy duty nylon tennis nets on each
court.
(d)
There shall be one reel per court.
(e)
Tennis courts shall be surrounded with a 12 foot high green
vinyl link fence with entrance gate and buffered planning as designated
by the Borough Engineer.
(f)
Night lighting (if desired) shall be approved by the Borough
Engineer.
(5)
Basketball courts. Basketball courts shall be a minimum size
of fifty feet by eighty-four (50' x 84') feet and shall contain the
following improvements:
(b)
Two four and one-half (4 1/2) inch outside diameter basketball
posts with 48 inch extension.
(c)
Two double ring and double brace goals with nets.
(d)
Four inches of bituminous stabbed base course on properly prepared
subgrade as set forth by the Borough Engineer, one and one-half (1 1/2)
inches of FABC leveling course, and one inch SP-1 vinyl latex top
course.
(e)
Night lighting (if desired) shall be approved by the Borough
Engineer.
(6)
Baseball and softball fields. Baseball/softball fields shall
have a minimum slope of 2% and not exceed 3% slope, with grading to
be approved by the Borough Engineer and all fields shall contain the
following requirements:
(a)
Baseball/softball field combinations should conform to the recommended
standards in design.
(b)
There shall be one four paneled backstop; two 10 foot back panels
and two 10 foot side panels with complete overhang over the back and
side panels.
(c)
There shall be two fences, each four feet high and extending
20 feet past the side panels.
(d)
The infield shall be covered with infield dirt as required by
the Borough Engineer.
(e)
There shall be two 15 foot player benches constructed of aluminum.
(7)
Football/soccer fields. Football and soccer fields shall be
a minimum of one and three-fourths (1 3/4) acres and shall have
a minimum 2% slope that shall not exceed 3%, with grading to be approved
by the Borough Engineer. All fields shall be constructed to face north
to south and shall contain the following requirements:
(a)
All fields shall conform to the recommended standards in design.
(b)
Both regulation football and soccer shall be installed.
(c)
Soccer posts should each have a heavy-duty nylon net.
(8)
Pedestrian, bicycle and fitness trails.
(a)
Pedestrian and bicycle trails when constructed as one trail
shall be a minimum of eight feet wide. Fitness trails are to be a
minimum of four feet wide. All trails shall be free of branches and
other obstructions, and have a minimum slope of 2% and should follow
the contour of the area where possible. Paths should generally follow
ground contours, streams, lakes, ponds or other natural features and
shall have a destination.
(b)
Walkways and bicycle paths shall have information signs. If
trails are designed especially for bicycle use, proper signage will
need to be displayed.
(9)
Neighborhood parks. A neighborhood park shall be minimum of
five acres including fencing, screening, buffering and landscaping.
Each park shall contain the minimum requirements:
(c)
Multipurpose paved court.
(f)
Parking area of at least 10 spots including two handicapped
spots.
(10)
Barrier free site designs for the disabled. All facilities shall
be designed barrier free to allow accessibility for the disabled.
Such areas are to be fully accessible both in active and passive recreation
areas and shall contain, as a minimum, the following requirements:
(a)
There shall be two parking spaces with appropriate signage.
(b)
Walkways shall be a minimum of five feet wide to allow for easier
mobility.
(c)
All entrances at gate shall be a clear opening of at least 34
inches wide.
(d)
All walkways which cross roads or sidewalks, a depressed curb
shall be provided for accessibility for the handicapped.
(11)
Community buildings. In planned developments over 150 dwelling
units, consideration may be given towards a recreation/ community
building. Such buildings shall be in walking or short biking distance
of the residents it intends to serve.
(12)
Other amenities including a jogging trail and exercise areas
in planned developments, provided adequate benches and places for
rest are provided, especially where views are available of significant
landscape. Consideration should be given towards interesting site
design and larger developments may reserve areas for small garden
plots.
G. Development of open space improvements and construction of recreational
facilities shall proceed at the same rate of development as dwelling
units. To assure compliance with this section, the Planning Board
shall require the approval of the overall phasing plan and approval
for any subdivision, planned or cluster developed.
H. The Board may require a developer to make certain preparation improvements
to open spaces and may require necessary improvements to be included
as part of the site plan, including, but not limited to removal of
dead trees, thinning of trees, and grading and seeding.
I. The requirements of this section relating to the construction of
active recreation facilities and the provision of open space for passive
recreation may be modified and/or waived at the request of the developer,
if the Planning Board determines that both the development and the
borough's parks and recreation needs would be better served by a predetermined
cash contribution to the designated municipal parks and recreation
fund.
J. Contribution in-lieu of providing recreation facilities.
(1)
The required amount of the contribution in-lieu of providing
recreation facilities shall be determined by the estimated cost of
the passive and active recreation facilities and equipment that would
otherwise be required for the proposed development. This estimated
cost shall also include the value of the additional lots that the
developer shall have for sale, and shall be prorated over the total
number of building lots as follows:
Number of Lots
|
Contribution per Lot
|
---|
5-24
|
$1,000
|
25-49
|
$1,200
|
50-99
|
$1,400
|
100 or more
|
$1,500
|
(2)
Payment of the in-lieu contribution shall be made proper to
the borough executing the final subdivision plat. The payment shall
be equal to the determined per lot contribution times the number of
building lots shown on the final plat.
(3)
The cash contribution shall be used exclusively for park and
recreation purposes.
K. The open space and recreation plan shall be submitted to the Borough
Council, the Borough Engineer and the Public Works Director for review
and comment prior to receipt of final approval by the Planning Board.