Township of Tabernacle, NJ
Burlington County
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Table of Contents
Table of Contents
[Ord. #1985-8, A I]
This Chapter shall be known and may be cited as: The Land Subdivision Ordinance of the Township of Tabernacle.
[Ord. #1985-8, A II]
The purpose of this Chapter shall be to provide rules, regulations and standards to guide land subdivision in the Township in order to promote the public health, safety, convenience and general welfare of the Township. It shall be administered to insure the orderly growth and development, the conservation, protection, and proper use of land and adequate provision for circulation, utilities and services. This Chapter shall also serve to implement the requirements of the Pinelands Comprehensive Management Plan.
[Ord. #1985-8, A III]
The provisions of this Chapter shall be administered by the Township of Tabernacle Planning Board in accordance with Chapter 291 of the Laws of 1975 and amendments and supplements thereto, and approval of all subdivisions by resolution of such Board is required as a condition for filing such plats with the County Clerk or issuance of a permit for a development.
[Ord. #1985-8, A IV; Ord. #1989-3, § 13]
a. 
Except as follows, words and phrases used in this Chapter shall have the meaning defined in Chapter 291 of the Laws of 1975, with amendments and supplements, herein called the "Act" (R.S. 40:55D-1 et seq.):
APPROVAL AGENCY
Shall mean any board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits, zoning permits, building permits or other applications for development approval.
CERTIFICATE OF FILING
Shall mean a Certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 and 4.82 that a complete application for major development has been filed.
CHANNEL
Shall mean the bed and banks of a river, stream, brook or spring which convey water most of the time.
COMMISSION
Shall mean the Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
COMPLETE APPLICATION
Shall mean as defined in Section 16-16.
COMPREHENSIVE MANAGEMENT PLAN
Shall mean the plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.
DESIGN FLOOD
Shall mean the relative size of magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations.
DEVELOPMENT APPROVAL
Shall mean any approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance of a construction permit, subdivision or site plan approval.
DRAINAGE RIGHT-OF-WAY
Shall mean the lands required for the installation of storm water sewers of 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 1 of Title 58 of the Revised Statutes. The lands located within such rights-of-way shall not be included in the calculation of any required lot area. Swales which are provided for on-site drainage are not to be considered drainage right-of-way.
EXEMPT SUBDIVISION
Shall mean lots that are exempt from the subdivision approval requirements of this Chapter in accordance with the provisions of N.J.S.A. 40:55D-7 (the definition of subdivision) shall be presented to the Planning Board for their records with the requisite proof that they are entitled to exemption from the subdivision process. Prior to presenting such proof to the Planning Board, no person shall transfer, sell or agree to transfer or sell, as owner or agent, any land which ordinarily would require subdivision approval were it not exempt. No structure shall be built on any lands so recognized as exempt from the subdivision regulation of this Chapter until the parcel of ground involved and proposed construction has been reviewed under the Design Standards for Improvements of this Chapter and received Planning Board approval. This section shall not be construed to prohibit the construction of buildings and structures other than dwelling units, to be used for agricultural purposes on parcels transferred for agricultural purposes only.
FLOOD HAZARD AREA
Shall mean the floodway and additional portions of the floodplain that are subject to flood flow at lesser depths and lower velocities than the floodway, that are inundated by the design flood. The lands located within such rights-of-way shall not be included in the calculation of any required lot area.
FLOODPLAIN
Shall mean a relatively flat area adjoining a channel which has been or may be hereafter covered by flood water from the channel. The lands located within such rights-of-way shall not be included in the calculation of any required lot area.
FLOODWAY
Shall mean the channel of watercourse and portions of the adjacent floodplain that carry the greater part of the flood flow at greater depths and velocities than do other parts of the floodplain, that constitute the minimum area required for the passage of flood waters without aggravating flood conditions upstream and downstream, that are necessary to preserve the natural regimen for the river or stream for the reasonable passage of the design flood.
MAJOR SITE PLAN
Shall mean all site plans not meeting the definition of minor site plan or applicable for site plan waiver.
MAJOR SUBDIVISION
Shall mean any subdivision other than that defined as a minor subdivision.
MINOR SITE PLAN
Shall mean: as defined in Section 16-14, Site Plan Review.
MINOR SUBDIVISION
Shall mean any subdivision containing not more than three lots fronting on an existing minor street, nor involving any new street or road or the extension of off-tract improvements/and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or this Chapter. Any rearrangement of lot lines which does not increase the number of building lots and/or which creates parcels which are to be consolidated with existing lots, shall be classified as a "minor subdivision," provided that it meets the applicable criteria set forth in other parts of this definition, and provided further that either a deed of consolidation or a filed plat indicating such consolidation is presented and recorded.
This definition is affected by the definition of "number of lots" as defined in this section.
NUMBER OF LOTS
Shall mean any ordinance provisions calling for the construction or interpretation of the number of lots, whether for the purpose of classification of a major or minor subdivision or for any other purpose under this Chapter, shall be interpreted as being cumulative in that prior subdivisions of the base tract, lot, parcel, tax map lot or other affected piece of ground shall be construed to mean the 10 years immediately preceding the date of application. The purpose of this provision is to avoid creeping minor syndrome resulting in strip development which the municipality finds should be discouraged.
PUBLIC DEVELOPMENT
Shall mean development, including subdivision, by any Township or other governmental agency.
RIPARIAN YARD
Shall mean the watercourse, the flood hazard area and a contiguous area that buffers the watercourse or the floodplain from abnormal fluctuations in discharge and burdens of foreign substances which could arise from careless development.
SKETCH PLAT
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and meeting the requirements of Section 16-6 of this Chapter.
STREET
Shall mean and include as defined by the Act plus:
1. 
Controlled access highways are those that are used by heavy through traffic and which permit no access from abutting property.
2. 
Arterial Streets are those which are used primarily for fast or heavy traffic.
3. 
Major Thoroughfares are those which are used primarily for heavy local and through traffic.
4. 
Minor Streets are those which are used primarily for access to the abutting properties.
5. 
Collector Streets, also known as secondary streets, and used primarily for access to the abutting properties are those which carry traffic between streets of a residential development and streets for circulation within such a development.
6. 
Marginal Service Streets are those which are parallel or adjacent to controlled access highways or major thoroughfares; and which provide access to abutting properties and protection from through traffic.
b. 
Definitions Pertaining to the Pinelands Comprehensive Management Act. The following two definitions are exclusively definitions used for interpretation of the Pinelands Comprehensive Management Plan. They are not to be confused with the definitions for major subdivision, minor subdivision, major site plan, or minor site plan which are Municipal Land Use Law definitions and which determine the procedure used by the Board in reviewing various applications.
DEVELOPMENT, MAJOR
Shall mean any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
DEVELOPMENT, MINOR
Shall mean all development other than major development.
c. 
General. - Any word not defined herein or in Chapter 291 which is used in this Chapter shall have the meaning given in Chapter 17, Zoning, or the Pinelands Comprehensive Management Plan.
[Ord. #1985-8, A V, § 1; Ord. #1989-3, § 14; Ord. #1997-9, §§ 2, 3; Ord. No. 2018-05 § 2]
a. 
No person shall carry out any developments within Tabernacle Township without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in this section.
b. 
Except as provided in paragraph c below, the following shall not be subject to the procedures set forth in this Article:
1. 
The improvement, expansion, or reconstruction within five years of destruction or demolition, of any single family dwelling unit or appurtenance thereto;
2. 
The improvement, expansion, construction, or reconstruction of any structure accessory to a single family dwelling;
3. 
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;
4. 
The construction, repair, or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
5. 
The repair of existing utility distribution lines.
6. 
The clearing of less than 1,500 square feet of land;
7. 
The construction of any addition or accessory structure for any non-residential use or any multi-family residential structure provided that:
(a) 
If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and
(b) 
If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.
[Ord. No. 2018-05 § 2]
8. 
The demolition of any structure that is less than 50 years old.
9. 
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;
10. 
The repair or replacement of any existing on-site waste water disposal system;
11. 
The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.
[Ord. No. 2018-05 § 2]
12. 
The clearing of land solely for agricultural or horticultural purposes.
[Ord. No. 2018-05 § 2]
13. 
Fences, provided no more than one thousand five hundred (1,500.00) square feet of land is to be cleared;
14. 
Above-ground telephone equipment cabinets;
15. 
Tree pruning;
16. 
The following forestry activities:
(a) 
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
(b) 
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
(c) 
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(d) 
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year;
17. 
Prescribed burning and the clearing and maintaining of fire breaks; or
18. 
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to subsection 16-14.1,f,3 or Section 17-35.1c.
19. 
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Ord. No. 2018-05 § 2]
20. 
The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.
[Ord. No. 2018-05 § 2]
21. 
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Ord. No. 2018-05 § 2]
22. 
The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.
[Ord. No. 2018-05 § 2]
c. 
The exceptions contained in paragraph b above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
d. 
Nothing herein shall preclude any local or State agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
[Ord. #1985-8, A V, § 2; Ord. #1989-3, § 14]
a. 
Prior to an application for minor development being deemed complete, the applicant shall provide evidence that a duplicate copy of the application for minor development has been duly filed with the Pinelands Commission.
b. 
Any application for approval of minor development shall include at least the following information:
1. 
The applicant's name and address and his interest in the subject property;
2. 
The owner's name and address, if different from the applicant's and the owner's signed consent to the filing of the application;
3. 
The legal description, including block and lot designation and street address, if any, of the subject property;
4. 
A description of all existing uses of the subject property;
5. 
A brief written statement generally describing the proposed development;
6. 
A USGS Quadrangle map, or copy thereof, and a copy of the Municipal Tax Map Sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown;
7. 
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:
(a) 
On-Site Treatment Facilities: Location, size, type and capacity of any proposed on-site wastewater treatment facilities; and
(b) 
Soil Borings and Percolation Tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Article II of Chapter 17;
8. 
A location map, including the area extending at least three hundred (300') feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;
9. 
A soils maps including a County soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development;
10. 
A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development;
11. 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and
12. 
When prior approval for the development has been granted by the Township of Tabernacle, evidence of Pinelands Commission review pursuant to subsection 16-5.5.
[Ord. #1985-8, A V, § 3; Ord. #1989-3, § 14]
All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in N.J.A.C. 4.2(b)5, as well as the following:
a. 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and
b. 
When prior approval for the development has been granted by the Township of Tabernacle, evidence of Pinelands Commission review pursuant to subsection 16-5.5.
[Ord. #1985-8, A V, § 4; Ord. #1989-3, § 14; Ord. No. 2018-5 § 3]
a. 
Application Submission and Modifications. Written notification shall be given by the Township, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the Township approval agency that the application has been modified. Said notice shall contain:
1. 
The name and address of the applicant;
2. 
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
3. 
A brief description of the proposed development, including uses and intensity of uses proposed;
4. 
The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;
5. 
The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency;
6. 
The approval agency with which the application or change thereto was filed;
7. 
The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports; and
8. 
The nature of the municipal approval or approvals being sought.
b. 
Hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by email, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:
1. 
The name and address of the applicant;
2. 
The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;
3. 
The date, time and location of the meeting, hearing or other formal proceeding;
4. 
The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding;
5. 
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission; and
6. 
The purpose for which the meeting, hearing or other formal proceeding is to be held.
c. 
Notice of Approvals or Denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction, of any approval agency or an appeal of any agency's decision. The applicant shall within five days of the approval or denial give notice by email or regular mail to the Pinelands Commission. Such notice shall contain the following information:
1. 
The name and address of the applicant;
2. 
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
3. 
The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;
4. 
The date on which the approval or denial was issued by the approval agency;
5. 
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;
6. 
Any revisions to the application not previously submitted to the Commission; and
7. 
A copy of the resolution, permit, or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.
[Ord. #1985-8, A V, § 5; Ord. #1989-3, § 14]
Upon receipt by the Pinelands Commission of the notice of approval pursuant to subsection 16-5.4b above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through 4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed. Pursuant to N.J.A.C. 7:50-4.1(b) and until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the Interim Rules and Regulations shall serve as the basis for Pinelands Commission review of local approval under this section.
Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.
[Ord. #1985-8, A V, § 6; Ord. #1989-3, § 14]
Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
a. 
Notification is received from the Pinelands Commission that review of the Township's approval is not required; or
b. 
Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 4.42 and a Final Order regarding the approval is received by the Township from the Pinelands Commission.
[Ord. #1985-8, A V, § 7; Ord. #1989-3, § 14]
If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked within 30 days of the Commission's action by the approval agency and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission; and if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.
[Ord. #1985-8, A V, § 8; Ord. #1989-3, § 14]
The Pinelands Commission may participate in a hearing held in the Township involving the development of land pursuant to N.J.A.C. 7:50-4.36.
[Ord. #1989-3, § 14; Ord. #2001-4, § 2]
No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the Township approval agency with the evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands Development Credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands Development Credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to sub-section 16-5.4 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Ord. #1983-8, A V, § 9; Ord. #1989-3, § 14]
All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Article II, Sections 17-6 through 17-47 of Chapter 17, Zoning.
[Ord. #1985-8, A V, § 10; Ord. #1989-3, § 14]
In amending this Chapter, the Township's master plan, or any other ordinance regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45.
[Ord. #1985-8, A VI, § 1]
At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
[Ord. #1985-8, A VI, § 2]
In the event that the developer desires review of an application for development by the professional staff of the Township, the developer may submit a sketch plat to the Planning Board who shall forward it to their professionals. The plan shall be of sufficient detail to enable the professional designated to make the review required. No fee shall be required for such submission but the applicant shall be bound by the escrow provisions such as are required for minor subdivisions. Neither the developer, the Township, the Planning Board or the Township professionals shall be bound by any such review with the exception that any design requirements shall be as close as possible to the approved sketch plat and shall be changed by the municipality only for environmental or engineering considerations or conflict with other laws, not considered at the time of sketch plat review or because of changes in the plan submitted by the developer, or matters brought before the reviewing authority as a result of the public hearing.
[Ord. #1985-8, A VII, § 1]
a. 
If a proposed subdivision meets with the requirements of a minor subdivision as defined by this Chapter, it is the intent of this Chapter that these subdivisions be exempted from the procedural requirements of the major subdivision.
[Ord. #1985-8, A VII, § 2]
a. 
Any owner of land within Tabernacle Township shall prior to subdividing and resubdividing land defined or classified as a minor subdivision submit 12 prints of the plat of the proposed minor subdivision to the Administrative Officer of the Planning Board together with the other requisite elements for a complete application at or prior to the work session before the next regular meeting of the Planning Board at which the applicant wishes to be heard. The Administrative Office of the Board shall then immediately forward copies of the plan to the appropriate municipal officials as designated by the Planning Board. An original and the required number of copies shall be transmitted to the Burlington County Planning Board by the owner for consideration and report, which shall be submitted to the secretary of the Planning Board.
b. 
At the next regular meeting, the Planning Board, may take final action on the plan or take the application under advisement but approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
c. 
The Planning Board Solicitor and Engineer shall submit their reports to the Planning Board at the regular meeting next following their receipt of a copy of the plan, providing that a reasonable time has been given to these officials to review the plan.
d. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, C. 285 (C. 40:27-6.3), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report therein within the required time period.
e. 
The Planning Board may, in appropriate cases, require the installation of such off-site, on-site, off-tract and on-tract improvements and design standards as necessary to protect the health, welfare and safety of the citizens of the Township. The owners shall have the option of installing such improvements or filing a performance guarantee, approved by the Township Solicitor, covering the costs of such improvements. No final approval shall be granted, nor shall any plan be signed, until either such improvements have been properly installed or the appropriate guarantees filed, as the case may be.
f. 
The applicant shall file a signed plan of such minor subdivision, in acceptable form, after approval with the Burlington County Planning Board.
g. 
The Secretary of the Planning Board shall then forward a properly signed copy of the plan to the Township Clerk, Township Engineer, Building Inspector, Tax Assessor and Tax Collector, and also file the original and one copy of the plan in the Planning Board file for the particular application concerned.
h. 
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with approval granted by the Planning Board and the provisions of the "Map Filing Law", P.L. 1960 C. 141 (.46:23-99, et seq.), or a deed clearly describing the approved minor subdivision is filed by the applicant with the Clerk of Burlington County, the Township Engineer and the Township Tax Assessor. Any such plat or deed shall be signed by the chairman and secretary of the Planning Board prior to filing.
[Ord. #1985-8, A VII, § 3]
No approval granted under this section shall take effect and no development shall be carried out until the provisions of Section 16-5 concerning Pinelands Commission notification and review have been satisfied.
[Ord. #1985-8, A VIII, § 1]
The plat submitted by an applicant for a minor subdivision approval shall contain the following information:
a. 
A key map showing the entire subdivision and its relation to surrounding areas, preferably at a scale of not less than four hundred (400') feet to the inch. The key map shall show not less than the following information: The location of the proposed subdivision to the nearest major arterial streets on all sides of the proposed subdivision. This information shall be obtained from the tax map of the Township, and the location of all streams within five hundred (500') feet of the tract or proposed subdivision.
The plan shall conform to one of the following sizes: eight and one-half by thirteen (8 1/2" x 13") inches, fifteen by twenty-one (15" x 21") inches; twenty-four by thirty-six (24" x 36") inches or thirty by forty-two (30" x 42") inches.
b. 
Certification of an engineer or licensed land surveyor as to accuracy of the details of the plat.
c. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided.
d. 
All easements, private and public.
e. 
Existing zoning.
f. 
The names of the owners of adjoining lots, tax map block and lot numbers as disclosed by the most recent tax records.
g. 
The tract name, tax map block and lot number, date reference meridian graphic scale and following names and addresses:
1. 
Name and address of owner;
2. 
Name and address of person preparing plan and map;
3. 
Name and address of subdivider, if the person be other than owner.
h. 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use and the purpose thereof, all lot lines with accurate dimensions, bearings or deflections, angles, radii, arc and central angles of all curves.
i. 
Minimum front, side and rear building setback lines for each lot and on all other sites in the proposed subdivision.
j. 
Location of all existing monuments.
k. 
All streets or roads proposed, mapped or built within five hundred (500') feet of the subdivision.
l. 
All lots being subdivided together with the boundary and acreage of the entire tract, and the number of new lots being created. The area of each lot shall be shown correct to within one square foot.
m. 
All existing and proposed property lines within and immediately adjoining the tract and all lot lines to be eliminated. All lot lines shall be shown correct to one-hundredth of a foot.
n. 
All existing buildings and structures and their uses, wooded areas, rock outcrops, and isolated trees with a diameter of six (6") inches or more measured five (5') feet above ground level. All streams, lakes, drainage rights-of-way, and streets within the limits of the tract being subdivided and within five hundred (500') feet thereof including the location, width and direction of flow of all streams, brooks, drainage structures and drainage rights-of-way. Any existing features to be removed or relocated shall be indicated. Flood hazard area lines and wetlands and swamps within the tract shall be shown. Contours at two (2') foot intervals and general drainage system shall be shown.
The information required herein for isolated trees and two (2') foot contour intervals shall not be required on any lots which would be five acres or larger in size after subdivision.
o. 
The shortest distance from any existing building to any proposed and existing lot line.
p. 
Accurate delineation of flood plain or restricted areas must be shown on the plan.
q. 
Accurate delineation of Federal Flood Hazard Zone.
r. 
Percolation, water table and soils data for each lot being created under the proposed subdivision.
s. 
All that information required by subsection 16-5.2 which is not included in this section.
t. 
Plat must be drawn to conform to the requirements of the Burlington County Land Development Review Resolution, Article 4.09.
u. 
Such other information deemed necessary by the Planning Board.
v. 
Signature lines for the Chairman and Secretary of the Planning Board and the Burlington County Planning Board.
[Ord. #1985-8, A IX, § 1]
Before preparing and submitting their preliminary plat, the developer is requested to submit a sketch plat of major subdivision and informally discuss the proposal with the Planning Board.
[Ord. #1985-8, A IX, § 2]
It is the intent of the Board to establish initial contact with the subdivider of a proposed subdivision prior to the time the developer or subdivider finalizes the street and lot scheme for the subdivision. It is the express intention of the Board that the Board and the subdivider or developer shall be in substantial agreement on the design of the street system and the lotting patterns of the proposed subdivision prior to the start of the detailed engineering design work required at the preliminary plat stage.
[Ord. #1985-8, A IX, § 3]
The purpose of the preliminary plat is to provide the Board with the detailed drawings of what is expected to become the final subdivision plat. These drawings shall be precise and accurate in order to give the Board and its representatives who are charged with the responsibility of reviewing the plat, all the data and preciseness necessary for a detailed review.
[Ord. #1985-8, A IX, § 4]
a. 
The developer or subdivider must submit to the Administrative Officer at or prior to a work session of the Board at least 12 black and white prints of the preliminary plat together with three completed application forms to tentative approval. The secretary of the Planning Board shall distribute the preliminary plat to the Board Members, Board Engineer and Solicitor and to such other persons as may be determined by the Board. No public hearing shall be scheduled by the applicant until such submission at or prior to a work session and review of the plans by the Board at which time it shall be determined whether or not the application is complete. The developer can attend the work session and receive a date for his public hearing.
b. 
The Planning Board shall, in all cases involving applications for tentative major subdivision approval, fix a date for the public hearing thereon and the applicant shall give notice of the same in the manner and form required by the "Act" in R.S. 40:55D-11 and 12 and shall provide the Planning Board with proof of having complied therewith prior to conducting the public hearing.
c. 
If the Board acts favorably on a preliminary plat, the Chairman of the Board and Secretary of the board, together with the Board Engineer, shall affix their signature to five copies of the approved plat, retaining one in the Board's file, giving three to the Board's Engineer and returning one to the subdivider for compliance with final approval requirements.
d. 
Any approval granted by an approval agency pursuant to this section shall not take effect and no development shall be carried out until the provisions of Section 16-5 concerning Pinelands Commission notification and review have been satisfied.
[Ord. #1985-8, A X, § 1]
The preliminary plat shall be designed in accordance with the provisions of Section 16-11 and in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Board.
For initial consideration by the Board prior to the granting of tentative approval, the plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which tentative approval may be granted and shall include:
a. 
A key map showing the entire subdivision and its relation to surrounding areas including zoning of the subdivision and the adjacent areas.
b. 
The tract name, tax map sheet, block and lot number, date, reference meridian and graphic scale.
c. 
Acreage of tract to be subdivided to nearest tenth of an acre.
d. 
Contours at two (2') foot intervals to determine the general slope and natural drainage of the land and the high and low points of all proposed new streets. All elevations shall be based on U.S. Coast and Geodetic Survey Datum.
e. 
Name and address of person who prepared map.
f. 
Cross section of the proposed streets.
g. 
Lot grades to indicate drainage pattern.
h. 
When a natural waterway traverses or borders the tract for which approval is being sought, the subdivider must submit to the Planning Board either (1) a copy of a permit issued by the New Jersey State Water Policy Commission approving the alignment, easements and design of the waterway, or (2) evidence that said plans do not require Water Policy Commission approval.
In those instances where a State Water Policy Commission permit is required, a copy of the plans with the approval of the Commission endorsed thereon must be filed with the Secretary of the Board.
i. 
A copy of the protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the Preliminary Plat.
j. 
Route numbers for State and County Highways and Roads.
k. 
An indication of drainage conditions and directions of water flow on side of road(s) opposite subdivision.
l. 
A statement on the number of lots and minimum zoning requirements.
m. 
Location of all existing utilities.
n. 
In the case of major subdivisions which qualify as minor development, all that information required by subsection 16-5.2 which is not included in this section.
o. 
In the case of major subdivisions which qualify as major development, a Certificate of Filing from the Pinelands Commission pursuant to subsection 16-5.3 and Section 4-304 of the CMP.
[Ord. #1985-8, A X, § 2]
With submission of the preliminary plat, the developer shall submit:
a. 
Closed outbound survey;
b. 
Drainage calculations;
c. 
Certificate that the applicant is the owner of the land or his authority to sit as agent for the owner. Give names and addresses of both.
d. 
Certification that taxes have been paid to date;
e. 
Certification of an engineer or licensed land surveyor;
f. 
Test boring information showing ground condition and water table, minimum boring depth of ten (10') feet, minimum to be one test for each 10 acres and one test for each type of soil on the tract, or as determined by the Board.
[Ord. #1985-8, A X, § 3]
After the general terms and conditions have been agreed upon, but before tentative approval is granted, the subdivider must submit on one map plans of proposed utility layouts, (sanitary sewers, storm sewers and the drainage structures) showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewerage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State health agency. Any subdivision or part thereof, which does not meet with the establishing requirements of this Chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a siltation shall first be approved by the appropriate local, County or State health agency.
[Ord. #1985-8, A X, § 4]
When the preliminary plat, which has been granted tentative approval, forms the basis upon which application for final approval will be made, such plat map and other accompanying engineering plans must be prepared by a licensed professional engineer and a licensed land surveyor in compliance with all the provisions of Chapter 358 of the Laws of 1953 before the required improvements of the subdivision ordinance are installed or the performance guarantees for same are furnished, which requirements must be met before application and the granting of final approval of the plat can be made.
[Ord. #1985-8, A X, § 5]
No building permit for development of the subdivision proper shall be issued until final approval of the plat has been granted, excepting such permits as are necessary for the installation of the improvements.
[Ord. #1985-8, A X, § 6]
All plans submitted to the Tabernacle Township Planning Board for review shall be clearly and accurately drawn at a scale indicated in the chart below:
Subdivisions (Preliminary Plat)
Area
Scale
less than 25 acres
not less than 1":50'
25 to 150 acres
not less than 1":100'
more than 150 acres
not less than 1":200'
[Ord. #1985-8, A XI, § 1]
The applicant shall observe the following requirements and principles of land subdivision and site planning in the design of each subdivision and site plan or portion thereof in a manner also conforming with other ordinances of the Township. All development authorized under this Chapter shall comply with the development standards contained or referenced in Section 17-6 of the Township Zoning Ordinance in addition to all other regulations of this Chapter.
[Ord. #1985-8, A XI, § A]
Any minor or major subdivision shall demonstrate conformance to design standards that will encourage sound development patterns within the Township. Where either an official map or master plan have been adopted the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public park and playgrounds, scenic sites, historic sites, and flood control basins shown on the officially adopted master plan or official map shall be considered in the approval of subdivision plats. In accordance with good subdivision design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the Board. All improvements shall be installed in required locations to enable future connections with approved systems or contemplated systems, and shall be adequate to handle all present and probable future development.
[Ord. #1985-8, A XI, § B]
a. 
Major and minor subdivisions shall be served by paved public streets with an all weather base and pavement with an adequate crown. The arrangement of streets not shown on the master plan or official map shall be such as to provide for the appropriate extension of existing streets and should conform with the topography as far as practicable.
b. 
When a new subdivision adjoins land capable of being subdivided, suitable provisions shall be made for optimum access from the remaining or adjoining tract to existing or proposed streets.
c. 
Minor streets shall be designed to discourage through traffic.
d. 
In all residential zones, all major subdivisions bounded by any arterial, primary, or secondary street shall control access to the streets by having all driveways intersect minor streets. In primary or secondary street, right-of-way shall either be planted with nursery grown trees to a depth of not more than twenty-five (25') feet from the right-of-way line and for the full length of the subdivision, so that in a reasonable period of time a buffer will exist between the development and the highway, or, where topography permits, create earthen berms at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than six (6') feet in height and they shall be stabilized by ground cover and trees to prevent soil erosion. All trees shall meet the requirements set forth in the General Provisions Section of the Zoning Chapter under Buffers. Driveway entrances to arterial, primary or secondary streets shall be prevented as much as possible. Where the size, shape, location or some other unique circumstances may dictate no other alternative than to have a driveway enter an arterial, primary or secondary street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial, primary or secondary street. All lots requiring reverse frontage shall have an additional twenty-five (25') feet of depth to allow for the establishment of the buffers outlined in this section, unless such buffers are established in a reserve strip controlled by the Township or County.
e. 
In all major or minor subdivisions the minimum street right-of-way shall be measured from lot lines to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedule. In addition, where any arterial, primary or secondary street intersects another arterial, primary or secondary street, the right-of-way and cartway requirements shall be increased by ten (10') feet on the right side of the street approaching the intersection for a distance of three hundred (300') feet from the intersection of the centerline.
Street Class
Row Width
Width Between Curbs
Without Curbs
Arterial 2
Primary
86'
46'
Secondary
66'
44'
30' - 2 ft. edge treatment on each side of the cartway consisting of quarry blend or such other similar treatment which shall be approved by the Township Engineer as being of equal quality and able to serve the intended purposes.
Minor
50'
34'
30' - 2 ft. edge treatment on each side of the cartway consisting of quarry blend or such other similar treatment which shall be approved by the Township Engineer as being of equal quality and able to serve the intended purposes.
f. 
No minor or major subdivision showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to a public body.
g. 
In the event that a major or minor subdivision adjoins or includes existing Township streets that do not conform to widths as shown on either the master plan or official map or the street width requirements of this Chapter, additional land along both sides of the street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Tabernacle permitting the Township to enter upon these lands for the purposes provided for and expressed in the Land Subdivision Ordinance of the Township of Tabernacle." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain the facilities on the plat or as provided for by any maintenance or performance guarantee. If the subdivision is along one side only, one-half of the required extra width shall be anticipated. For any subdivision that portion of the existing street or road adjoining or included within a subdivision shall be improved, including excavation, grading, base and surfacing, in accordance with road improvement standards of this Chapter.
h. 
Longitudinal grades on all minor streets shall not exceed 10% nor 4% on arterial, primary and secondary streets. No street shall have a longitudinal grade of less than one-half of one (.5%) percent. Maximum grades within intersections shall be 4%. The slope of the cartway from the centerline to the curb line or edge of the paving shall be two and one-half (2 1/2%) percent. Where the cartway is banked to facilitate a curve in the street alignment, the slope toward the curb line or shoulder shall conform to accepted engineering practice.
i. 
Intersecting street centerlines shall be as nearly at right angles as possible and in no case shall they be less than sixty (60°) degrees at the point of intersection. The curb lines shall be parallel to the centerline. Approaches to all intersections shall follow a straight line for at least one hundred (100') feet measured from the curb line of the intersecting street. No more than two street centerlines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall not be offset unless, measuring from the point of intersection of the street centerlines, the two intersections shall be spaced a sufficient distance to permit a minimum of two lot depths between the two street rights-of-way, but not less than two hundred (200') feet between rights-of-way. Any subdivision abutting an existing street which is classified as an arterial, primary or secondary street shall be permitted not more than one new street every eight hundred (800') feet within the boundaries of the tract being subdivided on the same side of the street. In the spacing of streets, consideration shall be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curb line with the street having the highest radius requirement as outlined below determining the minimum standard for all curb lines; arterial forty (40') feet, primary or secondary, thirty (30') feet; and minor streets, twenty (20') feet. In the spacing of streets, consideration shall be given to the location of existing intersections on both sides of the development. No local streets shall be part of a four way intersection.
j. 
For both major and minor subdivisions, sight triangle easements shall be required at all intersections, in addition to the right-of-way width outlined above, in which no grading, planting or structure shall be erected or maintained between thirty (30") inches and eight (8') feet above the street centerline except for street name signs and official traffic regulation signs. The sight triangle is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points one each located on the two intersecting street centerlines: arterial, primary and secondary streets at one hundred (100') feet; and minor streets at thirty (30') feet. Where the intersecting streets are both arterial, primary or secondary, or one of each, two overlapping sight triangles shall be required formed by connecting the sight noted above with a sight point thirty (30') feet on the intersecting street. Such easement dedication shall be expressed on the plat as follows: "Sight triangle easement to which the area is subject to the provisions of the Land Subdivision Ordinance of the Township of Tabernacle."
k. 
A tangent at least two hundred (200') feet long shall be introduced between reverse curves on arterial, primary and secondary streets. When connecting street lines deflect in any direction from each other at any one point by more than ten (10°) degrees they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the right-of-way shall be three hundred fifty (350') feet for a minor street, five hundred (500') feet for a primary or secondary street, and eight hundred (800') feet for an arterial street.
l. 
All changes in grade where the difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least fifty (50') feet for each 2% difference in grade, or portion thereof, and providing minimum sight distances of three hundred fifty (350') feet for a minor street, five hundred (500') feet for a primary or secondary street, and eight hundred (800') feet for an arterial street.
m. 
Dead-end, cul-de-sac, streets.
1. 
Dead-end streets of a permanent nature, where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible, or of a temporary nature, where provision is made for the future extension of the street to the boundary line of adjoining property shall provide a turnaround at the end with a right-of-way radius of not less than seventy-five (75') feet and a cartway radius of not less than sixty-three (63') feet. The center point for the radius shall be on the centerline of the associated street or, if off-set to a point where the radius becomes a tangent to one of the curb lines of the associated street.
2. 
If a dead-end street is of temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties when the street is extended.
3. 
A dead-end street shall serve no more than 14 lots.
n. 
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound as to be confused with the names of existing streets. The continuation of an existing street shall have the same name. The names of new streets must be approved by the Township.
o. 
Drainage. All streets shall be provided with catch basins and pipes where the same may be necessary for proper surface drainage. The requirements of this subsection shall not be satisfied by the construction of dry wells. The system shall be adequate to carry off or store the storm water and natural drainage water which originates beyond the subdivision boundaries and that which originates within the subdivision boundaries and passes through the subdivision calculated on the basis of maximum potential development as permitted under the provisions of the zoning chapter. No storm water run off or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage on other lands without proper and approved provisions being made for taking care of these conditions.
p. 
General. All materials, equipment, and methods of construction shall conform to the latest Standard Specification for Road and Bridge Construction of the New Jersey State Highway Department, 1961. Each stage of construction must be approved by the Engineer prior to commencing the next stage. The Engineer shall be notified at least one working day prior to the start of any stage.
q. 
Subgrade. The subgrade shall be in a proper finished condition conforming to the proper line and grade and free of any soft spots or other deficiencies. The subgrade shall be tested by running a roller of a weight at least equal to that to be used in the paving operation over the entire subgrade. If the deformation of the subgrade is excessive, in the opinion of the Engineer, the subgrade must be stabilized in a manner satisfactory to the Engineer. Adequate underdrains shall be constructed where the normal ground water level is within two feet of the surface of the subgrade.
r. 
Township streets shall be constructed in accordance with the following standards:
Primary Streets:
6" Soil Aggregate, Type 2, Class A or B
4" Bituminous Stabilized Base Course
2" Pavement, Type FABC-1 Surface Course
Secondary and Minor Streets:
4" Bituminous Stabilized Base Course
2" Pavement, Type FABC-1 Surface Course
If the subgrade has a CBR value of 20 or greater, as determined by the American Society for Testing and Materials Method for Bearing Ratio of Laboratory Compacted Soils, no subbase course is required for secondary and minor streets. Subgrade soils having a CBR value of less than 20 will require a subbase course of Soil Aggregate, Type II, Class A or B, 4" minimum thickness.
The base course shall be constructed prior to the issuance of any Certificate of Occupancy. The surface course shall not be constructed until at least one year after the completion of the Base Course or as directed by the Engineer. However, temporary paving shall be placed around manholes, valve boxes, inlets, etc., immediately after the construction of the Base Course. A tack coat of asphaltic oil shall be applied to the Base Course prior to the construction of the surface course.
[Ord. #1997-7, § 3]
For all new construction on flag lots and/or driveways of more than three hundred (300') feet in length:
a. 
A ten (10') foot wide cleared surface able to hold emergency vehicles. The cleared area need not be improved or constructed of impervious materials.
b. 
A cleared area of two (2') feet on both sides at the ten (10') foot wide cleared and graded surface. (This would result in a total of fourteen (14') feet of cleared area and the Pinelands would have to be consulted. The difference between this provision and the one above is that the two (2') feet on either side of the drive need not have the bearing weight set forth above).
c. 
An overhead clearance of twelve (12') feet.
d. 
Curves of driveways would require a wider than ten (10') foot surface.
e. 
For driveways longer than three hundred (300') feet, a bypass area every three hundred (300') feet on ten (10') foot wide drives should be constructed. The bypass area should be at least twenty-five by eight (25' x 8') feet abutting the drive. At the end of the drive, a turn around area of fifty by thirty-five (50' x 35') feet should exist. The requirement for the turn around area is not applicable to circular drives.
f. 
Street signs and addresses must be posted.
g. 
On a flag lot the drive must be installed next to the other lot of the subdivision unless a roadway or drive within the flag stem already exists.
[Ord. #1985-8, A XI, § 1C]
Concrete curb with gutter, or concrete curb shall be installed along every street within the development and at intersections with Township roads, County roads and State highways. The Planning Board may, at its discretion, waive the installation of such curbs if it determines that the same are not necessary in the development plan before it for review. Among the factors to be considered with respect to installation or omission of curb and gutter and the extent and location of same are the following: drainage, environmental consideration, street intersections, curve radii, the location of culverts, the existence of swales and other similar items.
The standard curb section to be used shall be not more than twenty (20') feet in length, shall be set in accordance with approved lines and grades, and radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited.
Concrete curbs shall be nine (9") inches by twenty (20") inches with eight (8") inch exposed face on primary streets and six by six by eighteen (6 x 6 x 18) six (6") inches exposed face on secondary and minor streets. Traverse joints one-half (1/2") inch wide shall be installed in the curb 20'-0" apart and shall be filled with preformed bituminous-impregnated fiber joint filler. Concrete shall be Class B and shall be air entrained. All concrete shall have a slump of no greater than five (5") inches in accordance with the testing procedure outlined in A.S.T.M. C143-58 Standard Method for Test for Slump of Portland Cement Concrete. Calcium Chloride is limited to 1% for winter protection.
[Ord. #1985-8, A XI, § D]
Sidewalks shall be required at the Board's discretion depending on the probable volume of pedestrian traffic, the development's location in relation to other populated areas, and the general type of improvement intended. Where required, sidewalks shall be at least four (4') feet wide and located as approved by the Board.
Sidewalks shall be at least four (4") inches thick, six (6") inches in driveways, having a 28 day compressive strength of 4000 psi, be air entrained and have a slump of five (5") inches maximum. Use of calcium chloride is limited to 1% for winter protection. Clump test to be in accordance with ASTM C143-58 for Standard Method of Test for Slump of Portland Cement Concrete.
All sidewalk areas shall be graded in accordance with the approved typical section and shall be stabilized and protected with four (4") inches of topsoiling, fertilizing and seeding.
[Ord. #1985-8, A XI, § E]
a. 
Each land development submitted to the Township of Tabernacle Planning Board shall be reviewed by the Township Engineer to establish requirements to prevent an adverse drainage condition relating to the Township road or drainage facility, and to assure adequate design to minimize future maintenance and avoid flooding damage.
b. 
It shall be the object of this review to prevent the inundation, silting, erosion, and undermining of Township roads and facilities. In cooperation with the New Jersey Department of Environmental Protection, Bureau of Water Control, and the New Jersey Pinelands Commission, review includes consideration of stream encroachment, flood plain protection, and wetlands protection.
c. 
Storm drainage facilities required to accommodate additional storm drainage resulting from the proposed new street construction, access driveways or other construction and directed onto the Township road shall be provided for by the owner without cost to the Township. This may involve reconstruction of existing storm drainage facilities or the construction of new facilities on and/or off the Township right-of-way.
d. 
Basic Drainage Criteria:
1. 
For both major and minor subdivision, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of storm water in pools.
2. 
For both major and minor subdivisions, land located in a floodway or wetland shall not be plotted for residential occupancy nor for any other purpose which may endanger life or property or aggravate the flood hazard. A floodway within a lot shall not be considered for open spaces, yards, or other similar uses.
3. 
Where a minor or major subdivision is traversed by water course, surface or underground drainage way or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the Township conforming substantially with the lines of such water courses, and such further width or construction, or both, as will be adequate to accommodate expected storm water run off in the future based upon reasonable growth potential in the Township, and, in addition, thereto, a minimum of fifteen (15') feet beyond the bank top on at least one side for access to the drainage right-of-way and, in any event, meeting any minimum widths and locations shown on any adopted official map and master plan. Such easement dedication shall be expressed on the plat as follows: "Drainage and utility right-of-way easement granted to the Township of Tabernacle for the purposes provided for and expressed in the Land Subdivision Ordinance of the Township of Tabernacle."
4. 
The land developer shall provide for the protection and/or improvement of roads and drainage facilities in accordance with the design standards specified in this Chapter.
5. 
Tabernacle Township has adopted design criteria intended to conform with the laws of New Jersey, the Pinelands Comprehensive Management Plan and good drainage practice. The purpose of the criteria is to set appropriate standards.
(a) 
The objective of these standards is to review drainage in the following categories:
Watersheds
Land Development (Subdivision and Site Plan)
Roadway Storm Drainage
Erosion and Sediment Control
(b) 
The four categories have different objectives and, therefore, the criteria are not the same. The basic references are as follows:
Category
Objectives
Criteria Reference
Watersheds
Flood Control
N.J. Special Report 38
Land Developments (Site Plan and Subdivision)
Adequate Drainage
Burlington County, and Section 6-804.4. of the CMP.
Roadway Storm Drainage
Roadway Drainage (only)
N.J. DOT and Burlington Co. Standards and Section 6-804.D. of the CMP.
Erosion and Sediment Control
Soil Erosion Control
Standards for Soil Erosion and Sediment Control in New Jersey
e. 
Watershed — Drainage Criteria.
1. 
Construction and encroachments in flowing streams shall be designed using major watershed criteria whenever the drainage area is 1/2 square mile or larger. For watersheds of the size of 1/2 square mile up to one square mile the Rational Method may be used. For watersheds in excess of one square mile, Special Report No. 38 shall be used for the purpose of computing design discharge.
2. 
The State of New Jersey, Division of Water Resources, sets the standards for storm discharge from drainage areas where an encroachment upon a stream is involved. It is the intent of the standards set forth in this Chapter to conform to the State of New Jersey standards. In general, the State's criteria is a One hundred Year Flood Frequency.
f. 
Land Development Drainage Criteria.
1. 
The Soil Conservation Service Method as outlined in Technical Release No. 55 or the National Engineering Handbook, section 4, shall be used to calculate the volume and rate of runoff. For parcels of land less than one acre in size, the Rational Method may be used to calculate the rate of runoff.
2. 
Information in Table 2-2 of Technical Release No. 55 shall be used. Run off coefficients, rainfall intensity factors, friction factors and soil factors will be checked and will be reviewed for pertinence to the projects.
3. 
Retention Basins, Detention Basins, and Flood Plain Storage — In order to minimize peak downstream flows resulting from intensified upstream development, this criteria sets standards with the following objectives:
(a) 
To prevent any reduction in the volume of flood storage along existing waterways;
(b) 
To provide detention basins with outlet flow control and/or maintain flood plain storage as necessary to prevent peak rates of outflow after development of a tract from exceeding the peak rates prior to said development;
(c) 
In any case where an existing waterway traverses a tract of land to be developed, the volume of flood waters stored in the waterway and the related flood plain between the normal low water elevation and the flood elevation as determined by the Design Storm Frequency in Table 15 of the Land Development Review Resolution of the Burlington County Planning Board, shall be no less after development than prior to development;
(d) 
The maintenance of the flood plain storage volume shall be accomplished by leaving the flood plain area undisturbed;
(e) 
In any case where the development of the property will increase volume and peak runoff rates, detention basins or retention basins shall be provided as necessary to off-set such increases;
(f) 
Where peak flow reduction is to be accomplished by provision of a detention basin, the peak rate of outflow permitted would be that occurring prior to development, using the pre-development time of concentration or a time of concentration of 60 minutes, provided that the volume of outflow shall not exceed a 50 year 24 hour predevelopment volume;
(g) 
The rates and volumes of inflow shall be based on similar assumptions to those that are used in Technical Release No. 55 and the duration of storm used to determine such rates and volumes shall be that which will require maximum storage. In general, the duration of the critical storm will be appreciably greater than the time of concentration of flow into the basin;
(h) 
A suitable method of flood routing shall be used to demonstrate that the storage being provided is adequate. Routing should be based upon inlet structure or the downstream flow characteristics of the channel, whichever controls the characteristics of the storage to be provided and inflows from inflow hydrograph as determined in paragraph (g) above, for detention basins and/or storage area. Storage shall be provided so that it commences before outflow from the site occurs. Average outflow rate should be designed not to exceed 2/3 of the peak outflow rate in the undeveloped state.
4. 
The benefits or artificial retention/detention basins must be weighed together with other accepted devices to minimize downstream flooding resulting from increased upstream development. The criteria set forth in the section above and the following standard are intended to guide land developers:
(a) 
Basins shall be designed with adequate freeboard and provisions for overflow. The recommendations of the Soil and Sediment Control Manual and proper soil investigation and analysis shall be the minimum specification for earth work.
(b) 
Design of retention/detention basins and maintenance responsibility shall be fully considered and shall be given critical "case by case" review to avoid objectionable and/or unsightly appearance.
(c) 
Design Storm Frequency shall not be less than shown in Table 15 of the Land Development Review Resolution of the Burlington County Planning Board for the applicable condition and size of area.
(d) 
Upon recommendation of the Township Engineer that an in-depth routing analysis of the effects of a detention basin is required, the Planning Board may require that such an analysis be made. The Engineer is not restricted as to method, but shall furnish computation and analysis. Preliminary design may be used in lieu of detailed computations but detailed data will be requested before final approval of a project is given.
(e) 
The basin discharge rates shall not exceed the peak discharge rate prior to development as calculated by S.C.A. Technical Release No. 55 for a 24 50 year storm.
(f) 
Compensating storage may be of many different types or combinations such as, but not limited to the following: paved, unpaved, wooded areas, building roofs and parking lots.
(g) 
Tracts where permanent storm water detention basins are either proposed or required shall be constructed in the following manner. More than one facility may be required.
(1) 
Each detention pool shall contain a primary water depth with a capacity to accept all the surface water directed to it from a four (4") inch rain in 24 hours.
(2) 
Vertical holes filled with coarse rock may be provided within the detention pool to assist water percolation into the soil for the detained water at the primary water level.
(3) 
Each detention pool shall be designed for a secondary water depth which shall provide for water to be drained off through outlets. The secondary water depth shall, together with the primary water depth capacity, accept all the surface water directed to it from a five (5") inch rain in 24 hours.
(4) 
Each detention pool shall also have a tertiary water depth which will allow water levels in excess of the secondary water depth capacity to drain out one or both ends along the surface of a spillway to a natural drainage course. The rate of discharge from the secondary and tertiary depths shall not exceed the rate and volume at which storm water left the property when the property was in its natural state. The tertiary water depth capacity shall, together with the primary and secondary water depth capacities, accept all the surface water directed to it from a 24 hour, 50 year storm.
g. 
Open Channels.
1. 
Channels for the conducting of storm flows shall provide for design storm frequency as shown on Table 15 of the Land Development Review Resolution of the Burlington County Planning Board.
2. 
Open channels shall be designed to provide stable soil side slopes. See Tables 17 and 18 of the Land Development Review Resolution of the Burlington County Planning Board for maximum velocity and soil texture.
3. 
Channel design shall include suitable vegetative cover and provision to prevent erosion during construction. See Standards for Soil Erosion and Sediment Control.
4. 
The Manning Formula may be used in designing open channels. Recommended roughness coefficients ("n") for concrete lined channels are .015 - .025. For natural vegetative channels, "n" varies from .03 to .15.
5. 
All channels and storm sewers shall serve two major functions.
(a) 
To carry the maximum discharge for which it is designed;
(b) 
To transport suspended solids in such a manner that deposits are kept to a minimum.
6. 
Effort should be made to control stream bank erosion aggravated by velocity problems associated with the more frequent one ((1) to five years) flood event.
7. 
In relation to the above, consideration must be given to location of buildings for which flood level should comply with National Flood Insurance (100 year event).
h. 
Roadway Storm Drainage Criteria.
1. 
The intent of these criteria is to conform with the New Jersey Department of Transportation, Burlington County Department of Transportation and Pinelands Commission standards and method of calculations for roadway drainage.
2. 
For small road projects, parking areas, and industrial and commercial centers connecting into Township drainage facilities the five year design storm frequency shall be used to determine drainage to Township facilities; however, connections which increase direct discharge into streams shall not be permitted.
i. 
Storm Sewer Systems on Township Roads.
1. 
Inlet spacing shall not exceed four hundred (400') feet or a design inlet flow of 6.0 cfs, whichever conditions shall be more stringent. Access manholes shall be spaced at four hundred (400') feet intervals (maximum) through rights-of-way and at sewer junctions where there are no catch basins.
2. 
Sewers shall be designed using the Manning Formula for flow in pipes. Minimum design velocity flowing full shall be the cleaning velocity of the pipe. Recommended roughness coefficients ("n") for pipes are shown in Table 20 of the Land Development Review Resolution of the Burlington County Planning Board. The five year design storm frequency shall be used in the design of storm sewers on line. In addition to these requirements a 10 year design storm frequency at low points with overland relief shall be used, and a 25 year design storm frequency at low points without overland relief.
3. 
"Dish" type intersections or rocker gutters crossing Township roads will not be allowed. Sufficient catch basins shall be installed at each street intersection to avoid gutter overflow at low points in the street grade.
4. 
Pipe used shall be circular reinforced concrete pipe, Class III, Wall B, minimum 18" I.D. unless otherwise approved by the Township Engineer, and laid with not less than two (2') feet depth to cover over the top of pipe.
5. 
In pipe sizes less than forty-eight (48") inches in diameter, all transitions in slopes, horizontal direction, junctions and change in pipe sizes shall be confined to manholes, catch basins, or other accessible structures designed for one or more of these purposes. In forty-eight (48") inch pipe lines and larger, vertical and horizontal deflections may be accomplished using one hundred (100') foot radius curves, or greater.
6. 
Capacity of inlets in sumps must be known in order to determine the depth and width of ponding in the street. For ordinary design, a grate inlet in a gutter may be considered as an orifice of area equal to the clear openings in the grate with a coefficient of discharge equal to 0.6. The capacity of an unclogged grate inlet in a sump is:
Q
=
0.6 2 gh A,
where
Q
=
capacity of cfs.
A
=
area of clear opening in square feet
g
=
gravitation acceleration in feet per second per second (32.2 ft./sec./sec.)
h
=
head in feet
For Type "E" Inlets, A
=
6.0 square feet
For Type "A" Inlets, A
=
3.0 square feet
A curb opening inlet can be considered as a rectangular weir whose capacity is:
Qc - 3.0 h
3/2
L
where
Qc
=
capacity of cfs.
h
=
head in feet
L
=
length of curb opening in feet
7. 
Ends of pipe starting or terminating in an open ditch shall have suitable headwalls. Flared end sections and other protective treatment will be considered in specific cases such as parallel ditches. Refer to Figures 39A and 39B of the Land Development Review Resolution of the Burlington County Planning Board.
8. 
Type B inlets shall be required at points along the curbline to insure that drainage flow does not exceed 6 cfs. Inlets shall also be placed at low points along the curbline.
New culverts and bridges shall be designed to conform to design criteria and requirements of the Burlington County Land Development Review Resolution.
The above criteria shall be applied to all land developments occurring in the Township. Under some conditions, the criteria may be waived, namely, where they would impose unreasonable hardship on the owner. Approaches other than those suggested may be used providing they can be clearly shown to accomplish the purposes set forth in this Chapter.
[Ord. #1985-8, A XI, § F]
a. 
All projects shall be built in a manner to control soil erosion. The New Jersey Standards for Soil Erosion and Sediment Control have been adopted by the Burlington County Planning Board, and endorsed by the Tabernacle Township Planning Board. The standards may be seen and referred to at the County Planning Board Office and are obtainable from the New Jersey State Department of Environmental Protection.
b. 
An important aspect of erosion and sediment control relates to the construction period. The project shall be reviewed for the Township Planning Board by the Burlington County Soil Conservation District. It is a requirement that the project be constructed in conformance with the Soil Conservation District recommendations for erosion and sediment control during the construction period.
[Ord. #1985-8, A XI, § G]
Street signs shall be metal on metal posts or treated wooden signs of the type, design and standard previously installed elsewhere in the Township. The location of the street signs shall be determined by the Board but there shall be at least two street signs furnished at each four way intersection and one street sign at each T intersection. All signs shall be installed free of visual obstruction. Stop signs shall also be installed in those locations directed by the Planning Board.
[Ord. #1985-8, A XI, § H]
All shade trees shall meet the standards set forth in the general provisions section of the zoning ordinance under "buffers." Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading construction requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform with the adjacent lots. Dead or dying trees shall be replaced by the subdivider during the next recommended planting season.
[Ord. #1985-8, A XI, § I]
Monuments shall be the size and shape required by R.S. 46:23-9.12 and shall be placed in accordance with the statutes and indicated on the final plat. All lot corners shall be marked with a metal alloy pin of permanent character.
[Ord. #1985-8, A XI, § J]
All public services shall be connected to an approved public utilities system where one exists. For all major subdivisions the subdivider shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and the subdivider shall provide the Township with three copies of a final plat showing the installed location of these utilities. For minor subdivisions, service to serve the lands being subdivided are underground. For major subdivisions, the subdivider shall submit to the Board, prior to the granting of final approval, a written instrument from each serving utility, which shall evidence full compliance or intended full compliance with the provisions of this paragraph; provided, however, lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities overhead lines shall be installed underground in the case of existing overhead utilities, should a road widening, or an extension of service, or other such condition occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.
An installation under this subsection to be performed by a servicing utility shall be exempt from the provisions of Section 16-13 requiring performance guarantees and inspection and certification by the Township Engineer. Where natural foliage is not sufficient to provide year round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round on any lot where, by reason of soil conditions, rock formations, wooded area, or other special condition of land, the applicant deems it a hardship to comply with the provisions of this subsection, the applicant may apply to the Board for an exception from the terms of this paragraph. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid clearing swaths through tree areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.
[Ord. #1985-8, A XI, § K]
Any lake constructed to provide waterfront lots for a residential development shall have a minimum area covered by water of at least five acres and an average depth of water of not less than three (3') feet from May 1st to September 1st of each year.
[Ord. #1985-8, A XI, § L]
a. 
Whenever this Chapter requires the installation of electric utility installations underground, the applicant shall provide for the installation of underground service for street lighting.
b. 
Street lighting standards of a type and number approved by the Planning Board and Township Engineer, shall be installed at the discretion of the Planning Board at all street intersections and elsewhere in the development as deemed necessary. The Planning Board shall be guided in its determination of the need or lack of need therefor by such factors as character of the area in question, the anticipated pedestrian traffic in the area and the anticipated motor vehicle traffic in the area.
[Ord. #1985-8, A XI, § M]
Before final approval of a subdivision, site plan or other development plan submitted in conjunction with a variance application, the approving authority may require in accordance with the standards of this Chapter and an adopted circulation plan and utility service plan, the installation, or the furnishing of a performance guarantee and maintenance guarantee in lieu of installation, of any or all of the following off-site and off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on the land other than the developer's property: street improvements, water system, sewerage, drainage facilities and easements therefor.
Where such improvements are required, the approving authority shall refer the requirements to the governing body for concurrence and for approval of a performance guarantee to be followed by a maintenance guarantee, if any shall be so required.
The governing body shall determine as to each required improvement whether they are to be constructed or paid for (a) by the municipality as a general improvement or (b) as a local improvement or (c) whether it is to be done by the developer with a formula providing for partial reimbursement if the improvement specifically benefits properties other than the subdivision. In the absence of any specific finding or determination made by the governing body with respect to each off-tract improvement, each off-tract improvement shall be constructed or paid for under the local improvement method.
Once the decision as to the type of financing for the improvement has been made, the Planning Board shall estimate, with the aid of the Municipal Engineer, the Township Assessor and any other person who the Planning Board feels has pertinent information or expertise in the matter:
a. 
The cost of the improvement;
b. 
The amount by which all properties to be serviced thereby including the lands subject to development, will be specially benefited therefrom.
When this has been determined the applicant shall be required to provide as a condition for approval of this development application a bond, cash deposit or such other surety as is satisfactory to the municipality and the governing body thereof, to insure payment to the municipality the estimated amount by which the subdivision property or property subject to development will be specially benefited by the improvement.
Since the above amount is only an estimated amount, it shall be redetermined once the improvement is complete. The developer shall make up any deficiency in his proportionate share and any overage will be returned to him.
[Ord. #1985-8, A XI, § N]
Block length, width and acreage within the block's boundary roads shall be sufficient to accommodate the size lot required in that zoning district by the zoning ordinance and to provide for convenient access, circulation control and traffic safety.
Blocks over one thousand (1,000') feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks or bikeway between lots may be required in locations deemed necessary by the Board, and shall be at least ten (10') feet wide and be straight from street to street. Blocks over one thousand five hundred (1,500') feet in residential areas shall be prohibited. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.
[Ord. #1985-8, A XI, § O]
a. 
Lot dimensions and area shall not be less than the requirements of the zoning ordinance. No lands located within the floodplain, flood hazard area or drainage rights-of-way shall be included in such requirements and only contiguous areas shall be calculated.
b. 
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
c. 
Each lot must front upon an approved, paved public street at least fifty (50') feet in width. Through lots with frontage on two streets will be permitted only under the following conditions:
1. 
Where the lots abut an arterial, primary or secondary street.
2. 
Where the length of the lot between both streets is of a length that future division of the lot into two lots is improbable.
3. 
Where access shall be to one street only, which street shall be the one with the lower traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat, and in any deed, that street access is prohibited.
d. 
Where extra width has either been dedicated, or provided for widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line.
e. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as wetlands, poor drainage conditions for flood conditions, or where percolation tests or soil logs show the ground conditions to be inadequate for proper on-lot sewage treatment, rock formations, slopes in excess of 25%, or other circumstances where development is precluded by the standards contained in Article II, General District Regulations, of Chapter 17, Zoning, the Board may, after adequate investigation, withhold approval of such lots. If approval is withheld, the Board shall give its reasons, notify the applicant, and enter its action in the Minutes and on each denied lot on the plat.
[Ord. #1985-8, A XI, § P]
a. 
Utility Easements. In large-scale developments easements along real property lines or elsewhere for utility installation may be required. Such easements shall be at least fifteen (15') feet wide and located in consultation with the companies or Township departments concerned and to the fullest extent possible, be centered on or adjacent to rear or side lot lines.
b. 
Natural Features. Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
c. 
Conservation Easement. Where the master plan or official map of the Township delineates flood plains and other critical areas, flood plain and conservation easements shall be delineated on the plat. A conservation easement or flood plain shall prohibit the removal of trees and ground cover except for the following purposes:
1. 
The removal of dead or diseased trees.
2. 
Limited thinning of trees and growth to encourage the most desirable growth.
3. 
The removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes, provided that such activities are consistent with Section 17-34, Wetlands, of Chapter 17, Zoning.
These areas shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined. The boundary lines of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: "Conservation easement granted to the Township of Tabernacle as provided for in the Land Subdivision Ordinance of the Township of Tabernacle."
d. 
Fire-Fighting Facilities. Where streams or ponds exist, or are proposed on lands to be subdivided, facilities shall be provided to draft water for Township fire-fighting purposes that are usable all seasons of the year. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams and similar on-site developments, where feasible. Such facilities shall be constructed to the satisfaction of the Township Engineer and in accordance with fire insurance rating organization standards.
e. 
Erosion, Storm Water Control and Excavation. The development shall adhere to the standards set forth in the Pinelands Comprehensive Management Plan and any applicable Township ordinances which govern soil removal, soil erosion, sediment control, flood plain ordinances or tree removal, resource extraction etcetera.
f. 
Water Supply. Where water is accessible from a servicing utility, the subdivider shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot or dwelling unit within the subdivision or development. The entire system shall be designed in accordance with the requirements and standards of the Township, County or State agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure.
Where public water is not available, water shall be provided by the lot owner on an individual well basis. Such wells shall be designed in accordance with requirements and standards of the Township or State agency having jurisdiction.
g. 
Sanitary Sewers and Septic Systems.
1. 
If a sewage treatment and distribution system is accessible, the subdivider shall construct facilities in such a manner as to provide adequate sewerage within the subdivision to transport all sewage from each lot and the total development to the treatment and distribution system. Where a proposed treatment and distribution system has been approved by the municipal utilities authority and the system will be accessible to the proposed subdivision, the subdivider shall install dry sewerage designed to tie into the proposed facility upon its completion.
2. 
Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Department of Environmental Protection and Township Ordinances, and shall comply with the water quality requirements of the Department of Environmental Protection, Pinelands Commission, and Township Ordinances.
[Ord. #1985-8, A XI, § Q]
a. 
Such report at the discretion of the Board shall accompany all preliminary plats of major subdivisions, shall provide the information needed to evaluate the effects of a proposed development upon the environment and shall include data, be distributed, reviewed and passed upon as follows:
1. 
A description of the subdivision which shall specify what is to be done and how it is to be done, during construction and operation.
2. 
An inventory of existing environmental conditions at the project site and in the immediate surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof including capabilities and limitations, sewerage systems, topography, slope, vegetation, wildlife habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics and history. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection and Pinelands Commission of the State of New Jersey and soils shall be described with reference to criteria contained in the Burlington Soil Conservation District Standards and Specifications.
3. 
An assessment of the probable impact of the development upon all items set forth in paragraph 2 above, plus the fiscal impact of the municipality, including taxes to be paid and municipal services required.
As a direct result of the investigation made under the environmental impact record, a listing shall be provided which shall be inclusive stipulating the licenses, permits and approvals needed to be furnished by State, County or municipal law. The status of these permits and approvals shall also be included. During the preparation of the impact record, the applicant shall contact all concerned Federal, State, County or municipal agencies or officials adjacent thereto or affected by the proposed development. The report shall include as a result thereof the conclusions and comments of all concerned government officials and agencies. All apropos correspondence between the applicant and these officials and agencies shall be included in the report.
4. 
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation and increase in municipal services. Off-site impact shall also be set forth and evaluated.
5. 
A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the subdivision site and in the surrounding region. Such description shall be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the action to be taken. The developer or its consultants in overall charge of the environmental impact report shall include therein all steps that the applicant or development must undertake to successfully implement the report. Recommended steps shall include a positive statement affirming the developer's intent to undertake this work by using terms "shall be, must, etc."
6. 
Upon completion of all reviews and public hearings, the Planning Board shall either approve or disapprove the environmental impact report as a part of its underlying function with respect to subdivision review. In reaching a decision the Planning Board shall take into consideration the effect of applicant's proposed subdivision upon all aspects of the environment as outlined above as well as the sufficiency of applicant's proposals for dealing with any immediate or projected adverse environmental effects.
7. 
Notwithstanding the foregoing, the Planning Board may, at the request of an applicant, waive the requirement for an environmental impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.
[Ord. #1985-8, A XI, § R; Ord. #1990-3, § 2; Ord. #1991-3, § 3; Ord. #2002-7, § 1]
The following provision shall only be applicable if 50% of the lots in the proposed subdivision are one and one-half (1 1/2) acres in area or less.
a. 
In order to provide for the health, safety and general welfare of the public, all subdivision which will result in five or more dwelling units shall set aside no less than 10% of the total area of subdivision for off-street recreation and/or play area. This 10% shall not include easement or right-of-way areas. The location, form and design of such areas shall be approved by the Planning Board. The area specifically designated for recreation purposes shall be fully usable for that purpose and shall have all improvements as required by this Chapter. Wherever possible, recreation sites should be located adjacent to school sites. In the case of large subdivisions, consideration should be given to decentralizing several smaller recreational areas throughout the development. The method of preserving such areas for recreation open space, whether by easement, deed restriction, dedication, homeowner association type, or other means shall be approved by the Planning Board.
In the selection of the location of such open spaces, consideration shall be given to the preservation of natural features.
b. 
The developer shall install as a minimum the following recreational facilities on the land which has been set aside for recreation purposes:
Dwelling Units
Tot Lot
Tennis Courts
Basketball Courts
Multi-Purpose Field
5—50
1
1
51—100
1
1
101—150
1
1
1
151—200
2
1
2
201—250
2
1
2
1
plus 1 for every 100 units or fraction thereof
plus 1 for every 200 units or fraction thereof
plus 1 for every 125 units or fraction thereof
plus 1 for every 200 units or fraction thereof
Prior to preliminary approval, the applicant shall submit, for approval by the Engineer, manufacturer's descriptive data and supporting information of all recreational equipment. All equipment shall be "Mexico Forge" or of equal quality.
c. 
Tot Lots. Tot lots shall be a minimum size of fifty (50') feet x fifty (50') feet (exclusive of area required for fencing and screening or other ancillary facilities) and shall contain, as a minimum, the following improvements:
1. 
Four (4') foot high chain link fence with gate and screening bordering residential properties.
2. 
Two benches.
3. 
Two table and bench sets.
4. 
Ground under and adjacent to play equipment to be covered with six (6") inches sand.
5. 
One swing set.
6. 
One merry-go-round (ten (10') foot diameter minimum).
7. 
One jungle gym.
8. 
One sand box (minimum size twenty (20') feet x twenty (20') feet).
d. 
Tennis Courts. Tennis courts shall be regulation size and shall contain, as a minimum, the following requirements:
1. 
Two 3/4:O.D. posts set in concrete with heavy duty cotton twine net with canvas binding.
2. 
The courts shall be surrounded with twelve (12') foot high chain link fence and buffer plantings as approved by the Planning Board.
3. 
One bench per court.
4. 
Night lighting with timers.
5. 
The courts shall be four (4") inches of bituminous stabilized base course on a properly prepared subgrade accepted by the Township Engineer, one and one-half (11/2") inches FABC leveling course, and a one (1") inch SP-1 top course, and shall be coated with colored sealer. The sealer shall be "Laykold" as manufactured by Chevron, or an equivalent as approved by the Township Engineer.
e. 
Basketball Courts. Basketball courts shall be a minimum size of thirty-five (35') feet x sixty (60') feet and shall contain as a minimum the following requirements:
1. 
Two regulation backstops with nets.
2. 
The courts shall be four (4") inches of bituminous stabilized base course on a properly prepared subgrade acceptable to the Township Engineer, and a one and one-half (1 1/2") inches FABC top course, and shall be coated with colored sealer. The sealer shall be "Laykold" as manufactured by Chevron, or an equivalent as approved by the Township Engineer.
3. 
Night lighting with timers.
f. 
Multi-Purpose Fields. Multi-purpose fields shall be a minimum size of two hundred fifty (250') feet x four hundred twenty (420') feet (exclusive of area required for fencing, screening, parking facilities, or other ancillary facilities) and shall contain, as a minimum, the following improvements:
1. 
Completely grassed field.
2. 
Baseball backstop in one corner of site.
3. 
Football/Soccer goal posts made of pipe at each end of the field.
4. 
Night lighting with timers.
g. 
Bikeways and Pedestrian Paths.
1. 
General Standards. The Township of Tabernacle encourages the appropriate and efficient use of land, the development of appropriate transportation systems, and the promotion of a desirable, visual environment through creative development techniques, and establishes the policy that a coordinated bikeway and pedestrian path system be developed within the community.
2. 
Regulations. Bikeway or pedestrian ways shall be required at the Reviewing Board's discretion depending on the probable volume of bicycle and foot traffic, the development's location in relation to other populated areas, or its location with respect to any overall bike or pedestrian route plan adopted by the Township. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible. Bikeways and pedestrian paths shall generally not exceed a grade of 3%, except for short distances and they should be a minimum of five (5') feet wide for one-way and eight (8') feet wide for two-way travel. Bikeways shall have a minimum four (4") inch base of crushed stone on the subgrade and a two (2") inch FABC-1 surface course. Where separate bike paths intersect streets, the curbing shall be ramped for bicycle access to the street grade. Bikeways designated for one-way travel shall only be located along streets. Minimum width for bikeways built in locations other than along streets is eight (8') feet. The Reviewing Board may, where promotion of proper design would suggest, modify the construction standards set forth above to require less stringent requirements to provide for the harmonious development of a project.
3. 
Adoption of Typical Design Specifications. The Township Committee shall have the power from time to time to adopt by resolution plans which indicate typical design specifications or suggested design criteria to augment and supplement the specifications heretofore established. Upon adoption of the resolution and filing of the plans with the Administrative Officer they shall constitute review standards for applications for development.
h. 
Recreation facilities are required based on the number of dwelling units for the project as is set forth in this Code. Where two or more developments are proposed for construction or are in the process of construction, which developments are either adjacent to one another or are in close proximity to one another, the number of dwelling units in the two developments shall be added together to determine the type of recreation facilities needed for the area, and the responsibility for providing and constructing the recreation facilities so determined shall be allocated proportionately between or among the developments.
i. 
Monetary Contribution. In lieu of construction of the required recreation facilities for the development and the dedication of open space, the developer may make a contribution to the Township's recreation fund for all or part of said facilities. The contribution in lieu of construction and dedication shall be $3,000 per dwelling unit. All contributions to the recreation fund shall be used only for that purpose and shall be administered in accordance with the requirements, rules and regulations governing the recreation fund.
[Ord. #1985-8, A XI, § S]
a. 
Responsibility to Establish.
1. 
It shall be the obligation of the developer of any nonresidential use to create a buffer zone as required by Chapter 17, Zoning, when such use abuts or is located within any residential district.
2. 
It shall be the obligation of the developer of a residential use to create a buffer zone as required by Chapter 17, Zoning, when such use is constructed on any lands abutting an existing nonresidential use or which are located within a commercial or industrial district.
[Ord. #1985-8, A XII, § 1]
The following procedures shall be followed for obtaining final subdivision approval.
a. 
The original tracing, one translucent tracing cloth copy, two cloth prints, three black on white prints and three copies of the application form for final approval shall be submitted to the Administrative Officer of the Planning Board at least 14 days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.
b. 
The final plat shall be accompanied by a statement by the Township 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 the subdivider has complied with one or both of the following:
1. 
Installed all improvements in accordance with the requirements of the regulations, or,
2. 
A performance guarantee has been posted in sufficient amount to assure the completion of all required improvements.
3. 
An escrow deposit in the amount equal to 6% of the estimated cost of construction of the bondable improvements as determined by the Township Engineer have been posted with the Township Clerk.
c. 
Any plat which requires County Planning Board approval pursuant to R.S. 40:27-62.3 shall be forwarded to the County Planning Board for its action prior to final approval by the Planning Board.
d. 
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.
e. 
The Planning Board shall act upon a complete submission of a final plan within 45 days or such further time as may be agreed to by the applicant. Failure to act within this time shall be deemed to be favorable approval and the Secretary shall issue a certificate to that effect at the request of the applicant.
f. 
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established below for final approval, the conditions of preliminary approval and all standards prescribed by the "Map Filing Law," 46:23-9.9 et seq.;
g. 
The final plat shall not be accepted for filing by the County Recording Officer unless it has been duly approved by the Planning Board and signed by the Chairman and Secretary.
h. 
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
1. 
Municipal Clerk.
2. 
Municipal Engineer.
3. 
Municipal School Board.
4. 
Building Inspector.
5. 
Tax Assessor.
6. 
County Planning Board.
7. 
Official issuing certificates for approved lots.
[Ord. #1985-8, A XIV, § 2]
a. 
The final plat shall be drawn in ink on tracing cloth at a scale of not less than one (1") inch equals one hundred (100') feet and in compliance with all the provisions of Chapter 358 of the Laws of 1953. The final plat shall show or be accompanied by the following:
1. 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
2. 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines; with accurate dimensions, bearings or deflection angles, and radii, arcs, and central angles of all curves.
3. 
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
4. 
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with number one.
5. 
Minimum building setback line on all lots and other sites.
6. 
Location and description of all monuments.
7. 
Names of owners of adjoining unsubdivided land.
8. 
Certification by engineer or surveyor as to accuracy of details of plat.
9. 
Certification that the applicant, his agent or owner of the land, or that the owner has given consent under an option agreement.
10. 
When approval of a plat is required by an officer or body of such a municipality, County or State, approval shall be certified on the plat.
11. 
Cross sections and profiles of streets, approved by the municipal engineer may be required to accompany the final plat.
12. 
Contours at five (5') feet intervals for slopes averaging 10% or greater and at two (2') feet intervals for land of lesser slope.
13. 
Plans and profiles of storm and sanitary sewers and water mains.
14. 
Certificate from tax collector that all taxes are paid to date.
15. 
Notice from the Pinelands Commission pursuant to subsection 16-5.6.
[Ord. #1985-8, A XIII, § 1; Ord. No. 2018-5 § 4]
a. 
No final plat or plan shall be approved by the Board until the complete and satisfactory installation of all items required by N.J.S.A. 40:55D-53, as modified by P.L.2017, c.312 and the inspection, certification and approval of such items by the Township Engineer and acceptance by the Township Committee in accordance with the requirements of this section, or their installation shall have been provided for by a performance guarantee accepted and approved by the Township Committee in accordance with the requirements of this section. No maintenance guarantee shall be accepted nor shall any partial facility be accepted for any item which has further stages of work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. Any improvements included on a plat or plan and installed prior to final plat application that do not meet Township standards shall be added to the performance guarantee in accordance with N.J.S.A. 40:55D-53, as modified by P.L.2017, c.312.
b. 
In accordance with N.J.S.A. 40:55D-53, as modified by P.L.2017, c.312, the Township requires any performance guarantee to include, within an approved phase or section of a development privately-owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval. At the developer's option, a separate performance guarantee may be posted for the privately-owned perimeter buffer landscaping.
c. 
A performance guarantee estimate shall be submitted to the Board by the Township Engineer as part of his report on each plat or plan or section submitted for final plat review completely detailing the material and work required for the subdivision improvements and an estimated cost of providing them. The Board may request the Township Engineer to review and update the estimate from time to time as required.
d. 
The proposed performance guarantee accompanying the final plat shall be submitted to the Board by the developer. The Board shall review the proposed performance guarantee and submit it to the Township Engineer and Township Attorney for recommendations as to accuracy and form and then to the Township Committee for approval and acceptance by resolution. Final approval shall not be deemed to be complete nor shall any plans be signed until the performance guarantee has been accepted and approved by the Committee.
1. 
The performance guarantee shall run in favor of the municipality in an amount not to exceed 120% of the costs of installation for improvements in accordance with N.J.S.A. 40:55D-53 as estimated by the Township Engineer. The form for the performance guarantee shall be approved by the Township Attorney as to its legal sufficiency. The Township Committee shall have the power to accept in such form and with such surety as is acceptable to them.
The developer shall post, prior to the release of a performance guarantee, as required, a maintenance guarantee posted with the Township in an amount not to exceed 15% of the costs of the installation of private site improvements in accordance with N.J.S.A. 40:55D-53 which costs shall be calculated according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
2. 
The performance guarantee shall be held, used or released in accordance with the provisions of N.J.S.A. 40:55D-53.
e. 
The Township Clerk shall notify the Secretary of the Planning Board and the Township Engineer prior to the Board's next regular meeting that the performance guarantee has been approved and accepted by the Township Committee.
f. 
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," (TCOG) in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items (including both private onsite and to be publicly dedicated) which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a "temporary certificate of occupancy guarantee," all sums remaining under a performance guarantee, required pursuant to paragraph a above, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. No same item may be included in multiple performance bonds. The scope and amount of the "temporary certificate of occupancy guarantee "shall be determined by the Municipal Engineer. The TCOG shall be released by the Municipal Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building or phase as to which the temporary certificate of occupancy relates, upon submission of a Maintenance Guarantee.
g. 
A developer shall furnish to the Township a "safety and stabilization guarantee" in favor of the Township. At the developer's option, a "safety and stabilization guarantee" may be furnished either as a separate guarantee or as a line item of the performance guarantee. A "safety and stabilization guarantee" shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstances that: (i) site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure, and (ii) work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee.
The amount of a "safety and stabilization guarantee" for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
The amount of a "safety and stabilization guarantee" for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus two and a half (2 1/2%) percent of bonded improvement costs in excess of $100,000 up to $1,000,000, plus one percent of bonded improvement costs in excess of $1,000,000.
The Township shall release a separate "safety and stabilization guarantee" to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this paragraph.
The Township shall release a "safety and stabilization guarantee" upon the Municipal Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
h. 
All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Township Engineer to insure satisfactory completion. The Township Engineer shall be notified by the developer at least three days in advance of the start of construction. The cost of the inspection shall be the responsibility of the developer and he shall post the inspection fees in escrow with the Township Treasurer in an amount as follows:
1. 
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the bonded improvements that are subject to a performance guarantee under section a above; and
2. 
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under paragraph a above, which cost shall be determined in accordance with N.J.S.A. 40:55D-53.4. This deposit shall be in addition to the amount for the performance guarantee.
If the inspection costs exceed such funds, the developer shall deposit with the Township Treasurer additional sums in escrow upon delivery of a written inspection escrow deposit request, signed by the Township Engineer detailing the items or undertakings that require inspection, estimates of the time required for those inspections and estimates of the cost of performing those inspections. All inspection fees shall be determined in accordance with the Engineer's prevailing hourly rate on file with the Township Clerk.
i. 
In no case shall any paving work, including prime and seal coats, be done without permission from the Township Engineer prior to any such construction so that a representative of the Township Engineer's Office may be present at the time the work is to be done. No underground installation shall be covered until inspected and approved. The Township Engineer's Office shall be notified after each of the following phases of work has been completed so that he or a qualified representative may inspect the work; road subgrade, curb and gutter forms; curbs and gutters; road paving, after each coat in the case of priming and sealing; drainage pipes and other drainage structures before back filling; shade trees and planting strips; street name signs; and monuments. Electrical, gas and telephone utility distribution supply lines installed by the utility companies are exempt from the above requirements. Occupancy permits will be issued only when the installation of curbs, utilities, functioning water supply and sewage treatment facilities, necessary storm drainage to insure proper drainage of the lot and surrounding land, rough grading of lots, base course for the driveway, and base course for the streets are installed to serve the lot and structure for which the permit is requested. Streets, if installed prior to final approval, shall not be paved until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. Seeding of grass areas in season shall be the last operation.
j. 
Inspection by the Township of the installation of improvements and utilities by the developer shall not subject the Township to liability for claims, suits or liability of any kind that may arise because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract whether construction is waiting to start, is in progress, or is completed, or any combination of conditions on all or part of the tract is upon the developer and his contractors or subcontractors if any.
k. 
After completing the construction of the proper improvements covered by the performance guarantee, the developer shall prepare two sets of the proper improvements and utility plans and the profile amended to read "as constructed" and shall apply to the Township Committee for final inspection of work. The Township Committee shall then proceed to act upon said request in accordance with the provisions of N.J.S.A. 40:55-D.53 (d) (e) and (f).
l. 
The Township Committee shall by resolution, release, extend, or declare in default, in whole or in each performance guarantee. Such performance guarantee shall remain in effect until released by the Committee. The amount of the performance guarantee may be reduced by the Committee by resolution when portions of the required improvements have been installed and have been inspected and approved by the Township Engineer provided that no such reduction shall be approved until the Township Engineer shall have certified the estimated cost of completing any remaining required improvements and provided further that no reduction shall be approved that will result in the performance guarantee or any portion of the performance guarantee being reduced to less than 15% of the original cost of any improvement until all improvements have been completely installed, approved and accepted by the Township Committee and a maintenance guarantee secured as outlined below. If any improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Township for the reasonable cost of completing the improvement.
[Ord. #1985-8, A XIII, § 2]
The approval of any plat under the provisions of this Chapter by the Board shall in no way be construed as acceptance of any street, drainage shall in no way be construed as a drainage system or other improvement required by this Chapter, nor shall such plat approval obligate the Township in any way to maintain or exercise jurisdiction over such street, drainage system or other improvement. Acceptance of any street, drainage system or other improvement shall be implemented only by favorable action by the Township Committee. No improvement shall be accepted by the Township Committee unless and until all of the following conditions have been met:
a. 
The Township Engineer shall have certified in writing that all the improvements are complete and that they comply fully with the requirements of this Chapter and of other applicable local ordinances.
b. 
The subdivider shall have filed with the Township Committee and the Township Committee shall have accepted and approved a maintenance guarantee of not more than 15% of the original estimate of the cost of installing the improvements and shall run for a period of two years. The final amount of the maintenance guarantee shall be based on the recommendation of the Township Engineer which shall consider, among other things, the length of time the improvement has been installed prior to filing of the maintenance guarantee. The procedures and requirements governing such maintenance guarantee shall be identical to the procedures and requirements for a performance guarantee set forth in this section.
[Ord. #1985-8, A XIV, § 1; Ord. #1997-7, § 4; Ord. #1997-9, § 3]
Site development plans shall be so designed as to enhance the general appearance of the Township, the harmonious use of the land, and to encourage development and design consistent with the purpose of the Zoning Ordinance.
a. 
Required Site Plan Approval. Site plan approval shall be required before any initiation or change of use or before any excavation, removal of soil, clearing of the site or placing of any fill on lands, construction of parking areas or ponds, commencement of forestry operations, continuation or commencement of resource extraction activities, and other land development except for agricultural purposes. Except as hereinafter provided, no building permit shall be issued for any building or use, or reduction or enlargement in size of any building, or change in use of any building unless a site plan is first submitted and approved by the Planning Board of the Township and no certificate of occupancy shall be given unless all construction and development conforms to the plans as approved by the Planning Board.
b. 
Site Plan Approval Not Required. Site approval shall not be required for any subdivision or individual lot application for detached one or two dwelling unit buildings or for such accessory uses as a private garage, toolhouse, gardens and private greenhouses incidental to residential use, nor shall site approval be required for any pole barn or temporary greenhouse erected in conjunction with a residential or agricultural use; but this shall not limit the requirements for submission of subdivision plans for subdivision approval as otherwise provided in the Township Ordinances.
c. 
Site Plan Waiver.
1. 
Any applicant may request a waiver from site plan review as required under the terms of this Chapter providing applicant's site plan involves:
(a) 
Conditions for existing buildings;
(1) 
An existing building;
(2) 
No new construction;
(3) 
No extension of the on-tract parking requirements;
(4) 
No change in the existing drainage;
(5) 
Building has undergone a site plan review submission and approval within the last five years;
(6) 
There are no paving, parking, drainage, landscaping or lighting problems associated with the site.
(b) 
Construction or use for agricultural purposes. Construction of a building or use of premises for agricultural purposes, this construction or use not covered in the exemptions set forth above.
2. 
Notwithstanding the above, site plan waivers shall not be granted for commercial forestry operations or the continuation of resource extraction operations.
3. 
A change in use that meets the requirements of paragraph c, 1(a) above may be submitted as a site plan waiver. Should the Board find the request for waiver to be inappropriate, the matter shall be subject to review as a minor site plan submission. All fees and escrows will be applied from the waiver application to the minor site plan submission.
d. 
Minor Site Plan Submission; Definition and Required Data.
1. 
Definition. For site development which is not large in scale but which does not qualify for site plan waiver, submission as a minor site plan shall be permitted. A minor site plan shall be defined as:
(a) 
Building construction of less than 1,000 square feet, and/or
(b) 
Clearing, grading, paving or excavation of less than 1,500 square feet.
2. 
Required Data. The required data to support a minor site plan application is as follows:
(a) 
A plan which may be drawn by the applicant;
(b) 
A plan showing all existing improvements on the site;
(c) 
The plan to show those improvements to be constructed;
(d) 
The plan to show north arrow or north point;
(e) 
The plan to contain a scale;
(f) 
The plan to show the zoning district in which the property is located;
(g) 
Proof that a duplicate copy of the application has been filed with and received by the Pinelands Commission.
e. 
Site Plan Procedure and Required Data.
1. 
A preliminary site plan as herein required shall be submitted in six copies to the Administrative Officer of the Planning Board at least 14 days prior to a scheduled meeting of the Planning Board. All site plans shall comply with the requirements hereinafter set forth and shall contain the following information and data:
2. 
Scale not less than one (1") inch equals fifty (50') feet regardless of the size of the land development and the plans shall conform to one of the following sizes: 8 1/2" x 13", 15" x 21", 24" x 36" or 30" x 42".
3. 
All site plans submitted to the Tabernacle Township Planning Board shall contain or be accompanied by the following minimum information:
(a) 
Date of preparation, north arrow, graphic scale, County Route number, and street names;
(b) 
The name of the land development and the municipality in which it is located;
(c) 
The names and addresses of the owner and the developer of the property as well as the name, address, title and seal of the person preparing the plan, maps and accompanying data;
(d) 
A statement of the area of the proposed land development to the nearest tenth of an acre;
(e) 
A statement of the proposed number of units;
(f) 
A key location map of the land development area at a scale of not less than one (1") inch equals two thousand (2,000') feet. This shall show the entire site area and lots contiguous to it which are in the same or related ownership as the land development;
(g) 
The municipal tax map sheet, block and lot number;
(h) 
The location of existing buildings and structures and building setback lines from streets;
(i) 
The location, size and nature of all existing and proposed roads within and abutting the land development. If additional R.O.W. is to be dedicated to the County of Burlington, a note stating: "Additional R.O.W. is to be dedicated to Burlington County for road widening purposes" shall appear on the plan, or to the municipality if a road is under its jurisdiction;
(j) 
Profiles and typical cross sections of proposed streets;
(k) 
Cross sections of water courses at an appropriate scale;
(l) 
Methods used to stabilize slopes and control erosion and siltation for ditches, streams, or brooks. The location and general extent of wooded areas, bodies of water and other physical features, including the location of fresh water wetlands and soil types;
(m) 
Boundaries of flood plains of water bodies (if defined) within the land development. Where defined, these should correspond to the "floodway" and "flood hazard areas" commonly designated by the New Jersey Department of Environmental Protection (N.J.D.E.P.), although other approved criteria may be used where these are lacking;
(n) 
Existing and proposed signs, lighting standards, utility poles, and trees of eight (8") inch caliper and larger within rights-of-way, except in heavily wooded areas;
(o) 
Location and extent of all easements, along with a statement of the use and owner thereof;
(p) 
A sediment and erosion control plan for areas which affect a Township road and/or Township drainage;
(q) 
All existing or proposed storm water drainage systems within or adjacent to the land development showing size, type, location and profile of lines, manholes, inlets, dry wells, detention basins, plus all supporting design data;
(r) 
Existing and proposed sanitary sewerage collection facilities;
(s) 
Type and number of driveways;
(t) 
The zoning district in which the land development is located. Lands to be dedicated or reserved for public use shall be clearly indicated;
(u) 
All political boundary lines;
(v) 
Where work is to be done in the Township R.O.W., a detailed plan at a scale of not less than one (1") inch equals thirty (30') feet showing the layout of any intersection including driveways to a Township road. This plan shall show the following:
(1) 
Existing elevations of the centerline of the road every twenty-five (25') feet to extend one hundred (100') feet beyond the property line or intersection pavement transition.
(2) 
Proposed elevations of the curb gutter and top of curb every twenty-five (25') feet along the road.
(3) 
Half cross sections every fifty (50') feet and at critical points along the road, and spot elevations at the center line, edge of pavement and proposed curbline along the road.
(w) 
A clear statement of the use proposed.
(x) 
The location, type and size of all existing or proposed curbs, sidewalks, driveways, fences, landscaping, retaining walls, parking space areas and off-street loading areas, together with the dimensions and layouts of all the foregoing on the site in question.
(y) 
Standard details, i.e., proposed inlets, curbs, headwalls, manholes and typical cross sections; i.e., streets, channels, detention basins.
(z) 
Accurate delineation of flood plain or restricted areas must be shown on the plan.
(aa) 
Accurate delineation of Federal Flood Hazard Zone.
(bb) 
Except for those minor site plans, which shall comply with the application requirements of paragraph d of this subsection, site plans which qualify as minor or major development under this Chapter shall also include the following:
(1) 
In the case of minor development, all that information in subsection 16-5.2 not covered in this section.
(2) 
In the base of major development, a Certificate of Filing issued by the Pinelands Commission pursuant to subsection 16-5.3 and Section 4-304 of the CMP.
(cc) 
The plan must show existing soil conditions, test borings and percolation tests.
f. 
Site Plan Information. Each site plan shall have the following information shown thereon or annexed thereto:
1. 
Building and Use Plan. This plan shall show the size, height, location, arrangement and use of all existing and proposed structures and signs including proposed total building coverage in acres or square footage, as well as percent of the lot coverage, with an architect's scaled elevations of the front, side and rear of any structure and sign to be erected or modified to the extent necessary to apprise the Planning Board of the scope of the proposed work. Any existing structures on the site shall be identified either to remain or be removed. A written description of the proposed use and operations of the building including the number of employees or members of nonresidential buildings; the proposed number of shifts to be worked and maximum employees on emission of noise, glare, vibration, heat, odor, air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design shall be included. Floor plans shall be submitted.
2. 
Circulation Plan. This plan shall show access streets and street names, acceleration and deceleration lanes, curbs, aisles and lanes, access points to public streets, sight triangles, traffic channelization, easements, fire lanes, driveways, number and location of parking and loading spaces, loading berths or docks, pedestrians walks, and all related facilities for the movement and storage of goods, vehicles and persons on the site and including lights, lighting standards, signs and driveways within the tract and within one hundred (100') feet of the tract. Sidewalks shall be shown from each entrance-exit along expected paths of pedestrian travel such as, but not limited to, access to parking lots, driveways, other buildings on the site, and across common yard areas between buildings. Plan shall be accompanied by cross sections of new streets, aisles, lanes, driveways, sidewalks and bikeways. Any expansion plans for the proposed use shall show feasible parking and loading expansion plans to accompany building expansion.
3. 
Landscaping and Environmental Plan. This plan shall show existing and proposed wooded areas, buffer areas including the intended screening devices and buffers, grading at two (2') foot contour intervals inside the tract and within fifty (50') feet of its boundaries, seeded or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees, and other landscaping features. These plans shall show the location and type of man-made improvements and the location, species, and caliber of plant material and trees to be located on the tract. All portions of the property utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn areas, ground cover, rock formations, contours, existing foliage, and the planting of coniferous and/or deciduous trees as in the shade tree list set forth by the Township in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. Lawn seed or sod or ground cover areas shall be established on a minimum of four (4") inches of topsoil. Topsoil shall be clear of debris and of good quality. Grasses shall be from a seed mix and be relatively free of noxious weeds. All landscaping plans shall incorporate the elements set forth in subsection 17-35.1d, Vegetation and Landscaping, of Chapter 17, Zoning. All plant material types shall be approved for use. Consideration shall be given to exposure, drainage, maintenance, and pollutants such as salt. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities, and landscaping shall be coordinated to prevent erosion and siltation, as well as assuring that the capacity of any material or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas. The environmental impact report called for shall accompany the landscaping and environmental plan.
4. 
Facility Plan. This shall show the existing and proposed locations of all drainage; open space; common property; fire, gas, electric, telephone, sewerage and water line locations; and solid waste collection and disposal methods including proposed grades, sizes, capacities, and materials to be used for facilities installed by the applicant. Installations by utility companies need only show their sizes and locations on the plan. All easements acquired or required on the tract and cross adjacent properties shall be shown and copies of legal documentation that support the granting of an easement by an adjoining property owner shall be included. The method of sanitary waste disposal shall be shown. All proposed lighting shall be shown including the direction, angle, height and reflection of each source of light. All utilities shall be installed underground. All required State and Federal approvals for environmental considerations shall be submitted prior to site plan approval. Drainage facilities shall include facilities to comply with the storm water run-off provisions of this Chapter.
5. 
General. All site plans authorized under this section shall comply with the development standards contained in Article II of Chapter 17, Zoning, in addition to all other regulations of this Chapter.
g. 
Purpose. The standards noted above shall be for the general purposes of enhancing the neighborhood; providing adequate access to off-street parking and loading facilities for employees, visitors and residents; providing buffering techniques for safety or aesthetic purposes; preventing uses which violate applicable State and Federal safety and environmental regulations; preserving floodways and flood hazard areas; and requiring that all raw materials, fuel, goods in, process, finished goods, machinery and equipment shall be housed or screened from residential uses.
h. 
Time Allowed for Planning Board Action. In the event the application for preliminary site plan approval complies with the foregoing requirements and the provisions of the Municipal Land Use Act, the Planning Board shall grant preliminary site plan approval. In the case of the submission of a preliminary site plan for 10 acres of land, or less, and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of the submission of a complete plan or within such further time as may be consented to by the developer. In the case of a plan for 10 acres or more then 10 dwelling units, the Planning Board shall act thereon within 95 days of the submission of a complete plan or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the prescribed period shall constitute final approval.
No final approval of a site plan shall be granted until notice is received from the Pinelands Commission pursuant to subsection 16-5.6.
i. 
Guarantees.
1. 
As part of the requirements for the complete submission of a final site plan, the applicant shall tender to the Township a performance guarantee for all improvements required which involve improvements in public rights-of-way; improvements extending utility and drainage facilities within the site; lighting; curbing and paving, storm drainage, landscaping and conditions involving the control of storm water runoff; soil removal grading and soil erosion and sedimentation control; and any other improvements required by the Planning Board. The approval of a site plan shall be incomplete until receipt of a performance guarantee secured in the same manner prescribed for performance guarantees in Section 16-13. In appropriate circumstances, the Planning Board can require the performance guarantee to be posted as a condition of final site plan approval but prior to the issuance of a building permit or the performance of any work by the applicant in accordance with the approval.
2. 
Prior to the issuance of a certificate of occupancy, the filing of a maintenance guarantee with the Township covering all items included under the performance guarantee shall be required. The maintenance guarantee shall be for an amount approved by the Township Committee upon the advice and recommendation of the Township Engineer, but for an amount not more than 15% of the original estimate of the cost of installing the improvements. The maintenance guarantee shall run for a period of two years.
3. 
All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Township Engineer to insure satisfactory completion. The Township Engineer shall be notified by the subdivider at least three days in advance of the start of construction. The cost of the inspection shall be the responsibility of the applicant and he shall deposit with the Township Treasurer cash equal to 6% of the amount of the performance guarantee estimate prior to beginning construction, but an amount not less than $250. If the inspection costs exceed such funds, the applicant shall deposit with the Township Treasurer additional sums upon notice from the Township Engineer and approval of the Township Committee. All inspection fees shall be determined in accordance with the Engineer's prevailing hourly rate on file with the Township Clerk. Any balance remaining in such account upon completion of all improvements required in connection with a site plan approval and the posting of the necessary maintenance guarantee therefor shall be returned to the developer.
4. 
Performance guarantees for commercial forestry and resource extraction operations, as required by Section 17-37 of Chapter 17, Zoning, and Article 6, Part 6 of the CMP, respectively, shall also be tendered to the Township prior to any work being done.
[Ord. #1985-8, A XV, § 1]
The Planning Board when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and with the general purpose and intent of the provisions for subdivision review and approval contained in this Chapter, if the literal enforcement of one or more provisions of the Chapter is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question.
[Ord. #1985-8, A XV, § 2]
The Planning Board when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval contained in this Chapter, if the literal enforcement of one or more provisions of the Chapter is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question.
[Ord. #1985-8, A XVI, § 1]
a. 
Transfer or sale or agreement to transfer or sell as owner or agent any land which forms part of a subdivision for which municipal approval is required by this Chapter, except as otherwise provided by the Act, shall subject the offender to the penalties and sanctions provided by the Act.
b. 
Any owner or agent, and any person or corporation who shall violate any other provision of this Chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings, or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall upon conviction be liable to the penalty as established in Chapter 1, Section 1-5.
c. 
The owner of any building or structure, lot or land, or part hereof, where anything in violation of this Chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of any such violation shall each be guilty of a separate violation, and upon conviction thereof shall each be liable to the fine or imprisonment, or both, specified in Chapter 1, Section 1-5.
Should construction, building, excavation, clearing or use of structure or property, take place that is not in accordance with the approvals granted by the reviewing authority and required by any development ordinance, or without fulfillment or compliance with the conditions imposed by such approvals, such deviation shall be considered a violation of this Chapter. If, within ninety five (95) days of notification and demand by the Township, the applicant has failed to pay the fees and escrows required by this Chapter or, the applicant has failed to pay the inspection fees assessed pursuant to N.J.S.A. 40:55D-53(h), a violation of this Chapter shall be deemed to have occurred.
[Ord. #1985-8, A XVI]
a. 
No application for development shall be deemed complete if there are outstanding, uncollected, fees and escrows resulting from past application or prior submissions involving the property in question or any part thereof, including the base tract, and no application shall be deemed complete if there are outstanding taxes.
b. 
A proof of payment of taxes shall be a prerequisite of certification as a complete application. No date for hearing shall be set until the Administrative Officer of the Board certifies the application as complete.
In addition, proof of payment of taxes and the payment of past due fees, taxes and escrows as are set forth above, a complete application shall consist of the following:
1. 
A properly completed application form furnished by the municipality or submission of all of the information required by such form.
2. 
Payment of the requisite fees and escrows.
3. 
Proof of payment of taxes as required above.
4. 
Plans and supporting documentation as required by this Chapter.
[Ord. #1985-8, A XVI]
a. 
No person shall occupy any land or building until he obtains a certificate of occupancy. The certificate shall be issued by the Construction Official only if the Zoning Officer is satisfied that the completed structure or land alteration for which the zoning permit was issued complies with the application for the permit and this Chapter. Applications for permits shall be made on forms approved by the Township Committee.
b. 
All applications for preliminary plat approval of a major subdivision shall be conducted as a public hearing with notice, publication and procedure requirements meeting those set forth in the Municipal Land Use Law. In addition thereto, service in the aforesaid form shall be made upon the Pinelands Commission in the same form, within the time periods, and in accordance with all other requirements for notice of the Municipal Land Use Law.
[Ord. #1985-8, A XVI; Ord. #2009-1, § 2]
The Zoning Officer is charged with the primary duty of enforcement of this Chapter. Any citizen of the Township may bring a proceeding in Municipal Court alleging a violation of the Chapter. Any administrative violation of this Chapter including nonpayment of fees, escrows, inspection fees or other costs, may be enforced by the Administrative Officer of the Township by instituting a proceeding in the Municipal Court of the Township alleging a violation of this Chapter.
[1]
Editor's Note: Former subsection 16-6.4, Fees, previously codified herein and containing portions of Ordinance Nos. 1985-8, 1991-8, 1995-5, 1997-7 and 2002-8, was repealed in its entirety by Ordinance No. 2009-1.
[Ord. #1985-8, A XVII, I]
All Ordinances or parts of Ordinances inconsistent with this Chapter are hereby repealed to the extent the Ordinances are inconsistent with the provisions hereof.
[Ord. #1985-8, A XVII, 2]
In the event that any section or part of this ordinance shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, the section or part shall, to the extent that it is not unconstitutional, invalid, or inoperative, remain in full force and effect and no such determination shall be deemed to invalidate the remaining sections or parts of this Chapter, or the Chapter as a whole.
[Ord. #1985-8, A XVII, 3]
This Chapter shall take effect upon final adoption, filing of a copy therewith with the Burlington County Planning Board, review and approval by the Pinelands Commission, and publication of notice of such final adoption, filing and approval.