[Ord. No. 269 A.I]
To provide rules, regulations and standards to guide land subdivision
in the Borough of Woodbine in order to promote the public health,
safety, convenience and general welfare of the municipality by helping
to assure the orderly growth and development, the conservation, protection
and proper use of land and adequate provision for circulation, utilities
and services; and to implement the objectives of the Pinelands Protection
Act and the Pinelands Comprehensive Management Plan.
[Ord. No. 269 A.II]
This chapter shall be known and may be cited as The Land Subdivision
Regulations of the Borough of Woodbine.
[Ord. No. 269 A.III]
The provisions of this chapter shall be administered by the Borough of Woodbine Planning Board in accordance with Section 14 of Chapter 433 of the Laws of 1953 and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1 et seq., except as provided for in Article V, Section 9 and in N.J.S.A. 40:55D-76(b).
[Ord. No. 269 A.IV; Ord. No. 274 § 1; Ord. No. 323 § 34]
Shall mean any board, body or other authority within the
Borough with authority to approve or disapprove subdivisions, site
plans, construction permits or other application for development approval.
Shall mean a certificate issued by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
Shall mean the Pinelands Commission created pursuant to Section
5 of the Pinelands Protection Act.
Shall mean the plan adopted by the Commission pursuant to
Section 7 of the Pinelands Protection Act as amended.
Shall mean the change or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two or more parcels, and the creation and
termination of rights of access or riparian rights including, but
not limited to:
A change in type of use of a structure of land;
A reconstruction, alteration of the size or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction, drilling, or excavation
on a parcel of land;
Commencement of forestry activities;
Demolition of a structure or removal of trees except where removal
is necessary for safety or involves the clearing of less than 1,500
square feet of land, not for commercial forestry;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
materials; and
Alterations, either physically or chemically, of a shore, bank,
or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
Shall mean any approval granted by an approval agency, including
appeals to the Governing Body, except that certificates of occupancy
and variances issued pursuant to N.J.S.A. 40:55D-70, which do not
otherwise include issuance of a construction permit, subdivision or
site plan approval shall not be considered development approval.
Shall mean the lands required for the installation of storm
water sewers or drainage ditches or required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage in accordance
with Chapter One of Title 53 of the Revised Statutes.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations, and which if approved shall be filed with
the proper county recording officer.
Shall mean a parcel or portion of land separated from other
parcels or portions by description as on a subdivision or record of
survey map or by metes and bounds for purpose of sale, lease or separate
use.
Shall mean all subdivisions not classified as minor subdivisions.
Shall mean a composite of the mapped and written proposals
recommending the physical development of the municipality which shall
have been duly adopted by the Planning Board.
Shall mean any subdivision containing not more than four
lots fronting an existing improved street, provided that such subdivision
does not involve (a) a planned development, (b) any new street or
(c) the extension of any off-tract improvement.
Shall mean a map adopted in accordance with the Official
Map and Building Permit Act, Chapter 343 of the Laws of 1953, or any
prior act authorizing such adoption. Such a map shall be deemed to
be conclusive with respect to the location and width of the streets,
public parks and playgrounds and drainage right-of-way shown thereon.
Shall mean any individual, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in the land sought to be subdivided to commence and maintain proceedings
to subdivide the same under this chapter.
Shall mean any security which may be accepted in lieu of
a requirement that certain improvements be made before the Planning
Board or other approving body approves a plat, including performance
bonds, escrow agreements and all other similar collateral or surety
agreements.
Shall mean the Pinelands National Reserve and the Pinelands
Area.
Shall mean that area of the Borough designated as part of
the Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection
Act (N.J.S.A. 13:18A-1 et seq.) being that portion of the Borough
west of Dennisville-Petersburg Road (County Route 610).
Shall mean the agency responsible from February 8, 1979 until
June 28, 1979 for the review of and action on applications for development
in the Pinelands Area which required approvals of other State agencies,
except where the Pinelands Commission acted on applications during
that time period.
Shall mean N.J.S.A. 13:18A-1 to 29.
Shall mean the map of a subdivision.
Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Borough Clerk for Planning Board consideration and tentative approval and meeting the requirements of Section 24-6.
Shall mean a development including subdivision, by Woodbine
Borough or any other governmental agency.
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Section 24-6.
Shall mean any street, avenue, boulevard, road, land, parkway,
viaduct, alley or other way which is an existing State, County or
municipal roadway or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action or a street
or way on a plat duly filed and recorded in the office of the County
Recording Officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats and includes
the land between the street lines. For the purpose of this chapter
streets shall be classified as follows:
Arterial streets are those which are designated by the Borough
of Woodbine Master Plan as either a regional highway, primary collector
or secondary collector.
Minor streets are those which are used primarily for access
to the abutting properties.
Marginal access streets are streets which are parallel to and
adjacent to arterial streets and highways; and which provide access
to abutting properties and protection from through traffic.
Alleys are minor ways which are used primarily for vehicular
services access to the back or the side of properties otherwise abutting
on a street.
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivision
within the meaning of this chapter if no new streets are created:
(a) divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the chairman to be for agricultural purposes
where all resulting parcels are five acres or larger in size, (b)
divisions of property by testamentary or intestate provisions, (c)
divisions of property upon court order, including but not limited
to judgments of foreclosures, (d) consolidation of existing lots by
deed or other recorded instrument and (e) the conveyance of one or
more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the
Administrative Officer to conform to the requirements of the municipal
development regulations and are shown and designated as separate lots,
tracts or parcels on the tax map or atlas of the municipality. The
term "subdivision" shall also include the term "resubdivision".
Shall mean a committee of at least three Planning Board members
appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
such other duties relating to land subdivision which may be conferred
on this Committee by the Board.
[Ord. No. 269 A.V § 1]
a.
An applicant for subdivision of land shall submit to the Secretary of the Planning Board nine copies of an application for classification/minor subdivision, the required application fee and nine copies of a sketch plat, prepared in accordance with the provisions of subsection 24-6.1, at least 14 days prior to a regular meeting of the Planning Board, for purposes of classification as either a major or minor subdivision.
b.
The Subdivision Committee of the Planning Board shall review the
application and plat prior to the next regular meeting following filing
and shall classify same as either a minor or major subdivision. Subdivisions
failing to receive a unanimous vote as a minor shall be considered
major. The Committee shall report its recommendations and comments
on classification to the Planning Board. The Board shall have the
right to approve or change the classification by majority vote. No
application for a minor subdivision shall be considered "filed" until
it has been classified as above.
c.
Minor Subdivision Approval. If classified as a minor subdivision, the Planning Board shall have the authority to approve immediately or to forward same to other Borough offices or consultants for review, and where required to the County Planning Board. Approval or disapproval shall be made by the Planning Board within 45 days of final classification, unless such time is extended with the consent of the applicant. Failure to so approve or disapprove within such period of time shall constitute minor subdivision approval. Following approval, the plat will be forwarded to the Chairman of the Planning Board and the Borough Clerk for their signatures and returned to the subdivider within one week following the next regular meeting of the Planning Board. The applicant shall provide notice of such approval to the Pinelands Commission pursuant to subsection 24-16.2. The approval granted by the Planning Board shall not take effect and no development may be carried out until the provisions of subsection 24-16.3 have been satisfied. No further action by the Planning Board of its approval shall be required unless an action by the Pinelands Commission pursuant to subsection 24-16.5 requires additional action by the Planning Board.
d.
Before the Borough Clerk returns any approved minor subdivision plat
to the subdivider, the Clerk shall have received sufficient copies
from applicant to furnish one copy to each of the following:
e.
A plat map drawn on compliance with Chapter 353 of the laws of 1953
shall be filed by the subdivider with the County Recording Officer
within 190 days from the date of approval of the approved plat.
Failure to comply with the above shall result in an automatic
termination of approval.
g.
The Planning Board is hereby authorized to waive notice and hearing
on an application for a minor subdivision in accordance with N.J.S.A.
40:55D-47.
h.
If the Planning Board acts favorably on a preliminary plat, the Chairman of the Planning Board shall affix his signature to the plat with a notation that it has received preliminary approval and returned to the subdivider for compliance with final approval requirements. The applicant shall provide notice of such approval to the Pinelands Commission pursuant to subsection 24-16.2. The approval granted by the Planning Board shall not take effect and no development in accordance with subsection 24-5.3 may be carried out until the provisions of subsection 24-16.3 have been satisfied.
i.
Preliminary approval shall confer upon the applicant the following
rights from the date of approval:
[Ord. No. 269 A.V § 2]
Before consideration of a final subdivision plat the subdivider will have installed the improvements required under Section 24-23 or shall have posted adequate performance guarantees to assure the installation of the required improvements, in an amount to be determined by the Borough Engineer, and in accordance with Section 24-23.
[Ord. No. 269 A.V § 3]
a.
The final plat shall be submitted to the Planning Board Secretary
for forwarding to the Planning Board for final approval within three
years from the date of preliminary approval. The Planning Board shall
act on the application within the time provided in N.J.S.A. 40:55D-50.
b.
The original tracing on translucent tracing cloth copy, two cloth
prints, seven black on white prints and five copies of the application
form for final approval shall be submitted to the Secretary of the
Planning Board at least 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 or the Pinelands Commission.
c.
The final plat shall be accompanied by a statement by the Municipal
Engineer that he/she is in receipt of a map showing all utilities
in exact location and elevation identifying those portions already
installed and those to be installed and that the subdivider has complied
with one or both of the following:
1.
Installed all improvements in accordance with the requirements of
these regulations or,
d.
Any plat which requires County Planning Board approval pursuant to
an adopted County Subdivision Resolution shall be forwarded to the
County Planning Board for its action prior to final approval by the
Planning Board.
e.
If the Planning Board approves the final plat a notation to that
effect shall be made on each plat and shall be signed by the Chairman
and the Secretary of the Planning Board.
f.
Failure of the Planning Board to act within the allotted time, 45
days, or a mutually agreed upon extension from the date a complete
application is received, shall be deemed to be favorably approved
and the Borough Clerk shall issue a certificate to that effect, if
so requested.
g.
The applicant shall provide notice of an approval under paragraph e or f above pursuant to subsection 24-16.2. The approval granted by the Planning Board under paragraph e or the certificate issued by the Borough Clerk under paragraph f shall not take effect and no development may be carried out until the provisions of subsection 24-16.3 have been satisfied.
i.
The final plat after final approval shall be filed by the subdivider
with the County Recording Officer within 95 days from the date of
such approval. If any final plat is not filed within this period,
the approval shall expire.
j.
No plat shall be accepted for filing by the County Recording Officer
unless it has been duly approved by the Borough of Woodbine Planning
Board and signed by the Chairman and Secretary.
[Ord. No. 269 A.V §§ 4—8]
a.
Any vacant land now or hereafter owned by the Borough, located between two other properties not owned by the Borough, which vacant land is of insufficient size to be built upon under the provisions of the Woodbine Zoning chapter, may be subdivided by the Borough without approval of the Planning Board or any other municipal body. In the Pinelands Area, the provisions of subsection 24-16.7 shall be satisfied.
b.
In the event that the subdivision as proposed shall require the consideration
and possible granting of a variance(s), the applicant shall file with
the Planning Board Secretary at the time he files his subdivision
application, three copies of an application for the variance(s) together
with all supporting materials as required by Borough regulations.
c.
Upon receipt of application for subdivision, site plan review and/or variance(s), the Planning Board Secretary, and the Construction Code Official shall review same and determine whether the documents submitted by the applicant are complete and in compliance with the requirements of Section 24-6 and with such other municipal ordinances as may be applicable. The Planning Board Secretary shall notify the applicant within 45 working days of submission as to the result of such examination, and, if found to be incomplete, shall advise the applicant as to deficiencies found, in writing.
d.
No application shall be accepted for review or deemed complete until
the applicant has deposited with the Borough Clerk the required administration
fees and escrow deposits required for the particular application(s),
in accordance with the amount(s) set forth in the appropriate Borough
regulation. The fees and escrow deposits shall be paid to the Borough
Clerk, who shall immediately notify the Planning Board Secretary of
receipt of same.
e.
Whenever the proposed development requires approval of the Board
of Adjustment of a variance pursuant to N.J.S. 40:55D-70, the Planning
Board Secretary shall transmit all applications and supporting documentation
to the Secretary of the Board of Adjustment for processing and consideration
by that Board, in accordance with applicable Borough regulations and
State statutes. In such case, all powers given to the Planning Board
herein, shall be exercised by the Board of Adjustment.
[Ord. No. 269 A.VI § 1; Ord. No. 323 § 36]
The sketch plat shall be based on tax map information or some
other similarly accurate base at a scale (not less than 200 feet to
the inch) to enable the entire tract to be shown on one sheet, shall
include the following information and shall be drawn by a New Jersey
licensed land surveyor:
a.
The applicant's name and address and his interest in the subject
property; information as required by N.J.S. 40:55D-48.1 and 55D-48.2;
b.
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application; name
and address of person who prepared plat;
c.
The legal description and street address, if any, of the subject
property;
d.
The present use of the subject property; proposed use;
e.
A brief written statement generally describing the property development;
f.
A USGS Quadrangle map, or copy thereof, on which the boundaries of
the subject property and all proposed development are shown;
g.
A plat or plan showing the location of all boundaries on 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 the existing or proposed sanitary facilities:
1.
On-Site Treatment and Holding Facilities. Location, size, type and
capacity of any proposed on-site waste water treatment or holding
facilities;
2.
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 locations 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 Section 24-23 of this chapter.
h.
A location map, including the area extending at least 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;
i.
A soils map 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;
k.
Certification from the Tax Collector that all taxes are paid to date.
[Ord. No. 269 A.VI § 2; Ord. No. 323 § 7]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals one hundred (1" = 100') feet. Preliminary plats shall be drawn by a licensed New Jersey land surveyor, except in subdivision involving new roads or public facilities which shall be designed and drawn by a licensed New Jersey professional engineer. The plat shall be designed in compliance with the provisions of Section 24-23 and shall show or be accompanied by the following information:
a.
A key map showing the entire subdivision and its relation to surrounding
areas;
b.
The tract name, tax map sheet, block and lot number, date, reference
meridian, graphic scale and the following names and addresses:
c.
Acreage of tract to be subdivided to nearest tenth of an acre;
d.
Sufficient existing and proposed elevations or contours to determine
the general slope and natural drainage of the land and the high and
low points, and tentative cross sections and center line profiles
showing finished center line grades for all new streets;
e.
The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drain pipes and any natural
features such as wooded areas;
f.
Plans for proposed storm drainage showing feasible connections to
any existing or proposed systems where possible;
g.
Plans for proposed sewage disposal showing feasible connections to
any existing or proposed systems where possible;
h.
Plans for proposed water supply showing feasible connections to any
existing or proposed systems where possible;
i.
When an individual water supply and/or sewage disposal system is
proposed, the plan for such system must be approved by the appropriate
local, county or State agency;
j.
If an individual lot sewage disposal system is to be used, the developer shall have percolation tests made and submit the results with the preliminary plat in accordance with subsection 24-6.1g2. The minimum lot size to support on-site sewage disposal, and where on-site water is also provided, shall be 43,560 square feet and conform to the requirements of the Zoning Chapter;
k.
Any subdivision or part thereof which does not meet with the established
requirements of this chapter or other applicable regulations shall
not be approved. Any remedy proposed to overcome such a situation
shall first be approved by the appropriate local, county or State
agency;
l.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat;
m.
Requirements of an adopted County Subdivision Resolution must also
be met where applicable;
o.
Certification from the Tax Collector that all taxes are paid to date.
[Ord. No. 269 A.VI § 3; Ord. No. 323 § 38]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals one hundred (1" = 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:
a.
Date, name and location of the subdivision, name of owner, graphic
scale and reference meridian;
b.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines, with accurate dimensions
bearings or deflection angles, and radii area and central angles of
all curves;
c.
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted;
d.
Each block shall be numbered, and the lots within each block shall
be numbered consecutively beginning with number one;
e.
Minimum building setback line on all lots and other sites;
f.
Location and description of all monuments;
g.
Names of owners of adjoining unsubdivided land;
h.
Certification by engineer or surveyors as to accuracy of details
of plat;
i.
Certification that the applicant is agent or owner of the land, or
that the owner has given consent under an option agreement; information
required by N.J.S. 40:55D-48.1 and 55D-48.2;
j.
When approval of a plat is required by any officer or body of such
municipality, County or State, approval shall be certified on the
plat;
k.
Cross sections and profiles of streets, approved by the Municipal
Engineer may be required to accompany the final plat;
l.
Plans and profiles of storm and sanitary sewers and watermains;
m.
Certification from the Tax Collector that all taxes are paid to date;
n.
All other information required by an adopted County Subdivision Resolution
where applicable;
[Ord. No. 269 A.VII § 1; Ord. No. 274 § 2; Ord. No. 323 §§ 35, 39; Ord. No. 331 § 14; Ord. No. 408-1997 § 41]
a.
No person shall carry out any development within the Pinelands Area
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 section:
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 nonresidential
use or any multi-family residential structure provided that the addition
or structure will be located on or below an existing impermeable surface,
that the existing use is served by public sewers, and that the addition
or structure will cover an area of no more than 1,000 square feet;
or
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, provided no increase in the
paved width of said roads will occur;
12.
The clearing of land solely for agricultural purposes;
13.
Fences, provided no more than 1,500 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
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 regulations,
any proposed development which does not require an application to
the Pinelands Commission pursuant to this section.
[Ord. No. 269 A.VII § 2; Ord. No. 323 §§ 40, 41]
a.
Hearings. Where a hearing on an application for development approval
in the Pinelands Area is required, the applicant shall provide notice
to the Pinelands Commission by regular mail or delivery of the same
to the principal office of the Commission at least five days prior
to such hearing. Such notice shall contain at least the following
information:
1.
The name and address of the applicant;
2.
The docket number of the Certificate of Filing, if any, 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 which 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 which have not been previously submitted
to the Commission including a copy of any revised plan or reports;
and
6.
The purpose for which the meeting, hearing or other formal processing
is to be held.
b.
Notice of Approvals or Denials. The Pinelands Commission shall be
notified of all approvals of development in the Pinelands Area, whether
the approval occurs by action or inaction, or any approval agency.
The applicant shall within five days of the approval give notice by
certified 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 property
which the applicant proposes to develop;
3.
The docket number of the Certificate of Filing issued by the Pinelands
Commission, if any;
4.
The date on which the approval agency's approval was issued;
5.
Any written reports or comments received concerning the application
for development approval not previously submitted;
6.
Any revision to the application not previously submitted to the Commission;
7.
A copy of the resolution, permit, or other documentation of the approval
or denial; and
8.
The names and addresses of all persons who actively participated
in the proceedings.
[Ord. No. 269 A.VII § 3; Ord. No. 323]
Upon receipt of the notice of approval by the Pinelands Commission pursuant to subsection 24-16.2, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.33 through N.J.A.C. 7:50-4.37. The approval of the Borough 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.
[Ord. No. 269 A.VII § 4; Ord. No. 323]
Where a prior approval has been granted by the Borough, 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 the review
of the Borough's approval is not required; or
b.
Review of the Borough's approval has been completed pursuant to N.J.A.C.
7:50-4.37—4.42 and a final order regarding the approval is received
by the Borough from the Pinelands Commission.
[Ord. No. 269 A.VII § 5; Ord. No. 323 § 44]
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 approving authority 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 conditions specified by
the Commission have been met by the applicant.
[Ord. No. 269 A.VII § 6; Ord. No. 323]
The Pinelands Commission may participate in a hearing held in
the Borough involving the development of land in the Pinelands Area
pursuant to N.J.A.C. 7:50-4.36.
[Ord. No 269 A.VII § 7; Ord. No. 323]
All development proposed by the Borough 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 this section and Section 26-21 of the Zoning Chapter.
[Ord. No. 269 A.VIII § 1]
Prior to the granting of final approval, the subdivider shall
have installed or shall have furnished performance guarantees for
the ultimate installation of the following:
a.
Streets. Streets shall be constructed with a six inch compacted road
gravel base (soil aggregate type 2, class 3) and a bituminous concrete
pavement, type FABC-1, two inches in thickness. All materials and
methods of construction shall comply with the applicable requirements
therefor, as provided in the standard form of New Jersey State Highway
Department's specifications.
b.
Curbs and Gutters. (If required by Planning Board) All curbs shall
be continuous permanent curbs of concrete (New Jersey State Highway
Department Standard and Specifications) or stone and shall be at least
16 inches high by six inches thick at the top and eight inches thick
at the base with the slope on the pavement face and shall extend six
inches above the gutter or wearing surface. Depression in the curb
to within two inches of the gutter or wearing surface may be provided
for private driveways. Gutters, if required, shall be of concrete
(New Jersey State Highway Department Standards and Specifications)
and shall be installed along the curb 18 inches wide by eight inches
thick.
c.
Storm Sewers and Culverts. A storm drainage system shall be constructed adequate to handle all surface and subsurface water reaching the tract or accumulating thereon in accordance with Section 26-21 of the Zoning Chapter. The subdivider must provide for any easements or improvements made necessary in the subdivision as a result of natural drainage from adjacent areas. Where a subdivision occupies both sides of an existing road and the added runoff will require drainage structures beneath the road or where the added runoff from any new subdivision will require new or enlarged drainage structures adjacent to an existing road it shall be the responsibility of the subdivider to construct such necessary facilities. Suitable evidence must be submitted to the Borough to show that adequate provision for surface drainage has been included in the plan. All catch basins and manholes must comply with New Jersey State Highway Department Specifications.
d.
Sanitary Sewers.
1.
Where a public sewerage system exists within 1,000 feet of the subdivision,
all necessary mains and laterals for connection from the lots to the
public system shall be installed by the subdivider.
2.
Where a public sewerage system does not exist but is in a planning
and/or construction stage, all mains and laterals which shall be necessary
for connection from the lots to the proposed public system shall be
installed by the subdivider; and in addition, where the total of approved
lots exceeds a minimum of 50, a sewerage package plant shall be installed
by the subdivider adequate in capacity to cover the needs of the platted
lots on the subdivision plat, and shall be operated and maintained
by the subdivider until such time as connection from the lots to the
public system is made. The subdivider shall show proof of compliance
with all applicable State, Federal, County and municipal laws and
regulations. The subdivider must further submit evidence in the form
of a resolution by the Borough Council approving its proposed sewer
facilities. It shall be the responsibility of the subdivider to make
arrangements with the Borough Council for the ultimate conveyance
of the package plant to the Borough Council or such other arrangements
as may be appropriate so that the sewer system of the subdivider may
be integrated into the public sewerage system of the Borough when
the same is constructed. It shall be the responsibility of the subdivider
to supply to the Borough Council an adequate guarantee that the private
system will be maintained until such time as the public system is
in operation and that the existence of the private system will in
no way interfere with the integration of the private system into the
proposed public system. Where the total number of approved lots is
50 or less, individual on-site sewage disposal systems may be installed,
in accordance with applicable State, Federal, County and municipal
laws and regulations, until such time as connection from the lots
to the public system is made.
3.
A public sewerage system shall be considered as being planned when
it appears on the Official Map of the Borough, when the matter is
being planned by any Borough official, sewer district or engineer
or is being studied by any Borough official or engineer. A resolution
by the Borough Council to the effect that a public sewerage system
is being planned in any area of the Borough shall be deemed conclusive
proof the sewerage system is, in fact, being planned in such area.
4.
When a major or minor subdivision application is submitted for approval
in an area where there is no existing or planned public sewerage system,
the subdivider may install necessary mains to the most accessible
existing public system, and/or to the nearest water supply system
if such meets with the approval of the Engineer. The minimum sizes
of the lots in such an area shall vary according to the off-site water
and/or sewerage provided, on the following basis:
(a)
Where either off-site water or sewage disposal is provided,
the minimum lot size shall be 15,000 square feet.
(b)
Where only off-site water is provided, the minimum lot size
shall be 10,000 square feet.
(c)
Where only off-site sewage disposal or sewage disposal and water
is provided, the minimum lot size shall be 5,000 square feet.
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Where the foregoing minimum lot sizes are less in size than
provided in the Borough Zoning Chapter for the particular district
in which the subdivision is located, the provisions of the Zoning
Chapter shall prevail. A percolation test or tests, as required, shall
be made and appropriate certificates supplied with all major or minor
subdivisions submitted which provide for on-site sewage disposal.
The number of such tests shall be determined by the Municipal Engineer.
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e.
Public Water Systems.
1.
Where a public system exists within 1,000 feet of the subdivision,
all necessary mains, laterals, service lines, valves and hydrants
for connection from the lots to the public water system shall be installed
by the subdivider.
2.
Where a public water system does not exist within 1,000 feet of the
subdivision, but is in the planning or construction state, all mains,
laterals, service lines, valves and hydrants which shall be necessary
for connection from the lots to the public water system shall be installed
by subdivider.
3.
The public water system shall be deemed to be in the planning stage
when the public body in charge of the public water system notifies
the Planning Board, at the latter's request, that the public water
system will be extended to the subdivision area in time to connect
to the buildings once constructed in the subdivision area.
4.
Installation, materials and construction shall be in accordance with
standard practice and the current specifications of the American Water
Works Association, and installation, materials and construction shall
be adequate to handle all present and probable future developments.
f.
Monuments. Monuments shall be the size and shape required by Section
4 of Chapter 358 of the Laws of 1953, and shall be placed in accordance
with the statute. All lots shall be monumented.
g.
Street Signs. There shall be one metal street name sign post of steel
installed at each street intersection naming both streets and so located
as to be visible for both pedestrian and vehicular traffic. The post
shall be two and one-half (2 1/2) inches in diameter and not
less than 10 feet in length. The post shall be set in concrete at
least two feet in the ground. The type of name sign shall conform
with existing signs and be approved by the Borough Council. All name
signs shall have a clearance of not less than seven feet above the
ground.
h.
All under-street improvements shall be completed before final paving.
i.
Off-site construction or improvements in accordance with N.J.S. 40:55D-42.
[Ord. No. 269 A.VIII § 2]
The Planning Board may require the subdivider to install fire
hydrants, sidewalks, street trees and any other improvements as deemed
desirable by the Planning Board and where required the subdivider
shall install the necessary improvements in accordance with standards
and specifications approved by the Municipal Engineer.
The subdivider shall provide the Planning Board with certification
from the Municipal Engineer that all improvements have been installed
in accordance with the foregoing regulations.
[Ord. No. 269 A.VIII § 3]
a.
No final plat shall be approved by the Planning Board until the completion
of all such required improvements has been certified to the Planning
Board by the Municipal Engineer, unless the subdivision owner shall
have filed with the municipality a performance guarantee sufficient
in amount to cover the cost of all such improvements or incompleted
portions thereof as estimated by the Municipal Engineer, and assuring
the installation of such incompleted improvements on or before an
agreed date. Such performance guarantee may be in the form of a performance
bond which shall be issued by a bonding or surety company approved
by the Governing Body; a certified check, returnable to the subdivider
after full compliance; or any other type of surety approved by the
Municipal Attorney.
b.
The performance guarantee shall be approved by the Municipal Attorney
as to form, sufficiency and execution. Such performance guarantee
shall run for a period to be fixed by the Planning Board but in no
case, for a term of more than three years. However, with the consent
of the owner and the surety, if there be one, the Governing Body may
by resolution extend the term of such performance guarantee for an
additional period not to exceed three years subject to the provisions
of N.J.S. 40:55D-53. The amount of the performance guarantee may be
reduced by the Governing Body by resolution when portions of the required
improvements have been installed, upon receipt of recommendation from
the Planning Board and the Borough Engineer.
c.
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the municipality for the reasonable cost of the improvements
not installed and upon receipt of the proceeds thereof the municipality
shall install such improvements.
[Ord. No. 269 A.VIII § 4]
Before the recording of any final subdivision plat, or as a
condition of final site plan approval and/or to the issuance of a
zoning permit pursuant to this chapter, or the Borough Zoning Chapter,
the approving agency (Planning or Zoning Board) may require, for the
purpose of assuring the maintenance of on-tract/off-tract improvements
a maintenance guarantee, in the form approved by the Borough Attorney,
for a period of time to be determined by the approving authority (but
in no case to exceed two years after final acceptance of the completed
improvement), in an amount not to exceed 15% of the installation cost
of the improvement.
[Ord. No. 269 A.IX]
In addition to the requirements of Section 26-21 of the Zoning Chapter, the subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
a.
General. The subdivision plat shall conform to design standards that
will encourage good development patterns within the municipality.
Whether either or both an official map or master plan has or have
been adopted, the subdivision shall conform to the proposals and conditions
shown thereon. The streets, drainage, rights-of-way, school sites,
public parks and playgrounds shown on an officially adopted master
plan or official map shall be considered in approval of subdivision
plats. Where no master plan or official map exists, streets and drainage
rights-of-ways shall be shown on the final plat in accordance with
Section 20 of Chapter 433 of the Laws of 1953 and shall be such as
to lend themselves to the harmonious development of the municipality
and enhance the public welfare in accordance with the following design
standards.
b.
Streets.
1.
The arrangement of streets not shown on the master plan or official
map shall be such as to provide for the appropriate extension of existing
streets.
2.
Minor streets shall be so designed as to discourage through traffic.
3.
Subdivision abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting, or some
other means of separation of through and local traffic as the Planning
Board may determine appropriate.
4.
In the case of subdivision on an arterial street which, due to its
size, shape or other peculiar or unusual circumstance, makes the provision
of a marginal road or reverse frontage impractical or unnecessary,
the lot or lots in the subdivision shall have driveways laid out so
that it is possible to turn passenger vehicles onto the arterial road.
5.
The right-of-way width shall be measured from lot line to lot line
and shall not be less than the following:
(a)
Arterial streets: 66 feet.
(b)
Minor streets: 56 feet.
(c)
Marginal access streets: 40 feet.
(d)
The right-of-way width for internal roads and alleys in multi-family,
commercial and industrial development shall be determined on an individual
basis, and shall in all cases, be of sufficient width and design to
safely accommodate the maximum traffic, parking and loading needs
and maximum access for fire fighting equipment.
6.
Subdivisions that include an existing public road which has insufficient
right-of-way to meet the standards called for in the Master Plan shall
dedicate sufficient additional area along the road to create the necessary
right-of-way. Subdivisions which adjoin an existing public road which
has insufficient right-of-way to meet the standards called for in
the Master Plan shall dedicate sufficient additional area along the
road to create at least 1/2 the necessary right-of-way measured from
the center line of the existing road.
7.
The maximum length of a cul-de-sac street shall not exceed 600 feet
unless topography or other unusual circumstances prevents such compliance.
If it does, then additional turn-around areas shall be provided. When
such streets terminate in a turn-around, all turnarounds shall be
a minimum of 60 feet (cartway) in radius; in no event shall cul-de-sac
streets exceed 1,200 feet in total length.
8.
Pavement width for new streets shall include the distance between
curbs and be equal to three-fifths (3/5) of the total right-of-way.
One-fifth (1/5) of the right-of-way outside either curb shall be designed
for sidewalk area. Pavement width on existing municipally owned streets
shall be determined by the municipal authority having jurisdiction.
9.
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in the Governing Body under conditions
approved by the Planning Board.
10.
No street shall have a minimum grade of less than one-half (1/2%)
percent.
11.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than sixty (60°) degrees. The block
corners at intersections shall be rounded at the curb line with a
curve having a radius of not less than fifty (15) feet.
12.
Street jogs with center line off-sets of less than 125 feet shall
be prohibited.
13.
Street drainage requirements of an adopted county subdivision ordinance
must also be met where applicable.
c.
Blocks.
1.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by the
Zoning Chapter and to provide for convenient access, circulation control
and safety of street traffic.
2.
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Planning Board. Such walkway
shall be 10 feet wide and be straight from street to street.
3.
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
d.
Lots.
1.
Lot dimensions and area shall not be less than the requirements of
the Zoning or interim Zoning Chapter.
2.
Insofar as is practical, side lot lines shall be at right angles
to straight streets, and radial to curved streets.
3.
Each lot must front upon an improved street at least 50 feet in width
except lots fronting on streets described in paragraph b, 5.
4.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
5.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as flood conditions or
similar circumstances, the Planning Board may, after adequate investigation,
withhold approval of such lots.
e.
Public Use and Service Areas.
1.
In large scale development, easements along rear property lines or
elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the
companies or municipal departments concerned.
2.
Where a subdivision is traversed by a watercourse, drainage way,
channel or stream, there shall be provided a storm water easement
or drainage right-of-way conforming substantially with the lines of
such watercourse, and such further width or construction, or both,
as will be adequate for the purpose.
3.
Natural features such as trees, brooks, and views shall be preserved
whenever possible in designing any subdivision containing such features.
[Ord. No. 269 A.X]
If, before final approval has been obtained, any person transfers
or sells or agrees to sell, as owner or agent, any land which forms
a part of a subdivision on which, by ordinance, the Planning Board
is required to act, such person shall be subject to a fine not to
exceed $200 or to imprisonment for not more than 30 days and each
parcel, plot or lot so disposed of shall be deemed a separate violation.
In addition to the foregoing, if the streets in the subdivision
are not such that a structure on the land in the subdivision would
meet requirements for a building permit under Section 10 of the Official
Map and Building Permit Act (1953), the municipality may institute
and maintain a civil action:
a.
For injunctive relief.
b.
To set aside and invalidate any conveyance made pursuant to such
a contract or sale if a certificate of compliance has not been issued
in accordance with Section 24 of Chapter 433 of the Laws of 1953.
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In any such action the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of land from which the subdivision
was made that remains in the possession of the subdivider or his assigns
or successors, to secure the return of any deposit made or purchase
price paid, and also a reasonable search fee, survey expense and title
closing expense, if any. Any such action must be brought within two
years after the date of the recording of the instrument of transfer,
sale or conveyance of the land, or within six years if unrecorded.
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[Ord. No. 269 A.XII]
a.
The provisions of this chapter shall not apply to the previously
approved portion of any subdivision.
b.
These rules, regulations and standards shall be considered the minimum
requirements for the protection of the public health, safety and welfare
of the citizens of the Borough. Any action taken by the Planning Board
under the terms of this chapter shall give primary consideration to
the above mentioned matters and to the welfare of the entire community.
However, if the subdivider or his agent can clearly demonstrate that,
because of peculiar conditions pertaining to his land, the literal
enforcement of one or more of these regulations is impracticable or
will exact undue hardship, the Planning Board may permit such variance
or variances as may be reasonable and within the general purpose and
intent of the rules, regulations and standards established by this
chapter.
c.
Conflicting Provisions. The standards and regulations in this chapter
applicable to the Pinelands Area are intended to be the minimum provisions
necessary to achieve the purposes and objectives of this chapter and
the Pinelands Protection Act. In the event of a conflict between any
provision, the stricter provision shall apply.
