[1982 Code § 15-1.1; Ord. 6/12/01]
This chapter consists of "An ordinance establishing rules, regulations
and standards governing the subdivision of land and site plan review
within the Borough of Victory Gardens pursuant to the authority set
forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. and
amendments and supplements thereto, setting forth the procedure to
be followed by the Planning Board in applying and administering these
rules, regulations, and standards and providing penalties for the
violation thereof."
[1982 Code § 15-1.2; Ord. 6/12/01]
This chapter shall be known and may be cited as the "Land Subdivision
and Site Plan Review Regulations of the Borough of Victory Gardens."
[1982 Code § 15-1.3]
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Borough of Victory
Gardens in order to promote the public health, safety, convenience
and general welfare of the Borough and to carry out the objective
of the Municipal Land Use Law. It shall be administered to ensure
the orderly growth and development, the conservation, protection and
proper use of land and adequate provisions for circulation, utilities
and services and the conservation and environmental protection of
all land, water and air resources within the jurisdiction of the Borough.
[1982 Code § 15-1.4]
The provisions of this chapter shall be administered by the
Borough Planning Board in accordance with the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
[1982 Code § 15-2.1]
Unless the context otherwise indicates, the following definitions
shall be used in the interpretation and construction of the chapter.
Words used in the present tense include the future, the singular number
shall include the plural, and the plural the singular; the word "person"
includes the corporation as well as an individual; the word "occupied"
includes the words "designed or intended to be occupied"; the word
"used" shall include the words "arranged, designed, constructed, altered,
converted, rented, leased, or intended to be used"; the word "abut"
shall include the words "directly across from", "adjacent" and "next
to"; and the word "shall" is mandatory and not optional.
[Ord. 8/26/08 § 3; Ord. 8/26/08 § 1; 1982 Code § 15-2.2; Ord. 8/26/08]
Certain words and phrases used in the chapter are defined for
the purpose hereof as follows:
Shall mean a subordinate building or structure on the same
lot with a principal building devoted exclusively for a use normally
accessory to the principal use. Where an accessory building or structure
is attached to a principal building by wall, roof or other means,
such accessory building or structure shall be considered part of the
principal building.
Shall mean one or more persons designated to represent the
applicant before the Planning Board. All agents of corporations representing
the corporation before the Planning Board shall be attorneys licensed
to practice in the State of New Jersey.
Shall mean a minor way which is used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
Shall mean the legal or beneficial owner or owners of land
to be subdivided. The holder of an option or contract to purchase,
or other person or persons having an enforceable proprietary interest
in such land, may be considered to be an applicant for the purpose
of this chapter.
Shall mean the area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in Chapter 23, Zoning, and as further specified herein.
Shall mean the municipal official designated by the Borough
Council as the Borough Engineer and Planner.
Shall mean a combination of materials to form a construction
having a roof adapted to permanent, temporary or continuous occupancy
and/or use.
Shall mean the municipal official specified in the building
code and designated as such by the Governing Body; previously known
as the Building Inspector.
Shall mean a street or portion of a street in which accessibility
is limited to only one single means of ingress and egress.
Shall mean calendar days.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase or other
person having an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land for which permission may be required pursuant to this
chapter.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes control of runoff
to minimize erosion and sedimentation during and after construction
or development and means necessary for water supply preservation or
prevention or alleviation of flooding.
Shall mean the official action of the Planning Board taken
on a preliminary approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
Shall mean:
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey; and
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person whether residing
within or without the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
chapter or whose rights to use, acquire or enjoy property under this
chapter or under any other law of this State or of the United States
have been denied, violated or infringed by an action or a failure
to act under this chapter.
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A street passing through land shall be considered as having divided the land into lots. A building lot shall be one meeting the minimum area and dimension requirements as specified in Chapter 23, Zoning, and fronting on an approved street.
Shall mean any security, other than cash, which may be accepted
by the Borough for the maintenance of any improvements required by
this chapter.
Shall mean any subdivision not classified as minor subdivision
by the Planning Board.
Shall mean the law describing map filing requirements, N.J.S.A.
46:23-9.9.
Shall mean a composite of one or more written or graphic
proposals for the development of the municipality as set forth in
and adopted pursuant to Article 3, Master Plan of the Municipal Land
Use Law. (N.J.S.A. 40:55D-28).
Shall mean any subdivision containing not more than two lots
exclusive of the remaining lot or parcel fronting upon an existing
street, not involving any new street or the extension of the municipal
facilities 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 an adopted Master Plan, Official Map, Zoning Ordinance
or of this chapter.
Shall mean located outside the lot lines of the lot in question
but within the property of which the lot is a part, which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
Shall mean a map adopted in accordance with N.J.S.A. 40:55D-1
et seq., or any prior act authorizing such adoption, and which map
shall be deemed to be conclusive with respect to the location and
width of streets, public parks and playgrounds, drainage rights-of-way,
flood control basins and historic sites.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
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 by a municipality,
including cash, provided that a municipality shall not require more
than 10% of the total performance guarantee in cash.
Shall mean the map or maps of a subdivision or site plan.
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 Clerk of the County of Morris for recording in accordance with
law. A plat that receives final approval shall have been prepared
by a New Jersey licensed professional engineer or land surveyor in
accordance with all of the provisions of Chapter 141 of the Laws of
1960.
Shall mean the sketch map of major subdivision of sufficient accuracy to be used for the purpose of discussion and classification and which meets the requirements of subsection 21-6.2 of this chapter.
Shall mean the conferral of certain rights prior to final
approval after specific elements of a development plan have been agreed
upon by the Planning Board and the applicant.
Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for consideration and tentative approval and meets the requirements of subsection 21-6.4.
Shall mean the land reserved or dedicated for the installation
of stormwater sewers or drainage ditches or required along a natural
stream or watercourse for preserving the channel and providing for
the flow of water to safeguard the public against flood damage, sedimentation
and erosion.
Shall mean a development plan of one or more lots on which
is shown (1) the existing and proposed conditions of the lot, including,
but not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways, (2) the location of all existing and
proposed buildings, drives, parking spaces, walkways, means of ingress
and egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices, and (3) any other information
that may be reasonably required in order to make an informed determination
pursuant to an ordinance requiring review and approval of site plans
by the Planning Board adopted pursuant to article 6 of this act.
MAJOR SITE PLANShall mean any development plan not classified as a minor site plan.
MINOR SITE PLANShall mean a development plan of one or more lot which:
Proposes development of a relatively minor or immaterial nature
limited to the following general types of development.
A change in use involving interior building construction and
exterior building improvements limited to those set forth in paragraphs
(b) and (c) below;
Minor structural changes in the nature of entry enclosures,
porticos, facade changes, display windows and other structural appurtenances;
or
Building additions not exceeding 750 square feet of new development
and not involving any additional off-street parking or any land disturbance
beyond the immediate area around the structure;
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated in accordance
with the provisions of the Municipal Land Use Law or this chapter;
and
Contains the information reasonably required in order to make
an informed determination as to whether the requirements of this chapter
have been met.
Shall mean slopes 15% or greater in gradient as measured
utilizing a two-foot contour interval. Impervious surface shall mean
any surface that has been compacted or covered with a layer of material
so that it is highly resistant or impervious to infiltration by water.
[Ord. 8/26/08 § III]
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, bridge, overpass, drive or other way which is an existing
State, County or municipal roadway; which is shown upon a plat heretofore
approved pursuant to law; which is approved by official action as
provided by this chapter, or which is shown 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,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines.
Shall mean a street carrying traffic from collector streets.
Shall mean a street which carries traffic from minor streets
to the major system of arterial streets. They shall include the principal
entrance street(s) of a residential development and streets for circulation
within such a development.
Shall mean a street used primarily for access to the abutting
properties.
Shall mean a street which is parallel to and adjacent to
an arterial street or highway and which provides access to abutting
properties and protection from through traffic.
See Street, local.
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 into two
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
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.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order.
Conveyances so as to combine existing lots by deed or other
instrument.
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The term subdivision shall also include the term resubdivision.
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Shall mean a committee of at least three Planning Board members
appointed by the Chairman of the Board for the purpose of reviewing
subdivisions in accordance with the provisions of this chapter and
having such duties relating to land subdivision which may be conferred
upon this committee by the Board.
[1982 Code § 15-3.1]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the health, safety and
welfare of the citizens of the Borough.
[1982 Code § 15-3.2]
Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the matters mentioned in subsection 21-3.1.
[1982 Code § 15-3.3]
The Planning Board, when acting upon applications for minor
or preliminary subdivision approval, shall have the power to grant
such exceptions from the requirements for subdivision approval as
may be reasonable and within the general purpose and intent of this
chapter if the literal enforcement of one or more provisions of this
chapter is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
[1982 Code § 15-3.4]
The Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer's being required to
make further application to the Planning Board, or the Planning Board's
being required to hold further hearings. The longest time period for
action by the Planning Board, whether for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
[1982 Code § 15-3.5]
Certificates of approval shall be issued by the Borough Clerk
in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-56.
[1982 Code § 15-3.6; Ord. 8/26/08 § 4; Ord. 4/13/10]
The following schedule of fees and costs for land development
applications shall be paid, in full, to the Borough at the time of
submission of an application for development.
a.
Subdivisions.
1.
Concept plan: $500 plus $100 per lot.
2.
Minor subdivision: $400 plus $50 per lot.
3.
Preliminary major subdivision: $500 plus $125 per lot.
4.
Amended preliminary major subdivision, or minor subdivision as a
proportion of the preliminary major subdivision application fee: 50%.
5.
Final major or minor subdivision, as a proportion of the preliminary
major or minor subdivision application fee: 50%.
b.
Site Plans.
1.
Site plan concept: $200.
2.
Minor site plan: $400.
3.
Major site plan, preliminary: $500 plus $50 per each 1,000 square
feet of floor area.
4.
Amended preliminary site plan, as a proportion of the preliminary
site plan application fee: 50%.
5.
Final site plan, as a proportion of the preliminary site plan application
fee: 50%.
6.
If the site plan review procedures are waived, the Planning Board
may reduce the development application fee to an amount sufficient
to cover its administrative and professional service expenses in connection
with the application. There shall be a minimum fee of $250.
c.
Variance and Appeals.
1.
Pursuant to N.J.S.A. 40:55D-70(a) or (b): $275.
2.
Pursuant to N.J.S.A. 40:55D-70(c): $425.
3.
Pursuant to N.J.S.A. 40:55D-70(d): $850 for new construction, $600
for all others.
4.
Appeals to the Planning Board or Zoning Board of Adjustment pursuant
to N.J.S.A. 40:55D-34 and N.J.S.A. 40:55D-36: $400.
5.
Conditional use permit pursuant to N.J.S.A. 40:55D-67: $400 plus
site plan fee.
d.
Special Meeting. Should the Planning Board or Zoning Board of Adjustment,
at the request of any applicant or applicant's authorized representatives,
or where the Board finds a necessity concerning any matter within
the Board's jurisdiction, schedule a special meeting in respect to
such matter, the person, firm or corporation for which said meeting
is scheduled shall pay a fee of $1,430 to defray the costs of scheduling
and holding such special meeting. This fee shall be in addition to
all other fees and charges heretofore or hereafter established.
e.
Request to Amend Zoning Map. Any person requesting a zone change
shall do so accompanied by a fee of $1,000. This fee covers cost of
administration and professional reviews. Any such request shall be
submitted to the Township Clerk. Attached to the request shall be
an appropriate scale map identifying the area to be rezoned in specific
relation to the neighborhood area and also in relation to the entire
Borough. Zone boundary lines shall be provided in an accurately and
clearly drawn format for an area within 200 feet of the proposed zone
change area.
f.
In addition to the fees set forth for the review of subdivision plans
and site plans there shall also be an inspection fee of 5% of the
estimated cost of improvements on site plans and an inspection fee
of 5% of the estimated cost of the improvements for subdivision as
estimated by the Borough Engineer and payable prior to the commencement
of construction and a preconstruction meeting. This charge shall be
for the purpose of defraying the costs of inspections of the installation
of the improvements required by the Planning Board.
g.
Fees for engineering inspections during and after construction and during the maintenance period shall be in accordance with subsection 21-3.6 herein as computed by the Borough Engineer. In the event that construction proceeds at a very slow rate and the work is not pursued in a diligent manner resulting in an increase in the number of engineering inspections, or in the event of faulty installations, inferior materials or workmanship causing an increase in the number of engineering inspections, any additional fees charged to the Borough by the Borough Engineer and any additional inspection costs shall be paid by the subdivider/developer.
h.
The inspection fee shall include inspections, travel time, conferences
and review of plans pertaining to inspections and preparation of guarantee
estimates and reductions of same. The costs shall be deducted from
the inspection fee deposit. Where the inspection costs exceed the
inspection fee deposit, the developer shall pay the additional amount
within 60 days. Where the inspection costs are less than inspection
fee deposit, the difference shall be refunded to the developer at
the time of completion of the maintenance guarantee period and release
of the maintenance bond by the Borough.
i.
All permits, determinations, resolutions or certificates of approval
are subject to the payment of all fees required in this section.
j.
All applicants or appellants other than a department board or agency
of the Borough shall pay the applicable fees unless such fee is specifically
waived by the Borough Council. Such waivers shall only be considered
for nonprofit organizations.
[1982 Code § 15-3.7]
a.
No Building Permits Before Final Approval. No building permit shall
be issued by the Construction Official for any dwellings, buildings
or structures within the subdivision until endorsement of all building
permits by the Municipal Utilities Authority, prior to issuance, showing
that adequate sewer and water services are available and will be supplied
to the particular lot in question. A clause to this effect shall be
included in the subdividers' agreement between the developer and the
Borough of Victory Gardens.
b.
Certificate of Occupancy. No Certificate of Occupancy for any dwelling,
building or structure shall be granted unless all required improvements
have been installed or completed except as noted below.
c.
Exception.
1.
A Certificate of Occupancy may be issued if all improvements have been installed or completed except the finish course of the road and the Borough Engineering warrants that completion of the road is in the Borough's interest after the subdivider has completed construction of dwellings and structures. The maintenance guarantee required by subsection 21-7.6 shall not begin until the finish course has been installed.
2.
Lot Improvements. Whereas the sidewalks, driveway aprons and/or lot
grading are normally required to be completed prior to the issuance
of a Certificate of Occupancy, it is recognized that weather conditions
could prevent their timely completion. Under these conditions a separate
cash performance guarantee shall be posted prior to the issuance of
a certificate of occupancy in accordance with the following: The cash
performance guarantee or the lot grading shall be in the amount approved
by the Borough. The cash performance guarantee shall be accompanied
by a statement by the developer listing the completion date for the
lot grading and/or other incomplete improvements. The cash performance
guarantee shall be further accompanied by a statement from the prospective
purchaser, acknowledging the incomplete improvements and releasing
the Borough from all responsibility for the incomplete improvements
and for the amount of cash performance guarantee.
[1982 Code § 15-3.8]
a.
In the event that a developer submits an application for subdivision
approval proposing a development that is barred or prevented, directly
or indirectly, by a legal action instituted by any State agency, political
subdivision or other party to protect the public health and welfare
or by a directive or order issued by any State agency, political subdivision
or court of competent jurisdiction to protect the public health and
welfare, the Planning Board shall process such application in accordance
with this chapter and, if such application complies with all Borough
regulations, the Planning Board shall approve such applications conditional
on removal of such legal barrier to development.
b.
In the event that development proposed by an application for subdivision
approval requires an approval by a governmental agency other than
the Planning Board, the Planning Board shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency. The Planning Board shall make a decision on any application
for subdivision approval within the time period provided in this chapter
or within an extension of such period as has been agreed to by the
applicant unless the Planning Board is prevented or relieved from
so acting by the operation of law.
[1982 Code § 15-3.9]
In the event that during the period of approval heretofore or
hereafter granted to an application for subdivision approval, the
developer is barred or prevented, directly or indirectly, from proceeding
with the development otherwise permitted under such approval by a
legal action instituted by any State agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any State agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing and able to proceed
with said development, the running of the period of approval under
this chapter shall be suspended for the period of time the legal action
is pending or such directive or order is in effect.
[1982 Code § 15-3.10]
The Planning Board, when reviewing applications for subdivisions,
shall have the power to grant, to the same extent and subject to the
same restrictions as the Board of Adjustment, "C" type variances.
These variances shall be granted where, by reason of exceptional narrowness,
shallowness or shape of a specific piece of property, or by reason
of exceptional topographic conditions, or by reason of other extraordinary
and exceptional situation or condition of such piece of property,
the strict application of any zoning regulation would result in peculiar
and exceptional practical difficulties to, or exceptional and undue
hardship upon, the developer of such property. The variance granted
from such strict application of such regulations shall relieve such
difficulties or hardship; provided however, that no variance shall
be granted under this subsection to allow a structure or use in a
district restricted against such structure or use.
[Ord. 1/11/05]
In addition to the filing fees and any other fees or payments
required by this chapter, the applicant for any development application,
appeal, or other matter pursuant to this chapter shall be responsible
to reimburse the Borough for payments made to professional or experts
for services rendered to the Borough related to such application,
appeal, or other matter. Such services may be performed by Borough
professionals and/or outside professionals or experts. Department
heads, upon review of developer applications to the Board, shall advise
the Borough Engineer and the Borough Administrator of the need for
particular consulting services, if any, including, but not limited
to acoustics, fire prevention, stormwater management, sanitary sewers,
water supply and traffic. Such services shall also include review
of applications for development, review and preparation of documents,
inspection of improvements or other purposes under the provisions
of this chapter or the Municipal Land Use Law. The Borough Engineer
and Borough Administrator shall review the submissions of the department
heads and shall make a recommendation to the Planning Board or Zoning
Board of Adjustment, as appropriate, as to retention of professionals
or expert services. The following provisions shall apply to the reimbursement
of such payments:
a.
Initial Deposits for Professional Services. At the time of the filing of an application for development, appeal, or other matter pursuant to this chapter, the applicant shall pay to the Administrative Officer an initial deposit for professional services in an escrow account. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit required shall be established in accordance with the following schedule. Deposits shall be paid by cashier's check, certified check, bank money order or cash. In the case of proposals requiring a combination of approvals, such as subdivision, site plan and/or variance(s), the applicant shall deposit an amount equal to the sum of the deposits required for each application. Any deposits which remain unused after final approval has been granted and plans signed in the case of a plan review or after improvements have been approved in a project improvement, will be returned pursuant to the close out procedures set forth in subsection 21-3.12 of the Borough of Victory Gardens Code.
1.
Subdivisions. The amount of the deposit shall be calculated based
on the number of proposed lots as follows:
(a)
Informal Subdivision Review by Planning Board. One-half of the
deposit that would be required for preliminary subdivision application
for the same development.
(b)
Minor Subdivision: $500.
(c)
Preliminary Major Subdivision: $1,000, plus $100 for each lot
in the proposed subdivision.
(d)
Revised Preliminary Major Subdivision: During the course of
review of an application for a preliminary major subdivision, and
prior to preliminary approval, the applicant may submit a revised
application, including revised plans and other materials, for consideration
by the reviewing agency without being subject to an additional escrow
deposit.
(e)
Amended. Preliminary Major Subdivision: If after receiving preliminary
major subdivision approval, but prior to the expiration of such protections
resulting from preliminary appeal as provided by N.J.S.A. 40:55D-49,
and prior to receipt of final approval, the applicant seeks amended
preliminary major subdivision approval, the applicant shall make an
escrow deposit of $1,000, plus $100 for each lot affected by the proposed
amendment.
(f)
Final Major Subdivision: $500, plus $50 for each lot in the
proposed subdivision. In the event that application for final approval
is by stages or sections of development as provided by this chapter,
the deposit shall be based upon the stage or section of development
for which approval is sought.
(g)
Amended Final Major Subdivision: If after receiving final major
subdivision approval, but prior to the expiration of such protections
resulting from final approval as provided by N.J.S.A. 40:55D-52 the
applicant seeks amended final major subdivision approval, the escrow
deposit shall be $500, plus $50 for each lot affected by the proposed
amendment.
2.
Site Plans. The amount of the deposit shall be based on one or more
of the following: the area of the site to be developed, the square
footage of buildings to be constructed, or an additional factor for
circulation-intensive sites, such as those containing drive-through
facilities as follows:
(a)
Informal Site Plan Review by Planning Board: 1/2 of the deposit
that would be required for preliminary site plan application for the
same development.
(b)
Minor Site Plan: $500.
(c)
Preliminary Major Site Plan, Nonresidential Use:
(1)
$1,000, plus.
(2)
$100 for the first 20,000 square feet of lot area, or fraction
thereof, plus.
(3)
$20 for each 10,000 square feet, or fraction thereof, of lot
area over 20,000 square feet, plus
(4)
$100 for the first 1,000 square feet, or fraction thereof, of
floor area of any new building, or alteration of or addition to any
existing building on the subject property.
(5)
$20 for each 1,000 square feet, or fraction thereof, of floor
area over 1,000 square feet.
(d)
Preliminary Major Site Plan, Residential Use, Residential Use:
$60 for each acre, or part thereof, within the development site, plus
$40 for each market dwelling unit within the development.
(e)
Revised Preliminary Major Site Plan: During the course of review
of an application for a preliminary major site plan, and prior to
preliminary approval, the applicant may submit a revised application,
including revised plans and other materials, for consideration by
the reviewing agency without being subject to an additional escrow
deposit.
(f)
Amended Preliminary Major Site Plan: If after receiving preliminary
major site plan approval, but prior to the expiration of such protections
resulting from preliminary approval as provided by N.J.S.A. 40:55D-49,
and prior to receipt of final approval, the applicant seeks amended
preliminary major site plan approval, the escrow deposit shall be
equal to 1/3 of the escrow deposit required for preliminary approval.
(g)
Final Major Site Plan: $30 for each acre, or part thereof, within
the development site, plus $20 for each market rate dwelling unit
within the development. In the event that application for final approval
is by stages or sections of development as provided by this chapter,
the escrow deposit shall be based upon the stage or section of development
for which approval is sought.
(h)
Amended Final Major Site Plan: If after receiving final major
site plan approval, but prior to the expiration of such protections
resulting from final approval as provided by N.J.S.A. 49:55D-52, the
applicant seeks amended final major site plan approval, the escrow
deposit shall be equal to 1/3 of the escrow deposit required for final
approval.
3.
Conditional Use Review by the Planning Board. Review of conditional
use applications by the Planning Board shall require an initial deposit
of $250, plus any site plan application deposit otherwise applicable.
4.
General Development Plan. Review of general development plan applications
by the Planning Board shall require an initial deposit of $2,000.
5.
Variances, Interpretations and Certain Permits.
(a)
"D" Variances: $1,000 for each variance, up to a maximum $2,000
initial deposit.
(b)
Variances Other Than "D" Variances: No deposit required if associated
with another category of application, $100 for each variance if professional
services are required by the Borough agency.
(c)
Interpretation of Zoning Map, Zoning Regulations, or Other Special
Questions: $500 for each interpretation or special question.
(d)
Permit for Structure in the Bed of a Mapped Street, Public Drainage
Way, Flood Control Basin or Public Area on Official Map: No deposit
required if associated with another category of application. If not
associated with another category of application, $250 for each violation
if professional services are required by the Borough agency.
(e)
Permit for Structure on a Lot Not Related to a Street: No deposit
required if associated with another category of application. If not
associated with another category of application, $250 for each violation
if professional services are required by the Borough agency.
6.
Appeals.
(a)
Appeal From Decision of Administrative Officer. An appeal pursuant
to N.J.S.A. 40:55D-70a shall be accompanied by a deposit of $250 for
each decision appealed from, if professional services are required
by the Borough agency.
(b)
Appeal to Borough Council. An appeal to the Borough Council
pursuant to N.J.S.A. 40:55D-17a shall be accompanied by a deposit
of $1,000 for each appeal, if professional services are required by
the Council.
7.
Request to Amend Master Plan, Zoning Map or Land Use Ordinance. A
request made to the Planning Board to discuss a possible amendment
to the Master Plan, Zoning Map or Land Use Ordinance shall require
an initial deposit of $1,000 for each amendment requested.
b.
Subsequent Deposits for Professional Services. In the event that
the amount in the individual account for professional services should
become depleted to less than 25% of the initial deposit required by
this chapter, and if the Administrative Officer determines that additional
funds are necessary to cover the cost of processing the application,
the Administrative Officer shall notify the applicant immediately
of such depletion. Upon receiving such notice, the applicant shall
deposit additional funds as necessary to make the amount in the account
not less than 50% of the initial deposit required by this chapter
for professional services.
c.
Failure to Maintain Deposit for Professional Services. If the required
funds for professional services are not deposited in a timely manner,
the Administrative Officer shall notify the Borough agency having
jurisdiction over the application, and shall send copies of the notification
to the Borough Finance Director. Upon receipt of the copy of notification,
the Finance Officer shall immediately inform the Mayor and Borough
Council of the notification. No further action shall be taken on the
application unless the deposits have been made by the applicant as
required above. In the event that the time for action by a Borough
agency, or any extension thereof, as required by this chapter shall
expire prior to the payment of the required deposits, the reviewing
agency shall have the option of dismissing the application.
d.
Vouchers for Payment of Professional Services. All payments charged
to a deposit required by this section shall be made pursuant to written
monthly vouchers for each application from the professional(s) submitted
to the Chief Financial Officer of the Borough. It must identify the
individual performing the service, and for each date the services
performed, the hours expended to one-quarter hour increments, the
hourly rate, and the expenses which were incurred for services provided.
1.
If the services are provided by a professional employee of the Borough,
the Borough employee shall prepare and submit to the Borough's Chief
Financial Officer a statement providing the same information which
is required on the voucher on a monthly basis.
2.
The professional is required to forward an informational copy of
the voucher or statement submitted to the Borough's Chief Financial
Officer simultaneously to the applicant. The Chief Financial Officer
must then prepare and forward a statement to the applicant which includes
an accounting of funds and lists all deposits, interest earnings,
any disbursements, and the cumulative balance of the escrow account.
If the monthly charges are $1,000 or less the information will be
provided on a quarterly basis. If the monthly charges exceed $1,000,
this information will be provided on a monthly basis.
3.
The Chief Financial Officer of the Borough will also provide the applicant with a notice of insufficient escrow or deposit balance if the escrow account or deposit contains insufficient funds to enable the Borough or approving authority to perform required application reviews or improvement inspections. In order for work to continue on the development or the application, the applicant must, within 10 days, post a deposit to the account in an amount to be agreed upon by the Borough or approving authority and the applicant. The Borough retains the right to suspend work pursuant to subsection 21-3.12 if there are insufficient escrow deposit funds.
e.
Rates of Payment for Professional Services. If the salary, staff
support and overhead for a professional are provided by the Borough,
the hourly rate charged shall not exceed 200% of the sum of the products
resulting from multiplying (1) the hourly base salary of the professional
by (2) the number of hours spent by the professional upon review of
the application for development or inspection of the developer's improvements.
For other professionals, the charge to the deposit shall be at the
same rate as all other work of the same nature by the professional
for the Borough. Rates for professional services shall be in accordance
with a schedule of professional fees filed annually with the Administrative
Officer and maintained in the office of the Borough Clerk for public
inspection.
f.
Retention and Payment of Different Professional or Consultant. If
the municipality retains a different professional or consultant in
the place of the professional originally responsible for development,
application review, or inspection of improvements, the municipality
or approving authority shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project and the municipality or approving authority shall not
bill the applicant or charge the deposit or the escrow account for
any such services.
[Ord. 1/11/05]
Deposits received for professional services employed by the
Borough to review applications for development, for Borough inspection
fees in accordance with this chapter, or to satisfy the guarantee
requirements of this chapter shall be administered in accordance with
the following provisions:
a.
Deposits to be Held in Escrow. Whenever an amount of money in excess
of $5,000 shall be deposited by an applicant with the Borough, the
money, until repair or applied to the purposes, for which it is deposited,
including the applicant's portion of the interest earned thereon,
except as otherwise provided in this chapter, shall continue to be
the property of the applicant and shall be held in trust by the Borough.
Deposits received pursuant to this section shall be held in escrow
and deposited in a banking institution or savings and loan association
in New Jersey insured by an agency of the Federal government, or any
other fund or depository approved for such deposits by the State of
New Jersey. Such deposits shall be placed in an account bearing interest
at the minimum rate currently paid by the institution or depository
on time or savings deposits. The Borough shall notify the applicant
in writing of the name and address of the institution or depository
in which the deposit is made and the amount of the deposit.
b.
Refund of Deposits; Interest. Any of the funds remaining in the deposit
or escrow accounts after the approving authority has granted final
approval and signed the subdivision plat or site plan or after the
improvements have been approved the applicant shall send written notice
by certified mail to the Chief Financial Officer of the municipality
and the approving authority and to the relevant municipal professional,
that the application or the improvements are completed. After receipt
of notice, the professional shall render a final bill to the Chief
Financial Officer of the Municipality within 30 days, and shall also
send a copy to the applicant at the same time. The Chief Financial
Officer shall render a written final accounting to the applicant on
the uses to which the deposit was put within 45 days of receipt of
the final bill. For deposits or escrow accounts over $5,000 placed
in an interest bearing account pursuant to this chapter, refunds of
interest shall be made as follows:
1.
The Borough shall not be required to refund an amount of interest
paid on a deposit which does not exceed $100 for the year.
2.
If the amount of interest exceeds $100 for the year, that entire
amount shall belong to the applicant and shall be refunded to him
by the Borough annually or at the time the deposit is repaid or applied
to the purposes for which it was deposited, as the case may be; except
that the Borough may retain for administrative expenses a sum equivalent
to no more than 33 1/3 of that entire amount, which shall be
in lieu of all other administrative and custodial expenses.
[1982 Code § 15-4.1]
Hearings shall be required as part of preliminary approval for
all major subdivisions.
[1982 Code § 15-4.2]
A complete set of maps, documents and exhibits shall be on file
at least 10 days prior to the date of the hearing at the office of
the Planning Board.
[1982 Code § 15-4.3]
a.
When Required. A public notice shall be required for preliminary
approval of all major subdivision applications and approval of all
minor subdivision applications requiring a zoning variance to be granted
by the Planning Board.
b.
Contents of Notice. Notices shall state the date, time and place
of the hearing, the nature of the matters to be considered and an
identification of the property proposed for subdivision by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Borough Tax Assessor's office,
and the location and times at which any maps and documents for which
approval is sought are available.
c.
To Whom Notice is Required: How Served. The applicant shall be required
to give public notice as follows:
1.
By publication in the official newspaper of the Borough.
2.
To owners of all real property as shown on the current tax duplicate,
located within 200 feet in all directions of the entire property which
is the subject of such hearing.
3.
Notice shall be given by serving a copy thereof on the property owner
as shown on said current tax duplicate, or his agent in charge of
the property, or by mailing a copy thereof by certified mail to the
property owner at his address as shown on the current tax duplicate.
4.
Notice to a partnership owner may be made by service upon any partner.
Notice to corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
5.
Upon the written request of an applicant and payment of $10, the
Borough Clerk shall, within seven days, make and certify a list from
the current tax duplicates of names and addresses of owners to whom
the applicant is required to give notice. The applicant shall be entitled
to rely upon the information contained in such list, and failure to
give notice to any owner not on the list shall not invalidate any
hearing or proceeding.
6.
Notice of all hearings on applications for subdivision approval involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality.
7.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for subdivision
approval of property adjacent to an existing County road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
8.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
subdivision approval of property adjacent to a State highway.
9.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning of a hearing on an application for subdivision approval of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Planning Board pursuant to subsection 21-4.2.
10.
The applicant shall file an affidavit of proof(s) of service with
the Planning Board on the application for subdivision.
11.
Any notice made by certified mail shall be deemed complete upon mailing.
[1982 Code § 15-4.4]
Each decision on any application for development shall be in
writing and shall include findings of fact and conclusions based thereon.
a.
A copy of the decision shall be mailed by the Planning Board within
10 days of the date of decision to the applicant or if represented
then to his attorney, without separate charge, and to all who request
a copy of the decision for a reasonable fee. A copy of the decision
shall also be filed by the Planning Board in the office of the Planning
Board. The Planning Board shall make a copy of such filed decision
available to any interested party for a reasonable fee and available
for public inspection at the Planning Board office during normal business
hours when said office is open.
b.
A brief notice of the decision shall be published in the official
newspaper of the Borough or in a newspaper of general circulation
in the Borough. Such publication shall be arranged by the Borough
within 10 days of the date of decision. The forty-five-day period
of time in which an appeal of the decision may be made shall run from
the date of the first publication of the decision.
[1982 Code § 15-5.1]
Any applicant wishing to subdivide or resubdivide land within
the Borough shall apply for and obtain the approval of the Planning
Board in accordance with the following procedure. The applicant or
his agent shall appear at all regular meetings of the Planning Board
whenever the application is being considered. Failure to appear shall
constitute withdrawal without prejudice; provided, however, that the
Board may waive the failure to appear for good cause shown. The Planning
Board may act on minor subdivisions without the applicant or his agent
being present.
[1982 Code § 15-5.2]
a.
Procedure. An applicant for the subdivision of land may submit to the Planning Board Clerk an application for subdivision, the required application fee as specified in subsection 21-3.6 herein and sufficient copies of a sketch plat and reverse line sepia, containing the information required in subsection 21-6.2 at least two weeks prior to a regular meeting of the Planning Board.
b.
Classification. The Subdivision Committee shall review the plat prior
to the Planning Board meeting and classify it as a minor or major
subdivision. Subdivisions failing to receive a unanimous vote as a
minor subdivision shall be considered a major subdivision.
c.
Planning Board Approval. The Subdivision Committee shall report its
recommendations and comments on each application to the Planning Board
at the next regular meeting of the Planning Board. The Planning Board
shall have the right to approve or change the classification by majority
vote.
d.
Minor Subdivision.
1.
If classified as a minor subdivision, the Planning Board shall retain
two copies of the plat and forward copies of the plat to the following
for review and comment:
2.
The Planning Board shall have the authority to approve a minor subdivision
without the necessity of such referral to other agencies.
3.
In order to facilitate review of subdivisions the applicant or his
representative must be available to walk the tract with the representative
of the Planning Board or, alternatively, must have all boundaries
and proposed boundaries clearly marked so that they may be readily
ascertained by the representatives of the Planning Board.
e.
Action.
1.
The Planning Board shall not approve or conditionally approve the
minor subdivision prior to receipt of comments by the above agencies
or officials or after 30 days have elapsed from referral without any
comments.
2.
Where there is a question of the suitability of a lot or lots for
their intended use due to factors such as rock formations, soil conditions,
steep slopes, streams, watercourses, flood conditions, high water
table and/or other environmentally sensitive factors, the Planning
Board may require the applicant to submit information satisfactory
to the Planning Board on any or all of the above factors.
Upon receipt and review of the above information the Planning
Board shall have the right to grant approval conditional on one or
both of the following:
3.
If approved, a notation to that effect shall be made on the plat,
and it shall be signed by the Planning Board Chairman and the Planning
Board Clerk and returned to the subdivider when the provisions of
this subsection have been met. No approval shall be granted unless
the applicant secures a statement from the Tax Collector that all
taxes have been paid to date on the property. If rejected, the reasons
for rejection shall be noted on all copies of the application form,
one of which shall be returned to the applicant.
f.
Filing with County Recording Officer. If approved as a minor subdivision,
a plat drawn in compliance with Chapter 141 of the Laws of 1960 or
a deed stamped with the date of Planning Board approval shall be filed
with the County Recording Officer within 190 days from the date of
approval. Failure to file within 190 days shall void the subdivision
approval.
g.
Lands Resulting from Subdivisions. Any lands, lots or parcels resulting
from a subdivision, including remaining lands, shall not be resubmitted
as a minor subdivision for a twenty-four-month period from the date
of the initial approval as a subdivision.
h.
Approved Minor Subdivisions; Municipal Distribution. Before the Planning
Board Clerk returns any approved minor subdivision to the subdivider,
the applicant shall provide the Clerk with a certificate of filing
from the County Clerk's office. The Clerk shall distribute copies
of the approved subdivision to each of the following:
i.
Sketch Plat Classified as a Major Subdivision. If the sketch plat is classified as a major subdivision, a notation to that effect shall be made on the plat which will be returned to the applicant for compliance with subsection 21-5.3.
j.
Planning Board Action. The Planning Board shall grant or deny a minor
subdivision or classify a sketch plat, as the case may be, within
45 days after submission of such plat to the Borough Clerk or within
such time as may be consented to by the applicant.
k.
Effect of Minor Subdivision Approval. The granting of minor subdivision approval shall guarantee that the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in subsection 21-5.2f.
[1982 Code § 15-5.3]
a.
Submission. At least 10 legible prints of the plat containing all data required in subsection 21-6.4 of this chapter together with three completed applications for preliminary approval, and all appropriate fees as required in subsection 21-3.6 herein shall be submitted to the Planning Board Clerk at least two weeks prior to the regular Planning Board meeting at which it is to be considered. The Planning Board shall determine at that meeting whether a complete application with all required exhibits has been submitted. If not, the applicant shall be so notified in writing by the Planning Board Clerk within 45 days of the original submission of the application.
b.
c.
Distribution. Copies of the preliminary plats and exhibits shall
be forwarded immediately upon receipt to the following persons:
1.
Borough Engineer.
2.
Borough Board of Health.
3.
Borough Construction Official.
4.
County Planning Board.
5.
Subdivision Committee.
6.
Municipal Utilities Authority.
7.
Borough Planner.
8.
Any other official or agency which may be affected by the proposed
subdivision or required to be notified by law.
d.
Review. The officials and agencies cited in paragraph c., above,
shall forward their views and recommendations in writing to the Planning
Board within 30 days from the receipt of the plat. The preliminary
plat shall be referred to the subdivision committee for review and
recommendations. The Subdivision Committee may recommend certain changes
based on their review and the comments of other officials and agencies.
A full report of all meetings, recommendations and discussions shall
be forwarded to the Planning Board within 30 days after receipt of
the plat by the Committee.
e.
Notice of Public Hearing. After all comments have been received, or after 30 days have elapsed, and after the applicant has revised the plat to meet required changes, the Planning Board shall, after a review of the plat and if all requirements are met and the application is complete, set the date for the public hearing in accordance with subsection 21-11.1 and shall notify the subdivider of such date.
f.
Exhibits Required Prior to Public Hearing. At the public hearing
the following shall be submitted to the Planning Board by the applicant.
2.
Affidavit. Affidavit of notice of public hearing to persons served
giving a list of the names, addresses and lot and block numbers of
owners so notified, how served, date of service and a copy of the
notice and mail receipt.
3.
Water Supplier. Where public water is proposed for the subdivision,
the applicant shall submit a letter from the water supplier stating
that the water system, as proposed, is adequate for the development
and all future extensions thereof. The letter shall state the present
safe daily yield of the system, the expected demand by the development
on the system, the current demand of existing users and remaining
safe daily yield of the system at the minimum sustained pressure specified
by the fire underwriters.
4.
Fire Department. Where public water is proposed for the subdivision,
the applicant shall submit a letter from the Fire Department signed
by the Chief of the Department stating that the proposed waterlines
and fire hydrants are adequate for protection from fire in the proposed
development and that the type of hydrant to be installed has been
approved by them.
5.
Municipal Utilities Authority. A letter from the Municipal Utilities
Authority approving any proposed connections to the public sewage
disposal and public water systems. The letter shall indicate the total
capacity of the system and the decrease in excess capacity as a result
of the development.
g.
Time Limitation.
1.
The Planning Board shall act on the plat within 45 days after submission of a complete application including all fees, maps and exhibits for 10 or fewer lots, and within 95 days for a subdivision of more than 10 lots. If the application for development is found to be incomplete, the developer shall be notified within 45 days of submission or it shall be deemed to be properly submitted. Failure of the Planning Board to act within the above time periods or within a time extension mutually agreed upon shall be considered an approval. If the Planning Board disapproves a plat, the reasons for the disapproval shall be communicated in writing to the applicant within 10 days of the date of the decision and advertised as required by subsection 21-11.3. No action shall be taken until receipt of County Planning Board review or until 30 days have elapsed from date of referral to the County.
2.
If substantial changes or amendments are required as a result of
the public hearing or of the Planning Board deliberations, the applicant
may be required to resubmit the plat for preliminary approval.
h.
Planning Board Action. The Planning Board shall approve, conditionally
approve or reject the application. Approval or conditional approval
confers upon the applicant the following rights for a three year period
from the date of approval or conditional approval.
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements, layout and design standards for streets, curbs and sidewalks,
lot size, yard dimensions and off-tract improvements, except that
nothing herein shall be construed to prevent the Borough from modifying
by ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat.
3.
Other Required Approvals. If either the Planning Board or County
Planning Board disapproves a plat, the reasons for disapproval shall
be remedied prior to further consideration. If approval is required
by any other officer or public body, the same procedure as applies
to submission and approval by the County Planning Board shall apply.
The Planning Board may grant conditional approval subject to the subsequent
approval of other officers or public bodies.
4.
Signatures. If the Planning Board favorably acts and grants preliminary
approval, the Chairman and Secretary of the Planning Board shall affix
their signatures to the plat with a notation that it has received
preliminary approval and shall return same to the subdivider for compliance
with final approval requirements. Where conditional approval is granted,
the Chairman and the Secretary of the Planning Board shall affix their
signatures to the plat only when all conditions required for approval
have been met.
i.
Extension. The applicant may apply for and the Planning Board may
grant extensions on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
[1982 Code § 15-5.4]
a.
Submission.
1.
The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plan approval or within such extension as provided in subsection 21-5.3i.
2.
One original tracing, one translucent cloth copy, two cloth prints and 10 black and white prints with three copies of an application for final approval and the appropriate fees as required in subsection 21-3.6b herein shall be submitted to the Planning Board Clerk at least two weeks prior to the regular meeting of the Planning Board.
3.
Unless the preliminary plat was approved without changes, the final
plat shall have incorporated all changes or modifications required
by the Planning Board including conditions of preliminary approval.
The applicant shall submit an affidavit indicating no changes or those
changes noted.
4.
There shall also be submitted to the Planning Board an original and
two copies of an affidavit, signed and sworn to by the applicant,
that the final plat is drawn and presented exactly the same as the
preliminary plat approved by the Planning Board, and if there are
any changes, all such changes shall be set forth in the affidavit
as exceptions to the general statement.
b.
Exhibits Required Prior to Final Approval. The following exhibits
shall constitute part of the application for final approval, in addition
to any other exhibits that may have been required by the Board as
a condition of final approval:
1.
Borough Engineer. A letter from the Borough Engineer indicating:
(a)
That the Engineer is in receipt of a map showing all utilities
in exact location and elevation identifying those portions already
installed and those to be installed.
(b)
That the installation or construction of improvements has been
accomplished in accordance with the requirements of this chapter and
Borough specifications.
(c)
In the event improvements remain to be installed or constructed,
the Borough Engineer shall submit to the Planning Board a copy of
the letter to the Borough Clerk listing the improvements and costs
thereof to be covered by a performance guarantee.
(d)
All items and amounts required for the corporate surety maintenance
guarantee.
(e)
That the final plat conforms to the preliminary plat as submitted
and approved.
2.
Board of Health. Letters from the Borough Board of Health and appropriate
Municipal Utilities Authority approving the proposed individual sewage
disposal facility and individual water supply systems.
3.
Tax Collector. That all taxes have been paid to date on the property.
4.
Clerk.
(a)
A letter from the Borough Clerk indicating that the amount,
form and content of the performance guarantee has been accepted by
the Governing Body and that a developer's agreement has been properly
executed.
(b)
A letter from the Borough Clerk, where appropriate, pursuant to subsection 21-3.6c of this chapter that moneys as provided therein have been paid the Borough as reimbursal for construction inspection costs incurred since preliminary approval.
(c)
That deeds have been received, free and clear of all mortgages
and encumbrances, for land or improvements to be turned over to the
Borough.
(d)
A letter indicating that a maintenance agreement for all completed
and accepted improvements has been posted and accepted.
5.
Water Supplier and Utilities Authority. The applicant shall submit
current letters from the water supplier and appropriate utilities
authority updating the information required in subsection 21-5.3.f.,3
and f.,5.
c.
Distribution. Copies of the final plat shall be distributed to the
following:
d.
Review. No action shall be taken until such time as the above officials
review the plat or 30 days has elapsed from date of referral.
e.
Time Limitation. The Planning Board shall act within 45 days of submission
of a completed application at a regular meeting, or within such further
time as may be mutually agreed upon. If the Planning Board approves
the final plat, a notation to that effect shall be made on each plat
and signed by the Chairman and Secretary of the Planning Board.
Failure of the Planning Board to act within the allotted time
or a mutually agreed-upon extension shall be deemed to be favorable
approval, and the Borough Clerk shall issue a certificate to that
effect.
f.
County Planning Board. Any plat which requires County Planning Board
approval pursuant to N.J.S.A. 40:27-6.2 shall be forwarded to the
County Planning Board for its action. The Planning Board may grant
final approval subject to approval by the County Planning Board.
g.
Filing. The final plat 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 that period,
the approval shall expire. For good cause shown, the Planning Board
may extend the period for filing for an additional period not to exceed
190 days from the date of signing of the plat.
No plat shall be accepted for filing by the Clerk of the County
of Morris unless it has been duly approved by the Borough of Victory
Gardens Planning Board and signed by its Chairman and Secretary.
h.
Effect of Final Approval. The granting of final approval shall confer
upon the applicant that the zoning requirements applicable to the
preliminary approval first granted and all other rights conferred
upon the developer, whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval;
provided, however, that these rights shall expire if the plat has
not been duly recorded within the prescribed time period.
i.
Extensions.
1.
If the developer has followed the standards prescribed for final
approval and has duly recorded the plat as required by this chapter,
the Planning Board may extend such period of protection for extensions
of one year, but not to exceed three extensions. Notwithstanding any
other provisions of this chapter, the granting of final approval terminates
the time period of preliminary approval for the section granted final
approval.
[1982 Code § 15-6.1]
All maps, plats and sketch plats required to be submitted by
this chapter shall conform to one of the following size configurations:
15 by 21 inches; 24 by 36 inches; or 30 by 42 inches.
[1982 Code § 15-6.2]
All plats shall be based on accurate information at a scale
of not more than one inch equals 100 feet and shall show or include
the following information, except that the Planning Board may waive
any requirement or request additional information where, in its judgment,
it is necessary to the particular application.
a.
Location and Key Map. The entire tract to be subdivided, giving the
accurate location of all existing and proposed property and street
lines, and including a key map at a scale of one inch equals 1,000
feet showing the entire subdivision including proposed street layouts
and its relation to all features shown on the Official Map and/or
Master Plan and located within 1/2 mile of the extreme limits of the
subdivision, and the zoning classification of the proposed subdivision
and of adjacent land.
b.
Structures, Wooded Areas and Topography. The location of existing
houses, buildings and other structures, with accurate dimensions from
all existing and proposed lot lines, wooded areas and isolated trees
more than 10 inches in diameter and topography within the portion
to be subdivided and within 200 feet thereof at ten-foot contours.
c.
Owners. The name of the owner, all adjoining property owners and
those across existing or proposed streets as disclosed by the most
recent municipal tax records.
d.
Identity. The tax map sheet, date of revision, block and lot numbers
and zone district.
e.
Streets, Easements, Watercourse, Rights-of-Way. The location of existing
and/or proposed streets, roads, easements public rights-of-way, streams,
bridges, culverts drainage ditches and natural watercourses in and
within 200 feet of the subdivision.
f.
Lots. The original and proposed lot layout, lot dimensions, all required
setback lines and lot area of each lot in square feet and acreage.
Lots shall be designated by letters for minor subdivisions and by
consecutive numbers for major subdivisions until given official lot
number designations by the Borough.
g.
Other Information. A statement that applicant intends to submit a
full development impact statement or statement setting forth specific
reasons why applicant requests a waiver of all or part of the requirements
for a development impact statement.
[1982 Code § 15-6.3]
a.
If the sketch plat is being submitted for minor subdivision approval, it shall contain the information required under subsection 21-6.2 and shall be a certified survey map drawn by a licensed New Jersey land surveyor. The plat shall provide for endorsement by the Chairman and Secretary of the Planning Board. If the plat is to be filed in accordance with subsection 21-5.2d it shall meet the requirements of the Map Filing Act.
b.
Where there is a question of the suitability of a lot or lots for
their intended use due to factors such as rock formations, soil conditions,
steep slopes, streams, watercourses, flood conditions, high water
table and/or other environmentally sensitive factors, the Planning
Board may require the applicant to submit information satisfactory
to the Planning Board on any or all of the above factors.
Upon receipt and review of the above information, the Planning
Board shall have the right to grant approval conditional on one or
both of the following:
[1982 Code § 15-6.4]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be drawn by a licensed New Jersey professional engineer or land surveyor. Contour maps and preliminary construction plans including road profiles and utility plans shall be submitted as part of the preliminary plat. Separate maps may be required by the Board for topography, utilities, and road details. A soil erosion and sedimentation control plan and a grading plat of at least one inch equals 50 feet shall be included. The grading plan shall show the existing as well as the proposed contours. The plan shall be designed in compliance with the provisions of subsection 21-5.3 and this section and shall show or be accompanied by the following information.
a.
Location and Key Map. The entire tract to be subdivided, giving the
accurate location of all existing and proposed property and street
lines, and including a key map at a scale where one inch equals 1,000
feet showing the entire subdivision, including proposed street and
lot layouts, and its relation to all features shown on the official
map and master plan and located within 1/2 mile of the extreme limits
of the subdivision, the zoning classification of the proposed subdivision
and of adjacent land.
b.
Proposed Lots. Lot layout, lot dimensions, all required setback lines,
and individual lot areas in square feet and acreage. Lots shall be
designated by consecutive letters until given an official lot number
designation by the Borough.
c.
Other Contents. The tract name, tax map sheet and date of revision,
block and lot numbers, date of plat preparation, reference meridian,
scale, graphic scale and the following names and addresses:
d.
Acreage. Acreage of tract to be subdivided to nearest hundredth of
an acre. Acreage of streets and/or public areas to be dedicated to
the Borough and/or other public agencies in square feet and acreage.
e.
Elevations; Contours. Sufficient elevations and contours at five-foot
vertical intervals for slopes averaging 10% or greater and at two-foot
vertical intervals for land of lesser slope to determine the general
slope and natural drainage of the land and the high and low points
for a distance of 200 feet around the entire tract boundary.
f.
Existing and Proposed Locations. The location of existing and proposed
property lines, streets, buildings, watercourses, railroads, bridges,
culverts, drainpipes, sanitary sewers, water mains, gas mains, power
lines, and any natural features such as wooded areas, large trees
over 10 inches in diameter and rock formations. This data shall be
determined by field and/or photogrammetric survey.
g.
Streets. Preliminary plans and profiles at a scale of not more than
one inch equals 50 feet horizontally and one inch equals five feet
vertically including cross-sections every 50 feet or as specified
by the Borough Engineer of all proposed streets, curbs and gutters
within the subdivision and proposed connection with existing or future
continuing streets. The distances and radii of all curves along all
street lines shall be shown.
All topographic surveys and profiles shall be based on the United
States and Geodetic Datum and the developer's engineer shall so certify
the plans submitted. Plans shall indicate a minimum of two permanent
benchmarks with location and elevation of same.
h.
Utilities. Preliminary plans and profiles of proposed utility layouts
shall be at a scale of not more than one inch equals 50 feet horizontally
and one inch equals five feet vertically (water, gas, storm and sanitary
sewers, telephone and electricity) showing connections to existing
or proposed utility systems.
i.
Sewers, Drains, Ditches. Preliminary plans and profiles at a scale
of one inch equals 50 feet horizontally and one inch equals five feet
vertically of all proposed and existing sanitary sewers, storm drains,
drainage ditches and streams within the subdivision, together with
the locations, sizes, elevations, grades and capacities of any existing
sanitary sewer, storm drain, drainage ditch or stream or watercourse
to which the proposed facility shall be connected. When brook or stream
channel improvements are proposed or required, the plans for such
improvement shall be approved by the State Department of Environmental
Protection or the Morris County Planning Board, where applicable.
j.
Private Sewage Disposal. Plans for a typical individual or package
sewage disposal system where same is proposed. These plans shall be
approved by the appropriate local and/or State agency.
k.
Off-Tract Improvements. When the development of the subdivision or
improvements within the subdivision are contingent upon improvements
outside the boundaries of the subdivision, information shall be supplied
by the subdivider prior to Planning Board consideration for preliminary
approval that the improvements outside the subdivision are installed
and will be available to the subdivider.
l.
Setback Lines. All front, rear and side yard lines shall be shown
for all lots.
m.
Deed Restrictions. A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
n.
Open Space. Any open spaces proposed to be dedicated for public use
or playgrounds or other public purpose and the location and use of
all such property shall be shown on the plat.
o.
Support Capability. When deemed necessary to determine the suitability
of the soil to support new construction, the Planning Board shall
require test holes or borings to be made by a New Jersey licensed
engineer or an approved testing laboratory at the expense of the subdivider
under the direction of the Borough Engineer.
p.
Development Impact Statement. Full or partial development impact
statement, as required by the Planning Board.
q.
Site Grading and Drainage Plan. Site grading and drainage plan shall
be required by the Planning Board in order to provide more suitable
sites for building and other uses, to improve drainage and to control
erosion and sedimentation. The following requirements shall be met:
1.
All lots, tracts, parcels and land in major subdivisions shall be
graded to provide proper drainage away from the buildings and improvements.
No ponding of surface water shall be permitted, except where approved
by the Planning Board.
2.
The site grading and drainage plan shall include the following note
and shall show existing and proposed contours necessary to accomplish
the following:
All lots shall be graded to drain away from the building(s)
on said lot. The grading shall have a minimum slope of 2% away from
the building and shall extend for the distance as required to provide
a minimum drop of one foot in elevation from the ground adjacent to
the building.
Where the ground beyond the limits of the above grading rises
in elevation, the grading shall include a swale parallel to the building.
Said swale shall have a minimum slope of 1%.
3.
All drainage provisions shall be of such a design so as to adequately
handle the surface runoff and carry it to the nearest suitable outlet
such as a curbed street, storm drain or watercourse. Where drainage
swales are used to divert surface waters away from buildings, they
shall be sodded or planted or otherwise controlled as required. The
slope, shape and capacity of such drainage swales shall conform to
good engineering practice and principles.
4.
Concentration of surface water runoff shall only be permitted in
swales, ditches, storm sewers or watercourses unless otherwise approved
by the Planning Board and only in accordance with paragraph r.1, above.
r.
Separate Performance Guarantees Required.
1.
Soil Erosion and Sedimentation Control.
(a)
Prior to the start of any major subdivision construction, including
but not limited to clearing or grading, a separate cash performance
guarantee for soil erosion and sedimentation control shall be posted
in the amount of $100 per lot. In the event of noncompliance with
the provisions of this chapter and/or the approved soil erosion and
sedimentation control plan, the Borough may issue a written notice
to the developer. After 72 hours have elapsed from the receipt of
the notice, the Borough shall have the option to take corrective actions
and charge the cost of corrective actions against the cash performance
guarantee.
(b)
In the event that the charges exceed the amount of the cash
performance guarantee, the deficit shall be paid by the developer
within 60 days. Upon acceptance of the subdivision improvements by
the Borough, the remaining cash performance guarantee balance shall
be returned to the developer.
2.
Lot Improvements. Whereas the sidewalks, driveway aprons and/or lot
grading are normally required to be completed prior to the issuance
of a certificate of occupancy, it is recognized that weather conditions
could prevent their timely completion. Under such conditions, a separate
cash performance guarantee shall be posted prior to the issuance of
a certificate of occupancy in accordance with the following:
(a)
The cash performance guarantee for the lot grading shall be
in the amount approved by the Borough.
(b)
The cash performance guarantee shall be accompanied by a statement
by the developer listing the completion date for the lot grading and/or
other incomplete improvements.
(c)
The cash performance guarantee shall be further accompanied
by a statement from the prospective purchaser, acknowledging the incomplete
improvements and releasing the Borough from all responsibility for
the incomplete improvements and for the amount of cash performance
guarantee.
[1982 Code § 15-6.5]
The final plat and all final plans and profiles of improvements
and other original exhibits shall be filed with the Planning Board
Clerk at least two weeks prior to the regular meeting of the Planning
Board when the plat is to be considered. The plat shall be drawn in
compliance with the provisions of the State Map Filing Act. The final
plat shall show or be accompanied by the following:
a.
Identification. Date, name and key map of the subdivision, name of
owner, scale, graphic scale and reference meridian. The final plat
shall be drawn at a scale of not more than one inch equals 100 feet.
b.
Other Contents. Tract boundary lines, rights-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 with accurate dimensions,
bearings, distances, arc lengths, central angles, tangents and radii
of all curves and areas of each lot and areas to be dedicated to public
use in square feet.
c.
Public Use. The purpose of any easement or land reserved or dedicated
for public use shall be indicated and the proposed use of sites other
than residential shall be noted.
d.
Block and Lots. All block, lot and house numbers shall be approved
by the Borough Engineer and the Tax Assessor and shall be related
to existing block and lot numbers as shown on the Official Tax Map
of the Borough.
e.
Monuments. Location and description of all monuments shall be shown.
f.
Consent of Owner. Certification that the applicant is agent or owner
of the land, or that the owner has given consent to file the map.
g.
Approval. When approval of a plat is required by any officer or body,
whether municipal, County or State, approval shall be certified on
the plat.
h.
Certifications. The following certifications shall appear on the
final plat:
1.
I hereby certify that this map and the survey have been made under
my immediate supervision and comply with the provisions of the Map
Filing Law. (Include the following, if applicable:)
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I do further certify that the monuments as designated and shown
hereon have been set.
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Licensed Land Surveyor
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(Affix Seal)
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Date:
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(If monuments are to be set at a later date, the following endorsements
shown on the map.)
| |
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I certify that a bond has been given to the Borough of Victory
Gardens guaranteeing the future setting of the monuments shown on
this map and so designate.
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Borough Clerk
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Date:
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2.
I hereby certify that all of the requirements of the Borough of Victory
Gardens Board of Health have been complied with.
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Health Officer
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Date:
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3.
I hereby certify that all of the requirements of the Municipal Utilities
Authority have been complied with.
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Chairman
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Date:
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4.
I have carefully examined this map and find it conforms with the
provisions of the Map Filing Law and the municipal ordinances and
requirements applicable thereto.
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Municipal Engineer
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(Affix Seal)
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Date:
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5.
This application No. _____ is approved by the Borough of Victory
Gardens Planning Board as a major subdivision.
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Chairman
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Date:
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Secretary
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Date:
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i.
Affidavit. An affidavit signed and sworn to by the applicant that
the final plat is drawn and presented exactly the same as the preliminary
plat approved by the Planning Board, and if there be any changes,
all changes shall be set forth in the affidavit as exceptions to the
general statement. The affidavit shall be submitted in an original
and two copies.
[1982 Code § 15-7.1]
a.
Prior to the granting of final approval, the subdivider shall have
installed improvements required by the Planning Board or have posted
a performance guarantee or surety sufficient to cover the costs of
the improvements. The Planning Board may solicit local, County, State,
Federal, public or semipublic agencies and knowledgeable individuals
on what improvements shall be required. Improvements recommended by
other agencies, such as a utilities authority or County, State or
other governmental agencies, may be required by the Planning Board
as a condition of final approval.
b.
The following construction standards and improvements are necessary to protect the health, safety, welfare and convenience of the residents and public as well as needed to meet local, County, regional, State and National goals and objectives. It is recognized, however, that in peculiar situations, all of the improvements listed below may not be appropriate or needed. These items may then be waived in accordance with subsection 21-10.2.
[1982 Code § 15-7.2]
a.
Borough Standards. All standards and specifications of the Borough
as now or hereafter adopted shall govern the design, construction
and installation of all improvements. Failure of the subdivider, developer,
his contractor or agent to conform to the specifications shall be
just cause for the suspension of the work being performed. No subdivider
shall have the right to demand or claim damages from the Borough,
its officers, agents, or servants by reason of suspension.
b.
Other Standards.
1.
In the event that the Borough has not adopted standards for a specific
type of improvement, then generally accepted engineering standards
as set forth in engineering and construction manuals, as may be approved
and modified by the Borough Engineer for a specific situation, shall
be used.
2.
Gas, electric, telephone and similar utilities shall be installed
in accordance with applicable County, State and Federal requirements.
c.
Grades. All construction stakes and grades shall be set by a licensed
land surveyor in the employ of the subdivider, developer or contractor.
One copy of all cut sheets shall be filed with the Borough Engineer
prior to the commencement of any construction.
d.
Inspection. Prior to the start of the construction or installation
of such improvements, the subdivider shall advise the Borough Engineer
48 hours prior to the commencement of such work. No underground installation
shall be covered until inspected and approved by the appropriate official.
If during installation of any of the required improvements the subdivider
fails to meet specification requirements or to correct unacceptable
work, the subdivider shall be notified in writing by certified mail,
return receipt requested, that the subdivider has failed to comply
with specifications or to correct unacceptable work properly, and
the notice shall set forth in detail what has not been properly installed.
If within 10 days after certified date of receipt of such notice the
subdivider has failed to perform in accordance with the notice, the
Borough shall then cause the notice of failure to comply to be served
upon the subdivider, and a copy shall be sent to the Governing Body
and Planning Board for appropriate action.
[1982 Code § 15-7.3]
a.
Site Conditions. During construction the site shall be maintained
and left each day in a safe and sanitary manner, and any condition
which could lead to personal injury or property damage shall be immediately
corrected by the subdivider.
b.
Disposal of Dead Trees, Litter, Building Materials. Developed areas
shall be cleared of all stumps, litter, rubbish, brush, weeds, dead
and dying trees, roots and debris, and excess of scrap building materials
shall be removed or destroyed immediately upon the request of and
to the satisfaction of, the Construction Official prior to issuing
an occupancy permit.
c.
Earth Removal. No part of the top layer of soil shall be removed
from the site or used as spoil unless approved by the Borough Council.
At least six inches of such soil shall be provided with 25 feet of
the structure and appropriately landscaped. All non-hard-surfaced
areas of the lot or those portions without structures shall be stabilized
by seeding or planting to prevent soil erosion. Areas where vegetation
has been removed or the surface has been disturbed and which constitute
a potential soil erosion problem shall be appropriately stabilized
to the satisfaction of the Borough Engineer and Construction Official.
d.
Changes in Elevation.
1.
No change shall be made in the elevation or contour of any lot or
site by the removal of earth to another lot or site other than as
shown on an approved preliminary plat.
2.
Minimal changes in elevations or contours necessitated by field conditions
may be made only after approval by the Borough Engineer. All changes
necessitated by field conditions shall be shown on the final plat
and indicated as a change from the preliminary, or if final approval
has been granted, such changes shall be shown on the as-built plans.
e.
Temporary Improvements. During construction the Borough Engineer
may require the installation or construction of improvements to prevent
or correct temporary conditions on the site which could cause personal
injury, damage to property or constitute a health hazard. These conditions
may result from erosion and landslide, flooding, heavy construction
traffic, creation of steep grades and pollution. Improvements may
include grading, plantings, retaining walls, culverts, pipes, guardrails,
temporary roads and others appropriate to the specific condition.
[1982 Code § 15-7.4]
a.
Surface Water Management. Prior to preliminary approval, the applicant shall submit to the Planning Board a stormwater management plan consistent with the standards set forth within subsection 21-6.4i which shall contain:
1.
Location, description and quantification of significant natural and
manmade features on and within 200 feet of the site boundaries, including
topography, all impervious surfaces and soil and drainage characteristics,
with particular attention to the location and description of presently
existing surface water runoff control devices, mechanisms or areas,
swamps, floodplains, swales, woods and vegetation, steep slopes and
other features critical to the purposes of this chapter.
2.
Size of nearest culvert or bridge downstream of discharge area, profiles
and cross section of stream channel upstream of that structure as
well as profiles and cross sections of stream channel at all points
from the site, as required by the Borough Engineer.
3.
Location, description and quantification of proposed changes to the
site, whether of a permanent or temporary nature, with particular
attention to impervious surfaces and interception of presently dispersed
flow which may have an impact upon the capacity of the soil, vegetative
cover and drainageways to absorb, retard, contain or control surface
water runoff.
4.
Designation of critical or other areas to be left undisturbed shall
be shown in sufficient detail to be accurately marked on the land.
6.
Proposed measures for surface water management.
7.
A schedule for the sequence of installation of the surface water
management plan, related to the starting and completion dates of the
project.
8.
Proposed maintenance schedule for all surface water management structures
stipulating current maintenance, continued maintenance and responsibility
for same.
9.
All proposed revisions of required data as well as such additional
data as the Planning Board may require.
b.
Sanitary Sewage Disposal.
1.
Provisions shall be made to convey sanitary waste from each lot through
laterals and interceptors of sufficient size, material and capacity
to collectors and then to trunk sewers to public treatment facilities.
c.
Water.
1.
Provision shall be made to provide each lot with an adequate and
continuous supply of potable water.
2.
A water system shall include all or part of the following: pipes
and necessary appurtenances of sufficient size, material and capacity,
pumps, valves, pumping stations, standpipes and fire hydrants.
3.
Fire hydrants shall be of a design and type approved by the Borough
and shall be installed in accordance with Borough requirements.
d.
Private Utilities. Gas lines, telephone lines, electrical service,
cable television and similar utilities shall consist of those improvements
and proper installation of same required by the applicable municipal,
Federal or State law or public utility regulations.
e.
Vehicular and Pedestrian Improvements. Such improvements shall include
all or part of the following: street paving, curbs, gutters, concrete
sidewalks, bituminous concrete driveway aprons, streetlighting, traffic
signs, traffic control devices and guardrails and other street improvements.
2.
Street Signs. The design and location of all street signs shall be
approved by the Planning Board. The name of all new streets shall
be approved by the Governing Body or its designee.
3.
Sidewalks and Driveways. Sidewalks, where required, and driveways shall be constructed in accordance with subsection 21-15.2a.,1(e)(5) and section 21-15.2f of the Revised General Ordinances.
4.
Traffic Signs and Control Devices. These improvements, such as stop,
yield and one-way signs, etc., shall be designed and installed in
accordance with applicable Federal, State and County regulations.
Recommendation as to their installation shall be reviewed by the Borough
Engineer.
f.
Natural Improvements. These improvements shall include all or some
of the following: shade trees, topsoil, earth removal, borrow and
fill, improvements to prevent erosion and landslides, improvements
to prevent damage to adjacent property, to protect vistas and existing
natural growth. All such improvements shall be installed within one
year of the issuance of any certificate of occupancy.
g.
Shade Trees. The standards for shade trees and for the installation
thereof shall be as follows:
1.
All trees must be nursery-grown.
2.
Trees are to be balled and burlaped, well branched and with a good
root system.
3.
Trees are to have straight trunks.
4.
Trees must be true to name.
5.
Backfill should consist of 50% humus for each tree.
6.
All trees are to be generously and thoroughly watered at time of
planting.
7.
Trees will be properly pruned at time of planting.
8.
All excess debris and soil is to be removed from the planting site.
No soil is to be piled around the base of tree.
9.
Trees are to be guaranteed for a period of two years from date of
planting.
10.
Each tree will be staked approximately five feet from the ground
with two stakes two inches by six feet long. Trees will be wired to
stakes passing through a rubber hose where attached to tree.
11.
All trees shall be two to three inches caliper measured six inches
above ground.
12.
Trees are to be planted in the Borough right-of-way either on the
curb or lawn side of sidewalk, whichever is greater.
13.
Trees are to be planted 30 feet to 50 feet apart as required by Planning
Board.
h.
Monuments. Monuments shall be of such size and shape and properly
located as required by the Map Filing Law.
[1982 Code § 15-7.5]
a.
Performance Guarantee Required.
1.
No final plat shall be approved by the Board until an agreement is
entered into between the developer and the Borough incorporating all
of the terms and conditions of all approvals granted by the Planning
Board. No final plat shall be approved by the Board until the completion
of all such required improvements has been certified in writing to
the Board by the Borough Engineer unless the subdivider shall have
filed with the Borough a performance guarantee in an amount not to
exceed 120% of the cost of installation of such improvements or incomplete
portions thereof as estimated by the Borough Engineer and assuring
the installation of such incomplete improvements on or before an agreed
date in accordance with the time set forth in paragraph c., below.
2.
Snow Removal. Each developer shall be responsible for snow removal
in major subdivisions until the roads are accepted by the Borough.
Each developer shall be required to post a separate cash performance
guarantee for snow removal in the amount of $50 per hundred linear
feet of road. In the event of failure of the developer to satisfactorily
provide snow removal within 12 hours of the receipt of a written or
oral notice, the Borough shall have the option to take the necessary
actions and charge the cost of snow removal against the cash performance
guarantee. The cost of snow removal is hereby defined to include the
cost of the personnel, equipment and/or material for plowing of roads
and/or spreading of salt/sand. In the event that the charges exceed
the amount of the cash performance guarantee, the deficit shall be
paid by the developer within 60 days. Upon acceptance of the subdivision
improvements by the Borough, the remaining cash performance guarantee
balance shall be returned to the developer.
3.
Soil Erosion and Sedimentation Control.
(a)
Prior to the start of any major subdivision construction, including
but not limited to clearing or grading, a separate cash performance
guarantee for soil erosion and sedimentation control shall be posted
in the amount of $100 per lot. In the event of noncompliance with
the provisions of this chapter and/or the approved soil erosion and
sedimentation control plan, the Borough will issue a written notice
to the developer. After 72 hours have elapsed from the receipt of
the notice, the Borough shall have the option to take corrective actions
and charge the cost of corrective actions against the cash performance
guarantee.
(b)
In the event that the charges exceed the amount of the cash
performance guarantee, the deficit shall be paid by the developer
within 60 days. Upon acceptance of the subdivision improvements by
the Borough, the remaining cash performance guarantee balance shall
be returned to the developer.
b.
Type of Guarantee. At least 10% of the performance guarantee shall
be in the form of cash to be deposited with the Borough. Such cash
shall be deposited to the credit of the Borough of Victory Gardens
and may be usable at any point by the Borough for the nonperformance
of the subdivider, and any interest earned by the Borough on the cash
deposit shall inure to the benefit of the subdivider. The remaining
portion of the performance guarantee shall be issued by a bonding
or surety company authorized to do business in the State of New Jersey
as approved by the Borough Attorney.
c.
Time of Guarantee. Performance guarantees shall run for a term not
to exceed 24 months. Performance guarantees with the consent of the
principal and surety, if there is a surety, may be extended by the
Governing Body by resolution for an additional period not to exceed
18 months.
d.
Borough Completion. If the required improvements have not been installed
in accordance with the required standards and specifications of the
Borough within the time limit or extension thereof as described in
paragraph c above, and the requirements of the performance guarantees,
the obligor and surety shall be liable thereon to the Borough for
all reasonable costs of the improvements not installed, and upon receipt
of the proceeds thereof, the Borough shall install such improvements
and/or the Borough may use such portions of the performance guarantees
as have been deposited in cash with the Clerk to assure the completion
of said improvements in accordance with the terms of this chapter
and any applicable agreement.
e.
Items Required Prior to Acceptance of Performance Bond. The following
items shall be submitted to the Borough Council before acceptance
of any performance bond:
1.
Letter from the Borough Engineer. Letter from the Borough Engineer
stating that the proposed bond covers all the items required by the
Planning Board.
2.
List of Items. A list of the items to be covered and the total cost
thereof.
3.
Borough Attorney's Approval. Approval by the Borough Attorney of
the performance guarantee as to form and amount including amount in
cash.
4.
Conformance with Borough Ordinances. A letter from the Borough Engineer
stating that all plans and specifications meet all applicable Borough
ordinances.
5.
Letter to Board. After approval and acceptance of the performance
guarantee by the Borough Council, a letter stating that fact shall
be sent to the Planning Board before the Planning Board shall sign
the final plats for filing with the County.
6.
Items Required by the Borough Council Before Releasing the Performance
Bond or Any Part Thereof. The procedures established in the Municipal
Land Use Law, Article 6, paragraph 2b, shall govern the release of
performance bonds. Before releasing any guarantees or portions thereof,
the following items shall be submitted to the Borough Council:
(a)
Recommendation. A recommendation by the Borough Engineer that
the bonds be reduced or released.
(b)
As-Built Plans. An as-built plan and profiles of all utilities
and roads with a certification as to the actual construction, the
same to be approved by the Borough Engineer. One copy of each shall
be sent to the Clerk and a mylar or similar copy to the Borough Engineer.
(c)
Liens. An affidavit from the developer that there are no liens
or other legal encumbrances on any of the improvements or utilities
proposed to be deeded to the Borough.
(d)
Approval of Installation. A written statement from the Borough
Engineer that all utilities and improvements required by the Planning
Board have been installed and completed in accordance with applicable
Borough ordinances and builders agreement with the Borough.
(f)
Deeds. Deeds, free and clear of all encumbrances, for all streets,
public easements, drainage and conservation easements, other lands
dedicated to public use and any improvements to be dedicated or deeded
to the Borough or other public agency.
(g)
Letter From Clerk. After the release of the bond, or any part
thereof, a statement to that effect shall be sent to the Planning
Board by the Borough Clerk.
[1982 Code § 15-7.6]
All improvements required by the Planning Board shall, before
being accepted by the Borough, be covered by a maintenance bond running
in favor of the Borough of Victory Gardens in the amount of 15% of
the estimated cost of the improvements as estimated by the Borough
Engineer. The maintenance bond shall run for a period of two years
and provide for the proper repair and/or replacement of any such improvements
during that period. The two-year period shall be from the date of
acceptance of the improvements by the Borough, and no performance
guarantee shall be released by the Borough until such time as the
maintenance bond herein required has been posted with the Borough.
[1982 Code § 15-7.7]
a.
The Borough Council shall not accept any road or other improvement
into the municipal road system or for municipal ownership until the
maintenance bond has been posted and all deficiencies are corrected
or repaired. Each developer shall be responsible for snow removal
in major subdivisions until the roads are accepted by the Borough
in accordance with subsection 21-7.5a., 2.
b.
The Borough Council need not accept any roads or other improvements
if the roads or other improvements will be used by the developer to
complete other portions of the subdivision.
Former subsection 21-7.8, Fees, previously codified herein and
containing portions of 1982 Code § 15-7.8, was repealed
in its entirety by Ordinance 2/14/06.
[1982 Code § 15-7.9]
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Borough for such utilities or improvements.
[1982 Code § 15-8.1]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof. All design standards shall comply with State requirements
for improvements for the handicapped.
a.
Development Pattern. The subdivision plat shall conform to design
standards that will encourage the most appropriate development pattern
within the Borough.
[1982 Code § 15-8.2]
a.
General. The arrangement of streets now shown on the Master Plan
or Official Map shall be such as to provide for the appropriate extension
of existing streets and, where necessary in order to promote the orderly
flow of traffic and for the safety, welfare and convenience of the
public, shall be such as to provide for the appropriate extensions
to adjoining properties.
b.
Right-of-Way and Pavement Widths. The right-of-way and pavement widths
shall be measured from abutting lot line to abutting lot line and
shall not be less than the following:
1.
Primary or Arterial Roads. Right-of-way width, 80 feet; pavement
width, 50 feet.
2.
Major Streets. Right-of-way width, 60 feet; pavement width, 30 feet.
3.
Minor Streets. Right-of-way width, 30 feet; pavement width, 24 feet.
4.
Cul-de-Sac or Dead-End Turnarounds. Cul-de-sac or dead-end turnarounds
shall have a minimum radius of 40 feet on the curb.
5.
Internal Roads. The right-of-way and pavement widths for internal
roads in multifamily, commercial and industrial developments and zones
shall be determined by the Planning Board on an individual basis and
shall in all cases be of sufficient width and design to safely accommodate
the maximum traffic, parking, loading and access for emergency equipment,
but in no case shall the pavement be less than the 24 feet in width
for two-way traffic.
[1982 Code § 15-8.3]
a.
Subdivisions that include existing streets which do not conform to
pavement and/or right-of-way widths as shown on the Master Plan or
Official Map shall dedicate and improve to Borough specifications
additional width from the center line of the road abutting the property
being subdivided. If the subdivision adjoins one side of an existing
road which does not meet standards, only 1/2 of the required extra
width shall be dedicated and improved to Borough specifications.
b.
When the Planning Board recommends to the Borough Council that in
the interests of traffic safety, health, convenience and good planning
a postponement of the installation or construction of a widened roadway
is desirable, the Borough Council may authorize such postponement
provided that the developer shall deposit with the Borough the cost
of the improvement in lieu of actually constructing or installing
same.
[1982 Code § 15-8.4]
a.
Grades. Grades of arterial and collector streets shall not exceed
6%. Grades on other streets shall not exceed 10%. No street shall
have a minimum grade of less than 1%.
b.
Intersections.
1.
Street intersections shall be laid out as nearly at right angles
as possible and in no case shall be less than 60°. The block corners
at intersections shall be rounded at the right-of-way line with a
twenty-five foot radius curve and at the curbline with a curve having
a radius of not less than 35 feet.
2.
All intersections shall have site easements and sight distances assuming
a thirty-five mile-per-hour design speed at intersections involving
only minor streets and a fifty mile-per-hour design speed for all
other intersections.
c.
Jogs. Street jogs with center line offsets of less than 125 feet
shall be prohibited.
d.
Reverse Curves. A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
e.
Connecting Streets. When connecting street lines deflect from each
other at any one point by more than 10° and not more than 45°
they shall be connected by a curve with a center-line radius of not
less than 300 feet for minor streets and 600 feet for arterial and
collector streets.
f.
Grade Changes. All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance assuming a thirty-five mile-per-hour design speed for
minor streets and a fifty mile-per-hour design speed for collector
streets and arterial roads.
g.
Names. Streets and subdivisions shall not have a name which will
duplicate or so nearly duplicate as to be confused with the names
of existing subdivisions and streets. The continuation of an existing
street shall have the same name. All subdivision and street names
shall be approved by the Planning Board. Subdivision names shall remain
exactly the same as the approved name for purposes of advertising
or for the sale of homes or lots within the subdivision. The approved
subdivision name shall be reflected on any real estate or advertising
sign that is erected.
[1982 Code § 15-8.5]
a.
General. Block length and width or acreage within bounding roads
shall be such as to accommodate the size of the lot required in the
area by Chapter 33, Zoning, and to provide adequately for sewage disposal,
convenient access, circulation, control and safety of street traffic.
b.
Pedestrian Crosswalks. In blocks over 1,000 feet long, public rights-of-way
through the blocks may be required in locations deemed necessary by
the Planning Board. Such rights-of-way shall be at least 10 feet wide
and may be improved by paving if so deemed by the Planning Board.
Block sizes for group housing, business or industrial use shall be
sufficient to meet all area and yard requirements for such use.
c.
Easements. Rights-of-way and easements within blocks in commercial,
business or industrial areas shall be not less than 30 feet in width.
[1982 Code § 15-8.6]
a.
General. Lot dimensions, front, side and rear yards and total area in square feet shall not be less than the requirements of Chapter 23, Zoning of the Revised General Ordinances of the Borough of Victory Gardens.
b.
Side Lines. Insofar as is practical, side lot lines shall be at right
angles to streets and radial to curved streets.
c.
Frontage. Each lot must front upon a street and the frontage shall not be less than required by Chapter 23, Zoning, as measured along the building setback line.
d.
Setbacks. Where land has been dedicated for a widening of existing
streets, lots shall begin at such new street lines as may have been
established, and all setbacks shall be measured from such line.
[1982 Code § 15-8.7]
a.
Utility Easements. In any major subdivision, or where unusual circumstances
warrant, as determined by the Planning Board, easements may be required
for utility installations. Such easements shall be at least 20 feet
wide and located after consultation with the utility companies or
Borough agencies concerned.
b.
Drainage and Conservation Easements. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream or where it is desirable
to preserve other areas within a subdivision because of soil conditions,
rock outcroppings, tree masses, wildlife habitat, vistas or other
significant horticultural, environmental or natural features, there
shall be provided a drainage and/or conservation easement of sufficient
area and width to protect and preserve the aforementioned features.
Such easements shall be deeded to the Borough prior to final subdivision
approval and carry the following limitations:
1.
No trees or shrubs shall be removed or destroyed on lands in the
easement except in accordance with approved forest management practices.
2.
No topsoil, sand, gravel or minerals shall be excavated or removed,
except as may be required to build a pond, and then only if the Borough
approves the design and structure of the pond, it being the intent
to preserve the natural function of the floodplain.
3.
No buildings of any description shall be erected.
4.
No fill of any kind shall be permitted, except as may be required
to build a road and then only after the Borough approves the design.
c.
Underground Utilities.
1.
In all subdivisions, all utility distribution lines or mains and
all services shall be installed underground. In all such subdivisions,
the applicant shall arrange with the serving utility for the underground
installation of the utilities distribution supply lines in accordance
with the provisions of the applicable standard terms and conditions
incorporated as part of its tariff, as the same are then on file with
the State of New Jersey Board of Public Utility Commissioners, and
shall submit to the Planning Board prior to the granting of final
approval a written instrument from each serving utility which shall
evidence full compliance with the provisions of this paragraph; except,
however, that lots which, in such subdivisions, abut existing streets
where overhead electric or telephone distribution supply lines have
heretofore been installed on any portion of the street involved 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.
2.
In any particular situation where the applicant can clearly demonstrate
that because of unusual topographic conditions or other unusual conditions
having to do with the land, the installation of such utilities underground
is impracticable or otherwise not feasible due to such conditions,
then the Planning Board, in its discretion, may waive the requirement
for underground installation.
3.
All underground utility work which will be under the pavement of
the street shall be laid sufficiently in advance to allow for complete
settlement of the trenches, and in no event shall construction work
be permitted over such excavation which, in the opinion of the Borough
Engineer, has not properly settled.
d.
Streetlights. Streetlights shall be installed at street intersections.
[1982 Code § 15-8.8]
Measures used to control erosion and reduce sedimentation shall,
as a minimum, meet the standards, specifications and recommendations
of the Morris County Soil Conservation District.
[1982 Code § 15-8.9; New]
If before final subdivision approval has been granted any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which Borough approval is required by ordinance, such person shall
be subject to a penalty not to exceed $1,250, and each lot disposition
so made shall be deemed a separate violation.
[1982 Code § 15-8.10]
In addition to the foregoing, the Borough may institute and
maintain a civil action:
a.
For injunctive relief; and
b.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued
in accordance with N.J.S.A. 40:55D-44.
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
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.
[1982 Code § 15-9.1]
[1982 Code § 15-9.2]
The purpose of Sections 21-9 through 21-13 inclusive is to establish rules, regulations, standards and procedures for approval of all development other than individual single or two-family dwellings in order to:
a.
Preserve existing natural resources and give proper consideration
to the physical constraints of the land.
b.
Provide for safe and efficient vehicular and pedestrian circulation.
c.
Provide for screening, landscaping, signing and lighting.
d.
Ensure efficient, safe and aesthetic land development.
e.
Provide for compliance with appropriate design standards to ensure
adequate light and air, proper building arrangements and minimum adverse
effect on surrounding property.
f.
Develop proper safeguards to minimize the impact on environment,
including but not limited to soil erosion and sedimentation and air
and water pollution.
g.
Ensure the provision of adequate water supply, drainage and stormwater
management, sanitary facilities and other utilities and services.
h.
Provide for recreation, open space and public use areas.
[1982 Code § 15-9.3]
a.
Planning Board. The provisions of these sections shall be administered
by the Planning Board of the Borough except as noted below:
[1982 Code §§ 15-10.1, 15-10.2; Ord. 9-24-86; Ord. 4/13/10]
a.
Prior to the subdivision or resubdivision of land and prior to the
issuance of a building permit or Certificate of Occupancy for any
development or use, an application shall be submitted to and approved
by the Planning Board in accordance with the requirements of this
chapter; except that subdivision or individual lot applications for
detached, single-family or attached two-family dwellings shall be
exempt from site plan review or approval.
b.
Except for detached one-family or attached two-family dwellings and
buildings and uses accessory thereto, site plan approval shall be
required for any new building, any addition to an existing building,
any off-street parking area or alteration of such parking area, any
change in use, ownership or tenancy of a building or any part thereof
and any change or modification in the exterior design or appearance
of a building. However, the Planning Board may, upon receipt of an
application, waive formal site plan review procedures and site plan
detail requirements and grant final approval to the application if
it determines that the proposed development meets the requirements
of this chapter and would not be subject to any improvements, and
further provided that the applicant submit information, by way of
map or written description, in sufficient detail to allow the Planning
Board to make an informed decision relative to waiver of site plan
procedures. The standard to be applied by the Planning Board in making
its decision shall be whether the proposed use or change of use changes,
alters or enlarges the previous use or will change, alter, enlarge
or affect drainage, traffic, parking, sidewalks, paving, landscaping,
fencing, sanitary disposal, safety, or other similar considerations.
[1982 Code § 15-10.2]
The Planning Board may waive the requirements of this chapter
if the proposed development:
a.
Secured previous site plan approval under the terms of this chapter;
b.
Involves normal maintenance or replacement in kind such as a new
roof, new siding or similar activity; or
c.
Does not significantly affect existing circulation, drainage, building
arrangements, landscaping, buffering, lighting and other considerations
of site plan review.
[1982 Code § 15-10.3]
In the event that during the period of approval heretofore or
hereafter granted to an application for site plan approval, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any State agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any State agency, political subdivision or court of
competent jurisdiction to protect the public health or welfare and
the developer is otherwise ready, willing and able to proceed with
said development, the running of the period of approval under this
chapter shall be suspended for the period of time said legal action
is pending or such directive or order is in effect.
[1982 Code § 15-10.4]
a.
In the event that a developer submits an application for site plan
approval proposing a development that is barred or prevented, directly
or indirectly, by a legal action instituted by any State agency, political
subdivision or other party to protect that public health and welfare
or by a directive or order issued by any State agency, political subdivision
or court of competent jurisdiction to protect the public health and
welfare, the Planning Board shall process such application in accordance
with this chapter, and if such application complies with all Borough
regulations, the Planning Board shall approve such application conditioned
on removal of such legal barrier to development.
b.
In the event that development proposed by an application for site
plan approval requires an approval by a governmental agency other
than the Planning Board, the Planning Board shall, in appropriate
instances, condition its approval upon the subsequent approval of
such governmental agency. The Planning Board shall make a decision
on any application for site plan approval within the time period provided
in this chapter or within an extension of such period as has been
agreed to by the applicant unless the Planning Board is prevented
or relieved from so acting by the operation of law.
[1982 Code § 15-10.5]
a.
If the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood control basins or
public areas within the proposed development, before approving a site
plan, the Planning Board may further require that such streets, way,
basins or areas be shown on the plan in locations and sizes suitable
to their intended uses. The Planning Board may reserve the location
and extent of such streets, ways, basins, or areas shown on the plan
for a period of one year after the approval of the final plan or within
such further time as may be agreed to by the developer. Unless during
such period or extension thereof the Borough shall have entered into
a contract to purchase or institute condemnation proceedings according
to law for the fee or a lesser interest in the land comprising such
streets, ways, basins or areas, the developer shall not be bound by
such reservations shown on the plan and may proceed to use such land
for private use in accordance with applicable development regulations.
The provisions of this section shall not apply to the streets and
roads, flood control basins or public drainageways necessitated by
the land development and required for final approval.
b.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instances, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation, provided that determination of such fair market
value shall include but not be limited to consideration of the real
property taxes apportioned to land reserved and prorated for the period
of reservation. The developer shall be compensated for the reasonable
increased cost of legal, engineering or other professional services
incurred with obtaining site plan approval caused by the reservation.
The procedure for the payment of all compensation payable under this
section shall be provided for in other ordinances.
[1982 Code § 15-10.6]
The Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plan shall include reference to the request
for such conditional use.
[1982 Code § 15-11.1]
Hearings shall be required as part of preliminary approval for
all site plans.
[1982 Code § 15-11.2]
A complete set of maps, documents and exhibits shall be on file
at least 10 days prior to the date of the hearing at the office of
the Planning Board.
[1982 Code § 15-11.3]
a.
When Required. A public notice shall be required for preliminary
approval of all major site plan applications and preliminary approval
of all minor site plan applications requiring a zoning variance to
be granted by the Planning Board.
b.
Contents of Notice. Notices shall state the date and place of the
hearing, the nature of the matters to be considered and an identification
of the property proposed for development by street address, if any,
and by reference to lot and block numbers as shown on the current
tax duplicate in the Borough Tax Assessor's office, and the location
and times at which any maps and documents for which approval is sought
are available.
c.
To Whom Notice is Required; How Served. The applicant shall be required
to give public notice as follows:
1.
By publication in the official newspaper of the Borough.
2.
To owners of all real property, as shown on the current tax duplicate
located within 200 feet in all directions of the property which is
the subject of such hearing.
3.
Notice shall be given by serving a copy thereof on the property owner
as shown on the current tax duplicate, or his agent in charge of the
property, or by mailing a copy thereof by certified mail to the property
owner at his address as shown on the current tax duplicate.
4.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
5.
Upon the written request of an applicant and payment of $10, the
Borough Clerk shall, within seven days, make and certify a list from
the current tax duplicate of the names and addresses of owners to
whom the applicant is required to give notice. The applicant shall
be entitled to rely upon the information contained in such list, and
failure to give notice to any owner not on the list shall not invalidate
any hearing or proceeding.
[1982 Code § 15-11.4]
a.
Adjoining Municipalities. Notice of all hearings on applications
for site plan approval involving property located within 200 feet
of an adjoining municipality shall be given by personal service or
certified mail to the Clerk of such municipality.
b.
County Road. Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
site plan approval of property adjacent to an existing County road
or proposed road shown on the Official County Map or on the County
Master Plan, adjoining other County land or situated within 200 feet
of a municipal boundary.
c.
State Highway. Notice shall be given by personal service or certified
mail to the Commission of Transportation of a hearing on an application
for site plan approval of property adjacent to a State highway.
[1982 Code § 15-11.5]
[1982 Code § 15-12.1]
a.
Filing and Referral. An applicant for site plan approval shall submit sufficient copies of all required exhibits as set forth in subsection 21-11.2, together with an application form and all fees, to the Clerk of the Planning Board. The Planning Board may also designate other local, County, State or other governmental officials or agencies to receive copies of any application for review and recommendation.
b.
Site Plan Review Advisory Board Action. The Planning Board shall
review the application within 30 days after receipt. In the event
that an application is found to be incomplete or in violation of any
applicable codes and ordinances, the applicant shall be notified within
30 days of submission by the Planning Board by certified mail as to
the items omitted or ordinances violated.
c.
Sketch Site Plan Review. Applicants shall be encouraged to submit
for review by the Planning Board sketch site plans for informal discussions
and recommendations. The sketch site plans shall be used as a basis
for changes and redesign and to avoid undue expense and delay in preparing
more detailed plans and specifications. The Planning Board shall not
be governed by any statutory time limits in its review of sketch site
plans.
[1982 Code § 15-12.2]
a.
Planning Board Action. Within 45 days of the submission to the Clerk
of the Planning Board of a complete site plan application for 10 acres
of land or less, or within 95 days of submission of a complete application
for a site plan of more than 10 acres, or within such further time
as may be agreed upon by the developer, the Planning Board shall act
upon the application. The Planning Board shall:
b.
Hearing. As provided in Section 21-11, all actions of the Planning Board on site plans shall be at a hearing. Public notice of application as provided in subsection 21-11.3 shall be required for all site plans in excess of 10 acres (major site plans). Applicants for minor site plans (less than 10 acres) requiring variances by the Planning Board shall also be required to provide public notice of application.
c.
Decision of Planning Board.
1.
A copy of the decision shall be mailed by the Planning Board within
10 days of the date of decision to the applicant and be filed in the
office of the Planning Board. Copies of such filed decision shall
be made available to any interested party for a reasonable fee and
available for public inspection at the Planning Board office during
reasonable hours.
2.
A brief notice of the decision shall be published by the Planning
Board in the official newspaper of the Borough. The period of time
in which an appeal of the decision may be made shall run from the
first publication of the decision.
d.
County Planning Board Approval. Any application requiring County
Planning Board approval shall be approved by the Victory Gardens Planning
Board subject to approval by the County Planning Board.
e.
Effect of Preliminary Approval. Preliminary approval of a site plan,
shall, except as provided in subsection paragraph f below, confer
upon the applicant the following rights for a three-year period from
the date of the preliminary approval:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and on-site and off tract improvements;
and any requirements peculiar to the specific site plan. The Borough
may modify such general terms and conditions of preliminary approval
as they may relate to public health and safety, provided that such
modifications are in accord with amendments adopted by ordinance subsequent
to approval.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary site plan.
f.
Extension of Preliminary Approval. The applicant may apply for and
the Planning Board may grant extensions on such preliminary approval
for additional periods of at least one year but not to exceed a total
extension of two years, provided that if the design standards have
been revised by ordinance, such revised standards may govern.
1.
The applicant may apply for thereafter and the Planning Board may
thereafter grant an extension to preliminary approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable taking into consideration the above items. (See subsection
21-17.1e for fees relating to the granting of an extension.)
g.
Variances. The Planning Board, when acting upon application 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 these provisions if the
literal enforcement of one or more provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
h.
Planning Board Review in Lieu of Board of Adjustment. The Planning
Board, when reviewing applications for site plans, shall have the
power to grant to the same extent and subject to the same restrictions
as the Board of Adjustment, variances from lot area, lot dimensions,
setback and yard requirements provided that relief, pursuant to this
subsection, from lot area requirements shall not be granted for more
than one lot. These variances shall be granted where, by reason of
exceptional narrowness, shallowness or shape of a specific piece of
property, or by reason of exceptional topographic conditions, or by
reason of other extraordinary and exceptional situation or condition
of such piece of property, the strict application of any zoning regulation
would result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the developer of such property.
The variance granted from such strict application of such regulation
shall relieve difficulties or hardship; provided, however, that no
variance shall be granted under this subsection to allow a structure
or use in a district restricted against such structure or use.
[1982 Code § 15-12.3]
a.
Planning Board Action. Within 45 days after submission of complete
site plan application, or within such further time as may be agreed
upon by the applicant, the Planning Board shall approve the application
for final site plan approval with or without conditions, provided
that the following requirements are met:
1.
That the detailed drawing and specifications meet all applicable
codes and ordinances.
2.
That the final plans are substantially the same as the approved preliminary
site plan.
3.
That all improvements have been installed or bonds posted to ensure
the installation of improvements.
4.
That the applicant agrees in writing to all conditions of final approval.
5.
That proof has been submitted that all taxes and assessments for
local improvements on the property have been paid.
b.
Hearing. Planning Board action shall take place at a hearing. No
public notice of application shall be required.
e.
Effect of Final Approval. Final approval shall terminate the time
period of preliminary approval for the section granted final approval
and shall guarantee the applicant that the zoning requirements applicable
to the preliminary approval and all other rights conferred upon the
applicant as part of preliminary approval shall not be changed for
a period of two years after the date of final approval.
f.
Time Limit for Final Approval and Extensions. Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval, and the protection offered under subsection 21-12.3e for one year. Up to three extensions may be granted.
1.
The developer may apply for thereafter, and the Planning Board may
thereafter grant an extension of final approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable taking into consideration the above items. (See subsection
21-17.1e for fees related to the granting of an extension.)
[1982 Code § 15-12.4]
The Planning Board may, as a condition of final approval:
a.
Grant final approval only for designated geographic sections of the
development;
b.
Grant final approval for certain work but require resubmission for
final approval for designated elements, such as but not limited to
landscaping, signs, street furniture, etc., and require approval of
these elements as a prerequisite for a certificate of occupancy or
zoning permit; or
c.
Condition the granting of a certificate of occupancy or zoning permit
subject to the applicant or developer or subsequent heirs or assignees
meeting certain requirements within a designated period of time, not
to exceed one year, from the date of issuance of the certificate of
occupancy or zoning permit. This may include, but is not limited to,
the installation of landscaping, erection of signs, installation of
improvements, revaluation of circulation patterns, revaluation of
lighting and similar items.
[Ord. 8/26/08 § 2]
The Planning Board may waive notice and public hearing for an
application for development if the Planning Board or Site Plan Subcommittee
of the Board appointed by the Chairman finds that the application
for development conforms to the definition of "minor site plan." Minor
site plan approval shall be deemed to be a final approval of the site
plan by the Board, provided that the Board or said Subcommittee may
condition such approval on terms ensuring the provisions of improvement
pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
a.
Minor site plan approval shall be granted or denied within 45 days
of the date of submission of a complete application to the administrative
officer, or within such further time as may be consented to by the
applicant.
b.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.6, the Municipal Planning Board
shall condition any approval that is grants upon timely receipt of
a favorable report on the application by the County Planning Board
by its failure to report thereon within the required time period.
c.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted, shall not be changed for a period of two years after the
date of minor site plan approval.
[1982 Code § 15-13.1]
The site plan shall be prepared by a New Jersey licensed professional
engineer, land surveyor, architect or professional planner at an appropriate
scale. The site plan shall be based on the latest Tax Map information
and shall be of a standard size as required by the Map Filing Act.
The site plan shall contain the following information:
a.
A key map of the site with reference to surrounding areas and existing
street locations.
b.
The name and address of the owner and site plan applicant, together
with the names of the owners of all contiguous land and of property
directly across the street as shown by the most recent tax records
of all municipalities in which such properties shall lie.
c.
Lot line dimensions.
d.
Location of all existing buildings and structures, streets, easements,
driveways, entrances and exits on the site and within 100 feet thereof.
e.
Proposed location and dimensions of proposed buildings and structures,
roads, driveways, parking areas, etc.
f.
Building setback, side line and rear yard distances.
g.
All existing physical features on the site and within 100 feet thereof,
including building site, and including but not limited to streams,
watercourses, soils, tree masses, isolated trees six inches or more
in diameter measured four and 5/10 feet from grade and significant
site conditions such as swamp or rock.
h.
Topography showing existing and proposed contours at five foot intervals
for slopes averaging 5% or greater, and at two foot intervals for
land of lesser slope. A reference benchmark shall be clearly designated.
i.
Parking, loading and unloading areas shall be indicated with dimensions,
traffic patterns, access aisles and curb radii.
j.
Improvements, such as roads, curbs, bumpers and sidewalks shall be
indicated with cross sections, design details and dimensions.
k.
Location and design of existing and proposed stormwater systems,
sanitary waste disposal systems, potable water supply and methods
of solid waste storage and disposal.
l.
Landscaping and buffering plan showing what will remain and what
will be planted, indicating names of plants, trees and dimensions,
approximate time of planting and maintenance plans.
m.
Lighting details indicating type of standards, location, radius of
light and intensity of footcandles.
n.
Location, dimensions and details of signs.
o.
The following legends shall be on the site plan map:
1.
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Site plan of
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Lot Block Zone
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Date Scale
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Applicant
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Address
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2.
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I consent to the filing of this site plan with the Planning
Board of the Borough of Victory Gardens.
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(Owner)
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(Date)
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3.
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I hereby certify that I have prepared this site plan and that
all dimensions and information are correct.
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(Name)
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(Title and License No.)
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4.
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I have reviewed this site plan and certify that it meets all
codes and ordinances under my jurisdiction.
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(Date)
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(Borough Engineer)
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5.
To be signed before issuance of a building permit:
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I hereby certify that all the required improvements have been
installed or a bond posted in compliance with all applicable codes
and ordinances.
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(If improvements installed)
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(Borough Engineer)
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(Date)
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(If bond posted)
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(Borough Clerk)
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(Date)
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Building permit issued
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(Date)
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6.
Approved by the Planning Board
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(Preliminary)
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(Final)
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(Chairman)
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(Date)
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[1982 Code § 15-13.2]
The Planning Board may require other information and data for
specific site plans. This data may include, but shall not be limited
to, geologic information, water yields, flood data, environmental
information, traffic counts, road capacities, market and socioeconomic
information and similar material.
[1982 Code § 15-13.3]
Information and documents required for other Borough codes and
ordinances such as environmental impact statements, soil erosion and
sedimentation plans and stormwater management plans shall be submitted
as part of the site plan application and may be used to comply with
site plan submission requirements where applicable.
[1982 Code § 15-13.4]
The Planning Board may waive submission of any required exhibits
in appropriate cases and for specific site plans in writing.
[1982 Code § 15-13.5]
Sketch site plans may be prepared by the applicant and contain
sufficient information for discussion by the Planning Board and applicant.
[1982 Code § 15-14.1]
a.
Circulation shall include pedestrian and vehicular traffic movement
within and adjacent to the site with particular emphasis on the provisions
and layout of parking areas, off-street loading and unloading and
movement of people, goods and vehicles. Circulation shall also include
bike and pedestrian paths where appropriate.
b.
The Planning Board shall ensure that all parking spaces are useable
and are safely and conveniently arranged. Access to the site from
adjacent roads shall be designed so as to interfere as little as possible
with traffic flow on these roads and to permit vehicles a rapid and
safe ingress and egress to the site.
c.
The circulation system shall also be designed to implement State
requirements for the handicapped. Separate pedestrian circulation
facilities shall be considered as indicated.
[1982 Code § 15-14.2]
The design and layout of buildings and parking areas shall be
reviewed so as to provide an aesthetically pleasing design and efficient
arrangement. Particular attention shall be given to safety and fire
protection, impact on surrounding development and contiguous and adjacent
buildings and lands.
[1982 Code § 15-14.3]
Adequate lighting shall be provided to ensure safe movement
of persons and vehicles and for security purposes. Lighting standards
shall be a type approved by the Planning Board. Directional lights
shall be arranged so as to minimize glare and reflection on adjacent
properties.
[1982 Code § 15-14.4]
a.
Buffering. Required buffering shall be located around the perimeter
of the site to minimize the annoyance of headlights of vehicles, noise,
light from structures and the movement of people and vehicles and
to shield activities from adjacent properties when necessary. Buffering
may consist of fencing, evergreens, shrubs, bushes, deciduous trees
or combinations thereof to achieve the stated objectives.
b.
Landscaping. Landscaping shall be provided as part of the overall
site plan design and integrated into building arrangements, topography,
parking and buffering requirements. Landscaping shall include trees,
bushes, shrubs, ground cover, perennials, annuals, plants, sculpture,
art and the use of building and paving materials in an aesthetically
pleasing manner and appropriate to the site.
c.
Open Space.
1.
Open space shall be provided as part of any planned development,
cluster subdivision or multifamily development. The open space shall
be classified as developed (recreational) or undeveloped (natural)
space. Open space and recreation areas shall be distributed throughout
the development and be readily accessible.
2.
Open space shall serve as a buffer to help integrate buildings and
uses. A recreation facility or park can be used to integrate a project
with the surrounding neighborhood.
3.
Developed open space shall average between 500 to 1,000 square feet
per dwelling unit.
4.
Developed open space used for active recreational use shall not be
less than 2,000 square feet or less than 60 feet in its smallest dimension.
This type of space shall be distributed in relation to the dwelling
units it is intended to serve. Developed open space shall be reasonably
accessible to all dwelling units in the project. All developed open
space should be linked to all other open spaces by walkway systems.
5.
Undeveloped open spaces shall have as a prime objective the preservation
of a site's natural amenities. Ponds, rock outcroppings, wooded areas,
vistas, steep slopes, ravines and stream beds are prime lands recommended
for undeveloped open space.
[1982 Code § 15-14.5]
Signs shall be designed so as to be aesthetically pleasing,
harmonious with other signs on the site and located so as to achieve
their purpose without constituting hazards to vehicles and pedestrians.
a.
Design Theme. There shall be a consistent sign design theme throughout
a particular project. The design theme shall include style of lettering,
construction material, type of pole or standards (wood or metal, for
example), size and lighting. Color of letters and background shall
be carefully considered in relation to the color of the material or
buildings or where the signs are proposed to be located.
b.
Location. Signs shall be located so as not to create a hazard. At
intersections, the sight distances required by subsection 21-15.5f.,6
and f.,11 shall be maintained. The location of signs shall be selected
to ensure visibility. Signs designed to be seen from vehicles shall
be perpendicular to the line of travel, while signs designed to be
read on foot can be parallel with walks.
[1982 Code § 15-14.6]
Storm drainage, sanitary waste disposal, water supply and solid waste collection and disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure. The requirements of subsection 21-5.3 shall be followed.
[1982 Code § 15-14.7]
Environmental elements relating to soil erosion, preservation
of trees, protection of watercourses and resources, noise, topography,
soil and animal life shall be reviewed and the design of the plan
shall minimize any adverse impact on these elements.
[1982 Code § 15-14.8]
The site plan shall provide for those elements of street furniture
appropriate to the particular use. These may include phone booths,
benches, bike racks, trash receptacles, bus shelters, kiosks and similar
items.
[1982 Code § 15-15.1]
The purpose of the design details set forth in this section are to implement the performance standards established in Section 21-14. For good and sufficient reason the Planning Board may vary these design standards and details as they may apply to a specific site plan application.
[1982 Code § 15-15.2]
a.
Off-Street Parking. In all zones, in connection with every industrial,
business or with institutional, recreational, residential or any other
use, there shall be provided, at the time any building or structure
is erected or is enlarged or increased in capacity, off-street parking
for automotive and other vehicles in accordance with the requirements
set forth herein. Such facilities shall be completed prior to the
issuance of a certificate of occupancy.
1.
Design Standards for Off-Street Parking Areas.
(a)
Number of parking spaces required. The number of off-street
parking spaces required shall be as set forth in accordance with the
definition of floor area.
(b)
Size of parking stalls. Each off-street parking space shall
have an area of not less than 200 square feet, exclusive of access
drives or aisles, and shall not be less than 10 feet in width by 20
feet in length and shall be of useable shape and condition. The width
of angle parking stalls shall be measured perpendicular to the side
stall markings. Parallel curb parking spaces shall measure eight feet
in width and 24 feet in length. Except in the case of one-family and
two-family dwellings, no parking area provided hereunder shall be
established for less than three spaces.
(c)
Off-street parking requirements for particular uses:
|
Uses
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Required Parking Spaces
|
|---|---|
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Automotive service stations
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3 for each bay, plus 1 for each service vehicle
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Bank and savings institutions
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1 for each 100 square feet of floor area exclusive of service
areas or 10 for each teller window, whichever is greater
|
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Bowling lanes
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5 for each lane
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Churches and other places of worship
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1 for each 3 seats or 1 for each 72 lineal inches of seating
space when benches rather than seats are used
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Community buildings, social halls and places of public assembly
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1 for each 2 seats except where a specific amount of seating
is undetermined, then 1 parking space shall be required for each 75
square feet of assemblage area
|
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Country clubs
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1 for each 100 square feet of floor area occupied by all principal
or accessory structures except those used for parking purposes
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Funeral homes and mortuaries
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10 plus 1 for each 50 square feet of floor area
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Industrial uses
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1 for each 300 square feet of floor area
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Laboratory and research uses
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1 for every 300 square feet of floor area
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Medical or dental clinics or offices
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1 for every 300 square feet of floor area
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Motels, hotels and motor lodges
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1 for each rental unit, and in addition, compliance with the
requirements for each particular additional use located on the property,
such as restaurants, eating and drinking establishments, retail stores
and meeting rooms
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Nursing homes
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1 for each bed
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Offices, business
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1 for every 200 square feet of floor area
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Offices, professional (other than medical and dental)
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1 for every 200 square feet of floor area
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Residential dwellings
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2 for each dwelling unit
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Restaurants, eating and drinking establishments and catering
halls
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1 for each 2-1/2 seats
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Retail stores, store groups, shops, etc.
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1 for each 150 square feet of floor area where the floor area
shall not exceed 2,000 square feet; 1 for each 175 square feet of
floor area where the floor area shall exceed 2,000 square feet
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Theaters
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1 for each 3 seats
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Wholesale establishments, warehouses, furniture stores
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1 for each 500 square feet of floor area
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(d)
Off-street parking requirements for a combination of uses. The
parking requirement for each use shall be computed separately and
then added together to compute the total number of required parking
spaces. In all questionable or doubtful cases, or for uses not enumerated,
the Planning Board shall determine the required number of spaces utilizing
as a standard the requirements for the uses which are specifically
enumerated.
(e)
Parking Area Design Standards.
(1)
Access. There shall be adequate provision for ingress and egress
to all parking spaces. Access drives or driveways shall be not less
than 10 feet for either ingress or egress and 15 feet wide for combined
ingress and egress as provided in paragraph f., below.
(2)
Size of Aisles. The width of all aisles providing direct access
to individual parking stalls shall be in accordance with the requirements
set forth below. Only one-way traffic shall be permitted in aisles
serving parking spaces placed at an angle other than 90°.
|
Parking Angle
(degrees)
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Aisle Width
(feet)
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|---|---|
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0 (Parallel parking)
|
12
|
|
30
|
12
|
|
45
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13
|
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60
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18
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90 (perpendicular parking)
|
25
|
(3)
General Location. No off-street parking or loading area shall
be located within 20 feet of any property line. All parking shall
be located in bays generally perpendicular to driveways or roads.
(4)
Location in Different Zones. No access drive, driveway or other
means of ingress and egress shall be located in any residential zone
to provide access to uses other than those permitted in such residential
zone.
(5)
Sidewalks and Curbing. Sidewalks between parking areas and principal
structures, along aisles and driveways and wherever pedestrian traffic
shall occur, shall have a minimum width of four feet of passable area
and shall be raised six inches or more above the parking area except
when crossing streets or driveways. Guardrails and wheel stops permanently
anchored to the ground shall be provided in appropriate locations.
Parked vehicles shall not overhang or extend over sidewalk areas,
unless an additional sidewalk width of 2 1/2 feet is provided
to accommodate such overhang.
2.
Other Design Criteria.
(a)
Landscaping and Drainage.
(1)
Parking areas shall be suitably landscaped to minimize noise,
glare and other nuisance characteristics as well as to enhance the
environment and ecology of the site and surrounding area. Large parking
lots shall be broken down into sections of not more than 100 units
and separated from other sections by landscaping, berms and other
similar elements. Said parking areas shall have suitable drainage
facilities as required by the Borough Engineer.
(2)
Off-site drainage facilities and structures requiring enlargement
modification or reconstruction resulting in part from, or totally
as the result of, the proposed development shall be subject to off-site
improvement requirements and standards as established in this chapter.
(b)
Lighting. All parking areas shall be lighted to provide a minimum
of three footcandles at intersections and a total average illumination
of 1 1/2 footcandles throughout the parking area. Such lighting
shall be shielded in such a manner as not to create a hazard or nuisance
to the adjoining properties or the traveling public.
(c)
Markings and Access. Parking stalls, driveways and aisles shall
be clearly marked and delineated. The Planning Board may require certain
areas be maintained for firefighting or other emergency purposes,
and these areas shall be appropriately designated.
3.
Multifamily Circulation Systems. Multifamily housing shall be serviced
by a complete loop street system of at least 24 feet in width affording
at least two means of ingress and egress to the site. Crossovers between
the legs of the loop shall be provided. When a complete loop system
is not practical, a street with a divided roadway at the entrance
shall be considered. Separate pedestrian circulation paths between
buildings and between parking areas and buildings, and between buildings
and community facilities shall be provided.
4.
General Circulation Design and Parking Principles.
(a)
Parking space allocations shall be conveniently oriented and
located adjacent to the buildings which they service.
(b)
Parking areas shall be designed to include walkways for safe
and convenient pedestrian traffic.
(c)
Where pedestrians cross service roads or access roads to reach
parking areas, crosswalks shall be clearly designated by pavement
markings or signs. Crosswalk surfaces may be raised slightly to designate
them to drivers, unless drainage problems would result. A one-way
car movement (to the left or counterclockwise) shall be encouraged.
A major loop road shall be developed around the parking areas, and
parking bays should run perpendicular off the road.
(d)
Driveways shall approach from the right to permit passengers
to alight to or from the sidewalks.
(e)
Whenever possible, one-way traffic shall be established at building
entrances.
(f)
Where buses are provided, special bus indentation slots off
the roadway shall be developed to allow passengers to get on and off
easily and safely.
(g)
Roads and driveways from main roads shall be located at grade
and not below the crest of vertical curves.
b.
Off-Street Loading Requirements.
1.
In any zone, in connection with every building or building group
or part thereof hereafter erected which is to be occupied by industrial,
office, laboratory or commercial uses for distribution by vehicles
of material or merchandise, there shall be provided and maintained,
on the same lot with such building, off-street loading berths.
2.
Each loading space shall be no less than 12 feet in width, 50 feet
in length and 14 feet in height and may not occupy any part of any
required front, side or rear yard; provided, however, that on lots
on which the rear yard or side yard abuts a limited access highway
or a railroad, such loading space may occupy the rear yard up to the
rear property line.
c.
Joint Facilities for Off-Street Parking or Loading. Off-street parking
and loading facilities for separate uses may be provided jointly if
the total number of spaces so provided is not less than the sum of
the separate requirements for each use, provided that all regulations
governing the location of accessory spaces in relation to the use
served are adhered to. Further, no accessory space or portion thereof
shall serve as a required space for more than one use unless otherwise
approved by the Planning Board as provided herein in accordance with
the purposes and procedures set forth herein.
d.
Maintenance of Off-Street Parking and Loading Areas.
1.
Every parcel of land hereafter approved for use as a public or private
off-street parking or loading area shall be maintained in good condition,
free of hazards and deterioration. All pavement areas, sidewalks,
curbs, drainage facilities, lighting, bumpers, guardrails, markings,
signs, landscaping and other improvements shall be maintained in workable,
safe and good condition.
2.
The Borough Council may authorize repairs for such improvements if,
after proper notice, the owner fails to maintain such improvements
and such conditions constitute a hazard to health and safety or where
such improvements are governed by a development or other similar agreement.
The cost of these repairs shall be assessed against the owner.
e.
Waiver of Parking Requirements. If any applicant can clearly demonstrate
to the Planning Board that, because of the nature of his operation
or use, the parking requirements of this section are unnecessary or
excessive, the Planning Board shall have the power to approve a site
plan showing less paved parking area than is required by this section;
provided, however, that a landscaped area of sufficient size to meet
the deficiency shall be set aside and reserved for the purpose of
meeting future off-street parking requirements in the event that a
change of use of the premises shall make such additional off-street
parking spaces necessary.
f.
Location of Driveways.
1.
Design.
(a)
All entrance and exit driveways shall be located to afford maximum
safety to traffic, to provide for safe and convenient ingress and
egress to and from the site and to minimize conflict with the flow
of traffic.
(b)
Where a site occupies a corner of two intersecting roads, no
driveway entrance or exit shall be located within 50 feet of the intersection's
point of tangency of the existing or proposed curb radius of that
site.
(c)
No part of any driveway shall be located within a minimum of
10 feet of a side property line. However, the Planning Board may permit
a driveway serving two or more adjacent sites to be located on or
within 10 feet of a side property line between the adjacent site.
(d)
No entrance or exit driveway shall be located on a rotary, ramp
of an interchange or within 20 feet of the beginning of any ramp or
other portion of an interchange.
(e)
Where two or more driveways connect a single site to any one
road, a minimum clear distance of 50 feet measured along the right-of-way
line shall separate the closest edges of any two such driveways.
2.
Driveway Dimensions. The dimensions of driveways shall be designed
to adequately accommodate the volume and character of vehicles anticipated
to be attracted daily onto the land development for which a site plan
is prepared. The required maximum and minimum dimensions for driveways
are indicated below. Driveways serving large volumes of daily traffic
or traffic of over 15% truck traffic shall be required to utilize
high to maximum dimensions.
|
Area
|
One-Way Operation Driveway* Width
(feet)
|
Two-Way Operation Driveway* Width
(feet)
|
|---|---|---|
|
3 to 10 family residence
|
10-15
|
15-25
|
|
10 family or over
|
15-25
|
20-35
|
|
Commercial and industrial
|
15-30
|
25-35
|
|
*
|
All driveways shall be 5 feet wider at the curbline, and this
additional width shall be maintained for a distance of 20 feet into
the site.
|
3.
Driveway Surfacing. The surface of any driveway shall be constructed
with a permanent pavement of a type approved by the Borough Engineer.
Such pavement shall extend to the paved portion of the road and shall
extend throughout the area defined by the required driveway dimensions
specified above.
4.
Driveway Profile. Any vertical curve on a driveway shall be flat
enough to prevent the dragging of any vehicle undercarriage. Should
the sidewalk be so close to the curb at a depressed curb driveway
as to cause undercarriage drag, the sidewalk shall be appropriately
lowered to provide a suitable ramp gradient.
[1982 Code § 15-15.3]
In reviewing site plans the following design and building layout
principles shall be followed:
a.
Minimum Spacing Between Buildings.
1.
Between Similar Structures. In development groups (more than one
building or structure on tract) the following distances shall be maintained
between similar use structures:
(a)
End wall (no openings) to end wall: 1/2 height of the highest
wall, 12 feet minimum;
(b)
Any building face to street curb: height of building face for
first 25 feet, two times building height for 25 feet and over 20 feet
minimum;
(c)
Any building face to parking area: 1/2 height of highest building
face, 12 feet minimum;
(d)
End wall to window wall: 1 1/2 times the height of highest
wall, 30 feet minimum; and
(e)
Window wall to window wall; three times the height of highest
wall, 75 feet minimum.
2.
Between Buildings of Different Types. Where buildings of different types will be developed as a single development group, such as single-family houses and townhouses, an appropriate transition area or buffer shall be used. This may include fencing, facing similar with each other, natural area, parks or recreation facilities or uses providing gradual density changes between the two dissimilar uses. (See subsection 21-15.4c for examples of buffering.) Actual spacing between the two types of uses shall not be less than twice the height of the tallest adjacent building.
b.
Townhouses.
1.
A maximum of eight units shall be developed in a single row. There
shall be a minimum width of 20 feet for each dwelling unit and an
offset of four feet shall be provided between every two units.
2.
Townhouses shall be grouped in clusters with a maximum of 30 per
cluster. There shall be a minimum of 50 feet between clusters. Private
parking areas shall be located near the entrances and outdoor living
areas or patios adjoining open space or paths leading to open space.
Units shall not front on a through street.
3.
Maximum density of townhouses shall be as required by Chapter 23, Zoning. Each unit shall have two means of ingress and/or egress. End units shall have at least a ten-foot side yard. Units shall be at least 50 feet from all tract boundary lines unless abutting the same or higher density area; then a minimum of 35 feet is required.
4.
Townhouses in each cluster shall be consistent in terms of architectural
style and major design elements such as materials, windows, roof lines,
roof design, etc.
c.
Garden Apartments.
1.
There shall be a maximum of 10 units in any structure, and the maximum length of the structure shall be 160 feet. Maximum density shall be as permitted in Chapter 23, Zoning.
2.
Garden apartment structures shall be grouped in cluster with architectural
design consistent in each cluster. Minimum distance between clusters
shall be 100 feet. In addition to the normal means of ingress and
egress, each apartment unit shall have a second means of ingress and
egress directly from the apartment unit to the outside, such as off
a balcony or patio. A four foot building offset shall be required
every 40 feet or less.
3.
Recreation facilities such as swimming pool and tennis courts shall
be carefully located to avoid problems of noise, lights and similar
nuisance elements affecting residential units.
[1982 Code § 15-15.4; Ord. 3/24/09]
a.
Lighting. In connection with every site plan, the applicant shall
submit plans for all proposed exterior lighting. These plans shall
include the location, type of light, radius of light and intensity
in footcandles. The following design standards shall be followed:
1.
The style of the light and light standard shall be consistent with
the architectural style of the principal building.
2.
The maximum height of freestanding lights shall be the same as the
principal building but not exceeding 25 feet.
3.
All lights shall be shielded to restrict the maximum apex angle of
the cone of illumination to 50°.
4.
Where lights along property lines will be visible to adjacent residents,
the lights shall be appropriately shielded.
5.
Spotlight-type fixtures attached to buildings shall not be permitted.
6.
Freestanding lights shall be so located and protected to avoid being
easily damaged by vehicles.
7.
Lighting shall be located along streets, parking areas, at intersection
and where various types of circulation systems merge, intersect or
split.
8.
Pathways, sidewalks and trails shall be lighted with low or mushroom-type
standards.
9.
Stairways, sloping or rising paths, building entrances and exits
require illumination.
10.
Lighting shall be provided where buildings are set back or offset.
11.
The following intensity in foot-candles shall be maintained:
b.
Landscaping. A landscaping plan shall be submitted with each site plan application. The plan shall identify existing and proposed trees, shrubs, bushes, plant material, ground cover and natural features, such as boulders and rock outcroppings in accordance with subsection 21-13.1.
1.
The standards for trees, shade trees and buffering trees and for
the installation thereof shall be as follows:
(a)
All trees must be nursery-grown.
(b)
Trees are to be balled and burlaped, well branched and with
a good root system.
(c)
Trees are to have straight trunks.
(d)
Tree species must be accurate.
(e)
Backfill should consist of 50% humus for each tree.
(f)
All trees are to be generously and thoroughly watered at time
of planting.
(g)
Trees will be properly pruned at time of planting.
(h)
All excess debris and soil is to be removed from the immediate
area of the planting site. No soil is to be piled around the base
of trees above normal ground level.
(i)
Trees are to be guaranteed to live for a period of two years
from the date of planting.
(j)
Trees shall be included on site plans and shall be covered by
a performance bond.
(k)
Each tree will be staked approximately five feet from the ground
with two stakes two inches by two inches by eight feet long. Trees
will be wired to stakes passing through a rubber hose where attached
to tree.
(l)
All trees are to be 2 1/2 inch to three inch caliper measured
six inches above ground.
(m)
Trees are to be planted in the Borough right-of-way either on
the curb or lawn side of sidewalks, whichever is greater.
For installation of shade trees at street intersections, the
applicant shall comply with the Land Development Standards of the
County of Morris, New Jersey, as amended and supplemented.
c.
Buffers.
1.
Buffers are fences, landscaping, berms and mounds used to minimize
any adverse impacts or nuisances on the site or from adjacent areas.
The following points shall be considered:
(a)
Evergreens can be used as buffers provided that they are planted
properly. An evergreen buffer requires two or even three rows of staggered
plantings. The rows shall be approximately seven feet apart and the
evergreens planted eight feet on center.
(b)
Fences or walls are effective buffers. They shall complement
the structural type and design of the principal building. Solid structures
call for fences or walls projecting that impression. More contemporary
designs call for lighter, more open types.
(c)
Consider buffers for the following areas:
(1)
Buffers other than fences shall be located along property lines
shielding various uses from each other.
(2)
Where interior roads run parallel with roads exterior to the
site, a buffer shall be erected to prevent confusion, particularly
at night.
(3)
Buffer parking areas, garbage collection areas and loading and
unloading areas.
(4)
Consider prevailing wind patterns and use buffers to stop windborne
debris from leaving the site.
2.
Where Required. All uses, other than single-family detached dwellings,
which abut a single-family residential zone or use shall be required
to maintain a buffer zone in accordance with the provisions of this
section.
3.
Restrictions on the Use of Buffer Zones:
(a)
No principal or accessory structure, other than as may be provided
herein, nor any off-street parking or loading areas or other use shall
be permitted within the buffer zone.
(b)
No access or driveways other than as may be permitted by the
Planning Board shall be permitted within the buffer zone.
(c)
Buffer zones shall be maintained in their natural state when
wooded and, when natural vegetation is sparse, plant material or fencing
may be required, as determined by the Planning Board.
(d)
Underground utility easements shall be permitted when deemed
necessary or desirable by the Planning Board.
4.
Area of Buffer Zone.
(a)
All buffer zones shall be a minimum of 10% of the minimum lot
width required in the zone in which located; provided, however, that
no buffer zone need be greater than 75 feet in width.
(b)
The area encompassed in the buffer zone may be utilized for
the purpose of computing lot coverage and yard setbacks.
d.
Fences. Fences, other than for single or two-family detached residences,
shall be considered as accessory uses to a principal permitted use
and are permitted in all zones.
[1982 Code § 15-15.5]
It is the intent of these regulations to provide for attractive,
coordinated, informative and efficient signing for uses in the Borough.
Each site plan application shall include a sign plan showing the specific
design, location, size, construction and illumination in compliance
with the following regulations:
a.
Nameplate and Identification Signs for Single-Family Dwellings. A
sign indicating the name or address of the occupant may be permitted,
provided that the sign shall be no larger than two square feet. A
permitted home occupation may be included with the name of the occupant.
Only one sign per dwelling unit is permitted in addition to a mailbox
identification sign. One additional sign not to exceed 15 square feet
may be posted at the entrance of an active farm.
b.
Sales or Rental Signs, Artisan or Contractor Signs. Signs advertising
the sale or rental of the premises upon which they are located and
artisan and contractor signs on properties being worked on may be
permitted provided that:
1.
The size of a sale or rental sign shall not exceed eight square feet
and an artisan or contractor's sign, four square feet.
2.
Such signs shall be promptly removed when premises are sold or rented.
3.
Developments with four or more homes for sale or industrial or commercial
properties may be advertised on a sign not to exceed 32 square feet.
One such sign shall be permitted on each frontage if the development
fronts on more than one street. All development signs shall be removed
when 95% of the lots have been initially sold.
c.
Institutional Signs. Signs of churches and other institutions of
a similar public or semipublic nature may be erected and maintained
provided that:
1.
The size of any freestanding sign shall not exceed 30 square feet
and not more than one such sign is placed on a property, unless such
property fronts upon more than one street, in which instance a sign
may be erected on each frontage.
2.
Signs affixed to the facade of the structure shall be permitted provided
that the sign shall not exceed 5% of the building facade.
d.
Signs in Nonresidential Districts for Single-Tenanted and Single-Structure
Developments. Business signs may be erected and maintained when in
compliance with the following provisions:
1.
The total gross advertising area of all signs other than freestanding
signs on any one property shall not be greater than 5% of the area
of the building face fronting on the street. The maximum area of all
signs, except freestanding signs, shall not exceed 100 square feet.
2.
One freestanding sign shall be permitted on any single property.
The total advertising area shall not exceed 5% of the building face
fronting on the street but in no event greater than 100 square feet.
e.
Signs for Multiuse Developments, Shopping Centers or Industrial Parks.
Shopping centers, industrial parks, planned residential developments,
multitenanted structures or multistructure uses shall be governed
by the following regulations:
2.
The signing plan shall be based on an integrated design theme to
include all of the elements in paragraph e.1, above. All of the above
elements shall be designed to be in harmony and consistent with each
other, the architecture and materials of principal structures and
the landscaping plan. The Planning Board in its sole discretion shall
determine if a proposed signing plan meets the goals and objectives
of this subsection.
3.
The total area of all signs affixed to a structure shall not exceed
5% of the building facade of the structure. The Planning Board may
permit in total sign area up to 7% of the building facade if, in the
Planning Board's judgment, such additional area shall assist in developing
a harmonious and integrated sign plan in accordance with the goals
and objectives of this subsection.
4.
Freestanding signs to be located on poles, kiosks, stanchions or
similar supports shall not project above the maximum height permitted
in the zone. Such signs shall have an area not in excess of 5% of
the building face fronting on the street but in no event greater than
100 square feet. The Planning Board may permit a total sign area of
up to 150 square feet if, in the Planning Board's judgment, such additional
area shall assist in achieving the goals and objectives of this subsection.
Only one such freestanding sign shall be permitted on any single
property regardless of the number of establishments on the property,
except that the Planning Board may authorize an additional freestanding
sign if the property has access from more than one public street.
f.
General Regulations. The following regulations shall apply to all
permitted and preexisting nonconforming signs:
1.
Only those signs identifying the name, business, occupant, service,
address or product offered or sold on the premises shall be permitted
to be erected. Coming events, community bulletin boards and time and
temperature signs shall also be permitted.
2.
Signs within the interior of a structure designed to be seen and
read from the exterior shall be considered as part of any maximum
sign area.
3.
Signs attached to a principal structure shall not extend above the
roofline or parapet.
4.
No flashing, moving or apparently moving signs shall be permitted
except for time and temperature and changeable copy displays.
5.
The top of freestanding signs shall not exceed the height limit of
principal structures in the zone where located or 25 feet, whichever
is the lesser.
6.
Signs, whether portable, permanent or temporary, other than municipal,
County or State signs, shall not be erected within the right-of-way
of any street or approved sight easements, nor shall any sign be located
so as to constitute a traffic hazard.
7.
A permit shall be required for the erection, alteration or reconstruction
of any sign except as noted in paragraph f.,8 below, or signs permitted
under paragraph a., above. The advertiser shall be responsible for
securing the permit. Fees shall be based on the following schedule:
8.
All temporary signs erected for a special event such as an election
or sale shall be removed by the advertiser within five days after
the event shall have taken place. No permit shall be required for
such temporary signs provided that they do not exceed 32 square feet
and provided that all temporary signs, other than election signs,
shall not remain in place more than four weeks.
9.
Advertising signs shall not be permitted in any zone district in
the Borough.
10.
Whenever a sign shall become structurally unsafe or endangers the
safety of the building or of the public, the Construction Official
shall order such sign to be made safe or removed. Such order shall
be complied with within 10 days of the receipt thereof by the person
owning or using the sign, or the owner of the building or premises
on which such unsafe sign is affixed or erected.
11.
Signs shall not be located closer than the following distances to
street rights-of-way:
|
Area of Sign
(square feet)
|
Minimum Distance
(feet)
|
|---|---|
|
Less than 25
|
20
|
|
25 to 75
|
25
|
|
76 or more
|
30
|
|
The Planning Board shall be authorized to waive the strict application
of this paragraph if, because of local site conditions, strict adherence
would cause inconvenience to the public or would constitute a hazard.
|
12.
The area surrounding ground signs shall be kept neat, clean and landscaped.
The tenant, owner or occupant to whom the sign applies shall be responsible
for maintaining the condition of the area.
13.
Directional signs having areas of less than three square feet are
exempt from area and location regulations but shall be shown on an
approved site plan and further provided that they do not constitute
a hazard to the traveling public.
14.
All signs shall be kept in good repair which shall include replacement
or repair of broken structural elements, casings or faces, maintenance
of legibility and all lighting elements working.
15.
Any location where business goods are no longer sold or produced
or where services are no longer provided shall have 90 days to remove
any remaining or derelict on-premises signs following notification
by the Borough and at the expense of the owner of such property. Where
due written notification has been given by the Borough and compliance
has not been made within the required ninety-day period, the Borough
may cause removal of such sign with the cost of such removal to be
attached to the property.
16.
The applicant shall also comply with all applicable county, State
and Federal sign regulations.
[1982 Code § 15-15.6]
The design and location of all utilities shall be designed in accordance with State and municipal standards and those of the public utility having primary jurisdiction. Utility design requirements set forth in this chapter shall be followed. Stormwater management details set forth in subsections 21-6.4i, 21-6.4r and 21-7.4a shall also be followed. All plans shall be approved by the Borough Engineer.
[1982 Code § 15-16.1]
As a condition of final site plan approval, the Planning Board
may require and shall accept, in accordance with the standards adopted
herein, for the purpose of assuring the installation and maintenance
of on-tract improvements:
a.
The furnishing of a performance guarantee in favor of the Borough
of Victory Gardens in an amount not to exceed 120% of the cost of
installation for improvements including streets, grading, pavement,
gutters, curbs, sidewalks, street lighting, shade trees, surveyor's
monuments, water mains, culverts, storm sewers, sanitary sewers or
other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements of open space,
landscaping, recreation facilities and other on-site improvements.
b.
Provision for a maintenance guarantee to be posted with the Borough
Council for a period not to exceed two years after final acceptance
of the improvement in an amount not to exceed 15% of the cost of the
improvement. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the Borough for such utilities
or improvements.
c.
The amount of any performance guarantee may be reduced by the Borough
Council, by resolution, when portions of the improvements have been
certified by the Borough Engineer to have been completed. The time
allowed for installation of the improvements for which the performance
guarantee has been provided may be extended by the Borough Council
by resolution.
d.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected, and the Borough may, either prior to or
after the receipt of the proceeds thereof, complete such improvements.
e.
When all of the required improvements have been completed, the obligor
shall notify the Borough Council in writing, by certified mail addressed
in care of the Borough Clerk, of the completion of these improvements
and shall send a copy thereof to the Borough Engineer. Thereupon,
the Borough Engineer shall inspect all of the improvements and shall
file a detailed report, in writing, with the Borough Council, indicating
either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
f.
The Borough Council shall either approve, partially approve or reject
the improvements on the basis of the report of the Borough Engineer
and shall notify the obligor in writing, by certified mail, of the
contents of the report and the action of the approving authority with
relation thereto not later than 65 days after receipt of the notice
from the obligor of the completion of the improvements. Where partial
approval is granted, the obligor shall be released from all liability
pursuant to the performance guarantee except for that portion adequately
sufficient to secure provision of the improvements not yet approved.
Failure of the Borough Council to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements, and the obligor and surety, if any, shall be
released from all liability, pursuant to such performance guarantee.
g.
If any portion of the required improvements are rejected, the approving
may require the obligor to complete such improvements and, upon completion,
the same procedure of notification, as set forth in this section,
shall be followed.
h.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements.
[1982 Code § 15-16.2]
As a condition for approval of a site plan, an applicant shall
be required to pay his pro rata share of the cost of providing reasonable
and necessary street improvements and water, sewerage and drainage
facilities, and easements therefor, located outside the property limits
of the development but necessitated or required by construction or
improvements within such development. Such improvements shall be based
on the circulation and comprehensive utility service plans of the
Master Plan. The proportionate or pro rata amount of the cost of such
facilities that shall be borne by each developer or owner with a related
and common area shall be computed by the following formulae. Where
a developer pays the amount determined as his pro rata share under
protest, he shall institute legal action within one year of such payment
in order to preserve the right to a judicial determination as to the
fairness and reasonableness of such amount.
a.
Circulation. Street widening, alignment, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements not covered elsewhere,
the construction of new streets and other similar street or traffic
improvements: the applicant's proportionate cost shall be in the ratio
of the estimated peak-hour traffic generated by the proposed development
to the sum of any present deficiency in peak-hour traffic capacity
to the present facility and the estimated peak-hour traffic generated
by the proposed development. The ratio thus calculated shall be increased
by 10% for contingencies.
b.
Water. Water distribution facilities, including the installation
of new water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith, shall be in accordance with the rules and regulations of
the appropriate municipal utilities authority.
c.
Sanitary Sewers. Sanitary sewage distribution facilities, including
the installation, relocation or replacement of collector and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith, shall be in accordance with the rules and regulations
of the appropriate municipal utilities authority.
d.
Stormwater. Stormwater and drainage improvements, including the installation,
relocation or replacement of transmission lines, culverts, catch basins
and the installation, relocation or replacement of other appurtenances
associated therewith. The applicant's proportionate cost shall be
in the ratio of the estimated peak surface runoff as proposed to be
delivered into the existing system measured in cubic feet per second
to the sum of the existing peak flow in cubic feet per second deficient
for the existing system and the existing peak flow as proposed to
be delivered. The ratio thus calculated shall be increased by 10%
for contingencies.
Former Section 21-17, Administration, previously codified herein
and containing portions of 1982 Code § 15-17.1, was repealed
in its entirety by Ordinance 8/26/08 § 1.
[Ord. 1-10-90 §§ A,
C]
The following are the checklist submission requirements for
site plan applications before the Planning Board and/or Board of Adjustment
for the Borough of Victory Gardens, hereinafter both being referred
to as "Board."
Any submission requirement shall be subject to waiver by the
Board upon the establishment of good and sufficient cause.
[Ord. 1-1-90 § B]
Major site plans shall meet all requirements of the following
checklist. Minor site plans shall meet the requirements on the following
checklist of items a through m, r, s, v, w, z, bb through ee, and
gg through ii.
Each submission shall comply with the following requirements:
a.
A key map showing the site and its relation to the surrounding area
at a scale of not more than one inch to 1,000 feet and including a
north arrow.
b.
Title block in accordance with the rules governing title blocks including:
1.
Name of development, Borough of Victory Gardens, Morris County, with
each sheet specifically titled with appropriately descriptive words;
2.
Name, title, address and telephone number of subdivider or developer;
3.
Name, title, address and license number of the professional or professionals
who prepared the plan;
4.
Name, title and address of the owner or owners of record;
5.
North arrow;
6.
Scale (written and graphic); and
7.
Date of original preparation and of each subsequent revision thereof
and a list of the specific revisions entered on each sheet. All plan
revisions shall include a letter to the Board summarizing the proposed
revisions.
c.
Certification that the applicant is the owner of the land or his
properly authorized agent, or that the owner has given his consent
under an option agreement.
d.
A signed statement of consent by the owner authorizing the filing
of the site plan.
e.
A signed statement of certification by the preparer of the site plan
indicating that all dimensions and information are correct and accurate.
f.
If the applicant is a corporation or a partnership, the names and
addresses of all partners, or the names and addresses of all stockholders
owning 10% or more of any class of stock of the corporation.
h.
Acreage to the nearest tenth of an acre (both with and without areas
within public rights-of-way).
i.
The names and lot and block numbers of all property owners within
200 feet of the extreme limits of the tract as shown on the most recent
tax list prepared by the Borough Tax Assessor.
j.
Existing tax sheet number(s) and existing block and lot number(s)
of the lot(s) to be subdivided or developed as they appear on the
Borough Tax Map, and proposed block and lot numbers as provided by
the Borough Tax Assessor upon written request.
k.
Tract boundary line (heavy solid line).
l.
Zoning districts affecting the tract, including district names and
all area and bulk requirements, with a comparison to the proposed
development, and zoning districts affecting all property within 200
feet.
m.
The location of all watercourses, floodplains, wetlands, wetland
transition areas, soil classifications and slopes over 15%, both within
the tract and within 200 feet of its boundary.
n.
The proposed location of all proposed plantings, with a legend listing
the botanical and common names, the sizes at the time of planting,
the total quantity of each plant, and the location of each plant keyed
to the plan or plat, and the location of all existing trees over five
inches in caliper, with an indication of the trees to be removed,
transplanted or retained.
o.
Existing and proposed contours with intervals of one foot where slopes
are less than 2%; with intervals of two feet where slopes are between
2% and 15%; and with intervals of five feet where slopes exceed 15%.
Existing contours shall be shown as a dashed line; finished grades
shall be shown as a solid line. A reference benchmark shall be clearly
designated.
p.
Proposals for soil erosion and sediment control as required by N.J.S.A.
4:24-39 et seq.
q.
The location of all existing structures, both within the tract and
within 200 feet of its boundary, including all paved surfaces, driveways
and sidewalks.
r.
Size, height and location of all proposed structures including, but
not limited to, signs, fences, lighting facilities, trash dumpsters,
recycling areas and accessory buildings.
s.
All dimensions necessary to confirm conformity to the Borough zoning
requirements, such as the size of the tract and any proposed lot(s),
structure setbacks, structure heights, yard areas, floor area ratios
and coverage information. All tract and lot sizes shall be expressed
in acres and square feet and shall include bearings and distances.
t.
A lighting plan showing the proposed location, direction of illumination,
power and type of proposed outdoor lighting, including details of
lighting poles and luminaries to be used.
u.
The proposed screening and buffering to be used on the site.
v.
The location and design of any off-street parking area, showing size
and location of parking stalls, aisles and barriers, curbing and paving
specifications, and loading areas.
w.
All means of vehicular access and egress to and from the site onto
public streets, showing the site and location of driveways and curb
cuts, channelization, acceleration and deceleration lanes, sight triangle
easements, roadway dedication and curb radii.
x.
The application shall include plans and computations for any storm
drainage system including the following as may be required by the
Borough Engineer:
1.
All existing or proposed storm sewer lines within or adjacent to
the tract showing size and slope of the lines, direction of flow and
the location of each catch basin, inlet, manhole, culvert and headwall.
2.
A map drawn to scale (minimum scale one inch equals 100 feet) showing
the contributing area to each inlet or cross drain.
3.
A weighted run-off coefficient for each drainage area shall be determined
for use in the computations.
y.
The location of existing utility structures such as water and sewer
mains, utility structures, gas transmission lines and high tension
power lines on the tract and within 200 feet of its boundaries.
z.
Plans of proposed improvements and utility layouts including sewers,
storm drains and water lines, and feasible connections to gas, telephone
and electrical utility systems. If service will be provided by an
existing utility company, in lieu of detailed plans, a letter from
that company stating that service will be available before occupancy
will be sufficient. Additionally, letters from the appropriate County
and State agencies granting approval for the extension of utility
service(s) under their respective jurisdiction shall be submitted
with the application.
aa.
Plans, typical cross sections and construction details, horizontal
and vertical alignments of the centerline of all proposed streets
and of all existing streets abutting the tract. The vertical alignments
shall be based on U.S.G.S. vertical datum or a more specified datum
supplied by the Borough Engineer, and shall include curbing, sidewalks,
storm drains, drainage structures and cross sections every half and
full station of all proposed streets and of all existing streets abutting
the tract.
bb.
Any protective covenants, deed restrictions or easements applying
to or being proposed for the land being developed shall be submitted
with the application and/or indicated on the submitted plan.
cc.
The proposed permanent monuments shall be shown, in accordance with
the Map Filing Law, N.J.S.A. 46:23-9.9.
dd.
The proposed number of shifts to be worked, the maximum number of
employees on each shift, and the hours of operation.
ee.
Twenty copies of the site plan application form and checklist.
ff.
Twenty copies of a project narrative summarizing the proposed development
including approvals sought, variances and waivers requested and other
information needed to describe the application.
gg.
Five copies of a certificate from the Borough Tax Collector that
all taxes and assessments are paid to date.
hh.
Five copies of the completed application to the Morris County Planning
Board, if applicable.
ii.
All preliminary major site plan applications shall be accompanied
by an Environmental Impact Statement.
[Ord. 1-10-90 § B; Ord. 2/14/06]
Stormwater control designs and management shall conform to Section 21-20.
Former Section 21-19, Fees for Variances and Interpretations,
previously codified herein and containing portions of Ordinance 6/21/01
was repealed in its entirety by Ordinance 8/26/08 § 2.
[Amended in entirety 11-24-2020 by Ord. No. 21-20 (11-24-20) as amended 3-23-2021 by Ord. No. 3-23-21. Prior history includes Ord. 2/14/06.]
[Amended 11-24-2020 by Ord. No. 21-20 (11-24-20)]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure. Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 21-20.2.
c.
d.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued pursuant to this section are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This section is not
intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law except that,
where any provision of this section imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher
standards shall control.
[Amended 11-24-2020 by Ord. No. 21-20 (11-24-20); 3-23-2021 by Ord. No. 3-23-21]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words in the plural
number include the singular number, and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory. The definitions below are the same as or based
on the corresponding definitions in the Stormwater Management Rules
at N.J.A.C 7:8-1.2.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c) 14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manuel, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land, into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or a
particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinated Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A.55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a sub-watershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2,2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2020 or;
A combination of paragraphs b and c above that totals a area
of one-quarter acre or more, The same surface shall not be counted
twice when determining if the combination are equals one-quarter acre
or more.
|
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs a, b, c or d above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
|
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 21-20.4f and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this State and any state, interstate
or Federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radio active
substance (except those regulated under the Atomic. Energy Act of
1954, as amended (42 U.S.C. §§ 2011 et seq.), thermal
waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters
or surface waters of the State, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface by an existing stormwater
conveyance system where the capacity of that conveyance system is
increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site or origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the State's future redevelopment and revitalization
efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of
these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. Stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal non-stormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
Neighborhood given priority access to State resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60,
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a preponderance of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
[Amended 11-24-2020 by Ord. No. 21-20 (11-24-20)]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2.90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
stormwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Development rules.
[Amended 11-24-2020 by Ord. No. 21-20 (11-24-20); 3-23-2021 by Ord. No. 3-23-21]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 21-20.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B- 15.147 through 15-150, particularly
Helonias Bullata (swamp pink) and/or Chlemmys Muhlnebergi (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 21-20.4p, q and r.
1.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 21-20.4o, p, q and r, may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 21-20.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 21-20.4o, p, q and r that were not achievable onsite.
e.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 21-20.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at NJAC 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the Tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP Tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in the ordinance the
BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(F)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(Feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green Roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured Treatment Device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious Paving System(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-Scale Sand Filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative Filter Strip
|
60-80
|
No
|
No
|
—
|
(Notes corresponding to annotations (a) through (g) are found following Table
3.)
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(Feet)
|
|
Bioretention System
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet Pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations (b) through (d) are found following Table
3.)
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Valiance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal Water Table
(Feet)
|
|
Blue Roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended Detention Basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured Treatment Device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand Filter(c)
|
80
|
Yes
|
No
|
1
|
|
Surface Gravel Wetland
|
90
|
No
|
No
|
1
|
|
Wet Pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2 and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 21-20.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 21-20.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 21-20.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 21-20.6b. Alternative stormwater management measures may be used to satisfy the requirements of § 21-20.4o only if the measures meet the definition of green infrastructure at § 21-20.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 21-20.4o2 are subject to the contributory drainage area limitation specified at § 21-20.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 21-20.4o2 shall have a contributory drainage area less than or equal to 2.4 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands vegetative filter strips, and wet ponds, which are not subject to a contributory area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 21-20.4d is granted from § 21-20.4o.
h.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of the subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater measurements are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture, drainage area
and drainage patterns, and the presence of solution-prone carbonate
rocks (Limestone);
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 21-20.8c;
3.
Stormwater management measures shall be designed, constructed and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement.
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 21-20.8; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMPs shall be a minimum of two and one-half inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements
of this subchapter, provided the pollutant removal rates are verified
by the New Jersey Corporation for Advanced Technology and certified
by the Department. Manufactured treatment devices that do not meet
the definition of green infrastructure at Section II may be used only
under the circumstances described at Section IV.O.4.
k.
Any application for a new agricultural development that meets the definition of major development at § 21-20.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements of § 21-20.4p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 21-20.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards at § 21-20.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 21-20.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, If the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 21-20.4 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Morris County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph m above.
o.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards in § 21-20.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 21-20.4f and/or an alternative stormwater management measure approved in accordance with § 21-20.4g. The following infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured Treatment Device
|
2.5 acres
|
|
Previous Pavement Systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale Bioretention Systems
|
2.5 acres
|
|
Small-scale Infiltration Basin
|
2.5 acres
|
|
Small-scale Sand Filter
|
2.5 acres
|
4.
If a variance in accordance with N.J.A.C 7:8-4.6 or a waiver from strict compliance in accordance with § 21-20.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 21-20.4g may be used to meet the groundwater recharge and stormwater runoff quality standards § 21-20.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by government agency or public utility (for example, a sewerage company) the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 21-20.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 21-20.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 21-20.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of the stormwater runoff volume from pre-construction to
post-construction for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area" or to projects subject to paragraph
4 below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, or stored,
or applied, areas where pesticides are loaded/unloaded, or stored;
areas where hazardous materials are expected to be present in greater
than" reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with the Department approved remedial action work
plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material" which means
and material(s) or machinery, located at an industrial facility, that
is directly or indirectly related to process, manufacturing or other
industrial activities, which could be a source of pollutants in any
industrial stormwater discharge to groundwater. Source materials include,
but are not limited to, raw materials; intermediate products; final
products; waste materials; by-products; industrial machinery and fuels,
lubricants, solvents, and detergents that are related to process,
manufacturing, or industrial activities that are exposed to stormwater.
q.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under effluent limitation for TSS imposed
under the New Jersey Pollutant Discharge Elimination System (NJPDES)
rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under
a NJPDES permit from this requirement. Every major development, including
any that discharge into a combined sewer system, shall comply with
paragraph 2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in tow
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measure.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B-(A x B)/100
|
|
Where:
|
|
R = total TSS percent load removal from application
of both BMPs.
|
|
A = the TSS percent removal rate applicable to the
first BMP.
|
|
B = the TSS percent removal rate applicable to the
second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 21-20.4p, q and r.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C 7:13-4.1(c)1 establish
300-foot riparian zones along Category One waters, as designated in
the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
This stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 21-20.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with Paragraphs 2(a), 2(b) and 2(c) above is required
unless the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Amended 11-24-2020 by Ord. No. 21-20 (11-24-20)]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 21-20.5a1(a) and the Rational and Modified Rational Methods at § 21-20.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the stormwater runoff rates and/or volumes
of pervious and impervious surfaces separately to accurately compute
the rates and volume of stormwater runoff from the site. To calculate
runoff from unconnected impervious cover, urban impervious area modifications
as described in the NRCS Technical Release 55 - Urban Hydrology for
Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater -Recharge Areas in New Jersey, incorporated herein by
reference as amended and supplemented, information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/nigs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Amended 11-24-2020 by Ord. No. 21-20 (11-24-20)]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manuel, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm
b.
Submissions required for review by the Department should be mailed
to:
The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Amended 11-24-2020 by Ord. No. 21-20 (11-24-20)]
a.
Site design features identified under § 21-20.4f above, or alternative designs in accordance with § 21-20.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purpose of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 21-20.7a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
|
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
|
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no more than 2.0
inches across the smallest dimension.
2.
The standard in paragraph a1 above does not apply;
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch.
|
Note that these exemptions do not authorize any infringement
of requirements in the residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
|
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in NJAC 7:8; or
(e)
Where the New Jersey Development of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy or destroy the New Jersey Register listed Historic property.
[Amended 11-24-2020 by Ord. No. 21-20 (11-24-20)]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 21-20.8c1, c2 and c3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
Trash rack shall have parallel bars, with no grater than six-inch
spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate,
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 21-20.8c, a free-standing outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new
stormwater management BMPs having a permanent pool of water deeper
than two and one-half feet. Safety ledges shall be comprised of two
steps. Each step shall be four to six feet in width. One step shall
be located approximately two and one-half feet below the permanent
water surface, and the second step shall be located one to one and
one-half feet above the permanent water surface. See VIII.C for an
illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMP's, the maximum slope for
an earthen dam, embankment, or berm shall be no steeper than three
horizontal to one vertical.
d.
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.
Safety Ledge Illustration.
|
Elevation View-Basin Safety Ledge Configuration
 |
[Amended 11-24-2020 by Ord. No. 21-20 (11-24-20)]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 21-20.9c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in the ordinance.
b.
Site Development Stormwater Plan Approval.
1.
The applicant's Site Development project shall be reviewed as
a part of the review process by the municipal board or official from
which municipal approval is sought. That municipal board or official
shall consult the municipality's review engineer to determine
if all of the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
c.
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
2.
Environmental Site Analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
Project Description and Site Plans. A map or (maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The Map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of § 21-20.3 through § 21-20.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source control whenever possible.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet and different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 21-20.4.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil bores or soil pits
shall be determined based on what is needed to determine the suitability
and distribution of soils present at the location of the control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 21-20.10.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 21-20.9c1 through § 21-20.9c6 when it can be demonstrated that the information requested is impossible to obtain and its absence will not materially affect the review process.
[Amended 11-24-2020 by Ord. No. 21-20 (11-24-20)]
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manuel,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowner's
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned the incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for the maintenance identified under § 21-20.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 21-20.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, repairs or replacement to the structure; removal of
sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under § 21-20.10b3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
te design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 21-20.10b6 and b7 above.
8.
The requirements of § 21-20.10b3 and b4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department. Maintenance and inspection guidance can be found on the website https;//www.njstormwater.org/maintenance_guidancehtm.
9.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
