This chapter shall be known and may be cited as: “The
Land Subdivision Ordinance of the Borough of Harvey Cedars.”
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the borough in order to
promote the public health, safety, convenience and general welfare
of the municipality. It shall be administered to insure the orderly
growth and development, the conservation, protection and proper use
of land and adequate provision of circulation, utilities and services.
The provisions of this chapter shall be considered the minimum
requirements for the protection of the public health, safety and welfare
of the citizens of the borough. Any action taken by the planning board
or board of adjustment under the terms of this chapter shall give
primary consideration to the requirements of this chapter and to the
welfare of the entire community.
All provisions of this chapter may be amended in accordance
with applicable laws in effect at the time of the amendment.
Regulation of the development of land and the attachment of
reasonable conditions to the development applications is an exercise
of valid police power delegated by the State to this borough. The
applicant has the duty of compliance with reasonable conditions laid
down by the approving authority for design, dedication, improvements,
and the use of the land so as to conform to the physical and economical
development of the borough and to the safety and general welfare of
the future residents and owners in the development and in the community
at large. Where county planning board review or approval is required
on a subdivision, the approving authority shall condition any approval
it grants upon either timely receipt of a favorable report by the
county planning board or approval by the county planning board due
to its failure to submit a report within the required time period.
If the county’s report is negative or attaches conditions, the
original action by the borough approving authority shall be null and
void and a new resolution shall be adopted which considers the county
planning board’s report.
This chapter shall take effect upon its final passage and publication
according to law.
The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the “Design and Performance Standards” in § 16-7 of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval if the literal enforcement of one or more provisions of this chapter will result in exceptional and practical difficulties to or exceptional undue hardship to the developer because of peculiar conditions pertaining to the land in question.
Divisions of land not considered a subdivision as defined in
this chapter shall be exempt from compliance with the requirements
of this chapter only after affirmative action by the approving authority.
Such action shall be taken following submission of documentation to
the approving authority showing a division of land for agricultural
purposes where all resulting parcels are five acres or larger in size;
a division by testamentary or interstate provisions; a division of
property by court order; or a conveyance so as to combine existing
lots by deed or other instrument, as the case may be. Until exempted
from the subdivision regulations by the approving authority, no person
can transfer, sell or agree to transfer or sell, as owner or agent,
any land which forms a part of a subdivision for which approval is
required.
The developer shall, at the time of filing an application for
subdivision, pay the following nonrefundable fee to the Borough of
Harvey Cedars by certified check or bank money order:
a.
Subdivision.
1.
Application
for determination of exempt status - $50.
2.
Applications
for minor subdivisions (including consolidation and resubdivision)
- $200.
4.
In addition
to the above-mentioned fees, the applicant shall further guarantee
to reimburse the planning board for any and all expenses, engineering
services, legal services or other expenses needed to evaluate the
application.
c.
Application
for Site Plan, Minor or Major Subdivision with Application for Zoning
Variance:
1.
An application
for a site plan, minor subdivision, or major subdivision, which is
accompanied by an application for a zoning variance, shall pay the
following nonrefundable fee to the Borough of Harvey Cedars:
a.
No final
plat shall be approved by the approving authority until all required
on-site, off-site and off-tract improvements have been installed,
inspected, certified and approved by the borough engineer and accepted
by the governing body and a maintenance guarantee has been filed and
accepted by the governing body in accordance with the requirements
of this chapter or their installation shall have been provided for
by a performance guarantee accepted and approved by the governing
body in accordance with the requirements of this chapter. No maintenance
bond shall be accepted nor shall any partial facility be accepted
for any item which has further stages of work to be completed 7or
which will need to be altered or reworked in any manner due to the
installation or connection of any other facility. Any improvements
installed prior to final plat application that do not meet the standards
of this chapter or other regulations shall be added to the performance
guarantee.
b.
A performance
guarantee cost estimate shall be submitted to the approving authority
by its engineer as part of his report on preliminary and final plat
review. The approving authority may request its engineer to review
and update this estimate from time to time as required.
c.
The proposed
performance guarantee required for final plat approval shall be submitted
to the approving authority engineer and attorney for recommendations
as to accuracy and form and then to the governing body for approval
and acceptance by resolution. Submission for final plat approval shall
not be made until the performance guarantee has been accepted and
approved by the governing body.
1.
The performance
guarantee shall consist of the performance guarantee cost estimate
and a performance bond, in which the developer shall be principal
and an acceptable surety company licensed to do business in the State
of New Jersey shall be surety, or cash or certified check which shall
be deposited with the borough by payment to the municipal treasurer.
The treasurer shall issue a receipt for such deposits and shall retain
the deposits as security for completion of all requirements to be
returned to the developer on completion of all required work or, in
the event of default on the part of the developer, to be used by the
borough to pay the costs of completing the requirements. If the required
improvements have not been completed or corrected in accordance with
the standards of the borough or within the stipulated time, the obligor
and surety for any bond shall be liable thereon to the borough for
the reasonable cost of the improvements not completed or corrected,
and upon authorization by the governing body, the borough attorney
shall take the necessary steps to obtain such costs from the obligor
and surety. The borough may, either prior to or after receipt of the
proceeds thereof, complete such improvements.
2.
The total performance guarantee shall be an amount equal to 120% of the performance guarantee cost estimate. 90% of this total shall be in either cash, certified check or surety bond of a bonding company approved by the governing body. The remaining 10% shall be in cash and shall be paid in like manner and under the same conditions as set forth in Subsection 16-3.8c1.
In the event of default, the 10% cash fund herein mentioned
shall be first applied to the completion of the requirements and the
cash, certified check, or surety bond shall thereafter be resorted
to, if necessary, for the completion of the requirements. The cash
or surety bond may recite the foregoing provision. The borough engineer’s
certification that the principal has satisfactorily installed or has
defaulted in meeting the required standards of construction shall
be the basis for governing body action which accepts or rejects the
improvements, withholds approval, or may extend the time allowed for
installation of the improvements.
3.
Performance
guarantees shall run for a term not to exceed 18 months; provided
however, such guarantees with the consent of the principal and surety,
if there be a surety, may be extended by the governing body by resolution
for an additional period not to exceed 18 months.
d.
The administrative
officer shall immediately notify the approving authority and the borough
engineer when the performance guarantee has been approved and accepted
by the governing body.
e.
At least
48 hours prior to the beginning of construction or installation of
any required improvements, the developer shall notify the borough
engineer in writing of the developer’s intention to commence
such work. All improvements and utility installations shall be inspected
during the time of their installation by the borough engineer or his
designee to ensure satisfactory completion and no underground installation
shall be covered until inspected by the borough engineer or his designee.
The cost of all inspections shall be the responsibility of the developer
and he shall deposit the necessary inspection fee with the borough
clerk upon making application for final approval under this chapter
or prior to the start of any construction, whichever shall first occur.
The inspection fee shall be in addition to the amount of any required
performance or maintenance guarantees and shall consist of 6% of the
estimated cost of construction as determined by the borough engineer.
This fee shall be held in reserve by the borough and used to pay the
costs of inspecting the construction. It shall be the obligation of
the developer to pay for the actual costs of inspecting the construction.
Any excess monies shall be remitted to the developer upon approval
of all improvements as provided herein. Any additional inspection
costs shall be paid by the developer prior to the approval of the
improvements by the governing body, as provided for herein.
f.
If, during
installation of the required improvements, the developer fails to
meet specification requirements or to correct unacceptable work, the
borough engineer shall either issue a stop work notice in person or
send notification in writing by certified mail, return receipt requested,
that the developer has failed to comply with specifications or to
correct unacceptable work properly and said notice shall set forth
in detail what has not been properly installed.
If within 10 days after the stop work notice is served or after
the certified date of receipt of such written notice, the developer
has failed to correct the work or perform in accordance with the notice,
the borough shall then cause the notice of default to be served upon
the developer and copy shall be sent to the governing body and planning
board.
g.
Electrical,
gas, telephone and all other utility installations installed by utility
companies shall also be subject to the inspection requirements contained
herein.
h.
No certificate
of occupancy shall be issued for any lot or structure within a subdivision
or approved section thereof until the borough engineer certifies that
all improvements required under this chapter applicable to such lot
or structure, including curbs, utilities, functioning water supply
and sewage treatment facilities, storm drainage necessary to insure
proper drainage of the lot and surrounding land, grading of lots,
soil stabilization, base course for the street and driveway, and sidewalks,
have been installed to his satisfaction.
i.
After
completing the construction of the improvements covered by the performance
guarantee, the developer shall prepare two sets of improvements and
utility plans and profiles amended to read “as constructed”
and make application to the governing body in writing, by certified
mail, addressed to the borough clerk with a copy sent by certified
mail to the borough engineer for final inspection of such improvements.
The borough engineer shall, within 30 days after his receipt of said
application, inspect the improvements in question and report in writing
to the governing body 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.
j.
The governing
body 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 its performance
guarantee, except for that portion adequately sufficient to secure
provision of the improvements not yet approved. Failure of the governing
body 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, shall be released from all liability, pursuant
to such performance guarantee.
k.
If any
portion of the required improvements are rejected, the approving authority
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.
l.
The approval
of any plat under this chapter by the approving authority shall in
no way be construed as acceptance of any street, drainage system,
or other improvement required by this chapter, nor shall such plat
approval obligate the borough in any way to maintain or exercise jurisdiction
over such street, drainage system or other improvement shall be implemented
only by favorable action by the governing body.
m.
Maintenance
Guarantee. No improvement shall be accepted, approved or partially
approved by the governing body unless and until all of the following
conditions have been met:
1.
The borough
engineer shall have certified in writing that the improvement is complete
and that it complies fully with the requirements of this chapter and
of all other applicable local ordinances.
2.
A maintenance
guarantee is posted with the governing body for a period of two years
after final acceptance of the improvement, in an amount equivalent
to 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 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.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency.
The provisions of this chapter shall be held to be minimum requirements.
Where any provision of this chapter imposes restrictions different
from those imposed by any other provision of this chapter or any other
ordinance, rule or regulation, or other provision of law, whichever
provision(s) are more restrictive or impose higher standards shall
control.
If any section, paragraph, clause or other provision of this
chapter shall be adjudged by the courts to be invalid, such adjudication
shall apply only to the section, paragraph, clause or provision so
adjudged and the remainder of this chapter shall be deemed valid and
effective.
a.
In addition
any other liability or penalty imposed by law on this chapter, any
person violating any provision of this chapter shall, upon conviction
thereof, pay a penalty of not less than $5 nor more than $500 for
each offense.
b.
Each
and every day in which a violation of any of the provisions of this
chapter exists shall constitute a separate violation.
Whenever a word or phrase used in this chapter is defined in
R.S. 40:55D.1 et seq., the Municipal Land Use Law, such term is intended
to have the meaning set forth in the definition of such term in that
statute unless a contrary intention is clearly and explicitly expressed
from the context of this chapter. The following words or phrases when
used herein shall be defined as follows:
The clerk of the borough.
The borough planning board unless a different agency is designated
in the text of this chapter or the land use procedure ordinance and
is acting pursuant to the authority of the Municipal Land Use Law
R.S. 40-55D-1 eq seq.
The land required for the installation of storm water sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with Chapter
One of Title 58 of the Revised Statutes.
The board of commissioners of the borough.
The Land Use Procedure Ordinance of the Borough of Harvey
Cedars adopted November 19, 1976, as amended and supplemented.
All subdivisions not classified as minor subdivisions.
Any subdivision of land which does not involve the creation
of more than three lots, including the original lots; any new street
or road; the extension of water lines and/or municipal facilities;
and which does not adversely affect the development of the remainder
of the parcel or adjoining property or conflict with any provisions
or portion of the master plan, official map, zoning ordinance or this
chapter; provided further that the proposed subdivision is not adjacent
to any other tract or part of a tract of vacant or unsubdivided land
under the same ownership.
Any individual, firm, association, syndicate, co-partnership
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.
For the purpose of this chapter, as follows:
CONTROLLED ACCESS HIGHWAYS
Those used by heavy through traffic and which permit no access
from abutting property.
ARTERIAL STREETS
Those which are used primarily for fast or heavy volumes
of through traffic.
MAJOR STREETS
Those which are used primarily for heavy local and through
traffic.
COLLECTOR STREETS
Those which carry traffic from minor streets to the major
street, including the principal entrance streets of a residential
development and streets for circulation within such a development.
MINOR STREETS
Those which are used primarily for access to the abutting
properties.
MARGINAL SERVICE STREETS
Those which are parallel or adjacent to controlled access
highways or major streets; and which provide access to abutting properties
and protection from through traffic.
ALLEYS
Minor ways which are used primarily for vehicular service
access to the back or side of properties otherwise abutting on a street.
A committee of at least three planning board members appointed
by the chairman of the planning board with the approval of the majority
of the board for the purpose of classifying subdivision in accordance
with the provisions of this chapter, and such other duties relating
to land subdivision which may be conferred on the committee by the
planning board.
Any applicant wishing to subdivide or resubdivide land within
the borough shall apply for and obtain the approval of the approving
authority in accordance with the following procedure.
a.
Filing
Procedure. The applicant for minor subdivision approval shall file
with the borough clerk at least three weeks prior to the next public
meeting of the approving authority:
1.
Six copies
of the complete minor subdivision plat for distribution as follows:
borough clerk, one copy; approving authority, five copies.
2.
Two copies
of the completed application for minor subdivision.
3.
Two copies
of the completed technical checklist.
4.
Two copies
of a list for all permits required for construction on the subdivided
lots.
6.
Two copies
of a receipted tax bill or a certification from the borough tax collector
showing that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of the application.
b.
The secretary
of the approving authority shall ascertain whether any applications
for development within the jurisdiction of the approving authority
have been filed with the borough clerk and shall have the responsibility
of forwarding copies of the same together with any supporting documentation
to the approving authority and the borough engineer for their consideration
and action within the time limits prescribed by law.
c.
The approving
authority engineer shall review the plat prior to the next public
meeting of the approving authority and recommend approval as a minor
subdivision with or without conditions for approval, or recommend
disapproval because it: does not meet the definition of a minor subdivision;
or is improperly prepared; or is detrimental to the health, welfare
and safety of the borough. Should the approving authority engineer
determine that the application should be classified as a major subdivision,
the applicant should be advised to follow major subdivision procedures
of preliminary and final application.
d.
The approving
authority shall review the submission for its completeness and accept
or reject the submission as a complete application in accordance with
the provisions of the land use procedure ordinance. If complete, the
approving authority shall approve or deny such application in accordance
with the provisions of this chapter and the land use procedure ordinance
within the time limits prescribed by law.
a.
All minor
subdivision plats submitted to the approving authority shall be drawn
in conformance with the Map Filing Law (N.J.S.A. 46:23-9.9 to 23-11)
as amended or supplemented and the following standards:
1.
Clearly
and legibly drawn.
2.
Graphic
scale not less than one inch equals 100 feet.
3.
Based
on actual survey and certified by land surveyor licensed in New Jersey.
4.
Sheet
sizes of 30 inches by 42 inches; 24 inches by 36 inches; 18 inches
by 24 inches; or 15 inches by 21 inches.
5.
Existing
and proposed lot lines with bearings and dimensions.
6.
Existing
lot lines to be eliminated.
7.
Area
of original tract to one square foot.
8.
Area
of each proposed lot to one square foot.
9.
Existing
structures and uses.
10.
Shortest
distance between any existing building and a proposed or existing
lot line.
11.
All
streams, lakes and drainage rights-of-way within the limits of the
tract being subdivided and within 200 feet thereof including the location
and dimensions of all drainage structures; existing features to be
removed or relocated; and flood hazard areas and floodways, steep
slopes, wetlands and swamps.
12.
Existing
and proposed rights-of-way and easements within and adjoining the
tract with dimensions, existing driveways, street names, and the purpose
for any easement. Sight triangles shall be shown. Copies of the text
of any deed restrictions shall be included.
13.
The
name of the owner of the proposed tract and all adjoining property
owners as disclosed by the most recent tax records.
14.
The
tax map sheet, block and lot number for the tract and all adjacent
lots; title; graphic scale; north arrow; space for the subdivision
application number; the date of the original drawing and the date
and substance of each revision.
15.
Zoning
District. If the property lies in more than one zoning district, the
plat shall indicate all the zoning district lines. All front, side,
and rear yard setback lines shall be shown conforming to the zoning
ordinance.
16.
The
name, address, signature and phone number of the owner, applicant
and person preparing the plat, including the seal of person preparing
the plat.
17.
A key
map with north arrow showing the entire development and its relation
to surrounding areas at a scale of not less than one inch equals 2,000
feet.
a.
A subdivision of land which is not a minor subdivision is a major subdivision and shall comply with the provisions of Subsections 16-5.5 and 16-5.7 of this chapter for preliminary and final plat approval. An applicant may at his own choice elect to have an informal discussion prior to submitting a preliminary plat application for major subdivision.
b.
Informal
discussion for major subdivision.
1.
An informal
submission is optional. Any person may appear at a regular meeting
of the approving authority for informal discussion with reference
to an informally prepared plat of sufficient accuracy to be used for
purpose of discussing a proposed major subdivision. The purpose of
such a discussion will be to review overall development concepts in
order to assist the applicant in the preparation of subsequent plans.
No decisions will be made and no formal action taken on an informal
discussion.
2.
The data
included on an informal plat should include sufficient basic data
to enable the approving authority and the applicant to comment upon
design concepts of the proposed subdivision such as building location,
ingress and egress, parking, major natural features that will have
to be recognized or may influence certain design criteria, and the
applicant’s basic intent for water, sewerage, and storm drainage
facilities. Informal plats are not binding on the borough or upon
the developer and do not necessitate accurate engineered drawings.
a.
The informal
plat shall be prepared to scale to enable the entire tract to be shown
on one sheet. The scale of the map should be not less than 100 feet
to the inch except where otherwise necessary due to the size of the
tract and the map shall show or include the following information:
1.
The location
of the property in relation to the entire tract and in relation to
all properties adjoining the tract. The name of the owner or owners
of the land being subdivided and if other than the owners, the name
of the prospective developer. The names of all adjoining property
owners.
2.
The location
and dimension of all boundary lines of the property and the location
of all structures and wooded areas within the tract.
3.
The tax
map sheet, block and lot numbers.
4.
All existing
streets, roads and streams adjoining or within 500 feet of the tract.
5.
Proposed
connections with existing water supply or sanitary sewerage systems,
or alternative means of providing for water supply and sanitary waste
disposal systems. Proposed provisions for collecting and discharging
surface water drainage.
6.
The approximate
location of all streets, lots and public use areas.
7.
Sufficient
elevations or contours as to determine the natural slope and drainage
of the land and the high and low points.
All applications for major subdivision approval shall follow the procedures for preliminary plat approval as set forth in this section and for final plat approval as set forth in Subsection 16-5.7.
a.
Filing Procedure for Preliminary Plat Approval. The applicant shall file with the borough clerk at least three weeks prior to the next public meeting of the approving authority for distribution in accordance with Subsection 16-5.1a:
1.
Six copies
of the completed preliminary plat;
2.
Two copies
of the completed preliminary plat application;
3.
Two copies
of the completed preliminary plat technical checklist;
4.
Two copies
of a list of all permits required for development of the subdivided
lots.
5.
The appropriate review fee as determined in Subsection 16-3.7 for preliminary subdivision approval.
6.
Two copies
of an affidavit of ownership or letter from owner authorizing submission
of plat.
7.
Two copies
of the preliminary drainage plan.
8.
Two copies
of a receipted tax bill or a certification from the borough tax collector
showing that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of the application.
b.
The approving
authority engineer shall review the preliminary plat prior to the
next public meeting of the approving authority and recommend approval
or disapproval of the preliminary plat. If the approving authority
engineer finds the application incomplete, he shall notify the applicant,
borough clerk and approving authority.
c.
The approving
authority shall review the application for its completeness and accept
or reject the submission as a complete application in accordance with
the provisions of the land use procedure ordinance.
d.
If the
application is accepted as complete, the approving authority shall
grant or deny preliminary subdivision approval in accordance with
the provisions of this chapter, the land use procedure ordinance and
all other applicable laws and ordinances.
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 development plans including road profiles and utility plans shall be submitted as part of the preliminary plat. Separate maps may be required by the approving authority for topography, utilities and road details. A soil erosion and sedimentation control plan shall be included. The plat shall be designed in compliance with the provisions of § 16-7 of this chapter and shall show or be accompanied by the following information:
a.
General.
All maps and plats required to be submitted by this chapter shall
conform to one of the following size configurations: 15 inches by
21 inches; 18 inches by 24 inches; 24 inches by 36 inches.
b.
Base Map.
A base map shall be prepared to show the general layout of the development
with appropriate information to allow the approving authority to make
a decision. The base map shall contain at least the following information:
1.
Key Map.
A key map at a convenient scale showing the entire subdivision and
its relation to surrounding areas of the subdivision and the zoning
classification of the proposed subdivision and of adjacent lands within
1,000 feet of the subject property.
2.
Lots.
Lot layout, lot dimensions and individual lot areas in square feet
and acreage.
3.
Other
Contents. The tract name, tax map sheet and date of revision, block
and lot numbers, date of plat preparation, reference meridian, graphic
scale and the following names and addresses:
4.
Acreage.
Acreage of tract to be subdivided to nearest hundredth of an acre.
5.
Existing
and Proposed Locations. The location of existing and proposed property
lines, streets, buildings, watercourses, railroads, bridges, culverts,
drainpipes, 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 or photo-grammetric survey.
6.
Setback
Lines. All front, rear and sidelines shall be shown for all lots.
7.
Deed
Restrictions. A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
8.
Open
Space. Any open spaces proposed to be dedicated for public use or
playgrounds or other public purposes and the location and use of all
such property shall be shown on the plat.
9.
Off-Tract
Improvements. When the development of the subdivision or improvements
within the subdivision is contingent upon improvements outside the
boundaries of the subdivision, information shall be supplied by the
applicant prior to approving authority consideration for preliminary
approval that the improvements outside the subdivision are installed
or will be installed and will be available for use by the applicant.
c.
Drainage
Plan.
1.
Plans
and computations for any storm drainage systems include the following:
(a)
All existing or proposed storm sewer lines within or on lands or
roads adjacent to the development and all required off-site and off-tract
drainage improvements showing size, profile and slope of the lines,
direction of flow, and the location of each catch basin, inlet, manhole,
culvert and headwall.
(b)
The location and extent of any proposed dry wells, ground water recharge
basins, detention basins, flood control devices.
2.
Existing
and proposed streams, lakes, ponds and marsh areas shall be shown
on the plat accompanied by the following data:
(a)
When running stream with a drainage area of one-half square mile
or greater is proposed for alteration, improvement, or relocation,
or when a structure or fill is proposed over, under, in or along such
a running stream, evidence of approval, required alterations, lack
of jurisdiction, or denial of the improvement by the New Jersey Division
of Water Resources shall accompany the plat.
(b)
Cross-sections and profiles of watercourses at an appropriate scale
showing the extent of the flood fringe area, top of bank, normal water
level and bottom elevations at the following locations:
(1)
Profile and cross-section of all watercourses within or adjacent
to the development at any point where a watercourse crosses a boundary
of the development.
(2)
Cross-sections at fifty-foot intervals for a distance of 300 feet
upstream and downstream of any existing or proposed culvert or bridge
within the development.
(3)
Cross-sections at a maximum of 100-foot intervals, but at not less
than two locations, along each watercourse which runs through or adjacent
to the development.
(4)
When ditches, streams, brooks or watercourses are to be altered,
improved or relocated, the method of stabilization slopes and measures
to control erosion and siltation during construction as well as typical
ditch sections and profiles shall be shown.
(c)
The total upstream acreage in the drainage basin of any watercourse
running through or adjacent to a development. For flowing streams,
small scale watershed maps developed from U.S.G.S. sheets shall be
submitted.
(d)
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in that portion of the development
which drains to the structure.
(e)
The location and extent of all existing or proposed drainage and
conservation easements, flood hazard areas and floodway lines.
(f)
The location and extent of all existing or proposed lakes or ponds
on or within 300 feet of the development.
d.
Grading
Plan.
1.
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. All
elevations shall be related to a benchmark noted on the plan and be
based on United States Geological Survey mean sea level datum.
2.
Proposed
Grades. The grading plan shall show the existing contours and grades,
and the finished or proposed contours and grades. The grades shall
slope away from any proposed structure or dwelling.
e.
Utility
Plan.
1.
Preliminary
plans and profiles at a scale of one inch equals 50 feet 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 drains, drainage ditch or streams or watercourses to which the
proposed facility shall be connected.
2.
Plans
for a typical individual or package sewage disposal system shall be
shown where the same is proposed. Said plans shall be approved by
the appropriate local and/or State health agency.
f.
Street
Plans and Profiles. Plans and profiles at a scale of not more than
one inch equals 50 feet including cross-sections of all proposed streets
and curbs within the subdivision and proposed connection with existing
or future continuing streets.
g.
Soil Erosion
and Sedimentation Control Plan. Every submission for a preliminary
plat approval shall contain a preliminary soil erosion and sedimentation
control plan. This plan shall be prepared in accordance with the New
Jersey Standards for Soil Erosion and Sedimentation Control and shall
be submitted by the applicant to the Ocean County Soil Conservation
District for preliminary comments.
a.
Filing Procedure for Final Plat Approval. The applicant shall file with the borough clerk at least three weeks prior the next public meeting of the approving authority for distribution in accordance with Subsection 16-5.1a or as otherwise indicated:
1.
Six copies
of the completed final plat.
2.
Two copies
of the completed final plat application.
3.
Two copies
of the completed final plat technical checklist.
4.
Two copies
of a list of all permits required for development of the subdivided
lots.
6.
Two copies
of a receipted tax bill or a certificate from the borough tax collector
showing that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of the application.
7.
Two copies
of a certificate of title, and consent of owner.
8.
Two copies
of the street profiles.
9.
Two copies
of the drainage plan and calculations for both on-tract and off-tract
drainage.
10.
Two
copies of the grading plan.
11.
Two
copies of the soil erosion and sedimentation plan.
12.
Two
copies of the landscaping plan.
13.
Two
copies of the utility plan.
14.
Two
copies of the sanitary sewerage plan.
15.
Two copies of a certificate by the borough engineer that the applicant has either installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval and has posted the required maintenance guarantee, or has posted all necessary performance guarantees in accordance with this chapter and the preliminary plat approval for all partially completed improvements or improvements not yet initiated. Items 1 through 15 shall have the same distribution as in Subsection 16-5.6f.
16.
Two
copies of all applicable performance and maintenance guarantees, including
off-tract improvements.
17.
One
original mylar.
18.
Two
copies of cloth prints.
19.
Assessment
for off-tract improvements, if any, determined in accordance with
the provisions of this chapter.
b.
The approving
authority engineer shall review the final plat prior to the next public
meeting of the approving authority and recommend approval or disapproval
of the final plat. If the approving authority engineer finds the application
incomplete, he shall notify the applicant, borough clerk and approving
authority.
c.
The approving
authority shall review the application for its completeness and accept
or reject the submissions as a complete application in accordance
with the provisions of the land use procedure ordinance.
d.
If the
application is accepted as complete, the approving authority shall
grant or deny final approval in accordance with the provisions of
this chapter; the land use procedure ordinance and all other applicable
laws and ordinances.
The final plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Final plats shall be drawn by a licensed New Jersey professional engineer or land surveyor and in accordance with the Map Filing Law (N.J.S.A. 46:23-9.9 to 23-11) as amended or supplemented. Contour maps and development plans including road profiles and utility plans shall be submitted as part of the final plat submission. Separate maps will be required for topography, utilities and road details. The final plat shall be designed in compliance with the provisions of § 16-7 and shall show or be accompanied by the following information:
a.
Base Map. A base map drawn in final form with all the information and certifications required by Map Filing Law and containing all the information required for preliminary plat approval in Subsection 16-5.6 in final form.
b.
Drainage
Plan. A drainage plan showing all the details and information required
for preliminary plat approval but in final engineering design.
c.
Grading
Plan. A grading plan showing the proposed final grading and contour
lines of each lot as well as the existing grades and contour lines.
d.
Utility
Plan. The final utility plan showing the proposed location of all
utilities including, but not limited to, water, sewerage, storm drainage
and electric.
e.
Street
Plans and Profiles. The final street plans and profiles showing the
proposed final grade of all streets with the underground utilities.
f.
Soil Erosion
and Sedimentation Control Plan. The final soil erosion and sedimentation
control plan shall be submitted with the final plat application. This
final plan shall be prepared in accordance with the New Jersey Standards
for Soil Erosion and Sedimentation Control and shall be previously
approved by the Ocean County Soil Conservation District.
a.
Where the approving authority has granted conditional approval, the applicant must complete all conditions of the approval, secure all other necessary approvals, post the necessary guarantees and submit to the borough clerk, those items set forth in Subsection 16-5.7a.
b.
An approved
final plat shall be signed by the chairman and secretary of the approving
authority or the vice-chairman or assistant secretary in their absence,
respectively. However, no such signatures shall be affixed until the
developer has posted the required guarantees.
c.
Immediately
upon the granting of final approval, the secretary of the approving
authority shall forward a copy of the approved final plat to the borough
tax assessor, tax collector and zoning officer.
Prior to the granting of final approval, the applicant shall
have installed or shall have furnished performance guarantees for
the ultimate installation of such improvements as may be required
by the approving authority and governing body, including but not limited
to the following:
a.
Streets.
b.
Bridges.
c.
Sanitary
sewers and appurtenances.
d.
Storm sewers
and appurtenances.
e.
Water mains
and appurtenances.
f.
Street lighting.
g.
Street signs
and other signs.
h.
Fire hydrants.
i.
Monuments.
j.
Native vegetation
maintained.
k.
Lagoons.
l.
Bulkheads.
m.
Electric
and telephone utilities.
n.
Seeding.
o.
Topsoil
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All of the above listed improvements shall be constructed in accordance with the design standards of the borough as set forth in § 16-7 of this chapter and in a manner satisfactory to the borough engineer.
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The time within which all improvements shall be installed, completed,
and approved shall be no longer than two years from the date of the
final resolution of approval by the Harvey Cedars Planning Board.
Any requests for an extension of said period of time shall be made
to the governing body of the Borough of Harvey Cedars, and any extension
shall be in the sole discretion of the members of said governing body.
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Any application for development shall conform to design standards
that will encourage good development patterns within the borough.
The development shall conform to the proposals and conditions of the
master plan and official map of the borough. The streets, drainage
rights-of-ways, school sites, public parks and playgrounds shown on
an officially adopted master plan or official map shall be considered
in approval of subdivision plats. Every application for development
shall comply with the following design standards:
a.
The arrangement
of streets not shown on the master plan or official map shall be such
as to provide for the appropriate extension of existing streets.
b.
Minor
streets shall be designed as to discourage through traffic.
c.
Subdivisions
abutting arterial streets, shall provide a marginal service road or
reverse frontage with a buffer strip for planting, or some other means
of separation of through and local traffic as the approving authority
may determine appropriate.
d.
The right-of-way
width shall be measured from lot line to lot line and shall not be
less than 50 feet.
e.
The right-of-way
for internal roads and alleys in multi-family, commercial and industrial
districts shall be on an individual basis and shall in all cases be
of sufficient width for loading needs and maximum access for firefighting
equipment.
f.
No subdivision
showing reserve strips controlling access to streets shall be approved
except where the control and disposal of land comprising such strips
has been placed in the governing body under conditions approved by
the approving authority.
g.
Subdivisions
that adjoin or include existing streets that do not conform to widths
as shown on the master plan or official map or the street width requirements
of this chapter shall dedicate additional width along either one or
both sides of said road. If the subdivision is along one side only,
one-half of the required extra width shall be dedicated.
h.
Grades
of arterial and collector streets shall not exceed 5%. Grades on other
streets shall not exceed 7%. The minimum grade of each street shall
be set by the approving authority engineer.
i.
Street
intersections shall be as nearly at right angles as is possible and
in no case shall be less than 60º. The block corner at intersections
shall be rounded at the curb line with a curve having a radius of
not less than 20 feet.
j.
Street
jogs with center line offsets of less than 125 feet shall be prohibited.
k.
A tangent
at least 100 feet shall be introduced between reverse curves on arterial
and collector streets.
l.
When connecting
street lines deflect from each other at any one point by more than
10º and not more than 45º, they shall be connected by a
curve with a radius of not less than 100 feet for minor streets and
300 feet for arterial and collector streets.
m.
All changes
in grade shall be connected by vertical curves of sufficient radius
to provide a smooth transition and proper sight distance.
n.
Dead-end
streets (cul-de-sacs) shall provide a turnaround at the end with a
radius of not less than 50 feet and tangent whenever possible to the
right side of the street. If a dead-end street is of a temporary nature,
a similar turn-around shall be provided and provisions made for future
extension of the street and reversion of the excess right-of-way to
the adjoining properties.
o.
No street
shall have a name which will duplicate or so nearly duplicate as to
be confused with the names of existing streets. The continuation of
an existing street shall have the same name.
p.
Any street
which gives access to a lot fronting on the waters of the Atlantic
Ocean, shall be provided with a pedestrian easement giving access
to the waters aforesaid for owners of all lots fronting on such road.
The pedestrian easement shall have a minimum width of five feet. Any
road which gives access to a lot fronting on the waters of any bay
lying generally westerly of Long Beach Island shall have the road,
in its full width, extend to the waters of such bay giving public
access thereto.
a.
Block
length and width or acreage within bounding roads shall be such as
to accommodate the size of lot required in the area by the zoning
ordinance and to provide for convenient access, circulation control
and safety of street traffic.
b.
In blocks
over 800 feet long, pedestrian crosswalks may be required in locations
deemed necessary by the approving authority. Such walkway shall be
10 feet wide and be straight from street to street.
c.
For commercial,
group housing or industrial use, block size shall be sufficient to
meet all area and yard requirements for such use.
[Ord. No. 2021-20]
a.
Lot dimensions
and area shall not be less than the requirements of the zoning ordinance.
b.
Insofar
as is practical, side lot lines shall be at right angles to straight
streets, and radial to curved streets.
c.
Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets described in Subsection 16-7.1e, and except lots fronting on private roadways or easements; provided, however, that no such private roadway or easement shall be less than 15 feet in width nor more than 100 feet in length.
d.
Where
extra width has been dedicated for widening of existing streets, lots
shall begin at such extra width line, and all setbacks shall be measured
from such line.
e.
Where
there is a question as to the suitability of a lot or lots for their
intended use due to factors such as rock formation, flood conditions
or similar circumstances, the approving authority may, after adequate
investigation, withhold approval of such lots.
All streets shall be constructed in accordance with official
grades established by the borough engineer and shall conform to the
minimum specifications as commonly utilized by the borough and the
county unless specifications for thicker or stronger streets shall
be set by the borough engineer and be required by the approving authority
and governing body due to special soil or other conditions in the
area concerned. No street shall be approved unless all utilities available
for each prospective lot have been installed to a point inside the
curb line.
Bridges shall meet with the approval of the borough engineer.
Sanitary sewers and appurtenances, storm sewers and appurtenances
and water mains and appurtenances shall meet with the approval of
the borough engineer and shall conform with comprehensive plans for
these facilities in the borough.
Street lighting shall be installed in accordance with the “Recommended
Practice of Street and Highway Lighting” of the Illumination
Engineering Society (latest edition) or as required by the borough
engineer along the streets within and abutting the subdivision.
Street signs, curve signs, school crossing signs, and other
signs needed to regulate traffic or for warning purposes shall be
installed as specified by the borough engineer and director of the
public works department, of the same or equal quality, size and style
as those being erected by the borough at the time of the approval
of the subdivision.
Fire hydrants and control valves shall be installed not more
than 600 feet apart at proper locations to be determined by the borough
engineer and shall be painted in such colors so as to conform with
existing hydrants in the borough or as specified by the borough engineer.
Fire hydrants shall be of the same type and design as currently in
use by the borough fire department.
Monuments to be the size and shape required by Section 4 of
Chapter 358 of the Laws of 1953, as amended and supplemented, and
shall be placed in accordance with said statute.
Whenever any native vegetation such as bayberry bushes or trees,
cedar trees, holly trees, beach plums, etc., exist at the time of
application for a subdivision, such native vegetation will be left
intact insofar as is possible consistent with the intended construction
on or use of the tract following subdivision. This shall not be construed
to prohibit the normal maintenance of the grounds so as to render
the tract or portion thereof in a pleasing state of appearance to
both owner and community.
a.
In large-scale
development, easements along rear property lines or elsewhere for
utility installation may be required. Such easements shall be at least
15 feet wide and located in consultation with the companies or borough
departments concerned.
b.
Where
a subdivision is traversed by a water course, drainage way, channel
or street, there shall be provided a storm water easement or drainage
right-of-way conforming substantially with the lines of such water
course, and such further width or construction, or both, as will be
adequate for the purpose.
Bulkheads shall be constructed in accordance with the standards
of construction provided in applicable borough ordinances and State
statutes and amendments thereto.
For all major subdivisions, the applicant shall arrange with
the serving utility for the underground installation of the utilities
distribution supply lines and service connection in accordance with
the provisions of the applicable standard terms and conditions incorporated
as a part of its tariff as the same are then on file with the State
of New Jersey Board of Public Utility Commissioners, and shall submit
to the planning board and borough committee 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;
provided that in such subdivisions, lots which abut existing streets
where overhead electric or telephone distribution supply lines have
heretofore been installed on any portion of the streets involved may
be supplied with electric and telephone service from such overhead
lines or extensions thereof, but the service connections from the
utilities overhead lines shall be installed underground.
a.
In all
major subdivisions all subdivided lots and any required open space
shall be seeded with a suitable stabilizing ground cover approved
by the borough engineer. On any waterfront lots or open spaces the
approving authority may allow suitable stabilizing ground cover other
than seeding which is approved by the borough engineer.
b.
The approving
authority in appropriate cases may authorize a ground surface without
seeding or living ground cover.
No topsoil shall be removed from the site or used as spoil.
Topsoil moved during the course of construction shall be redistributed
so as to provide at least four inches of spread cover to all seeding
and planting areas of the subdivision and shall be stabilized by seeding
or planting. In the event the quantity of topsoil at the site is insufficient
to provide four inches of cover for all seeding and planting areas,
the developer shall provide and distribute a sufficient quantity of
topsoil to provide such a cover.
a.
No material,
debris or substance other than clean fill dirt shall be deposited
upon any lot within the borough nor shall the grade of any lot be
raised, or the lot filled in except with clean fill dirt as hereinafter
defined.
b.
For the
purposes of this section, “clean fill dirt” shall be defined
to mean earth, sand, clay, loam, gravel, humus or dirt of any nature
whatsoever free from rocks, boulders, concrete, tree stumps, felled
or uprooted trees or portions thereof, and all other incombustible
debris.
