A.
Each application for subdivision approval, when required
pursuant to Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), shall
be submitted by the applicant to the Ocean County Planning Board for
review or approval as required by the aforesaid section, and the Planning
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the Ocean County Planning
Board or approval by the Ocean County Planning Board by its failure
to report thereon within the required time period.
B.
The Planning Board, when acting upon an application
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval, if the literal
enforcement of one (1) or more of the provisions of this chapter is
impracticable or will exact undue hardship because of peculiar conditions
pertaining to the land in question.
C.
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 the
Municipal Land Use Act,[1] notice of the hearing on the plat shall include reference
to the request for such conditional use.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Planning Board shall consider applications
for subdivision approval if the detailed drawings, specifications
and estimates of the application for subdivision approval conform
to the standards established herein:
A.
The details of the subdivision application are in accordance with the standards of Chapter 335, Zoning, and any and all other ordinances of the Township of Lacey which may be in existence at the time of the application, and in harmony with the officially adopted comprehensive Master Plan of the Township of Lacey which may hereafter be adopted.
B.
The application complies with the requirements of
N.J.S.A. 40:55D-38.
C.
There are provisions, if required, for off-tract water, sewer, drainage and street improvements which are necessitated by the subdivision application, with any contributions for the cost of the same to be computed in accordance with N.J.S.A. 40:55D-42 and Chapter 215, Land Use Procedures, of this Code.
D.
Provisions for standards to encourage and promote
flexibility and economy in layout and design to the use of planned
unit development, planned unit residential development and residential
cluster, provided that such standards will be appropriate to the type
of development permitted and provided further that an ordinance shall
be adopted by the Township of Lacey setting forth the limits and extent
of any special provisions applicable to such planned developments.
A.
In the event an application is made for a minor subdivision as heretofore defined, the Planning Board or its Subdivision Committee may waive notice and public hearing for an application for such development upon a finding that the application for development conforms to the definition of "minor subdivision" as defined in N.J.S.A. 40:55D-5 and § 297-2 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or said Subdivision Committee may condition such final approval on terms ensuring compliance with the standards set forth in N.J.S.A. 40:55D-38 and § 297-4 above herein, and may further condition any such approval upon any guaranties and/or off-tract contributions which are to be computed and made in accordance with this chapter.
B.
Time periods.
(1)
Time for Planning Board to act. Minor subdivision
approval shall be granted or denied within forty-five (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. Failure of the Planning Board to act within the period
prescribed shall constitute minor subdivision approval, and a certificate
of the administrative officer as to the failure of the Planning Board
to act shall be issued on request of the applicant; and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval herein required, and shall be so accepted by the Ocean County
recording officer for purposes of filing subdivision plats.
(2)
Expiration of approval. Approval of a minor subdivision
shall expire one hundred ninety (190) days from the date of municipal
approval unless within such period a plat in conformity with such
approval and the provisions of the Map Filing Law, P.L. 1960, c. 141
(N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved
minor subdivision is filed by the developer with the county recording
officer, the Municipal Engineer and the Municipal Tax Assessor, provided
that any such plat or deed accepted for such filing shall have been
signed by the Chairman and Secretary of the Planning Board. The Planning
Board may, in its discretion, accept a plat not in conformity with
the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.),
provided that if the developer chooses to file the minor subdivision
as provided herein by plat rather than deed, such plat shall conform
with the provisions of said Act.
(3)
Term of approval. The zoning requirements and their
general terms and conditions, whether conditional or otherwise, upon
which minor subdivision approval was granted shall not be changed
for a period of two (2) years after the date of minor subdivision
approval, provided that the approved minor subdivision shall have
been duly recorded as provided by law.
C.
Minor subdivision plat details. The minor subdivision
plat, if submitted, shall be based on an actual survey of the tract(s)
to be subdivided, resubdivided or consolidated and shall show the
following information:
[Added 12-18-1980 by Ord. No. 32-80]
(2)
Graphic scale not less than one (1) inch equals one
hundred (100) feet.
(3)
Based on actual survey prepared by a land surveyor
licensed by the State of New Jersey.
(4)
Standard sheet sizes of fifteen by twenty-one (15
x 21) inches, twenty-four by thirty-six (24 x 36) inches or thirty
by forty-two (30 x 42) inches.
(5)
Existing and proposed lot lines with bearings and
dimensions must be shown.
(6)
Existing lot lines to be eliminated shall be shown.
(7)
Area of original tract to the nearest square foot
shall be shown.
(8)
Area of each proposed lot to the nearest square foot
must be shown.
(9)
All existing structures and uses shall be shown.
(10)
Shortest distance between any existing building and
a proposed or existing lot line shall be shown.
(11)
All streams, lakes and drainage rights-of-way within
the limits of the tracts being subdivided and within two hundred (200)
feet thereof, including the location and dimensions of all drainage.
(12)
Existing and proposed rights-of-way and easements
with and adjoining the tract with dimensions, existing driveways,
street names and the purpose for any easement. Sight triangles shall
be shown. Copies of deed restrictions must be submitted to the Planning
Board.
(13)
The name of the owner of the tract to be subdivided
and of all adjoining tracts 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; written scale; North
arrow; the date of the original drawing and the date and substance
of each revision.
(15)
The zoning district(s) in which the subject tract lie(s) and the zoning district(s) in which all immediately adjacent properties lie must be noted. The plat must show all front, side and rear yard setback lines on all proposed and existing lots within the proposed tract, conforming to Chapter 335, Zoning.[2]
[2]
Editor's Note: Former Subsection C(16), requiring
information regarding the owner, applicant and professional preparing
the plat, which immediately followed this subsection, was repealed
10-13-1983 by 0rd. No. 31-83.
(16)
A key map with a North arrow showing the entire development
and its relation to surrounding areas at a scale not less than one
(1) inch equals two thousand (2,000) feet.
(17)
If the application is or includes a lot consolidation
or is a resubdivision, it shall be so noted on the title block.
(18)
If the applicant is a contract purchaser of the subject
tract, it shall be so noted on the plat, and the approval of the record
owner of the tract shall be provided by a certification on the plat
duly executed and notarized.
(19)
The distance in feet to the nearest intersection shall
be noted.
(20)
The right-of-way width, pavement width and type, and
name of the street(s) on which the subject tract and all proposed
lots front shall be noted on the plat.
(21)
Appropriate signature blocks for approving signatures
of the Planning Board Chairman, Secretary (Coordinator) and Engineer
must be provided.
D.
Minor subdivisions, resubdivisions or consolidations,
filed by deed.
[Added 12-18-1980 by Ord. No. 32-80]
(1)
Under the provisions of N.J.S.A. 40:55D-47, the applicant
may elect to file a deed rather than a minor subdivision plat. Under
the following conditions, requirements for a minor subdivision, resubdivision
or consolidation may be waived by the Planning Board.
(a)
The application does not require any bulk variances
permitting nonconformances with current applicable lot requirements
of the zoning district in which the subject tract lies.
(b)
The application meets all criteria of a minor
subdivision, resubdivision or consolidation as set forth elsewhere
in this Code.
(2)
An application for minor subdivision, resubdivision
and/or consolidation is subject to the same application procedures
as an application by plat, including the application fee and application
time periods. An application for minor subdivision, resubdivision
and/or consolidation must include the following items:
(a)
Deed(s) of subdivision, resubdivision or consolidation
for each lot created. Such deeds shall be in proper form and contain
a metes and bounds description of the lot created. The deed must contain
provision for the approval signatures of the Planning Board Chairman,
Secretary and Engineer.
(b)
The deed(s) must be accompanied by a survey
map of the tract to be subdivided, prepared and certified by a New
Jersey licensed land surveyor and shall contain all information as
required by N.J.S.A. 45:8-28 and, in addition, shall show the following
information:
[1]
All proposed new lot lines and/or lot lines
to be eliminated.
[2]
The areas of the existing tract and proposed
new lots.
[3]
The location of all existing structures on the
subject tract and the setback distances of all structures from any
existing or proposed lot line.
[4]
All setback lines as per the current requirements
of the zoning district in which the subject tract lies.
A.
The developer shall submit to the Planning Board a plat in compliance with §§ 297-23 and 297-24 herein. However, a minor subdivision as defined above herein shall not be subject to this section. In the event that the application for development is found to be incomplete, the developer shall be notified of the deficiencies thereof in writing, within forty-five (45) days of submission of such application by the Planning Board Coordinator, or said application shall be deemed to be properly submitted.
[Amended 12-18-1980 by Ord. No. 32-80]
B.
In the event that the Planning Board or its engineer requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of an original application for development. The Planning Board shall, if the proposed subdivision complies with this chapter and with N.J.S.A. 40:55D-1 et seq., grant preliminary approval of the subdivision. If the application, upon review by the Planning Board Engineer, is deemed to be incomplete in the engineering information presented, the developer shall be required to make application for resubmission of the upgraded preliminary plat submission and shall be required to post the required resubmission fee as set forth in Chapter 211, Land Development Fees, to defray the additional review costs required.
[Amended 12-18-1980 by Ord. No. 32-80]
C.
Upon submission to the Planning Board Coordinator
of a complete application for a subdivision of ten (10) or fewer lots,
the Planning Board shall grant or deny preliminary approval within
forty-five (45) days of the date of such submission or within such
further time as may be consented to by the developer. Upon the submission
of a complete application for a subdivision of more than ten (10)
lots, the Planning Board shall grant or deny preliminary approval
within ninety-five (95) days of the date of such submission or within
such further time as may be consented to by the developer. Otherwise,
the Planning Board shall be deemed to have granted preliminary approval
of the subdivision.
Preliminary approval of a major subdivision
pursuant to this chapter shall, except as provided for herein, confer
upon the applicant the following rights for a three-year period from
the date of preliminary approval:
A.
The general terms and conditions on which preliminary
approval were 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.
Nothing herein shall be construed so as to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
B.
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, as the case
may be.
C.
The applicant may apply for and the Planning Board
may grant extensions on such preliminary approval for additional periods
of at least one (1) year but not to exceed a total extension of two
(2) years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
D.
In the case of a subdivision of an area of fifty (50) acres or more, the Planning Board may grant the rights referred to in Subsections A, B and C above for such period of time, longer than three (3) years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and the nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
Final approval of major subdivisions shall be
as follows:
A.
The Planning Board shall grant final approval if the
detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval, the conditions of preliminary approval and the
standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.), provided that in the case of a planned unit development,
planned unit residential development or residential cluster, the Planning
Board may permit minimal deviations from the conditions of preliminary
approval necessitated by a change of conditions beyond the control
of the developer since the date of preliminary approval without the
developer being required to submit another application for development
for preliminary approval.
B.
Final approval shall be granted or denied within forty-five
(45) days after submission of a complete application to the Planning
Coordinator or within such further time as may be consented to by
the applicant. Failure of the Planning Board to act within the period
prescribed shall constitute final approval, and a certificate of the
administrative officer as to the failure of the Planning Board to
act shall be issued on request of the applicant; and it shall be sufficient
in lieu of written endorsement or other evidence of approval herein
required, and shall be so accepted by the Ocean County recording officer
for purposes of filing subdivision plats.
C.
Whenever review or approval of the application by
the Ocean County Planning Board is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.3), the Municipal Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the Ocean County Planning Board or approval
by the Ocean County Planning Board by its failure to report thereon
within the required time period.
A.
The Planning Board may condition final subdivision
plat approval upon or, as a condition to the issuance of a zoning
permit in accordance N.J.S.A. 40:55D-65(d), the Planning Board may
require and shall accept in accordance with the standards adopted
herein for the purposes of assuring the installation or maintenance
of on-tract improvements:
(1)
The furnishing of a performance guaranty in favor
of the Township of Lacey in an amount not to exceed one hundred twenty
percent (120%) of the cost of installation for improvements it may
deem necessary or appropriate, including streets, grading, pavements,
gutters, curbs, sidewalks, streetlighting, shade trees, surveyors'
monuments as shown on the final map and required by the Map Filing
Law, P.L. 1960, c.141 (N.J.S.A. 46:23-9.9 et seq.), 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 spaces, landscaping and any other on-site improvements
as may be reasonably required by the Planning Board. The Township
Engineer shall review the improvements required by the Planning Board
which are to be bonded and itemize their cost. Said itemization shall
be the basis for determining the amount of performance guaranty and
maintenance guaranty required by the Planning Board. The Township
Engineer shall forward his estimate of the cost of improvements to
the applicant within thirty (30) days of the date of receipt of the
request, sent by certified mail, for said estimate.
[Amended 3-17-1978]
(2)
Provision for a maintenance guaranty to be posted
with the Township of Lacey for a period not to exceed two (2) years
after final acceptance of the improvement, in an amount not to exceed
fifteen percent (15%) of the cost of 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 guaranty, as the case may be, shall
be required by Lacey Township for such utilities or improvements.
B.
The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by the Township Committee by resolution. As a condition or as part
of any such extension, the amount of any performance guaranty shall
be increased or reduced, as the case may be, to an amount not to exceed
one hundred twenty percent (120%) of the cost of the installation,
as determined as of the time of the passage of the resolution.
[Amended 3-17-1978; 12-18-1980 by Ord. No.
32-80]
C.
In the event the required improvements are not completed
or corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the municipality for
the reasonable costs of improvements not completed or corrected, and
the municipality may, either prior to or after the receipt of the
proceeds thereof, complete such improvements.
D.
Upon substantial completion of all required appurtenant
utility improvements and the connection of same to the public system,
the obligor may notify the governing body, in writing, by certified
mail addressed in care of the Municipal Clerk, of the completion or
substantial completion of improvements and shall send a copy thereof
to the Township Engineer. Therefore, the Township Engineer shall inspect
all improvements for which such notice has been given and shall file
a detailed report, in writing, with the governing body, indicating
either approval, partial approval or rejection of such improvements
with a statement of reasons for any rejection. The cost of the improvements
as approved or rejected shall be set forth.
[Amended 3-17-1978; 12-18-1980 by Ord. No.
32-80]
E.
The governing body shall either approve, partially
approve or reject the improvements on the basis of a report of the
Township Engineer and shall notify the obligor, in writing, by certified
mail, of the contents of said report and the action of said approving
authority with relation thereto, not later than sixty-five (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 his performance guaranty,
except for that portion adequately sufficient to secure completion
of the improvements not yet approved, provided that thirty percent
(30%) of the amount of the performance guaranty posted may be retained
to ensure completion of all improvements. The failure of the governing
body to send or provide such notification to the obligor within sixty-five
(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 said performance guaranty.
[Amended 3-17-1978; 12-18-1980 by Ord. No.
32-80]
F.
If any portion of the required improvements is rejected,
the Planning Board may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
above shall be followed.
G.
Nothing herein shall be construed to limit the right
of the obligor to contest by legal proceedings any determination by
the governing body or by the Township Engineer.
[Amended 3-17-1978]
H.
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Township Engineer for the foregoing
inspection of improvements, provided that the municipality may require
of the developer a deposit for all or a portion of the reasonably
anticipated fees to be paid to the Township Engineer for such inspection.
[Amended 3-17-1978; 12-18-1980 by Ord. No.
32-80]
I.
In the event that final approval is by stages or sections
of development pursuant to sections set forth in N.J.S.A. 40:55D-38,
as amended, the provisions of this section shall be applied by stage
or section.
[Added 12-18-1980 by Ord. No. 32-80]
A.
In the event that it is determined that the application
for final subdivision approval by the developer requires off-tract
improvements, the contributions thereon shall be determined pursuant
to the provisions of N.J.S.A. 40:55D-42.
B.
All major subdivisions and developments are subject
to an assessment by the Township of Lacey, as determined by the Planning
Board Engineer and based upon the most current assessment rate for
the drainage basin, as delineated by the Lacey Township Master Drainage
Plan. If it is determined that the proposed major subdivision or development
is designed in such a manner that no stormwater runoff from the tract
will be contributed to or handled, disposed of or otherwise affect
a storm drainage system of the Township of Lacey, it shall be exempt
from any off-tract drainage assessment by the Township of Lacey. Should
it be determined that only a portion of the proposed tract, development
or major subdivision contributes runoff to a Township drainage basin,
then the off-tract drainage assessment will be based on that area
of the tract actually draining to the Township drainage basin.
[Added 12-18-1980 by Ord. No. 32-80]
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54 and § 297-12 of this chapter or any amendments thereto. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required by law, the Planning Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval granted pursuant to this chapter.
B.
In the case of subdivision for a planned unit development, planned unit residential development or residential cluster of fifty (50) acres or more or a conventional subdivision of one hundred fifty (150) acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for a period of time longer than two (2) years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. 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:
A.
Expiration of final approval.
(1)
Final approval of a major subdivision shall expire
ninety-five (95) days from the date of signing of the plat unless
within such period the plat shall have been duly filed by the developer
with the Ocean County recording officer. The Planning Board may, for
good cause shown, extend the period for recording for an additional
period not to exceed one hundred ninety (190) days from the date of
signing of the plat.
(2)
Final approval of a minor subdivision shall expire
one hundred ninety (190) days from the date of Planning Board approval
unless within such period a plat in conformity with such approval
and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.), or a deed clearly describing the approved minor
subdivision is filed by the subdivider with Ocean County Clerk's office.
[Added 12-18-1980 by Ord. No. 32-80]
B.
No subdivision plat shall be accepted for filing by
the Ocean County recording officer until it has been approved by the
Planning Board as indicated on the instrument by the signature of
the Chairman and Secretary of the Planning Board or a certificate
has been issued pursuant to this chapter. The signatures of the Chairman
and Secretary of the Planning Board shall not be affixed until the
developer has posted the guaranties required. If the Ocean County
recording officer records any plat without such approval, such recording
shall be deemed null and void and, upon request of the municipality,
the plat shall be expunged from the official record.
C.
It shall be the duty of the Ocean County recording
officer to notify the Planning Board in writing within seven (7) days
of the filing of any plat, identifying such instrument by its title,
date of filing and official number.
Not less than two (2) weeks prior to the regular
meeting of the Planning Board, the subdivider shall file with the
Planning Coordinator of the Planning Board at least nine (9) black-on-white
prints of the minor subdivision map (for a minor subdivision) or of
the preliminary plan (for a major subdivision) of the proposed subdivision
for purposes of classification and preliminary discussion, together
with the completed application on a form provided by the Board, and
also the proper fees as provided for in this chapter.
All applications shall be submitted to the Planning
Coordinator of the Planning Board, who shall classify and secure either
Planning Board or Site Plan Committee approval as to the classification.
Before granting approval for a minor subdivision
or the granting of preliminary or final approval of a major subdivision
by the Planning Board or the Subdivision Committee, there shall be
a review of developments completed or under construction in the Township
of Lacey by the subdivider and a review of his record with respect
to the same to determine whether the subdivider has conducted his
operations in a manner to best serve the residents of said development,
as well as the Township, and in compliance with previous approvals
heretofore given.
A.
The subdivider must first receive notification from
the Planning Coordinator that his submission with respect to the preliminary
approval is perfected before the subdivider may give notification
to property owners pursuant to the provisions of this chapter.
[Amended 12-18-1980 by Ord. No. 32-80]
B.
In the case of a submission of a preliminary plat
for major subdivision approval, there shall be filed within the time
provided for herein, and with the required fee, nine (9) prints of
the map showing plans and profiles of all improvements, together with
one (1) completed application form for preliminary approval submitted
by the developer.
C.
Within the Pinelands Area, a certificate of filing, pursuant to Chapter 335, Zoning, of this Code, shall be required before the application is deemed complete. [1]
[Added 2-14-1991 by Ord. No. 5-91]
[1]
Editor's Note: Former § 93-18, Tentative
approval of preliminary plat, as amended, which immediately followed
this section, was repealed 12-18-1980 by Ord. No. 32-80.
[Added 5-14-1987 by Ord. No. 14-87]
A.
A grading plan prepared by a New Jersey licensed professional
engineer shall be submitted with the application. The grading plan
shall indicate the following:
(1)
Existing elevations of the subject property within
a ten-foot radius of the property lines of the subject property.
(2)
Proposed grades and elevation for all proposed lot
grading, finished floor elevations and modifications to surface runoff
patterns.
(3)
Directions of flow for all stormwater runoff from
the subject lot.
(4)
Determination as to the impact that proposed construction
and lot regrading will have upon downstream and adjacent properties.
(5)
Methods or provisions to abate or prevent any adverse
surface drainage impacts or conditions to downstream and adjacent
lots.
B.
Under no circumstances shall the subdivision tract
or any individual lots within the development be graded in such a
manner as to redirect stormwater runoff onto adjacent and/or downstream
properties, accelerate the velocity of flow of stormwater runoff or
cause an increase in the volume of stormwater runoff which flows onto
adjacent lands under natural conditions and in excess of the volume
of runoff which would be generated from the subject property in its
undeveloped or existing state.
C.
Certification. Prior to the issuance of any certificate
of occupancy to any dwelling, the developer or holder of the building
permit shall cause to have the lot grading plan certified by a New
Jersey licensed professional engineer that the final as-built grading
of the lot is in compliance with the approved grading plan.
D.
Grading standards. All lot grading plans shall conform
to the following standards, and all lots shall be graded in accordance
with the following requirements:
(1)
The lowest floor of any structure, including garage floors, first floors or any floor area intended as usable space, other than area conforming to the definitions set forth in the BOCA Code, Chapter 335, Zoning, of the Lacey Township Code and defined as "basement" or "cellar," shall be not less than eighteen (18) inches above the center-line elevation of the abutting street(s).
(2)
No lot shall be graded or regraded in such a manner
as to direct surface runoff to downstream or abutting properties.
(3)
Any swale intended to convey stormwater runoff shall
be specifically delineated on the grading plan. A typical swale section,
profile grades and calculations indicating the capacity of the swale
shall be provided and certified by a New Jersey licensed professional
engineer. All swales shall be constructed in strict compliance with
the following standards:
(a)
All swales shall be constructed to a parabolic
cross section.
(b)
No swale shall have a side slope greater than
one-half (1/2) inch of rise or fall per foot of width as measured
from the top of the slope to the center line of the swale invert unless
specifically approved by the Planning Board.
(c)
All swales shall be designed, constructed and
stabilized in accordance with the requirements of the Ocean County
Soil Conservation District.
(d)
Swales shall have a minimum longitudinal or
profile gradient to provide a positive flow of stormwater in the swale
and prevent stagnation of water in the swale.
(e)
No swales shall be designed in such a manner
as to make a point discharge of stormwater runoff onto adjacent or
downstream lands.
(f)
Swales shall not discharge into high groundwater,
inland freshwater or coastal wetlands or other environmentally sensitive
areas unless specific approval of all outside agencies has been obtained.
(g)
No swale shall be designed or constructed to
discharge directly onto a public street unless specifically approved
by the Director/Superintendent of Public Works or the entity holding
jurisdiction over the public street and submission of a certification
by a New Jersey licensed professional engineer as to the adequacy
of the street gutter and storm drainage system to accept the additional
flow of stormwater with no adverse impact to downstream lands.
(4)
All lots, open spaces and planting areas shall be
graded to secure proper drainage and to prevent the collection of
stormwater. Grading shall be performed in a manner which will minimize
the damage to or destruction of trees growing on the land. Topsoil
shall be provided or redistributed on the surface as cover and shall
be stabilized by seeding, sodding or planting.
(5)
All tree stumps, masonry and other obstructions shall
be removed to a depth of two (2) feet below existing or finished grade,
whichever is lower.
(6)
The subdivider shall take all necessary precautions
to prevent any siltation of streams during the construction of the
subdivision. The subdivider shall provide adequate material in any
stream or watercourse. Such provisions may include, but not be limited
to, construction and maintenance of siltation basins or holding ponds
and diversion berms throughout the course of construction and planting
area.
(7)
Retaining walls. When no other alternatives exist
and natural topography dictates the use of retaining walls, complete
design plans, including all construction details, design calculations,
soil borings and soil data certified by a New Jersey licensed professional
engineer, must be submitted. All retaining walls shall be designed
such that the height of the retaining walls shall not exceed one-third
(1/3) of the horizontal distance measured from the base of the retaining
wall to any building.
E.
Lot grading plans. The grading plan shall be certified
by a New Jersey licensed professional engineer and shall conform to
the following requirements:
(1)
Any easement or land reserved for or dedicated to
the public use shall be designated, and the proposed use of sites
other than residential shall be noted.
(2)
Each block and each lot shall be numbered in accordance
with a scheme approved by the Tax Assessor.
(3)
All municipal boundary lines crossing or adjacent
to the territory intended to be subdivided shall be shown and designated.
(4)
The names of adjoining subdivision, if any, and the
file number of the recording or the names of the owners of adjacent
properties shall be shown.
(5)
All natural and artificial watercourses, streams,
shorelines, water boundaries and encroachment lines existing or dedicated
on or adjacent to the tract shall be shown.
(6)
The final plat shall indicate the zone, tract acreage,
the required minimum lot area, front, side and rear yard setback lines
and the lot line dimensions and areas of each lot being created by
the proposed subdivision.
(7)
Final grading plan(s) shall be at a scale of not greater
than one (1) inch equals fifty (50) feet horizontally, shall accompany
the final plat and show the following information:
(a)
Grading plan showing existing and proposed grading
contours at intervals of one (1) foot throughout the tract, except
that, if slopes exceed five percent (5%), an interval of two (2) feet
is permissible. Datum shall be National Geodetic vertical datum, and
source of datum shall be noted.
(b)
Proposed spot or finished elevation at all property
corners, curb opposite property corners, first floor elevation of
all proposed structures or dwellings and drainage arrows designating
direction of overland drainage flow on each lot.
(c)
Grate elevations of all storm inlets.
(d)
Slope, direction of flow and typical section
for all streams, swales and ditches.
(e)
All center-line and gutterline elevations of
each street at a maximum interval of fifty (50) feet.
(f)
The tops of the banks and boundaries of the
floodways and flood hazard areas of all existing watercourses, where
such have been delineated, or the limits of alluvial soil where the
boundaries of floodways and flood hazard areas have not been determined
and/or such other information.
F.
Deed covenants and notice. The subdivider shall provide
deed covenants for every lot within the major subdivision requiring
all lot owners to adhere to the approved grading plan. Any deviations
shall be subject to approval by the Planning Board. The proposed deed
covenant shall be submitted to the Planning Board for approval. A
Mylar reproducible of the grading plan shall be filed with the Lacey
Township Planning Board, Lacey Township Construction Official and
Ocean County Clerk's office with the filed map.
In no case shall a building permit be issued
prior to final approval. Before he issues a building permit, the Township
Construction Officer shall obtain a copy of the recorded plat bearing
the file number and date filed with the County Clerk.
[Amended 3-17-1978]
Prior to the issuance of an occupancy permit,
the Construction Officer shall obtain in writing the approval of the
Township Engineer that all required improvements have been installed.
In the event that said improvements are not completed, the Construction
Official shall consult with the Planning Board to gain permission
to issue a certificate of occupancy.
A.
The final plat shall be submitted to the Planning
Coordinator of the Planning Board, together with an appropriate application
and filing fee, for presentation to the Planning Board within the
time provided by this chapter.
B.
The original tracing of five (5) black-and-white prints
and three (3) copies of the application form for final approval shall
be submitted to the Planning Coordinator of the Planning Board at
least twelve (12) days prior to the date of the next regularly scheduled
Planning Board meeting. Unless the preliminary plat is approved without
changes, the final plat shall have incorporated all changes and modifications
required by the Board. After filing of the final plat with the Ocean
County Clerk, the developer shall supply the Planning Board with one
(1) translucent, two (2) cloth and three (3) paper prints bearing
the file number and date of filing.
C.
The final plat shall be accompanied by a statement
by the Township Engineer that he is in receipt of a map showing all
utilities in exact location and elevation, identifying those portions
already installed and those to be installed, and that the subdivider
has complied with one (1) or both of the following:
[Amended 3-17-1978]
D.
The applicant shall provide a certificate of title
by a recognized title company and examples of any proposed covenants
and restrictions to be contained in deeds for the sale of said lots.
E.
In the event that grades have not been established
with respect to the installation of water mains and/or sanitary sewers
at the time of the filing of the application, the applicant shall
pay to the Township of Lacey by certified check an amount equal to
the cost of the improvement as determined by the Township Engineer.
This sum shall be held in trust by the Township of Lacey, to be expended
and used only for the construction of said improvements. Any balance
remaining after completion of construction shall be returned to the
applicant without interest. [1]
[Amended 3-17-1978]
[1]
Editor's Note: Former Subsection F, which
pertained to deferral of the construction of the water and/or sewer
lines and immediately followed this subsection, as amended, was repealed
12-18-1980 by Ord. No. 32-80.
F.
All approval of maps and plans by the Lacey Township
Planning Board shall be with the understanding that if the developer
shall fail to comply with any of the conditions of the bond or bonds,
the Township of Lacey will not be required to issue any further building
permits after such failure of compliance is known to Township officials,
and the Construction Official or Planning Board Coordinator may call
back all building permits for buildings being constructed or to be
constructed at such time as lack of compliance and stop notices may
be placed on such buildings or dwellings for which permits have been
issued.
G.
In addition to the requirements for adequate and proper
drainage of the area comprising any particular subdivision as otherwise
provided for herein, provision shall also be made for the disposition
of stormwater runoff from said subdivision to an outlet of final disposal,
such as a river, stream, lagoon or storm sewer. The Planning Board
engineer shall determine the drainage basin or area of which the particular
subdivision is a part and shall apportion among all of the landowners
thereof the fair and reasonable costs of ultimately providing sufficient
drainage to the said basin or area. As a condition precedent to final
approval of any subdivision, there shall be paid to the Township of
Lacey in cash such sum as shall have been determined by the Planning
Board Engineer to be the proportionate cost of providing for the disposition
of the stormwater runoff caused by such developer.
H.
For the purpose of computing the effective date of
submission, such date shall be defined as the date upon which the
Planning Board has officially declared the submission to be perfected.
A.
When applying for a final subdivision, the applicant
must specify those roads which he intends to use for traffic to and
from the subdivision. Only those roads approved by the Planning Board
will be allowed for vehicular traffic into and servicing the subdivision
prior to acceptance.
B.
Should the major subdivision propose to incorporate any existing roads presently shown on the Tax Map of the Township of Lacey, the road(s) must be clearly shown on the preliminary map, and the width of right-of-way, pavement width, if improved, and details regarding all existing improvements must be noted on the preliminary plat. If the existing road or roads are not improved, the developer will be required to construct, at his expense, all required road improvements in accordance with the current standards for road construction as set forth in § 297-36 of this chapter or as otherwise directed by the Planning Board.
[Added 12-18-1980 by Ord. No. 32-80]
[Amended 12-18-1980 by Ord. No. 32-80]
Upon final approval and signing of the final
plat by the Planning Board Chairman, Secretary (or Coordinator) and
Engineer, the applicant shall provide the Planning Board Secretary
with one (1) duplicate Mylar and six (6) paper prints of each sheet
of the final plat and final construction plans.
