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.
E. In the event there is a development which proposes
construction over a period of years, provisions ensuring the protection
of the interest of the public and the residents, occupants and owners
of the proposed development in the total completion of the development.
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.
E. Within the Pinelands Area, preliminary subdivision approval shall take effect as provided in Chapter
335, Zoning, of this Code.
[Added 2-14-1991 by Ord. No. 5-91]
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.
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.
[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.
[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.