Subject to the requirements and procedural provisions of Article V of this chapter, all applications for approval of subdivision of land and for approval of site plans shall be governed by the provisions of this article.
A.
Informal review. At the request of the developer the
Planning Board shall grant an informal review of a concept plan for
a development for which the developer intends to prepare and submit
an application for development. The developer shall not be required
to submit any fees for such an informal review. The developer shall
not be bound by any concept plan for which review is requested, and
the Planning Board shall not be bound by any such review.
[Amended by Ord. No. 3-80]
B.
Exceptions from requirements. The Planning Board when
acting upon applications for preliminary or minor subdivision approval
or upon applications for preliminary site plan approval shall have
the power to grant such exemptions from the requirements for approval
as may be reasonable and within the general purpose and intent of
the provisions for preliminary or minor subdivision or preliminary
site plan approval, if the literal enforcement of one or more provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the plan in question.
C.
Simultaneous review. The Planning Board shall have
the power to review and approve or deny conditional uses or site plans
simultaneously with review for subdivision approval without the developer
being required to make further application to the Planning Board or
the Planning Board being required to hold further hearings. The longest
time period for action by the Planning Board whether it be for subdivision,
conditional use or site plan approval shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
subsection, notice of the hearing on the plat shall include reference
to the request for such conditional use.
D.
The review by the Planning Board of a conditional
use shall include any required site plan review.
E.
Substantial change after hearing. If the Planning
Board requires any substantial amendment in the layout or 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.
F.
Disclosure requirements. The developer shall make
the disclosure requirements concerning the percentage of ownership
of stock in a corporation or the percentage of ownership of a partnership
as required by N.J.S.A. 40:55D-48.1 et seq.
G.
Distribution of signed plats and site plans. After
approval and signing of a minor plat, preliminary plat or final plat
of a subdivision or preliminary site plan or final site plan, copies
thereof shall be sent by the Administrative Secretary to the County
Planning Board, the Sewerage Authority, the Board of Health, the Construction
Official, the Borough Engineer and the Tax Assessor.
H.
Conditional approvals. If required approvals from other government agencies outside of the jurisdiction of the Borough of Eatontown have not been received prior to the reviewing board's approval of an application for development, such approval may be conditioned upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other-government agencies have been received. If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board to an extent that the Borough Engineer determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the reviewing board and pay the fees for such revised approval set forth in Article XIII of this chapter.
I.
Applications involving residential clusters, business
parks, industrial parks, or office commercial parks. If the application
is for a development involving a residential cluster, business park,
industrial park, or office commercial park, the following provisions
shall apply:
(1)
The applicant shall submit, together with or in advance
of the application and other required documents, a document containing
an explanation of the expected flexibility and economy in layout and
design for the residential cluster, industrial park, or office commercial
park development and the appropriateness of the development in reference
to the development otherwise permitted in the zone. Such a document
should outline the applicant's position with respect to the setting
aside of open space, the amount and location of any common open space,
density transfer and allocation, and any timing requirements. The
applicant is encouraged to submit as much information as possible
relative to the above subjects to promote prompt mutual agreement
between the applicant and the Planning Board prior to preliminary
approval.
(2)
Findings for residential cluster, business park, industrial
park or office commercial park development. Prior to approval of residential
cluster, business park, industrial park, or office commercial park
developments, the Planning Board shall find the following facts and
conclusions:
[Amended by Ord. No. 6-92]
(b)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate.
(c)
That provisions of the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic, and the amenities of light and air, recreation
and visual enjoyment are adequate.
(d)
That the proposed residential cluster, industrial
park or office commercial park development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(e)
In the case of a proposed development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and of
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
(3)
Any such residential cluster, business park, industrial park, or office commercial park development must conform to the design standards as applicable to such development as set forth in Article IX of this chapter and particularly with reference to the open space provisions thereof.
[Amended by Ord. No. 6-92]
J.
Deviation from final plan. The Planning Board may permit a deviation from the final subdivision plat or final site plan, if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Zoning Ordinance (Article VII of this chapter).
A.
The following requirements shall be submitted to the
Administrative Secretary:
(1)
Twelve copies of the application, 12 copies of the
plat and one electronic submission, meeting the requirements set forth
below.
[Amended 7-25-2012 by Ord. No. 18-2012]
(2)
A certificate of title which may be in letter form
signed by a member of the New Jersey Bar, or by a title officer or
authorized agent of a title insurance company licensed to do business
in the State of New Jersey, which certificate shall confirm that the
owner of the premises in question is the owner as shown on the plat.
(3)
Other submittals that may be required by the Planning
Board Engineer, Planning Board or federal, state or local law.
(4)
The application for development for a minor subdivision
shall include a request for the granting of any variances required
or other approvals required from the Planning Board.
(5)
If the developer is not the owner shown on the subdivision
plat, the developer shall furnish a copy of the option or contract
which shows his interest in the land, or certification by the owner
setting forth the developer's right to proceed on the application.
B.
Plat requirements.
(1)
General requirements. The plat for a minor subdivision shall be drawn at a scale of not less than 50 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey,[1] as amended and supplemented, and shall include or be accompanied
by the information specified below:
(a)
All dimensions, both linear and angular, of
the exterior boundaries of the subdivision, all lots and lands reserved
or dedicated for public use shall balance and their descriptions shall
close within a limit of error of not more than one part in 10,000.
(b)
The minor subdivision shall be based upon a
current boundary survey certified to the subdivider and prepared or
recertified not less than 12 months prior to the date of application.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
Title block. The title block shall appear on all sheets
and include:
(a)
Title of "Minor Subdivision."
(b)
Name of the subdivision, if any.
(c)
Tax Map sheet, block and lot number(s) of the
tract to be subdivided as shown on the latest Borough Tax Map, the
date of which shall also be shown.
(d)
Acreage of the tract being subdivided to the
nearest 1/10 of an acre.
(e)
Names and addresses of owner and subdivider
so designated.
(f)
Date (of original and all revisions).
(g)
Name(s), signature(s), address(es) and license
number(s) of the engineer and/or land surveyor who prepared the map
and made the survey (the plat shall bear the embossed seal of said
engineer and/or land surveyor).
(h)
Detailed information:
[1]
A key map (at a scale of not less than one inch
equals 800 feet) showing the location of the tract to be subdivided
with reference to surrounding areas, existing streets which intersect
or border the tract, the names of all such streets and any zone boundaries
and Borough boundary which is within 500 feet of the subdivision.
The intent of the key map is to permit determination of the location
of the tract relating to the overall Borough and neighborhood area.
Dimensions and reference points provided should facilitate this.
[2]
The names of all owners of and property lines
of parcels adjacent to the land to be subdivided, including properties
across the street, as shown by the most recent records of the Borough
of Eatontown or of the municipality of which the property is a part.
[3]
All zone boundaries and Tax Map sheet, lot and
block numbers, existing streets and watercourses as indicated in the
Eatontown Master Drainage Plan, within 200 feet of the boundaries
thereof. Both the width of the paving and the width of the right-of-way
of each street, existing public easements and Borough borders within
200 feet of the subdivision shall be shown.
[4]
All existing structures, with an indication
of those which are to be destroyed or removed, and the front, rear
and side yard dimensions of those to remain, referenced to proposed
lot lines.
[5]
All proposed public easements or rights-of-way
and the purposes thereof.
[6]
The existing system of drainage of the subdivision
and of any larger tract of which it is a part, together with information
on how it is proposed to dispose of surface drainage, including location
and sizes of proposed pipes, ditches, culverts, detention basins,
etc.
[7]
All proposed lot lines and the areas of all
lots in square feet. The areas and dimensions specified shall be shown
to the nearest 1/100 of a square foot or 1/100 of a linear foot.
[8]
North arrow.
[9]
Written and graphic scales.
[10]
A copy of any existing or proposed covenants
or deed restrictions applying to the land being subdivided or certification
that none exist.
[11]
Proposed lot and block numbers approved by the
Borough Tax Collector.
[a]
Such other information as the Planning
Board and/or Engineer may require or request during the review of
the application for classification and approval as a minor subdivision.
[12]
(Reserved)
[13]
Each application for a nonresidential use which
utilizes 1,000 square feet or more of land must include provisions
for the collection, disposition and recycling of recyclable materials.
Each application shall quantify the amount of recyclable material
it will generate as part of its weekly generation including newspapers,
white high-grade paper, glass, aluminum, cardboard, tin and bimetal
cans. The application shall provide a storage area sized to contain
one week's recyclable material. The storage area shall be designed
for truck access for pickup of materials and be suitably screened
from view if located outside a building.
[Amended by Ord. No. 23-88]
C.
Referral to Subdivision Committee. Upon a referral
from the Board to the Subdivision Committee, said Committee in accordance
with the definition of a minor subdivision shall either classify the
application as a minor subdivision or as a major subdivision. The
Committee shall refer this application to the Board with its recommendations
for consideration.
D.
Conditions of approval. Any approval of an application
for development for a minor subdivision granted by the Planning Board
shall be subject to the following conditions being satisfied prior
to signing of the plat or issuance of the development permit:
(1)
Installation of any improvements or posting of performance
guarantees for the installation of any improvements required by the
Planning Board.
(2)
Payment of any outstanding real estate taxes.
(3)
Monmouth County Planning Board approval, if not previously
granted.
(4)
Submission of one translucent, two cloths and eight
prints of the plat map and attachments for distribution, if required.
(5)
Publication of a notice of the decision by the applicant.
(6)
Any other conditions which may be imposed by the Planning
Board or which may be required by federal, state or local law.
E.
Certification.
(1)
In the event that the application for development
for a minor subdivision is approved, a certification to that effect
in the following form shall be endorsed on the translucent, cloths
and all the prints:
|
"Classified and approved as a minor subdivision
by the Eatontown Planning Board on ________________________
| ||
|
Chairman
| ||
|
Attest:
| ||
|
Secretary
| ||
|
Date:
| ||
|
This plat (or deed describing the subdivision)
must be filed in the office of the Clerk of Monmouth County on or
before which date is 190 days after approval as a minor
subdivision by the Borough of Eatontown Planning Board.
| ||
|
Secretary"
| ||
(2)
Said original translucent, cloths and prints shall
be signed by the Chairman and Secretary or Assistant Secretary of
the Planning Board and the Borough Engineer (as to the Map Filing
Law[2] certification) only after they receive a certification
from the Administrative Secretary that the conditions of approval
have been satisfied.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
F.
Filing of approved plat. Approval of a minor subdivision
shall expire 190 days from the date of approval by the Planning Board
unless within such period a plat signed by the Chairman and Secretary
of the Planning Board in conformity with such approval and the Map
Filing Law (N.J.S.A. 46:23-9.9) 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. The
Planning Board may in its discretion accept a plat not in conformity
with the Map Filing Law for review, but the plat must conform to the
Map Filing Law if filed in lieu of a deed. The applicant shall within
one week after filing the plat or deed notify in writing the Borough
Engineer and Tax Assessor of the date of the filing of the subdivision
with the County Recording Officer and the case and sheet of the final
plat or the book and page number of the recorded deed.
A.
Required documents. The following documents and submissions
shall be supplied to the Administrative Secretary in proper form:
(1)
Twelve copies of the application, 12 copies of the
plat and one electronic submission, meeting the requirements set forth
below.
[Amended 7-25-2012 by Ord. No. 18-2012]
(2)
Copy of application for granting of a CAFRA permit,
where required and if submitted.
(3)
Application for floodplain encroachment permit where
applicable.
(4)
Required application fees.
(5)
Other submittals which may be requited by the Planning
Board Engineer, Planning Board or federal, state or local law.
(6)
A description of all necessary off-tract improvements
if any.
(7)
The application for a preliminary plat of a major
subdivision shall include a request for the granting of any variances
required or other approvals required from the Planning Board.
(8)
If the developer is not the owner shown on the subdivision
plat, the developer shall furnish a copy of the option or contract
which shows his interest in the land, or certification by the owner
setting forth the developer's right to proceed on the application.
[Amended by Ord. No. 11-79]
(9)
A certificate of title that may be in letter form
signed by a member of the New Jersey Bar or by a title officer or
authorized agent of a title company licensed to do business in this
state which certificate shall confirm that the owner of the premises
in question is the owner as shown on the plat.
B.
Plat requirements.
(1)
General requirements. All plats containing proposals
or designs for drainage, streets and subdivision layouts shall be
prepared by a professional engineer licensed to practice in the State
of New Jersey and shall bear the address, signature, embossed seal
and license number of said professional engineer. The preliminary
plat shall be based on a land survey conducted not more than five
years prior to the date of application and certified to the subdivider
and shall be drawn at a scale of not less than 100 feet to the inch
for subdivisions up to 100 acres in size, and not less than 200 feet
to the inch for subdivisions over 100 acres in size, and shall show
or be accompanied by the following specified information, and the
design information and submissions required by the provisions of the
design standards portion of this chapter shall accompany the preliminary
plat including the number, location and species of all required noninvasive
shade trees or other plantings which are set forth at https://njaes.rutgers.edu.
[Amended 3-9-2022 by Ord. No. 05-2022]
(2)
Title block. The title block shall appear on all sheets
and include:
(a)
"Preliminary plat - major subdivision."
(b)
Name of subdivision, if any.
(c)
Tax map sheet, block and lot number(s) of the
tract to be subdivided as shown on the latest Borough Tax Map, the
date of which shall also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and subdivider,
so designated.
(f)
Name(s), signature(s), address(es) and license
number(s) of the engineer and/or land surveyor who prepared the map.
(The plat shall bear the embossed seal of said engineer and land surveyor.)
(3)
A key map (at a scale of not less than one inch equals
800 feet) showing the location of the tract to be subdivided, with
reference to surrounding areas, existing streets which intersect or
border the tract, the names of all such streets and any zone boundary
or Borough boundary which is within 500 feet of the subdivision. The
intent of the key map is to permit determination of the location of
the tract relating to the overall Borough and neighborhood area. Dimensions
and reference points provided should facilitate this.
(4)
A schedule shall be placed on the map indicating the
acreage of the tract, the number of lots, the zone, the minimum required
lot areas, setbacks, yards and the dimensions and percentage of acreage
provided as recreation.
(5)
Zone boundaries and the names of all owners, Tax Map
sheet, lot and block numbers and property lines of parcels within
200 feet of the land to be subdivided, including properties across
the street, as shown by the most recent records of the Borough of
Eatontown, or of the municipality of which the property is a part.
(6)
The preliminary plat shall be based on a current certified
boundary survey as required above with sufficient lines of the adjoining
tracts surveyed to established any overlap or gap between the adjoining
boundary lines and the boundary lines of the tract in question. The
date of the survey and the name of the person making the same shall
be shown on the map.
(7)
Contours:
(a)
Existing one-foot-interval contours based on
United States Coast and Geodetic Survey datum (MSL-0) shall be shown
extending a minimum of 100 feet beyond the boundary of the tract in
question and shall be certified by a New Jersey licensed surveyor
or professional engineer as to accuracy, except that where the slopes
exceed 5%, a two-foot interval may be used, and if the slopes exceed
10%, a five-foot interval is permissible. The source of elevation
datum base shall be noted. If contours have been established by aerial
photography, a check profile shall be made on the boundary line of
the tract and certified by a New Jersey licensed land surveyor.
(b)
Ninety percent of elevations interpolated from
contour lines will be within 1/2 the contort interval when referred
to the nearest bench mark. All spot elevations shall be to the nearest
0.1 foot and accurate to within 0.3 of a foot.
(c)
Ninety percent of all planimetric features shown
on the map will be within 1/40 inch of their true position and no
planimetric features will be out of true position more than 1/20 inch
at map scale when referenced to the nearest field established station.
A statement of compliance and/or a complete statement concerning any
areas of noncompliance with this requirement shall be placed on the
preliminary plat.
(8)
All existing streets, watercourses, floodplains, floodways
and flood areas shown specifically as indicated in the Eatontown Master
Drainage Plan within the proposed subdivision and within 200 feet
of the boundaries thereof, both the width of the paving and the width
of the right-of-way of each street, existing public easements and
Borough borders within 200 feet of the subdivision.
(9)
All existing structures, an indication of those which
are to be destroyed or removed, and the front, rear, and side yard
dimensions of those to remain.
(10)
The boundaries, nature, extent and acreage of wooded
areas and other important physical features, including swamps, bogs
and ponds within the proposed subdivision and within 200 feet thereof.
(11)
The layout of the proposed subdivision drawn in compliance
with the provisions of this chapter.
(12)
All existing and proposed public easements or rights-of-way
and the purposes thereof, and proposed streets within the proposed
subdivision. The proposed streets shall show the right-of-way and
proposed pavement width.
(13)
The existing system of drainage of the subdivision
and of any larger tract of which it is a part, together with information
on how it is proposed to dispose of surface drainage.
(14)
The acreage of the drainage area (or areas) of each
natural or man-made watercourse traversing the subdivision, including
the area within the subdivision and the area upstream from the subdivision.
(15)
All proposed lot lines and the areas of all lots in
square feet. The areas and dimensions specified should be accurate
to within minus 0% and plus 4% (for example, a lot line specified
as 250 feet long should not be less than 250 feet but may be as long
as 260 feet).
(16)
North arrow and basis therefor and written and graphic
scales.
(17)
Preliminary utility layouts showing methods of connection
and sources of service.
(18)
The proposed location and area, in acres or square
feet, of all proposed common open space areas.
(19)
The types and locations of all stakes, marks or flagged
points, if any, placed on the property to aid in on-site inspections.
The Planning Board may require the marks or stakes, as a minimum,
be placed at the intersection of all lines of the tract boundary with
existing streets, at the center of all culs-de-sac, at all internal
street intersections, along street tangents at intervals not exceeding
500 feet, and at such additional locations as the Planning Board may
deem necessary. The locations indicated on the plat shall be accurate
within plus or minus 10 feet. Any traverse lines cut out and/or marked
on the site shall be shown on the plat. If such on-site points, as
above discussed, have not been required at the time of submission
of a sketch plat, the Planning Board may give the subdivider 15 days'
notice of the date of any proposed site inspection by the Board, so
the points can be set.
(20)
The preliminary plat shall show, on the property to
be subdivided and within 200 feet of that property all existing paper
streets, dirt roads, paved streets, curbs, manholes, sewer lines,
water and gas pipes, utility poles, ponds, swamps and all other topographical
features of a physical or engineering nature.
(21)
Preliminary on-site grading and drainage plan:
(a)
The preliminary plat shall show or be accompanied
by a preliminary grading and drainage plan which shall show locations
of all existing and proposed drainage swales and channels, retention-recharge
basins, the scheme of surface drainage and other items pertinent to
drainage including the approximate proposed grading contours at one-foot
intervals, except if slopes exceed 5%, a two-foot interval may be
used, and if they exceed 10%, a five-foot interval is permissible.
Datum shall be United States Coast and Geodetic Survey datum (MSL-0)
and the source of datum shall be noted.
(b)
The plat shall outline the approximate area
contributing to each inlet.
(c)
All proposed drainage shall be shown including
but not limited to pipes, gutters, swales, detention and retention
facilities, etc., with preliminary pipe type and sizes, invert elevations,
grades and direction of flow. The direction of flow of all surface
waters and all watercourses shall be shown.
(d)
The preliminary grading and drainage plan shall
be accompanied by drainage calculations made in accordance with standards
set forth in this chapter.
(22)
Preliminary off-site drainage plan. The preliminary
plat shall also be accompanied by a preliminary off-site drainage
plan prepared in accordance with the following standards:
(a)
The plan shall consist of an outline of the
entire drainage basin in which the property to be subdivided is located.
The terminus of the basin and existing ground contours or other basis
for determining basin limits shall be shown.
(b)
Pertinent off-site existing drainage, which
receives or discharges runoff from or onto the site, shall be shown
with elevations of inverts, pipe types and sizes or other appropriate
physical data for open or non-pipe conduits.
(c)
To the extent that information is available
and may be obtained from the county or municipal engineer(s), any
existing plans for drainage improvements shall be shown.
(d)
In the event a temporary drainage system is
proposed, tentative plans of that system shall be shown.
(23)
Preliminary center-line profiles showing all proposed
drainage; all existing and proposed finished roadway grades; channel
section details; pipe sizes, type and inverts; road crowns and slopes;
and all other proposed drainage structures and connections shall be
shown.
(24)
Boring logs. Unless the Borough Engineer shall determine
that fewer boring logs are required or that some or all of the boring
logs may be deferred to the final plat stage, the preliminary plat
shall be accompanied by a set of boring logs and soil analyses for
borings made in accordance with the following requirements:
(a)
Borings shall be spaced evenly throughout the
tract.
(b)
One boring not less than 15 feet below the proposed
grade or 20 feet minimum depth shall be made for every five acres,
or portion thereof, of land within a tract where the water table is
found to be 10 feet or more below the proposed or existing grade at
all boring locations.
(c)
One additional boring shall be made per acre,
or portion thereof, in those areas where the water table is found
to be less than 10 feet below the proposed or existing grade.
(d)
In addition to the above, in those areas where
the water table is found to be five feet or less below the existing
or proposed grade, two additional borings per acre, or portion thereof,
will be required. If construction of homes with basements is contemplated,
at least one boring will be located on each lot within the building
setback lines.
(e)
Boring logs shall show soil types and characteristics
encountered, groundwater depths, the methods and equipment used, the
name of the firm, if any, making the borings and the name of the person
in charge of the boring operation. The boring logs shall also show
surface elevations to the nearest 0.1 of a foot.
(f)
Based on the borings, the preliminary plat shall
clearly indicate all areas having a water table within two feet of
the existing surface of the land, or within two feet of proposed grade,
or all areas within which two feet or more of fill is contemplated
or has previously been placed.
(25)
The location, dimensions, area and disposition of
any park and recreation areas shall be shown and noted on the preliminary
plat and shall be subject to the approval of the Planning Board.
(26)
Sectionalization and staging plans. The preliminary
sectionalization and staging plan showing the following:
(a)
If the subdivision is proposed to be filed for
final approval in sections, the plan shall show each such section
and the anticipated date of filing for each section. The staging of
the various sections in the subdivision shall be such that if development
of the subdivision were to be discontinued after the completion of
any section, the developed portion of the subdivision would be provided
with adequate street drainage and utility systems. The size and staging
of the section in a subdivision shall be established to promote orderly
development and shall be subject to the approval of the Planning Board.
In no instance shall any single section of a subdivision include more
than 100 lots.
(b)
The sectionalization and staging plan shall
indemnify for each lot or groups of lots in the subdivision those
improvements that will be completed prior to application for certificates
of occupancy. The plan should demonstrate that the staging of construction
will minimize adverse effects upon occupied buildings in the subdivision
and adjoining properties.
(27)
All vegetation as specified below shall be shown on
the plans. Where the quantity of such vegetation is significant, a
general designation of the area shall suffice, with the type of vegetation
annotated. Every individual tree within the clearing area with a trunk
diameter greater than 18 inches as measured four feet above ground
level shall be shown on the plans with its species identified and
in its approximate location. The vegetation to remain standing shall
be shown surrounded by snow fencing.
[Amended by Ord. No. 22-90; Ord. No. 7-98]
(a)
All living deciduous trees having a trunk of
six or more inches in diameter as measured one foot above ground level.
(b)
All living coniferous trees having a trunk of
six or more inches in diameter as measured one foot above ground level.
(c)
All living dogwood (Cornus florida), American
Holly (Ilex opaca) and broadleaf evergreen trees having a trunk of
one or more inches in diameter as measured one foot above ground level.
(d)
All native laurel (Kalmia latifolia) shrubs
having a root crown of three or more inches in diameter measured at
the soil or surface level.
(28)
The location of proposed depressed pedestrian ramps
and other facilities for the handicapped.
(29)
Such other information as the Planning Board and/or
Planning Board Engineer may require or request during the review of
the preliminary plat.
(30)
Recycling.
[Amended by Ord. No. 23-88]
(a)
Each application for residential development
of 50 or more units of single-family housing or 25 or more units of
two-family or multifamily housing must include provisions for the
collection, disposition, and recycling of recyclable materials. A
single-family unit or unit within a two-family dwelling should provide
at least 12 square feet of floor area for a four-week accumulation
of materials. Such an area may be within a hidden laundry room, basement
or garage.
(b)
Each application for a nonresidential use which
utilizes a 1,000 square feet or more of land must include provisions
for the collection, disposition and recycling of recyclable materials.
Each application shall quantify the amount of recyclable material
it will generate as part of its weekly generation including newspapers,
white high-grade paper, glass, aluminum, cardboard, tin and bimetal
cans. The application shall provide a storage area size to contain
one week's recyclable material. The storage area shall be designed
for truck access for pickup of materials and be suitably screened
from view if located outside a building.
(31)
Plans for all lighting other than streetlighting shall be submitted in accordance with § 89-90B(25).
[Amended by Ord. No. 16-93; 2-22-2006 by Ord. No. 4-2006]
(32)
Establishing facilities for the collection or storage
of source-separated recyclable materials in new multifamily housing
developments.
[Amended by Ord. No. 29-93]
(a)
There shall be included in any new multifamily
housing development that requires subdivision or site plan approval
an indoor or outdoor recycling area for the collection and storage
of residentially generated recyclable materials. The dimensions of
the recycling area shall be sufficient to accommodate recycling bins
or containers which are of adequate size and number, and which are
consistent with anticipated usage and with current methods of collection
in the area in which the project is located. The dimensions of the
recycling area and the bins or containers shall be determined in consultation
with the municipal recycling coordinator, and shall be consistent
with the district recycling plan adopted pursuant to Section 3 of
P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements
of the municipal Master Plan, adopted pursuant to Section 26 of P.L.
1987, c. 102 (N.J.S.A. 40:55d-28).
(b)
The recycling area shall be conveniently located
for the residential disposition of source-separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
(c)
The recycling area shall be well lit, and shall
be safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area, and the bins or containers
placed therein, against theft of recyclable materials, bins or containers.
(d)
The recycling area or the bins or containers
placed therein shall be designed so as to provide protection against
adverse environmental conditions which might render the collected
materials unmarketable. Any bins or containers which are used for
the collection of recyclable paper or cardboard, and which are located
in an outdoor recycling area, shall be equipped with a lid, or otherwise
covered, so as to keep the paper or cardboard dry.
(e)
Signs clearly identifying the recycling area
and the materials accepted therein shall be posted adjacent to all
points of access to the recycling area. Individual bins or containers
shall be equipped with signs indicating the materials to be placed
therein.
(f)
Landscaping and/or fencing shall be provided
around any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
C.
Referral to Subdivision Committee. Upon referral from
the Board to the Subdivision Committee, said Committee shall report
its findings to the Board on or prior to the date set for the noticed
public hearing.
D.
Conditions of approval. Any approval of an application
for development of a preliminary plat of a major subdivision by the
Planning Board shall be subject to the following conditions being
satisfied prior to the signing of the plat:
(1)
Payment of taxes.
(2)
Submission of one translucent, two cloth copies and
eight prints of the plat and attachments for distribution if required.
(3)
Preliminary Monmouth County Planning Board approval,
if not previously granted.
(4)
Any other conditions which may be imposed by the Planning
Board or may be required by federal, state or local law.
(5)
Approval of all required variances conditioned upon
the approval and filing of the final plat.
(6)
The Planning Board may also condition its preliminary
approval upon the applicant providing for certain revisions or additions
to the final plat.
E.
Certification.
(1)
In the event that the application for development
for preliminary plat of a major subdivision is approved, a certificate
to that effect in the following form shall be endorsed on the translucent,
the two cloth copies and all the prints:
|
"Approved as a preliminary plat of a major subdivision
by the Eatontown Planning Board on _____________________________
| |||
|
Chairman
| |||
|
Attest:
| |||
|
Secretary
| |||
|
Date:
| |||
(2)
The said original translucent, cloths and prints shall
be signed by the Chairman and Secretary or Assistant Secretary of
the Planning Board only after they receive certification from the
Administrative Secretary that all conditions of approval have been
satisfied.
F.
Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board and the Borough Engineer that such clearing, grading and/or installation of improvements will not hinder future development or create physical or aesthetic problems in the event that further development of the subdivision is not undertaken, and that required inspection fees have been paid and adequate performance guarantees have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvements is not completed and/or further development of the subdivision is not undertaken. Such performance guarantees shall include, but are not limited to, the cost to the Borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within public rights-of-way or easements. Such performance guarantees shall be in the form and subject to the requirements of § 89-92, Guarantees and improvement procedures, of this article.
A.
Required documents. The following documents and submissions
shall be supplied to the Administrative Secretary in proper form:
[Amended by Ord. No. 11-79; 7-25-2012 by Ord. No. 18-2012]
(1)
Application for municipal and/or state wetlands approval,
where required.
(2)
Application for floodplain encroachment permit, where
required.
(3)
Application for stream encroachment permit, where
required.
(4)
Copies of New Jersey Department of Transportation
access or drainage permits, where required.
(5)
A certificate of title which may be in letter form
signed by a member of the New Jersey Bar or by a title officer or
authorized agent of a title insurance company licensed to do business
in the State of New Jersey which certificate shall confirm that the
owner of the premises in question is the owner as shown on the plat.
(6)
A description of any off-tract improvements that may
be necessary, if any.
(7)
Other submittals that may be required by the Planning
Board Engineer, Planning Board or federal, state or local law.
(8)
Unless waived by the Planning Board, a formal request,
in appropriate statutory form, requesting that the applicable provisions
of Title 39 of the Revised Statutes be made applicable to the site
in order to permit police regulation of traffic control devices prior
to acceptance of streets.
(9)
Required application fees.
(10)
Twelve copies of the application, 12 copies of the
plat and one electronic submission, meeting the requirements set forth
below.
(11)
If the developer is not the owner as shown on the
subdivision plat, the developer shall furnish a copy of the option
or contract which shows his interest in the land, or certification
by the owner setting forth the developer's right to proceed on the
application.
B.
Plat requirements.
(1)
General requirements. A final plat may, for all or
any portion of an approved preliminary plat, be submitted to the Planning
Board within three years of the date of approval of the preliminary
plat. In general, all requirements set forth in this chapter for preliminary
plats of major subdivisions shall apply to final plats with the addition
of the specific additional requirements set forth herein.
(a)
A final plat shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey,[1] as amended and supplemented, and shall include or be accompanied
by the information specified herein.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(b)
All dimensions, both linear and angular, of
the exterior boundaries of the subdivision and all lots and all lands
reserved or dedicated for public use shall balance and their description
shall close within a limit of error of not more than one part in 10,000.
(c)
Unless specifically waived by the Planning Board
Engineer, the bearing system used on the exterior boundaries of the
final plat shall conform to the New Jersey State Plane Coordinate
System or the plat shall show bearings based on said system in addition
to any other bearings shown. When multiple bearing systems are shown,
the bearings conforming to the New Jersey State Plane Coordinate System
shall be enclosed in brackets.
(d)
Unless specifically waived by the Planning Board
Engineer, coordinates based on the New Jersey State Plane Coordinate
System (x and y) shall be shown, individually or in tabular form,
for the monumented (existing or proposed) corners of the exterior
boundary of the tract.
(f)
The design information and submissions required
by the provisions of the design standards portion of this chapter
shall accompany the final plat.
(2)
Purpose of final plat. A final plat and supporting
drawings and documents for a proposed subdivision constitute the complete
and fully detailed and documented development of the subdivision proposal
and becomes the basis for the construction of the subdivision and
inspection by the Borough Engineer, other officials and Planning Board.
The portion of the plat intended for filing must be recorded at the
County Clerk's office to have legal status.
(3)
Title block. The title block shall appear on all sheets
and include:
(a)
Title of "Final Plat - Major Subdivision."
(b)
Development name, if any.
(c)
Tax Map sheet, block and lot number(s) of the
tract to be subdivided as shown on the latest Borough Tax Map, the
date of which shall also be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and developer,
so designated.
(f)
The name(s), signature(s), address(es) and license
number(s) of the engineer and land surveyor who prepared the map.
(The plat shall bear the embossed seal of said engineer and land surveyor.)
(4)
The final plat shall be based on a monumented, current,
certified boundary survey. The date of the survey and the name of
the person making it shall be shown on the map. If 12 months or more
have passed since the date of (or date of last recertification of)
the survey, it shall be recertified and, if necessary, brought up
to date. Any necessary revisions from the survey used as a base for
the tentative plat shall be specifically noted.
(5)
A schedule shall be placed on the map indicating the
acreage of the tract, the number of lots, the zone, the dimensions
and percentage of recreation acreage provided.
(6)
A grading plan showing existing and proposed grading
contours at one-foot intervals throughout the tract, except if slopes
exceed 5%, a two-foot interval may be used, and if they exceed 10%,
a five-foot interval is permissible. Datum shall be United States
Coast and Geodetic Survey datum (MSL-0) and source of datum shall
be noted. In addition to proposed grading contours, sufficient additional
spot elevations shall be shown to clearly delineate proposed grading,
including corner elevations of buildings and first-floor and basement
elevations.
(7)
The limits of all areas of proposed cuts and fills
(exclusive of excavations for basements) shall be clearly designated.
(8)
On-site drainage plan.
(a)
The drainage plan shall be presented in graphic
form which shall clearly show the street and lot layout and those
items which are pertinent to drainage including existing and proposed
contours as previously required.
(b)
The plan shall outline each area contributing
to each inlet.
(c)
All proposed drainage, including but not limited
to pipes, gutters, swales, detention and retention facilities, shall
be shown with pipe type and sizes, invert and grate or rim elevations,
grades and direction of flow. The direction of flow of all surface
waters and of all streams shall be shown.
(d)
The drainage plan shall be accompanied by complete
drainage calculations made in accordance with standards set forth
herein.
(9)
Off-site drainage plan. The final plat shall also
be accompanied by an off-site drainage plan prepared in accordance
with the following standards:
(a)
The plan shall consist of an outline of the
entire drainage basin in which the property to be subdivided is located.
The terminus of the basin and existing ground contours or other basis
for determining basin limits shall be shown.
(b)
The pertinent off-site existing drainage shall
be shown with elevations of inverts and grade to the nearest 0.1 of
a foot.
(c)
To the extent that information is available
and may be obtained from the county or municipal engineer(s), any
existing plans for drainage improvements shall be shown.
(d)
In the event a temporary drainage system is
proposed, full plans of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied
by profiles of all proposed drainage, showing existing and proposed
finished grades, channel section details, pipe sizes, type, inverts,
crowns and slopes; all proposed structures and connections and design
hydraulic grade lines for all conduits designed to carry 40 or more
cubic feet per second. Cross sections at intervals not exceeding 100
feet shall be shown for all open channels.
(11)
Where required by the Borough Engineer, cross sections
of proposed streets to at least 10 feet outside of any grading limit
at intervals of at least every 100 feet, of all proposed streets.
(12)
All vegetation as specified below shall be shown on
the plans. Where the quantity of such vegetation is significant, a
general designation of the area shall suffice, with the type of vegetation
annotated. Every individual tree within the clearing area with a trunk
diameter greater than 18 inches as measured four feet above ground
level shall be shown on the plans with its species identified and
in its approximate location. The vegetation to remain standing shall
be shown surrounded by snow fencing.
[Amended by Ord. No. 22-90; Ord. No. 7-98]
(a)
All living deciduous trees having a trunk of
six or more inches in diameter as measured one foot above ground level.
(b)
All living coniferous trees having a trunk of
six or more inches in diameter as measured one foot above ground level.
(c)
All living dogwood (Cornus florida), American
Holly (Ilex opaca) and broadleaf evergreen trees having a trunk of
one or more inches in diameter as measured one foot above ground level.
(d)
All native laurel (Kalmia latifolia) shrubs
having a root crown of three or more inches in diameter measured at
the soil surface level.
(13)
The number, location and species of all proposed shade
trees or other planting.
(14)
Detailed utility layouts, specifications and cross
sections (sewers, water, gas, electric, telephone, etc.), showing
feasible connections to any existing or proposed utility systems.
An indication of these on a typical road cross section shall be sufficient.
Layouts shall include proposed locations of streetlights and fire
hydrants. If private utilities are proposed, they shall comply with
all local, county and state regulations.
(15)
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 soils where the boundaries
of floodways and flood hazard areas have not been determined, and/or
such other information as may assist the Planning Board in the determination
of floodway and flood hazard area limits.
(16)
Tract boundary lines; right-of-way lines of streets,
easements and other rights-of-way; land to be reserved or dedicated
to public use; all lot lines and sight easement lines, with accurate
dimensions and bearings and radii, tangents, chords, arcs and central
angles of all curves and all front, rear and side (or yard) setback
lines.
(18)
Certificate of engineer or land surveyor as to accuracy
of the details of the plat.
(19)
Lot and block numbers shown on the final plat shall
conform to the Borough Tax Map (or proposed revisions thereof) and
shall be obtained by the applicant's engineer from the Tax Assessor.
Proposed house numbers shall also be obtained from the Postmaster
and shall be shown encircled on the final plat, or on one of the attachments
thereto. The Borough Engineer shall not affix his signature to the
final plat unless the applicant has fully complied in this regard.
(20)
Subdivision names and street names shown on the final
plat shall not be the same or similar to any name of any existing
subdivision or street in the Borough of Eatontown and shall be approved
by the Engineer.
(21)
The location of areas dedicated for park and recreation
facilities or common open space as approved by the Planning Board.
(22)
Unless waived by the Planning Board, a detailed plan
setting forth the type and location of all traffic control and regulatory
devices. This plan shall have been approved by, or in the opinion
of the Engineer be likely to be approved by, the New Jersey Department
of Transportation. This plan shall be prepared in consultation with
the Engineer and the Police Department and shall provide for all appropriate
traffic control measures necessary for the health, safety, convenience
and well-being of those occupying, or likely to occupy, the subdivision
between final approval and final acceptance.
(23)
A key map (at a scale of not less than one inch equals
800 feet) showing the location of the tract to be subdivided, with
reference to surrounding areas, existing streets which intersect or
border the tract, the names of all such streets and any zone boundary
or Borough boundary which is within 500 feet of the subdivision. The
intent of the key map is to permit determination of the location of
the tract relating to the overall Borough and neighborhood area. Dimensions
and reference points provided should facilitate this.
(24)
Such other information as the Planning Board and/or
Planning Board Engineer may request during review.
(25)
All plats submitted to the Planning Board for final
approval shall comply with the provisions of the Map Filing Law (N.J.S.A.
46:23-9.8 et seq.), and shall not contain more than 100 lots. Simultaneous
consideration of approval of multiple final sections, each containing
not more than 100 lots, may be entertained by the Board.
(26)
Sectionalization of final plats shall be in conformance
with the sectionalization and staging plan, if any, approved with
the preliminary plat.
C.
Referral to Subdivision Committee. Upon referral from
the Board to the Subdivision Committee, said Committee shall report
its findings to the Board prior to the date set for the noticed public
hearing.
D.
Conditions of approval. Any approval of an application
for development of a final plat of a major subdivision shall be subject
to the following conditions being satisfied within a period of time
specified by the Planning Board prior to the signing of the plat or
issuance of a development permit:
(1)
Payment of any outstanding real estate taxes.
(2)
Submission of one translucent, two cloths and eight
prints of the plat map and attachments for distribution, if required.
(3)
Publication of a notice of the decision by the applicant.
(4)
Final Monmouth County Planning Board approval, if
not previously obtained.
(5)
Proof of the granting of all required variances and
other approvals required conditioned upon the filing of the final
plat.
(6)
Granting of state or municipal wetlands permit, if
required.
(7)
Granting of a floodplain permit, if required.
(8)
Certification of approval of plans for drainage or
watercourse diversion by the State of New Jersey, Department of Environmental
Protection, where required.
(9)
Granting of drainage and/or access permits by the
New Jersey Department of Transportation, where required.
(10)
Approval of any required riparian grants or licenses.
(11)
Granting of any required construction permits.
(12)
Installation of all required improvements including
off-tract improvements or the posting of required performance guarantees
required by the Borough or other governmental bodies, authorities,
public utility companies and private utility companies other than
the Borough which have jurisdiction over improvements in the subdivision.
(13)
Payment of required inspection fees.
(14)
Evidence of a comprehensive general liability insurance
policy in an amount not less than $300,000 per occurrence indemnifying
and saving harmless the Borough and its agencies, employees and agents
from any liability for any acts of the developer of the approved subdivision.
The insurance policy shall provide for 10 days' notice to the Borough
prior to cancellation. It shall be a violation of this chapter for
any property owner, developer or builder to carry on the construction
of a subdivision without having current valid evidence of insurance
on file.
(15)
Any other conditions which may be imposed by the Planning
Board or may be required by federal, state or local law.
E.
Certification.
(1)
In the event that the application for development
for a final plat of a major subdivision is approved, certification
to that effect in the following form shall be endorsed on the translucent,
the two cloth copies and the eight prints of the plat:
|
"Approved as a final plat of a major subdivision
by the Eatontown Planning Board on ____________________________
| ||
|
Chairman
| ||
|
Attest:
| ||
|
Secretary
| ||
|
Date:
| ||
|
This plat must be filed in the office of the
Clerk of Monmouth County on or before which date is
95 days after the date upon which this plat was signed.
| ||
|
Secretary"
| ||
(2)
Said translucent, cloths and prints shall be signed
by the Chairman and Secretary or Assistant Secretary of the Planning
Board and the Borough Engineer (as to the Map Filing Law certification)
only after they receive a certification from the Administrative Secretary
that all conditions of approval have been satisfied.
F.
Filing of approved plat. If the applicant desires
to proceed with the subdivision for which final approval has been
granted, he shall file with the County Recording Officer the signed
cloth copy within 95 days from the date upon which the plat was signed
by the Planning Board Chairman and Secretary or Assistant Secretary.
The applicant shall within one week after filing the subdivision with
the County Recording Officer notify in writing the Borough Engineer
of the date of filing of the subdivision with the County Recording
Officer and the case and sheet or page number for the filed map and
shall supply the Borough Engineer with the duplicate tracing of the
filed map indicating thereon the filing date. In the event the developer
fails to so file within the period allowed, the approval of the plat
shall expire unless prior to expiration such time is extended by the
Planning Board for a period not to exceed 95 days for good cause.
G.
Display of final plat. The developer or his agent
shall keep a clear and legible copy of the approved final plat in
plain view in a prominent location in his office and/or sales room
from which sales in the approved subdivision are made so that prospective
purchasers may have the opportunity to learn the special conditions,
if any, under which approval was given.
A.
Submission optional. Applicants are encouraged to
submit a sketch plat of a site plan during the early design stages
containing that information necessary to form a basis for discussions
of alternatives for development. A detailed review of a sketch plat
will minimize the necessity of major revisions in the more involved
and detailed preliminary plat submission. Application fees paid at
the sketch plat submission stage will be deducted from the required
application fees at the preliminary plat stage.
B.
Required documents. There shall be submitted to the
Administrative Secretary eight copies of the sketch plat together
with the application for consideration thereof before the Planning
Board. Upon receipt of these requirements, the Administrative Secretary
shall schedule the matter before the Planning Board for hearing and
shall at the same time send or circulate a copy of the sketch plat
to the Borough Engineer or the Planning Board's engineer, to the planner
and to the Zoning Officer requesting from them their reports to the
Planning Board in writing in time for the scheduled hearing date.
C.
Plat requirements.
(1)
General requirements. The sketch shall be based on
a land survey, a deed plotting, the current Tax Map or other suitable
base map and shall be drawn at a scale not less than one inch equals
50 feet nor greater than one inch equals 10 feet. If the size of the
site would require the use of sheets larger than 30 inches by 42 inches
in order to show the entire site on one sheet, the detailed information
for the site plan shall be shown in sections on sheets not larger
than 30 inches by 42 inches in which sheets shall be keyed to an overall
plan of the site drawn at a scale of not less than one inch equals
200 feet.
(2)
Title block. The title block shall appear on all sheets
and include:
(a)
Title of "Sketch Plat - Site Plan."
(b)
Name of development.
(c)
Tax map sheet, block and lot number of the site,
as shown on the latest Borough Tax Map, the date of which should also
be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and developer,
so designated.
(f)
Name(s), signature(s), address(es), and license
number(s) of engineer, architect, land surveyor or planner who prepared
the plan and their embossed seal.
(g)
If the site plan contains more than one sheet,
each sheet shall be numbered and titled.
(3)
A schedule shall be placed on the site plan indicating:
(a)
The acreage of the tract and site (the portion
of the tract involved in the site plan).
(b)
The floor area of the existing and proposed
buildings (listed separately).
(c)
The proposed use or uses and the floor area
devoted to each use.
(d)
The zone district in which the site is located.
(e)
Proposed and required lot dimensions and front,
rear and side setbacks.
(f)
Proposed and required off-street parking spaces.
(g)
Square footage and percentage of the site retained
in unoccupied open space.
(4)
North arrow and written and graphic scales.
(5)
A key map, at a scale of not less than one inch equals
800 feet, showing the location of the site with reference to surrounding
areas, existing streets which intersect or border the tract, the names
of all such streets and the location of any zone boundaries and Borough
boundary which is within 500 feet of the site. The intent of the key
map is to permit determination of the location of the tract relating
to the overall Borough and neighborhood area. Dimensions and reference
points provided should facilitate this.
(6)
Zone boundaries, Tax Map sheet, lot and block numbers
and property lines of parcels within 200 feet of the site, including
properties across the street, as shown by the most recent records
of the Borough or of adjoining municipalities.
(7)
The existing direction of surface flow and the system
of drainage of the site and of any larger tract of which it is a part,
together with information on how it is proposed to dispose of surface
drainage.
(8)
The acreage of the drainage area (or areas) of each
natural or man-made watercourse or conduit receiving runoff from the
site including the area upstream from the site.
(9)
Existing and proposed spot elevations and/or contours.
(10)
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 soils where the boundaries
of floodways and flood hazard areas have not been determined, and/or
such other information as may assist the Planning Board in the determination
of floodway and flood hazard area limits.
(11)
Paving and right-of-way widths of existing streets
within 200 feet of the site.
(12)
The boundary, nature and extent of wooded areas, swamps,
bogs, and ponds within the site and within 200 feet thereof.
(13)
Existing and proposed manholes, sewer lines, fire
hydrants, water lines, utility poles and other topographical features
of a physical or engineering nature within the site and within 200
feet thereof.
(14)
All existing structures on the site and within 200
feet thereof, including their use, indicating those to be destroyed
or removed and those to remain.
(15)
Location, use, ground coverage, front, rear and side
setbacks of all buildings and other pertinent improvements.
(16)
Existing and proposed public easements or rights-of-way
and the purposes thereof.
D.
Action by Planning Board. After review by the Site
and Design Committee, a preliminary statement may be issued by the
Planning Board to the applicant specifying its recommendations regarding
the application, which should be taken into consideration in the preliminary
site plan submission.
A.
Required documents. There shall be provided to the
Administrative Secretary the following requirements:
(1)
Twelve copies of the application, 12 copies of the
preliminary plat and one electronic submission, meeting the requirements
as set forth below.
[Amended 7-25-2012 by Ord. No. 18-2012]
(2)
Application for municipal and/or state wetlands permit,
where required.
(3)
Letter from the utility companies on the availability
of utilities.
(4)
Other submittals that may be required by the Planning
Board Engineer, Planning Board or federal, state or local law.
(5)
The application for development for a preliminary
plat of a site plan shall include a request for the granting of any
variances required or other approvals required from the Planning Board.
(6)
Required application fees.
(7)
If the developer is not the owner shown on the final
plat, he shall furnish a copy of the option or contract which shows
his interest in the land, or other certification by the owner that
the developer may proceed on the application.
(8)
A description of all off-tract improvements that may
be necessary, if any.
(9)
A certificate of title that may be in letter form
signed by a member of the New Jersey Bar or by a title officer or
authorized agent of a title company licensed to do business in this
state which certificate shall confirm that the owner of the premises
in question is the owner as shown on the plat.
B.
Plat requirements.
(1)
General requirements:
(a)
Any preliminary plat of a site plan presented
to the Planning Board for its approval shall be signed and appropriately
sealed by an architect, professional engineer, land surveyor and/or
professional planner licensed to practice in the State of New Jersey;
provided, however, that sanitary sewer, water distribution and storm
drainage plans and water and sewage treatment plans may only be signed
and sealed by a professional engineer.
(b)
Site plans shall not be drawn at a scale smaller
than one inch equals 50 feet nor larger than one inch equals 10 feet.
If the size of the site would require the use of sheets larger than
30 inches by 42 inches in order to show the entire site on one sheet,
the detailed information for the site plan shall be shown in sections
on sheets not larger than 30 inches by 42 inches, which sheets shall
be keyed to an overall plan of the site drawn at a scale of not less
than one inch equals 200 feet. The site plan shall be based on a monumented,
current certified boundary survey. The date of the survey and the
name of the person making same shall be shown on the map. If 12 months
or more has passed since the date of (or date of last recertification
of) the survey, it shall be recertified and, if necessary, brought
up to date.
(c)
The design information and submissions required
by the provisions of the design standards portions of this chapter
shall accompany the site plan.
(2)
Title block. The title block shall appear on all sheets
and include:
(a)
Title of "Preliminary Plat - Site Plan."
(b)
Name of the development, if any.
(c)
Tax Map sheet, block and lot number of the site,
as shown on the latest Borough Tax Map, the date of which should also
be shown.
(d)
Date (of original and all revisions).
(e)
Names and addresses of owner and developer,
so designated.
(f)
Name(s), signature(s), address(es), and license
number of engineer, architect, land surveyor or planner who prepared
the plan and their embossed seal.
(g)
If the site plan contains more than one sheet,
each sheet shall be numbered and titled.
(3)
A schedule shall be placed on the site plan indicating:
(a)
The acreage of the tract and site (the portion
of the tract involved in the site plan).
(b)
The floor area of the existing and proposed
buildings (listed separately).
(c)
The proposed use or uses and the floor area
devoted to each use.
(d)
The zone in which the site is located.
(e)
Proposed and required lot dimensions and front,
rear and side setbacks.
(f)
Proposed and required off-street parking spaces.
(g)
Square footage and percentage of the site retained
in unoccupied open space.
(4)
North arrow and written and graphic scales.
(5)
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 soils where the boundaries
of floodways and flood hazard areas have not been determined, and/or
such other information as may assist the Planning Board in the determination
of floodway and flood hazard area limits. The plan should indicate
flood limits, conservation easements, and other pertinent information
indicated in the Eatontown Master Drainage Plan. In cases where all
or a portion of a site within the R-800 Zone is located in an unnumbered
"A" zone as shown on the Flood Insurance Rate Maps of the Federal
Insurance Administration, the applicant shall undertake and submit
such studies as are necessary to determine the base flood elevation.
(6)
Paving and right-of-way widths of existing streets
within 200 feet of the site.
(7)
The boundary, nature and extent of wooded areas, swamps,
bogs and ponds within the site and within 200 feet thereof.
(8)
Existing and proposed manholes, sewer lines, fire
hydrants, water lines, utility poles and all other topographical features
of a physical or engineering nature within the site and within 200
feet thereof.
(9)
All existing structures on the site and within 200
feet thereof, including their use, indicating those to be destroyed
or removed and those to remain.
(10)
Location, use, finished grade level, ground coverage,
first-floor and basement elevations, front, rear and side setbacks
of all existing buildings and other pertinent improvements.
(11)
Existing and proposed public easements or rights-of-way
and the purposes thereof.
(12)
A grading plan showing existing and proposed grading
contours at one-foot intervals throughout the tract, except if slopes
exceed 5%, a two-foot interval may be used, and if they exceed 10%,
a five-foot interval is permissible. Datum shall be United States
Coast and Geodetic Survey datum (MSL-0) and source of datum shall
be noted. In addition to proposed grading contours, sufficient additional
spot elevations shall be shown to clearly delineate proposed grading.
(13)
On-site drainage plan:
(a)
The drainage plan shall be presented in graphic
form which shall clearly show the street and lot layout and those
items which are pertinent to drainage including existing and proposed
contours as previously required.
(b)
The plan shall outline each area contributing
to each inlet.
(c)
All proposed drainage shall be shown, including
but not limited to pipes, gutters, swales, detention and retention
facilities, etc., with pipe type and sizes, invert and grate or rim
elevations, grades and direction of flow. The direction of flow of
all surface waters and of all streams shall be shown.
(d)
The drainage plan shall be accompanied by complete
drainage calculations made in accordance with the standards set forth
in this chapter.
(14)
Off-site drainage plan. The plat shall also be accompanied
by an off-site drainage plan prepared in accordance with the following
standards:
(a)
The plan shall consist of an outline of the
entire drainage basin in which the site is located. The terminus of
the basin and existing ground contours or other basis for determining
basin limits shall be shown.
(b)
The pertinent off-site existing drainage shall
be shown with elevations of inverts and grades to the nearest 0.1
of a foot.
(c)
To the extent that information is available
and may be obtained from the county or municipal engineer(s), any
existing plans for drainage improvements shall be shown.
(d)
In the event a temporary drainage system is
proposed, full plans of that system shall be shown.
(e)
The off-site drainage plans shall be accomplished
by profiles of all proposed drainage, showing existing details, pipe
sizes, type, inverts, crowns and slopes; all proposed structures and
connections and design hydraulic grade lines for all conduits designed
to carry 40 or more cubic feet per second. Cross sections at intervals
not exceeding 100 feet shall be shown for all open channels.
(15)
If required by the Borough Engineer, center-line profiles
of the streets bordering the site, internal roadways and major circulation
aisles showing:
(16)
Boring logs. Unless the Borough Engineer shall determine
that fewer boring logs are required or that some or all of the boring
logs may be deferred to the final plat stage, the site plan shall
be accompanied by a set of boring logs and soil analyses for borings
made in accordance with the following requirements:
(a)
Borings shall be spaced evenly throughout the
site.
(b)
One boring not less than 15 feet below grade
or 20 feet minimum depth shall be made for every five acres (or portion
thereof) of land where the water table is found to be 10 feet or more
below proposed or existing grade at all boring locations.
(c)
One additional boring shall be made per acre
(or portion thereof) in those areas where the water table is found
to be less than 10 feet below proposed or existing grade.
(d)
In addition to the above, in those areas where
the water table is found to be five feet or less below existing or
proposed grade, two additional borings per acre (or portion thereof)
will be required if construction of basements is contemplated. Borings
shall be located where such basements are proposed.
(e)
Boring logs shall show soil types and characteristics
encountered, ground water depths, the methods and equipment used,
the name of the firm, if any, making the borings and the name of the
person in charge of the boring operation. The boring logs shall also
show surface elevations to the nearest 0.1 of a foot.
(f)
Based on the borings, the site plan shall clearly
indicate all areas having a water table within two feet of the existing
surface of the land, or within two feet of proposed grade; or all
areas within which two feet or more of fill is contemplated or has
previously been placed.
(17)
Zone boundaries and the Tax Map sheet, lot and block
numbers and names of owners of all properties within 200 feet of the
site.
(18)
A key map (at a scale of not less than one inch equals
1,000 feet) showing the location of the site with reference to surrounding
areas, existing streets, the names of all such streets and any zone
boundary or Borough boundary which is within 500 feet of the site.
The intent of the key map is to permit determination of the location
of the tract relating to the overall Borough and neighborhood area.
Dimensions and reference points provided should facilitate this.
(19)
The location, area, dimensions and proposed disposition
of any area or areas of the site proposed to be retained as common
open space, indicating the facilities to be provided in such areas.
(20)
The capacity of off-street parking areas and the location
and dimensions of all access drives, aisles and parking stalls. The
location and treatment of existing and proposed entrances and exits
to public rights-of-way, including the possible utilization of traffic
signals, channelization, acceleration and deceleration lanes, additional
width and any other device necessary for traffic safety and/or convenience,
and the estimated average number of passenger vehicles, single-unit
trucks or buses, and semi-trailers that will enter the site each day.
(21)
Graphic depiction of the anticipated routes and details
of the system of on-site vehicular and pedestrian circulation. If
the developer desires to have the appropriate provisions of Title
39 of the Revised Statutes governing motor vehicle operation made
applicable to the site, thereby allowing municipal police regulation
of traffic control devices, he shall submit a formal request and detailed
plan meeting the requirements of the New Jersey Department of Transportation.
The Borough Engineer will advise the developer regarding the details
of such a plan.
(22)
The location and size of proposed loading docks.
(23)
Location of curbs and sidewalks.
(24)
Cross section(s) showing the composition of pavement
areas, curbs and sidewalks.
(25)
Submission of plans and evidence of compliance shall
include the following:
[Amended by Ord. No. 16-93; Ord. No. 3-97; 2-22-2006 by Ord. No. 4-2006]
(a)
Description of outdoor light fixtures, including
component specifications such as lamps, reflectors, optics, angle
of cutoff, supports, poles and including manufacturer’s catalog
cuts.
(b)
Locations and description of every outdoor light
fixture and hours of operation.
(d)
Computer-generated photometric grid showing
footcandle readings every 10 feet and the average footcandles.
(e)
Foundation details for light poles.
(f)
When not using IESNA recommendations, submit
reasons and supply supporting documentation.
(26)
Landscaping and screening plan showing the location,
number, and species of all required noninvasive shade trees and other
plantings type, in conformance with the list identified at https://njaes.rutgers.edu,
spacing and amount of each type of ground cover to be utilized.
[Amended 3-9-2022 by Ord. No. 05-2022]
(27)
Location of signs and drawn details showing the size,
nature of construction, height and content of all signs.
(28)
Drawn details of the type of screening to be utilized
for refuse storage areas, outdoor equipment and bulk storage areas.
(29)
Floor plans and building elevation drawings of any
proposed structure or structures, or existing structures to be renovated.
(30)
Location of handicapped facilities including parking
spaces and ramps (where applicable).
(31)
All vegetation as specified below shall be shown on
the plans. Where the quantity of such vegetation is significant, a
general designation of the area shall suffice, with the type of vegetation
annotated. Every individual tree within the clearing area with a trunk
diameter greater than 18 inches, as measured four feet above ground
level, shall be shown on the plans with its species identified and
in its appropriate location. The vegetation to remain standing shall
be shown surrounded by snow fencing.
[Amended by Ord. No. 22-90; Ord. No. 7-98]
(a)
All living deciduous trees having a trunk of
six inches or more in diameter as measured one foot above ground level.
(b)
All living coniferous trees having a trunk of
six inches or more in diameter as measured one foot above ground level.
(c)
All living dogwood (Cornus florida), American
Holly (Ilex opaca) and broadleaf evergreen trees having a trunk of
one or more inches in diameter as measured one foot above ground level.
(d)
All native laurel (Kalmia latifolia) shrubs
having a root crown of three or more inches in diameter measured at
the soil surface level.
(32)
Sectionalization and staging plan: Developers of large
uses such as shopping centers, multifamily dwellings, industrial parks
or other such uses proposed to be developed in stages shall submit
a sectionalization and staging plan showing the following:
(a)
The anticipated date for commencing construction
of each section or stage. The staging of development on the site shall
be such that if development of the site were discontinued after the
completion of any stage, the developed portion of the site would comply
in all respects to the requirements of this chapter and be provided
with adequate drainage and utility systems.
(b)
Those improvements that will be completed in
each stage prior to application for certificate of occupancy. The
plan should demonstrate that the staging of construction will minimize
adverse affects upon occupied buildings in the site and adjoining
properties.
(33)
Written description of the proposed operations in
sufficient detail to indicate the effects of the use in producing
traffic congestion, noise, glare, air pollution, fire hazards or safety
hazards. The written description shall also include the hours of operation
of the use, the number of shifts to be worked, the number of employees
in each shift, the number of vehicles to be stored or parked on the
site, and provisions to be made for the maintenance.
(34)
Show proposed location and dimension of any and all
freestanding or facade signs.
[Amended by Ord. No. 6-92]
(35)
Such other information as the Planning Board and/or
Planning Board Engineer may request during site plan review.
C.
Referral to Site and Design Committee. Upon a referral
from the Board to the Site and Design Committee the said Committee,
in accordance with the definition of a minor site plan, shall either
classify the application as a minor site plan or as a major site plan.
The Committee shall refer the application with its recommendation
to the Board for consideration.
(1)
If the Planning Board approves it as a minor site
plan, it shall do so subject to the following conditions being satisfied
within a period of time specified by the Board prior to the signing
of the plat or issuance of the development permit:
(a)
Installation of any improvements or posting
of performance guarantees for the performance of any improvements
required by the Board.
(b)
Payment of any outstanding real estate taxes.
(c)
Monmouth County Planning Board approval, if
required, and not previously granted.
(d)
Submission of one translucent, one cloth and
eight prints of the plat map and attachments, for distribution, if
required.
(e)
Publication of a notice of the decision by the
applicant.
(f)
Any other conditions that may be imposed by
the Planning Board, or which may be required by federal, state or
local law.
(2)
Certification.
(a)
Upon approval as a minor site plan, a certification
to that effect in the following form shall be endorsed on the translucent
original, the cloth and the eight prints of the site plan:
|
"Approved as a minor site plan by the Eatontown
Planning Board on ______________________
| ||
|
Chairman
| ||
|
ATTEST:
| ||
|
Secretary
| ||
|
Date: "
| ||
(b)
The translucent original, the cloth and the
prints shall be signed by the Chairman and Secretary or Assistant
Secretary of the Planning Board only after they receive certification
from the Administrative Secretary that all conditions of approval
have been satisfied.
D.
Conditions of preliminary approval of a major site
plan. Any preliminary approval of an application for development of
a major site plan by the Planning Board shall be subject to the following
conditions being satisfied prior to the signing of the plat:
(1)
Payment of any outstanding real estate taxes.
(2)
Submission of a translucent, one cloth copy and eight
prints of the plat and attachments for distribution, if required.
(3)
Preliminary Monmouth County Planning Board approval,
if not previously granted.
(4)
Drainage and access permits required by New Jersey
Department of Transportation.
(5)
Granting of all variances subject to the approval
of the final site plan.
(6)
Any other conditions which may be imposed by the Planning
Board or may be required by federal, state or local law. The Planning
Board may also condition its preliminary approval upon the applicant's
providing for certain revisions or additions to the final plat submission.
E.
Certification.
(1)
In the event that the application for development
for a preliminary plat of a major site plan is approved, a certification
to that effect in the following form shall be endorsed on the translucent
and the prints of the preliminary plat:
|
"Approved as a preliminary plat of a site plan
by the Eatontown Planning Board on ____________________________
| ||
|
Chairman
| ||
|
ATTEST:
| ||
|
Secretary
| ||
|
Date: "
| ||
(2)
The translucent original, the cloth and the prints
shall be signed by the Chairman and Secretary or Assistant Secretary
of the Planning Board only after they receive certification from the
Administrative Secretary that all conditions of approval have been
satisfied.
F.
Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or install any improvements prior to final plat approval unless it shall be determined by the Planning Board and the Borough Engineer that said clearing, grading or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken, and that required inspection fees have been paid and adequate performance guarantees have been posted to provide for the cost to the Borough of performing work that may be necessary to protect the adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvements is not undertaken. Such performance guarantee shall include but is not limited to the cost to the Borough of providing erosion control facilities, seeding or other stabilizing of the site and drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within public rights-of-way. Such performance guarantees shall be in the form and subject to the requirements of § 89-92, Guarantees and improvement procedures, of this article.
A.
Required documents. There shall be provided to the
Administrative Secretary the following requirements:
(1)
Twelve copies of the application, 12 copies of the
final plat and one electronic submission, meeting the requirements
set forth below; and
[Amended 7-25-2012 by Ord. No. 18-2012]
(2)
Application for municipal and/or state standards permit,
where required.
(3)
Letter from the utility companies on the availability
of utilities.
(4)
Other submittals that may be required by the Planning
Board Engineer, Planning Board or federal, state or local law.
(5)
Required application fees.
(6)
A description of off-tract improvements that may be
necessary, if any.
(7)
If the developer is not the owner as shown on the
final plat, a copy of the option or contract that shows his interest
in the land, or a certification by the owner that the developer may
proceed on the application.
(8)
A certificate of title that may be in letter form
signed by a member of the New Jersey Bar or by a title officer or
authorized agent of a title company licensed to do business in this
state which certificate shall confirm that the owner of the premises
in question is the owner as shown on the plat.
B.
Plat requirements. The final plat shall include all
data required for the preliminary plat of the site plan, and shall
be drawn to incorporate all changes required as a condition of preliminary
approval and shall be drawn by persons and to specifications as required
for a preliminary plat and shall be titled "Final Plat - Site Plan."
C.
Referral to Site and Design Committee. Upon referral
from the Board to the Site and Design Committee said Committee shall
report its findings to the Board on or prior to the date set for the
noticed public hearing.
D.
Conditions of approval. Any approval of an application
for development of a final plat of a site plan shall be subject to
the following conditions being satisfied, within a period of time
specified by the Planning Board, prior to signing of the plat or issuance
of a development permit:
(1)
Submission of one translucent, one cloth copy and
eight prints of the plat and attachments for distribution (if required).
(2)
Preliminary Monmouth County Planning Board approval
(if not previously granted).
(3)
Granting of drainage and/or access permits by the
New Jersey Department of Transportation, where required.
(4)
Approval of any required riparian grants or licenses.
(5)
Granting of any required construction permits.
(6)
Posting of required performance guarantees.
(7)
Payment of required inspection fees.
(8)
Evidence of a comprehensive general liability insurance
policy in an amount not less than $300,000 per occurrence indemnifying
and saving harmless the Borough of Eatontown and its agencies, employees
and agents from any liability for any acts of the developer or his
agents, contractor or employees in the implementing of the approved
site plan. The insurance policy shall provide for 10 days' notice
to the Borough prior to cancellation. It shall be a violation of this
chapter for any property owner, developer or builder to carry on the
construction of the site without having a current valid evidence of
insurance on file.
(9)
Any other conditions which may be imposed by the Planning
Board or may be required by federal, state or local law.
E.
Certification.
(1)
In the event that the application for development
for a final plat of a site plan is approved, a certification to that
effect in the following form shall be endorsed on the translucent,
the cloth and the eight prints of the plat:
|
"Approved as a final plat of a site plan by
the Eatontown Planning Board on ______________________________
| ||
|
Chairman
| ||
|
ATTEST:
| ||
|
Secretary
| ||
|
Date: "
| ||
(2)
The translucent, the cloth and the prints shall be
signed by the Chairman and Secretary or Assistant Secretary of the
Planning Board only after they receive a certification from the Administrative
Secretary that all conditions of approval have been satisfied.
A.
Performance guarantee.
(1)
Performance guarantee required.
(a)
Prior to the signing of a final plat of a subdivision
or of a site plan, issuance of a development permit, and/or the commencing
of any clearing, grading, or installation of improvements, the development
shall have filed with the Borough, a performance guarantee sufficient
in amount to equal 120% of the total cost of the Borough as estimated
by the Borough Engineer, of constructing those on-site, on-tract,
off-site and off-tract improvements necessary to protect adjacent
property and the public interest in the event development of the subdivision
or site were not completed. Such improvements shall include, but are
not limited to, drainage facilities necessary to protect off-tract
areas from flooding, erosion control facilities, required screening
and fencing, all improvements within public rights-of-way and easements
and the cost of seeding or otherwise stabilizing the site or subdivision.
Such guarantee shall assure the installation of such improvements
on or before an agreed date, guarantee the completion of all improvements
without damage to or interference with adjacent properties or public
facilities, and hold the Borough Council and Planning Board and their
employees and agents harmless with respect to any acts of the developer,
its agents, successors or assigns. The total estimated cost to the
Borough of constructing all improvements shall be based upon the estimated
contract construction costs, which would prevail upon expiration of
the guarantee period. Such performance guarantee may be in the form
of cash, certified check, negotiable securities, a performance bond
issued by a bonding company or surety company approved by the Borough
Council, an irrevocable letter of credit issued by a banking or other
financial institution duly chartered and authorized by the United
States of America or by the State of New Jersey, and approved by the
Borough Council, or any other type of surety acceptable to and approved
by the Borough Attorney and Borough Council, provided that at least
10% of the performance guarantee shall be in the form of cash or certified
check.
[Amended by Ord. No. 18-80; Ord. No. 15-83; Ord. No. 5-85; Ord. No. 20-88]
(b)
In addition to the performance guarantee required
in this section there shall be required on all major subdivisions
and on all major site plans a developer's agreement prepared by the
Borough Attorney. The terms of said agreement shall govern the general
development of the tract, and the following terms and procedures:
[Amended by Ord. No. 20-88]
[1]
Any of the terms set forth in this section concerning
performance;
[2]
The manner in which performance guarantees shall
be held by the Borough with the additional provision that the cash
deposit shall be the last amount of security released by the Borough
so that the entire performance guarantee shall be reduced and released
prior to the release of any cash deposit posted therein;
[3]
That the developer shall maintain or shall be
responsible for having others maintain all roads within the subdivision,
which maintenance shall include snow removal, cleanup and repair until
final acceptance by the Borough.
[4]
Developer shall be responsible for all garbage
and refuse pickup and disposal, including from any buildings or dwellings
that may receive a certificate of occupancy on any new street, until
final acceptance by the Borough.
[5]
Developer shall be responsible for the cost
and maintenance of all fire hydrants installed on any new street until
final acceptance by the Borough.
[6]
Developer shall be responsible for all streetlighting
and the cost of maintaining same until the date of final acceptance
by the Borough.
[7]
Said development agreement shall be in recordable
form and same may be recorded at the discretion of the Mayor and Council.
[8]
The Mayor and Council shall have the right to
waive, under appropriate circumstance, any and all of the provisions
that may be required by this chapter and a developer's agreement.
(2)
All performance guarantees shall run to and be in
favor of the Borough of Eatontown in the County of Monmouth, which
shall be the designated obligee in the case of any surety bond, or
the designated beneficiary with respect to any irrevocable letter
of credit issued.
[Amended by Ord. No. 15-83]
(3)
The performance guaranty shall be approved by the
Borough Attorney as to form, sufficiency and execution. Such performance
guaranty shall run for a period to be fixed by the Borough Council,
but in no case for a term of more than two years. However, with the
consent of the owner and the surety, if there be one, the time allowed
for installation of the improvements for which the performance guaranty
has been provided may be extended by resolution of the Borough Council
for an additional period not to exceed one year. 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 120% of the cost of the installation as determined as of
the time of the passage of the resolution.
[Amended by Ord. No. 3-80]
(4)
If, during the period of the performance guarantee,
the developer fails to prosecute the work of completing the improvements
so as not to create hazards to life, health, property or public safety,
the Borough may, after five days' notice, perform, or cause to be
performed, any necessary corrective work and deduct the cost thereof
from the 10% cash or certified check portion of the guarantee. Upon
notice of any such deduction, the subdivider shall, within 10 days,
restore the full 10% cash balance or his performance guarantee will
be considered breached and the Borough may take such action as it
is entitled to by law.
(5)
If 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 Borough for the
reasonable costs of the improvements not completed or corrected and
the Borough may either prior to or after the receipt of the proceeds
thereof complete such improvements.
[Amended by Ord. No. 3-80]
(6)
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 Municipal Engineer. Thereupon, the Municipal Engineer shall
inspect all improvements of which 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 improved or rejected shall be set forth.
[Amended by Ord. No. 3-80]
(7)
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Municipal 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 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is rendered, the obligor shall be released
from all liability pursuant to its performance guarantee, except for
that portion adequately sufficient to secure provision of improvements
not yet approved; provided that 30% of the amount of the performance
guarantee posted may be retained to insure completion of all improvements.
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, if any, shall be released
from all liability pursuant to such performance guarantee for such
improvements.
[Amended by Ord. No. 3-80]
(8)
If any portion of the required improvements are rejected,
the Borough Council 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.
[Amended by Ord. No. 3-80]
(9)
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the Borough Council or the Borough Engineer.
[Amended by Ord. No. 3-80]
(10)
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Borough Engineer for the inspection
of required 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 Borough Engineer for such inspection.
[Amended by Ord. No. 3-80]
(11)
In the event that final approval is by stages or sections
of development pursuant to N.J.S.A. 40:55D-38, the provisions of this
section shall be applied by stage or section.
[Amended by Ord. No. 3-80]
B.
Approval of performance guarantees.
(1)
Duties of Borough Engineer, Borough Attorney and Borough
Clerk. No performance guarantees shall be presented for approval of
the Borough Council until the municipal officials listed below have
performed the following and make certification of their performance,
in writing, to the Borough Council:
(a)
Borough Engineer. The Borough Engineer shall:
[1]
Where applicable, examine the plat map of a
subdivision to make certain that it complies with all state laws and
this chapter relative to the preparation and filing of maps or plans
for the subdivision of land.
[2]
Ascertain that the plat of a site plan or subdivision
has been approved by the Monmouth County and Borough of Eatontown
planning boards.
[3]
Determine those acts, or things the applicant
is to do to protect Borough of Eatontown, such as to provide proper
drainage, streets, curbs, signs, monuments or any other item or thing
and the cost of each, as well as the maximum time he recommends granting
the applicant to provide each item or all items.
[4]
Determine if the landowner is an individual,
corporation or partnership; if an individual, his full name and address;
if a corporation, its correct name, date and state of incorporation,
the name of its president and secretary and location of its principal
office in this state; if a partnership, the name and addresses of
all partners.
[5]
Give the applicant a form of the surety company bond required by the Borough of Eatontown, and all figures, dates and details required by this subsection (§ 89-92B) so that same may be included in the bond to be furnished to the Borough; also, advise the applicant of the amount required to pay the Borough as a proper inspection, testing and administration fee.
[6]
Deliver to the Borough Attorney:
[Amended by Ord. No. 15-83]
[a]
The original copy of the surety company bond,
or the original copy of the irrevocable letter of credit, or other
authorized surety of the applicant; and
[b]
The Borough Engineer's written certificate addressed
to the Borough Council, which certificate and bond, irrevocable letter
of credit, or other authorized surety shall be delivered at one and
the same time.
[7]
The Borough Engineer's certificate shall also
state and give the nature of cash, or its equivalent, deposited as
a portion or all of the performance guarantee (i.e., cash, certified
check, cash escrow deposit, or other security).
[8]
If there is nothing the applicant needs to do under Subsection B(1)(a)[3] of this section (§ 89-92) the certificate shall so state and give the reason therefor.
(b)
Borough Attorney. Upon the receipt from the
Borough Engineer of the surety bond, irrevocable letter of credit,
or other authorized surety and the Engineer's certificate, the Borough
Attorney shall promptly examine said bond, irrevocable letter of credit,
or other authorized surety to determine whether or not it is correct
in form, content and execution. If same is not correct, the Borough
Attorney shall notify the applicant of its shortcomings. When the
surety bond, irrevocable letter of credit, or other authorized surety
is or has been made correct, the Borough Attorney shall make a written
certificate to that effect to the Borough Council. Thereupon said
Attorney shall deliver the surety and Engineer's and Attorney's certificates
to the Borough Clerk.
[Amended by Ord. No. 15-83]
(c)
Borough Clerk. Upon the receipt from the Borough
Attorney of the surety bond, irrevocable letter of credit, or other
authorized surety and certificates of the Engineer and Attorney, the
Borough Clerk shall:
[Amended by Ord. No. 15-83]
[1]
Collect from the applicant the proper fee or
fees, if any, payable to the Borough in accordance with the Engineer's
certificate.
[2]
Place the matter of approval of such surety
on the agenda of the next regular meeting of the Borough Council for
its consideration.
[3]
Submit the surety bond, irrevocable letter of
credit, or other authorized surety, certificate and fees to the Borough
Council at the next regular meeting of said Council.
(2)
Certificates: form, dating. Each of said certificates
shall be dated and written in letter form upon the stationery of the
maker or of the Borough, and signed by him or his authorized agent
or representative.
(3)
Bond requirements. There must be attached to said
bond an authority of the surety company empowering the person or persons
who executed said bond for the surety company to do so. There should
also be attached to the bond proof of its authority to do business
in New Jersey and a copy of its last financial statement, made not
more than one year before, showing its financial conditions. If the
principal on the bond is a corporation, there must be attached to
the bond a certified copy of a resolution adopted by its Board of
Directors authorizing the execution and delivery of said bond. Said
bond must also bear the corporate seal of the surety company and the
seal, corporate or otherwise, of the principal.
(4)
Copies. The Clerk shall keep a supply of copies of
these bond requirements in his/her office for the use of applicants
and the general public.
C.
Inspection requirements.
(1)
Inspection, testing and engineering administration fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any improvements required by the provision of this chapter the developer shall deposit by cash or certified check with the Borough Clerk an amount determined from the appropriate schedule under Article XIII of this chapter. Said amount shall be used to defray the cost of inspection, testing, engineering, administration and other costs, and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the Borough Treasurer as general revenue as provided by law. The Borough shall provide appropriate budget items to cover the cost of all necessary administrative and engineering services.
(2)
Inspection notice. All required improvements except
those utility improvements which are not the responsibility of the
Borough shall be subject to inspection and approval by the Borough
Engineer, who shall be notified by the developer at least five days
prior to the initial start of construction and again 24 hours prior
to the resumption of work after any idle period exceeding one working
day. All of the utility improvements shall be subject to inspection
and approval by the owner of or agency controlling the utility or
by the Borough Engineer in all other cases.
(3)
Modification of improvements. At any time, whether
as a result of his inspection of work underway or otherwise the Borough
Engineer may recommend that the developer be required to modify the
design and extent of the improvements required, notifying the Planning
Board of his recommendations. The Planning Board shall, if it considers
such modifications to be major, or if requested by the developer or
Borough Engineer, take formal action to approve or disapprove such
recommendations; provided, however, that it must first afford the
developer an opportunity to be heard if he so requests. If the Board
takes no formal action within 30 days of such recommendations, or
where the developer has not requested formal Planning Board action,
its approval will be assumed. Similarly, the Planning Board may grant
or deny the developer permission to effect such modification upon
his application and the Borough Engineer's approval. In either event,
where such modification is to be effected, the appropriate plan must
be revised by the developer or his engineer to reflect such modification
and sufficient copies thereof submitted to the Administrative Secretary
for distribution.
(4)
General inspection requirements. All improvements,
except as otherwise provided, shall be subject to inspection and approval
by the Borough Engineer. No underground installation shall be covered
until inspected and approved by the Borough Engineer or those agencies
having jurisdiction over the particular installation. If such installation
is covered prior to inspection, it shall be uncovered or other inspection
means used, such as a television or other pipeline camera as may be
deemed necessary by the Borough Engineer, and charges for such work
will be paid for by the developer.
(5)
Inspection not acceptance. Inspection of any work
by the Borough Engineer, or his authorized representative, shall not
be considered to be final approval or rejection of the work, but shall
only be considered to be a determination of whether or not the specific
work involved was being done to Borough specifications or other required
standards at the time of inspection. Any damage to such work or other
unforeseen circumstances such as the effect of the weather, other
construction, changing conditions, settlement, etc., between the time
of installation and the time that the developer wishes to be released
from his performance guaranty, shall be the full responsibility of
the developer, and no work shall be considered accepted until release
of the performance guaranty.
(6)
Payment to contractors. No developer shall enter into
any contract requiring the Borough, the Borough Engineer, or any of
their agents, employees or other representatives to make any declarations,
written or otherwise, as a condition of payment of said developer
to a contractor as to the acceptance or rejection of the work. Neither
the Borough, the Borough Engineer nor any of their agents, employees
or representatives shall make any such declaration.
(7)
Procedure on acceptance of public improvements. When
the developer has constructed and installed the streets, drainage
facilities, curbs, sidewalks, street signs, monuments and other improvements
in accordance with Borough regulations, standards and specifications,
and desires the Borough to accept the said improvements, he shall,
in writing, addressed to and in a form approved by the Borough, with
copies thereof to the Borough Engineer, request the Borough Engineer
to make a semifinal inspection of the said improvements. If the improvements
have been constructed under a performance guaranty after approval
of a final plat, the developer shall submit an as-built plan showing
as-built grades, profiles and sections and locations of all subsurface
utilities such as french drains, combination drains, sanitary sewage
disposal systems, both public and individual water lines and control
valves, gas lines, telephone conduits, monuments, iron property markers,
and any other utilities or improvements installed other than as shown
on the approved final plat. Said as-built plan shall be certified
to by a licensed New Jersey professional engineer. If any improvements
are constructed prior to final plat approval, the final plat shall
reflect all changes and as-built conditions and be so certified. Said
as-built plan(s) shall be submitted on reproducible media.
(8)
Additional inspection fee escrow. If the Borough determines
that a proposed development involves unusual or complicated aspects
which could result in expense to the Borough in excess of the inspection
fees set forth above, the municipal agency may, as a condition of
final approval, require the developer to provide an additional escrow
deposit. Expenses in excess of the normal inspection fees may be deducted
from the escrow deposit. Any balance shall be returned to the applicant
upon release of the performance guarantees and/or issuance of a final
certificate of occupancy. In determining the amount of any escrow
required, the Borough, or Borough Engineer, may consider:
[Amended by Ord. No. 20-88]
D.
Site maintenance during construction.
(1)
It shall be the responsibility of the developer to
maintain the entire site or subdivision in a safe and orderly condition
during construction. Necessary steps shall be taken by the developer
to protect occupants of the site or subdivision and the general public
from hazardous and unsightly conditions during the entire construction
period. These steps shall include but are not limited to the following:
(a)
Open excavations shall be enclosed by fencing
or barricades during nonconstruction hours. Moveable barricades shall
be equipped with yellow flashing hazard markers or other lighting
during the hours of darkness.
(b)
The excavation of previously installed sidewalk
and pavement areas which provide access to occupied buildings in the
site or subdivision shall be clearly marked with signs and barricades.
Alternate safe access shall be provided for pedestrians and vehicles
to the occupied buildings.
(c)
Materials stored on the site shall be screened
from the view of occupants of the subdivision or site and adjoining
streets and properties.
(d)
Construction equipment, materials and trucks
shall not be stored within 150 feet of occupied buildings in the site
or subdivision and adjoining streets and properties during nonconstruction
hours.
(e)
Safe vehicular and pedestrian access to occupied
buildings in the site or subdivision shall be provided at all times.
(f)
Construction activities which create obnoxious
and unnecessary dust, fumes, odors, smoke, vibrations or glare noticeable
in occupied buildings in the subdivision or site and adjoining properties
and streets shall not be permitted.
(g)
Construction activities which will result in
damage to trees and landscaping and occupied buildings in the site
or subdivision or adjoining properties shall not be permitted.
(h)
All locations and activities in the site or
subdivision which present potential hazards shall be marked with signs
indicating the potential hazard.
(i)
Unsightly construction debris, including scrap
materials, cartons, boxes and wrappings, must be removed daily at
the end of each working day.
(j)
Whenever construction activities take place
within or adjacent to any traveled way, or, interfere with existing
traffic patterns in any manner, suitable warning signs, conforming
to the requirements of the Uniform Manual on Traffic Control Devices,
will be erected and maintained by the developer.
(2)
Should the developer fail in his obligation to maintain
the site or subdivision in a safe and orderly condition, the Borough
may, on five days' written notice or immediately in the case of hazard
to life, health or property, undertake whatever work may be necessary
to return the site or subdivision to a safe and orderly condition
and deduct the cost thereof from the 10% cash or certified check portion
of the performance guaranty. Upon notice of such deduction, the developer
shall, within 10 days, restore the full 10% cash balance or his performance
guaranty will be considered breached and the Borough may take such
action as it is entitled to by law.
E.
Improvements required prior to issuance of certificate
of occupancy.
(1)
No permanent certificate of occupancy shall be issued
for any use or building until all required improvements are installed
and approved by the Borough Engineer or other appropriate authority.
(2)
No temporary certificate of occupancy shall be issued
for any use or building involving the installation of utilities or
street improvements, parking areas, buffer areas, storm drainage facilities,
other site improvements, the alteration of the existing grade on a
lot or the utilization of a new on-site well or sanitary disposal
system unless the Borough Engineer or other appropriate authority
shall have, where applicable, certified to the following:
(a)
Utilities and drainage. All utilities, including,
but not limited to, water, gas, storm drains, sanitary sewers, electric
lines and telephone lines, shall have been properly installed and
service to the lot, building or use from such utilities shall be available.
(b)
Grading of street rights-of-way. All street
rights-of-way necessary to provide access to the lot in question shall
have been completely graded and all slope retaining devices or slope
planting shall have been installed.
(c)
Street rights-of-way. All street rights-of-way
necessary to provide access to the lot, building or use in question
shall have been completely graded and all slope-retaining devices
or slope planting shall have been installed.
(d)
Sidewalks. All sidewalks necessary to provide
access to the lot, building or use in question shall have been properly
installed.
(e)
Streets. Curbing and the bituminous base course
of bituminous concrete streets or the curbing and pavement course
for Portland cement concrete streets necessary to provide access to
the proposed lot, building or use shall have been properly installed.
(f)
Curbing and parking areas. Curbing and the bituminous
base course of parking areas necessary to provide access to the required
number of parking spaces for the building or use in question shall
have been properly installed.
(g)
Obstructions. All exposed obstructions in parking
areas, access drives or streets such as manhole frames, water boxes,
gas boxes and the like shall be protected by building to the top of
such exposures with bituminous concrete as directed by the Borough
Engineer.
(h)
Screening, fences and landscaping. All required
screening, fencing and/or landscaping related to the lot, building
or use in question shall have been properly installed unless the Borough
Engineer, upon the advice of the Shade Tree Commission, shall direct
the developer to delay the planting of screening and landscaping until
the next planting season in order to improve the chances of survival
of such plantings.
(i)
Site grading. All site grading necessary to
permit proper surface drainage and prevent erosion of soils shall
have been completed in accordance with the approved soil disturbance
plans.
(j)
On-site wells. All on-site wells have been installed,
tested and approved by the Monmouth County Board of Health.
[Amended 10-14-2020 by Ord. No. 15-2020]
(k)
On-site sanitary disposal systems. All on-site
sanitary disposal systems shall have been installed and approved by
the Plumbing Inspector, Eatontown Sewerage Authority, or official
having jurisdiction thereof.
(l)
Public water supply. Where the proposed lot,
building or use is served by a public water supply, said supply shall
have been installed and tested and all required fire hydrants or fire
connections shall have been installed and tested and approved by the
Chief of the Fire Prevention Bureau.
(m)
Lighting. All outdoor lighting shall have been
installed and shall be operational.
(n)
Street signs and traffic control devices. All
street signs, paint lining and/or traffic control devices affecting
the proposed lot, building or use, and required under the terms of
approval of a subdivision or site plan or by federal, state, county
or municipal rules, regulations or laws, shall have been installed.
(o)
Other. Any other conditions established for
issuance of a certificate of occupancy by the Planning Board as a
condition of final site plan approval shall be complied with.
F.
Maintenance guarantee.
(1)
A maintenance guarantee shall be furnished by the developer upon release of the performance guarantee, acceptance of public improvements by the Borough Council and/or approval of site improvements by the Borough Engineer. The developer may elect to furnish such maintenance guarantee either by (1) maintaining on deposit with the Borough the 10% cash or certified check portion of the performance guarantee provided in accordance with § 89-92A of this article; (2) by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Borough Attorney and Borough in an amount equal to 15% of the total performance guarantee provided in accordance with § 89-92A of this article. The maintenance guarantee shall begin with the release of the performance guarantee and shall run for a period of one year from the release of the performance guarantee. Should he fail in his obligation to properly maintain all improvements, the Borough may, on 10 days' written notice or immediately, in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guarantee. At the end of the maintenance guarantee period the cash or certified check on deposit will be returned to the subdivider less any sums, properly documented by the Borough, which have been expended to repair or replace any unsatisfactory improvements.
(2)
The maintenance guarantee and bond shall be reviewed
by the Borough Engineer and Borough Attorney and approved by the governing
body. 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 given to another
governmental agency, no performance or maintenance guarantee, as the
case may be, shall be required for such utilities or improvements.
Before any developer effectively assigns any
of his interest in any preliminary or final approval, he must notify
the Administrative Secretary and supply detailed information with
regard to the name, address, principals, type of organization, competency,
experience and past performance of the assignee, transferee or agent.
Notice of such assignment or transfer shall be given no later than
10 days after its effective date. The assignee must be made acquainted
with all the conditions of approval and the developer shall so certify.
A.
No contractor, builder, developer or subcontractor
shall engage any personnel in any of the work on constructing any
improvements unless they are continually supervised by a competent,
English-speaking supervisor acceptable to the Borough Engineer.
B.
No less than five days prior to commencing construction
of any improvements on the site, the developer or his agent shall
provide the Borough Engineer with the names, addresses, phone numbers
and emergency phone numbers of the developer and/or a representative
empowered to act for the developer and/or each contractor and their
supervisor in charge of the construction, setting forth the aspect
of construction for which each is responsible.
C.
The developer may retain throughout the course of
construction a registered New Jersey professional engineer to supervise
the implementation of the approved subdivision or site design and
to make periodic reports to the Borough as well as to the developer
regarding conformance of the construction with the requirements of
final approval.
D.
If the developer proposes to retain someone other
than the engineer who prepared the final plat to supervise construction,
he shall notify the Borough Engineer and the Planning Board of the
name, address and license number of the engineer retained. If at any
time during the course of construction the developer elects or is
required to replace the responsible engineer and/or employ additional
engineers, he shall likewise notify the Borough Engineer and Planning
Board.
E.
The supervising engineer shall immediately notify
the Borough Engineer of any deviation (observed or proposed) from
the requirement of final approval and/or this chapter.
F.
At regular intervals during the course of construction,
but not less often than at monthly intervals, the supervising engineer
shall submit to the Borough Engineer a report listing his observations
of the work undertaken during the reporting period, specifically noting
any deviation from the requirements of final approval and/or this
chapter and listing those improvements expected to be undertaken during
the next reporting period. The developer shall accompany any request
for acceptance of public improvements and/or release of performance
guarantees with a certification by the responsible supervising engineer
attesting to the completion of the improvements in full conformance
with the requirements of final approval and this chapter and/or specifically
noting any deviation therefrom.
[Amended by Ord. No. 3-80]
A.
Concurrent with any application for development which
is for a residential use involving 10 acres or more of land or 25
or more dwelling units, or four acres or more of land for any nonresidential
use, the applicant shall submit five copies of an environmental impact
statement to accompany the application. The environmental impact statement
will:
(1)
Describe the physical characteristics and the natural
resources of the site to include at least topography, soils, geology,
present drainage patterns and volumes, floodplain areas, existing
structures and other improvements, plant life and wildlife.
(2)
Provide a comparison of the proposed project to the
data contained in the Borough of Eatontown Natural Resources Inventory
and a justification of any discrepancies between the information in
the Natural Resources Inventory and the proposed development.
(4)
Provide details of the design of the proposed development.
(5)
Describe all of the probable effects, both on-site
and off-site, of the proposed development upon:
(a)
Physical characteristics and natural resources
of all kinds, including plant and wildlife;
(b)
Hydrologic conditions and existing surface and
stormwater drainage patterns and flows and floodplain areas;
(c)
Soil erosion and sedimentation with reference to standards established by Chapter 278, Soil Erosion and Sediment Control, of the Code of the Borough of Eatontown;
(d)
Water quality with reference to standards established
by the New Jersey Department of Environmental Protection;
(e)
Air quality with reference to standards established
by the New Jersey Department of Environmental Protection;
(f)
Noise levels with reference to standards established
by the New Jersey Department of Environmental Protection;
(g)
Potable water supply;
(h)
Sanitary sewerage disposal;
(i)
Traffic volume and flow;
(j)
Municipal services required to serve the proposed
developments;
(k)
Revenues accruing to and costs incurred by the
Borough;
(l)
Employment levels within the Borough;
(m)
Health, safety and welfare of the public.
(6)
Provide a list of all permits which will be required
in order to permit commencement of construction of the proposed development.
(7)
Describe any irreversible and irretrievable commitments
of resources which would be involved in the proposed action should
it be implemented.
(8)
Discuss alternative proposals for the proposed development
which will reduce or eliminate any adverse on-site or off-site environmental
effects.
(9)
Discuss the steps proposed to be taken before, during
and after the development to minimize any adverse on-site or off-site
environmental effects which cannot be avoided.
(10)
Describe the relationship between local short-term
uses of the environment and maintenance and enhancement of long-term
productivity; discuss effects during the construction phase as well
as short- and long-term impacts.
B.
The Planning Board shall forward two copies of every
environmental impact statement to the Borough Environmental Commission,
which may furnish comments thereon to the Planning Board within 45
days of its receipt thereof.
C.
Before scheduling a public hearing the Planning Board
may require revision or supplementation of the application, environmental
impact statement and accompanying plans based upon recommendations
from the Environmental Commission or findings of the Board.
D.
The Planning Board may select among alternative proposals
in the environmental impact statement and may establish conditions
considered necessary to eliminate or minimize any temporary or permanent
adverse on-site or off-site environmental effects of the proposed
development.
