Article V Subdivision and Site Plan Review

Upon the submission of a complete application for a site plan which involves 10 acres of land or fewer or 10 dwelling units or fewer, the Land Use Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant.

Upon the submission of a complete application for a site plan which involves more than 10 acres or greater than 10 dwelling units, the Land Use Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

Conditional uses. Upon the submission of a complete application for a conditional use, the Land Use Board shall grant or deny preliminary approval of it within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

[Amended 8-28-2014 by Ord. No. 9-2014]

Subdivisions.

Upon the submission of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision, the Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant, except that if the application for subdivision approval also involves an application for a variance, the Board shall grant or deny preliminary approval within 95 days of the date of such submission of a complete application or within such further time as may be consented to by the applicant.

§ 170-22 Rights conferred by preliminary approval.

Upon the submission of a complete application for a subdivision of more than 10 lots, the Land Use Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

[Amended 8-28-2014 by Ord. No. 9-2014]

Failure of the Land Use Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the subdivision, site plan or conditional use as submitted.

[Amended 8-28-2014 by Ord. No. 9-2014]

If the Land Use Board requires any substantial amendments in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and shall proceed as in the case of the original application for development.

[Amended 8-28-2014 by Ord. No. 9-2014]

Nothing herein shall be construed to limit the right of a developer to submit a sketch plat to the Land Use Board for an informal review, and neither the Land Use Board nor the developer shall be bound by any discussions or statements during such review, provided that the right of the developer at any time to submit a complete application for subdivision or site plan approval shall not be limited to the submission of a sketch plat, and the time for Land Use Board decision shall begin to run until the submission of a complete application.

[Amended 8-28-2014 by Ord. No. 9-2014]

The Land Use Board will not provide any professional review outside the Land Use Board meeting to applicants without the payment of a required escrow fee for review costs.

[Amended 8-28-2014 by Ord. No. 9-2014]

Preliminary approval of a major subdivision or site plan, except as provided in Subsection B of this section, shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

[Amended 2-25-1993 by Ord. No. 3-1993]

That the general terms and conditions on which preliminary approval was granted should not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks, if any; lot size, yard dimensions and off-tract improvements; and, in the case of site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and the location of structures; and exterior lighting for both safety reasons and streetlighting, except that nothing herein shall be construed to prevent the Common Council from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan.

§ 170-23 Application for final approval.

That the applicant may apply for and the reviewing Board may grant extensions of such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a subdivision or site plan of an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time longer than three years as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised by ordinance, such revised standards may govern.

Whenever the Land Use Board grants an extension of preliminary approval pursuant to Subsection A(3) or B of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

[Added 2-25-1993 by Ord. No. 3-1993; amended 8-28-2014 by Ord. No. 9-2014]

The Land Use Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Land Use Board from granting an extension pursuant to Subsection A(3) or B of this section.

[Added 2-25-1993 by Ord. No. 3-1993; amended 8-28-2014 by Ord. No. 9-2014]

The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that in the case of a planned development, the reviewing body may permit minimal deviations from the conditions of preliminary approval necessitated by change of condition beyond the control of the developer since the date of preliminary approval without the developer's being required to submit another application for development for preliminary approval.

Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the period prescribed shall constitute final approval of the application as submitted. A certificate of the Secretary of the reviewing board as to failure of the reviewing board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other qualified evidence of approval.

A complete application for final approval shall consist of the following, where applicable:

A properly completed final subdivision or site plan approval form.

The required fee or fees.

A site plan in final form, including all the information shown on the preliminary plat and the conditions of preliminary approval.

A subdivision plat conforming to the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.

A certificate of filing from the Pinelands Commission pursuant to § 170-32B or C of this chapter or, where a prior local approval has been issued, the information required pursuant to § 170-32F.

[Amended 4-6-1989 by Ord. No. 5-1989]

§ 170-24 Effect of final approval.

Requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that in the case of major subdivisions, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in this chapter, the reviewing board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provision of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to this chapter for the section granted final approval.

[Amended 2-25-1993 by Ord. No. 3-1993]

In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or a site plan of 150 acres or more, or site plan for development of a nonresdiential floor area of 200,000 square feet of more, the reviewing board may grant the rights referred to in Subsection A of this section for such period of time longer than two years, as shall be determined the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible after final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the reviewing board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

[Amended 8-26-1999 by Ord. No. 16-1999]

Whenever the Land Use Board grants an extension of final approval pursuant to Subsection A or B of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

[Added 2-25-1993 by Ord. No. 3-1993; amended 8-28-2014 by Ord. No. 9-2014]

The Land Use Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Land Use Board from granting an extension pursuant to Subsection A or B of this section.

[Added 2-25-1993 by Ord. No. 3-1993; amended 8-28-2014 by Ord. No. 9-2014]

§ 170-25 Minor subdivisions.

The Land Use Board may waive notice and public hearing for an application for development if the Development Review Committee finds that the application for development conforms to the definition of "minor subdivision" set forth in this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to this chapter.

[Amended 8-28-2014 by Ord. No. 9-2014]

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the Land Use Board as to the failure of the Land Use Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Clerk for purposes of filing subdivision plats.

[Amended 8-28-2014 by Ord. No. 9-2014]

Except as provided in Subsection E of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted. Any such plat or deed accepted for such filing shall have been signed by the Chair and Secretary of the Land Use Board. In reviewing the application for development for a proposed minor subdivision, the Land Use Board may accept a plat not in conformity with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said law.

[Amended 2-25 1993 by Ord. No. 3-1993; 8-28-2014 by Ord. No. 9-2014]

The zoning district requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided herein.

[Amended 2-25-1993 by Ord. No. 3-1993]

The Land Use Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection D if the developer proves to the reasonable satisfaction of the Land Use Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Land Use Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

[Added 2-25-1993 by Ord. No. 3-1993; amended 8-28-2014 by Ord. No. 9-2014]

The Land Use Board shall grant an extension of minor subdivision approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

[Added 2-25-1993 by Ord. No. 3-1993; amended 8-28-2014 by Ord. No. 9-2014]

§ 170-26 Filing of subdivision plats.

[Amended 2-25-1993 by Ord. No. 3-1993; 8-28-2014 by Ord. No. 9-2014]

Final approval of a major subdivision shall expire 95 days from the date of signing of a plat unless, within such period, the plat shall have been duly filed by the developer with the County Clerk. The reviewing board may, for good cause shown, extend the period of recording for an additional period not to exceed 190 days from the date of signing of the plat. The Land Use Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Land Use Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Land Use Board. The developer may apply for an extension either before or after the original expiration date.

No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Land Use Board as indicated on the instrument by the signature of the Chair and Secretary of the reviewing board or a certificate has been issued pursuant to Sections 35, 38, 44, 48, 54 or 63 of P.L. 1975, c. 291, N.J.S.A. 40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67 or 40:55D-76. The signatures of the Chair and Secretary of the reviewing board shall not be affixed until the developer has posted the guaranties required pursuant to § 170-50 of this chapter.

§ 170-27 Site plan exemptions.

[Amended 2-25-1993 by Ord. No. 3-1993; 4-8-1993 by Ord. No. 6-1993]

Site plan review and approval shall not be required for:

Building permits for individual lot applications involving detached one-unit or two-unit dwelling buildings.

Accessory uses for detached one-unit or two-unit dwelling buildings.

A sign for an existing use which meets all requirements of this chapter, as determined by the Zoning Officer.

§ 170-28 Application requirements for subdivision and site plan review.

Buildings incidental to an agricultural land use, provided that they do not exceed 1,000 square feet and comply with all respects with the terms of this chapter.

The Land Use Board when acting upon an application for site plan approval shall have the power to grant exceptions and waivers from the requirements for site plan approval, including all of the requirements as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of this chapter if the literal enforcement of one or more provisions of this chapter is impractical, unnecessary or will exact undue hardship upon the developer because of peculiar conditions pertaining to the land in question.

[Amended 8-28-2014 by Ord. No. 9-2014]

Site plan review may be waived by the Land Use Board if it determines that the development would not result in any significant impact on the site or surrounding area. An applicant must provide sufficient information to demonstrate that the proposal will be in compliance with all requirements of this chapter.

[Amended 8-28-2014 by Ord. No. 9-2014]

Applications for subdivision and site plan review and approval shall be made to the Egg Harbor City Land Use Board; procedures are contained in Article X of this chapter.

[Amended 8-28-2014 by Ord. No. 9-2014]

Any application for subdivision or site plan review and approval shall include or be accompanied by adequate proof that no taxes or assessments for local improvements are due or delinquent on the subject property or evidence that the proposed subdivision or site plan conforms with all other applicable provisions of other sections of this chapter or, if not, the exact nature of any variance required. All applications for development must meet all Pinelands application requirements set forth in § 170-32B and C.

[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No. 13-1989]

§ 170-29 Minor subdivision plat.

Proposed subdivisions that are found by the Development Review Committee to comply with the definition of a "minor subdivision" contained in § 170-17 of this chapter shall be considered and reviewed according to specific procedures contained in § 170-20 of this chapter. In the case of minor subdivisions, the Land Use Board may determine, either by general rule or in special cases, that a public hearing may be waived. The first approval given a minor subdivision shall be deemed to be final approval of the subdivision, provided that the Development Review Committee may condition such approval on terms ensuring the provision of improvements pursuant to § 170-36, if applicable.

[Amended 8-28-2014 by Ord. No. 9-2014]

The application form for minor subdivision review shall be completed and shall be accompanied by a plat signed and sealed by a licensed land surveyor, which plat shall be a certified survey of the tract, at a suitable scale to enable the entire tract to be shown on one sheet, and which shall show or include the following information:

A key map showing the entire subdivision in relation to the surrounding area and roadway system; the key map shall be taken from the Egg Harbor City Zoning Boundaries Map[1] with the property plotted therein.

Editor's Note: See § 170-11 of this chapter.

All existing structures and wooded areas within the parcel to be subdivided and within 200 feet of said parcel.

The name and address of the owner and the name of all property owners within 200 feet, as disclosed by the most recent municipal tax records.

The Tax Map sheet, block and lot numbers.

All existing and proposed streets and easements, including public utility easements, within or adjoining the proposed subdivision with right-of-way widths clearly indicated.

The dimensions of all proposed lot lines of all new lots being created and parcels being retained and any existing lot lines to be eliminated by the proposed subdivision shall be clearly indicated.

The location, size and direction of flow of all streams, brooks, lakes, watercourses, drainage structures and drainage ditches in the area to be subdivided and within 300 feet of the proposed subdivision.

A North arrow, scale at which the plat is drawn and date of preparation.

Acreage of the entire tract and of new parcels being proposed.

Number of new lots being created.

Name and address of the owner, subdivider and person preparing the plat.

The classification of the zoning district or districts in which the proposed subdivision is located.

The location of any proposed open space or recreation areas.

Soil types shall be plotted on the plat as determined from Soil Conservation Service Soil Survey Maps or a field survey by a qualified soil scientist.

A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:

On-site treatment and holding facilities: the location, size, type and capacity of any proposed on-site wastewater treatment or holding facilities or the location and size of sanitary sewer collection lines.

Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted at suitable locations with a tract map showing the location, logs and elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in this article.

§ 170-30 Sketch plat, preliminary plat and final plat for major subdivisions.

A certificate of filing from the Pinelands Commission pursuant to § 170-32B or C, or where a prior local approval has been issued, the information required pursuant to § 170-32F.

[Amended 8-17-1989 by Ord. No. 13-1989]

Major subdivision sketch plats for discussion purposes shall be drawn to a scale of not less than one inch equals 200 feet and shall, as a minimum, include the items in § 170-29B(1) through (14).

Applications for major subdivisions shall be made for preliminary review and approval by the Egg Harbor City Land Use Board on appropriate application forms to be provided by said Land Use Board.

[Amended 8-28-2014 by Ord. No. 9-2014]

Preliminary submission requirements. An application for preliminary plat review and approval shall include a completed application form and a certificate of filing from the Pinelands Commission pursuant to § 170-32 of this article, together with a preliminary plat which shall be clearly and accurately drawn or reproduced at a suitable scale of not less than one inch equals 100 feet, designed and drawn by a professional engineer and licensed land surveyor, with certification that outbounds of the tract have been accurately located; shall be designed in compliance with the provisions of Article V of this chapter; and shall show or be accompanied by the following information:

A key map, based on the Egg Harbor City Zoning Boundaries Map,[1] showing the entire subdivision, the proposed street pattern in the area to be subdivided, the distance to the nearest existing developed area and the relationship of the subject tract to the surrounding area and road system.

Editor's Note: See § 170-11 of this chapter.

The name of the proposed subdivision; applicable Municipal Tax Map sheets, block and lot numbers; and the date, reference meridian, graphic scale and the following names and addresses:

The name and address of the record owner or owners and the name of all adjoining property owners as disclosed by the most recent municipal tax records.

The name and address of the subdivider.

The name and address of the person who prepared the plat.

Acreage of the tract to be subdivided to the nearest tenth of an acre and the number of lots to be formed. The dimensions of all proposed lot lines of all new lots being created and parcels being retained to the nearest foot and any existing lot lines to be eliminated by the proposed subdivision shall be clearly indicated.

The location of existing and proposed property lines; existing or proposed railroads or bridges; existing buildings and structures, with an indication of whether they will be retained or removed; proposed building setback lines from streets; and the outline of any wooded areas, together with the limit of any proposed clearing. Vegetation information may be required in any major subdivision application at the request of the City Land Use Board.

[Amended 8-26-1999 by Ord. No. 16-1999; 8-28-2014 by Ord. No. 9-2014]

Profiles and cross sections of proposed streets within the subdivision and existing streets and highways abutting the subdivision. Typical cross sections of streets shall clearly indicate the type and width of paving, location of curb, location of sidewalks and street tree locations. Buffer or screen planting locations, any existing or proposed sight triangles at intersections and the radius of the curblines shall be indicated.

Elevation contours as outlined in § 170-31A(1)(l) of this chapter. All contour lines shall be referenced to the National Geodetic Vertical Datum, 1929. Appropriate contour designations shall show existing ground elevations and proposed elevations in any areas to be regraded.

All existing watercourses shall be shown, and the application shall include or be accompanied by the following data:

In cases where a brook or stream is proposed for alteration, improvement or relocation or when any structures are proposed within the ordinary high-water mark of a stream with a drainage area of 1/2 square mile, a stream encroachment permit issued by the New Jersey Division of Water Resources, Bureau of Water Control, shall accompany the application.

Cross sections of all watercourses at an appropriate scale, showing the extent of the floodplain, top of bank, normal water level and abutting lot elevations at the following locations: any point where the watercourse crosses the boundary of the subdivision; at fifty-foot intervals for a distance of 300 feet upstream and adjacent to the subdivision; immediately upstream and downstream of any point of juncture of two or more watercourses; and at a maximum of three-hundred-foot intervals along all watercourses which run through or adjacent to the subdivision.

When ditches, streams, brooks or watercourses are involved, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation, as well as typical ditch section profiles, shall be shown on the plat or accompanying it.

The boundaries of the floodplain and special flood hazard areas of all watercourses within or adjacent to the subdivision as such are shown on the Egg Harbor City Flood Insurance Rate Maps.

Profile of streambed 300 feet upstream and downstream from subject property limits.

The total acreage of the drainage basin, upstream of the proposed subdivision of any watercourse running through or adjacent to said subdivision.

The total acreage of the drainage basin (of which the subdivision is a part) to the nearest downstream drainage structure.

The location and extent of drainage or conservation easements and stream encroachment lines.

The location, extent and water level of all existing or proposed lakes or ponds located within or adjacent to the subdivision.

The plat shall show or be accompanied by plans and computations for a storm drainage system, including the following:

All existing or proposed storm sewer lines within or adjacent to the subdivision, showing size and the profile of the lines, direction of flow and the location of manholes and inlets and all calculation sheets used for the design of the proposed storm sewer system.

The location and extent of any proposed dry wells, groundwater recharge basins, retention basins or other water conservation devices. Plans of proposed utility layouts (sewer, storm drains, water, gas, electricity) shall be included and shall indicate feasible connections to existing or any proposed utility systems. Any sewage collection or water distribution system must have preliminary approval by the Egg Harbor City Municipal Utilities Authority. When a private centralized water supply or sewage facility system is proposed, the plans for such system must have approval of the Egg Harbor City Municipal Utilities Authority and appropriate county and state agencies. When a public or acceptable private community sewage system is not available or proposed for development within a reasonable period of time as determined by the Land Use Board, uniformly distributed soil borings to first groundwater or a maximum of 20 feet and percolation tests as specified in the table below and the results, including the date made, together with evidence of submission to the County Health Department, must be submitted with the preliminary plat. The depth to seasonal high water at each percolation test location shall also be submitted. Any subdivision or part thereof that does not meet with the established sewage collection and treatment requirements of this chapter or other applicable Egg Harbor City regulations shall not be approved. Any remedy proposed to overcome the shortcoming shall be first approved by the appropriate local, county and state agencies. In addition, soil borings and percolation tests shall be provided at all dry wells, recharge basins and retention basins. Percolation tests shall be taken at the approximate depth of the recharge facility. All retention or detention facilities shall be designed to have a minimum of two feet from the bottom of the facility to the maximum groundwater, as determined by mottling or other approved methods.

[Amended 8-28-2014 by Ord. No. 9-2014]

Soil Borings and Percolation Tests (Individual Septic Systems)
Development Acreage	Number of Soil Borings	Number of Percolation Tests
0 to 5	2	2
5 to 20	4	6
20 to 50	5	10
50 to 75	7	15
75 to 100	10	20
Over 100	1 per 10 acres	2 per 10 acres

Any lands to be dedicated or reserved for public use shall be clearly indicated.

The location of all underground or surface utilities and easements to accommodate them shall be clearly indicated.

A copy of any protective covenants or deed restrictions proposed for application to the land being subdivided shall accompany the preliminary plat.

The location of standards, distance from intersections and illumination factors for all streetlighting shall be included.

(17)

An area acceptable to the Land Use Board as to location and shape, suitable for City recreation purposes, shall be shown. Such area shall comprise not less than 15% of the land area to be developed. Such parcels, when approved by the Land Use Board, constitute an amendment to the Egg Harbor City Comprehensive Plan and may be donated by the developer to the City or will be reserved for a period of one year from the date of preliminary approval, during which the City may institute acquisition procedures. All new residential development shall be required to comply with the requirements for common open space contained in § 170-103. All new residential development should be required to provide for the recreational needs of residents, and may be guided by the recommendation contained below. The Land Use Board may exercise discretion in allowing specific recreation improvements based upon the anticipated users of the facilities.

[Amended 6-24-2010 by Ord. No. 14-2010; 8-28-2014 by Ord. No. 9-2014]

Dwelling Units	Land	Tot Lots	Tennis Courts	Basketball Courts	Play Fields	Multipurpose
1 to 4	N/A	N/A	N/A	N/A	N/A	N/A
5 to 24	*	1	N/A	N/A	N/A	N/A
25 to 49	*	1	N/A	1	N/A	N/A
50 to 99	*	1	1	1	N/A	N/A
100 to 199	*	2	2	1	N/A	N/A
200 to 249	*	2	2	1	1	1
250 to 349	*	2	3	1	1	1
350 to 449	*	2	4	2	1	1

*Note: 0.05 acre per dwelling unit plus 5% of the gross site area for undeveloped passive recreation.

(18)

A soil erosion and sediment control plan.

(19)

A list of other agencies requiring their approval and the status of the application of these agencies.

(20)

Copies of all documents submitted to the Pinelands Commission pursuant to N.J.A.C. 7:50-4.2(b)5.

[Added 5-13-1993 by Ord. No. 8-1993]

(21)

Any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land shall provide a written plan and illustrative plan for the collection, disposition and recycling of recyclable materials.

[Added 6-24-2010 by Ord. No. 14-2010]

(22)

A developer of 10 or more units of residential housing shall prepare calculations of the future residents and school age children using the following multipliers. Alternate calculations submitted by the developer may be used if the Land Use Board finds the multipliers acceptable. Alternate calculations would be expected for specialized housing such as age-restricted housing, assisted living or college dormitories.

[Added 6-24-2010 by Ord. No. 14-2010; amended 8-28-2014 by Ord. No. 9-2014]

Population.

Data for determining population. (Source: Listokin, New Jersey Demographic Multipliers, 2006.)

Unit Type		Residents
Single-family detached
	2 to 3 bedrooms	2.822
	4 to 5 bedrooms	3.728
Single-family attached and townhouses
	2 to 3 bedrooms	2.232
	4 to 5 bedrooms	3.255
5+ units apartment
	0 to 1 bedroom	1.278
	2 to 3 bedrooms	2.030
2 to 4 units
	0 to 1 bedroom	2.078
	2 to 3 bedrooms	2.571

Method of calculating population for development. Determine the total number of dwelling units by type and bedroom count; multiply each by the resident factor. Add the results of each calculation to determine the total projected population.

School-age children.

Data for determining school-age children. (Source: Listokin, New Jersey Demographic Multipliers, 2006.)

Unit Type		Total School-Age Children
Single-family detached
	2 to 3 bedrooms	0.537
	4 to 5 bedrooms	1.049
Single-family attached and townhouses
	2 to 3 bedrooms	0.317
	4 to 5 bedrooms	0.689
5+ units apartment
	0 to 1 bedroom	0.052
	2 to 3 bedrooms	0.251
2 to 4 units
	0 to 1 bedroom	0.523
	2 to 3 bedrooms	0.581

Method of calculating school-age children for development. Determine the total number of dwelling units by type and bedroom count; multiply each by the school-age children factor. Add the results of each calculation to determine the total projected school-age children population by level.

Final submission requirements. Final submission plats shall be accompanied by an appropriate completed application form, shall be drawn in ink on translucent tracing cloth or its equivalent at a suitable scale and shall comply with all provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.). The final plat shall show or be accompanied by only that information and those details specified in the aforementioned New Jersey Map Filing Law or in the following list:

The date, location and name of the subdivision, names of the owners, graphic scale and reference meridian.

Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, lot lines and other site lines, all with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves. Distances and bearings shall be on North American Datum of 1927 or North American Datum of 1983, as specified by the Municipal Engineer.

[Amended 2-25-1993 by Ord. No. 3-1993]

The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

All natural and artificial watercourses, streams, shorelines water boundaries and encroachment lines shall be shown. Final stormwater outfalls in retention basins or other receiving bodies of water shall be identified by coordinates based on the datum specified in Subsection D(2) above.

[Amended 2-25-1993 by Ord. No. 3-1993]

Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with Number 1.

Minimum building setback lines on all lots and other sites.

The location and description of all monuments.

Names of owners of adjoining land parcels.

Certification by a licensed land surveyor as to the accuracy of details of the plat.

Certification that the applicant is the owner or equitable owner of the land, or a representative thereof, or that the owner has given consent under an option agreement.

An updated certification from the Tax Collector that there are no delinquent taxes charged to the property involved in the subdivision.

The preliminary plat, engineering details, cross sections and profiles of streets and plan and profiles of storm drainage systems, approved by the City Engineer, shall be required to accompany the final plat, with all conditions of preliminary approval met and reviewed by the Engineer prior to final plat submission.

If applicable, plans and profiles of sanitary sewers and water mains, approved by the Municipal Sewerage Authority, will be required to accompany the final plat.

When approval of a plat is required by an officer or body of the municipality or county or state, approval shall be certified on the plat prior to its filing in the office of the County Clerk.

All approvals, notices and permits from other agencies. (See § 170-32 of this article for Pinelands requirements.)

§ 170-31 Site plan details and submission requirements.

Performance guaranties, approved by the Municipal Solicitor as to form and the Municipal Engineer as to amount, sufficient to ensure the satisfactory completion of improvements and facilities as required by the resolution of the Land Use Board granting preliminary approval. The developer's engineer shall submit a detailed engineer's estimate for review and approval by the Municipal Engineer.

[Amended 8-28-2014 by Ord. No. 9-2014]

(17)

Whenever the Land Use Board is acting upon a subdivision review and approval and a developer is required to provide landscaping and open space pursuant to requirements of the Egg Harbor City Developmental Ordinance or any adopted Redevelopment Plan, a developer may request that a portion of the requirement be waived if a monetary contribution is made to the City for development of landscaping or open space at another site found acceptable to the City. The amount of the contribution shall be reviewed and approved by the Land Use Board Planner and Engineer.

[Added 10-24-2013 by Ord. No. 14-2013; amended 8-28-2014 by Ord. No. 9-2014]

In cases requiring site plan review and approval, applications for development shall be in accordance with the provisions of § 170-20 and shall be accompanied by information and documentation specified in this section.

Preliminary submission requirements.

Site plans submitted for conventional developments shall include materials that clearly show conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed development and the appearance and function of the proposed development. The various elements of the site plan shall be prepared by the professionals as required in N.J.A.C. 13:40-7.1, licensed to practice in the State of New Jersey, according to the following instructions and including the following information and data:

Site plans shall be drawn to a scale of not less than 100 feet to the inch. All distances shall be in decimals of a foot, and all bearings shall be given to the nearest tenth of a second, and the error of closure of the tract shall be one in 10,000 and certified by a licensed land surveyor. Distances and bearings shall be on the North American Datum of 1927 or North American Datum of 1983, as specified by the Municipal Engineer.

[Amended 2-25-1993 by Ord. No. 3-1993]

A key map showing the entire parcel to be developed and its relation to the surrounding area, based on the Egg Harbor City Zoning Map.[1]

Editor's Note: See § 170-11 of this chapter.

Title of development, North point, scale, name, address of record owner and persons preparing the site development plan, with their seal and signature affixed to said plan.

The name of the owners of record of all adjacent properties and the block and lot numbers of such adjacent properties.

All existing school, zoning and special district boundaries located on or adjacent to the property involved. Such boundaries shall be shown on the key map accompanying the detailed site plan.

The boundaries of the property involved, building or setback lines and lines of existing streets, lots, reservations, easements and other areas dedicated to public use.

The location of existing buildings and all other structures, such as but not limited to signs, culverts, bridges (with spot elevations of such structures), walls, fences, roadways and sidewalks.

The location of all proposed use areas, buildings, structures, including fences, roadways and sidewalks, and special sites for individual uses, all including proposed grades.

(i)

The location and design of any off-street parking or loading areas, showing the size and location of bays, aisleways, barriers, pedestrian access, vehicular access and the number of parking or loading spaces.

(j)

All means of vehicle access and egress proposed for the site, showing the size and location of driveways and driveway or curb openings to existing public streets.

(k)

The location of all storm drainage pipes, structures and watercourses, whether publicly or privately owned, with pipe sizes, grades and direction of flow, whether existing or proposed, and also whether above or below the ground surface. Final stormwater outfalls in streams, swales, retention basins or other receiving bodies of water shall be identified by coordinates based on the datum specified in Subsection A(1)(a), above.

[Amended 2-25-1993 by Ord. No. 3-1993]

(l)

Existing topography, with a contour interval of one foot where slopes are 3% or less, two feet where slopes are more than 3% but less than 15% and five feet where slopes are greater than 15%, referenced to the National Geodetic Vertical Datum, 1929, and indicated by a dashed line. Where any regrading is proposed, finished grade contours should be shown in solid lines.

(m)

The location of existing high points, depressions, ponds, marshes, wooded areas and other significant existing natural features. Vegetation information may be required at the request of the City Land Use Board. Watercourses and public roads located within 1,000 feet of the site shall be shown on the key map.

[Amended 8-26-1999 by Ord. No. 16-1999; 8-28-2014 by Ord. No. 9-2014]

(n)

[2]A certified survey prepared by a land surveyor licensed in the State of New Jersey shall accompany site plans and shall show the boundaries of the parcel and the limits of all proposed streets, recreation areas and other property to be dedicated to public use or to common open space. In the case of new commercial, industrial or public buildings, the site plan shall be accompanied by preliminary architectural floor plans and elevations, with the name, address, professional number and seal of the architect involved.

Editor's Note: Former Subsection A(1)(n) was repealed 8-26-1999 by Ord. No. 16-1999.

(o)

All proposed street profiles and cross sections shall be shown, indicating width of sidewalks and location and size of utility lines according to standards and specifications of Egg Harbor City. Such features are to be shown on a separate map when necessary.

(p)

Location of all proposed sewer and water lines, valves, hydrants and other appurtenances or alternative means of water supply and sewage disposal and treatment in conformance with applicable standards of the appropriate City, county and state agencies.

(q)

The proposed positioning, direction, illumination, wattage and periods of operation of all proposed outdoor lighting to be used anywhere on the site or in connection with any proposed building or structure, including signs, thereon. Standards are outlined in § 170-66 of this chapter.

(r)

Location of all proposed signs, their size, nature of construction, height and orientation, including all identification signs, traffic and directional signs and freestanding and facade signs, together with the nature and time control of sign lighting.

(s)

Proposed screening and landscaping plan incorporating the elements set forth in § 170-73A(4).

[Amended 7-24-1997 by Ord. No. 7-1997]

(t)

A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.

(u)

An internal surface drainage plan designed to produce no greater volume of surface runoff from the site subsequent to development than that existing prior to development.

(v)

Such other information or data as may be required by the Land Use Board, as set forth in its rules of procedure, in order to determine that the proposed development is in accord with the City Master Plan and all applicable ordinances of Egg Harbor City.

[Amended 8-28-2014 by Ord. No. 9-2014]

(w)

A listing of other required permits from agencies having jurisdiction and the status of each permit required.

(x)

Copies of all documents submitted to the Pinelands Commission pursuant to N.J.A.C. 7:50-4.2(b)5.

[Added 5-13-1993 by Ord. No. 8-1993]

(y)

In all residential developments, land area shall be reserved for recreation consistent with the requirements found in § 170-30C(17). New residential developments shall also provide for recreational needs of residents as provided for in § 170-30C(17).

[Added 6-24-2010 by Ord. No. 14-2010]

(z)

[Added 6-24-2010 by Ord. No. 14-2010]

(aa)

A developer of 10 or more units of residential housing shall prepare calculations of the future residents and school-age children using the multipliers contained in § 170-30C(22).

[Added 6-24-2010 by Ord. No. 14-2010]

In any case of any planned development, the application for site plan review shall be accompanied by 15 copies of all site plans and other documenting material. Prior to the determination of completeness of application for preliminary approval of any planned development under the terms of this chapter, the Land Use Board administrative officer shall, insofar as possible, secure the advice of the City Engineer and all other experts hired by the Land Use Board to review planned development applications concerning the adequacy of plans submitted and the completeness of the submission. In addition to the materials and data required in connection with conventional site plan applications as set forth above, an application for planned development shall show or be accompanied by:

[Amended 8-28-2014 by Ord. No. 9-2014]

An open space management report setting forth the form of organization proposed to own or maintain the common open space. Information shall be provided establishing that the association or other entity proposed to administer such common open space will have adequate funding and a sufficient organization to properly maintain, repair and replace such open space and its structures and facilities.

The use, approximate height and bulk of proposed buildings and other structures.

Modifications of existing City ordinance requirements governing streets or ways or the use, density and location of buildings or structures being requested.

The projected schedule for development and the approximate times when final approvals will be requested.

A statement as to why the public interest would be served by the proposed development.

Final submission requirements. Site plans shall be submitted for final approval in accordance with the provisions of § 170-20 and shall contain or be accompanied by the following:

Information and data contained in the submission for preliminary approval. Final site plans shall be drawn to a scale of not less than 50 feet to the inch.

Any site plan revisions, additional data or revised documentation required by the Land Use Board in its resolution granting preliminary approvals.

[Amended 8-28-2014 by Ord. No. 9-2014]

An offer of dedication of streets or other public ways and a deed for any public open space resulting from preliminary development approval.

[Amended 8-28-2014 by Ord. No. 9-2014]

A statement from the Municipal Engineer that adequate construction plans for all streets, drainage and other facilities covered by the City standards are adequate and comply with City standards.

All approvals from other agencies having jurisdiction, including a letter of comment/no comment by the Pinelands Commission pursuant to § 170-32 of this article.

Whenever the Land Use Board is acting upon a site plan review and approval and a developer is required to provide landscaping and open space pursuant to requirements of the Egg Harbor City Developmental Ordinance or any adopted Redevelopment Plan, a developer may request that a portion of the requirement be waived if a monetary contribution is made to the City for development of landscaping or open space at another site found acceptable to the City. The amount of the contribution shall be reviewed and approved by the Land Use Board Planner and Engineer.

[Added 10-24-2013 by Ord. No. 14-2013; amended 8-28-2014 by Ord. No. 9-2014]

Common open space documents. These documents shall ensure the adequate organization and financial soundness of the association or other entity proposed to own or maintain the common open space. Such documents shall include:

Articles of incorporation for any homeowner's association, condominium association or other organization to be established to maintain the common open space.

A master deed or declaration of covenants and restrictions detailing the rights and privileges of individual owners and residents, restricting the use of the common open space and establishing a system of fees assessed against individual owners. A proposed schedule of membership fees for at least the first five years of operations shall be provided.

§ 170-32 Pinelands application procedures.

Bylaws and membership rules and regulations of any such organization defining the details of its organization and operation.

Applicability of procedures.

No person shall carry out any development within the Pinelands Area without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in this article.

Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this section:

[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No. 7-1997]

The improvement, expansion or reconstruction within five years of destruction or demolition of any single-family dwelling unit or appurtenance thereto.

The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling.

The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes.

The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign.

The repair of existing utility distribution lines and the installation of utility distribution lines except for sewage lines to serve areas which are effectively developed or development which has received all necessary approvals and permits.

The clearing of less than 1,500 square feet of land.

The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure provided that:

[Amended 11-8-2018 by Ord. No. 14-2018]

If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and

If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.

The demolition of any structure that is less than 50 years old.

(i)

The repair or replacement of any existing on-site wastewater disposal system.

(j)

The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.

[Amended 11-8-2018 by Ord. No. 14-2018]

(k)

The clearing of land solely for agricultural or horticultural purposes.

[Amended 11-8-2018 by Ord. No. 14-2018]

(l)

Fences, provided that no more than 1,500 square feet of land is to be cleared.

(m)

Aboveground telephone equipment cabinets.

(n)

Tree pruning.

(o)

The following forestry activities:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.

Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.

[3]

Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6-25 are to be planted.

[4]

Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.

(p)

Prescribed burning and clearing and maintaining of firebreaks.

(q)

Normal and customary landscape planting, unless a landscaping plan is required pursuant to Section 170-31A(1)(t) or 170-73A(3).

(r)

The installation of an accessory solar energy facility on any existing structure or impervious surface.

[Added 11-8-2018 by Ord. No. 14-2018]

(s)

The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.

[Added 11-8-2018 by Ord. No. 14-2018]

(t)

The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.

[Added 11-8-2018 by Ord. No. 14-2018]

(u)

The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.

[Added 11-8-2018 by Ord. No. 14-2018]

The exceptions contained in Subsection A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.

[Added 4-6-1989 by Ord. No. 5-1989]

Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.

[Added 4-6-1989 by Ord. No. 5-1989]

Any application for approval of minor development shall include at least the following information:

[Amended 4-6-1989 by Ord. No. 5-1989]

The applicant's name and address and his/her interest in the subject property.

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

The legal description, including block and lot designation and street address, if any, of the subject property.

A description of all existing uses of the subject property.

A brief written statement generally describing the proposed development.

A United States Geological Survey Quadrangle Map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands Management Area designation and the zoning designation are shown.

A plat or plan, as required in § 170-29B(15), showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:

On-site treatment facilities: the location, size, type and capacity of any proposed on-site wastewater treatment facilities.

Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 170-53 below.

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.

A soils map, as required in § 170-29B(14), including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development.

A map showing existing vegetation, identifying predominant vegetation types in the area and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development.

A certificate of filing from the Pinelands Commission, as required in § 170-29B(16), issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.

When prior approval for the development has been granted by an approval authority, evidence of Pinelands Commission review pursuant to Subsection E below.

Special submission requirements for other development.

[Amended 4-6-1989 by Ord. No. 5-1989]

All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)5, as well as the following:

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.

When prior approval for the development has been granted by an approval authority, evidence of Pinelands Commission review pursuant to Subsection E below.

Any application for approval of forestry operations shall be subject to the requirements of Note 8, § 170-60C.

Notices to the Pinelands Commission.

[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No. 13-1989; 11-8-2018 by Ord. No. 14-2018]

Application submission and modifications. Written notification shall be given by the City, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the City that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall contain:

The name and address of the applicant.

The legal description and street address, if any, of the parcel that the applicant proposes to develop.

A brief description of the proposed development, including uses and intensity of uses proposed.

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency.

The approval agency with which the application or change thereto was filed.

The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports.

The nature of the municipal approval or approvals being sought.

Hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by email, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:

The name and address of the applicant.

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

The date, time and location of the meeting, hearing or other formal proceeding.

The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding.

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.

The purpose for which the meeting, hearing or other formal proceeding is to be held.

Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction, of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the approval or denial, give notice by email or regular mail to the Pinelands Commission. Such notice shall contain the following information:

The name and address of the applicant.

The legal description and street address, if any, of the parcel that the applicant proposes to develop.

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

The date on which the approval or denial was issued by the approval agency.

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.

Any revisions to the application not previously submitted to the Commission.

A copy of the resolution, permit or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.

Review by Pinelands Commission. Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection D(3) above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through 7:50-4:43. The approval of the City shall not be effective, and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed. Pursuant to N.J.A.C. 7:50-4.1(b), and until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the interim rules and regulations shall serve as the basis for Pinelands Commission review of local approval under this section. Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.

[Amended 4-6-1989 by Ord. No. 5-1989]

Condition on prior approvals by City. Where a prior approval has been granted by the City, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:

Notification is received from the Pinelands Commission that review of the City's approval is not required; or

§ 170-35 General considerations for review of applications.

Review of the City's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42, and a final order regarding the approval is received by the City from the Pinelands Commission.

[Amended 4-6-1989 by Ord. No. 5-1989]

Effect of Pinelands Commission's decision on City's approval. If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency within 30 days of the Commission's action, and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had previously approved the application shall, within 30 days, modify its approval or include all conditions imposed by the Commission and, if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.

[Amended 4-6-1989 by Ord. No. 5-1989]

Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the City involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.

[Amended 4-6-1989 by Ord. No. 5-1989]

Public development. All development proposed by the City or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Article I of this chapter.

[Amended 4-6-1989 by Ord. No. 5-1989]

Amendments. In amending this chapter, the City's Master Plan or any other ordinance regulating the use of land, the City shall comply with all the requirements of N.J.A.C. 7:50-3.45.

§ 170-33 Requirement waivers.

[Amended 8-28-2014 by Ord. No. 9-2014]

The Land Use Board may waive any of the requirements or details specified to be shown on the site plan in the case of a particular application if the applicant can demonstrate to the Land Use Board's satisfaction that certain required site plan data are not necessary to be shown in order for the Land Use Board to be able to determine clearly that all Comprehensive Plan proposals and policies and all Egg Harbor City ordinance provisions will be complied with by the proposed developer and that the proposed development will have no deleterious effect on neighboring properties. Before waiving any application requirements, the Land Use Board shall, on advice of its professional advisors, make a finding that the development plan in question will provide sufficient materials and information to assure the adequate protection of the health, safety and public welfare of the people of Egg Harbor City. This section also refers to site plan submittals to the Land Use Board.

§ 170-34 Design standards in general.

Design standards are found in other sections of this article.

[Amended 8-28-2014 by Ord. No. 9-2014]

In reviewing development applications for land subdivision or site plan approval, the Land Use Board will expect conformance of design standards that will encourage good development patterns in the municipality; adherence to proposals, policies and standards contained in the Master Plan; and consistence with the requirements of other articles of this chapter.

§ 170-36 Minor subdivision design standards.

Space standards. Minor subdivisions shall conform to the lot size and dimensional requirements of the various zones of this chapter.

Development patterns. Minor subdivisions shall be designed to avoid adverse impacts on the desirable future subdivision of adjoining land, and strip development of existing highway frontages shall be discouraged.

Maintenance of standards. Minor subdivisions involving lot line changes should avoid unnecessary infractions of zoning sections of this chapter.

§ 170-37 Major subdivision design standards.

General. Major subdivisions should conform to design standards that will provide safe and efficient access to the neighborhood street and highway system, relate the design of the subdivision to the natural topography and existing vegetative cover of the site, contribute to the harmonious development of the municipality and enhance the public welfare of the community.

Streets.

All streets within major subdivisions shall be designed to serve a specific function and shall be classified by the Land Use Board in terms of their projected use according to the following classification system:

[Amended 8-28-2014 by Ord. No. 9-2014]

Primary arterial road. Primary arterial roads are designed to serve primarily regional traffic movements (more than 15,000 vehicles per day).

Secondary arterial road. Minor or secondary arterials are intended to connect with and augment the major arterial system and to provide for trips of moderate length at a lower speed and a lesser volume (10,000 to 15,000 vehicles per day).

Collector street. Collector streets are designed to serve as traffic channels between minor streets and the arterial road system (5,000 to 10,000 vehicles per day).

Local streets, including culs-de-sac and marginal access streets. Local or minor streets are designed and intended to provide access to adjacent properties and are not intended to carry through traffic (less than 5,000 vehicles per day).

Right-of-way widths for the above-designated street classifications shall be: primary arterial, 100 feet; secondary arterial, 90 feet; collector, 60 feet to 80 feet; and minor street, 50 feet.

Pavement widths, median strips and paved shoulder requirements on all proposed streets shall conform to the requirements of the City Engineer.

All roads shall conform to the design standards as set forth in the following chart:

Road Design Standards
	Local Collector	Minor Collector	Major Arterial	Secondary
Design speed (mph)	35	50	55	55
Maximum degree of curve (degrees)	16	7.5	5	3.5
Minimum stopping sight distance (feet)	240	350	475	600
Minimum center-line grade (percent)	0.5	0.5	0.5	0.5
Maximum center-line grade (percent)	4.0	4.0	4.0	4.0
Maximum curve super elevation (percent)	8.0	8.0	8.0	8.0

Local or minor streets shall be so designed as to discourage through traffic.

Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage lots with planted buffer strips or such other means of separation of through and local traffic as the Land Use Board may determine appropriate.

[Amended 8-28-2014 by Ord. No. 9-2014]

The right-of-way for internal roads and alleys in commercial and industrial development shall be determined on an individual basis by the Land Use Board and shall, in all cases, be of sufficient width and design to safely accommodate expected traffic movements and parking and loading needs.

[Amended 8-28-2014 by Ord. No. 9-2014]

No subdivisions showing reserve strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips has been placed in the Common Council under conditions stipulated or approved by the Land Use Board.

[Amended 8-28-2014 by Ord. No. 9-2014]

Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

Street intersections shall be at as nearly right angles as is possible and in no case shall be less than 60°. Block corners at intersections shall be rounded at the curbline with a radius of not less than 20 feet.

Street jogs with center-line offsets of less than 125 feet are prohibited.

A tangent of a length approved by the City Engineer shall be introduced between reverse curves on arterial and collector streets.

Dead-end streets shall not be longer than 800 feet and shall provide a turnaround at the closed end with a radius of not less than 50 feet at the curbline, tangent wherever practicable to the right side of the street. If a dead-end street is temporary, a similar turnaround shall be provided, together with provision for future extension of the street and reversion of any excess right-of-way to adjoining properties.

No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets in either the City or an adjoining municipality. The continuation of an existing street shall have the same name.

Final approval of a plat shall not be construed as the acceptance of a street dedicated to public use.

In the case of local streets within a development where the Land Use Board determines that the length of the street and the nature of adjacent uses warrants a reduction in the width of the paved surface, the width may be reduced below the paved width required in this chapter, but in no case shall the paved width of a local street be less than 26 feet.

[Amended 8-28-2014 by Ord. No. 9-2014]

(17)

Grades of streets shall not exceed 4%. No street shall have a minimum grade of less than 1/2 of 1%.

(18)

Driveways, curbs, sidewalks, drainage structures under drives and maintenance of graded swales behind the edge of road or curbline shall be the responsibility of the homeowners' association after final acceptance by the City Engineer.

(19)

Sight triangle easements as shown on Diagrams 1 to 5 in § 170-51 shall be shown on final plats.[1]

Editor's Note: These diagrams are included at the end of this chapter.

(20)

All designs shall be in accordance with:

A policy on Geometric Design of Rural Highways, American Association of State Highway Officials, latest revision;

A policy on Arterial Highways in Urban Areas, American Association of State Highway Officials, latest revision; and/or

Traffic Engineering Handbook, Institute of Traffic Engineers, latest revision.

Blocks.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by this chapter and to provide for the convenient access, circulation and safety of street traffic.

In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Land Use Board. Such walkways shall be 10 feet wide and be straight from street to street.

[Amended 8-28-2014 by Ord. No. 9-2014]

For commercial, multifamily housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

Lots.

The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Only one single-family detached dwelling unit shall be located on any individual lot unless otherwise allowed in the zone in which the lot is located.

Lot dimensions and area shall not be less than the requirements of the zone in which the lot is located.

Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

Where extra width has been dedicated for the widening of existing streets to conform to the Master Plan proposal, lots shall begin at such extra width lines, and in any event, all setbacks shall be measured from such extra width lines.

Where this is a question as to the suitability of a lot or lots for the intended use due to factors such as flood conditions or similar circumstances, the Land Use Board may, after adequate investigation, withhold approval of such lots.

[Amended 8-28-2014 by Ord. No. 9-2014]

Public use and service areas.

In large-scale developments, easements along rear property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned. The requirement of off-site and off-tract services and improvements or a reasonable contribution thereto shall be required in the interest of sound and harmonious neighborhood and community development.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way, conforming substantially to the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.

Natural features, such as trees, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.

Environmental concerns.

No development on wetlands shall be authorized unless such development is consistent with § 170-74. Lands subject to a seasonal high-water table shall be subject to the requirements of § 170-74.

The Land Use Board shall require a soil erosion and sediment control plan and permit from the Soil Conservation District prior to final approval.

[Amended 8-28-2014 by Ord. No. 9-2014]

Subdivision development shall not result in the unnecessary removal of existing topsoil. Topsoil removed from street installation areas shall be stockpiled for use on subdivision lots in any case where areas to be developed for residential uses do not have a substantial existing topsoil cover.

Care shall be taken in subdivision and site plan design and review to encourage maximum retention of desirable existing vegetation on the site.

In any industrial, commercial or multifamily dwelling subdivision or in the case of any conventional single-family major subdivision, provision shall be made for on-site retention and/or ground infiltration of any additional surface runoff that would be created by the proposed development. Such facilities shall comply with the provisions of this article.

Curbs and gutters. Curbs and gutters shall be installed in accordance with the provisions specified by the City Engineer.

Drainage structures. Drainage structures shall be installed in accordance with the standards and provisions of § 170-48 of this article and by the City Engineer.

§ 170-38 Site plan design standards.

General. In reviewing any site plan, the Land Use Board shall review the individual requirements of the zone and the applicable requirements for construction and improvement in this Code. Consideration should be given to the following design guidelines:

[Amended 4-8-1993 by Ord. No. 6-1993; 8-28-2014 by Ord. No. 9-2014]

Building and structure design. Consideration shall be given to building materials, use of color and texture, massing and building or structure height and shape as they relate to site conditions and harmonize with similar elements in neighboring buildings or structures.

Circulation. The layout of the site with respect to the arrangement, width and alignment of driveways and walkways as they provide for pedestrian traffic, both within and external to the site.

Parking and loading. The amount, location and arrangement of spaces proposed for automobile parking and for the loading and unloading of goods and materials, both with relation to the use intended to be served, as well as efficient and safe interconnection with the public circulation system.

Landscaping. The arrangement of landscape elements and the appropriateness, variety and compatibility of selected plant materials as they contribute to an adequate and pleasing landscape design and/or screening system as well as the compatibility of the landscape plan with adjacent properties and the neighborhood.

Orientation and siting. In the case of freestanding buildings or structures and depending on individual site characteristics, consideration shall be given to positioning that provides a desirable visual composition, avoids blocking natural vistas and provides desirable space enclosures.

Site utilities. The location and adequacy of waterlines and sanitary sewer facilities, subject to the approval of the Egg Harbor City utility departments, and the nature, adequacy and safety of the surface drainage system, both as they relate to the intended site development and to the surrounding area, and the positioning, adequacy and design of overhead and underground electric, telephone and gas lines and other structures.

Accessory features. The aesthetic quality and harmony of architectural design of proposed signs, exterior architectural features, displays, service areas, walls, fences, lighting, decorations, street and public area furnishings and such other features as affect the aesthetic quality of the buildings, property and neighborhood.

Environmental protection. Attention shall be given to preserving the landscape in its natural state insofar as possible and to improving the existing site conditions according to high standards of conservation and environmental protection in keeping with the surrounding natural setting. The development plan should demonstrate the avoidance of unnecessary alteration of existing topography or the removal of vegetation, and the proposed development shall otherwise respect the established natural conditions of the site and its surroundings. For all development, provisions shall be made for on-site retention and/or ground infiltration of any additional surface runoff that would be created by the proposed development. Such facilities shall comply with the provisions of § 170-48 of this article.

[Amended 4-8-1993 by Ord. No. 6-1993]

Performance standards. In reviewing the site plan for any use subject to performance standards contained in this chapter, the Land Use Board shall condition its approval on both initial and continued compliance with such standards.

Parking lot and driveway standards. The arrangement, nature, size and construction of any required on-site, off-site or off-tract improvements, including streets, curbs and gutters, sidewalks, street signs and shade trees, water and sewer systems and topsoil protection measures, shall conform to any applicable design standards promulgated by the City Engineer. In addition, required site improvements shall conform to design standards that shall include, but not necessarily be limited to, the following:

[Amended 4-8-1993 by Ord. No. 6-1993]

Parking and loading areas. Off-street parking and loading spaces of such size and number as are consistent with good planning standards and in compliance with any prevailing requirements or supplementary regulations contained in this chapter shall be required in connection with and convenient to uses projected for the site development in accordance with the following:

Access. All required off-street parking and loading facilities shall be furnished with necessary pedestrian passageways and vehicular maneuvering area and driveways providing efficient access either directly or indirectly to a public street. Access to driveways shall be not less than 12 feet in width for one-way operation and 24 feet for two-way operation when leading to parking areas and 16 feet in width when leading to off-street loading spaces.

Entrances and exits for all required parking and loading facilities shall be located not less than 50 feet from the driveway edge nearest the right-of-way line of an intersecting public street, and the arrangement of off-street parking areas providing space for more than two vehicles in the case of a minor or private street or for any vehicles in the case of a collector, primary or arterial street shall be such that no vehicle would have occasion to back into a public street. No off-street loading area shall be so located that a vehicle would be required to back into a street.

Parking lots; general standards.

Purpose. The purpose of this subsection is to provide safe, adequate off-street parking for nonresidential and residential uses in Egg Harbor City while preserving aesthetic visual qualities.

Applicability. This subsection shall apply to all off-street parking areas not associated with a single-family residence, agricultural use or other permitted or conditional use which required less than three off-street parking spaces.

Landscaping of parking lots. A minimum of one two-and-one-half-inch caliper tree shall be provided for each eight parking spaces or portion thereof. This requirement may be waived by the Board in the case of wooded tracts where sufficient trees are maintained. A planted landscape strip of a minimum five-inch width shall be provided along property lines.

Lighting. Lighting standards for parking lots shall be as follows:

All lighting shall be designed, oriented and selected to prevent glare upon surrounding properties or roadways.

The maximum height for any light standards shall not exceed the height of the principal building up to a maximum of 45 feet.

Lighting plans shall be prepared by a licensed architect or engineer and must meet IES standards.

Screening. Parking areas providing space for more than five vehicles and all loading areas shall be provided with adequate setbacks, fencing or natural barriers to effectively prevent any noise, glare or other nuisance emanating therefrom to unduly interfere with the peaceful use and enjoyment of adjoining residential, public or private institutional uses.

Customer service areas. Any site plan that proposes temporary stopping space or maneuvering space for vehicles of customers or patrons seeking service at a roadside business establishment should be so designed that the stopping or maneuvering space will be at least 10 feet removed from the right-of-way line of the adjacent street or road.

Driveways. Driveway openings on state, county and other agencies having jurisdiction shall comply with standards set forth by these agencies. Any site plan proposing private driveway openings shall comply with the following:

Spacing. The number of driveways provided from a site directly to any public street or road should comply with the following:

[Amended 8-28-2014 by Ord. No. 9-2014]

	Width of Site Frontage (feet)	Number of Driveways
	150 or less	1
	151 to 300	2
	Over 300	To be specified by Land Use Board on advice of City Engineer

Location. All entrances and exit driveways to or from a public street or road shall be so located as to afford maximum safety to traffic on the road. Where a site occupies a corner of two intersecting streets or roads, no driveway's entrance or exit shall be located within 50 feet of the right-of-way intersection lines and the nearest driveway edge nor 30 feet of the tangent of the existing or proposed curb radius of the intersection. No entrance or exit driveway shall be located on the following portions of any collector or arterial road: on a traffic circle, on a ramp of an interchange, within 30 feet of the beginning of any ramp or other portion of an interchange or on any portion of such road where the grade has been changed to accommodate an interchange. In cases where two or more driveways connect a single site to any one public street or road, a minimum clear distance of 100 feet, measured along the right-of-way line, shall separate the closer edges of any two driveways.

Sight distance. Any exit driveway or driveway land shall be so designated in profile and grading and shall be so located as to permit the following maximum sight distance measured in each direction along any abutting City, county or state road (the measurement shall be from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road right-of-way line):

	Allowable Speed on Road (miles per hour)	Required Sight Distance (feet)
	25	150
	30	200
	35	250
	40	300
	45	350
	50	400

Widths. The dimensions of driveways shall be designated to adequately accommodate the column and character of vehicles for which a site plan is prepared. The required maximum and minimum dimensions for driveways and curbline openings are indicated in the accompanying table. Driveways and curbline openings serving large traffic with a substantial number of trucks shall be required to utilize high to maximum dimensions.

	One-Way Operation		Two-way Operation
	Curbline Opening (feet)	Driveway Width (feet)	Curbline Opening (feet)	Driveway Width (feet)
3- to 10-family residence	12 to 15	10 to 13	12 to 30	10 to 26
11-family or over	12 to 30	10 to 26	24 to 36	20 to 30
Commercial or industrial	24 to 50	24 to 34	30 to 50	30 to 46
Service station	15 to 36	12 to 34	24 to 36	20 to 34

Intersections. Driveways used for two-way operation shall intersect any collector or arterial road at any angle as nearly 90° as site conditions will permit, and in no case less than 60°. Driveways used by vehicles in one direction of travel (right turn only) may form an angle smaller than 60° degrees, but only with a collector or arterial road when acceleration and deceleration lanes are provided.

Grades. Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. All driveway profiles and grades shall be submitted to and approved by the City Engineer. Should a sidewalk be so located with respect to the curb at a driveway opening that vehicle undercarriage is likely to drag, the sidewalk involved should be adequately depressed or elevated to avoid such a result.

Acceleration lane. Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and the abutting road is classified as an arterial or collector road, an acceleration lane shall be provided in accordance with A Policy of Geometric Design of Rural Highways, American Association of State Highway Officials.

Deceleration lanes. Where a driveway serves as an entrance to a land development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any arterial or collector road. The deceleration lane shall be at least 200 feet long and 13 feet wide, measured from the abutting roadway curbline. A minimum forty-foot curb return radius shall be used from the deceleration lane into the driveway.

Site improvement standards.

Refuse disposal. Refuse depositories shall not be exposed to public view and shall be nonpolluting, covered from weather and secure from vandalism. Compactor units shall afford completely sealed operation and efficient access by collection vehicles.

Additional design criteria for planned developments. In addition to complying with design requirements and standards listed above, those contained in this chapter relating to contemplated improvements or in connection with specific uses as specified in the other articles of this chapter, site plans for planned development of any kind also shall be subject to the following:

The open space and recreation plan shall conform to environmental impact statement requirements and requirements of the individual zones of this chapter.

Energy conservation. Innovative design for energy conservation shall be encouraged. The location and siting of buildings or structures which may not conform strictly to other standards contained herein shall be permitted when the Land Use Board finds that such deviation will not endanger the health, safety or welfare of occupants in the buildings or their surroundings. In this context, "energy conservation" shall mean the reduced consumption of natural or artificial fuels or energy.

[Amended 8-28-2014 by Ord. No. 9-2014]

§ 170-39 General improvement requirements.

Staging requirements. Information on phasing of the project shall also be submitted.

[Amended 8-26-1999 by Ord. No. 16-1999]

On-tract improvements. On-tract improvements, including grading street rights-of-way, street or shoulder paving, curbs and gutters, street signs, streetlighting, street trees, sidewalks, survey monuments, surface drainageways, surface drainage structures and facilities, soil erosion and sediment control devices, potable-water supply structures and facilities, sanitary, sewage facilities and, in the case of site plans, off-street parking and loading areas and improvements and screen or buffer planting, as specified in accordance with design criteria contained in this chapter, shall be required where applicable in connection with all minor and major subdivisions and site plan developments, including permitted planned developments of any kind.

Off-tract improvements. Pursuant to N.J.S.A. 40:55D-42, pro rata contributions may be required for any off-tract improvements, including street or shoulder paving, curbs and gutters, street signs and traffic controls, streetlighting, structures and facilities, potable-water supply structures and facilities and sanitation sewerage structures and facilities, the need or a portion of the need for which is generated by a minor or major subdivision or site development, including permitted planned developments of any kind. For the purpose of assessing a fair share of the cost of any such improvement to a specific development, the City Engineer shall utilize construction specifications included in this section and design criteria set forth in this article. In the case of arterial roads, design standards and construction specifications shall be on a case-by-case basis. The Land Use Board shall determine the reasonable percentage share of the benefit to be derived from any required off-tract improvement by the specific development on the basis of a cost benefit analysis conducted by the City Engineer.

[Amended 8-28-2014 by Ord. No. 9-2014]

Installation of improvements. No final plat of a major subdivision or site plan shall be approved by the Land Use Board until the satisfactory completion of all required improvements, as set forth in the Land Use Board's resolution granting preliminary subdivision or site plan approval, shall have been certified to the Land Use Board by the Municipal Engineer unless the developer shall have filed with the City a performance guaranty sufficient in amount and of a suitable form to cover the cost of all such improvements or the uncompleted portion thereof, as approved by the City Engineer, and guaranteeing the installation of any such uncompleted improvements on or before a date to be specified by the Land Use Board. Such guaranty shall provide that all roadways shall have a base course installed no later than when certificates of occupancy have been issued for 10% of the proposed dwelling units and a final course no later than 90% of the units. No minor subdivision shall be approved by the Land Use Board until the developer shall have filed with the City a performance guaranty sufficient in amount to cover the cost of all required on-tract and off-tract improvements and guaranteeing the installation of such uncompleted improvements on or before a date to be specified by the Land Use Board.

[Amended 8-28-2014 by Ord. No. 9-2014]

Concrete structures.

Concrete structures shall conform to the American Society for Testing and Materials cement designations C-150, Type 1 for standard portland cement; C-150, Type 3 for high early strength portland cement; and C-175, Type 1-A for air-entraining portland cement. Vinsol resin or Darex AEA shall be used as the air-entraining agent for both fine and coarse aggregate and shall conform to requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended. Unless otherwise specified, all concrete shall be air-entrained, having 4% to 7% entrained air.

Concrete shall be Class A, B, C or D, as prescribed, proportioned as follows:

Class	Cement	Sand	Coarse Aggregate	Void Contact
A	1	1.50	3.0	1.35
B	1	1.75	3.5	1.55
C	1	2.00	4.0	1.80
D	1	2.25	4.5	2.00

Required reinforcing steel shall be intermediate-grade deformed bars conforming to American Society for Testing and Materials designations A 617-76 and A 615-76A, as amended.

Required joint filler shall be a cellular compression material conforming to the requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended.

In the construction of required concrete structures, the City Engineer will determine the slump range within which the contractor must work. Transit mix concrete may be used if obtained from sources approved by the City Engineer. On-site mixing and proportioning equipment will also be subject to the approval of the City Engineer.

Forms shall conform to lines, dimensions and grades shown on plans and may only be omitted when soil conditions and workmanship permit accurate excavation to specifications. Forms shall be firmly braced, tight and capable of resisting movement, bulging or mortar leakage. Forms shall be smooth and clear and shall be completely removed.

Soil bases for concrete work shall be properly finished to prescribed lines, grades and dimensions and shall be approved by the City Engineer or his/her representative before concrete is placed. All areas are to receive water, except that soil surfaces and forms shall be uniformly damp when concrete is plated so as to avoid segregation. Concrete that has begun to set or has been contaminated with foreign materials or has too much water shall not be used.

Pouring shall be done in a continuous process until an individual section is complete. All concrete shall be thoroughly compacted with vibratory or other suitable equipment. Finished concrete shall have a wood float finish unless otherwise specified by the City Engineer and shall be kept continuously moist for a period of three days. Curing shall be accomplished at the direction of the City Engineer. Expansion joints shall be provided as prescribed and shall extend the full thickness of the concrete. Concrete shall not be poured when the temperature is below 40° F. or during periods of precipitation unless precautions acceptable to the City Engineer have been taken to prevent damage to the work. Precautions to avoid freezing of the concrete shall be in accordance with current recommendations of the American Concrete Institute.

§ 170-40 Street improvements. [1]

The width of street rights-of-way to be required shall be as shown on the approved preliminary subdivision or site development plan in accordance with the system of street classification set forth in this article. Street right-of-way improvements shall include the following:

Street paving. All on-tract streets shall be paved in conformance with the improvement standards as defined below:

Gravel base course shall be constructed in accordance with the provisions of Article 3.1 of the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended. Gravel base course materials shall be soil aggregate, Type 2, Class A or Class B, of said specifications.

Bituminous-stabilized base course materials shall conform to requirements specified in Article 3.10.2 of the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended by the 1980 Supplement to the Standard Specifications and as amended hereafter. Before construction of the bituminous-stabilized base course, the gravel base shall be in a properly finished condition conforming to the proper line and grade and free of soft spots or other deficiencies. Within 24 hours prior to the commencement of paving, the gravel base course shall be tested by running a roller of a weight as great or greater than that to be used in the paving operation over the entire pavement area. When, in the opinion of the City Engineer or his/her representative, such testing results in excessive deformation, the developer will be required to stabilize the gravel base course in a manner satisfactory to the City Engineer.

The method of construction of the bituminous-stabilized base course shall conform to the same State of New Jersey specifications referred to above for base course materials. Upon completion, uniformly selected core samples intact for full thickness of the base course may be required at the rate of one sample for every 1,000 square yards of base course, at the expense of the developer. Where deficiencies in required thickness are noted, at least two additional cores will be required to determine the extent of the deficiency.

The average thickness of the bituminous-stabilized base course, as determined from the core samples, shall be not less than a thickness of two inches, or as specified by the City Engineer.

When the pavement, as indicated by any core sample, shows a deficiency of 1/4 inch or more from the required thickness, the City Engineer, at his/her option, may direct the developer to:

Remove and replace the bituminous-stabilized base course to the correct thickness; or

Construct an overlay of bituminous concrete suitable to the Engineer to correct the thickness deficiency.

Materials for the surface course shall be FABC-1, Mix I-5, as specified in Division 3, Section 10, of the aforementioned New Jersey Department of Transportation Standard Specifications, which shall be placed over a properly installed and, where needed, repaired base course. Prior to construction of the surface course, a tack coat as specified in Division 3, Section 10 of the aforementioned New Jersey Department of Transportation's Standard Specifications shall be applied.

Upon completion of the surface course, the developer may be required to provide core samples therefrom in accordance with the procedures outlined above for base course sampling. The average thickness of the FABC-1 surface course, as determined from the core samples, shall not be less than two inches for the thickness specified by the City Engineer. When the pavement, as indicated by any core sample, shall show a deficiency of 1/4 inch or more from the required thickness, the City Engineer, at his/her option, may direct the developer to:

Remove and replace FABC-1 surface course to the correct thickness; or

Construct an overlay of bituminous concrete suitable to the Engineer to correct the thickness deficiency.

Curbs and gutters.

Standard monolithic concrete curb and gutter will be required along the pavement edge of streets in conformance with the improvement standards as specified by the City Engineer. Concrete shall be Class B with Type I cement. There will be no waiver of curbs, and concrete header curbs must be installed in lieu of standard concrete curbs.

Expansion joints shall be provided at intervals of 20 feet and when new construction abuts existing construction. The expansion joints shall be filled with one-half-inch-thick cellular material conforming to the requirements therefor contained in the Standard Specifications of the New Jersey Department of Transportation, as amended to date, to within 1/2 inch of the top and face of the curb and to within 1/4 inch of the top of the gutter. All joints shall extend the full depth of the structure.

Finished curbs and gutters shall be true to applicable grades, lines, dimensions and curvatures. Exposed edges shall be neatly rounded to a one-half-inch radius. Completed work shall be protected from traffic and the elements and shall be kept moist for at least three days. Damaged, broken or cracked work shall be renewed by the developer at his/her expense.

In those cases where a developer requests a waiver from the requirements for standard curbing as set forth in this section, the Land Use Board, in considering a request for such waiver, shall apply the following guidelines:

[Amended 8-28-2014 by Ord. No. 9-2014]

Curbing should be required in the case of any development generating large volumes of vehicular traffic or lying in close proximity to such development.

Curbing should be required in conjunction with multifamily residential developments and in higher density single- or two-family subdivisions having an average lot size of less than 1/2 acre.

Curbing should be required in conjunction with single-family subdivisions having average lot sizes of one acre or less unless it can be demonstrated to the satisfaction of the City Engineer that all new surface runoff will be accommodated on-site, that construction or percolation characteristics of roadside soils are such that excessive rutting of shoulder areas will not occur and that the existing or proposed topography is such that water ponding will not occur.

Curbing should be required along existing and proposed City streets or roads in conjunction with any proposed development that would otherwise contribute to an adverse drainage condition, soil erosion or stream or watercourse siltation.

Sidewalks.

Except as provided below, sidewalks shall be required along all streets. Sidewalks shall be constructed in accordance with the provisions of this section and as specified by the City Engineer. All sidewalks shall be paved with portland cement, all concrete, Class C, Type I cement. Applicable construction details listed for curb construction shall be observed in the construction of portland cement concrete sidewalks.

Finished sidewalks shall be true to specified lines, grade, dimensions and curvatures. Completed work shall be adequately protected from traffic and the elements.

In those cases where a developer requests a waiver from the requirement of sidewalks as set forth in this section, the Land Use Board, in considering such waiver, shall apply the following guidelines:

[Amended 8-28-2014 by Ord. No. 9-2014]

Sidewalks should be required in the case of any development or portion thereof where there may be pedestrian movement to school sites and other generators, including but not limited to recreational facilities, churches, clubs, eating establishments and retail shopping centers.

In situations other than those listed in Subsection C(3)(a) above, sidewalks along both sides of a street should be required when permitted residential densities exceed four dwelling units per acre and no internal open space walkway system is provided, and along one side of a street only in cases where residential densities range between one dwelling unit and four dwelling units per acre and no open space walkway system is provided, and no sidewalk should be required in cases where dwelling unit densities are less than one dwelling per acre or where adequate internal open space walkway systems are provided. In all cases, the Land Use Board shall take into account the nature and intensity of neighboring uses as well as the peculiar size, use and character of the development proposed.

Bikeway design.

Purpose. The purpose of this subsection is to provide adequate circulation for bicycle riders throughout Egg Harbor City which minimizes interactions between bicyclists, pedestrians and motorists.

Classifications.

Class 1: a completely separated right-of-way designated for the exclusive flow of bicycles. Cross-flow conflicts by pedestrians and automobiles are minimized.

Class 2: a restricted right-of-way designated for the exclusive flow of bicycles. Through-travel flow by automobiles or pedestrians is not allowed. Cross flows by pedestrians and automobiles are allowed. The restricted right-of-way for Class 2 is formed by vertical markers, painted extruded asphalt curbs or raised pavement.

Minimum standards.

Minimum width.

Class 1.

One-way: six feet.

Two-way: 10 feet.

Class 2.

One-way: eight feet.

Two-way: 12 feet.

Minimum clearance (overhead): eight feet.

Bikeway surface base and subgrade. As required by the New Jersey Department of Transportation or City Engineer's specifications, where bikeways intersect with streets or driveways, that portion of the bikeway crossing the street or driveway shall be constructed to the City roadway standards.

Signage. Identification, directional and safety signs shall meet the New Jersey Department of Transportation and City Engineer's specifications.

Lighting. If lighting is provided along bikeways, it shall meet criteria established by the New Jersey Department of Transportation.

Other standards: residential.

All planned developments in the City shall incorporate interdevelopment bikeway linkage at a minimum of two locations per development. Where developments are adjacent, one of the linkage points shall be a Class 1 bikeway.

Linkages between planned residential and planned commercial developments shall, at a minimum, consist of a Class 2 bikeway with adequate barrier separation, signage and, if deemed necessary by the Land Use Board and City Engineer, signalization to minimize safety risks to both bicyclists and motorists.

[Amended 8-28-2014 by Ord. No. 9-2014]

Bikeway design specifications. Bikeways shall be constructed of a four-inch gravel base course and two-inch bituminous surface. Where bikeways are part of or cross state, county or City roads, they shall be constructed as specified by the approving authority. Materials shall be as specified in § 170-37 of this article.

Editor's Note: See also Ch. 235, Streets and Sidewalks.

§ 170-41 Sanitary sewers. [1]

Sanitary sewer facilities shall be provided and installed in accordance with the specifications as required by the City Engineer. Said sanitary sewer facilities shall be designed and installed for either immediate or future connection to a public sanitary sewer system approved by the New Jersey Department of Environmental Protection and the City Engineer.

In areas where public sanitary sewer system does not exist or is not expected to be provided within a reasonable period of time, in the opinion of the Land Use Board, the Board may waive the requirement that sanitary sewer facilities be installed or interconnection with a public sewer system.

[Amended 8-28-2014 by Ord. No. 9-2014]

Except when restricted by environmental conditions, all individual, on-site septic systems may be installed within the front yard of the lots or in an area approved by the Building Inspector in order to facilitate the eventual connection of the system to public facilities.

Editor's Note: See also Ch. 220, Sewers.

§ 170-42 Water supply.

Water supply facilities and systems shall be provided and installed in accordance with specifications of the City Engineer. Said water supply facilities and systems shall be designed and installed for either immediate or future connection with a public or on-site community water supply facility or system approved by the New Jersey Department of Environmental Protection and the City Engineer. In areas where public water supply does not exist or is not expected to be provided within a reasonable period of time, in the opinion of the Land Use Board, the Board may waive the requirement that water supply facilities be installed to connect with the public water supply facilities or systems.

[Amended 8-28-2014 by Ord. No. 9-2014]

In those cases where a public water supply facility or system is not presently available and the site of the proposed subdivision is unsuitable and unsafe, in terms of public health, for individual on-site water supply facilities as determined by the New Jersey Department of Environmental Protection or other appropriate local agency, an on-site community water supply system approved by the New Jersey Department of Environmental Protection and the City Engineer shall be installed. Said on-site water supply system facilities for those areas are expected to be provided with public water supply facilities or systems within a reasonable period of time.

Fire hydrants shall be as required by City specifications; operating cap nuts shall be one-and-one-half-inch pentagons. Hydrants shall be equipped with two hose nozzles and one steamer nozzle, size and threads to be in accordance with local fire company requirements. They shall have provision for a six-inch connection to the main. The valve opening for the hydrant shall be four inches. Valves should be installed between all fire hydrants and the supply mains.

§ 170-43 On-site fire protection.

In rural areas where no public water supply system is feasible, the developer shall provide an alternate system for available water supply for fire-fighting purposes.

The alternate system shall provide for the following:

Ready availability of an adequate supply of water on site.

Automatic means of replenishment.

A volume of water on site to satisfy National Fire Protection Association Standard 1231-75 (Standard on Water and Rural Fire Fighting).

An alarm system to indicate malfunctioning of the system.

The system shall be self-contained and shall not depend upon portable pumps, auxiliary generators or other off-site mechanical equipment.

The system shall be designed to be as maintenance-free as possible, but provision shall be made for perpetual maintenance of the system.

The system shall be acceptable to local fire officials.

These improvements shall be included in required improvements and shall be subject to inspection, performance guaranties, maintenance guaranties and all other regulations governing required municipal improvements.[1]

Editor's Note: Original § 31-43. Alternate septic systems for residential use, which immediately followed this subsection, was repealed 4-6-1989 by Ord. No. 5-1989.

§ 170-44 Street trees.

Wherever possible, the developer shall endeavor to preserve existing trees. Such existing trees, when located in reasonable proximity to the street line, may substitute for required new street tree planting. In other cases, the developer shall consult with the Egg Harbor City Shade Tree Commission, if there is one, or, if not, the Atlantic County Agricultural Extension Service and, on the advice of such agency, shall propose and execute a street tree planting scheme providing acceptable species of shade or ornamental trees at least 2 1/2 inches in diameter, measured three feet above the ground, located in a manner that will result in a minimum of damage to sidewalks or utilities.

§ 170-45 Streetlighting.

Adequate streetlighting shall be provided along all proposed new streets of a type and at intervals approved by the City Engineer. At a minimum, such lighting shall be installed at any street intersection, along pedestrian crosswalks and at any private drive providing access to 10 or more parking spaces. Such lighting shall be installed according to standards approved by the City Engineer.

§ 170-46 Street signs.

[Amended 8-28-2014 by Ord. No. 9-2014]

Street signs and other warnings, direction or advisory signs or pavement markings shall be installed as per the directions of the City Engineer. Such signs and other markings shall be of a size, color or design specified in the current edition of the Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration, United States Department of Transportation. Off-street signs shall not be lighted with flashing lights, and any light or reflecting light used in connection with such a sign shall not be so located or directed that it may be mistaken for a traffic signal or warning device or shine directly into adjoining residentially used buildings or private outdoor areas or interfere with vehicular traffic. All off-street signs, including traffic directional signs, shall be located on the same property with the use to which they are related. In the case of any planned development, the Land Use Board may require that detailed deed restrictions designed to adequately regulate the location, size, materials and construction of signs throughout the planned development shall be prepared for filing prior to final approval of the planned development or any stage thereof.

§ 170-47 Off-street improvements.

The following off-street improvements shall be constructed, or an adequate performance guaranty posted assuring their construction, according to design standards contained in other sections of this article, prior to the granting of final approval of any major subdivision or site development plan. Any such requirements made in connection with minor subdivisions shall be treated as a condition of final approval with an adequate performance guaranty therefor having been posted.

Off-street parking and loading. All required off-street parking and loading areas shall be surfaced with a compacted base course of material, thickness and grade, as specified by the City Engineer. The thickness of the base course shall be determined on the basis of expected use. All off-street loading areas and all off-street parking areas serving more than one individual use or providing more than five individual parking spaces shall be surfaced with asphaltic or portland cement concrete materials and to thicknesses specified by the City Engineer. In the case of parking bays only, an approved type of porous paving of a type acceptable to the City Engineer may be substituted as the surface course in order to avoid unnecessary surface runoff.

Open space and recreation improvements. Any open space or recreation improvements required in connection with planned development applications that are proposed for dedication to the City or homeowners' planner shall be constructed or installed according to construction and equipment standards promulgated by the City. Such standards shall be developed by the City Engineer and approved by the Egg Harbor City Land Use Board. All open space and recreation improvements shall be subject to the posting of adequate performance guaranties prior to final development approval.

[Amended 8-28-2014 by Ord. No. 9-2014]

Topsoil protection and soil erosion plan. Any topsoil moved or to be moved during the course of construction for any development shall be utilized on site and shall be redistributed so as to provide at least three inches of topsoil cover to all areas of the development not covered by building or paving. All such disturbed areas shall be stabilized by seeding, planting or sodding according to an approved soil erosion and sediment control plan approved by the Soil Conservation District. In the event that the site does not contain sufficient amount of topsoil to provide three inches of cover to all areas of the development, the developer shall supply sufficient amounts to meet this requirement. Where found necessary by the Land Use Board, required seeding, sodding, water retention structure, rip-rapping or other activities necessary to carry out the soil erosion and sedimentation control plan shall be made subject to the provisions of adequate performance and maintenance guaranties as specified in § 170-50 of this article.

[Amended 8-28-2014 by Ord. No. 9-2014]

On-site stormwater management components shall have adequate performance and maintenance guaranties posted.

Monuments. Survey monuments of a size and shape specified by N.J.S.A. 46:23-9.9 et seq. shall be installed in accordance with the provisions of that statute.

§ 170-48 (Reserved) [1]

§ 170-49 Inspection of required improvements.

Editor's Note: Former § 170-48, Stormwater management, was repealed 3-23-2023 by Ord. No. 3-2023. See also Ch. 233, Stormwater Control, for requirements pertaining to Pinelands Area municipalities.

Prior to the construction of any required improvements, the developer shall schedule and hold a preconstruction conference with the City Engineer. At the time of this preconstruction conference, the developer shall provide the City Engineer with the names of the contractors who are intended to install the required improvements, with certifications that each is qualified to perform the work involved. This certification shall specify that work of a similar nature and constituting at least 50% of the cost of the improvement to be installed in this project has been satisfactorily completed in the past.

Except as set forth herein, all required improvements shall be subject to inspection and approval by the City Engineer, who shall be notified by the developer at least 48 hours prior to the start of any construction. Landscaping shall be subject to inspection and approval by the City Planner or such other City official designated by the Common Council. No underground utilities or other underground installation of improvements shall be covered until inspected and approved.

Fees to cover the costs of required inspection, including landscaping, shall be posted with the municipality in the amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the Engineer's estimate of required improvements as determined under § 170-50A(2). The requirement of such inspection and the payment of the required fees shall be included as a condition of final development approval. In the event that the developer elects to install improvements prior to final approval, the Engineer's estimate shall be submitted for approval, and inspection fees shall be posted upon preliminary approval and prior to any construction of improvements. Additionally, the requirements for a preconstruction conference and the conditions thereof shall apply in the event that the developer so elects.

[Amended 2-25-1993 by Ord. No. 3-1993]

The standard specifications of Egg Harbor City, as presently or hereafter adopted, or those otherwise set forth herein, shall govern the construction and installation of all required improvements. In the event that the specific specifications for any construction are not set forth in this chapter, the standard specifications of the New Jersey Department of Transportation, as amended, shall govern such construction.

§ 170-50 Performance and maintenance guaranties.

[Amended 2-25-1993 by Ord. No. 3-1993]

Posting of guaranties; cost of installation of improvements; appeals.

Performance guaranties shall be required to be posted prior to the granting of final development approval, and maintenance guaranties shall be required to be posted prior to the release of performance guaranties in connection with on-tract improvements as specified in this chapter.

The cost of the installation of improvements for the purposes of this section shall be estimated by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the Common Council. The Common Council shall decide the appeal within 45 days of receipt of the appeal, in writing, by the Clerk. After the developer posts a guaranty with the municipality based on the cost of installation of improvements as determined by the Common Council, he/she may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty.

Guaranties. Performance guaranties required under this article shall be in one of the following forms and shall ensure that the proceeds will be available to Egg Harbor City in the event that requirements for final approval guaranteed under the performance guaranties are not met.

Corporate surety bond furnished by a bonding company authorized to do business in the State of New Jersey.

A certified or cashier's check made payable to Egg Harbor City.

An irrevocable letter of credit if it (in a recognized New Jersey banking institution):

Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined pursuant to Subsection A(2).

Is issued by a banking or savings institution authorized to do and doing business in this state.

Is for a period of time of at least one year.

Permits the municipality to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.

The municipality shall not require that a maintenance guaranty required pursuant to Subsection J be in cash or that more than 10% of a performance guaranty pursuant to this article be in cash. A developer may, however, provide at his/her option some or all of a maintenance guaranty in cash or more than 10% of a performance guaranty in cash.

Term. Performance guaranties shall run for a term to be fixed by the Board, not to exceed three years. However, the Common Council may, with the consent of the obligor and surety, if there is one, by resolution, extend the performance of such guaranty for an additional period not to exceed three years. 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, which cost shall be determined by the Municipal Engineer, pursuant to Subsection A, as of the time of the passage of the resolution. The amount of any performance guaranty may be reduced by the Common Council by resolution when portions of the improvements have been certified by the Municipal Engineer to have been completed.

Lack of performance. If required improvements are not completed or corrected in accordance with the performance guaranty, the obligor or the surety, if there be one, shall be liable thereon to the City for the reasonable costs of the improvements not completed or corrected, and the City may, either prior to or after receipt of the proceeds of the guaranty, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts law, P.L. 1971, c. 1998 (N.J.S.A. 40A:11-1 et seq.).

Verification.

All performance guaranties shall be submitted to the Secretary or administrative officer of the approving Board. One copy of the guaranty shall be forwarded to the City Engineer, who shall notify the approval Board and the City Solicitor if the performance guaranty is in an amount sufficient to ensure the completion of all required improvements. The required performance guaranty shall not exceed 120% of the cost of installation, which cost shall be determined by the Municipal Engineer pursuant to Subsection A(2), for improvements which the approving authority may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streets and lighting, shade trees, surveyor's monuments as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping.

The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.

Legal review. A copy of the performance guaranty shall be forwarded to the City Solicitor, who shall review and approve it as to form and execution. The City Solicitor shall notify the approving board as to the acceptability of the performance guaranty in terms of form and execution.

Notice of expiration. On granting final approval of a development, the performance guaranty posted and accepted shall be forwarded to the City Clerk for filing. The Board shall maintain a record of all performance guaranties received in connection with development review and shall, within 90 days of the expiration of such guaranty, notify the Common Council of said pending surety expiration. Copies of said notice shall be sent to the City Clerk, City Solicitor and City Engineer.

Release.

Request for list of improvements; inspection of improvements; Engineer's list and report.

When all of the required improvements have been completed, the obligor shall request of the Common Council, in writing, by certified mail, addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty, a list of uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor.

The Municipal Engineer shall inspect the improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Common Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty pursuant to Subsection E.

The Common Council, by the resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the the Municipal Engineer and appended to the performance guaranty. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the Common Council, the obligor shall be released from all liability pursuant to its performance guaranty, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements.

Failure to provide list and report; failure to approve or reject improvements.

If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection H(1) of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

If the Common Council fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approval of complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

In the event that the obligor has made a cash deposit with the Common Council as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.

Rejection. If any portion of the required improvements are rejected, Common Council may require the obligor to complete or correct such improvements; and upon completion of correction, the same procedure of notification set forth in this section shall be followed.

Maintenance guaranties.

Form. As a condition precedent to final release of any performance guaranty, the Common Council may require the developer to execute a maintenance guaranty and post said guaranty with the City Clerk as a surety for the maintenance and repair of all improvements required to be installed by the developer. The guaranties shall be for a period of two years after the date of final acceptance of the improvements, but a resolution of the Common Council and its amount shall be equal to 15% of the Municipal Engineer's estimate of the cost of construction and required improvements, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in § 170-50A(2). The requirements as to form set forth in this article on performance guaranties shall also apply to maintenance guaranties.

Verification. All maintenance guaranties shall be presented to the City Clerk, who shall forward one copy of the guaranty to the City Clerk and one copy to the City Solicitor. The City Engineer shall advise the Common Council and the City Solicitor if the maintenance guaranty is executed in the correct amount, and the City Solicitor shall notify the Common Council as to the acceptability of the maintenance guaranty in terms of form and execution.

§ 170-51 Sight triangle easements and rainfall intensity.

Notice of expiration. The City Clerk shall maintain a record of all maintenance guaranties received by the City in connection with development approval and shall notify the City Engineer 60 days prior to the expiration of any maintenance guaranties. Prior to the expiration of any maintenance guaranty or to the release of any maintenance guaranty, the City Engineer shall inspect the improvements and report to the Common Council concerning their condition and any deficiencies present. The Common Council may, by resolution, release the guaranty if there are no deficiencies requiring correction.

Inspection fees. The obligor shall reimburse the City for all reasonable inspection fees paid to the City Engineer for the inspection of improvements. The developer may be required to post a deposit for all or a portion of the reasonably anticipated fees to be paid to the City Engineer for such inspection.

Development by stages. In the event that final approval is by stages or sections of development, the provisions of this article as to guaranties shall be applied by stage or section.

Other governmental agencies or public utilities. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the City for such utilities or improvements.

Contributions for off-tract improvements. Where contributions for off-tract improvements have been required for street improvements and water, sewage and drainage facilities and easements therefor as a condition for final development approval, said contributions shall be paid to the City prior to the granting of final approval for any divisions; approval shall not be granted and the plat or other filing documents shall not be authorized and no building permit shall be issued unless and until said required contribution for off-tract improvements has been received by the City Clerk and receipt thereof has been certified to the approving board.

(Reserved)

§ 170-52 Waste management.

[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No. 7-1997]

No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the City. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the City in accordance with the standards set forth in N.J.A.C. 7:50-6.

§ 170-53 Water quality.

[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No. 13-1989; 7-24-1997 by Ord. No. 7-1997; 2-24-2005 by Ord. No. 5-2005; 11-8-2018 by Ord. No. 14-2018; 3-23-2023 by Ord. No. 3-2023; 4-25-2024 by Ord. No. 7-2024]

General.

All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.

Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.

No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

Minimum standards for point and nonpoint source discharges. The following point and nonpoint sources may be developed and operated in the Pinelands:

Development of new or the expansion of existing commercial, industrial and waste water treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection B(2) through (6) below, provided that:

There will be no direct discharge into any surface water body.

All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million of nitrate/nitrogen.

All public wastewater treatment facilities are designed to accept and treat septage.

All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(b) above, provided that:

There will be no direct discharge into any surface water body.

The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development.

Adherence to Subsection B(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.

The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million of nitrate/nitrogen.

Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

There is no practical alternative available that would adhere to the standards of Subsection B(1)(a) above.

There is no increase in the existing approved capacity of the facility.

All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million of nitrate/nitrogen.

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter.

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model, dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 170-63 or § 170-96.

Only contiguous lands located within the same zoning district and Pinelands Management Area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.

The depth of seasonal high-water table is at least five feet.

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.

The system will be maintained and inspected in accordance with the requirements of Subsection C below.

The technology has been approved for use by the New Jersey Department of Environmental Protection.

Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C, 7:9A-7.4, as amended, except that the number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

The standards set forth in Subsection B(4)(a) and Subsection B(4)(c) through (h) above are met.

If the proposed development is nonresidential, it is located:

In the Pinelands Town management area; or

In the Pinelands Forest Area, provided that the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model, dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development, but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 170-63 or § 170-96.

Surface water runoff, provided that the requirements of Chapter 233 are met.

Alternate design pilot program treatment systems, provided that:

The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter;

The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(7)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 170-64 or 170-95;

Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems maybe utilized for septic dilution proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

The depth to seasonal high water table is at least five feet;

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;

Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

(i)

The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

(j)

Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be canceled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

(k)

The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(7)(i) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.

(l)

No system shall be installed after August 5, 2007.

Individual wastewater treatment facility and petroleum tank maintenance.

The owner of every on-site septic waste treatment facility shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:

Have the facility inspected by a technician at least once every three years.

Have the facility cleaned at least once every three years.

Once every three years, submit to the Board of Health serving Egg Harbor City a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986, N.J.S.A. 58:10A-21 et seq.

Prohibited chemicals and materials.

Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances to any surface or ground water or any land:

Septic tank cleaners.

Waste oil.

All storage facilities for de-icing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.

No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.

Water management.

Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

A diversion within Egg Harbor City that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection E(2)(a) and (b) below, or outside of either basin, shall be prohibited.

The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.

The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.

A diversion within Egg Harbor City involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection E(2)(a) and (b) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection E(4) below.

Within Egg Harbor City a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection E(4)(c) through (f) below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a water allocation permit or water use registration number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

When evaluating whether the proposed diversion meets the criteria set forth at Subsection E(4)(c) through (f) below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.

The standards set forth at Subsection E(4)(c) through (f) below shall not apply to:

A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:

[a]

Be approximately the same depth as the existing well;

[b]

Divert from the same aquifer as the existing well;

[c]

Have the same or lesser pump capacity as the existing well; and

[d]

Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;

Any proposed diversion that is exclusively for agricultural or horticultural use; or

[3]

Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.

A proposed diversion shall be permitted only in the following Pinelands Management Areas: Pinelands Town.

A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.

A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.