The attachment of reasonable conditions to development applications are exercises of valid police powers delegated by the state to the Borough. The applicant shall comply with reasonable conditions required by the approving authority for use of the land. Where County Planning Board or Pinelands Commission approval is required for a subdivision or site plan, the approving authority shall condition any approval it grants upon either the timely receipt of a favorable report from those agencies or their approval due to their failure to act within the required time period. If either report is negative or attaches conditions, the original action by the Borough approving authority shall be null and void and a new resolution shall be adopted which considers the county or Pinelands report. Where the application is barred or prevented by legal action as set forth in N.J.S.A. 40:55D-22 or if the application requires approval by a government agency other than the Borough agency, the approving authority shall condition its approval on removal of such legal barrier and/or upon the subsequent approval of such government agency. In the event that the subsequent approval by another governmental agency results in a change in the conditionally approved plans by the Borough's approving authority, the applicant shall resubmit the application to the Borough for its review and approval.
The approving authority, when acting upon subdivision and site plan applications, shall have the power to grant such exceptions from the design and performance standards of this chapter as may be reasonable and within the general purpose and intent of these requirements if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
The approving authority may waive required notices and hearing from minor and exempt subdivisions and site plans, except where a variance or conditional use is part of the application. Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of documentation to the approving authority showing the division of land for agricultural purposes (no residence) where all resulting parcels are five acres or larger in size; divisions by testamentary or intestate provisions; divisions of property by court order; and conveyances so as to combine existing lots by deed or other instrument, as the case may be. Until exempted from the subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required.
A. 
The approving authority shall have the power to act upon subdivisions, conditional uses or site plans simultaneously without the developer's making further application or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing shall include reference to the request for the conditional use. See § 335-8, Conditional uses.
B. 
The developer may also elect to submit a separate application requesting approval of a variance or the direction of the issuance of a permit followed by subsequent application(s) for required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon the granting of all subsequent approvals required by the approving authority.
[Amended 9-15-1997 by Ord. No. 97-16]
A site plan review and approval is required for all developments, including the conversion of any use of any other use even though no new construction is planned when the conversion occurs. Subdivision approval is required whenever a person intends to divide, modify or consolidate property resulting in the addition, removal or relocation of a lot line. The purpose of reviewing and approving subdivision and site plans shall be to determine that the new uses and other developments will conform to all appropriate municipal regulations, the revised statutes of the State of New Jersey, the resolutions of the County of Camden and all other applicable regulations and to exercise the powers granted to the Borough under the Municipal Land Use Law.[1] Plan reviews shall be administered to ensure that existing facilities shall be adequate for the proposed use and to ensure the orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 7-25-2001 by Ord. No. 2001:9]
A. 
All proposed applications for the construction of a dwelling or other structure greater than 500 square feet in size shall be required to submit two copies of a grading plan for review and approval by the Township Engineer prior to the issuance of a construction permit. A written communication of the results of such review and a statement of approval or denial shall be provided by the Township Engineer to the Construction Official. The appropriate escrow fees for such reviews shall accompany the application for the construction permit.
B. 
Prior to the issuance of a certificate of occupancy, the applicant shall submit two copies of a final plan of survey for review and approval by the Township Engineer. The Township Engineer, upon review and acceptance of the plan, shall perform a final inspection of the site prior to recommending a certificate of occupancy. A written communication of the results of the inspection and a statement of approval or denial shall be provided by the Township Engineer to the Construction Official. The appropriate escrow fees for such review and inspections shall accompany the application for the certificate of occupancy.
A. 
Applicability.
[Amended 12-26-2001 by Ord. No. 2001:16]
(1) 
No person shall carry out any development within the Pinelands Area without obtaining development approval from an approving authority in accordance with the provisions set forth in this section.
(2) 
Except as provided in A(3) below, the following shall not be subject to the procedures set forth in § 335-28B through G:
(a) 
The improvement, expansion or reconstruction within five years of destruction or demolition of any single family dwelling unit or appurtenance thereto;
(b) 
The improvement, expansion, construction, or reconstruction of any structure accessory to a single-family dwelling;
(c) 
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;
(d) 
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
(e) 
The repair of existing utility distribution lines;
(f) 
The clearing of less than 1,500 square feet of land;
(g) 
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that:
[Amended 7-12-2018 by Ord. No. 2018-17]
[1] 
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
[2] 
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.
(h) 
The demolition of any structure that is less than 50 years old;
(i) 
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;
(j) 
The repair or replacement of any existing on-site wastewater disposal system;
(k) 
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 7-12-2018 by Ord. No. 2018-17]
(l) 
The clearing of land solely for agricultural or horticultural purposes.
[Amended 7-12-2018 by Ord. No. 2018-17]
(m) 
Fences, provided no more than 1,500 square feet of land is to be cleared;
(n) 
Above-ground telephone equipment cabinets;
(o) 
Tree pruning;
(p) 
The following forestry activities:
[1] 
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
[2] 
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; and
[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;
(q) 
Prescribed burning and the clearing and maintaining of fire breaks; or
(r) 
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 335-45, Landscaping, and § 335-77K(3)(c).
(s) 
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Added 7-12-2018 by Ord. No. 2018-17]
(t) 
The installation of a local communications facility 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 7-12-2018 by Ord. No. 2018-17]
(u) 
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Added 7-12-2018 by Ord. No. 2018-17]
(v) 
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 7-12-2018 by Ord. No. 2018-17]
(3) 
The exceptions contained in Subsection A(2) above shall not apply to any historic resource designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(4) 
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.
(5) 
In addition to other development and design standards set forth in this chapter, all development located in the Pinelands Area shall comply with the standards set forth in § 335-28.
B. 
Minor development. Any application for approval of minor development shall include at least the following information:
[Amended 12-26-2001 by Ord. No. 2001:16]
(1) 
The applicant's name and address and his interest in the subject property;
(2) 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(3) 
The legal description, including block and lot designation and street address, if any, of the subject property;
(4) 
A description of all existing uses of the subject property;
(5) 
A brief written statement generally describing the proposed development;
(6) 
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, the Pinelands management area designation and the zoning designation are shown;
(7) 
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, 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:
(a) 
On-site treatment facilities: location, size, type and capacity of any proposed on-site water treatment facilities; and
(b) 
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 a suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 335-77K(8).
(8) 
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership 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;
(9) 
A soils map 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;
(10) 
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;
(11) 
A certificate of filing from the 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 Commission pursuant to the Interim Rules and Regulations; and
(12) 
When prior approval for the development has been granted by the approving authority, evidence of Commission review pursuant to § 335-28E below.
C. 
Other application requirements; certificate of filing. All applications for major development, other than forestry operations, shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)5, as well as the following:
[Amended 12-26-2001 by Ord. No. 2001:16]
(1) 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
(2) 
When prior approval for the development has been granted by the Borough, evidence of Pinelands Commission review pursuant to § 335-28E below.
D. 
Notices.
[Amended 12-26-2001 by Ord. No. 2001:16; 7-12-2018 by Ord. No. 2018-17]
(1) 
Application submission and modifications. Written notification shall be given by the Borough, by e-mail or regular mail, to the Pinelands Commission within seven days after a determination is made by the Borough that an application for development in the Pinelands Area is complete or if a determination is made by the Borough approval agency that the application has been modified. Said notice shall contain:
(a) 
The name and address of the applicant;
(b) 
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(c) 
A brief description of the proposed development, including uses and intensity of uses proposed;
(d) 
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(e) 
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;
(f) 
The approval agency with which the application or change thereto was filed;
(g) 
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; and
(h) 
The nature of the municipal approval or approvals being sought.
(2) 
Meetings and 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 e-mail, 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:
(a) 
The name and address of the applicant;
(b) 
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(c) 
The date, time and location of the meeting, hearing or other formal proceeding;
(d) 
The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding;
(e) 
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission; and
(f) 
The purpose for which the meeting, hearing or other formal proceeding is to be held.
(3) 
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 e-mail or regular mail to the Commission. Such notice shall contain the following information:
(a) 
The name and address of the applicant;
(b) 
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(c) 
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(d) 
The date on which the approval or denial was issued by the approval agency;
(e) 
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;
(f) 
Any revisions to the application not previously submitted to the Commission; and
(g) 
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.
E. 
Review by the Pinelands Commission. Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 335-28D(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 N.J.A.C. 7:50-4.42. The approval of the Borough 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. Although the Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Commission.
[Amended 12-26-2001 by Ord. No. 2001:16]
F. 
Prior approval. Where a prior approval has been granted by the Borough, no final approval of an application for development approval shall be obtained until one of the following is satisfied:
(1) 
Notification is received from the Pinelands Commission that review of the Borough's prior approval is not required.
(2) 
Review of the Borough's prior approval has been completed pursuant to N.J.A.C. 7:50-4.27 through 7:50-4.32, and a final order regarding approval is received by the Borough from the Pinelands Commission.
G. 
Effect of Commission's decision on Borough approvals. 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 and the agency shall thereafter deny 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 to 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 12-26-2001 by Ord. No. 2001:16]
H. 
Waivers. If any application for development approval conflicts with a provision of this chapter, adopted pursuant to the Pinelands Act, the approving authority may disapprove the application, approve the application subject to the applicant obtaining a waiver from the Pinelands Commission pursuant to the New Jersey Administrative Code or suspend further review of the application, with the consent of the applicant, until a waiver is obtained. In no event is the approving authority authorized to waive the applicability of any provision of this chapter adopted pursuant to the Pinelands Act.
I. 
Participation of the Commission at public hearings. The Pinelands Commission may participate in a hearing held by the approving authority of the Borough involving the development of land in the Pinelands Protection Area pursuant to N.J.A.C. 7:50-4.36.
[Amended 12-26-2001 by Ord. No. 2001:16]
J. 
Public development. All development proposed by the Borough of Berlin 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.
[Amended 12-26-2001 by Ord. No. 2001:16]
K. 
Conflict of provisions. The standards and regulations in this chapter applicable to the Pinelands Area are intended to be the minimum provisions necessary to achieve the purposes and objectives of this chapter and the Pinelands Act.[1] In the event of a conflict between any provisions, the stricter provision shall apply.
[1]
Editor's Note: See the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq.
A. 
An informal submission is optional. Any person may be placed on the agenda of a regular meeting of the approving authority for discussion on an informally prepared plat. The purpose will be to review concepts to assist the applicant in the preparation of subsequent plans. Other than classification, no decisions will be made, no hearings held and no formal action taken on an informal plat.
B. 
Filing procedure. The developer shall file with the administrative officer at least two weeks prior to the meeting of the approving authority up to 14 black-on-white copies of the plat, two completed copies of the application form, two completed copies of the informal plat checklist and the applicable fees.
C. 
Action by the approving authority.
(1) 
The approving authority shall review the submission for its completeness and, if sufficient data is presented, shall classify the application as an informal submission of a minor or major development within 45 days of the date of submission or such further time as may be consented to by the applicant. If the approving authority shall require any changes in the plat prior to the applicant's resubmitting the plat as a preliminary or final plat, such changes and/or conditions shall be in writing and shall be sent to the applicant.
(2) 
When the approving authority determines that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the approving authority may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer may be required to submit an informal plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development together with subsequent subdivisions or development will not create, impose, aggravate or lead to any such adverse effect(s).
D. 
Notification of any approval shall be made to the Pinelands Commission pursuant to § 335-28D(2) and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6.
A. 
Preliminary plats are required for all major site plans and all major subdivisions.
B. 
Filing procedure.
(1) 
The developer shall submit to the administrative officer at least two weeks prior to the applicable meeting of the approving authority the applicable fees; certification by the Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property; a copy of the deed, including the text of any easements, protective covenants and deed restrictions applying to the land being developed; up to 14 black-on-white copies of the complete preliminary plat submission; and three completed copies of the following: the application form for preliminary approval; preliminary plat checklist; and soil erosion and sediment control data as required in Article V of this chapter. Preliminary drainage information shall be submitted as part of the preliminary plat application. Detailed drainage calculations shall be required prior to the approval of the preliminary plat based on the requirements of this chapter and the recommendations of the Borough Engineer. Failure to submit full drainage calculations and related site improvements and stormwater management consistent with those calculations shall be sufficient to deny the preliminary plat approval.
(2) 
The application shall be accompanied by either four copies of a complete Environmental Impact Report (EIR) in accordance with the following or a written request for a waiver of any or all of its requirements. The EIR shall include evidence that the Department of Environmental Protection (NJDEP) has issued, or has been requested to issue, either a letter of interpretation regarding the wetland boundaries and their resource value and/or permit(s) for averaging or filling or a letter of exemption that there are no wetlands; and that NJDEP has issued, or been requested to issue, either a stream encroachment permit or a waiver. If waiver(s) from the EIR are requested, the approving agency shall either approve, approve in part or disapprove the request(s). If approved in part or disapproved, the applicant shall provide the required data within 10 days or at least two weeks prior to the date the approving authority is required to act, whichever comes first, or at least two weeks prior to some future date the approving agency may set if the applicant consents to an extension of time.
(a) 
Prior to submitting a preliminary plat, the applicant shall use secondary source material to present an overview of the natural limitation(s) of the site and to guide the layout of the proposed development. These maps will aid in locating soil types, topography, slopes, surface water, depth to water table, wetlands, wetland transition areas, floodplains and similar data. Little or no text need accompany this data at this stage. It is anticipated that major areas of concern can be identified and agreed upon by use of this data at an early stage in order to avoid development designs that will encroach upon the major environmental problem areas. Where environmentally sensitive areas identified by this general data must be encroached upon, the environmental impact report submitted at the preliminary plat stage can analyze the problem in more detail based on site-specific data but limiting the analysis to the smaller areas of concern.
(b) 
The EIR shall set forth the steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including necessary maps, phasing schedules and other explanatory data to clarify and explain these steps. The EIR shall incorporate the following:
[1] 
The means of obtaining public water supply; proposals for surface water quality basins, if any; either avoid encroaching into streams, flood hazard areas, wetlands and wetland transition areas or submit NJDEP's approval for such encroachments and their mitigation requirements; the method of connecting into the sanitary sewer system and the adequacy of the sewer system to accommodate the proposal; temporary and permanent slopes in excess of 10% and the measures needed to avoid soil erosion; any unique machinery, vehicles or other generators of poor air quality and the manner in which the problems are to be mitigated; and the manner in which existing wooded areas and historic sites are to be protected.
[2] 
Hazardous/toxic material. The EIR shall identify the quantity and location of hazardous and toxic materials to be stored or handled on site. This data shall include details on receiving, storing and shipping such materials; how routine and emergency cleanups are conducted; whether any special fire suppression or spill containment is required; and the status of any approvals or permits required from NJDEP related to such materials.
[3] 
A list of all licenses, permits and approvals needed from federal, state or county agencies, including the status of each and any conclusions received.
(3) 
A corporation or partnership applying to subdivide a parcel of land into six or more lots or for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or every partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent-ownership criteria established in this chapter have been listed. There shall be no approval of any application by any corporation or partnership which does not comply with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation or partnership shall be as outlined in N.J.S.A. 40:55D-48.4.
C. 
Action by the approving authority.
(1) 
Acceptance. The approving authority shall review the submission for its completeness and take action accepting or rejecting the submission as a complete application within 45 days of submission. If deemed incomplete, the applicant shall be notified, in writing.
(2) 
Public hearing. If accepted as an application, a public hearing date shall be set by the approving authority and notice given by the applicant as required by this chapter.
(3) 
Referrals. The administrative officer shall submit one copy of the plat and supporting data to the County Planning Board, Borough Engineer and any other agency or person as directed by the approving authority for their review and action. Each shall have not more than 30 days from receipt of the plat to report to the approving authority. In the event of disapproval, such report shall state the reasons therefor. If any agency or person fails to report to the approving authority within the designated period, said plat shall be deemed to have been approved by said agency or person. Upon mutual agreement between the County Planning Board and the approving authority, with approval of the developer, the thirty-day period for a County Planning Board report may be extended for an additional 30 days and any extension shall so extend the time within which the approving authority is required to act.
(4) 
Action on subdivision. A subdivision of 10 or fewer lots shall be granted or denied within 45 days of the date of a complete submission or within such further time as may be consented to by the developer. With more than 10 lots, the approving authority shall grant or deny preliminary approval within 95 days of the date of a complete submission or within such further time as may be consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval to the subdivision. Whenever an application for preliminary approval includes a request for relief pursuant to N.J.S.A. 40:55D-60, the approving authority shall grant or deny approval of the application within 120 days after submission of a complete application or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, this one-hundred-twenty-day period shall apply only to the application for the approval of the variance or the direction for issuance of a permit as set forth in N.J.S.A. 40:55D-60. The period for granting or denying the other approval(s) shall be as set forth for the other approvals.
[Amended 9-15-1997 by Ord. No. 97-16]
(5) 
Action on site plan. The approving authority shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer:
[Amended 9-15-1997 by Ord. No. 97-16]
(a) 
A site plan for 10 acres of land or fewer, and 10 dwelling units or fewer: within 45 days of the date of a complete submission.
(b) 
A site plan of more than 10 acres or more than 10 dwelling units: within 95 days of the date of a complete submission.
(c) 
Whenever an application for preliminary approval includes a request for relief pursuant to N.J.S.A. 40:55D-60, the approving authority shall grant or deny approval of the application within 120 days after submission of a complete application or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, this one-hundred-twenty-day period shall apply only to the application for the approval of the variance or the direction for issuance of a permit as set forth in N.J.S.A. 40:55D-60. The period for granting or denying the other approval(s) shall be as set forth for the other approvals.
(6) 
Amended plan. If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision as proposed by the developer and that plan had been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The approving authority shall, if the proposed development complies with this chapter, grant preliminary approval.
(7) 
Form of approval. The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report [§ 335-30B(2)]. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 335-17, Public hearings and notices. If the approving authority grants preliminary approval, its Chairman and Secretary (or the Vice Chairman or Assistant Secretary in their absence, respectively) and Borough Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are complied with. If all conditions are not complied with within 190 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse and become null and void. The conditions set forth in N.J.S.A. 40:55D-22b need not be met in order for municipal signatures to be placed on the plans or need not be met within the 190 days set forth above.
(8) 
Rights granted by approval. Preliminary approval shall, except as provided in Subsection C(9) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval, otherwise the approval shall be void:
(a) 
The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirement; layout and design standards for streets, curbs, and sidewalks; lot size; yard dimensions and off-tract improvements; and any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b) 
The applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat.
(c) 
The applicant may apply for and the approving authority may grant extensions on 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.
(d) 
Whenever the approving authority grants an extension of preliminary approval pursuant to Subsection C(8)(c), 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.
(e) 
The approving authority shall grant an extension of the preliminary approval for a period determined by the approving authority, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the approving authority 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. The 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 approving authority from granting an extension otherwise available under Subsection C(8)(c) above.
(9) 
Extended period of approval. In the case of a development of an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection C(8)(a), (b) and (c) above for such period of time longer than three years, as shall be determined by the approving authority 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(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(10) 
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Borough approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Borough approving authority may grant preliminary subdivision approval conditioned upon such evidence being presented as a prerequisite to final subdivision approval. For such a final subdivision, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any preliminary approval shall be made to the Pinelands Commission pursuant to § 335-28D, and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision approval or, if no such approval is required, prior to the issuance of any construction permits.
[Amended 12-26-2001 by Ord. No. 2001:16]
A. 
Filing procedure.
(1) 
The developer shall submit to the administrative officer at least two weeks prior to the applicable meeting of the approving authority the applicable fees, certification by the Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property, up to 14 black-on-white copies of the complete final plat submission, one translucent tracing on cloth or plastic film; one opaque cloth print and three completed copies of the following: the application form for final approval; final plat checklist; all amendments or changes in the deed, including the text of any protective covenants, deed restrictions and easements applying to the land being developed which have been or will be incorporated into the deed as a result of the development; the deed restrictions and other legal documents assuring compliance with the Lower-Income Housing requirements, where applicable; and copies of correspondence with NJDEP that either a letter of interpretation regarding wetlands or a letter of exemption that there are no wetlands, has been requested or issued, and/or a stream encroachment permit from NJDEP or a waiver has been requested or granted and certification by the Soil Conservation District has been issued pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975;[1] and a list of proposed street names.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(2) 
Where utility services are to be extended to a property or into the tract, the final plat shall be accompanied by letters directed to the Chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone, electricity and cable television that has jurisdiction in the area approving each proposed utility installation design and stating who will construct the facility.
(3) 
The final plat shall be accompanied by a statement by the Borough Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation, that he has examined the drainage, erosion, stormwater control and excavation plans and found that the interests of the Borough and of nearby properties are fully protected, identifying those portions of any improvements already installed and that the developer has either:
(a) 
Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval, with a maintenance guaranty accompanying the final plat; or
(b) 
Elected to post performance bond(s) to guarantee satisfactory installation of the required improvements.
B. 
Action by the approving authority.
(1) 
Acceptance. The approving authority shall review the submission for completeness and take action on accepting or rejecting the submission as a complete application. If deemed incomplete, the applicant shall be notified within 45 days of submission. If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of preliminary approval, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2) 
Action on application. Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the applicant to comply with any condition within the time required shall cause a conditional approval to lapse. An approved final plat and any deeds associated with a final approval shall be signed by the Chairman and Secretary of the approving authority (or the Vice Chairman or Assistant Secretary in their absence, respectively) only after all conditions have been met. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for the purpose of filing subdivision plats. Whenever an application for final approval includes a request for relief pursuant to N.J.S.A. 40:55D-60, the approving authority shall grant or deny approval of the application within 120 days after submission of a complete application or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, this one-hundred-twenty-day period shall apply only to the application for the approval of the variance or the direction for issuance of a permit as set forth in N.J.S.A. 40:55D-60. The period for granting or denying the other approval(s) shall be as set forth for the other approvals.
[Amended 9-15-1997 by Ord. No. 97-16]
(3) 
Condition on county or state actions. Whenever review or approval of the application is required by the County Planning Board or by any state agency such as NJDEP or New Jersey Department of Transportation (NJDOT), the approving authority shall condition any approval that it grants upon timely receipt of a favorable report from these agencies or upon the County Board's failure to submit a report within the required time period.
(4) 
Expiration of minor approval; filing. Final approval of a minor subdivision shall expire 190 days from the date on which the resolution of Borough approval was adopted unless within such period a plat in conformity with such approval, including any conditions imposed by the approving authority, and in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision, is filed, by the developer with the county recording officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority. In reviewing the application for development for a proposed minor subdivision, the approving authority may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision by plat rather than deed, such plat shall conform to the provisions of said law.
(5) 
Expiration of major approval; filing. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the approved plat, including any conditions imposed by the approving authority and in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), shall have been duly filed by the developer with the county recording officer. The approving authority may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
(6) 
Extension of time for filing. The approving authority may extend the ninety-five or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the approving authority 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 approving authority. The developer may apply for an extension either before or after the original expiration date.
(7) 
Filing with county. No subdivision plat or deed shall be accepted for filing by the county recording officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority or a certificate has been issued as to the failure of the approving authority to act within the required time. The signature of the Chairman and Secretary shall not be affixed until the developer has posted the required guaranties. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the Borough, the plat shall be expunged from the official records. It shall be the duty of the county recording officer to notify the approving authority, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
(8) 
Rights granted for final plat. Provided that the approved final subdivision plat or deed, as appropriate, has been filed with the county recording officer, the zoning requirements applicable to the preliminary approval first granted to a site plan or a major subdivision and all other rights conferred upon the developer pursuant to the Municipal Land Use Law,[2] whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval was adopted. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Whenever the approving authority grants an extension of final approval pursuant to 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. The approving authority shall grant an extension of final approval for a period determined by the approving authority but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the approving authority 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. The 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 approving authority from granting any other extensions authorized by law. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(9) 
Rights granted for minor subdivision. Provided that the approved final plat of a minor subdivision has been filed with the county recording officer, the zoning 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 of minor subdivision approval.
(10) 
Rights granted for large development. In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in Subsection B(6) and (7) above for such period of time longer than two years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for and the approving authority may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority 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.
(11) 
Distribution of final plat. The developer shall supply sufficient copies of the approved final plat so the administrative officer can distribute one copy to each of the following: Borough Clerk, Tax Assessor and approving authority and any other agency or person directed by the approving authority; and the developer shall supply one translucent cloth or Mylar copy to the Borough Engineer.
(12) 
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Borough approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Borough approving authority may grant preliminary subdivision approval conditioned upon such evidence being presented as a prerequisite to final subdivision approval. For such a final subdivision, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any final approval shall be made to the Pinelands Commission pursuant to § 335-28D, and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 12-26-2001 by Ord. No. 2001:16]
A. 
Plat conformity. No development application shall be accepted unless submitted in plat form, and no plat, other than an informal plat as set forth in Subsection B below, shall be accepted for consideration unless it conforms to the following requirements as to form, content and accompanying information. All preliminary and final plats shall be drawn by a land surveyor licensed to practice in the State of New Jersey and shall bear the signature, embossed seal, license number, address and telephone number of the land surveyor. All drawings of improvements shall bear the signature, embossed seal, license number, address and telephone number of a licensed professional engineer of the State of New Jersey.
B. 
Informal plat for review and classification. The applicant may request submission waivers. If there is any question as to the suitability of any lot(s), and hence the number of lots in the development, the final number of lots will be based on an approved preliminary plat using a standard subdivision design.
(1) 
Clearly and legibly drawn.
(2) 
A key map with North arrow showing the entire development and its relation to surrounding areas.
(3) 
The Tax Map sheet, block and lot number for the tract and all adjacent lots; the title of "Informal plat for review and classification”; North arrow; and the date of the original drawing and the date and substance of each revision.
(4) 
Graphic scale not less than one inch equals 100 feet.
(5) 
Existing and proposed street and lot layout, with dimensions and all setback lines, showing that portion proposed for development in relation to the entire tract.
(6) 
Existing lot lines to be eliminated and new lot lines being created.
(7) 
Area of the original tract and each proposed lot.
(8) 
Existing structures and uses, including the location of units proposed for lower-income housing, if applicable.
(9) 
Connection points for public water and the sewage collection system.
(10) 
Contours based on United States Geological Survey data.
(11) 
All watercourses, including their direction of flow; the location of all drainage structures; and the approximate location of flood hazard areas, floodway lines and wetlands.
(12) 
Existing and proposed rights-of-way and easements within and adjoining the tract, including sight triangles. Proposed access points and parking areas shall be included on site plans.
C. 
Preliminary subdivision plat.
(1) 
Clearly and legibly drawn.
(2) 
Graphic scale not less than one inch equals 100 feet.
(3) 
Based on certified boundary survey and drawn by a land surveyor licensed in New Jersey with design and improvements drawn by a professional engineer licensed in New Jersey. Property corner markers, both found and set, or the relation to existing markers to the property corners shall be shown.
(4) 
If more than one sheet is required to show the entire development, a separate composite map shall be included showing the entire development on one sheet.
(5) 
Key map with North arrow showing the entire subdivision in relation to surrounding areas, including the names of principal roads.
(6) 
Title block prepared in accordance with N.J.A.C. 13:40-2 and including the name of the development; any development names previously associated with the application; the name of the Borough; Tax Map sheet, block and lot number; address of property; date of preparation and most recent revision; North arrow; graphic scale; and the names, addresses, phone numbers, seals and signatures of the person(s) who prepared the plat(s) and of the applicant.
(7) 
The developer shall designate a site supervisor responsible for on-site construction safety during the course of site improvements. This requirement shall be noted on all plats.
(8) 
The names of all property owners within 200 feet of the extreme limits of the development as disclosed on the most recent Borough tax records.
(9) 
Tract acreage to the nearest 1/1,000 of an acre, the number of new lots, each lot line dimension scaled to the nearest 1/10 of a foot and each lot area to the nearest square foot.
(10) 
Existing and proposed contours at two-foot intervals. All elevations shall be related to a bench mark noted on the plan and shall be based on United States Geological Survey mean sea level datum.
(11) 
Location of existing natural features such as wetlands, wetland transition areas, one-hundred-year flood hazard areas, slopes exceeding 10%, wooded areas, and individual trees outside wooded areas having a diameter of six inches or more as measured four feet above ground level.
(12) 
Existing and proposed streams, lakes, ponds, wetlands and wetland transition areas accompanied by the following data:
(a) 
When a running stream is proposed for alteration, improvement or relocation or when a structure or fill is proposed over, under, in or along such a running stream, evidence of approval, required alterations, lack of jurisdiction or denial of the improvement by the New Jersey Division of Water Resources shall accompany the plat.
(b) 
Cross sections and profiles of watercourses at an appropriate scale showing the extent of the flood-fringe area, top of bank, normal water level and bottom elevations at the following locations:
[1] 
All watercourses within or adjacent to the development and at any point where a watercourse crosses a boundary of the development (profile and cross sections).
[2] 
At fifty-foot intervals for a distance of 300 feet upstream and downstream of any existing or proposed culvert or bridge within the development (cross sections).
[3] 
At a maximum of one-hundred-foot intervals, but at no less than two locations, along each watercourse which runs through or adjacent to the development (cross sections).
[4] 
When ditches, streams, brooks or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and the measures to control erosion and siltation during construction shall be provided and typical ditch sections and profiles shall be shown on the plan.
(c) 
The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a development. For flowing streams, small-scale watershed maps developed from United States Geological Survey sheets shall be submitted.
(d) 
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in that portion of the development which drains to the structure.
(e) 
The location and extent of all existing or proposed drainage and conservation easements and flood hazard area and floodway lines.
(f) 
The location, size and water level elevation of all existing or proposed lakes or ponds within or no farther than 300 feet from the development.
(g) 
Plans and computations for any storm drainage systems, including the following:
[1] 
All existing and proposed storm sewer lines within the development and on lands or roads adjacent to the development, including all required off-site and off-tract drainage improvements, showing size, profile and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
[2] 
The location and extent of existing and proposed ditches, swales, berms, streams, dry wells, groundwater recharge basins, detention basins, retention basins, flood control devices, sedimentation basins or other water conservation devices.
[3] 
Complete design criteria and calculations to substantiate the capacity of the storm drainage system.
(13) 
The names, locations and dimensions, including paved widths and right-of-way widths, of all existing and proposed streets within a distance of 200 feet of the boundaries of the development. The plan shall show the proposed on-tract circulation system(s), including streets, driveways and sidewalks and any connections to either existing or proposed streets and sidewalks and what off-site extension(s), if any, will be made to nearby existing or proposed streets as shown on the adopted Master Plan. Construction vehicle access shall be shown and approved by the approving authority.
(14) 
Plans, cross sections, center-line profiles, tentative grades and details of all proposed and existing streets in the tract and within 200 feet of the development together with full information as to the disposal of surface drainage, including plans, cross sections and profiles of streets, storm drains and drainage structures. Typical street cross sections shall indicate the type and width of pavement and the location of curbs, sidewalks, typical underground utilities and shade tree planting. At intersections, the sight triangles, radii of curblines, crosswalks and street sign locations shall be shown. Final street naming may be deferred. For streets where curbs and/or sidewalks are to be provided, separate curb and sidewalk profiles shall be required at street intersections. Barrier free access across curbs shall be required where sidewalks and bike routes cross the curb.
(15) 
The names, locations, paved widths, right-of-way widths and purpose(s) of existing and proposed easements, streets, driveways and other rights-of-way in the subdivision. The text of any proposed deed restriction shall be included, including those deed restrictions required in relation to lower-income housing units in § 335-49, Lower-income housing. The text to be included in each deed shall be submitted identifying the purpose(s) and all applicable restrictions for each type of easement.
(16) 
The location and description of all monuments existing and tentatively proposed.
(17) 
All proposed lot lines as well as all existing lot lines to remain and those to be eliminated all setback lines required by the zoning provisions of this chapter with their dimensions and any Borough boundary line where the boundary is within the tract or within 200 feet of the tract. Any lot(s) to be reserved or dedicated to public use shall be identified. Each block shall be numbered and the lots within each block shall be numbered in accordance with numbers assigned by the Borough Tax Assessor. The Assessor shall certify, in writing, to the approving authority prior to preliminary approval that the block and lot numbers shown on the plat are in accordance with the Assessor's designation.
(18) 
Locations of all existing buildings and structures and their use(s) in the tract and within 200 feet thereof showing existing and proposed front, rear and side yard setback distances, structures of historic significance and an indication of all existing structures and uses to be retained and those to be removed, including the location and number of proposed lower-income housing units.
(19) 
Plans and profiles of proposed improvements and utility layouts (water mains, sanitary sewers, storm sewers, erosion control, stormwater control, excavation, fire hydrants, streetlights, electric, telephone, cable television, etc.) showing location, size, type, slope, invert elevations, pumping stations and other details as well as feasible connections to any existing or proposed utility systems. Underground installations are required (See § 335-57, Public utilities). If private utilities are proposed, they shall comply fully with Borough, county and state regulations. If service will be provided by an existing utility company, a letter from that company shall be submitted stating that service will be available before occupancy of any proposed structures.
(20) 
Zoning district(s) and zoning district lines.
(21) 
An itemization of all improvements to be made to the site in accordance with the standards specified in Articles V and VI and such other improvements on-site, off-site, on-tract and off-tract as the public interest may require together with a listing of the work and materials to be used in installing such improvements, including estimated quantities of necessary materials sufficient to enable the Borough Engineer to formulate a performance guaranty estimate.
(22) 
Proposed temporary trailer sales and/or construction office locations. The developer shall provide accessibility to trailers during development construction activity, and parking shall be provided for staff and prospective buyers.
D. 
Final subdivision plat. The following requirements shall be observed in a final subdivision plat for both minor and major subdivisions:
(1) 
Clearly and legibly drawn.
(2) 
The scale shall be at least one inch equals 100 feet unless a larger scale is approved by the Borough Engineer that is large enough to contain legibly written data on the dimensions, bearings and all other details of the boundaries.
(3) 
Drawn by a licensed land surveyor in compliance with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
(4) 
The developer shall designate a site supervisor responsible for on-site construction safety during the course of site improvements. This requirement shall be noted on all plats.
(5) 
If more than one sheet is required to show the entire development or if the development is being phased, a separate composite map shall be drawn showing the entire development on one sheet and the sheets on which the various phases or sections are shown.
(6) 
The submission for final plat approval shall show the following, except that the plat to be filed with the county recording officer need only contain the data required for filing with the county and all other data may be submitted on separate sheets:
(a) 
Signature/certification blocks for the Chairperson and Secretary of the approving authority, Borough Engineer, Borough Clerk, land surveyor and property owner and other endorsements required by law.
(b) 
Tract boundary lines; Borough boundary line if within 200 feet of the tract being subdivided; street names; all lot lines and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and chord bearings, with the distances, of all curves all based on an actual survey by a land surveyor licensed to practice in the State of New Jersey; minimum building setback lines, including setbacks from floods and wetlands as required herein; and the area of each lot shown to the nearest square foot. All dimensions, both linear and angular, of the exterior tract boundaries shall be based on and calculated from surveyed traversing which shall have an apparent error of field closure of 1:10,000 or better and shall be corrected by accepted balancing methods to final errorless closure. All final exterior and lot boundaries shall be similarly balanced to final errorless closure.
(c) 
Block and lot numbers in accordance with established standards and in conformity with the Borough Tax Map as approved by the Borough Tax Assessor and containing the certification of the Borough Tax Assessor. All street numbers, where appropriate, shall be designated as specified by the approving authority.
(7) 
The final plat shall be accompanied by the following:
(a) 
A copy of the preliminary subdivision plat revised to show all conditions and changes required by the approving authority at the time of preliminary approval, including the final design for any improvements within the section covered by the final plat.
(b) 
A certification that the applicant is agent or owner of the land and that the owner has given consent to the development.
(c) 
Appropriate local, county and state approvals.
(d) 
Certification from the Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property.
A. 
Plat conformity. No development application shall be accepted unless submitted in plat form, and no plat shall be accepted for consideration unless it conforms to the following requirements as to form, content and accompanying information. All plats shall be drawn by a licensed New Jersey land surveyor and shall bear the signature, seal, license number and address of the land surveyor, except that plats submitted under the informal discussion provisions of this Article and sketch plats of minor site plans are exempt from this requirement. All drawings showing improvement designs shall bear the signature and embossed seal of a licensed professional engineer of the State of New Jersey.
B. 
Informal site plan for review and classification shall include the same data as required in § 335-32B. This submission shall also show, to scale, the lot lines, proposed building(s), proposed use(s), including the location and number of lower-income housing units, parking, loading, on-site vehicular, pedestrian and bicycle circulation system(s), as intended, driveways, wooded areas, approximate on-site or on-tract stormwater detention facilities, all existing and proposed easements and water and sewer service.
C. 
Preliminary site plan.
(1) 
Every preliminary site plan shall be at a minimum graphic scale of one inch equals 10, 20, 30, 40 or 50 feet and certified by a New Jersey licensed architect or engineer, including accurate lot lines certified by a New Jersey licensed land surveyor. If one sheet is not sufficient to contain the entire territory, or if the development is to be phased, a separate composite map shall be drawn showing the entire development on one sheet and the sheets on which the various sections or phases are shown. The following data shall be shown on the site plan or accompany it: all lot lines and the exterior boundaries of the tract; North arrow; zone district(s) in which the tract is located; date of original drawing and each subsequent amendment; existing and proposed streets and street names; existing and proposed contours at two-foot intervals throughout the tract and within 100 feet of any building or paved area under review; title of the plan; streams, floodways, one-hundred-year flood hazard area, wetlands and wetland transition areas; total area to within one square foot; total number of parking and loading spaces; all dimensions, areas and distances needed to confirm conformity with this chapter, such as but not limited to building lengths, building coverage, lot coverage, floor area ratio, lot lines, parking spaces, loading spaces, setbacks and yards; a key map giving the general location of the parcel within the Borough; a separate map showing the site in relation to all remaining lands in the present owner's ownership; and any and all existing or proposed easements including the text to be included in each deed identifying the purpose(s) and all applicable restrictions for each type of easement. The text of any proposed deed restriction shall be included, including those deed restrictions required in relation to any lower-income housing units in § 335-49.
(2) 
Each site plan shall include the following information and be designed to comply with Articles IV, V and VI:
(a) 
Building and use plan. The plan shall show the size, height, location, arrangement and use of all proposed buildings, structures and signs, including the location and number of lower-income units and the deed restrictions required in relation to lower-income housing units in § 335-49, Lower-income housing, and including an architect's scaled elevation of the front, side and rear of any structure and sign to be erected or modified to the extent necessary to apprise the approving authority of the scope of the proposed work. Any existing buildings and structures shall be identified either to remain or to be removed. The plan shall also include a written description of the proposed use(s) and operation(s) of nonresidential buildings, including a floor plan showing the designated areas and square footage for different land use types; the estimated number of employees or members; the proposed number of shifts to be worked and the maximum number of employees on each shift; projected types and number of truck and tractor-trailer traffic; emission of noise, glare, vibration, heat, odor, air and water pollution; safety hazards; type, quantity and location of hazardous or toxic materials stored or handled on site; and anticipated expansion plans incorporated in the building design. In apartment and townhouse projects, the number of dwelling units, by type, shall be shown.
(b) 
Circulation plan. This plan shall show access streets and street names, acceleration/deceleration lanes, curbs, aisles and lanes, access points to public streets, sight triangles, traffic channelization, easements, fire lanes, driveways, number and location of parking spaces (including bicycle racks) and loading spaces, pedestrian walks, bikeways and all related facilities for the movement and storage of goods, vehicles and persons on the site and including lights, lighting standards, signs and driveways within the tract and within 100 feet of the tract. Sidewalks shall be shown from each building entrance/exit along expected paths of pedestrian travel, such as but not limited to access to parking lots, driveways, other buildings on-site and across common yard areas between buildings. Plans shall be accompanied by cross sections of new streets, aisles, lanes, driveways, sidewalks and bikeways. Any expansion plans for the proposed use shall show feasible parking and loading to accompany the building expansion.
(c) 
Natural resources and landscaping plan. [For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 335-77K(3)]. This plan shall show one-hundred-year flood hazard areas, wetlands, wetland transition areas, wooded areas, buffer areas, including the intended screening devices, seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees and other landscaping features. These plans shall show the location and type of man-made improvements, including the location, number, species and caliper of new plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be planted utilizing combinations such as shrubbery, lawn area, ground cover, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control and floodplain regulations in Article V, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
(d) 
Facilities plan. This plan shall show the existing and proposed locations of all drainage and stormwater runoff; open space; recreation areas; common property; fire hydrants, gas, electric, telephone, cable television, sanitary and storm sewers and water line locations; satellite and radio antenna locations, if any; and solid waste collection and disposal methods, including compliance with the recycling requirements. Drainage facilities shall include facilities to comply with the stormwater runoff provisions in Article V. The method of sewage treatment and solid waste disposal shall be shown. The proposed grades, sizes, capacities and materials to be used for facilities installed by the developer shall be included. Installations by utility companies need only show their locations on the plat. All public services shall be connected to an approved public system. All easements acquired or required on tract and off-tract shall be shown, and copies of legal documentation that support the granting of an easement by the owner of an off tract lot shall be included. All proposed lighting shall be shown, including the location of each type of fixture and the details of each fixture including its height and the method of shielding the light source and avoiding off-site spillage of light.
(e) 
Flood hazard area. Any development containing a flood hazard area shall comply with the floodplain regulations (Article V). No building, material or similar site improvement shall be placed in a flood hazard area, except in accordance with a permit that may be issued by the New Jersey Department of Environmental Protection, Division of Water Resources. Primary consideration shall be given to preserving the floodway so as to assure maximum capacity for the passage of flood flows without aggravating flood conditions upstream and downstream.
(3) 
A site plan for construction of a condominium development shall have all block and lot numbers included in accordance with numbers assigned by the Borough Tax Assessor and shall follow the procedure for preliminary subdivision plats in § 335-32C(17).
D. 
Final site plan plat. The plat shall follow preliminary site plan requirements and shall include all changes required as a condition of preliminary approval.