Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
A preliminary submission is required of all subdivisions classified as major subdivisions and of all development proposals requiring site plan review.
[Ord. #585, § 708]
[Ord. #585, § 708A; Ord. #760, § 53A; Ord. #1103, § 43]
a. 
Submit to the Board Secretary 18 copies of the application package, including the completed application form, plans and support documents in accordance with Subsections 21-54.3 through 21-54.5 below; 24 copies of the project report and environmental impact assessment in accordance with Subsection 21-54.6 below; and the fee in accordance with Section 21-58 of this chapter. The Board Secretary shall assign an application number, and such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the application. The Board shall certify the application as complete or notify the applicant, in writing, of any deficiencies within 45 days of the submission. If the application has been found to be incomplete, the applicant may submit an appropriately revised application as in the first instance.
[Ord. #1456, 4-10-2001, amended; Ord. #1429, 5-29-2001, amended]
b. 
The appropriate Board Secretary shall forward two copies of the submission to the County Planning Board for review and action.
c. 
Additional copies of the submission may be requested from the applicant to be forwarded to other individuals, offices and agencies for information, review and comment.
[Ord. #585, § 708B]
a. 
A portion of land within a PRD which has received conceptual approval may receive preliminary and final approval from the Board.
b. 
The application shall meet the requirements of Section 21-53 and shall incorporate by reference the approved conceptual plan.
c. 
The approval shall be subject to such conditions as the Board deems necessary to ensure that development will occur in accordance with all aspects of the approved conceptual plan.
[Ord. #585, § 708C; Ord. #1357, 6-29-1999, amended]
a. 
Each submission shall be at a minimum scale of one inch equals 30 feet for a tract up to 40 acres in size; and one inch equals 50 feet for a tract over 40 acres in size. Each submission shall be on one of the following standard sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches unless an alternate sheet size is approved by the Township Engineer. If one sheet is not sufficient to contain the entire tract, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheets of the adjoining sheet.
b. 
The application shall be submitted in bound sets of drawings. Each set of drawings shall be broken down according to the following criteria:
1. 
Title sheet.
2. 
Site survey and layout plan.
3. 
Tree identification plan.
4. 
Clearing, grading and drainage plan.
5. 
Landscape plan.
6. 
Lighting, signing and striping plan.
7. 
Erosion and sedimentation control plan.
8. 
Utilities plan.
9. 
Building plans and elevation.
10. 
Township standard details.
11. 
Public Improvement Construction Documents. Two sets of construction plans (and specifications) shall be submitted as separate documents in addition to being part of the complete submission. Drawings shall be at a scale of one inch equals 30 feet, in the format set forth in Subsection 21-54.3. The degree of completeness required at the time of preliminary submission will depend upon the implementation schedule. If the applicant plans to construct public improvements prior to submission for final approval, the plans should show sufficient detail to allow a thorough engineering review. If, however, the applicant does not plan to construct the improvements prior to submission for final approval, the plans may be graphical, giving typical sections, center line geometry, typical details, limits of construction, general drainage structures, etc.
[Ord. #585, § 708D; Ord. #641; Ord. #1103, § 45; Ord. #1357, 6-29-1999, amended; Ord. #1429, 5-29-2001, amended]
a. 
The submission shall include the following (A checklist is attached as Appendix B, Article III, at the end of this chapter.) The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. However, the need for such additional information shall not affect the determination of the completeness of the submission of the application for development.
1. 
A completed application form and checklist(s). If the application involves a wireless telecommunications tower and/or antennas, all items listed on the Wireless Telecommunications Facilities Checklist must be also be submitted.
2. 
A certificate from the Tax Collector indicating that taxes are paid.
3. 
All required application and escrow deposit fees.
4. 
Names and addresses of property owners within 200 feet of the subject property, as disclosed by current tax records and identified by block and lot numbers.
5. 
Title block indicating:
(a) 
Name of development and street location.
(b) 
Name and address of applicant, owner and authorized agent, if any.
(c) 
Name and address of professional(s) preparing plans, including signature, date, license number and seal.
(d) 
Tax Map block and lot numbers.
(e) 
Date of plan preparation and revision box with date of each revision.
(f) 
Development application number.
(g) 
Written and graphic scale.
6. 
Signature of applicant and, if applicant is not the owner, signed consent of the owner.
7. 
Name and address of the attorney representing parties, if any, and the name of each client represented.
8. 
Signature blocks as required by the Map Filing Law.
9. 
North arrow giving reference meridian.
10. 
Copies of any protective covenants or deed restrictions applying to the subject property, including a statement as to whether such covenants or deeds are of record. A copy or abstract of the deed or deeds or other instruments by which title is derived with the names of all owners must also be provided.
11. 
A key map showing the entire tract and its relation to the surrounding areas, including all roads, zone boundaries and municipal boundaries within 1/2 mile of the subject property at a scale of one inch equals not more than 2,000 feet.
12. 
A zoning schedule indicating the zone(s) within which the property is located and required, existing and proposed conditions relative to lot area, width, frontage, yard setbacks, lot coverage, height, floor area, floor area ratio, density, open space, parking, loading, signs, etc.
13. 
A list of required and obtained regulatory approvals and permits.
14. 
A list of requested variances and exceptions.
[Ord. #1928, 2-27-2007, § 17, amended]
15. 
The location and dimensions of existing and proposed property lines, existing streets, streets shown on the Township's Official Map or Master Plan, structures (indicating the use of each structure and whether existing structures will remain or be removed), building setbacks, rights-of-way, easements, parking and loading areas, driveways, railroads, bridges, culverts, drain pipes, gas transmission lines, overhead utilities, historic sites/structures, wooded areas, watercourses, floodplains, wetlands or other environmentally sensitive areas on and within 200 feet of the subject property.
16. 
A wetlands delineation or wetlands absence determination prepared by a qualified consultant and verified by a letter of interpretation from the New Jersey Department of Environmental Protection, if required pursuant to Subsection 21-14.1a.
17. 
Plans and profiles of proposed utility layouts, including water supply, sewage disposal, stormwater drainage, gas, telephone and electricity, showing feasible connections to existing or proposed systems. Plans for individual water supply and/or sewage disposal systems must comply with local, county and state regulations. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy is required. When individual on-site water supply or sewage disposal is proposed, the system shall be designed in accordance with Article IV and shall be accompanied by the necessary approvals.
[Ord. #1928, 2-27-2007, § 17, amended]
18. 
The locations of percolation tests on each existing/proposed lot and a copy of the written approval of the tests and locations from the Bernards Township Health Department, if sewage disposal is to be handled by individual septic system(s). For each lot, the applicant shall submit test locations and written approvals from the Health Department for both a primary and secondary septic disposal field. The applicant must show on the development plan the locations and dimensions of both septic disposal fields.
[Ord. #1857, 3-14-2006, amended]
19. 
All means of vehicular and pedestrian access to the site from public streets, including locations and dimensions of driveways and curb cuts and any traffic signs, signals, channelization, acceleration and deceleration lanes or other traffic control devices.
20. 
Site identification sign and street sign locations and details.
21. 
Existing and proposed topographic contour intervals based on U.S.C. & G.S. datum on and within 200 feet of the subject property as follows:
(a) 
Up to 3% grade = one-foot intervals.
(b) 
Over 3% grade = two-foot intervals
22. 
A steep slope map in accordance with Subsection 21-14.2.b, if the property contains any existing slopes of 15% or greater.
23. 
Spot and finished elevations at all property corners.
24. 
A tree identification plan and an application for tree removal permit, including the following (See Subsection 21-45.3 for details.):
(a) 
Location of existing tree canopy and labeling of the canopy areas to be removed and to be preserved.
(b) 
Location of individual trees with a DBH equal to or greater than six inches, identified by size and species within the limit of disturbance and 30 feet beyond the limit of disturbance, labeled to be removed or to be preserved.
(c) 
Location of individual trees with a DBH equal to or greater than 10 inches, identified by size and species within the property boundaries, labeled to be removed or to be preserved.
(d) 
Tree protection details.
(e) 
A list of all trees to be removed and, if replacement trees are required, a schedule in accordance with the table in Subsection 21-45.1 indicating the number of replacement trees required and the number of replacement trees proposed.
25. 
A lighting plan in accordance with Section 21-41, including the location, type, height, graphic details and specifications of all existing and proposed lighting. The plan shall show the proposed illumination in footcandle values throughout the site and shall identify the average maintained horizontal illumination in vehicular areas and in sidewalk areas.
26. 
A soil erosion and sediment control plan, if required pursuant to Section 21-27.
27. 
A solid waste management plan and a recycling plan, including locations and details of outdoor refuse and recycling storage areas and means of screening, in accordance with Sections 21-40 and 21-40A.
[Ord. #1989, 11-27-2007, Part II, amended]
28. 
Plans and profiles of proposed driveways.
29. 
Plans, typical cross sections, center line profiles, tentative grades, curb radii and details of all streets on the site or off the site which are proposed to be improved, including curbing, sidewalks and drainage structures.
30. 
Construction details in accordance with Township standards.
31. 
Existing and proposed easements or land reserved for or dedicated to public use, utility use or for the common use of property owners in the development, including a statement of the limits and purpose of the easement rights or dedicated land.
32. 
Existing and proposed sight triangles.
33. 
Development staging plans.
34. 
Existing and proposed block and lot numbers.
35. 
The area in square feet and to the nearest tenth of an acre of all existing and proposed lots.
36. 
A sketch of the proposed or possible layout or disposition of remaining lands, if any.
37. 
General soil information, including soil logs.
38. 
Source and date of the current property survey and a copy of the survey showing all existing tract boundary or lot lines with lengths of courses to hundredths of a foot and bearings to half minutes, the error of closure not to exceed one to 10,000. The tract boundary or lot lines shall be clearly delineated. All bearings shall be in the New Jersey Plane Coordinate System, with coordinates shown on at least three corners.
39. 
Appropriate certification blocks as required by the Map Filing Law.
40. 
Monumentation as specified by the Map Filing Law.
41. 
Metes and bounds description showing dimensions, bearings, curve data, length of tangents, radii, arcs, chords and central angles for all center lines and rights-of-way and center line curves on streets.
42. 
Plans and computations for any storm drainage systems, including the following:
(a) 
The size, profile and direction of flow of all existing and proposed storm sewer lines within or adjacent to the tract and the location of each catch basin, inlet, manhole, culvert and headwall with the invert elevations of each.
(b) 
The location and extent of any proposed dry wells, groundwater recharge basins, detention basins or other water or soil conservation devices.
(c) 
Existing and proposed drainage area maps.
43. 
When a stream is proposed for alteration, improvement or relocation or when a drainage structure or fill is proposed over, under, in or along a running stream, intermittent stream, swale or drainageway, evidence of approval or of the request for approval, required modifications or lack of jurisdiction over the improvement by the New Jersey Department of Environmental Protection shall accompany the application. In addition, the following documentation shall be submitted to the Township:
(a) 
Cross sections of watercourses and/or drainage swales to scale showing the extent of floodplain, top of bank, normal water levels and bottom elevations at the following locations:
(1) 
At any point where a watercourse crosses a boundary of the tract.
(2) 
At fifty-foot intervals for a distance of 300 feet upstream and downstream of any point of juncture of two or more watercourses within the tract and within 1,000 feet downstream of the tract.
(3) 
At a maximum of five-hundred-foot intervals, but not less than two locations, along each watercourse which runs through the tract or within 200 feet of the tract.
(b) 
The delineation of the floodway, flood hazard and wetland areas and associated transition areas within and adjacent to the tract.
(c) 
The total acreage in the drainage basin of any watercourse running through or adjacent to the tract in the area upstream of the tract.
(d) 
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in the tract which drains to the structure.
(e) 
The location and extent of any existing and proposed drainage and conservation easements and of stream encroachment lines.
(f) 
The location, extent and water level elevation of all existing or proposed lakes or ponds within and adjacent to the tract.
44. 
When ditches, streams or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.
45. 
Proposed shade trees, screening, buffering and, in the case of site plans, landscaping, shown on a separate landscaping plan. The landscaping plan shall be prepared in accordance with the following requirements.
(a) 
The landscape plan shall be prepared by a professional in the field, such as a professional landscape architect as defined by the American Society of Landscape Architects.
(b) 
The landscape plan shall be based upon the topographic and tree survey as required in this article.
(c) 
The plan shall identify and describe each type of intended landscape treatment and shall clearly state the objective of each such treatment and the condition in which the item(s) or area(s) are to be maintained.
(d) 
The plan shall show;
(1) 
Existing vegetation and whether or not it will remain.
(2) 
Existing individual trees in excess of six inches DBH, identified by species and showing the approximate drip lines.
(3) 
Contiguous stands of trees with intergrown crowns which will be preserved.
[a] 
Existing individual trees in excess of 10 inches DBH or contiguous stands of trees with intergrown crowns which will be cut down.
(4) 
Existing and proposed contours and site clearance and grading limits.
(5) 
Limits of excavation, haul roads, stockpile areas, staging areas and the temporary and ultimate landscaping of each.
(6) 
Areas with special soils or slope conditions (existing and/or proposed).
(7) 
Specifications for proposed topsoiling, seeding, soil amendment and mulching.
(8) 
Proposed planting schedule:
[a] 
Proposed plantings shall be shown on the landscape plan by symbols appropriately scaled to represent the sizes at the time of planting (beds shall be shown in outline).
[b] 
A schedule shall be provided giving scientific and common plant names (re: Standard Plant Names, J. Horace McFarland Co., publishers), sizes at the time of planting (American Association of Nurserymen increments), quantities of each kind of plant and proposed planting dates.
(9) 
For site plans, the plan shall show paths, steps, handrails, lighting, signs, site furniture and play equipment, mailboxes, refuse storage devices, fences, retaining walls, surface drainage courses and inlets and utilities to be located at or above ground.
(10) 
Details, cross sections, materials, surface and finished grade elevations as necessary for review and evaluation by the Board.
(11) 
Notes regarding special maintenance requirements during the period of establishment and the limits of any such special maintenance areas.
(12) 
Notes regarding permanent or temporary site maintenance commitments.
(13) 
If soil is to be removed or brought to the site, the quantity, method of transportation and steps to be taken to protect public streets shall be described.
46. 
For a site plan, preliminary elevations and plans of all buildings and structures, showing windows, doors, architectural treatment, roof treatment, roof appurtenances and screening, floor elevations and proposed methods of energy conservation and the locations, dimension and legend(s) of all proposed signs. The Board may request that architectural renderings of the building(s) and sign(s) be provided to show and document the proposed architectural treatment. For a subdivision, the approximate basement and first floor elevation for each house.
47. 
Delineations of existing and proposed stream buffer conservation areas and stream buffer management plans, if required pursuant to Subsection 21-14.4b.
[Ord. #1504, 11-8-2001, added]
48. 
A plan showing all the details required in the procedures of Table 401-A, entitled Maximum Permitted Lot Yield and Minimum Improvable Lot Area Standards, Residential Development, R-1 Through R-7 Zones.
[Ord. #1870, 5-9-2006, added]
49. 
For each proposed dwelling, cross sections shall be provided from the center of the road to the rear of the house in existing and proposed conditions; cross sections shall be provided perpendicular to the road through the center of the dwelling to a point 50 feet to the rear of the dwelling; the cross section shall be provided at a scale of one inch equals 10 feet horizontal and one inch equals 10 feet vertical.
[Ord. #1945, 6-12-2007, added]
50. 
A fire service plan showing on a separate plan sheet(s) information relating to fire safety and emergency response, including: existing and proposed water lines, Fire Department connections, hydrants and cisterns; widths and turning radii of streets, driveways, parking aisles, emergency access roads and fire lanes; public building entrances; parking spaces; and stormwater drainage basins.
[Ord. #2324, 10-27-2015, added]
[Ord. #585, § 708E]
Any corporation or partnership applying for permission to subdivide a parcel of land into six or more lots or applying for a variance to construct a multifamily dwelling of 25 or more units or applying for approval of a site to be used for commercial purposes shall submit to the Board a list of 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 another corporation or partnership owns 10% or more of the stock of the applicant corporation, or 10% or greater interest in the applicant partnership, as the case may be, that corporation or partnership shall list the names and addresses of its stockholders or individual partners holding 10% or more of its stock or 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners exceeding the 10% ownership criterion have been listed.
[Ord. #585, § 708F; Ord. #1429, 5-29-2001, amended]
Each application not classified as a minor subdivision shall be accompanied by a project report. This report shall include the various items listed hereafter and shall be accompanied by the necessary maps, exhibits, etc. Where maps or exhibits have been submitted to fulfill the requirements of Subsection 21-54.4 above, they may be referenced in the project report.
a. 
Project Description and Statistics Report. A written statement describing the application, the intended use, the total area of land involved, any transfers of development rights, the total floor area proposed, a schedule comparing the minimum requirements for parking and coverage set forth in this chapter with the proposed development, and including, as well:
1. 
A report describing the number of residential units by type to be constructed.
2. 
The anticipated sales price of each unit type.
3. 
The acreage of open space.
4. 
The square footage of nonresidential construction and its value.
5. 
The anticipated age characteristics of the population in the following categories:
(a) 
Preschool: 0 to 6 years.
(b) 
Elementary school children: 6 to 12 years.
(c) 
Secondary school children: 13 to 18 years.
(d) 
Young adults: 19 to 35 years.
(e) 
Primary adults: 36 to 54 years.
(f) 
Mature adults: 55+ years.
6. 
The relationship of the proposed development to the Township's Master Plan and the location of any parks, playgrounds, school sites, open space or other public areas which are so designated on the Master Plan or Official Map of the Township and which lie within the area proposed to be developed.
b. 
Land classification map and report containing the following:
1. 
Environmentally restricted lands as defined in Article II of this chapter.
2. 
Restricted lands as defined in Article II of this chapter.
3. 
Unrestricted lands as defined in Article II of this chapter.
4. 
A slope map of the site with minimum contour intervals of five feet, showing the following gradients:
(a) 
Twenty-five percent or greater.
(b) 
Fifteen percent to 25%.
(c) 
Ten percent to 15%.
(d) 
Zero percent to 10%.
5. 
A soils map based on soil conservation data and/or developed from detailed on-site testings. If the latter method is utilized, a detailed description with supporting documentation shall be submitted.
6. 
A vegetation and special features map showing all woodlands, individual trees in excess of six inches DBH, significant tree masses, existing buildings, roads and trails, and flowing streams, drainageways and ponds.
c. 
A Natural Features Report. This report shall include:
1. 
A report summarizing the natural features and constraints of the site as related to the proposed land development.
2. 
The number of acres and the percent of the total site each classification enumerated represents.
3. 
A determination of how the site planning for the site has integrated the natural features in order to minimize adverse impacts on the natural systems, and how areas for common open space were selected to minimize such impacts.
4. 
An identification of unavoidable adverse impacts (if any) and the steps to be taken to minimize those impacts.
5. 
Data on landscaping, including a vegetation map showing tree and ground cover existing on the site as compared with that proposed.
[Ord. #1357, 6-29-1999, added]
d. 
Open Space Plan and Report. This submission shall include the following:
1. 
An Open Space Plan. This shall consist of a map showing all areas of the site to be designated as open space and the designations of each area according to its potential use: active recreation, passive recreation or environmental protection. The map shall also show the size of each of the designated areas in acres and its percentage relationship to the site as a whole. It shall show all proposed buildings, facilities or other forms of development in such open space.
2. 
An Open Space Report. This report shall include:
(a) 
An evaluation of the open space plan and how it relates to the Township's standards for open space and how the plan is integrated into the overall development plan as well as its relationship to both the pedestrian and vehicular circulation plan and how it integrates those identified sensitive areas in the natural resources inventory.
(b) 
A statement relating the open space plan to any existing or proposed Township open space and/or recreational facilities.
(c) 
A description of the form of organization proposed to own and maintain the common open space; a substantive representation of the master deed, where applicable; summaries of the substance of covenants relating to the open space itself and to the maintenance organization; and an estimated schedule of fees to be charged.
e. 
Land Coverage and Drainage Plan Report. This submission shall include the following:
1. 
All parts of the site which will be covered by paving, building roofs or other impervious cover. Each category shall be denoted on the map legend as to the number of acres involved and the percent of the total site it represents.
2. 
All parts of the site in which tree cover shall be altered and, in the map legend, the acres to be altered and a notation as to the percentage this represents of the total treed area of the site.
3. 
The subdrainage areas of the site and the points at which storm drainage leaves the site. This shall be performed for the site prior to as well as after improvement. The acreage of each area shall be noted in the map legend.
4. 
All drainage improvements, including retention/detention ponds and basins, dams, major drainage swales, culverts and stormwater pipes in excess of six inches in diameter.
5. 
A drainage impact evaluation defining the current stormwater discharge on the unimproved site by drainage area and for the total site for a one-hundred-year storm of twenty-four-hour duration, using Somerset County procedures; the acres in cover types (i.e., trees, lawn, impervious) after improvement; the stormwater discharge after improvements; the total increase in stormwater drainage for the total site, as well as for each of its subdrainage areas; and a description of all improvements proposed to control the additional stormwater discharge to meet the Township's standards such that improvement of the land shall not increase peak runoff over that which presently exists. If alternate standards, methods and factors are utilized, they must be in addition to those required and shall include a clear, concise explanation in the report submitted.
f. 
Erosion and Sedimentation Control Plan and Report. This submission shall include the following:
1. 
Calculations of the estimated soil loss from the site in an unimproved state, and calculations of the estimated soil loss during construction based upon Soil Conservation Service data or alternate data acceptable to the Board.
2. 
A plan showing the general location of any structure or device that is intended to minimize soil erosion and control sedimentation.
3. 
An Erosion and Sedimentation Control Report. This report shall include:
(a) 
A clear, concise explanation of structures, devices and techniques to be utilized during and after construction to minimize soil erosion and control sedimentation.
(b) 
An evaluation of the effectiveness of the proposals.
g. 
Sewer and Water Plan and Report. This submission shall include the following:
1. 
A Sewer and Water Plan. This shall consist of a map showing the proposed location of major collection and distribution lines serving the proposed development, how and where these lines will tie into existing sewer and water systems, or, the location of an on-site sewage disposal facility or water processing facility (if applicable).
2. 
A Sewer and Water Report. This shall include:
(a) 
An explanation of plans to tie into existing sewer or water facilities and information on the status of efforts to have such tie-ins approved by the appropriate authorities; a description of any proposed sewage treatment and water processing facilities to be built on the site. Where a federal, state, county, or regional agency must approve any such facility before it can be built, a copy of the application to each such agency should also be submitted along with an outline of all approvals by non-Township agencies which are required for the erection and operation of such a plant.
(b) 
Calculations of water demands and sewage generation resulting from the proposed development.
(c) 
A statement of existing sewer and/or water systems to determine their capacity, documented by a letter from appropriate agency. This evaluation shall state the capacities, if any, of existing systems and relate these capacities to projected demands and generations to determine what, if any, adverse impacts are to be expected.
(d) 
If the projected sewage generation and/or water demand will exceed the identified capacities of the available systems, then a detailed report describing what improvements shall be implemented to provide the necessary sewerage and/or water for the project.
(e) 
If an independent, on-site, interim sewage treatment facility is proposed, then a description and analysis of the projected quality of the water discharged from the system and an analysis of the impact of that discharge on any stream or underground aquifer likely to be affected by it, together with a description of how the applicable requirements of Article IV will be complied with.
[Ord. #1928, 2-27-2007, § 18, amended]
(f) 
Data and methods for calculating sewage generation and water demand for the capacity/demand evaluation.
h. 
Circulation Plan and Traffic Report. This submission shall include the following:
1. 
A Circulation Plan. This shall consist of a map showing streets, roads, parking areas and pedestrian/bicycle pathways. The cartway and right-of-way width for all streets, roads and pathways shall be shown on the map. The dimension and capacities of parking areas shall also be shown on the map. The map shall also show landscaped areas in or immediately adjacent to any part of the proposed circulation system.
2. 
A Circulation and Traffic Report. This report shall include:
(a) 
An evaluation of the internal circulation plan and how it relates to the anticipated traffic volumes, how layout relates to the terrain, and any proposed deviation from the standards of this chapter.
(b) 
An evaluation of the external circulation systems and the impacts of the traffic to be generated by the proposed development.
(c) 
A designation as to what intersection(s) the generated traffic will affect. If traffic is projected to flow to more than one intersection, then a traffic study performed by a professional engineer, indicating the flows of the anticipated traffic to the multiple intersections shall be undertaken. This study shall clearly and concisely define the standards and methods utilized to document this analysis.
(d) 
Calculations of the number of motor vehicle trips expected to enter and leave the site for the peak hour (PHT) and on a daily basis (ADT), and the number of trucks.
(e) 
Calculation and analysis of the impact of the traffic to be generated by the development on the identified intersections.
(f) 
Data, methods and factors for calculating traffic generation for the capacity/demand evaluation.
(g) 
A description of the adverse impacts, and steps to be taken to minimize these impacts.
i. 
Utilities Plan and Report. This submission shall include the following:
1. 
A map showing any and all easements and lands subject to covenants for the purpose of providing natural gas, electricity, oil, telephone or CATV.
(a) 
A portion of the submission may be shown as a separate map or may be included as part of the sewer and water plan submission (Paragraph g).
(b) 
A typical cross section of the common utility easement and trench, if applicable, shall be shown on the utilities plan.
2. 
A Utilities Report. This report shall include:
(a) 
Arrangements and written statements from each utility company or distribution service serving the area stating its ability to provide the service or commodity in the quantity necessary to adequately service the development.
(b) 
A written statement from all utilities willing to share a common easement.
j. 
Development Schedule Plan. If project construction is extended over more than one year, a map showing the location of the first phase of the development and the anticipated location of each successive phase shall be submitted and shall include:
1. 
The number by type of dwelling units and, where applicable, other uses, indicating gross leasable areas for each type of use in each phase.
2. 
The amount and location of open space.
3. 
The location and type of community structures and facilities.
4. 
The location of all public improvements or other improvements necessary to completely define the development plan.
k. 
Variances and Exceptions. This report shall describe any exceptions requested from the regulations of Article V and any variances applied for from the requirements of Article IV of this chapter. For each exception or variance request, detailed substantiation shall be submitted.
[Ord. #1928, 2-27-2007, § 18, amended]
l. 
Easements and Covenants. This report shall contain the substance of any easements or covenants to be imposed upon the use of the land, structures or other improvements within the development which are not presented elsewhere in the application.
m. 
Township Environmental Impact Assessment. The reports described in Paragraphs a through l may be submitted separately or as part of the Township environmental impact assessment. The applicant is encouraged to submit each report as a separate chapter in the environmental impact assessment and, as a final chapter, present the information described in Subparagraphs 3 and 4 below. If this procedure is used, repetitious information described below may be deleted if no loss in clarity or continuity occurs.
1. 
The Board shall require for all development plans (other than a minor subdivision) that an environmental impact assessment be submitted as set forth in this article. This requirement shall also apply to all public or quasi-public projects unless such are exempt from the requirements of local law by supervening county, state or federal law. The Board may, at the request of the applicant, waive the foregoing requirement if sufficient evidence is submitted to support a conclusion that the proposed application will have a slight or negligible environmental impact. Portions of the foregoing requirement may also be waived upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular application.
2. 
Filing Requirements. The environmental impact assessment requirements of this chapter cover the most complex cases and the entire contents may not be applicable to less complex projects. Therefore, an outline with discussion shall be submitted to the Board prior to the preparation of an environmental impact assessment. The outline will address briefly the items described in Subparagraphs 3 and 4 below and discuss which of these items are environmentally significant with regard to the proposed project. The discussion shall describe the depth of study for these items and how their environmental impacts will be evaluated. Additionally, those items upon which the proposed project will have insignificant or no environmental impact shall also be discussed with the request that such items need not be addressed in the environmental impact assessment.
The approval of the outline does not relieve the applicant from the responsibility for evaluating additional areas of potential environmental impact which may be revealed during the review of the environmental impact assessment, nor does it prevent the Board from requesting the inclusion of additional items as necessary at a later date.
An environmental impact assessment shall be submitted prior to the issuance of soil removal permits and prior to preliminary approval of all development plans but shall not be required for a minor subdivision.
3. 
Contents. The environmental impact assessment shall include the following:
(a) 
Plan and Description of the Development Plan. A description, complete with site plans, which shall specify the purpose of the proposed project, including products and services, if any, being provided, the regional, municipal and neighborhood setting, including buildings, roads, grading and regrading, adjacent natural streams and utility lines.
(b) 
Inventory of Existing Natural Resources. An inventory of existing natural resources at the site and in the affected region which shall describe air quality, water quality, geological character, soil characteristics, land form, hydrological features, wildlife, aquatic organisms, noise characteristics and levels, land use, history and archaeology. The inventory shall be referenced to applicable subject matter in the Township Natural Resources Inventory. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey and soils shall be described with reference to the Somerset County Soil Survey and the criteria contained in the Somerset-Union Soil Conservation District Standards and Specifications.
(c) 
Assessment of Environmental Impact. An assessment supported by environmental data of the environmental impact of the project upon the factors described in Subparagraph 3(b) above. It shall also include an evaluation of: water use and depletion; the effects of projected liquid and solid wastes on quality and quantity of surface and ground water; air quality; traffic; and aquatic and terrestrial wildlife. The assessment shall also include an evaluation of the loss of open space and the social and economic effects on the community, including schools, parks, roads, police, fire, etc.
(d) 
Unavoidable Adverse Environmental Impacts. A discussion of any adverse environmental impacts and damages to natural resources which cannot be avoided with particular emphasis upon: air or water pollution; damage to plants, trees or wildlife systems; displacement of existing farms; and increase in sedimentation and siltation.
(e) 
Steps to Minimize Environmental Damage. A description of steps to be taken to minimize adverse environmental impacts during construction, operation and completion both at the project site and in the affected region. Such description is to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
(f) 
Alternatives. A discussion of alternatives to the proposed project which might avoid some or all of the adverse environmental effects. The discussion should include the reasons for the acceptability or nonacceptability of each alternative.
4. 
Details and Matters to Be Evaluated.
(a) 
Sewerage Facilities. A description of the sewerage facilities that will be utilized including the following:
(1) 
If disposal is to be on-site: data on underlying geology, water table, depth to bedrock, soils analysis and soil stratification for every sewage disposal site; topography, location and depth of aquifers and depth, capacity, type of construction and location of all wells which have been recorded or can be obtained from interviews with adjacent property owners within 500 feet of the site; soil logs and percolation tests for each disposal site as witnessed by the Health Officer; and any other pertinent data.
(2) 
If sewage disposal will utilize an interim on-site treatment facility: documentation as to methodology, quality of effluent and status of approvals in addition to the data.
(3) 
If disposal is to be off-site: projected sewage discharges stated in average daily flows (gallons per day) for the initial phase of development and five-year projections of same for each of the following land use categories: residential discharges and industrial/commercial discharges. Industrial/commercial discharges shall be described as follows: type of process; projected daily flows; physical characteristics, including temperature; biological characteristics; and chemical characteristics, including description of toxic components.
(4) 
If treatment is to be by public facility: name of public facility, point of connection and description of interconnecting facilities.
(5) 
If project is to include treatment facilities discharging into a stream or watercourse in the Township: location of treatment facilities; receiving stream and data on stream classification; water quality; seven-day low flow at ten-year frequency; description of treatment facilities and proposed effluent quality; and evaluation of initial and future deleterious effects on use of stream for water supply, recreation and aquatic and terrestrial wildlife. Evaluation shall include projected effects of nutrients on downstream ponds and lakes.
(6) 
Compliance with all state and local health requirements.
(b) 
Water Supply. A description of the water supply that will be utilized, including the following:
(1) 
If supply is from on-site sources: location of water supply source(s); description of water supply facilities, including type, depth and pumping rates; location and depth of all private and public water supplies and septic systems within 500 feet of the proposed water sources; and geologic evaluation of subsurface conditions, including statements on the following:
Long-term evaluation of the adequacy of the supply to serve the project (in terms of both quantity and quality);
Evaluation of possible interference with existing private and public water supplies within the same aquifer, and
Evaluation of water table conditions and aquifer recharge capability.
(2) 
If supply is from public facilities off-site: name of public facility; point(s) of interconnection and description of interconnecting facilities; pressure requirements; and projected water usage stated in average daily usage (gallons per day), peak daily usage (gallons per day) and peak hourly usage (gallons per hour). Water usage shall also be projected for the initial phase of development and for five- and ten-year periods for each of the following:
Residential usage (excluding lawn sprinkling);
Lawn sprinkling irrigation;
Industrial/commercial usage (to include discharge to treatment facilities, discharge to streams without treatment and other uses); and
Fire protection requirements.
(3) 
Compliance with all state (including Department of Environmental Protection, Division of Water Resources) requirements and local health regulations.
(c) 
Stormwater. The following data and documentation:
(1) 
Peak rates and volumes of stormwater runoff from the undeveloped site and projected to be generated by the site after the proposed development including rates for ten-, fifteen-, twenty-five-, fifty- and one-hundred-year storm frequencies using Somerset County procedures.
(2) 
[1]Changes in peak rates and volumes of stormwater runoff and runoff coefficients expected to be caused by changes in land use and whether or not there will be any increased incidence of flooding caused by increased stormwater runoff due to the proposed project.
[1]
Editor's Note: Former Subparagraph m4(c)(2), concerning data on landscaping, was repealed by Ord. #1357, 6-29-1999. This ordinance also provided for the renumbering of former Subparagraphs m4(c)(3) through m4(c)(5) as Subparagraphs m4(c)(2) through m4(c)(4), respectively.
(3) 
Submission of plans showing the disposition of stormwater and attempts to delay the time of concentration by the use of detention basins or other acceptable methods.
(4) 
Submission of an erosion and sediment control plan in accordance with the requirements of Article IV.
[Ord. #1928, 2-27-2007, § 18, amended]
(d) 
Stream Encroachments. Evidence that a stream encroachment permit from the New Jersey Department of Environmental Protection, Division of Water Resources, for fill or diversion of a water channel, alteration of a stream, repair or construction of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing has been applied for and/or obtained, if applicable.
(e) 
Floodplains. Description of potential flood damage, including a summary of flood stages from the Flood Maps. (See Subsection 21-14.3.)
(f) 
Solid Waste Disposal. A plan for disposal by means of a facility operating in compliance with federal, state, regional, county and local requirements.
(g) 
Air Pollution. A description of any changes in air quality to be produced by the proposed development, including the amounts or degree of smoke, heat, odor or substances to be created and added to the atmosphere by heating, incineration and processing operations.
(h) 
Traffic. A determination of the present traffic volumes and capacities of the road(s) serving the project and the nearest major intersections, and the projected impacts of the completed project on them. Also, a determination of any additional air pollution and noise to be caused by traffic from the completed project.
(i) 
Social/Economic. Analysis is of the factors affecting the finances of the Township, including the estimated changes in tax receipts and fiscal outlay for municipal services; the estimated number and types of jobs to be provided; the number of school-age children to be produced; and any addition to existing municipal services which will be required by the project.
(j) 
Aesthetics. A discussion of how the natural or present character of the area will be changed as a result of the proposed action.
(k) 
Licenses, permits, etc. A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each.
(l) 
A copy of the development plan and application form.
[Ord. #585, § 708G; Ord. #1456, 4-10-2001, amended]
a. 
Except for the County Planning Board, all individuals, offices and agencies to which copies of the submission were forwarded shall submit their comments and recommendations to the Board within 14 days of their receipt of the submission. The Board Secretary shall distribute a copy of the environmental impact assessment to the Environmental Commission for its review and may also distribute copies of the report to such other governmental bodies and consultants as it may deem appropriate. Any comments and advisory reports resulting from such review shall be submitted to the Board within 30 days of the distribution of the environmental impact assessment to the Environmental Commission, other governmental body or consultant.
b. 
Upon the certification of the completeness of an application for a site plan involving 10 acres of land or less and 10 dwelling units or less or a subdivision containing 10 lots or less, the Board shall grant or deny preliminary approval within 45 days of the date of such certification or within such further time as may be consented to in writing by the applicant. Upon the certification of the completeness of an application for a site plan involving more than 10 acres or more than 10 dwelling units or a subdivision containing more than 10 lots, or whenever an application includes a request for conditional use approval or for relief pursuant to Subsection 21-47.1 of this chapter, the Board shall grant or deny preliminary approval within 95 days of the date of such certification or within such further time as may be consented to in writing by the applicant. Otherwise, the Board shall be deemed to have granted preliminary approval.
c. 
Upon the certification of the completeness of an application for a variance pursuant to N.J.S.A. 40:55D-70d involving a site plan, subdivision and/or conditional use approval pursuant to Subsection 21-47.1 of this chapter, the Zoning Board of Adjustment shall grant or deny preliminary approval within 120 days of the date of such certification or within such further time as may be consented to in writing by the applicant. Should the applicant elect to submit a separate application requesting approval of the variance and a subsequent application requesting approval of the site plan, subdivision and/or conditional use, the one-hundred-twenty-day period shall apply only to the application for approval of the variance and the time period for granting or denying the subsequent approval(s) shall be as otherwise provided in this chapter for approvals by the Board.
d. 
All hearings held on applications for preliminary approval shall require public notice of the hearing in accordance with Article III.
e. 
The recommendations of the County Planning Board and those of all other agencies and officials to whom the preliminary development plan is submitted for review shall be given careful consideration in the Board's decision on the application. If the County Planning Board or the Township Engineer approves the preliminary submission, such approval shall be noted on the development plan. If the Board acts favorably on the preliminary development plan, the Chairman and the Secretary of the Board (or the Acting Chairman and Secretary where either or both may be absent) shall affix their signatures to at least 10 copies and a reverse sepia of the development plan with a notation that it has been approved. The applicant shall furnish the copies and reverse sepia to the Board for signing.
f. 
Should minor revisions or additions to the development plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and the receipt of revised plans within 30 days from the approval. If the Board, after consideration and discussion of the preliminary development plan, determines that it is unacceptable or that major revisions are required, a notation to that effect shall be made on the development plan by the Chairman of the Board (or the Acting Chairman in his absence) and the resolution memorializing such action shall set forth the reasons for rejection. One copy of the development plan and the resolution shall be returned to the applicant within seven days of the date of decision. The Board shall reject the proposed project on an environmental basis only if it determines that the proposed project will result in significant long-term harm to the natural environment and/or has not been designed with a view toward the protection of natural resources.
[Ord #585, § 708H]
a. 
Resolution of Memorialization. The memorialization of the granting or denial of preliminary approval by written resolution shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial. The resolution of memorialization shall set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
1. 
Specific Findings. The Board shall make the following findings:
(a) 
In what respects the plan is or is not consistent with the Township Master Plan.
(b) 
To what degree the plan respects the natural features of the site. The Board shall take note of:
(1) 
The degree to which severely restricted lands have been encroached upon.
(2) 
The degree to which stands of trees have been respected. Particular emphasis will be directed toward the preservation and integration into the plan of prime or unique tree stands and specimen trees.
(3) 
The degree to which unique or sensitive natural features have been integrated into the common open space system to minimize adverse impact.
(c) 
Whether stormwater runoff has been controlled on the site to meet the Township standard that no additional peak runoff shall be discharged during a one-hundred-year storm of twenty-four-hour duration.
(d) 
Whether the sewage effluent generated by the development can be disposed of in a manner that will not exceed the capacities of public systems or, if an on-site or interim facility is to be utilized, whether the sewage effluent generated will degrade any flowing stream or underground water resource.
(e) 
To what degree potable water demands generated by the development can be met from existing public or private systems. If a new on-site system is proposed, whether or not it will meet the demands of the development.
(f) 
To what degree the internal circulation system is able to handle the traffic generated by the development. To what degree the existing external circulation system is capable of handling the traffic generated from the development.
(g) 
The extent to which the plan departs from the provisions of Articles IV and V otherwise applicable to the subject property, including but not limited to density, bulk and use and the reasons why such departures are or are not in the best public interest.
[Ord. #1928, 2-27-2007, § 19, amended]
(h) 
Whether the proposed open space system meets the standards of the Township and whether or not the proposals for maintenance and conservation of common open space is reliable, and whether or not the amount, location and purpose of the open space are adequate.
(i) 
Whether general utilities are available to meet the demands for the development.
(j) 
Whether the development program meets the guidelines of the Township's fair share housing allocation as defined in the Master Plan.
(k) 
To what degree the erosion and sedimentation control plan addresses the need to minimize on-site erosion and provides adequate sedimentation control to minimize off-site as well as on-site adverse impacts.
2. 
Additional Findings for Residential Cluster. When considering applications for approval of any of this form of development, the Board shall further consider:
(a) 
The physical design of the plan and the manner in which the design does or does not further the amenities of light and air, recreation and visual enjoyment.
(b) 
The relationship, beneficial or adverse, of the proposed development to the neighborhood in which it is to be established.
(c) 
In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of the development in the implementation of the plan as submitted.
3. 
Additional Findings for Planned Residential Development. When considering this form of development, the Board shall make the following findings of fact and conclusions:
[Ord. #1429, 5-29-2001, amended]
(a) 
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to this chapter.
(b) 
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space area adequate.
(c) 
That provision throughout the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(d) 
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(e) 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
b. 
Environmental Impacts. The steps to be taken to minimize adverse environmental impact during construction and operation [See Subsection 21-54.6, Subparagraph m3(f)] and the alternatives which may be approved by the Board [See Subsection 21-54.6, Subparagraph m3(g).] shall constitute conditions of the approval, together with such other conditions as the Board may impose. No certificate of occupancy shall be issued until compliance shall have been made with such conditions.
c. 
Timing of Applications for Final Approval. In the event a development plan is granted preliminary approval, with or without conditions, the Board shall set forth in the resolution of memorialization the maximum time period within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the sequence in which application for final approval of each part thereof shall be filed and the maximum time period within which all applications shall be filed. The resolution shall further set forth any specific drawings, specifications, covenants, easements and other information required to be included in the application for final approval in addition to those items set forth in Subsection 21-55.2. The resolution may also set forth the form of performance guaranty(s) to be submitted at the time of the application for final approval(s).
[Ord. #585, § 708I; Ord. #1103, § 46]
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
a. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including, but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements.
[Ord. #1928, 2-27-2007, § 20, amended]
b. 
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 development plan.
[Ord. #1928, 2-27-2007, § 20, amended]
c. 
That the applicant may apply for and the Board 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 provisions of Article V of this chapter have been revised, such revised provisions may govern.
[Ord. #1928, 2-27-2007, § 20, amended]
d. 
In the case of a subdivision or site plan involving 50 acres or more, the Board may grant the rights associated with preliminary approval for such period of time, longer than three years, as it shall deem reasonable considering the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may thereafter apply for and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable considering 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 any of the provisions of Article V of this chapter have been revised, such revised provisions may govern.
[Ord. #1928, 2-27-2007, § 20, amended]
e. 
Preliminary Approval Construction Rights. In the case of a subdivision or site plan, preliminary approval shall grant the right to the owner the ability to construct the roadways, drainage system, detention basins, utilities and other site improvements as shown on the approved preliminary subdivision or site plan. A performance bond for restoration of the site will be required as per Subsection 21-59.2. In the case of a subdivision, one building permit/certificate of occupancy may be granted if there are no other dwelling units on the property. Preliminary approval does not grant the right to the owner the ability to begin additional grading or tree removal outside the roadway right-of-way or outside any approved detention basins except for the construction of one dwelling, utilities or drainage, if necessary.
[Ord. #1357, 6-29-1999, amended]
[Ord. #585, § 708J]
The Secretary of the Board shall forward copies to each of the following within 10 days from the date of decision:
a. 
Applicant (2);
b. 
Township Engineer (2);
c. 
Construction Official or Zoning Officer (2);
d. 
Tax Assessor (1);
e. 
County Planning Board (1);
f. 
Health Officer (1).
[Ord. #1433, 12-26-2000, added; Ord. #1429, 5-29-2001, amended]
Prior to the issuance of any certificate of occupancy associated with an approved application, or prior to filing any map/deed (if the application does not involve new construction), the applicant shall submit to the Board Secretary digital copies of all maps, plans, documents and any other information submitted with the application. These digital copies shall be in the format(s) specified in Appendix A, Article VII, Digital Submission Standards, found at the end of this chapter.