[HISTORY: Adopted by the Township Council
of the Township of Pohatcong 12-14-1999 by Ord. No. 99-17. Amendments noted where
applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 45.
Uniform construction codes — See Ch. 112.
Critical geologic areas — See Ch. 115.
Environmental impact statement — See Ch. 140.
Flood damage prevention — See Ch. 146.
Off-tract improvements — See Ch. 199.
Site improvement standards — See Ch. 224.
Zoning — See Ch. 285.
This chapter shall be known as the "Pohatcong
Township Subdivision and Site Plan Review Ordinance of 1999."
These rules, regulations and standards for guiding
the subdivision and development of land within Pohatcong Township
have been promulgated to provide for the orderly growth and coordinated
development of the Township of Pohatcong and to assure and promote
the comfort, convenience, safety, public health and general welfare
of its people and, further, that the approval of such subdivisions
and site plans shall be administered in accordance with the following
considerations:
A.
Conformance with the various parts of the Master Plan, Chapter 285, Zoning, and the Official Map.
B.
Recognition of a desirable relationship to the general
land form, its topographic and geologic character, to natural drainage
and surface water runoff and to the groundwater table.
C.
Recognition of desirable standards of site design,
including adequate provision for pedestrian and vehicular traffic,
parking, loading, lighting, surface water runoff, utilities and for
suitable building sites for the land use contemplated.
D.
Provision for such facilities as are desirable adjuncts
to the contemplated use, such as parks, recreation areas, school sites,
firehouses and off-street parking.
E.
Preservation of such natural assets as ponds, streams,
shrubs and trees.
F.
Provisions for conservation of energy, the use of
renewable resources and recycling of designated recyclable materials.
The provisions of this chapter shall be administered by the Planning Board of the Township of Pohatcong in accordance with N.J.S.A. 40:55D-1 et seq., its amendments and supplements thereto, or the Board of Adjustment of the Township of Pohatcong where so authorized to act and as further defined in Chapter 45, Land Use Procedures, of the Pohatcong Township Code.
A.
In interpreting and applying the provisions of this
chapter, the standards contained herein shall be held to be the minimum
necessary requirements for the promotion of the public health, safety,
morals, convenience and general welfare.
B.
Where the provisions of this chapter impose greater
restrictions or higher standards than those of any statute, other
ordinance or regulation, the provisions of this chapter shall govern.
Where the provisions of any statute, other ordinance or regulation
impose greater restrictions or higher standards than this chapter,
the provisions of such statute, ordinance or regulation shall govern.
A.
Subdivision review and approval shall be required as a condition for the division of any lot, tract or parcel of land which constitutes a "subdivision" as defined in Chapter 123, Definitions, of the Pohatcong Code.
B.
Site plan review and approval shall be required as a condition for the issuance of a permit for any "development" as defined in Chapter 123, Definitions, of the Pohatcong Code, except that site plan review and approval shall not be required for those categories of development defined under "site plan, exempt" as defined in Chapter 123, Definitions.
A.
All applicants seeking subdivision or site plan approval
shall submit an application conforming with the requirements of this
chapter. Applicants seeking major subdivision or major site plan approval
are encouraged to submit a conceptual plan prior to submission of
a formal application.
B.
All applicants seeking subdivision or site plan approval
by the Planning Board or Board of Adjustment shall either be present,
personally, at the meeting at which any official action of the Board
is requested or shall be represented by an attorney duly authorized
to practice in the State of New Jersey. The presence of the applicant
or his attorney shall be considered a requirement with respect to
the completeness of any application. The failure of the applicant
to comply with this provision shall result in a determination by the
Board that the application is incomplete, and no official action shall
be taken.
C.
All corporations and partnerships shall be required
to be represented before the Planning Board by an attorney duly authorized
to practice in the State of New Jersey. In addition, corporate and
partnership applicants shall be required to submit a list of all parties
holding 10% or more interest in the corporation or partnership pursuant
to N.J.S.A. 40:55D-48.1. The failure of the applicant to comply with
this provision shall result in a determination by the Board that the
application is incomplete, and no official action shall be taken.
D.
If the applicant is not the owner of all the lands
affected by the application, the owner of such lands shall have endorsed
his consent to the making of the application and his approval of the
specific configuration of the lots and development shown on the plat
by having endorsed on the plat his signature and his approval of the
making of the application and of the plat submitted in support thereof.
The failure of the plat to contain this information shall result in
the application being deemed incomplete, and no official action by
the Board shall be taken.
E.
The applicant must submit proof from the Township
Tax Collector or other designated official that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of the application. Failure to submit this information
shall result in the application being deemed incomplete, and no official
action by the Board shall be taken.
F.
All subdivisions and site plans shall comply with the provisions of this chapter and the design standards in Chapter 224, Site Improvement Standards.
G.
The Planning Board may waive or grant exceptions from the plat requirements of this chapter or the design standards in Chapter 224, Site Improvement Standards, as may be reasonable and within the general purpose and intent of this chapter if their literal enforcement is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question and if the waiver can be granted without having a detrimental impact on public health, safety, or welfare.
B.
For any matter to be heard by the Planning Board,
the information shall have been received by the Planning Board Engineer
at least two weeks prior to the Planning Board meeting.
C.
The Planning Board Engineer shall, upon receipt of a subdivision application, review the application for completeness. If the application is found to be incomplete the Planning Board Engineer shall notify the applicant of the deficiencies in accordance with the provisions of Chapter 45, Land Use Procedures. If the application is determined to be complete or if waivers have been requested by the applicant on the completeness checklist, the Planning Board Engineer shall forward copies of the maps and supporting information, along with his report, to the Planning Board Secretary for distribution to the Planning Board members.
D.
The Planning Board shall classify the application
and act upon any waivers which have been requested by the applicant.
If waivers are not granted, then the applicant shall submit the additional
required information prior to the Planning Board conducting a technical
review of the application. If the waivers are granted and the application
is deemed complete, the Planning Board may proceed with the technical
review of the application.
E.
When a public hearing is required pursuant to Chapter 45, Land Use Procedures, the Planning Board shall schedule a date for such hearing, only after the application has been determined to be complete. The applicant shall be responsible for giving notice of the hearing in accordance with the statute; however, an applicant shall not advertise for a public hearing on any project until the application has been deemed complete by the Planning Board Engineer. At least one copy of all maps and supporting information shall be on file with the Township Clerk for public inspection in accordance with Chapter 45, Land Use Procedures.
F.
Whenever review and approval of the application is
required by the Warren County Planning Board, the Pohatcong Township
Planning Board shall condition any approval that it grants upon the
timely receipt of approval from the County Planning Board or approval
from the County Planning Board generated by its failure to act within
the time period allowed.
G.
The applicant shall be responsible for obtaining all
other agency permits necessary to construct the project. The Pohatcong
Township Planning Board may condition any approval that it grants
upon the receipt of approval from other agencies.
H.
The Planning Board may grant subdivision or site plan
approval subject to terms and conditions which ensure compliance with
all requirements of this chapter and any other applicable ordinances
of the Township. Where approval is granted subject to certain conditions,
the applicant shall in a timely manner make all necessary revisions
to the maps and supporting information and resubmit 10 copies. The
Planning Board Secretary shall, after signing by the Board Chairman
and Secretary, distribute one copy of the map to the Planning Board
Chairman, Planning Board Secretary, Planning Board Engineer (two copies),
Planning Board Attorney, Township Clerk, Zoning Officer, Building
Inspector, Tax Assessor and the applicant.
I.
A resolution memorializing the action taken by the Planning Board shall be prepared and approved by the Planning Board in accordance with the provisions of Chapter 45, Land Use Procedures. Copies of the resolution shall be forwarded to the Planning Board Chairman, Planning Board Secretary, Planning Board Engineer, Planning Board Attorney, Township Clerk, Zoning Officer, Building Inspector, Tax Assessor and the applicant.
A.
All plats, whether concept, minor, preliminary, final
or general development plans, shall be submitted on drawing sheet
sizes of either 8 1/2 by 13 inches, 15 by 21 inches, 24 by 36
inches or 30 by 42 inches.
B.
All roadway plan and profile sheets shall be 24 by
36 inches.
C.
Drawings shall be prepared at scales not to exceed
the following:
(1)
Concept plans: one inch equals 200 feet.
(2)
Minor subdivision, preliminary subdivision, final
subdivision, and general development plans: one inch equals 100 feet.
(3)
Minor site plan, preliminary site plan, final site
plan, roadway plan and profiles, grading, utilities, etc.: one inch
equals 50 feet horizontal and one inch equals five feet vertical.
D.
All drawings shall have a title block which shall
include the following information:
(1)
Name of subdivision.
(2)
Name, address and license of the professional person
who prepared the drawing.
(3)
The title concept plan, minor subdivision, preliminary
plat or final plat, as applicable.
(4)
Date of the drawing.
(5)
Drawing reference number.
(6)
Section number or phase, if applicable.
(7)
Scale of drawing.
E.
Drawings shall also include the following:
(1)
North arrow with reference meridian and graphic scale.
(2)
Date of original drawing and date and nature of all
subsequent revisions.
(3)
Name and address of the owner and the applicant.
(4)
Tax sheet, block and lot number(s).
(5)
Key map showing the subdivision site, zone district,
and its relation to surrounding areas, streets, highways and zone
district boundaries.
(6)
The following certifications shall be provided on
all plans, except concept plans:
|
I acknowledge that I am the owner of this tract
and do hereby consent to the filing of this map.
| |
|
_______________________
Owner's signature
| |
|
This plan has been approved by a resolution
of the Pohatcong Township Planning Board adopted at a meeting held
on _______________________.
(Date)
| |
|
________________________
Planning Board Chairman
| |
|
________________________
Planning Board Secretary
|
F.
All drawings shall be prepared by the appropriate
professionals pursuant to the requirements of N.J.A.C. 13:40-7.1 et
seq. entitled "Permissible Division of Responsibility in Submission
of Site Plans and Major Subdivision Plats."
G.
Preliminary and final subdivision and site plans and
general development plans shall have a title sheet showing the following
information:
(1)
Name and address of the owner and applicant.
(2)
Tax map sheet, block and lot number(s) and total area
of tract.
(3)
Zone district.
(4)
Area of section being subdivided, if applicable.
(5)
Area of tract within each zone district.
(6)
Number of proposed lots, residential units and nonresidential
building area and floor area.
(7)
Key map showing the subdivision site and its relationship
to the surrounding area, streets, zone districts and development phasing,
if applicable.
Concept subdivision and concept site plan requirements
shall be as follows:
A.
Tract boundary data based upon tax maps or deed information.
B.
Existing topography on and within 200 feet of the
tract, including roads, parking areas, streams, public areas, drainage
facilities and utilities.
C.
Existing contours at a sufficient interval to show
general landform on and within 200 feet of the tract based upon U.S.G.S.
datum.
D.
Existing or proposed easements or covenants affecting
the property.
E.
Existing roads with names and right-of-way width.
F.
Proposed site layout.
G.
Names of adjoining property owners.
H.
The location of that portion of the tract which is
to be subdivided in relation to the entire tract.
I.
Area of tract and approximate area of any proposed
lots.
J.
Proposed method of sewage disposal.
K.
Proposed method of water supply.
L.
Proposed method of stormwater management.
M.
Location of one-hundred-year floodplains with source
of information.
N.
Location of wetlands with source of information.
Minor subdivision and minor site plan requirements
shall be as follows:
A.
Boundary survey signed by a licensed New Jersey land
surveyor, except that for minor site plans where there are no building
additions or new accessory buildings or structures, the boundary may
be based upon tax map, deed or other reasonably accurate base.
B.
Contours at twenty-foot interval based upon U.S.G.S.
mapping. The Board may require more accurate contours if deemed necessary
to adequately review the application (subdivision only.)
C.
Names of owners and block and lot numbers of properties
within 200 feet of the tract.
D.
Existing topography on and within 200 feet of the
tract including roads, driveways, parking areas, loading areas, curbs,
sidewalks, fences, retaining walls, buildings, structures, wooded
areas, streams, drainage facilities, utility lines, wells and septic
systems, except that for minor site plans the topography need be shown
only on the site.
E.
Documentation supporting the adequacy of any existing septic system in accordance with § 224-18D.
F.
Location of one-hundred-year floodplain with source
of information.
G.
Location of any wetlands on and within 150 feet of
the tract as determined by a qualified individual.
H.
Existing and proposed rights-of-way, easements or
covenants affecting the property.
I.
Proposed lot lines with metes and bounds dimensions
and any lot lines to be eliminated. (Subdivision only.)
J.
Gross and net area of the existing and any proposed
lots.
K.
The location of the proposed new lot(s) in relation
to the entire tract. If it appears that the minor subdivision impacts
the future subdividability of the remaining parcel, a sketch of a
proposed subdivision of the remainder of the property shall be required.
(Subdivision only.)
L.
Tax sheet, block and lot numbers for proposed lots
as assigned by the Tax Assessor. (Subdivision only.)
M.
Setback dimensions of existing structures and required
building setback lines.
N.
A schedule of required and provided zone district
requirements including lot area, width, depth, yard setbacks, impervious
surface ratio, floor area ratio, etc.
O.
Location, type and size of proposed utility services,
including but not limited to gas, electric, water, sewer and cable
television; location of proposed wells and septic systems where public
sewer and water are not available.
P.
Passing percolation or permeability tests and soil
log on all lots where development is to take place and public sewer
is not available and a certification from a licensed engineer that
each proposed lot is suitable for construction of a septic system.
(Subdivision only.)
Q.
Location and first floor and garage floor elevation
of all proposed buildings and structures and the approximate location
of proposed driveways.
R.
Location of existing and proposed signs and details
of their size, lighting and type of construction. (Site plan only.)
S.
The location, type, and size of proposed curbs, sidewalks,
driveways, fences, landscaping, retaining walls, drainage facilities,
parking spaces and loading areas on the site. (Site plan only.)
T.
A narrative indicating the proposed use of the property
and anticipated impacts upon traffic circulation, parking, lighting
and stormwater runoff, and sewage disposal. (Site plan only.)
General development plans shall conform with
the provisions of N.J.S.A. 40:55D-45.1 et seq. and shall include the
submittal of an overall development plan consisting of the following:
A.
A land use plan indicating the tract area and general
locations of the land uses to be included in the planned development.
The total number of dwelling units and amount of nonresidential floor
area to be provided and proposed land area to be devoted to residential
and nonresidential use shall be set forth. In addition, the proposed
types of nonresidential uses to be included in the planned development
shall be set forth, and the land area to be occupied by each proposed
use shall be estimated. The density and intensity of use of the entire
planned development shall be set forth, and a residential density
and a nonresidential floor area ratio shall be calculated and provided.
B.
A circulation plan, indicating the general location
and types of transportation facilities, including facilities for pedestrian
access within the planned development and any proposed improvements
to the existing transportation system outside the planned development.
C.
A stormwater management plan, indicating the proposed
method of controlling and managing stormwater on site.
D.
An open space plan, indicating the proposed land area
and general location of parks and all other types of open space, including
a general description of the improvements and amenities, if any, intended
to be established therein, for purposes of conservation and recreation,
together with a plan for the operation and maintenance of all parks,
recreational lands and all other types of open space.
E.
A development plan, setting forth the permitted number
of dwelling units, the amount of nonresidential floor space, the residential
density and the nonresidential floor area ratio for the general development
plan, according to a schedule which sets forth the timing of build-out
of all sections of the development.
F.
A utility plan, indicating the need for and showing
the proposed location of all utilities, including sewage and water
lines, any drainage facilities necessitated by the physical characteristics
of the site, proposed methods for handling solid waste disposal and
a plan for the operation and maintenance of all proposed utilities.
G.
A community facilities plan, indicating the scope
and type of supporting community facilities which may include, but
shall not be limited to, educational or cultural facilities, historic
sites, libraries, hospitals, fire houses and police stations.
H.
A housing plan, outlining the number of housing units
to be provided and the extent to which any housing obligation assigned
to the Township by the New Jersey Council on Affordable Housing pursuant
to N.J.S.A. 52:27D-301 et seq., will be fulfilled by the development.
I.
A fiscal report, describing the anticipated demand
on municipal services to be generated by the planned development and
any other financial impacts to be faced by the Township or its school
districts as a result of the completion of the planned development.
The fiscal report shall also include a detailed projection of property
tax revenues which will accrue to the county, Township, and school
district according to the timing schedule provided under this chapter
and following the completion of the planned development in its entirety.
J.
A proposed timing schedule, setting forth, in as much
detail as is reasonably possible to provide, the developer's proposed
schedule for completion of the entirety of the project and each phase
or section thereof, including any terms or conditions which are intended
to protect the interests of the public and of the residents who will
occupy any section of the planned development prior to the completion
of the development, in its entirety; provided, however, that nothing
in the timing schedule shall preclude the developer from constructing
the units and completing the project in a shorter period of time if
market conditions allow.
K.
An environmental inventory, including a general description
of the vegetation, soils, topography, geology, surface hydrology,
climate and cultural resources of the site and all existing man-made
or natural structures or features and the probable impacts of the
development on such environmental aspects of the site.
L.
An environmental impact statement (EIS) prepared in accordance with Chapter 140 of the Pohatcong Township Code including a detailed description of the probable impacts of the development on the environmental attributes of the site.
M.
A development agreement, between the Township of Pohatcong
and the developer, which shall set forth in detail the respective
rights and responsibilities of the developer and the Township of Pohatcong,
relating to the planned development for which general development
plan approval is sought.
N.
A schedule of required and provided zone district
requirements including lot area, width, depth, yard setbacks, impervious
surface ratio, floor area ratio, etc., and a signed statement by the
developer affirming compliance with the minimum criteria for the zone.
A.
Preliminary subdivision and preliminary site plan
requirements shall be as follows:
(1)
The plan shall be based upon a survey prepared by
a licensed New Jersey land surveyor having a field traverse error
of closure of less than one part in 10,000.
(2)
The name of the owner and block and lot numbers of
all properties within 200 feet of the tract.
(3)
Existing contours based upon field measurements or
aerial mapping shall be provided at two-foot intervals on and within
200 feet of the tract based upon U.S.G.S. datum.
(4)
The location, description and elevation of at least
two bench marks used for vertical control.
(5)
Plan and profile of existing roads which adjoin the
tract for a distance of 500 feet beyond the tract lines. The plan
shall indicate pavement type and width, right-of-way width, shoulders,
curbs, sidewalks, etc. The profile shall be field run.
(6)
Existing rights-of-way or easements on the tract and
within 500 feet of the tract showing identification, location, width,
and any use restrictions.
(7)
Plan and profile of existing drainage facilities on
the tract and within 500 feet of the tract showing type of structures,
invert elevations, pipe sizes and slopes.
(8)
The location and size of existing utility lines on
the tract and within 500 feet of the tract, including water, sewer,
gas, electric, telephone, cable television, etc.
(9)
The location and high water elevation of existing
marshes, ponds and land subject to periodic flooding on the tract
and within 500 feet of the tract.
(10)
The location of existing rivers, streams, drainage
ditches, etc., on the tract and within 500 feet of the tract showing
the location of the one-hundred-year floodplain, floodway and encroachment
lines, as applicable, with the source of the information.
(11)
The location of any existing wetlands on and
within 150 feet of the tract as determined by a qualified individual.
(12)
The location of existing buildings, structures,
curbs, sidewalks, driveways, fences, retaining wall, parking areas,
loading areas, landscaped areas, signs, lights on the tract or within
200 feet of the tract.
(13)
The location of existing individual trees over
four inches in diameter measured six feet above the ground, except
that where trees are in mass only the limits need be shown. However,
if mass tree removal is proposed, individual trees within the mass
over nine inches in diameter should be shown.
(14)
The location of Township-owned land or other
public lands such as parks, open space, etc., within 500 feet of the
tract.
(15)
If site development is proposed on a portion
of the lot, the plans shall indicate the extent of the entire lot
and any contiguous lands owned by the developer and the relationship
to the portion being developed.
(16)
Proposed lot layout showing lot numbers as assigned
by the Tax Assessor and dimensions of all lot lines to the nearest
0.01 foot and lot area to the nearest square foot. (Subdivision only.)
(17)
The location of all proposed easements and rights-of-way
with detailed dimensions.
(18)
Location, size and purpose of any lands to be
dedicated to the Township.
(19)
The location of all required building setback
lines.
(20)
A schedule of required and provided zone district
requirements including lot area, width, depth, yard setbacks, impervious
surface ratio, floor area ratio, etc.
(21)
Plans for proposed streets showing the name
of the street as approved by the post office, right-of-way width,
typical section, location of curbs and sidewalks, center line stationing
with P.C. and P.T. stations, the location of high and low points and
the following horizontal curve data: curve radius, tangent length,
arc length, chord length, and central angle.
(22)
Profile of proposed streets showing center line
elevations at fifty-foot intervals, tangent grades, vertical curves
with length and "K" values and the station and elevation of high and
low points. The existing profile along the proposed street shall be
field run.
(23)
Cross-sections of proposed streets and existing
streets to be widened at fifty-foot intervals.
(24)
The plan shall show the location of proposed
curbs, depressed curbs, gutters, sidewalks, driveways, fences, retaining
walls, parking and loading areas, street signs, streetlights, landscaping,
street and shade trees, etc.
(25)
An analysis of available sight distance shall
be made at all intersections and be depicted on the profiles along
with required sight easements.
(26)
Plan and profile of proposed storm drainage
facilities, including swales, showing sizes, materials, slope and
invert elevations.
(27)
Design computations for proposed storm drainage
facilities, including analysis of the ability of existing facilities
to accept the flows. The computations shall include watershed boundary
maps depicting drainage areas to each structure, including drainage
areas which extend beyond the limits of the tract.
(28)
Plans and design computations for proposed stormwater
management facilities, including a flood routing of the channel or
facility which accepts the flow.
(29)
Plan and profile of proposed sanitary sewers,
including materials, sizes, slope, invert elevations, pumping stations,
force mains, with design calculations for pumping facilities and force
mains, and the location of laterals.
(30)
Construction specifications for the installation
of sanitary sewer mains, laterals, manholes, pump stations and force
mains.
(31)
Where public sewer is not available, at least
one soil log and two acceptable percolation or permeability tests
shall be provided on each lot and their locations shown on the plan.
(32)
Subdivisions comprising 50 or more lots shall
require certification by the New Jersey Department of Environmental
Protection and Energy that the proposed sewer and water facilities
will comply with applicable state standards. (Subdivision only.)
(33)
Where public water is available, the applicant
shall provide documentation from the purveyor that they will service
the site and that adequate flow and pressure is available for both
domestic use and fire flow. Prior to the start of construction, the
applicant or purveyor shall provide detailed plans and construction
specifications for installation and testing and who will be doing
the construction, inspection and testing. The plans shall indicate
the size and location of all mains and the location of all hydrants
and valves. The location of hydrants shall be approved by the Township
Fire Chief. The approximate location of mains and hydrants shall be
provided with the initial preliminary plat submittal.
(34)
Where water is to be provided via individual
on-site wells, the applicant shall provide the location and depth
of all public and private wells within 500 feet of the property and
shall provide an analysis of the underlying geologic formation and
its ability to provide a satisfactory yield without impacting adjoining
water supplies.
(35)
Each utility company shall provide documentation
that service is available to the site and the preliminary plans shall
provide the approximate location and size of proposed electric, telephone,
cable television, and gas lines. Prior to construction, detailed plans
for the installation of these utilities shall be provided with information
on whether the applicant or the utility company will be responsible
for construction.
(36)
A grading plan at two-foot intervals shall be
provided showing all areas which are to be disturbed. Where grading
is to be done in tree mass areas, individual trees larger than nine
inches in diameter shall be shown.
(37)
The plan shall show the first floor and garage
floor elevation of all proposed dwellings and the location of driveways.
(Subdivision only.)
(38)
The location and size of proposed principal
buildings, accessory buildings and structures and the finished grade
elevation of the first floor and finished ground at each building
corner. (Site plans only.)
(39)
Architectural floor plans for each floor of
the building or structure and an elevation view from all principal
exposures. (Site plans only.)
(40)
A landscaping plan which as a minimum shall
spot the location of all existing plantings to be retained and all
plantings to be established and shall contain a schedule, keyed to
the plantings shown, calling out the type (common name and botanical
name), the size, height, spread, and trunk diameter at the time of
planting and at maturity, and the quantity of all proposed plantings.
(41)
Proposed signs and lighting with details of
their construction. Isofootcandle curves shall be provided for all
areas to be illuminated with calculations for average maintained footcandles,
maximum and minimum intensity and uniformity ratio.
(42)
Provisions for refuse and garbage disposal,
including recycling.
(43)
Location and design of fire prevention measures,
including emergency lanes, hydrants, sprinkler and siamese connections
and fire zones.
(44)
The present and proposed number of units and
number of tenants, employees, customers or occupants of each unit
and a summary of the total number of each expected to be on the site
each day. (Site plans only.)
(45)
Proposed staging or development phasing.
(46)
The design of any off-tract improvements which
are necessary to be constructed as part of the project.
(47)
Construction details for all proposed improvements.
(48)
Copies of applications and documentation to
obtain other agency permits.
(49)
Detailed grading plans at the intersections
of two public roadways showing elevations at ten-foot intervals at
the following points (not required for preliminary approval):
(50)
Traffic study addressing increases in traffic
volumes caused by the project and its impact on adjoining roadways.
It must be shown that the adjoining roadways and intersections have
adequate capacity to accommodate the additional traffic generated
by the project at an acceptable level of service. The study shall
address the following:
(a)
Peak hour traffic counts on existing critical
roadways and intersections.
(b)
Projected peak hour traffic to be generated
by the project.
(c)
Capacity analysis of critical roadways and intersections.
(d)
Accident data, if available.
(e)
Proposed on-tract or off-tract improvements
necessary to avert hazards, maintain safety and maintain acceptable
levels of service.
(51)
Environmental impact statement in accordance with the provisions of Chapter 140, Environmental Impact Statement, of the Pohatcong Township Code.
Final subdivision and site plan requirements
shall be as follows:
A.
Final plans are a resubmission of the preliminary
plans and shall include any revisions which were required as conditions
of approval by the Planning Board and other agencies having jurisdiction.
B.
Submission of approved utility plans. Utility plans
shall be submitted with documentation of the approval of the plans
by the ultimate owner of the facility.
C.
Deeds of dedication for all streets, easements and
open space which is offered to the Township. It is noted that the
recording of deeds of dedication does not constitute the acceptance
of any improvement by the governing body.
D.
Homeowner's association documents for projects having
facilities or open space which is to be owned and/or maintained by
an association.
E.
Submission of all permits and/or approvals from other
agencies which are required for the construction of improvements.
G.
Final plat for recording which shall be drawn in conformance
with the provisions of the Map Filing Law and shall also contain the
following (subdivision only):
(1)
Tax block and lot numbers as approved by the Tax Assessor.
(2)
Street address for each lot.
(3)
Zone district in which the tract is located.
(4)
Required building setback lines.
(5)
Location and purpose of all easements, rights-of-way
and protective covenants with bearings and distances and ties to property
corners.
(6)
Where sanitary, storm sewer and conservation easements
are shown, the following note shall be included on the plat:
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Conservation easements or easements containing
sanitary or storm drainage facilities shall be subject to the following:
|
(a)
No trees or shrubs shall be removed or destroyed
on land in easements except in accordance with approved forest management
practices.
(b)
No topsoil, sand, gravel or minerals shall be
excavated or removed, except as authorized by the Township.
(c)
No buildings, garages, sheds, etc., shall be
erected.
(d)
No filling shall be permitted, except as authorized
by the Township.
(e)
Where such easement contains pipes or open channels,
the Township reserves the right of access for the purpose of maintaining,
repairing or replacing said improvements.
(f)
The property owner shall be responsible for
all routine maintenance within the easement, i.e., mowing, weed control,
minor erosion, etc.
(7)
Where sight easements are shown, the following note
shall be included on the plat:
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"Sight easements shall be subject to the following:
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(a)
The erection of fences, landscaping, grading
or other obstructions to vision exceeding 30 inches in height above
the established grade of the street shall not be permitted.
(b)
The property owner shall have a continuing obligation
to comply with the clear sight provisions.
(c)
The Township reserves the right of access for
the purpose of removing any objects which violate the restrictions
as set forth above and to assess the reasonable costs thereof to the
property owner.
(d)
The property owner shall be responsible for
all routine maintenance within the easement, i.e., mowing, weed control,
minor erosion, etc."
[Amended 12-21-2004 by Ord. No. 04-37]
A.
Land disturbance permit required. The construction
of improvements in connection with an approved subdivision or site
plan shall not commence nor shall any building permits be issued unless
the applicant shall have first obtained a land disturbance permit.
For the purposes of this section, the construction of improvements
includes site clearing, stripping, grading, excavating, construction
of roads, sidewalks, drainage, utilities, construction of buildings
and other structures or any form of land disturbance.
B.
Issuing authority for land disturbance permit. The
Township Engineer shall be the issuing and enforcing authority for
land disturbance permits. Violations and penalties shall be as defined
in this chapter.
C.
Requirements for land disturbance permit. The applicant
shall make application for a land disturbance permit by providing
the following information to the Township Engineer:
(1)
For all applications:
(a)
Completed land disturbance application form.[1]
[1]
Editor's Note: Ordinance No. 04-38, adopted 12-21-2004, adopted the Land Disturbance Permit Application Form. Said form is included at the end of this chapter.
(b)
Required construction inspection fees.
(4)
For major subdivisions electing to construct improvements
based upon preliminary subdivision approval:
(a)
Documentation of receipt of preliminary subdivision
approval.
(b)
Documentation of the satisfaction of all conditions
of preliminary subdivision approval, including the receipt of any
required permits. The construction of dwellings shall not commence
until final subdivision approval has been received and a final plat
has been recorded in the Warren County Clerk's office.
(c)
Submittal of a construction schedule and attendance
at a preconstruction meeting with the Township Engineer.
(5)
For major subdivisions electing to construct improvements
and dwellings concurrently based upon final subdivision approval:
(a)
Documentation of the receipt of preliminary
and final subdivision approval.
(b)
Documentation of the satisfaction of all conditions
of preliminary and final subdivision approval, including the receipt
of any required permits, and that a final plat has been recorded in
the Warren County Clerk's office.
(c)
Submittal of a construction schedule and attendance
at a preconstruction meeting with the Township Engineer.
(6)
For major site plans:
(a)
Documentation of the receipt of final site plan
approval.
(b)
Documentation of the satisfaction of all conditions
of preliminary and final site plan approval, including the receipt
of any required permits.
(c)
Submittal of a construction schedule and attendance
at a preconstruction meeting with the Township Engineer.
D.
Waivers from the requirements for land disturbance
permits. The Township Engineer may waive or grant exceptions from
the above requirements as may be reasonable and within the general
purpose and intent of this section if their literal enforcement is
impracticable or the information is deemed by the Township Engineer
as either not being necessary or not applicable.
E.
Duration of land disturbance permit. A land disturbance
permit shall be valid for a period of one year from date of issuance
and shall automatically expire unless construction pursuant thereto
shall have been actually commenced within such period and shall have
been diligently pursued.
[Amended 12-21-2004 by Ord. No. 04-37]
A.
Stakeout of site improvements. All improvements and
utilities shall be staked out by an engineer or surveyor licensed
in the State of New Jersey. Cut sheets shall be provided to the Township
Engineer for review and approval at least two working days prior to
the work being done.
B.
Routine inspection of site improvements. All improvements
and utilities, except those to be owned and inspected by a private
utility company or other governmental agency, shall be inspected by
the Township Engineer to ensure satisfactory completion in accordance
with the approved plans and Township specifications. However, nothing
shall prevent the Township Engineer from inspecting private utility
company's trenches within municipal roadways or within driveways and
parking areas in connection with site plan approvals. In no case shall
any construction be done without permission from the Township Engineer.
At least two working days' notice shall be given to the Township Engineer
prior to any such construction so that a representative of the Engineer
may be present at the time the work is to be done.
C.
Final inspection of improvements. Upon substantial
completion of improvements, except for those improvements considered
to be nonessential (pavement surface course, sidewalks, monuments
and landscaping), the developer may notify the governing body to request
the Township Engineer to prepare a list of all unsatisfactory or uncompleted
improvements. Accompanying the request, the developer shall submit
a list of improvements which are in his opinion complete and shall
submit three sets of as-built plans for review by the Township Engineer.
The Township Engineer shall conduct a final inspection of the work
to determine whether the work is satisfactory and in substantial conformance
with the approved drawings and the Township's specifications and shall
report the results of the inspection in writing to the governing body
within 45 days of the request from the developer. The general condition
of the site shall also be considered.
D.
As-built plans. Prior to the acceptance of any improvements
by the Township or the issuance of a certificate of occupancy, as-built
plans shall be provided showing the following information:
(1)
For major subdivisions, as-built plans shall include
the location of roadways, curbs, sidewalks, utility lines, hydrants,
trees, lights, signs, profile elevations of roadways, the type, location,
size, slope and invert elevations of sanitary sewers, storm drains
and swales and final contours and storage volumes of stormwater management
facilities.
(2)
For minor and major site plans, as-built plans shall
include the same information required for major subdivisions. In addition,
the as-built plans shall show the location of buildings and structures,
driveways, parking areas, loading areas, fences, wells, septic systems
and utility easements and spot elevations to verify building first
floor elevations and pavement and curb elevations.
E.
Acceptance of improvements. Prior to the acceptance
by the governing body of any streets, roads or other improvements
which are being offered for dedication to the Township, the developer
shall have first submitted and executed deeds of dedication for the
underlying land. Subsequent to passage by the governing body of a
resolution authorizing the acceptance of the deeds of dedication for
the land, the governing body shall accept the dedication for public
use of any streets, roads or other improvements shown on site plans
and subdivision plats approved by the approving authority by the passage
of a resolution accepting those improvements which are being offered
for dedication and releasing performance guarantees or portions of
the guarantees related to those improvements, provided that such improvements
have been inspected and have received final approval by the Township
Engineer.
F.
Streetlights. If streetlights have been installed
on a dedicated public street and said lights have been accepted for
service by the public utility company, the applicant may, in writing,
request the governing body to make arrangements with the utility company
for the governing body to assume the costs of operating the streetlights
if certificates of occupancy have been issued for at least 50% of
the dwelling units or 50% of the floor area of nonresidential uses.
G.
Construction of buildings and structures. The construction
of buildings and structures shall not commence until the following
permits have been obtained:
[Amended 12-21-2004 by Ord. No. 04-37]
A.
Guarantees required. Prior to the recording of a final subdivision plat or as a condition of final site plan approval or as condition to the issuance of a zoning permit pursuant to § 285-40 of the Pohatcong Township Code, the governing body shall require and accept in accordance with the standards of this chapter for the purpose of assuring the installation and maintenance of improvements the following:
(1)
Performance guarantee. A performance guarantee in
favor of the Township in an amount not to exceed 120% of the cost
of installation of improvements which are being offered for dedication
to the Township, including streets, grading, pavement, gutters, curbs,
sidewalks, streetlighting, shade trees, monuments, water mains, culverts,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, utilities, erosion and sedimentation control devices and
public improvement of open space, whether on tract or off tract. The
term of the guarantee shall be for a period not to exceed 18 months
with a provision that permits the Township to draw upon the guarantee
if it is not renewed at least 30 days in advance of the expiration
date. With the consent of the principal, the governing body may extend
the term of the performance guarantee for an additional 18 months.
However, if an applicant has posted a performance guarantee for nonessential
improvements as set forth in this chapter, the nonessential improvements
must be completed within one year of the date of posting of the guarantee.
The performance guarantee shall not be released until the applicant
has posted a maintenance guarantee which has been approved by the
governing body.
(2)
Maintenance guarantee. A maintenance guarantee to
be posted with the governing body upon satisfactory completion of
all improvements, to run for a period not to exceed two years, in
an amount not to exceed 15% of the total cost of the improvement for
the purpose of ensuring that the applicant maintains the roadway or
facilities in question. The maintenance guarantee shall include only
those improvements which are being offered for dedication to the Township.
The guarantee shall contain a provision that permits the Township
to draw upon the guarantee if required maintenance has not been performed
or if the guarantee is not renewed at least 30 days in advance of
the expiration date. In the event that other governmental agencies
or public utilities will own the utilities to be installed or the
improvements are covered by a maintenance guarantee to another agency,
no additional maintenance guarantee shall be required.
(3)
Restoration guarantee. A restoration guarantee in
favor of the Township in an amount not to exceed 120% of the cost
to restore all disturbed areas within the entire site to a reasonably
safe, stable and aesthetic condition in the event that site improvements
are commenced by the developer but are not completed. The restoration
cost shall be the sum of the estimated cost of earthwork, topsoiling,
seeding, mulching and removal of soil stockpiles to restore the site
considering the maximum potential area of disturbance. The developer's
engineer shall submit a cost estimate for the restoration work for
approval by the Township Engineer. The term of the guarantee shall
be for a period not to exceed 18 months with a provision that permits
the Township to draw upon the guarantee if it is not renewed at least
30 days in advance of the expiration date. With the consent of the
principal, the governing body may extend the term of the guarantee
for an additional 18 months.
B.
Form of guarantee. Guaranties may be in the form of
cash, a bond from a surety authorized to do business in the state
of New Jersey or an irrevocable letter of credit issued by a bank
or savings institution authorized to do business in the state of New
Jersey or cash. If bonds or letters of credit are utilized, they shall
contain the address of a location in New Jersey where legal service
can be made. A minimum of 10% of the amount of any guarantee shall
be posted in cash or by certified check. The form of the guarantee
shall be approved by the Township Attorney and the amount and items
covered by the Township Engineer.
C.
Liability during guarantee period. The applicant shall
assume all liability for any accidents, injury, etc., which occur
during the construction of improvements and until such time as the
improvements have been accepted by resolution by the governing body.
D.
Failure to complete improvements during the guarantee
period. If the required improvements are not completed or corrected
in accordance with the guarantee, the developer and surety shall be
liable to the municipality for the reasonable cost of the improvements
not completed or corrected, and the municipality may either prior
to or after the receipt of the proceeds thereof complete such improvements,
subject to the public bidding requirements of the Local Public Contracts
Law.
E.
Release from performance guarantee. Upon substantial
completion of improvements, the developer may notify the governing
body that he is seeking release or partial release of his performance
guarantee. On request from the governing body, the Township Engineer
shall perform a final inspection of the improvements as previously
defined in this chapter and prepare an inspection report which shall
identify each improvement determined to be complete and satisfactory,
together with a recommendation as to the amount of reduction to be
made in the performance guarantee relating to the completed and satisfactory
improvements. The governing body, by resolution, shall either approve
and accept the improvements determined to be complete and satisfactory
by the Township Engineer or reject any or all of the improvements
upon the establishment in the resolution of cause for the rejection,
and shall approve and authorize the amount of reduction to be made
in the performance guarantee relating to the improvements accepted,
subject to the developer providing a maintenance guarantee for the
accepted improvements. The resolution shall be adopted not later than
45 days after receipt of the report prepared by the Township Engineer.
Upon adoption of the resolution by the governing body, the developer
shall be released from all liability pursuant to its performance guarantee
with respect to the approved improvements, except for any portion
deemed necessary by the Township Engineer to secure completion or
correction of the improvements not yet approved, provided that 30%
of the total amount of the performance guarantee posted may be retained
to ensure completion and acceptability of all improvements.
F.
Rejected improvements. If any portion of the required
improvements is rejected, the governing body may require the developer
to complete or correct such improvements and, upon completion or correction,
the same procedure of notification, as set forth in this section shall
be followed.
[Amended 5-18-2004 by Ord. No. 04-11]
Failure to comply with any of the conditions of approval granted as provided in this chapter subsequent to receipt of a building permit, land disturbance permit or a certificate of occupancy, as the case may be, shall be construed to be a violation of this chapter and shall be grounds for the revocation of any building permit, land disturbance permit or certificate of occupancy, as the case may be. If the issuing authority and/or Zoning Officer finds that any conditions of approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions, and failure to comply within this ten-day period shall result in revocation of the building permit, land disturbance permit or certificate of occupancy, as the case may be. Such violations may additionally or singly be prosecuted under § 245-19.
[Amended 12-21-52004 by Ord. No. 04-37]
Fees for subdivision and site plan applications shall be submitted in accordance with Chapter 45, Land Use Procedures, of the Pohatcong Township Code.
[Amended 5-18-2004 by Ord. No. 04-11; 7-18-2006 by Ord. No.
06-16]
Any person or applicant who violates any provision of this chapter or fails to comply with and satisfy conditions of subdivision or site plan approval as established by a memorializing resolution adopted by the Land Use Board or undertakes construction of the improvements which are the subject of an approved subdivision or site plan but not in compliance with the plans approved by the Land Use Board or fails to conduct the approved use in compliance with the approval, including the terms and conditions of such approved memorializing resolution, and fails to abate such violation within 10 days after written notice has been served upon him, either by mail or by personal service, upon conviction thereof shall be subject to a minimum fine of $500 or up to a maximum fine of $1,000 or to imprisonment in the county jail for a term not exceeding 30 days, or both such fine and imprisonment at the discretion of the court. Each day that such violation continues shall be deemed to be a separate and distinct violation. Additionally, violation of the provisions of § 245-17 hereinabove, which provisions are deemed to be complementary, not mutually exclusive, to the provisions of this section, shall also be deemed to constitute a violation and shall result in imposition of the penalties as set forth hereinabove.
