In order to promote the public health, general
welfare and other purposes of land subdivision regulation, subdivision
proposals which are to include more than three contiguous lots within
five years after final approval are to be governed by the following
regulations.
A.
There shall be provided for such lots (if they are
within the Township's sewer service area) a sanitary sewerage system,
which shall be of such size and shall be sufficient to carry all sewage
from all present or proposed structures on the lots, and shall be
otherwise constructed and maintained in conformity with the laws of
the State of New Jersey and any and all ordinances of the Township
of Evesham relating to sanitary sewerage systems, as amended and revised
to date, and the rules and regulations of the Evesham Township Municipal
Utilities Authority.
B.
The sanitary sewerage system may be constructed in
parts; provided, however, that the system in each phase or part of
its construction shall be sufficient in the written opinion of the
Evesham Township Municipal Utilities Authority to carry all sewage
from all structures then in existence or under construction on said
lots.
A.
There shall be provided for such lots set forth in § 135-17 a sewage disposal plant which shall be of such size and shall be sufficient to carry all sewage from all present or proposed structures on the lots, and shall be otherwise constructed and maintained in conformity with the laws of the State of New Jersey, any and all ordinances of the Township of Evesham relating to sewage disposal plants, as amended and revised to date, and the rules and regulations of the Evesham Township Municipal Utilities Authority.
B.
The sewage disposal plant may be constructed in parts;
provided, however, the system in each phase or part of its construction
shall be sufficient, in the written opinion of the Evesham Township
Municipal Utilities Authority, to carry all sewage from all structures
then in existence or under construction on said lots.
C.
Connection to the sewage disposal plants owned and
operated by the Evesham Township Municipal Utilities Authority shall
be considered compliance with the requirements of this section.
A.
There shall be provided on all lots obtained pursuant to § 135-13 a storm drainage system which shall be of such size as to be sufficient to collect and carry off and dispose of all excess surface water falling upon or arising on said lots.
B.
The storm drainage system may be constructed in parts;
provided, however, that the system in each phase or part of its construction
shall be sufficient, in the written opinion of the Township Engineer,
to collect and carry off and dispose of all surface water falling
upon or arising on lots then improved or under improvement.
A.
A water system shall be provided for all lots identified pursuant to § 135-16 which system shall be of sufficient size to supply sufficient potable water to each of the structures to be erected on said lots. The adequacy of the water system and pressure shall be reviewed by the Evesham Township Municipal Utilities Authority, which shall submit its opinions in a written report.
B.
All water supplies and water treatment works shall
comply with the rules and regulations established by the State of
New Jersey and the Township of Evesham, all ordinances of the Township
relating to water supplies and water treatments work, as amended and
revised to date, and the rules and regulations of the Evesham Township
Municipal Utilities Authority.
C.
The water system may be constructed in parts; provided,
however, that the system in each phase or part of its construction
shall be of sufficient size, in the written opinion of the Evesham
Township Municipal Utilities Authority, to supply potable water to
each structure then in existence or under construction upon said lots.
There shall also be provided fire hydrants not
more than 1,000 feet from each structure with such pressure as shall
be approved by the Evesham Township Municipal Utilities Authority
at each of said hydrants.
In the event that there is an existing sewage treatment plant outside of the lots in question to which the sewerage system may be interconnected, and such interconnection is approved by the Evesham Township Municipal Utilities Authority and the Planning Board or the Township Council, then and in that event the requirements of § 135-18 of this article shall be waived.
In the event that there is a water system outside the lots in question capable of providing water of high quality and potability and in sufficient quantity, to which said lots may be interconnected, and such interconnection is approved by the Evesham Township Municipal Utilities Authority, the Board or the Township Council, then and in that event the requirements of § 135-20 of this article shall be waived.
All wires and electrical or telephone installations
within or entering and servicing all major subdivisions shall be placed
underground, and construction and maintenance easements shall be provided
for such installations.
A.
The developer is required to obtain and plant shade trees in accordance with the Township's specifications as contained in Chapter 62, Subdivision and Site Plan Design Standards, unless the site is wooded throughout.
B.
The trees shall be planted between the sidewalk and the street or within the right-of-way and shall comply with Chapter 62, Subdivision and Site Plan Design Standards.
C.
The developer shall post performance guaranties, prior
to the planting of the shade trees, in an amount determined by the
Township Engineer. The performance guaranties will not be released
until the streets are accepted by the Township. Acceptance of the
streets will not take place if the trees do not meet the requirements
specified by Township ordinance or if all the required trees are not
alive or healthy.
A.
Upon application of the subdivider, in accordance with applicable standards, regulations or other requirements, the Board may waive the requirements of §§ 135-17 and 135-18 above concerning the sanitary sewage system and sewage disposal plants, respectively, in cases involving subdivision of lots numbering less than 50. In such event the burden shall be upon the subdivider to clearly demonstrate to the Board that the enforcement of the provisions aforementioned would exact an undue hardship upon the subdivider and that the full compliance with these provisions would be economically or otherwise unfeasible.
B.
Prior to the consideration by the Board of the subdivider's
application for a waiver pursuant to this section, the applicant shall
obtain Board of Health approval of the proposed individual sewage
disposal system. If the applicant fails to obtain Board of Health
approval, then the Board shall specifically conditioned any approval
upon the obtainment of Board of Health approval.
If the subdivider shall apply to the Planning
Board for relief under the waiver provision, the subdivider shall
notify the Secretary of the Board, briefly stating the reasons for
seeking the relief, and the Board Secretary shall then set the matter
down for a hearing at a regular or special meeting of the Board. The
subdivider shall notify, by certified mail at least 10 days prior
to the hearing, to all persons or parties required by N.J.S.A. 40:55D-12
and 40:55D-12.1 based upon the Evesham Township tax records. Said
notice shall state the time and place of the hearing and shall include
a brief statement as to what relief shall be sought at the hearing
and that said property owner has a right to appear and be heard. The
subdivider shall furnish proof of such notice to the Board before
said hearing shall commence.
The Board shall be guided in its decision by
the proofs submitted by the subdivider and his professional agents,
together with a report and recommendation given by the Board Engineer,
Planner or Traffic Engineer. The Planning Board shall make findings
of fact following said hearing and shall by resolution grant or deny
the waiver requested.
