Borough of Folsom, NJ
Atlantic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 11-28-1978 by Ord. No. 128. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 46.
Uniform construction codes — See Ch. 90.
Fees — See Ch. 103.
Flood damage prevention — See Ch. 111.
Lowland areas — See Ch. 124.
Stormwater management — See Ch. 164.
Streets and sidewalks — See Ch. 166.
Zoning — See Ch. 200.
170a Application Checklist

§ 170-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPLICATION FOR DEVELOPMENT
Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Borough except as provided in § 200-66A(2) of Chapter 200, Zoning.
[Amended 9-28-1989 by Ord. No. 223]
DAYS
Calendar days.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvement required by this act.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
PERFORMANCE GUARANTEE
Any security, which may be accepted by a municipality, including cash; provided that the municipality shall not require more than 10% of the total performance guarantee in cash.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.[1]
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board.
[1]
Editor's Note: The definition of "reviewing board," which previously followed this definition, was deleted 5-20-2004 by Ord. No. 9-2004.

§ 170-2 Applicability.

[Amended 9-28-1989 by Ord. No. 223]
A. 
Site plan review and approval shall be required before any initiation of development, any change of use, or before any excavation, removal of soil, clearing of a site or placing of any fill on lands contemplated for development, and, except as hereinafter provided, no building permit shall be issued for any building or use, or reduction or enlargement in size or other alteration of any building or change in use of any building including accessory structures unless a site plan is first submitted and approved by the Planning Board and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the Planning Board.
B. 
No person shall carry out any development within the Borough of Folsom without obtaining approval from any approval agency and without obtaining development approval in accordance with the procedures set forth in this chapter.

§ 170-3 Performance standards.

In reviewing any site plan, the Planning Board shall consider:
A. 
Pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the site, between buildings and between buildings and vehicles.
B. 
The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.
C. 
Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.
D. 
Buffering shall be located around the perimeter of the site to minimize headlights on vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties when necessary. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.
E. 
Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.
F. 
Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.
G. 
Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems, and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage, and to maintain an adequate supply of water at sufficient pressure.
H. 
Garbage disposal shall be adequate to insure freedom from vermin and rodent infestation. All disposal systems shall meet municipal specifications as to installation and construction.
I. 
Environmental elements relating to soil erosion, preservation of trees, protection of watercourses, and resources, noise, topography, soil, and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.
J. 
In the case of freestanding buildings or structures, and depending upon site characteristics, consideration shall be given to site positioning that either does not block a natural vista, provides a desirable space enclosure or otherwise respects the established lot siting or surrounding buildings or structures.
K. 
In the use of building material, use of color and/or textures, massing, fenestration, advertising features, and proposed heights, every effort shall be made in the proposed building or structure to relate these elements harmoniously to similar elements in surrounding buildings or structures.
L. 
Relation to surroundings.
(1) 
Every effort shall be made to maintain the standards outlined above for all accessory buildings, structures and site features, however related to the major buildings or structures.
(2) 
Special features. In the case of auto parking areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures, special consideration shall be given to the use of screen planting or similar screening methods, where said special features are incongruous with the existing or contemplated environment and for adjacent properties.
M. 
Shading of adjacent properties by proposed buildings is prohibited.
N. 
The development standards in Chapter 200, Zoning, Articles V, VI and VII shall form the basis for evaluation of any site plan or subdivision applications.
[Added 9-28-1989 by Ord. No. 223]

§ 170-4 Submittal requirements.

A. 
Prior to any preliminary plan submissions to the Planning Board, the applicant shall meet with the Zoning Officer in order to promote a clear understanding of all applicable regulations and to establish a workable processing schedule. At the time of such meeting, the applicant shall submit two copies of a sketch plan and perimeter survey.
(1) 
In order to determine if all zoning regulations will be met, the plan shall be based on Tax Map information at the scale of not less than 50 feet to the inch, showing the entire tract on one sheet and exhibiting adequate information to show the following:
(a) 
Proper zone for use, block and lot numbers; and acreage.
(b) 
Parking area and planned number of spaces.
(c) 
Building coverage in square feet and as a percent of total area; acreage to nearest tenth of an acre.
(d) 
Open space and recreation concepts, proposed location and size of devoted land area.
(e) 
Height of all proposed structures.
(f) 
Density: number of dwellings per acre.
(g) 
Yard requirements: as per zoning regulations.
(h) 
Access roads and internal roads.
(i) 
Certification of information accuracy by a licensed surveyor, engineer, planner or architect.
(j) 
Owner's, developer's and architect's or engineer's name and address.
(k) 
Plan for preservation of natural features.
(l) 
Topographic and soil data.
(2) 
The Zoning Officer shall, within five days, make a determination as to whether the site and building plan submission conforms to all aspects of Chapter 200, Zoning. If the plans do not conform to the provisions of Chapter 200, Zoning, in any respect, the Zoning Officer shall advise the applicant of same and further advise that a possible remedy for the applicant is a variance. Where a project is found to be in violation of any use provision of Chapter 200, Zoning, the applicant shall be referred to the Planning Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Where a plan submission is in conformance with all of the use provisions of Chapter 200, Zoning, the Zoning Officer shall return said plans to the developer with a letter indicating that the developer may make application for a preliminary plan review by the Planning Board and its consultants.
B. 
Any individual, partnership or corporation wishing to submit plans to the Planning Board may submit to the Zoning Officer five copies of a completed concept evaluation form, together with five concept sketches of the proposed project. These sketches would be in sufficient detail and scale so as to allow the Zoning Officer and the Planning Board to determine the applicant's intent. Upon receipt of these documents, the Zoning Officer shall notify the Secretary of the Planning Board who shall then schedule meeting of the Site Plan Review Committee within 30 days, and notify the applicant of the time and place for the meeting. At the time of said meeting, the applicant may present and discuss his concept, and the Site Plan Review Committee shall offer its opinion as to whether the project is appropriate to its surroundings and any recommended changes, additions or deletions which might be appropriate. In no way shall the opinions or recommendations of the Site Plan Review Committee be binding upon either the Planning Board or governing body, and this fact is expressly called to the applicant's attention.
C. 
The applicant shall submit 12 copies of his complete application to the Secretary of the Planning Board. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed in writing by the Secretary of the Planning Board within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted. Written notice shall be given by the Borough to the Pinelands Commission within seven days after a determination is made by the Borough that an application for development is complete or if a determination is made by the Borough approval agency that the application has been modified in accordance with § 200-66C(1) of Chapter 200, Zoning.
[Amended 9-28-1989 by Ord. No. 223]
(1) 
A complete application for preliminary approval shall also consist of the following:
(a) 
A properly completed site plan information form.
(b) 
The required fee as stated in § 170-27 of this chapter.
(c) 
The applicant shall prepare an environmental impact statement (EIS) as per § 170-25 of this chapter, and preliminary plans at a scale of one inch equals 50 feet or less.
(d) 
All site plans shall include the following information with respect to the subject lot or lots and shall be clearly and legibly drawn or reproduced having been designed and drawn by a licensed engineer, architect, or planner and shall comply with New Jersey law:
[1] 
A key map, at a scale of one inch equals 2,000 feet, clearly showing the location of the development within the Borough and in relation to major streets, water bodies and political boundaries within the area.
[2] 
The development name, Tax Map sheet, block and lot numbers, North arrow and graphic scale, reference meridian, United States Geological Survey datum, and the following names and addresses:
[a] 
Name and address of record of owner or owners.
[b] 
Name and address of record of owner or owners of tracts abutting to and within 200 feet of the development.
[c] 
Name and address of developer.
[d] 
Name and address of person who prepared the map.
[3] 
Acreage of tract to the nearest tenth of an acre.
[4] 
Contours at a two-foot interval maximum; contours shall be referenced to USGS datum, extending 200 feet beyond the lot lines where possible and necessary.
[5] 
The location of existing property lines, streets and street rights-of-way within 500 feet of the tract, and the following details on the tract: buildings, watercourses and their extent, surface elevation, depth, and their floodplains, railroads and their rights-of-way, bridges, culverts, drainpipes, easements, utility lines both underground and overhead, rock formations, wooded areas, isolated trees over five inches in diameter and other natural features.
[6] 
Profiles and typical cross sections of existing streets abutting the subdivision indicating type and width of pavement, curb location and sidewalk and shade tree planting strip locations.
[7] 
All existing elements, including but not limited to sidewalks, streets, paved areas, buildings, utilities, plant materials, and drainage lines that are to be removed and/or demolished shall be shown as part of the preliminary submission.
[8] 
Soil Conservation Service soil classification.
(e) 
All additional application requirements contained in § 200-66B or C, as appropriate, of Chapter 200, Zoning.
[Added 9-28-1989 by Ord. No. 223]
(2) 
The preliminary plans shall clearly and accurately show the following which shall conform to the standards of this chapter and of the county:
(a) 
The location of all proposed property and building setback lines.
(b) 
The location and proposed cross sections and center line profiles of all new streets and pedestrianways, including sidewalks, cartways, street lines and planting area.
(c) 
Site location of all proposed buildings and parking lots and elevations of proposed buildings.
(d) 
The location and extent of the intended development; all easements, open space, historic sites, floodplain and specific uses of recreation areas, including the extent and surface water elevation and depth of all proposed lakes and ponds.
(e) 
All proposed drainage structures are to be located and all other information as required by the Borough relating to watercourses and drainage ditches shall be included.
(f) 
Plans for the preservation of all existing natural features.
(g) 
Plans for modification, addition, or any other alteration to existing man-made features.
(h) 
Legend indicating type of buildings, along with an architectural elevation of each class of structure.
(i) 
Location of all easements, fire hydrants, sizing of water of water mains, sanitary sewers, storm drains and groundwater underdrains; complete design criteria and calculations shall be included; off-site conditions shall be covered; the provision for stormwater retention as described in this chapter shall be complied with.
(j) 
Proposed grading plan for the entire site.
(k) 
A letter from the appropriate Utilities Authority indicating its intention to provide water and sewer service for the project.
(l) 
A delineation of all proposed sections including sequence and timing of development covering all of the gross acres of the development.
(m) 
Zoning, density, open space coverage by percentage, building and paving coverage by percentage.
(n) 
The following documentation shall accompany the submission of the preliminary plan:
[1] 
An application for tentative approval on such form as shall be provided by the Borough Clerk/Municipal Administrator.
[2] 
A copy of any protective covenant or deed restriction.
[3] 
Applying to any land or building being subdivided shall be submitted with the preliminary plan.
[4] 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1981, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and when prior approval for development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to § 200-66E of Chapter 200, Zoning.
[Added 9-28-1989 by Ord. No. 223]
D. 
Other agency approvals.
(1) 
All applications for site plan approval shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval. Applicant shall furnish proof of such submission at the time of the submission of his application to the municipal Planning Board by presenting a copy of his site plan with an indication from the county that it has been filed with it. Any application for site approval shall not be deemed complete in the absence of proof that it has been filed with the County Planning Board. If the County Planning Board has failed to grant or deny approval of the site plan at the time of preliminary approval of applicant's application, such preliminary approval shall be conditioned on approval of said site plan by the County Planning Board.
(2) 
No application for site plan approval shall be deemed complete in the absence of proof that a plan for soil erosion and sedimentation control has been submitted to the relevant reviewing authority, pursuant to the requirements of N.J.S.A. 4:24-39 et seq., or proof that such a plan is not required by said statute for the particular application. If the reviewing authority has failed to grant or deny certification of the erosion plan at the time of preliminary approval of applicant's site plan, preliminary approval shall be conditioned on certification of applicant's erosion plan.

§ 170-5 Distribution of site plan application.

The Secretary of the Planning Board shall distribute the site plan application for review and report, and approval where required, as follows:
A. 
One copy each to the Municipal Engineer and planner.
B. 
One copy for the permanent files of the Board's Secretary.
C. 
Nine copies to the members of the Board.
D. 
Additional copies as required.

§ 170-6 Time for decision.

A. 
Upon the submission to the Secretary of the Planning Board of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that, if the application for site plan approval also involves an application for a relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented to by the applicant.
B. 
Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant.
C. 
Upon the submission to the Secretary of the Planning Board of a complete application for site plan approval pursuant to N.J.S.A. 40:55D-76b, the Planning Board shall grant or deny preliminary approval of the application within 120 days of the date of such submission or within such further time as may be consented to by the applicant.
D. 
Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the site plan as submitted.
E. 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary site plan approval.
F. 
Nothing herein shall be construed to limit the right of developer to submit a sketch plan to the Planning Board for informal review, and neither the Planning Board nor the developer shall be bound by any discussions or statements made during such review; provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submittal of a sketch plan, and the time for the Planning Board's decision shall not begin to run until the submission of a complete application.
G. 
The Pinelands Commission shall be notified of all approvals and denials of development in accordance with § 200-66D(3) of Chapter 200, Zoning.
[Added 9-28-1989 by Ord. No. 223]

§ 170-7 Public hearings.

[Amended 9-28-1989 by Ord. No. 223]
A public hearing shall be held on all applications for site plan approval involving uses which, on the submitted complete application, show five or more off-street parking spaces. A public hearing is not required for all other site plan applications. The Pinelands Commission shall be notified of all hearings on applications for development in accordance with § 200-66D(2) of Chapter 200, Zoning.

§ 170-8 Power to grant exceptions to site plan regulations.

The Planning Board when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

§ 170-9 Rights under preliminary approval.

Preliminary approval of a site plan, except as provided in Subsection D of this section, 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; natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; exterior lighting both for safety reasons and streetlighting; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as related to the public health and safety.
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 site plan.
C. 
That the applicant may apply for and the Planning 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 design standards have been revised by ordinance, such revised standards may govern.
D. 
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections A, B and C above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that, if the design standards have been revised by ordinance, such revised standards may govern.

§ 170-10 Final approval.

A. 
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval; provided that, in the case of a planned development, the reviewing body may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
B. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval of the application for final approval as submitted, and a certificate of the Secretary of the Planning Board as to failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval. The Pinelands Commission shall be notified of all approvals and denials of development in accordance with § 200-66D(3) of Chapter 200, Zoning.
[Amended 9-28-1989 by Ord. No. 223]
C. 
A complete application for final approval shall consist of the following:
(1) 
A properly completed final site plan approval form;
(2) 
The required fee;
(3) 
The applicant shall review the plans to reflect all conditions of approval and it shall be reviewed for compliance by the Borough Engineer and the Borough's planning consultants. The final plans shall be refinement of the preliminary plan and shall meet all of the requirements thereof. These refinements shall include, but not be limited to:
(a) 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use; all property lines with accurate dimensions, bearing or deflections angles, radii, arcs, and central angles of all curves.
(b) 
Location and description of all monuments.
(c) 
Any revision to the preliminary utility system shall be accompanied by calculations and easements. All other items shall be covered by the preliminary plan.
(d) 
Location, size and elevations of curbs, parking lots, etc.
(e) 
A landscape plan showing area and general types of existing and proposed plantings.
(f) 
The following documentation shall accompany the final plan:
[1] 
Certification from the Tax Collector that all taxes are paid to date and that any local improvement assessments against the tract being developed have been paid in full or that any local improvement assessments have been paid to date.
[2] 
Written report from the Borough Engineer stating:
[a] 
That all improvements, as indicated on the final plan, are in conformance with the proposals of the approved preliminary plan.
[b] 
That he is in receipt of a plan of improvement showing all utilities in exact location and elevation; identifying those to be installed; and that the applicant has complied with one or both of the following: installed all improvements in accordance with the requirements of these regulations; or a performance guarantee has been posted with the Borough Clerk/Municipal Administrator in sufficient amount to assure the completion of all required improvements within a twenty-four-month period.
[c] 
In those instances where improvements have been installed, the Engineer has received proper as-built drawings.
[d] 
Certification by the Borough Engineer of compliance with sediment and erosion control methods.
[e] 
Copies of all supplemental agreements between the applicant, and any and all agencies or bodies of the Borough shall be presented.
[3] 
Other conditions for approval:
[a] 
When final approval is requested for an area which is less than the full area for which tentative approval was given, the applicant shall submit a key map at a scale of no less than one inch equals 200 feet which clearly and accurately shows the entire development for which tentative approval was granted, including all proposed streets and property lines, and that portion for which final approval is being requested.
[b] 
Where the proposals for any required improvements differ from the proposals shown on the preliminary plan, complete plans and profiles with drawing revisions listed shall be submitted in sufficient detail to meet the requirements of the Borough Engineer.
[c] 
Test borings as may be required by the Borough Engineer.
[4] 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pineland Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and when prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to § 200-66E of Chapter 200, Zoning.
[Added 9-28-1989 by Ord. No. 223]

§ 170-11 Effect of final approval.

A. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 170-6 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 170-9 of this chapter for the section granted final approval.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In the case of a site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
C. 
The approval of the Borough shall not be effective and no development shall be carried out prior to Pinelands Commission review of the application for development approval in accordance with § 200-66E of Chapter 200, Zoning.
[Added 9-28-1989 by Ord. No. 223]
D. 
Where a prior approval has been granted by any approval agency, no subsequent approval of an application for development approval shall be obtained until the provisions of § 200-66F of Chapter 200, Zoning, are met.
[Added 9-28-1989 by Ord. No. 223]
E. 
If the Pinelands Commission disapproves an application or approves an application with conditions, the approval agency shall adhere to the provisions of § 200-66G of Chapter 200, Zoning.
[Added 9-28-1989 by Ord. No. 223]

§ 170-12 Guarantees required. [1]

A. 
As a condition of final site plan approval, the Planning Board may require and shall accept in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:
(1) 
The furnishing of a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, Ch. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers, or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping; provided that no more than 10% of the total performance guarantee shall be in cash, and the balance shall be in the form of a bond from a bonding company approved by the governing body. The Municipal Engineer shall review the improvements required by the Planning Board which are to be bonded and itemize their cost. Said itemization shall be the basis for determining the amount of performance guarantee and maintenance guarantee required by the Planning Board. The Municipal Engineer shall forward his estimate of the cost of improvements to the applicant within 30 days of the date of receipt of a request sent by certified mail for said estimate.
(2) 
The furnishing of a maintenance guarantee to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required for such utilities or improvements.
B. 
The amount of any performance guarantee may be reduced by the governing body, by resolution, when portions of the improvements have been certified by the Municipal Engineer to have been completed. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution.
C. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon 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 improvement.
D. 
When all of the required improvements have been completed, the obligor shall notify the governing body in writing, by certified mail, addressed in care of the Borough Clerk/Municipal Administrator, of the completion of said improvements and shall send a copy thereof to the Municipal Engineer. Thereupon, the Municipal Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
E. 
The governing body shall either approve, partially approve or reject the improvements, on the basis of the report of the Municipal Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said Planning Board with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guarantee.
F. 
If any portion of the required improvements is rejected, the Planning Board may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in this section, shall be followed.
G. 
The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 170-13 Design standards.

The design of any subdivision shall conform to the principles of land subdivision as set forth in the Master Plan, when completed, Official Map and ordinances of the Borough of Folsom and will be such as will encourage good development patterns within the Borough of Folsom and enhance the public welfare.

§ 170-14 Streets.

A. 
Right-of-way widths.
(1) 
All streets within and servicing a subdivision shall be classified and have minimum right-of-way widths measured from lot line to lot line as follows:
Street Classification
Minimum Right-of-Way Width
Arterial
120 feet
Major
80 feet
Collector
60 feet (pavement width 44 feet)
Minor
50 feet (pavement width 36 feet)
Marginal access
Cul-de-sac and loop streets of less than 1,200 feet in length
50 feet (pavement width 30 feet)
(2) 
Internal roads and alleys in multifamily, commercial and industrial development shall be determined by the Board on an individual basis to safely accommodate the maximum anticipated traffic, parking, loading and access for fire-fighting equipment.
B. 
The arrangement of streets not shown on the Master Plan or Official Map shall be so coordinated as to provide for the appropriate extension of existing streets, to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment.
C. 
Reserve strips denying or controlling access thereto from abutting lands are not permitted except where control or ownership of such strips is vested in the Borough of Folsom for future street or road purposes or where reverse frontage is provided and tree planting, noise abatement or other buffer zones are established and such lots or lands do not require direct access.
D. 
Minor streets shall be so designed as to discourage through traffic.
E. 
Subdivisions abutting arterial streets shall provide either a marginal access service road, reverse frontage with a planted buffer strip, or an additional lane for acceleration and deceleration along the entire frontage of the subdivision to prevent direct turning movements on to or from arterial streets, as determined by the Board to be appropriate.
F. 
Subdivisions that adjoin or include existing streets that do not conform to widths shown on the Master Plan or Official Map or as required by this chapter shall dedicate additional width along either one or both sides of said street. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
G. 
Dead-end streets (culs-de-sac) shall not exceed 600 feet in length and shall provide a turnaround at the end with a radius of not less than 50 feet at the curbline and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a turnaround shall be provided with a fifty-foot radius tangent to the right side of the street and provision shall be made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
H. 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets or places within the Borough of Folsom.
I. 
Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a grade of less than 1/2 of 1%.
J. 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
K. 
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

§ 170-15 Street intersections.

A. 
Angle at intersections. Streets or roads connecting with any road in the Borough shall be at right angles in the case of arterials and collectors. All other streets shall be at right angles wherever possible, but not less than 60° (measured at the center line of street or road). The block corner at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet. Access road connections shall be at the safest possible angle as determined by the Borough Engineer.
B. 
Spacing. Two new streets connecting with existing Borough streets shall be required for a subdivision or development where frontages in excess of 800 feet are present. Streets shall connect with same side of a Borough street at intervals of 600 feet, unless waived to increase safety by the specific recommendation of the Borough Engineer. In determining the spacing of streets, consideration shall be given to the intersections on all sides of the development. If possible, streets which connect with the existing road system from opposite sides of a Borough road shall not be offset; they shall be separated by at least 200 feet between their center lines.
C. 
Grading. The minimum practical grade as established by the Borough Engineer to effect safe stopping under icing conditions shall be maintained on streets connecting with existing streets at their approaches to the intersection. Grades shall be designed to direct surface drainage away from the existing streets unless intercepting underground drainage facilities are provided to prevent flow of water over the street surfaces.

§ 170-16 Stormwater pockets.

The subdivider shall make provisions for filling in all stormwater pockets, holes or areas in which stormwater may collect in conformance with the lot grading plan.

§ 170-17 Flood control. [1]

The land subject to flooding and land deemed by the Planning Board to be uninhabitable shall not be platted for residential construction or occupancy in accordance with N.J.S.A. 58:16A-50 et seq., nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard. However, such land within the plat may be set aside for such uses as will not be endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions.
[1]
Editor's Note: See also Ch. 111, Flood Damage Prevention.

§ 170-18 Waterfront subdivision.

A. 
No subdivision shall be named or designated in such a manner as to indicate that the subdivision is of a waterfront or lakefront character if the lands in question are not capable of waterfront or lakefront development.
B. 
Lakes or ponds to be shown on a subdivision plan shall have sufficient source of supply and runoff to prevent drying up and stagnation.
C. 
Creation of lakes or ponds shall be accomplished in a manner acceptable to and approved by the Planning Board and the Department of Environmental Protection.

§ 170-19 Fill.

No trees, brush or debris shall be used as land fill or in lieu thereof, nor shall any land filling operation be performed in such a manner as to cover unremoved trees and debris on any streets, lots or otherwise.

§ 170-20 Wetlands.

[Amended 9-28-1989 by Ord. No. 223]
No development, except for those uses which are specifically authorized in § 200-42A of Chapter 200, Zoning, shall be permitted in a wetland or within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in § 200-42B of Chapter 200, Zoning.

§ 170-21 Street continuation.

A. 
All streets or roads which are designed to become part of the street or road system of the Borough of Folsom as shown on the preliminary and final plans shall be coterminous with adjoining links to said system. The street pattern shall provide for connections to surrounding property to interlink future residential streets.
B. 
Dead-end streets shall be avoided wherever possible. If their use is unavoidable, all such streets and roads serving several otherwise isolated lots where necessary, in the opinion of the Borough Engineer and the Planning Board, shall have a circular turning space at the end with a minimum radius of 50 feet at the curbline, and if sidewalks need to be provided for, the overall minimum radius of the right-of-way shall be 60 feet. Where future street extensions result in a dead-end street, the road surface may be paved full width of the right-of-way for temporary turning movements if required by the Borough Engineer.

§ 170-22 Public use and service areas.

A. 
Easements along side or rear property lines or elsewhere for utility installation and maintenance or for access to a public use area or facility may be required. Such easements shall be at least 25 feet wide and located in consultation with the companies or municipal departments concerned. All such easements shall be approved by the Board.
B. 
Where a subdivision is traversed by a watercourse, drainageway, channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose and shall conform to comprehensive plans for these facilities in the Borough, if such exists or should hereafter be adopted.
C. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.

§ 170-23 Blocks.

A. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 200, Zoning, and to provide for convenient access, circulation control and safety of street traffic but in no case shall be less than 400 feet nor more than 1,200 feet in length.
B. 
Pedestrian crosswalks may be required in locations deemed necessary by the Planning Board in order to provide access to schools, recreation areas, shopping facilities, transportation facilities, churches and other community facilities. Such walkway shall be 10 feet wide and shall provide a visual connection from street to street.
C. 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

§ 170-24 Lots.

A. 
Lot dimensions and area shall not be less than the requirements of Chapter 200, Zoning.
B. 
Side lot lines shall be substantially at right angles to straight street lines and radial to curved street lines.
C. 
Each lot must front upon an accepted street at least 50 feet in width.
D. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street line, and all setbacks shall be measured from such line.
E. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, topography, internal drainage, flood conditions or similar circumstances, the Board may, after adequate investigation, withhold approval of such lots. The Board may require certification by a professional engineer, substantiated with soil borings, that the soil has sufficient bearing capacity for building foundations.
F. 
Corner lots for residential use shall have additional width in order to accommodate the requirements of Chapter 200, Zoning, of the Borough Code for front yard setbacks on both streets.

§ 170-25 Environmental impact statement.

A. 
An environmental impact statement (EIS) is required in standard site plans where the project involves 10 dwelling units or more, 20 or more parking spaces, or involves the demolition of existing buildings. The purpose of this EIS is to disclose the environmental consequences of a proposed action by an applicant. This requirement is made in order to protect the historic and natural environment with respect to water quality, water supply, soil erosion, pollution of all kinds, flooding and waste disposal. The intent is to preserve trees and vegetation, to protect water sources, air resources and aquifers and the historic heritage of the Borough, as far as is reasonably possible, consistent with the zoning of the tract.
B. 
Environmental impact statement shall include a response to the following items pertaining to a proposed development (said proposal shall be consistent with all other standards included in this chapter):
(1) 
Soil types.
(a) 
USDA soil types (shown on map) or, alternately, soil boring logs at a frequency of one per acre.
(b) 
Permeability of soil on the site.
(c) 
Rate of percolation of water through the soil for each acre.
(2) 
Surface waters.
(a) 
Distance of site from nearest surface water.
(b) 
Sources of runoff water.
(c) 
Rate and volumes of runoff from the site.
(d) 
Destination of runoff water and method of controlling effects.
(e) 
Chemical additives to runoff water on the site.
(f) 
Submission of an erosion and sediment control plan.
(3) 
Ground cover, including trees.
(a) 
Extent of existing impervious ground cover on the site.
(b) 
Extent of proposed impervious ground cover on the site.
(c) 
Extent of existing vegetative cover on the site.
(d) 
Extent of proposed vegetative cover on the site.
(4) 
Topography.
(a) 
Maximum existing elevation of site.
(b) 
Minimum existing elevation of site.
(c) 
Maximum proposed elevation of site.
(d) 
Minimum proposed elevation of site.
(e) 
Description of proposed change in topography and anticipated effect.
(5) 
Groundwater.
(a) 
Average depth to seasonal high water table.
(b) 
Minimum depth to water table on site.
(c) 
Maximum depth to water table on site.
(6) 
Water supply.
(a) 
The source, pressure and adequacy of water to be provided to the site.
(b) 
The expected water requirements (GPD) for the site.
(c) 
The uses to which water will be put.
(7) 
Sewage disposal system.
(a) 
Sewage disposal system (if on site, description and location on the site of system).
(b) 
Expected content of the sewage effluents (human waste, pesticides, detergents, oils, heavy metals, other chemicals).
(c) 
Expected daily volumes of sewage.
(d) 
Affected sewage treatment plant's present capacity and authorized capacity.
(8) 
Solid waste.
(a) 
Estimated quantity of solid waste to be developed on the site during and after construction.
(b) 
Method of disposal of solid waste during and after construction.
(c) 
Plans for recycling of solid waste during and after construction.
(9) 
Air quality.
(a) 
Expected changes in air quality due to activities at the site during and after construction.
(b) 
Plans for control of emissions affecting air quality.
(10) 
Noise.
(a) 
Noise levels, above existing levels, expected to be generated at the site (source and magnitude) during and after construction.
(b) 
Proposed method for control of additional noise on-site during and after construction.
(c) 
Proposed hours of construction.
(11) 
Impact of proposed development.
(a) 
Existing plant species and habitat classification with effects thereon.
(b) 
Existing animal species and effects thereon.
(c) 
Existing wildfowl and other birds and effects thereon.
(d) 
Effects on drainage and runoff.
(e) 
Effects on groundwater quality.
(f) 
Effects on situation of surface waters.
(g) 
Effects on surface water quality.
(h) 
Effects on air quality.
(i) 
Alternatives to proposed development, consistent with the zoning of the tract.
(j) 
Effects on sites of historic significance.
(12) 
Critical impact areas. (In addition to the above, plans should include any area, condition, or feature, which is environmentally sensitive, or which if disturbed during construction would adversely affect the environment.)
(a) 
Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 15%, highly acid or highly erodible soils, areas of high water table, and mature stands of native vegetation aquifer recharge and discharge areas.
(b) 
A statement of impact upon critical areas and of adverse impacts which cannot be avoided.
(c) 
Environmental protective measures, procedures and schedules to minimize damage to critical impact areas during and after construction.
(d) 
A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each.
(e) 
A listing of steps proposed to minimize environmental damage to the site and region during construction and operation.
(13) 
Traffic and parking.
(a) 
Existing daily traffic volumes on all streets within four blocks of the proposed site.
(b) 
Existing traffic-carrying capacity of all streets within four blocks of the site.
(c) 
Available public parking within four blocks of the site (include public parking lots and legal on-street parking).
(d) 
Show traffic volumes to be generated by the proposed project.
(e) 
A description of the proposed routes for deliveries of materials and equipment to be used in connection with the construction of the proposed buildings or structures.
(14) 
Land use and density.
(a) 
Show the total number of dwelling units on each block within a two-block radius (show motel units as a separate count).
(b) 
Show the location of any residential structures within a two-block radius which contain 10 or more dwelling units (include motels as a separate category).
(c) 
Show on a block-by-block basis within a two-block radius the net density (dwelling units per acre).
(d) 
Show the change in density in the immediate and surrounding blocks attributable to the proposed project.
(e) 
Show the location of the nearest shopping area.
(15) 
Utilities.
(a) 
Submit letters from the utility companies certifying their ability to serve the project with:
[1] 
Sewer.
[2] 
Water.
[3] 
Electric.
[4] 
Oil or gas.
(16) 
A listing of adverse environmental impacts which cannot be avoided, including:
(a) 
Water quality.
(b) 
Air quality.
(c) 
Noise.
(d) 
Undesirable land use patterns.
(e) 
Damage to or destruction of significant plant or wild life systems.
(f) 
Aesthetic values.
(g) 
Destruction of natural resources.
(h) 
Displacement of viable farms.
(i) 
Destruction of man-made resources.
(j) 
Disruption of desirable community and regional growth.
(k) 
Health, safety and well-being of the public.
(17) 
Each EIS shall have on its cover page the following which shall be filled in by the individual responsible for its preparation:
PROJECT NAME:
LOCATION:
PREPARED BY:
(licensed professional architect, engineer or planner)
SEAL:
DATE SUBMITTED:
(18) 
No EIS shall be accepted as complete unless all questions are answered fully and the EIS is signed and sealed as per Subsection B(17).

§ 170-26 Items required.

The statement shall include:
A. 
The reason for the project.
B. 
An inventory of existing environmental conditions at the project site and in the surrounding region, which shall describe:
(1) 
Air quality;
(2) 
Water quality;
(3) 
Water supply;
(4) 
Soil type(s);
(5) 
Topography;
(6) 
Vegetation;
(7) 
Wildlife;
(8) 
Aquatic organisms (if any);
(9) 
Ecology;
(10) 
Present population density;
(11) 
Land use (present);
(12) 
Aesthetics;
(13) 
History (if applicable);
(14) 
Archaeology (if applicable);
C. 
If there is to be development, a project description which shall specify what is to be done and how it is to be done, during construction and operation.
D. 
A listing of all licenses, permits or other approvals as required by law and the status of each.
E. 
An assessment of the probable impact of the development upon all topics described in Subsection B.
F. 
A listing of adverse environmental impacts which cannot be avoided, including:
(1) 
Water quality;
(2) 
Air quality;
(3) 
Noise;
(4) 
Undesirable land use patterns;
(5) 
Damage to or destruction of significant plant or wild life systems;
(6) 
Aesthetic values;
(7) 
Destruction of natural resources;
(8) 
Displacement of viable farms;
(9) 
Destruction of man-made resources;
(10) 
Disruption of desirable community and regional growth;
(11) 
Health, safety and well-being of the public.

§ 170-27 Fees, costs and escrows.

[Amended 2-9-1984 by Ord. No. 167; 4-12-1984 by Ord. No. 168; 8-9-1984 by Ord. No. 173; 6-11-1998 by Ord. No. 216A]
The following schedule of fees and escrows is established:
A. 
The applicant, at the time of filing a submission to the Planning Board, shall pay to the Borough of Folsom the required application fees and escrows. The application fees are nonrefundable. The escrows will be paid to the Borough and are held to cover the costs of Board professional services, administrative cost, and other expenses.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The required escrows are estimates, and the actual amounts needed may be less than or more than the amounts indicated. Any escrow funds not used will be returned to the applicant at the conclusion of the matter without interest. If the escrow funds are substantially depleted before the conclusion of the matter, the applicant will be required to post additional funds in order to return the escrows to the original required amounts and to have the matter proceed.
C. 
If at the conclusion of the matter there are not sufficient escrow funds to cover all costs of the Borough, a bill for such deficiency will be submitted to the applicant and will be paid immediately. In the event it is necessary for the Borough to file suit to collect any unpaid costs, the applicant will be responsible for all costs of collection, including reasonable attorney's fees. The Borough may enforce payment by the withholding of building permits or certificates of occupancy.
D. 
Where one submission includes more than one application or request for relief, or where preliminary and final approval is sought simultaneously, the applicant shall be responsible for payment of the sum of all of the individually required fees and escrows. The Board may, however, waive any portion of the required escrows where it appears reasonably likely that the full amount normally required would not be necessary. The applicant would not be relieved of the obligation to post the full required escrow amounts should the Board subsequently determine it necessary. Also, the applicant would still remain responsible for paying the actual amount of Board expenses and costs.
E. 
Application fee and escrow amounts.
[Amended 11-9-2005 by Ord. No. 17-2005]
Category
Application
Escrow
Minor subdivision
$150 plus $20 per lot
$500
Major subdivision
Preliminary
$400 plus $25 per lot
$4,000
Final
$400 plus $25 per lot
$1,000
Site plans
Nonresidential, preliminary (square feet of building)
Under 5,000
$500
$2,000
From 5,001 to 10,000
$600
$2,500
From 10,001 to 50,000
$800
$3,000
From 50,001 to 100,000
$900
$4,000
Greater than 100,000
$1,000
$5,000
Residential
Up to 25 units
$400 plus $25 per unit
$2,500
25 or more units
$600 plus $25 per unit
$3,500
Final
$500
$1,000
Informal meeting / review
$200
"C" variance
$200
$500
"D" variance
$200
$500
Appeal of Zoning Officer's decision
$200
$500
Interpretation of Zoning Ordinance
$200
$500
Tax Map update (for all applications which would result in a change to the Borough Tax Map)
$50 per lot
F. 
Inspection and escrow. Upon final approval, the applicant shall pay to the Borough an inspection fee equal to the percentage listed below:
Estimated Cost of Construction
Maximum Inspection Fee
$0 to $10,000
7%
$10,000 + to $20,000
6%
$20,000 + to $50,000
5%
$50,000 + to $100,000
4 1/2%
$100,000 + to $300,000
4%
$300,000 +
3 1/2%

§ 170-28 Amending this chapter.

[Added 9-28-1989 by Ord. No. 223]
In amending this chapter, the Borough shall comply with all the requirements of N.J.A.C. 7:50-3.45.

§ 170-29 Checklist.

[Added 7-13-2005 by Ord. No. 14-2005]
All applications to the Planning Board shall be reviewed for completeness in accordance with the adopted checklist.[1] The checklist shall be made available to all applicants.
[1]
Editor's Note: The Application Checklist is included at the end of this chapter.

§ 170-30 Conservation subdivision ("clustering").

[Added 9-12-2007 by Ord. No. 15-2007]
A. 
Purpose.
(1) 
The purpose of this section is to permit the development of single-family residential patterns known as "conservation subdivisions," also referred to as "cluster subdivisions," which, through design innovation, will provide an alternate means of residential development in the F-20, F-30 and RD Zoning Districts. Use of this section shall result in no more units permitted on the site than would be permitted under conventional zoning. The objectives for conservation subdivision design are to:
(a) 
Allow for greater flexibility and creativity in the design of residential subdivisions, provided that the overall density of the development is no greater than that which is normally allowed in the zone;
(b) 
Encourage the permanent preservation of open space, agricultural lands, forest lands, and other natural resources, and historic and environmental features, and encourage a less-sprawling form of development that consumes less open land;
(c) 
Facilitate the construction of streets, utilities and public services in a more economical and efficient manner;
(d) 
Ensure that residential developments respect the natural features of the land, including wetlands, watercourses, forests, agricultural land, steep slopes, plants, wildlife, historic sites, scenic areas and rural character; and
(e) 
Provide wildlife corridors and open space areas connecting to adjacent open space areas.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMON FACILITIES
Includes recreational facilities, stormwater management facilities, common parking areas and driveways, private streets and other common or community facilities within a conservation subdivision.
COMMON OPEN SPACE
Undeveloped land within a conservation subdivision that has been dedicated, reserved or restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the subdivision or, if dedicated to a public agency, for public use as specified by that agency. Uses shall be limited to low-intensity recreation, as defined in N.J.A.C. 7:50-2.11. Common open space shall not be part of individual residential lots and shall be substantially free of structures.
CONSERVATION EASEMENT
The grant of a property or the interest from a property owner to another person, agency, unit of government or organization stipulating that the described land shall remain in its natural, scenic, open or wooded state and precluding any future or additional development.
CONSERVATION SUBDIVISION
A development that concentrates residential lots and uses on specific portions of a development site by permitting lots smaller than the otherwise required minimum lot size for the zoning district in order to reserve the remaining land as common open space where use of such open space is restricted by easement or some other legal mechanism.
PRIMARY CONSERVATION AREA
Consists of unbuildable acres such as wetlands, water bodies, floodplains and steep slopes.
SECONDARY CONSERVATION AREA
Consists of lands whose features make them desirable for preservation, including but not limited to mature woodlands, upland buffers around wetlands and water bodies, prime farmland, natural meadows, critical wildlife habitats and sites of historic, cultural or archaeological significance.
YIELD PLAN
A plan, prepared in accordance with underlying zoning and subdivision regulations, which documents and quantifies the permitted number of units for a given parcel.
C. 
Approval of conservation subdivision housing plans. The Planning Board shall allow conservation subdivision development on parcels of 10 acres and larger. As part of the development plan for such a conservation subdivision, individual lot sizes may be reduced in return for the preservation of open space. The developer shall submit a written application to the Planning Board for a conservation subdivision. The application shall include the following:
(1) 
A yield plan showing the layout as a standard subdivision that conforms to all of the bulk and area requirements of the underlying F-20, F-30 or RD Zone.
(2) 
A conservation subdivision plan, utilizing the number of units generated in the yield plan in Subsection C(1) above and indicating open space and significant natural features.
(3) 
All other information required to be shown on maps as specified in the appropriate sections of the Land Use Ordinance of the Borough of Folsom, including the following:
(a) 
The name(s) of the owner and the applicant;
(b) 
The number of lots in the proposed subdivision;
(c) 
The bulk and area requirements of the zoning district;
(d) 
All existing structures within the boundary of the proposed subdivision as well as within 200 feet of the boundary of the subdivision;
(e) 
Existing wooded area within the boundary of the development;
(f) 
The names and addresses of all adjoining landowners;
(g) 
All wetlands, wetlands buffer and transition areas, water bodies and stream corridors within 200 feet of the boundary of the development;
(h) 
Existing utility easements, floodplain easements, conservation easements and public and private rights-of-way;
(i) 
Existing and proposed streets and other improvements;
(j) 
Soil types and classifications;
(k) 
Topography with existing and proposed drainage patterns;
(l) 
Area(s) to be set aside for stormwater management;
(m) 
All other items as required by the Pinelands Commission in accordance with N.J.A.C. 7:50-4.1 et seq.
(4) 
A statement as to the provisions for responsibility of the open space.
D. 
Standards for conservation subdivision development.
(1) 
Conservation subdivisions shall meet all requirements for a subdivision and all other applicable municipal ordinances, except for lot size and frontage.
(2) 
Each structure shall be an element of an overall plan for site development. Only developments having a total site plan for structures will be considered. The applicant shall illustrate the placement of structures and the treatment of spaces, paths, roads and parking areas and in doing so shall take into consideration all requirements of this section.
(3) 
No lot shall be smaller than one acre. No lot shall be larger than two acres.
(4) 
All lots within a conservation subdivision shall meet the following bulk requirements:
Standard
Requirement
Lot frontage
100 feet
Lot depth
150 feet
Building setbacks
Front yard
40 feet
Side yard
25 feet
Rear yard
30 feet
Building coverage
10%
Impervious coverage
30%
(5) 
Each structure shall be integrated into the existing landscape on the parcel so as to minimize its visual impact through the use of vegetative screening and landscaping using compatible trees and shrubs.
(6) 
All portions of the parcel not used for building lots shall be placed in protected common open space in accordance with Subsection F of this section, but not less than 75% of the total parcel area shall be designated open space.
E. 
Design standards for the development site.
(1) 
The area of the parcel slated for residential development should be as small as possible so as to maximize the open space benefits.
(2) 
The area selected for construction shall be that portion of the tract where development will cause the least environmental impacts, including but not limited to the following:
(a) 
To the extent practical, the farthest possible distance from:
[1] 
Wetlands and wetland buffers.
[2] 
Known habitats for threatened and endangered species.
[3] 
Adjacent open space.
[4] 
Other environmental assets such as those categorized as secondary conservation areas.
(b) 
In proximity to:
[1] 
Other development.
[2] 
Roads.
[3] 
Infrastructure.
[4] 
Other disturbed areas.
F. 
Design standards for common open space. On all parcels developed under the conservation subdivision option, at least 75% of the total parcel area shall be set aside as protected common open space. Protected common open space shall meet the following design standards:
(1) 
The location of the common open space shall be consistent with the objectives of the Municipal Master Plan and, if one has been prepared, the Municipal Open Space Plan.
(2) 
All open space areas shall be part of a larger contiguous and integrated open space system within the parcel being developed.
(3) 
Where possible, all dwelling units shall have access to common open space and preservation areas without the obstruction of intervening lots, structures, fences or other impediments to pedestrians. Access to open space may be provided by pedestrian easements rather than direct access.
(4) 
The common open space area shall maximize common boundaries with existing open space on adjacent lands. It shall also maximize common boundaries with future open space on adjacent lands as shown in the Municipal Master Plan, County Open Space Plan or the Master Plan of an adjacent municipality.
(5) 
Common open space may be used for low-intensive recreational uses, as defined in N.J.A.C. 7:50-2.11, for the use of residents of the development. In cases where the preserved open space has been dedicated to the municipality or some other entity, that party may, at its discretion, permit access to other residents of the town for low-intensity recreational uses.
(6) 
Natural features shall generally be maintained in their natural condition but may be modified to restore their overall condition and natural processes as recommended by a natural resource professional and in compliance with an approved open space management plan as described in Subsection F(3). Permitted modifications may include the following activities conducted in accordance with the standards authorized by the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50:
(a) 
Woodland management;
(b) 
Reforestation;
(c) 
Wetlands management;
(d) 
Streambank stabilization and protection;
(e) 
Buffer area landscaping.
G. 
Ownership and maintenance of common open space and facilities. To ensure adequate planning for ownership, operation and maintenance of common open space, the following regulations shall apply:
(1) 
Ownership. Ownership methods shall conform to one of the following:
(a) 
Homeowners' association. Common open space and facilities shall be held in common ownership as undivided proportionate interests by the members of a homeowners' association.
(b) 
Fee-simple dedication to a public agency. The municipality or any other public agency acceptable to the municipality may, but shall not be required to, accept any portion of the common open space and facilities.
(c) 
Dedication of conservation easement to a public agency. The municipality or any other public agency acceptable to the municipality may, but shall not be required to, accept any portion of the common open space facilities.
(d) 
Fee-simple dedication to a nonprofit conservation organization. With the approval of the municipality, an applicant may dedicate any portion of the common open space and facilities to a nonprofit conservation organization.
(e) 
Ownership retained by the original landowner. Ownership of common open space and facilities may be retained by the original landowner, provided that the municipality and residents of the development shall hold conservation easements on the land protecting it from further development.
(f) 
Other methods acceptable to the Planning Board upon recommendation to the Municipal Solicitor.
(2) 
Maintenance and operation of common facilities.
(a) 
A plan and narrative for the use, maintenance and insurance of all common open space and facilities, including provisions for funding, shall be provided to and approved by the Planning Board prior to preliminary plat approval. Such plan shall:
[1] 
Define ownership.
[2] 
Establish necessary regular and periodic operation and maintenance responsibilities.
[3] 
Estimate staffing needs, insurance requirements and other associated costs and define means for funding the same on an ongoing basis.
[4] 
Include an open space management plan specifically focused the long-term management of the open space. A draft plan shall be submitted with the final plat. The open space management plan shall comply with the requirements of Subsection G(3).
[5] 
At the discretion of the Planning Board, the applicant may be required to place in escrow sufficient funds for the maintenance and operation of common facilities for one year.
(b) 
In the event that the association established to own and maintain common open space and facilities, or any successor organization thereto, fails to properly maintain all or a portion of the aforesaid common open space and facilities, the municipality may serve written notice upon such association setting forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the specified time frame, the association, or any successor organization, shall be considered in violation of this section, in which case the municipality shall have the right to enter the premises and take corrective action. The costs of corrective action by the municipality shall be assessed against the properties that have the right of enjoyment of the common open space and facilities.
(3) 
Open space management plan. The open space management plan shall include a narrative describing:
(a) 
Existing conditions, including all natural, cultural, historic and scenic elements in the landscape; and
(b) 
Objectives for each common open space area, including:
[1] 
The proposed end state for the area and the measures proposed for achieving the end state;
[2] 
Proposed restoration measures, including:
[a] 
Measures for correcting increasingly destructive conditions, such as erosion.
[b] 
Measures for restoring historic features.
[c] 
A maintenance and operations plan identifying activities needed to maintain the stability of the resources, including mowing schedules, weed control measures, planting schedules and clearing and cleanup measures and schedules.