[Ord. No. 94-29 § 118-10.1; Ord. No. 6-22-OAB § 1; Ord. No. 09-15-OA § 1]
In all zones, for all proposed uses, subdivision, site development
or construction, other than a single family or two family residential
use and site plan, an exempt development, site plan and/or subdivision
approval shall be required prior to:
a.
Subdivision of land.
b.
The issuance of a building permit for any new structure or for any
addition to or alteration of an existing structure.
c.
Any change of use of land or structure to a use for which any of
the standards of this chapter are more restrictive or stringent. Unless
otherwise specified by Resolution of the Planning Board or Board of
Adjustment, a change from one listed permitted use in a nonresidential
zone to another listed permitted use in the same zone on property
developed under a prior site plan approval shall not require additional
site plan approval, provided that the parking requirement for the
new use is equal to or less than that for the previous use, or that
the existing off-street parking on the site meets the parking requirement
for the new use.
d.
Any expansion of the total number of employees, number of employees
in any shift or the number of vehicles to be stored or parked on the
site exceeding 15% of the amount existing at the time of passage of
this chapter or as set forth at the time of a previous site plan approval.
e.
The construction or alteration of or addition to any off-street parking
area which provides an increase of five or more vehicle parking spaces.
[Ord. No. 94-29 § 118-10.2]
a.
Application shall first be made to the Zoning Officer for issuance
of a zoning permit by any person wishing to undertake any of the following:
1.
Subdivision of land.
2.
Construct a new building or structure.
3.
Add to or structurally alter any existing building.
4.
Change the use on any land or within any building or structure.
5.
Any expansion of the total number of employees, number of employees
in any shift or the number of vehicles to be stored or parked on the
site exceeding 15% of the amount existing at the time of passage of
this chapter or as set forth at the time of a previous site plan approval.
6.
Construct, add to or alter any parking area, signs, lighting, drainage
facility or any other site improvement above and/or below ground level.
7.
Alter the existing condition of any parcel of land.
b.
If the Zoning Officer shall determine that the proposed undertaking
is an exempt development which conforms in all aspects to the requirements
of this chapter and does not require direction for issuance of a building
permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 (Municipal Land
Use Law), he shall issue a zoning permit, and the applicant may then
apply for a building permit and/or other permits that may be required.
c.
If the Zoning Officer shall determine that the proposed undertaking
is an exempt development but does not conform in all aspects to the
requirements of this chapter and/or requires direction for issuance
of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36,
he shall instruct the applicant that Board of Adjustment approval
of an application for development for variance and/or direction for
issuance of a building permit is required before a zoning permit may
be issued allowing the applicant to apply for a building permit and/or
other permits that may be required.
d.
If the Zoning Officer shall determine that the proposed undertaking
is not an exempt development, he shall instruct the applicant that
Planning Board or Board of Adjustment approval of an application for
development is required. He shall further advise the applicant which
Board has jurisdiction over the application for development and which
of the following approvals are required:
e.
The Planning Board or Board of Adjustment may hear and act upon any
requests for granting of variances, conditional use approval and/or
direction for issuance of a building permit at the same time that
it hears and acts upon a minor subdivision, minor site plan, preliminary
plat of a major subdivision or a preliminary plat of a major site
plan. No such action shall be taken simultaneously with any action
on a sketch plat of a major subdivision or major site plan. Such simultaneous
action shall not be taken in conjunction with a final plat of a major
subdivision or major site plan unless revisions in the plat subsequent
to preliminary plat approval shall have created the need for such
simultaneous action.
[Ord. No. 94-29 § 118-10.3]
Any person who desires to obtain approval of a site plan or
subdivision may request to be scheduled at a conference meeting of
the Planning Board for an informal discussion of the proposed development.
The purpose of the informal discussion shall be to establish general
guidelines to be followed by the applicant in preparing the submission.
[Ord. No. 94-29 § 118-10.4A]
All applications for development shall be submitted to the Board
Secretary and shall be accompanied by the following:
a.
Three copies of a fully completed and signed application form.
b.
Three copies of the appropriate checklist for development fully completed.
c.
Fifteen copies of minor/major subdivision/site plan, as the case
may be.
e.
Written certification from the Township Tax Collector that all real
estate taxes are current on the subject property.
[Ord. No. 94-29 § 118-10.4B]
All applications for development shall be submitted to the Board Secretary who shall review same for compliance with the submission requirements in Subsection 35-31.1. Upon completion of the review, the Board Secretary shall immediately forward one copy each of the application, plat and attachments to the Township Planner and one copy of the application, plat and attachments to the Board Engineer.
[Ord. No. 94-29 § 118-10.4C]
The Board Engineer and the Planner shall review applications
for development for site plans, subdivisions and conditional uses
and shall advise the applicant of any deficiencies in the submission.
Fifteen copies of revised plans and attachments, which correct all
deficiencies shall be resubmitted to the Board Secretary.
[Ord. No. 94-29 § 118-10.4D]
When all submission requirements have been fulfilled the Board
Engineer shall issue a certificate of completeness and schedule the
application for development for consideration by the Planning Board
or Board of Adjustment.
[Ord. No. 94-29 § 118-10.4E]
a.
After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth within Article VII of this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board or Board of Adjustment approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
b.
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Board Engineer determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in Article VI of this chapter.
[Ord. No. 94-29 § 118-10.4F]
In acting upon an application for development for a subdivision
or site plan, the Planning Board shall consider whether the submittal
complies with the following goals and objectives:
a.
The proposed use is consistent with the Master Plan.
b.
The plat submission contains all of the information and data required
by this chapter.
c.
The details and improvement standards of the plat are in accord with
the standards of this chapter.
d.
Adequate provision is made for safe and convenient vehicular traffic
access, circulation and parking.
e.
Adequate provision is made for safe and convenient pedestrian circulation.
f.
Ingress and egress for the site will not unduly impede or obstruct
the flow of traffic on public streets.
g.
Adequate provision has been made for the collection and disposal
of stormwater runoff and the proposed drainage facilities have been
approved by the Board Engineer.
h.
In all nonresidential projects, adequate provision has been made
to screen adjoining residential properties from any adverse effects
that might result from outdoor lighting, buildings, parking areas,
refuse storage areas, recreation areas, equipment areas, bulk storage
areas or similar utilities or structures located on the site.
i.
Adequate provision has been made for compliance with the performance
standards of this chapter.
j.
Adequate provision has been made to provide structures and uses of
a quality and design which will not produce adverse effects on existing
developments in the surrounding area or future uses designed for the
surrounding area in the Master Plan.
[Ord. No. 94-29 § 118-10.4G]
Approvals of all applications for development shall not be valid
until all of the following have taken place:
a.
The Board Engineer shall certify that all conditions of approval
have been satisfied.
b.
In the case of applications for development for site plans and subdivisions,
the applicant shall submit the reproducible original of the plat for
the signature of the Chairman and Secretary or Assistant Secretary
of the Planning Board or Board of Adjustment and the Township Engineer.
c.
The applicant shall cause three copies of the signed plat and attachments
to be reproduced. One copy shall be retained in the files of the Board
Secretary, one copy shall be retained in the files of the Township
Engineer and one copy shall be retained in the files of the Township
Assessor.
d.
After signature and reproduction, the Board Engineer shall receive
one reproducible original of the plat.
[Ord. No. 94-29 § 118-10.5A; Ord. No. 01-21-OAB § 8]
Prior to the issuance of a certificate of completeness or scheduling
of a minor subdivision for consideration by the Board, the Board Engineer
shall determine that the following has been submitted in proper form:
a.
The signature and seal of a professional land surveyor licensed to
practice in the State of New Jersey.
b.
The fully executed and notarized statement indicating "I/we certify
that we are the record holders of title to the lands delineated on
this map and approve the filing thereof."
c.
A schedule of zone requirements for each lot proposed to be created
by the subdivision plat.
d.
A list of required regulatory approvals including, but not limited
to:
e.
The application for development for a minor subdivision shall include
a request for the granting of any variances required or other approval
required from the Board.
f.
Required application fees.
g.
Required Minor Subdivision Checklist and all information required
therein.
h.
Proof of payment of real estate taxes.
i.
Required number of plans and application forms.
[Ord. No. 94-29 § 118-10.5B]
a.
General Requirements. The plat for a minor subdivision shall be drawn
at a scale of not less than 100 feet to the inch, shall conform to
the provisions of Chapter 141 of the Laws of 1960 of the State of
New Jersey, as amended and supplemented, and shall include or be accompanied
by the information specified below.
1.
All dimensions, both linear and angular, of the exterior boundaries
of the subdivision. All lots and lands reserved or dedicated for public
use shall balance and their description shall close within a limit
of error of not more than one part in 10,000.
2.
The minor subdivision shall be based upon a current boundary survey
certified to by the subdivider and prepared or recertified not less
than 12 months prior to the date of application.
b.
Title Block. The title block shall appear on all sheets and shall
include:
1.
Title of "Minor Subdivision."
2.
Name of the subdivision, if any.
3.
Tax Map sheet, block and lot number(s) of the tract to be subdivided
as shown on the latest Township Tax Map, the date of which shall also
be shown.
4.
Acreage of the tract being subdivided to the nearest tenth of an
acre.
5.
Names and addresses of owner and subdivider so designated.
6.
Date of original and all revisions.
7.
Name(s), signature(s), address(es) and license number(s) of the engineer
and/or land surveyor who prepared the map and made the survey. The
plat shall bear the embossed seal of the engineer and/or land surveyor.
c.
Detailed Information.
1.
A key map at a scale of not less than one inch equals 2,000 feet
adequately showing the location of the site with reference to surrounding
areas, existing streets, the names of all such streets and any zone
boundary or Township boundary which is within 500 feet of the subdivision.
2.
The names of all owners of and property lines of parcels within 200
feet of the land to be subdivided, including properties across the
street, as shown by the most recent records of the Township of Berkeley,
or of the municipality of which the property is a part.
3.
All zone boundaries and Tax Map sheet, lot and block numbers, existing
streets and watercourses, floodplains, floodways and flood hazard
areas within 200 feet of the boundaries thereof, and both the width
of the paving and the width of the right-of-way of each street, existing
public easement and Township border within 200 feet of the subdivision.
4.
All existing structures, with an indication of those which are to
be destroyed or removed, and the front, rear and side yard dimensions
of those to remain, referenced to proposed lot lines.
5.
All proposed public easements, sight triangles or rights-of-way and
the purposes thereof.
6.
The existing system of drainage of the subdivision and of any larger
tract of which it is a part, together with information on how it is
proposed to dispose of surface drainage.
7.
All proposed lot lines and the areas of all lots in square feet.
The areas and dimensions specified shall be shown to the nearest hundredth
of a square foot or hundredth of a linear foot.
8.
North arrow.
9.
Written and graphic scales.
10.
Proposed lot and block numbers approved by the Tax Assessor.
11.
Location of significant physical features (wooded areas, water areas,
wetlands, etc.).
12.
Existing five foot (or less) interval contours based on USCGS datum
extending 100 feet beyond property boundary.
13.
Size: 30 x 42 inches, 24 x 36 inches, 15 x 21 inches and 8 1/2
x 13 inches.
14.
Dimensions, bearings and curve data shown for all streets.
15.
Tangents, chords, arc, radius and central angle of all street corners.
16.
Wetlands areas and their buffers delineated by area and metes and
bounds on each lot.
17.
Names of adjoining subdivisions, if any, and file numbers of the
recorded plats, or the name of owners of adjacent properties.
18.
All monumentation shown.
19.
Affidavit of consent of record holders of title.
20.
Schedule of zone requirements and plan provisions.
21.
Signature block for Planning Board Chairman, Secretary and Engineer.
[Ord. No. 94-29 § 118-10.5E]
Any approval of an application for development for a minor subdivision
granted by the Planning Board shall be subject to the following conditions
being satisfied prior to signing of the plat or issuance of a development
permit:
a.
Installation of or posting of performance guarantees for the installation
of any improvements required by the Planning Board.
b.
Proof of payment of any outstanding real estate taxes.
c.
Ocean County Planning Board approval, if not previously granted.
d.
Sewerage Authority, MUA and/or Board of Health approval, if not previously
granted.
e.
Submission of additional prints of the plat map and attachments for
distribution, if required.
f.
Publication of a notice of the decision by the applicant.
g.
Any other conditions imposed by the Planning Board pursuant to the
resolution of memorialization or which may be required by Federal,
State or local law.
h.
When improvements are required in public rights-of-way, evidence
of a comprehensive general liability insurance policy in an amount
not less than $300,000 per occurrence, identifying and saving harmless
the Township and its agencies, employees and agents from any liability
for any acts of the subdivider or his agents, contractors or employees
in the implementing of the approved subdivision. The insurance policy
shall provide for 30 days' notice to the Township prior to cancellation.
It shall be a violation of this chapter for any property owner, subdivider
or builder to carry on the construction of a subdivision without having
current valid evidence of insurance on file.
[Ord. No. 94-29 § 118-10.5F]
In the event that the application for development for a minor
subdivision is approved, a certification to that effect in this form:
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Classified and approved as a minor subdivision by the Berkeley
Township Planning Board on ________.
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Chairman
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Attest:
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Secretary
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Date
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This plat (or a deed describing this subdivision) must be filed
in the office of the Clerk of Ocean County on or before ________,
which date is 190 days after approval as a minor subdivision by the
Berkeley Township Planning Board.
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Secretary
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shall be endorsed on the plat, and the original reproducible
thereof shall be provided to the Planning Board by the applicant.
Said original shall be signed by the Chairman and Secretary or Assistant
Secretary of the Planning Board and the Township Engineer (as to the
Map Filing Law certification) after they receive a certification from
the Board Engineer that the conditions of approval have been satisfied.
[Ord. No. 94-29 § 118-10.5G]
If the applicant desires to proceed with a subdivision for which
approval as a minor subdivision has been granted, he shall file with
the County Recording Officer a deed or an approved minor subdivision
plat, drawn in compliance with Chapter 141 of the Laws of 1960, as
amended and supplemented, within 190 days from the date of approval
by the Planning Board. The applicant shall, within one week after
filing the subdivision, notify, in writing, the Township Engineer
of the date of the filing of the subdivision with the County Recording
Officer and the case and sheet or page number for the filed plat or
deed. A duplicate tracing of the filed map or copy of the deed, indicating
thereon the filing date, shall be obtained from the County Recording
Officer by the applicant, who shall distribute copies of the filed
map to appropriate municipal officials. In the event that the subdivider
fails to so file within the period allowed, the approval of the plat
shall expire.
[Ord. No. 94-29 § 118-10.6A; Ord. No. 01-21-OAB § 9]
Prior to issuance of a certificate of completeness or scheduling
of a minor site plan for consideration by the Planning Board, the
Board Engineer shall determine that the following has been submitted
in proper form:
a.
The signature and seal of a professional land surveyor, engineer
or architect licensed to practice in the State of New Jersey.
b.
A schedule of zone requirements for the property which is the subject
of the application denoting required and provided conditions.
c.
A list of required regulatory approvals including, but not limited
to:
d.
The application for development for a minor site plan shall include
a request for the granting of any variances required or other approvals
required from the Planning Board.
e.
Required application fees.
f.
Required Minor Site Plan Checklist.
g.
Proof of payment of real estate taxes.
h.
Required number of plans and completed application forms.
[Ord. No. 94-29 § 118-10.6B; Ord. No. 01-21-OAB § 10]
a.
General Requirements.
1.
Any minor site plan presented to the. Planning Board for its approval
shall be drawn (on 11 x 17 inches, 24 inches by 36 inches, or 30 inches
by 42 inches), signed and appropriately sealed by an architect, professional
engineer, land surveyor and/or professional planner licensed to practice
in the State of New Jersey.
2.
Site plans shall not be drawn at a scale smaller than one inch equals
50 feet or larger than one inch equals 10 feet.
3.
The site plan shall be based on a monumented, current, certified
boundary survey with error of closure no greater than 1:10,000. The
date of the survey and the name of the person making same shall be
shown on the map. If 12 months or more have passed since the date
of (or date of last recertification of) the survey, it shall be recertified
and, if necessary, brought up-to-date.
b.
Title Block. The title block shall appear on all sheets and shall
include:
1.
Title of "Minor Site Plan."
2.
Name of the development, if any.
3.
Tax Map sheet, block and lot number of the site, as shown on the
latest Township Tax Map, the date of which should also be shown.
4.
Date of original and all revisions.
5.
Names and addresses of owner and developer, so designated.
6.
Name(s), signature(s), address(es) and license number(s) of engineer,
architect, land surveyor or planner who prepared the plat and their
embossed seal.
7.
If the site plan contains more than one sheet, each sheet shall be
numbered and titled.
c.
A schedule shall be placed on the site plan indicating:
1.
The acreage of the tract and site (the portion of the tract involved
in the site plan).
2.
The floor area of the existing and proposed building, listed separately.
3.
The proposed use or uses and the floor area devoted to each use.
4.
The zone in which the site is located.
5.
Proposed and required lot dimensions and front, rear and side setbacks.
6.
Proposed and required off-street parking spaces.
7.
Square footage and percentage of the site retained in unoccupied
open space.
d.
North arrow and written and graphic scales.
e.
Sufficient spot elevations (United States Coast and Geodetic data)
and/or contour lines to indicate the proposed system of surface drainage
and the relationship of proposed grading to the land surrounding the
site.
f.
The tops of the banks and boundaries of the floodways and flood hazard
areas of all existing watercourses, where such have been delineated,
or the limits of alluvial soils where the boundaries of floodways
and flood hazard areas have not been determined, and/or such other
information as may assist the Planning Board in the determination
of floodway and flood hazard area limits.
g.
Paving and right-of-way widths of existing streets within 200 feet
of the site.
h.
The boundary, nature and extent of wooded areas, swamps, bogs and
ponds within the site and within 200 feet thereof.
i.
All existing structures on the site and within 200 feet, including
the use thereof, indicating those to be destroyed or removed and those
to remain.
j.
Location, use, finished grade level, ground coverage, first floor
and basement elevations, front, rear and side setbacks of all buildings
and other pertinent improvements.
k.
Existing and proposed public easements or rights-of-way and the purposes
thereof.
l.
Zone boundaries and Tax Map sheet, lot and block numbers and names
of owners of all properties within 200 feet of the site.
m.
A key map adequately showing the location of the site with reference
to surrounding areas, existing streets, the names of all such streets
and any zone boundary or Township boundary which is within 200 feet
of the property.
n.
The capacity of off-street parking areas and the location and dimensions
of all access drives, aisles and parking stalls.
o.
The location and size of proposed loading docks.
p.
Location of curbs and sidewalks.
q.
Cross section(s) showing the composition of pavement areas, curbs
and sidewalks.
r.
Exterior lighting plan, including the location and drawn details
of all outdoor lighting standards and fixtures and a notation on the
plat indicating conformance or nonconformance with the minimum design
standards of the Township Land Development Ordinance.
s.
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized. For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 35-157d of this chapter.
t.
Location of signs and drawn details showing the size, nature of construction,
height and content of all signs.
u.
Drawn details of the type of screening to be utilized for refuse
storage areas, outdoor equipment and bulk storage areas.
v.
Floor plans and building elevation drawings of any proposed structure
or structures, or existing structures to be renovated.
w.
Written description of the proposed operations in sufficient detail
to indicate the effects of the use in producing traffic congestion,
noise, glare, air pollution, fire hazards or safety hazards. The written
description of the use, the number of shifts to be worked, the number
of employees in each shift, the number of vehicles to be stored or
parked on the site and provisions to be made for site maintenance.
x.
Copy of any existing deed restrictions, covenants or exceptions applicable
to the property.
[Ord. No. 94-29 § 118-10.6C]
Any approval of an application for development for a minor site
plan granted by the Planning Board shall be subject to the following
conditions being satisfied prior to signing of the site plan or issuance
of a development permit:
a.
Installation and approval of, or posting of performance guarantees
for the installation of, those improvements which are necessary to
protect adjacent property and the public interest in the event that
development of the site was not completed.
b.
Proof of payment of any outstanding real estate taxes.
c.
Ocean County Planning Board approval, if not previously granted.
d.
Bureau of Fire Prevention approval, if not previously granted.
e.
Berkeley Sewerage Authority, MUA and/or Board of Health, if not previously
granted.
f.
Submission of additional prints of the site plan and attachments
for distribution, if required.
g.
Payment of required reproduction fee.
h.
Filing of an appropriate instrument with the Ocean County Clerk consolidating
the lots constituting the site, if required.
i.
Publication of a notice of the decision by the applicant.
j.
Any other conditions imposed by the Planning Board pursuant to the
resolution of memorialization or which may be required by Federal,
State or local law.
k.
When improvements are required in public rights-of-way, evidence
of a comprehensive general liability insurance policy in an amount
not less than $300,000 per occurrence, indemnifying and saving harmless
the Township and its agencies, employees and agents from any liability
for any acts of the developer or his agents, contractors or employees
in the implementing of the approved site plan. The insurance policy
shall provide for 30 days' notice to the Township prior to cancellation.
It shall be a violation of this chapter for any property owner or
developer to carry on the construction of the site without having
current valid evidence of insurance on file.
[Ord. No. 94-29 § 118-10.6F]
In the event that the application for development for a minor
site plan is approved, a certification to that effect in this form:
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Approved as a minor site plan by the Berkeley Township Planning
Board on ________.
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Attest:
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Chairman
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Secretary
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Date
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Engineer
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Date
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shall be endorsed on the site plan, and the original reproducible
thereof shall be provided to the Planning Board by the applicant.
The original shall be signed by the Chairman and Secretary or Assistant
Secretary of the Planning Board after they receive certification from
the Board Engineer that all conditions of approval have been satisfied.
[Ord. No. 94-29 § 118-10.6G]
The approval of a minor site plan shall expire two years after
the date of approval.
[Ord. No. 94-29 § 118-10.7A]
Applicants are encouraged to submit a sketch plat of a major
subdivision or major site plan during the early design stages containing
that information necessary to form a basis for discussion of alternatives
for development. A detailed review of a sketch plat will minimize
the necessity of major revisions in the more detailed preliminary
plat submission. Application fees paid at the sketch plat submission
stage will be deducted from the required application fees at the preliminary
plat stage if submittal of the preliminary plat is made within one
year from the date of sketch plat approval.
[Ord. No. 94-29 § 118-10.7B]
Prior to issuance of a certificate of completeness or scheduling
of a sketch plat of a major subdivision or site plan for public hearing
before the Planning Board, the Board Engineer shall determine that
the following have been submitted in proper form:
[Ord. No. 94-29 § 118-10.7C]
a.
General Requirements. In the case of a subdivision, the sketch plat
shall be based on a land survey, a deed plotting, the current Tax
Map or other suitable base map and shall be drawn at a scale not less
than 100 feet to the inch for subdivisions up to 100 acres in size
and not less than 200 feet to the inch for subdivisions over 100 acres
in size and shall show or be accompanied by the information specified
below.
In the case of a site plan, the site plan shall be based on
a land survey, a deed plotting, the current Tax Map or other suitable
base map and shall be drawn at a scale not less than one inch equals
50 feet nor greater than one inch equals 10 feet. If the size of the
site would require the use of sheets larger than 30 inches by 42 inches
in order to show the entire site on one sheet, the detailed information
for the site plan shall be shown in sections on sheets not larger
than 30 inches by 42 inches, which sheets shall be keyed to an overall
plan of the site drawn at a scale of not less than one inch equals
200 feet.
b.
Title Block. The title block shall appear on all sheets and shall
include:
1.
Title of "Sketch Plat - Major subdivision or major site plan."
2.
Name of the project, if any.
3.
Tax Map sheet, block and lot number(s) of the tract to be subdivided
or the lots in question as shown on the latest Township Tax Map.
4.
Date of original and all revisions.
5.
Names and addresses of owner and applicant as designated.
6.
Name(s), signature(s), address(es) and license number(s) of the engineer
and/or land surveyor who prepared the map. The plat should bear the
embossed seal of the engineer and/or land surveyor.
c.
Detailed Information.
1.
A key map at a scale of not less than one inch equals 2,000 feet
adequately showing the location of the site with reference to surrounding
areas, existing streets, the names of all such streets and any zone
boundary or Township boundary which is within 200 feet of the subdivision
or site plan.
2.
A schedule should be placed on the map indicating the acreage of
the tract, the number of lots, the zone, the minimum required lot
areas, setbacks and dimensions.
3.
Zone boundaries, Tax Map sheet, lot and block numbers and property
lines of parcels within 200 feet of the land to be subdivided or developed,
including properties across the street, as shown by the most recent
records of the Township, or of adjoining municipalities.
4.
Existing mapped information relative to streets, watercourses, floodplains,
floodways and flood hazard areas within the proposed subdivision and
within 200 feet of the boundaries thereof, existing public easements
and Township borders within 200 feet of the subdivision.
5.
All existing structures, an indication of those which are to be destroyed
or removed.
6.
Existing mapped information relative to boundaries, nature and extent
of wooded areas and the location of any other significant physical
features, including swamps, bogs and ponds, within the proposed subdivision
and within 200 feet thereof.
7.
The layout of the proposed subdivision or site plan drawn in compliance
with the provisions of this chapter.
8.
All existing public easements or rights-of-way and the purposes thereof,
and proposed streets within the proposed subdivision or lot(s). The
proposed streets shall show the right-of-way width(s).
9.
The direction of surface flow and the system of drainage of the site
and of any larger tract of which it is a part.
10.
North arrow.
11.
Written and graphic scales.
12.
The proposed method of sanitary sewer disposal and potable water
supply.
13.
Existing five foot (or less) interval contours based on United States
Coast and Geodetic Survey data (MSL=0) shall be shown extending a
minimum of 100 feet beyond the boundary of the tract in question.
d.
A schedule shall be placed on the site plan indicating:
1.
The acreage of the tract and site (the portion of the tract involved
in the site plan).
2.
The nonresidential floor area or the number and type of housing units
for residential purposes.
3.
The proposed use or uses.
4.
The zone district in which the site is located.
5.
Typical lot dimensions and front, rear and side setbacks.
6.
Location of off-street parking spaces.
7.
Square footage and percentage of the site retained in open space.
[Ord. No. 94-29 § 118-10.7D]
Any approval of an application for a sketch plat of a major
subdivision or site plan granted by the Planning Board shall be subject
to the following conditions being satisfied prior to signing of the
plat:
[Ord. No. 94-29 § 118-10.7E]
In the event that the application for development for a sketch
plat of a major subdivision or site plan is approved, a certification
to that effect in this form:
|
Approved with regard to general planning and design concepts
as a sketch plat of a major subdivision or site plan by the Berkeley
Township Planning Board on ________.
| |
|
Attest:
|
|
|
Chairman
| |
|
|
|
|
Secretary
|
Date
|
|
|
|
|
Engineer
|
Date
|
shall be endorsed on the sketch plat, and the original reproducible
thereof shall be provided to the Planning Board by the applicant.
The original shall be signed by the Chairman and Secretary or Assistant
Secretary of the Planning Board after they receive certification from
the Board Engineer that all conditions of approval have been satisfied.
[Ord. No. 94-29 § 118-10.8A; Ord. No. 01-21-OAB § 11]
Prior to issuance of a certificate of completeness or scheduling
of a preliminary plat of a major subdivision for public hearing before
the Board, the Board Engineer shall determine that the following have
been submitted in proper form:
a.
The signature and seal of the professional land surveyor and professional
engineer licensed to practice in the State of New Jersey.
b.
A schedule of zone requirements for each lot proposed to be created
by the subdivision or the building envelope for each lot with required
setbacks denoted.
d.
Application for preliminary Berkeley Sewerage Authority, MUA, Board
of Health or other jurisdictional utility authority approval.
e.
Application for Bureau of Fire Prevention approval.
f.
Application for tree removal permit, where required.
g.
Submission to the Traffic Safety Officer, where required.
h.
Other submittals which may be required by other Federal, State or
local law.
i.
The application for development for a preliminary plat of a major
subdivision shall include a request for the granting of any variances
required or other approvals required from the Planning Board.
j.
Required application fees and fee calculations.
k.
Required Preliminary Plat Major Subdivision Checklist and all information
required therein.
l.
Proof of payment of real estate taxes for the current quarter.
m.
Required number of plans and application forms.
[Ord. No. 94-29 § 118-10.8B]
a.
General Requirements. All plats containing proposals or designs for
drainage, streets and subdivision layouts shall be prepared by a professional
engineer licensed to practice in the State of New Jersey and shall
bear the address, signature, embossed seal and license number of the
professional engineer. The preliminary plat shall be based on a land
survey conducted not more than five years prior to the date of application
and certified (signed and sealed by a licensed land surveyor) to the
subdivider and shall be drawn at a scale of not less than 100 feet
to the inch, with a maximum size of 30 inches by 42 inches and shall
show or be accompanied by the information specified below.
b.
Title Block. The title block shall appear on all sheets and shall
include:
1.
The title of "Preliminary Plat - Major Subdivision."
2.
Name of subdivision, if any.
3.
Tax Map sheet, block and lot number(s) of the tract to be subdivided
as shown on the latest Township Tax Map, the date of which shall also
be shown.
4.
Date of original and all revisions.
5.
Names and addresses of owner and subdivider, so designated.
6.
Name(s), signature(s), address(es) and license number(s) of the engineer
and/or land surveyor who prepared the map. The plat shall bear the
embossed seal of the engineer and land surveyor.
c.
A key map adequately showing the location of the site with reference
to surrounding areas, existing streets, the names of all such streets
and any zone boundary or Township boundary which is within 1,000 feet
of the subdivision.
d.
A schedule shall be placed on the map indicating the acreage of the
tract, the number of lots, the zone, the minimum required lot areas,
setbacks, yards and the dimensions and percentage of recreation acreage
provided.
e.
Zone boundaries and the names of all owners, Tax Map sheet, lot and
block numbers and property lines of parcels within 200 feet of the
land to be subdivided, including properties across the street, as
shown by the most recent records of the Township of the municipality
of which the property is a part.
f.
The preliminary plat shall be based on a certified boundary survey
as required above with sufficient lines of the adjoining tracts surveyed
to establish any overlap or gap between the adjoining boundary lines
and the boundary lines of the tract in question. The date of the survey
and the name of the person making the same shall be shown on the map.
g.
Contours.
1.
Existing one-foot interval contours based on United States Coast
and Geodetic Survey data (MSL=0) shall be shown extending a minimum
of 100 feet beyond the boundary of the tract in question and shall
be certified by a New Jersey licensed surveyor or professional engineer
as to accuracy, except that where the slopes exceed 5%, a two-foot
interval may be used, and if the slopes exceed 10%, a five-foot interval
is permissible. The source of elevation datum base shall be noted.
2.
90% of elevations interpolated from contour lines will be within
1/2 the contour interval when referred to the nearest bench mark.
All spot elevations shall be to the nearest 0.1 foot and accurate
to within 0.3 foot.
3.
90% of all planimetric features shown on the map will be within 1/40
inch of their true position, and no planimetric features will be out
of true position more than 1/20 inch at map scale when referenced
to the nearest field-established station. A statement of compliance
and/or a complete statement concerning any areas of noncompliance
with this requirement shall be placed on the plat.
h.
All existing streets, watercourses, floodplains, floodways and flood
areas within the proposed subdivision and within 200 feet of the boundaries
thereof, both the width of the paving and the width of the right-of-way
of each street, existing public easements and Township borders within
200 feet of the subdivision.
i.
All existing structures, an indication of those which are to be destroyed
or removed, and the front, rear and side yard dimensions of those
to remain.
j.
The boundaries, nature, extent and acreage of wooded areas and other
important physical features, including swamps, bogs, ponds and wetlands
within the proposed subdivision and within 200 feet thereof.
k.
The layout of the proposed subdivision drawn in compliance with the
provisions of the chapter.
l.
All existing and proposed public easements or rights-of-way and the
purposes thereof, and proposed streets within the proposed subdivision.
The proposed streets shall show the right-of-way and proposed pavement
width.
m.
The existing system of drainage of the subdivision and of any larger
tract of which it is a part, together with information on how it is
proposed to dispose of surface drainage.
n.
The acreage of the drainage area of each natural or man-made watercourse
traversing the subdivision, including the area within the subdivision
and the area upstream from the subdivision.
o.
All proposed lot lines and the areas of all lots in square feet.
p.
North arrow and basis therefor and written and graphic scales.
q.
Preliminary utility layouts showing methods of connection and sources
of service.
r.
The proposed location and area, in acres or square feet, of all proposed
common open space areas.
s.
The plat shall show, on the property to be subdivided and within
200 feet of that property, all existing paper streets, dirt roads,
paved streets, curbs, manholes, sewer lines, water and gas pipes,
utility poles, ponds, swamps and all other topographical features
of a physical or engineering nature.
t.
Preliminary on-site grading and drainage plan.
1.
The preliminary plat shall show or be accompanied by a preliminary
grading and drainage plan which shall show locations of all existing
and proposed drainage swales and channels, retention-recharge basins,
the scheme of surface drainage and other items pertinent to drainage,
including the approximate proposed grading contours at one foot intervals,
except that if slopes exceed 5%, a two-foot interval may be used,
and if they exceed 10%, a five-foot interval is permissible. Data
shall be United States Coast and Geodetic Survey data (MSL=0), and
the source of data shall be noted.
2.
The plan shall outline the approximate area contributing to each
inlet.
3.
All proposed drainage shall be shown with preliminary pipe types
and sizes, invert elevations, grades and direction of flow. The direction
of flow of all surface waters and all watercourses shall be shown.
4.
The preliminary grading and drainage plan shall be accompanied by
drainage calculations made in accordance with standards set forth
in this chapter.
u.
Preliminary Off-Site Drainage Plan. The preliminary plat shall also
be accompanied by a preliminary off-site drainage plan prepared in
accordance with the following standards:
1.
The plan shall consist of an outline of the entire drainage basin
in which the property to be subdivided is located. The terminus of
the basin and existing ground contours or other basis for determining
basin limits shall be shown.
2.
Pertinent off-site existing drainage, which receives or discharges
runoff from or onto the site, shall be shown with elevations of inverts,
pipe types and sizes or other appropriate physical data for open or
nonpipe conduits.
3.
To the extent that information is available and may be obtained from
the County or municipal engineer(s), any existing plans for drainage
improvements shall be shown.
4.
In the event that a temporary drainage system is proposed, tentative
plans of that system shall be shown.
v.
Preliminary center-line profiles showing all proposed drainage; all
existing and proposed finished roadway grades; channel section details,
pipe sizes, type and inverts; road crowns and slopes; and all other
proposed drainage structures and connections shall be shown.
w.
Boring Logs. Unless the Planning Board Engineer shall determine that
fewer boring logs are required or that some or all of the boring logs
may be deferred to the final plat stage, the preliminary plat shall
be accompanied by a set of boring logs and soil analyses for borings
made in accordance with the following requirements.
1.
Borings shall be spaced evenly throughout the tract.
2.
One boring not less than 15 feet below the proposed grade or 20 feet
minimum depth shall be made for every five acres of developable land,
or portion thereof, of land within a tract where the water table is
found to be 10 feet or more below the proposed or existing grade at
all boring locations.
3.
One additional boring shall be made per acre, or portion thereof,
in those areas where the water table is found to be less than 10 feet
below the proposed grade.
4.
In addition to the above, in those areas where the water table is
found to be five feet or less below the existing or proposed grade,
two additional borings per acre, or portion thereof, will be required.
If construction of homes with basements is contemplated, at least
one boring will be located on each lot within the building setback
lines.
5.
Boring logs shall show soil types and characteristics encountered,
groundwater depths, the methods and equipment used, the name of the
firm, if any, making the borings and the name of the person in charge
of the boring operation. The boring logs shall also show surface elevations
to the nearest 0.1 foot.
6.
Based on the borings, the preliminary plat shall clearly indicate
all areas having a water table within two feet of the existing surface
of the land, or within two feet of proposed grade, or all areas within
which two feet or more of fill is contemplated or has previously been
placed.
7.
Notwithstanding the above provisions, the applicant's engineer may
submit an alternative soil boring program report and shall so certify
that the static water table, seasonal high water and soil stratification
is uniform throughout each soil type so delineated on the tract or
site.
x.
The location, dimensions, area and disposition of any park and recreation
areas shall be shown and noted on the preliminary plat and shall be
subject to the approval of the Planning Board.
y.
Sectionalization and Staging Plans. The preliminary sectionalization
and staging plan showing the following:
1.
If the subdivision is proposed to be filed for final approval in
sections, the plan shall show each such section and the anticipated
date of filing for each section. The staging of the various sections
in the subdivision shall be such that if development of the subdivision
were to be discontinued after the completion of any section, the developed
portion of the subdivision would be provided with adequate street
drainage and utility systems. The size and staging of the section
in a subdivision shall be established to promote orderly development
and shall be subject to the approval of the Planning Board.
2.
The sectionalization and staging plan shall identify for each lot
or group of lots in the subdivision those improvements that will be
completed prior to application for certificates of occupancy. The
plan should demonstrate that the staging of construction will minimize
adverse effects upon occupied buildings in the subdivision and adjoining
properties.
z.
If the Board Engineer, Planning Board or Environmental Commission
determines that specimen trees located on the site may have an effect
on the proper layout of the development, it may be required that the
location, caliper and type be shown on the plat for the following:
1.
Living deciduous trees having a trunk of six inch diameter or more
at breast height.
2.
All living coniferous trees having a trunk of six inch or more diameter
at breast height.
3.
All living dogwood (Cornus florida) or American holly (Ilex opaca)
trees having a trunk of one inch or greater diameter of breast height.
4.
All native laurel (Kalmia latifolia) shrubs having a root crown of
three inches or greater measured at the soil or surface level.
aa.
The location of proposed depressed pedestrian ramps and other facilities
for the handicapped.
bb.
It is recognized that in certain instances, the uniqueness of a particular
proposal may require the waiver of some of the information required
herein. The Planning Board may consider and for cause shown may waive
strict conformance with such of these plat map details and other engineering
documents as it sees fit. Any developer desiring such action should
present with his application for development a listing of all such
waivers desired, together with the reasons therefor. It shall also
be indicated on the plat map that this plan, as some plat map details
and engineering documents are not so indicated on the plat map, will
not be used for construction purposes.
[Ord. No. 94-29 § 118-10.8C]
Any approval of an application for development for a preliminary
plat of a major subdivision by the Planning Board shall be subject
to the following conditions being satisfied prior to the signing of
the plat.
a.
Submission of additional prints of the plat and attachments for distribution,
if required.
b.
Preliminary Ocean County Planning Board approval, if not previously
granted.
c.
Preliminary Berkeley Sewerage Authority, MUA and/or Board of Health
approval, if not previously granted.
d.
Bureau of Fire Prevention approval, if not previously granted.
e.
Publication of a notice of decision by the applicant.
f.
Any other conditions imposed by the Planning Board pursuant to the
resolution of memorialization or which may be required by Federal,
State or local law.
g.
The Planning Board may also condition its preliminary approval upon
the applicant providing for certain revisions or additions to the
final plat submission.
[Ord. No. 94-29 § 118-10.8D]
In the event that the application for development for a preliminary
plat of a major subdivision is approved, a certificate to that effect
in this form:
|
Approved as a preliminary plat of a major subdivision by the
Berkeley Township Planning Board on ________.
| |
|
Attest:
|
|
|
Chairman
| |
|
|
|
|
Secretary
|
Date
|
|
|
|
|
Engineer
|
Date
|
shall be endorsed as the preliminary plat, and the original
reproducible thereof shall be provided to the Planning Board by the
applicant. The original shall be signed by the Chairman and Secretary
or Assistant Secretary of the Planning Board after they receive certification
from the Board Engineer that all conditions of approval have been
satisfied.
[Ord. No. 94-29 § 118-10.8E]
Approval of a preliminary plat shall confer upon the applicant
the rights set forth in N.J.S.A. 40:55D-49.
[Ord. No. 94-29 § 118-10.8F]
Approval of a preliminary plat shall convey the rights under
N.J.S.A. 40:55D-38c to install improvements which shall be completed
either prior to the granting of final approval; or, after final approval,
provided that an appropriate performance guarantee has been posted
in accordance with N.J.S.A. 40:55D-53. Should the developer choose
to install improvements prior to the granting of final approval of
the plat, the following requirements shall be met:
[Ord. No. 94-29 § 118-10.9A; Ord. No. 01-21-OAB § 12]
Prior to issuance of a certificate of completeness or scheduling
of a preliminary plat of a major site plan for public hearing before
the Planning Board, the Board Engineer shall determine that the following
has been submitted in proper form:
a.
The signature and seal of the professional land surveyor and professional
engineer licensed to practice in the State of New Jersey.
b.
A schedule of zone requirements for each site proposed to be developed
or the building envelop for each structure with required setbacks
denoted.
d.
Application for preliminary Berkeley Sewerage Authority, Municipal
Utilities Authority, Board of Health or other jurisdictional utility
authority approval.
e.
Application for Bureau of Fire Prevention approval.
f.
Application for tree removal permit, where required.
g.
Submission to the Traffic Safety Officer, where required.
h.
The application for development for a preliminary plat of a major
site plan shall include a request for the granting of any variances
required or other approvals required from the Planning Board.
i.
Required application fees.
j.
Required Preliminary Plat Major Site Plan Checklist and all information
required therein.
k.
Proof of payment of real estate taxes.
l.
Required number of plans and application forms.
[Ord. No. 94-29 § 118-10.9B; Ord. No. 01-21-OAB § 13]
a.
General Requirements.
1.
Any preliminary plat of a major site plan presented to the Planning
Board for its approval shall be signed and appropriately sealed by
an architect, professional engineer, land surveyor and/or professional
planner licensed to practice in the State of New Jersey; provided,
however, that sanitary sewer, water distribution and storm drainage
plans and water and sewage treatment plans may only be signed and
sealed by a professional engineer.
2.
Site plans shall not be drawn at a scale smaller than one inch equals
50 feet nor larger than one inch equals 10 feet. If the size of the
site would require the use of sheets larger than 30 inches by 42 inches
in order to show the entire site on one sheet, the detailed information
for the site plan shall be shown in sections on sheets not larger
than 30 inches by 42 inches, which sheets shall be keyed to an overall
plan of the site drawn at a scale of not less than one inch equals
200 feet. The site plan shall be based on a monumented, current certified
boundary survey. The date of the survey and the name of the person
making same shall be shown on the map. If 12 months or more has passed
since the site of (or date of last recertification of) the survey,
it shall be recertified and, if necessary, brought up-to-date.
b.
Title Block. The title block shall appear on all sheets and shall
include:
1.
Title of "Preliminary Plat - Major Site Plan."
2.
Name of the development, if any.
3.
Tax Map sheet, block and lot number of the site, as shown on the
latest Township Tax Map.
4.
Date of original and all revisions.
5.
Names and addresses of owner and developer, so designated.
6.
Name(s), signature(s), address(es) and license number(s) of engineer,
architect, land surveyor or planner who prepared the plan and their
embossed seal.
7.
If the site plan contains more than one sheet, each sheet shall be
numbered and titled.
c.
A schedule shall be placed on the site plan indicating:
1.
The acreage of the tract and site (the portion of the tract involved
in the site plan).
2.
The nonresidential floor area of the existing and proposed buildings,
listed separately.
3.
The proposed use or uses and the floor area devoted to each use.
4.
The zone in which the site is located and area map showing zoning
boundaries within 1,000 feet of tract.
5.
Proposed and required lot dimensions and front, rear, and side setbacks.
6.
Proposed and required off-street parking spaces.
7.
Square footage and percentage of the site retained in open space.
d.
North arrow and written and graphic scales.
e.
The tops of the banks and boundaries of the floodways and flood hazard
areas of all existing watercourses, where such have been delineated,
or the limits of alluvial soils where the boundaries of floodways
and flood hazard areas have not been determined. In cases where all
or a portion of a site is located in an unnumbered "A" Zone as shown
on the Flood Insurance Rate Maps of the Federal Insurance Administration,
the applicant shall undertake and submit such studies as are necessary
to determine the base flood elevation.
f.
Paving and right-of-way widths of existing roads within 200 feet
of the site.
g.
The boundary, nature and extent of wooded areas, swamps, bogs, ponds
and wetlands areas within the site and within 150 feet thereof.
h.
Existing and proposed manholes, sewer lines, fire hydrants, waterlines,
utility poles and all other topographical features of a physical or
engineering nature within the site and within 200 feet thereof.
i.
All existing structures on the site and within 200 feet thereof,
including their use, indicating those to be destroyed or removed and
those to remain.
j.
Location, use, finished grade level, ground coverage, first floor
and basement elevations, front, rear and side setbacks of all existing
and proposed on-site buildings.
k.
Existing and proposed public easements or rights-of-way and the purposes
thereof.
l.
A grading plan showing existing and proposed grading contours at
one foot intervals throughout the tract and extending a minimum of
100 feet beyond the tract boundary, except that if slopes exceed 5%,
a two-foot interval may be used, and if they exceed 10%, a five-foot
interval is permissible. Data shall be United States Coast and Geodetic
Survey Data (MSL=0) and source of data shall be noted. In addition
to proposed grading contours, sufficient additional spot elevations
shall be shown to clearly delineate proposed grading.
m.
On-Site Drainage Plan.
1.
The drainage plan shall be presented in graphic form which shall
clearly show the street and lot layout and those items which are pertinent
to drainage, including existing and proposed contours as previously
required.
2.
The plan shall outline each area contributing to each inlet.
3.
All proposed drainage shall be shown with pipe type and sizes, invert
and grate or rim elevations, grades and direction of flow. The direction
of flow of all surface waters and of all streams shall be shown.
4.
The drainage plan shall be accompanied by complete drainage calculations
made in accordance with the standards set forth in this chapter.
n.
Off-Site Drainage Plan. The plat shall also be accompanied by an
off-site drainage plan prepared in accordance with the following standards:
1.
The plan shall consist of an outline of the entire drainage basin
in which the site is located. The terminus of the basin and existing
ground contours or other basis for determining basin limits shall
be shown.
2.
The pertinent off-site existing drainage shall be shown with elevations
of inverts and grade to the nearest 0.1 foot.
3.
To the extent that information is available and may be obtained from
the County or municipal engineer(s), any existing plans for drainage
improvements shall be shown.
4.
In the event that a temporary drainage system is proposed, full plans
of that system shall be shown.
5.
The off-site drainage plans shall be accomplished by profiles of
all proposed drainage, showing existing details, pipe sizes, types,
inverts, crowns and slopes; all proposed structures and connections;
and design hydraulic grade lines for all conduits designed to carry
40 or more cubic feet per second. Cross sections at intervals not
exceeding 100 feet shall be shown for all open channels.
p.
Boring Logs. Unless the Board Engineer shall determine that fewer
boring logs are required, or that some or all of the boring logs may
be deferred to the final plat stage, the site plan shall be accompanied
by a set of boring logs and soil analyses for borings made in accordance
with the following requirements:
1.
Borings shall be spaced evenly throughout the site.
2.
One boring not less than 15 feet below grade or 20 feet minimum depth
shall be made for every five acres, or portion therefor, of land where
the water table is found to be 10 feet or more below proposed or existing
grade at all boring locations.
3.
One additional boring shall be made per acre, or portion thereof,
in those areas where the water table is found to be less than 10 feet
below proposed or existing grade.
4.
In addition to the above, in those areas where the water table is
found to be five feet or less below existing or proposed grade, two
additional borings per acre, or portion thereof, will be required
if construction of basements is contemplated. Borings shall be located
where such basements are proposed.
5.
Boring logs shall show soil types and characteristics encountered,
groundwater depths, the methods and equipment used, the name of the
firm, if any, making the borings and the name of the person in charge
of the boring operation. The boring logs shall also show surface elevations
to the nearest 0.1 foot.
6.
Notwithstanding the above provisions, the applicant's engineer may
submit an alternative soil boring program report and shall so certify
that the static water table, seasonal high water and soil stratification
is uniform throughout each soil type so delineated on the tract or
site.
q.
Zone boundaries and the Tax Map sheet, lot and block numbers and
names of owners of all properties within 200 feet of the site.
r.
A key map at a scale of not less than one inch equals 2,000 feet
adequately showing the location of the site with reference to surrounding
areas, existing streets, the names of all such streets and any zone
boundary or Township boundary which is within 200 feet of the site
plan.
s.
The location, area, dimensions and proposed disposition of any area
or areas of the site proposed to be retained as common open space,
indicating the facilities to be provided in such areas.
t.
The capacity of off-street parking areas and the location and dimensions
of all access drives, aisles and parking stalls. The location and
treatment of existing and proposed entrances and exits to public rights-of-way,
including the possible utilization of traffic signals, channelizaton,
acceleration and deceleration lanes, additional width and any other
device necessary for traffic safety and/or convenience and the estimated
average number of passenger vehicles, single unit trucks or buses
and semitrailers that will enter the site each day.
u.
Graphic depiction of the anticipated routes and details of the system
of on-site vehicular and pedestrian circulation. If the developer
desires to have the appropriate provisions of Title 39 of the New
Jersey Statutes governing motor vehicle operation made applicable
to the site, thereby allowing municipal police regulation of traffic
control devices, he shall submit a formal request and a detailed plan
meeting the requirements of the New Jersey Department of Transportation.
The Township Engineer will advise the developer regarding the details
of such a plan.
v.
The location and size of proposed loading docks.
w.
Location of curbs and sidewalks.
x.
Cross section(s) showing the composition of pavement areas, curbs
and sidewalks.
y.
Exterior lighting plan, including the location and drawn details
of all outdoor lighting standards and fixtures and a notation on the
plat indicating conformance or nonconformance with the minimum design
standards of the Township Land Development Ordinance.
z.
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized. For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 35-157d of this chapter.
aa.
Location of signs and drawn details showing the size, nature of construction,
height and content of all signs.
bb.
Drawn details of the type of screening to be utilized for refuse
storage areas, outdoor equipment and bulk storage areas.
cc.
Floor plans and building elevation drawings of any proposed structure
or structures, or existing structures to be renovated.
dd.
Location of handicapped facilities, including parking spaces and
ramps, where applicable.
ee.
If the Board Engineer, Planning Board or Environmental Commission
determines that specimen trees located on the site may have an effect
on the proper layout of the subdivision, it may be required that the
location, caliper and type be shown on the plat for the following:
1.
Living deciduous trees having a trunk size of six inches diameter
or more at breast height.
2.
All living coniferous trees having a trunk of six inches or more
diameter at breast height.
3.
All living Dogwood (Cornus florida) or American Holly (Ilex opaca)
trees having a trunk of one inch or greater diameter at breast height.
4.
All native Laurel (Kalmia latifolia) shrubs having a root crown of
three inches or greater measured at the soil or surface level.
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However, in instances involving heavily wooded sites where the proposed tree save line is consistent or substantially consistent with the limits of clearing line the identification, location and caliper of trees to remain need not be verified as set forth in Subsections 1-4 above.
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ff.
Sectionalization and Staging Plan. Developers of large uses, such
as shopping centers, multifamily dwellings, industrial parks or other
such uses proposed to be developed in stages, may submit a sectionalization
and staging plan showing the following:
1.
The anticipated date for commencing construction of each section
or stage. The staging of development on the site shall be such that
if development of the site were discontinued after the completion
of any stage, the developed portion of the site would comply in all
respects to the requirements of this chapter and be provided with
adequate drainage and utility systems.
2.
Those improvements that will be completed in each stage prior to
application for certificate of occupancy. The plan should demonstrate
that the staging of construction will minimize adverse effects upon
occupied buildings in the site and adjoining properties.
gg.
Written description of the proposed operations in sufficient detail
to indicate the effects of the use of producing traffic congestion,
noise, glare, air pollution, fire hazards or safety hazards. The written
description shall also include the hours of operation of the use,
the number of shifts to be worked, the number of employees in each
shift, the number of vehicles to be stored or parked on the site and
provisions to be made for site maintenance and specifics of site ingress
and egress.
hh.
It is recognized that in certain instances, the uniqueness of a particular
proposal may require the waiver of some of the information required
herein. The Planning Board may consider and for cause shown may waive
strict conformance with such of these plan map details and other engineering
documents as it sees fit. Any developer desiring such action should
present with his application for development a listing of all such
waivers desired, together with the reasons therefor. It shall also
be indicated on the plat map that this plan, as some plat map details
and engineering documents are not so indicated on the plat map, will
not be used for construction purposes.
[Ord. No. 94-29 § 118-10.9C]
Any approval of an application for development for a preliminary
plat of a major site plan by the Planning Board shall be subject to
the following conditions being satisfied prior to the signing of the
plat:
a.
Submission of additional prints of the plat and attachments for distribution,
if required.
b.
Preliminary Ocean County Planning Board approval, if not previously
granted.
c.
Preliminary Berkeley Sewerage Authority, Municipal Utilities Authority
and/or Board of Health approval, if not previously granted.
d.
Bureau of Fire Prevention approval, if not previously granted.
e.
Publication of a notice of the decisions by the applicant.
f.
Any other conditions imposed by the Planning Board pursuant to the
resolution of memorialization or which may be required by Federal,
State or local law.
g.
The Planning Board may also condition its preliminary approval upon
the applicant providing for certain revisions or additions to the
final plat submission.
[Ord. No. 94-29 § 118-10.9D]
In the event that the application for development for a preliminary
plat of a major site plan is approved, a certification to that effect
in this form:
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Approved as a preliminary plat of a major subdivision plan by
Berkeley Township Planning Board on ________.
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Attest:
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Chairman
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Secretary
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Date
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Engineer
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Date
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shall be endorsed on the preliminary plat, and the original
reproducible thereof shall be provided to the Planning Board by the
applicant. The original shall be signed by the Chairman and Secretary
or Assistant Secretary of the Planning Board after they receive certification
from the Board Engineer that all conditions of approval have been
satisfied.
[Ord. No. 94-29 § 118-10.9E]
Approval of a preliminary plat shall confer upon the applicant
all the rights set forth in N.J.S.A. 40:55D-49.
[Ord. No. 94-29 § 118-10.9F]
Approval of a preliminary plat shall convey the rights under
N.J.S.A. 40:55D-38c to install improvements which shall be completed
either prior to the granting of final approval; or, after final approval,
provided that an appropriate performance guarantee has been posted
in accordance with N.J.S.A. 40:55D-53. Should the developer choose
to install improvements prior to the granting of final approval of
the plat, the following requirements shall be met:
[Ord. No. 94-29 § 118-10.10A; Ord. No. 01-21-OAB § 14]
Prior to issuance of a certificate of completeness or scheduling
of a final plat of a major subdivision for public hearing before the
Planning Board, the Board Engineer shall determine that the following
has been submitted in proper form:
a.
The signature and seal of the professional land surveyor and professional
engineer licensed to practice in the State of New Jersey.
c.
Fully executed required certifications pursuant to the "Map Filing
Law" P.L. 1960, c. 141.
d.
Application for final Berkeley Sewerage Authority, Municipal Utilities
Authority, Board of Health or other jurisdictional utility authority
approval.
e.
Application for Bureau of Fire Prevention approval.
f.
Application for tree removal permit, where required.
g.
Submission to the Traffic Safety Officer, where required.
h.
Where applicable, a copy of the permit issued or, if the permit has
not been issued, the application filed with the New Jersey Department
of Environmental Protection, under the Coastal Area Facility Review
Act, and copies of the environmental impact statement and any attachments
thereto filed in accordance with the provisions of the Act, or, in
the alternate, a statement issued by the Department of Environmental
Protection that the proposed development is exempt from the Act.
i.
A certificate of title, which may be in letter or map form, which
certificate shall confirm that the owner of the premises in question
is the owner as shown on the plat.
j.
Other submittals that may be required by the Planning Board or Federal,
State or local law.
k.
Unless waived by the Planning Board, a formal request, in appropriate
statutory form, requesting that the applicable provisions of Title
39 of the New Jersey Revised Statutes be made applicable to the site
in order to permit police regulation of traffic control devices.
l.
Required application fees and fee calculations.
m.
Required Final Plat Major Subdivision Checklist and all information
required therein.
n.
Proof of payment of real estate taxes for the current quarter.
o.
Required number of plans and application forms.
[Ord. No. 94-29 § 118-10.10B]
a.
General Requirements. A final plat may, for all or any portion of
an approved preliminary plat, be submitted to the Planning Board within
three years of the date of approval of the preliminary plat. In general,
all requirements set forth in this chapter for plats shall apply to
final plats with the addition of the specific additional requirements
set forth herein.
1.
A final plat shall be drawn at a scale of not less than 100 feet
to the inch, shall conform to the provision of Chapter 141 of the
Laws of 1960 of the State of New Jersey, as amended and supplemented,
and shall include or be accompanied by the information specified herein.
Size: 30 inches by 42 inches, 24 inches by 36 inches, 15 inches by
21 inches and 8 1/2 inches by 13 inches.
2.
All dimensions, both linear and angular, of the exterior boundaries
of the subdivision and all lots and all lands reserved or dedicated
for public use shall balance, and their description shall close within
a limit of error of not more than one part in 10,000.
3.
Dimensions, bearings and curve data shown for all streets and tangents,
chords, arc, radius and central angle of all street corners.
4.
Watercourses, streams, shorelines, water boundaries, wetlands and
encroachment lines shown with appropriate easements/conservation areas
delineated, including calculated areas.
b.
Purpose of Final Plat. A final plat and supporting drawings and documents
for a proposed subdivision constitute the complete and fully detailed
and documented development of the subdivision proposal and becomes
the basis for the construction of the subdivision and inspection by
the Township Engineer, other officials and Planning Board. The portion
of the plat intended for filing must be recorded at the County Clerk's
Office to have legal status.
c.
Title Block. The title block shall appear on all sheets and shall
include:
1.
Title of "Final Plat — Major Subdivision."
2.
Development name, if any.
3.
Tax Map sheet, block and lot number(s) of the tract to be subdivided
as shown on the latest Township Tax Map, the date of which shall also
be shown.
4.
Date of original and all revisions.
5.
Names and addresses of owner and subdivider, so designated.
6.
The name, signature, address and license number of the engineer and
land surveyor who prepared the map. The plat shall bear the embossed
seal of the land surveyor.
7.
Signature block for Planning Board Chairman, Secretary and Engineer.
8.
Signature block for Municipal Clerk.
d.
The final plat shall be based on a monumented, current, certified
boundary survey. The date of the survey and the name of the person
making the same shall be shown on the map. If 12 months or more has
passed since the date of (or date of last recertification of) the
survey, it shall be recertified and, if necessary, brought up-to-date.
Any necessary revisions from the survey used as a base for the plat
shall be specifically noted.
e.
A schedule shall be placed on the map indicating the acreage of the
tract, the number of lots, the zone requirements, the dimensions and
percentage of open space provided.
f.
All design information submissions required by the provisions of
the improvements and design standards portions of the chapter shall
accompany the final plat.
g.
A grading plan showing existing and proposed grading contours at
one foot intervals throughout the tract, except that if slopes exceed
5%, a two-foot interval may be used, and if they exceed 10%, a five-foot
interval is permissible. Data shall be United States Coast and Geodetic
Survey data (MSL=0), and the source of data shall be noted. In addition
to proposed grading contours, sufficient additional spot elevations
shall be shown to clearly delineate proposed grading, including corner
elevations of buildings and first floor basement elevations.
h.
The limits of all areas of proposed cuts and fills, exclusive of
excavations for basements, shall be clearly designated.
i.
On-Site Drainage Plan.
1.
The drainage plan shall be presented in graphic form which shall
clearly show the street and lot layout and those items which are pertinent
to drainage, including existing and proposed contours as previously
required.
2.
The plan shall outline each area contributing to each inlet.
3.
All proposed drainage shall be shown with pipe types and sizes, invert
and grate or rim elevations, grades and direction of flow. The direction
of flow and all surface waters of all streams shall be shown.
4.
The drainage plan shall be accompanied by complete drainage calculations
made in accordance with standards as set forth herein.
j.
Off-Site Drainage Plan. The final plat shall also be accompanied
by an off-site drainage plan prepared in accordance with the following
standards:
1.
The plan shall consist of an outline of the entire drainage basin
in which the property to be subdivided is located. The terminus of
the basin and existing ground contours or other basis for determining
basin limits shall be shown.
2.
The pertinent off-site existing drainage shall be shown with elevations
of inverts and grades to the nearest 0.1 foot.
3.
To the extent that information is available and may be obtained from
the County or municipal engineer(s), any existing plans for drainage
improvements shall be shown.
4.
In the event that a temporary drainage system is proposed, full plans
of that system shall be shown.
5.
The off-site drainage plans shall be accompanied by profiles of all
proposed drainage, showing existing and proposed finished grades,
channel section details, pipe sizes, types, inverts, crowns and slopes;
all design hydraulic grade lines for all conduits designed to carry
40 or more cubic feet per second. Cross sections at intervals not
exceeding 100 feet shall be shown for all open channels.
k.
Centerline profiles of all proposed streets showing:
l.
Where required by the Township Engineer, cross sections of proposed
streets to at least 10 feet outside of any grading limit at intervals
of at least every 100 feet, of all proposed streets.
m.
If required at the time of preliminary plat submission, the location,
caliper and type of the following shall be required to be shown on
the plat for a tree removal permit:
1.
Living deciduous trees having a trunk size of six inches diameter
or more at breast height.
2.
All living coniferous trees having a trunk of six inches or more
diameter at breast height.
3.
All living Dogwood (Cornus florida) or American Holly (Ilex opaca)
trees having a trunk of one inch or greater diameter at breast height.
4.
All native Laurel (Kalmia latifolia) shrubs having a root crown of
three inches or greater measured at the soil or surface level.
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However, in instances involving heavily wooded sites where the proposed tree save line is consistent or substantially consistent with the limits of clearing line the identification, location and caliper of trees to remain need not be verified as set forth in Subsections 1-4 above.
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n.
The number, location and species of all proposed shade trees or other
plantings.
o.
Detailed utility layouts, specifications and cross sections (sewers,
water, etc.), showing feasible connections to any existing or proposed
utility systems; provided, however, that detailed layouts of gas,
electric and telephone lines are not required. An indication of these
on a typical road cross section shall be sufficient. Layouts shall
include proposed locations of street lights and fire hydrants. If
private utilities are proposed, they shall comply with all local,
County and State regulations.
p.
The tops of the banks and boundaries of the floodways and flood hazard
areas of all existing watercourses, where such have been delineated,
or the limits of alluvial soils where the boundaries of floodways
and flood hazard areas have not been determined. In cases where all
or a portion of a subdivision is located in an unnumbered "A" Zone
as shown on the Flood Insurance Rate Maps of the Federal Insurance
Administration, the applicant shall undertake and submit such studies
as are necessary to determine the base flood elevation.
q.
Tract boundary lines, right-of-way lines of streets, easements and
other rights-of-way; land to be reserved or dedicated to public use,
all lot lines and site easement lines, with accurate dimensions and
bearings and radii, tangents, chords, arcs and central angles of all
curves and all front, rear and side (yard) setback lines.
r.
All monuments in accordance with Chapter 141 of the Laws of 1960
of the State of New Jersey, including all monuments found, monuments
set and monuments to be set, and an indication of monumentation found
and reset.
s.
Show reference meridian graphically.
t.
Certificate of engineer or land surveyor as to accuracy of the details
of the plat.
u.
Lot and block numbers shown on the final plat shall conform to the
Township Tax Map, or proposed revisions thereof, and shall be obtained
by the applicant's engineer from the Township Assessor. Proposed house
numbers shall be obtained from the Township Engineer and shall be
shown encircled on the final plat, or one of the attachments thereto.
The Township Engineer shall not affix his signature to the final plat
unless the applicant has fully complied in this regard.
v.
Subdivision names and street names shown on the final plat shall
not be the same or similar to any name of any existing subdivision
or street in the Township and shall be approved by the Township Engineer.
w.
The location of areas dedicated for park and recreation facilities
or common open space as approved by the Board.
x.
Unless waived by the Planning Board, a detailed plan setting forth
the type and location of all traffic control and regulatory devices.
This plan shall have been approved by, or in the opinion of the Township
Engineer be likely to be approved by, the New Jersey Department of
Transportation. This plan shall be prepared in consultation with the
Township Engineer and the Berkeley Township Police Department and
shall provide for all appropriate traffic control measures necessary
for the health, safety, convenience and well being of those occupying,
or likely to occupy, the subdivision between final approval and final
acceptance.
y.
All plats submitted to the Planning Board for final approval shall
comply with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.8
et seq.) and shall not contain more than 100 lots. Simultaneous consideration
of approval of multiple final sections, each containing not more than
100 lots, may be entertained by the Board.
z.
Sectionalization of final plats shall be in conformance with the
sectionalization and staging plan, if any, approved with the preliminary
plat.
[Ord. No. 94-29 § 118-10.10C]
Any approval of any application for development of a final plat
of a major subdivision shall be subject to the following conditions
being satisfied within a period of time specified by the Planning
Board, prior to the signing of the plat or issuance of a building
permit.
a.
Proof of payment of real estate taxes.
b.
Submission of additional prints of the plat map and attachments for
distribution, if required.
c.
Publication of a notice of the decision by the applicant.
d.
Final Ocean County Planning Board approval, if not previously obtained.
e.
Final Berkeley Sewerage Authority, Municipal Utilities Authority
and/or Board of Health approval, if not previously obtained.
f.
Issuance of a soil erosion permit.
g.
Bureau of Fire Prevention approval, if not previously obtained.
h.
Issuance of a tree removal permit, if not previously obtained.
i.
Granting of State wetlands permit, if required.
j.
Granting of a stream encroachment permit, if required.
k.
Certification of approval of plans for drainage or watercourse diversions
by the State of New Jersey Department of Environmental Protection
and Energy, where required.
l.
Granting of a Coastal Area Facility Review Act (CAFRA) permit, where
required.
m.
Granting of drainage and/or access permits by the New Jersey Department
of Transportation, where required.
n.
Approval of any required riparian grants or licenses.
o.
Granting of any required construction permits.
p.
Posting of required performance guarantees.
q.
Payment of required inspection fees.
r.
Ocean County Soil Conservation District approval.
s.
New Jersey Department of Transportation access, drainage, utility
and/or occupancy permits.
t.
Evidence of a comprehensive general liability insurance policy in
an amount not less than $300,000 per occurrence, indemnifying and
saving harmless the Township and its agencies, employees and agents
from any liability for any acts of the subdivider or his agents, contractors
or employees in the implementing of the approved subdivision The insurance
policy shall provide for 30 days' notice to the Township prior to
cancellation. It shall be a violation of this chapter for any property
owner, subdivider or builder to carry on the construction of a subdivision
without having current valid evidence of insurance on file.
u.
Submission of an agreement from the applicant authorizing proposed
roadways to be governed by State Statute Title 39, Subtitle 1.
v.
Any other conditions imposed by the Planning Board pursuant to the
resolution of memorialization or which may be required by Federal,
State or local law.
[Ord. No. 94-29 § 118-10.10D]
In the event that the application for development for a final
plat of a major subdivision is approved, a certification to that effect
in this form:
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Approved as a final plat of a major subdivision by Berkeley
Township Planning Board on ________.
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Attest:
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Chairman
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Secretary
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Date
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Engineer
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Date
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This plat must be filed in the office of the Clerk of Ocean
County on or before ________________, which date is 95 days after
the date upon which this plat was signed.
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Secretary
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shall be endorsed on the plat, and the original reproducible
thereof shall be provided to the Planning Board by the applicant.
The original shall be signed by the Chairman and Secretary or Assistant
Secretary of the Planning Board after they receive certification from
the Board Engineer that all conditions of approval have been satisfied.
[Ord. No. 94-29 § 118-10.10E]
If the applicant desires to proceed with a subdivision for which
final approval has been granted, he shall file with the County Recording
Officer a plat map drawing in compliance with Chapter 141 of the Laws
of 1960, as amended and supplemented, within 95 days from the date
upon which the plat was signed by the Planning Board Chairman and
Secretary or Assistant Secretary. The applicant shall, within one
week after filing the subdivision with the County Recording Officer,
notify, in writing, the Township Engineer of the date of filing of
the subdivision with the County Recording Officer and the case and
sheet or page number for the filed map. A duplicate tracing of the
filed map indicating thereon the filing date, shall be obtained from
the County Recording Officer by the applicant, who shall distribute
copies of the filed map to appropriate municipal officials. In the
event that the subdivider fails to so file within the period allowed,
the approval of the plat shall expire unless, prior to expiration,
such time is extended by the Planning Board for a period not to exceed
190 days for good cause shown. Further extensions may be requested
and may be granted by the Board pursuant to N.J.S.A. 40:55D-54.
[Ord. No. 94-29 § 118-10.10F]
Whenever the Planning Board grants an extension of final approval
and final approval has expired before the date on which the extension
is granted, the extension shall begin on what would otherwise be the
expiration date. The developer may apply for the extension either
before or after what would otherwise be the expiration date.
The Planning Board shall grant an extension of final approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued these approvals. A developer shall apply
for the extension before (1) what would otherwise be the expiration
date of final approval or (2) the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later.
[Ord. No. 94-29 § 118-10.10G]
Approval of a final plat shall confer upon the applicant all
the rights set forth in N.J.S.A. 40:55D-52.
[Ord. No. 94-29 § 118-10.10H]
The subdivider or his agent shall keep a clear and legible copy
of the approved final plat in plain view in a prominent location in
his offices and/or salesrooms from which sales in the approved subdivision
are made so that prospective purchasers may have the opportunity to
learn the special conditions, if any, under which approval was given.
[Ord. No. 94-29 § 118-10.11A; Ord. No. 01-21-OAB § 15]
Prior to issuance of a certificate of completeness or scheduling
of a final plat of a major site plan for public hearing before the
Planning Board, the Board Engineer shall determine that the following
has been submitted in proper form:
a.
Proof of payment of real estate taxes.
b.
Application for final Ocean County Planning Board approval.
c.
Application for final Berkeley Sewerage Authority, Municipal Utilities
Authority, Board of Health or other jurisdictional utility authority
approval.
d.
Application for soil erosion permits.
e.
Application for Bureau of Fire Prevention approval.
f.
Application for a tree removal permit, where required.
g.
Submission to the Traffic Safety Officer, where required.
h.
Application for State wetlands approval, where required.
i.
Application for a flood plain encroachment permit, where required.
j.
Application for a stream encroachment permit, where required.
k.
Where applicable, a copy of the permit issued or, if the permit has
not been issued, the application filed with the New Jersey Department
of Environmental Protection, under the Coastal Area Facility Review
Act, and copies of the environmental impact statement and any attachments
thereto filed in accordance with the provisions of the Act, or, in
the alternate, a statement issued by the Department of Environmental
Protection that the proposed development is exempt from the Act.
l.
Other submittals that may be required by the Planning Board or Federal,
State or local law.
m.
Required application fees.
n.
Required Final Plat Major Site Plan Checklist and all information
required therein.
o.
Required number of plans and application forms.
[Ord. No. 94-29 § 118-10.11B]
The final plat shall include all data required for the preliminary
plat of the major site plan and shall be drawn to incorporate all
changes required as a condition of preliminary approval and shall
be drawn by persons and to specifications as required for a preliminary
plat and shall be titled "Final Plat-Major Site Plan."
[Ord. No. 94-29 § 118-10.11C]
Any approval of an application for development of a final plat
of a major site plan shall be subject to the following conditions
being satisfied, within a period of time specified by the Planning
Board, prior to signing of the plat or issuance of a building permit.
a.
Proof of payment of real estate taxes for current quarter.
b.
Submission of additional prints of the plat map and attachments for
distribution, if required.
c.
Publication of a notice of the decision by the applicant.
d.
Final Ocean County Planning Board approval, if not previously obtained.
e.
Final Berkeley Sewerage Authority, Municipal Utilities Authority
and/or Board of Health approvals, if not previously obtained.
f.
Issuance of soil erosion permit, if not previously obtained.
g.
Bureau of Fire Prevention approval, if not previously obtained.
h.
Issuance of tree removal permit, if required and not previously obtained.
i.
Granting of State wetlands permit, if required.
j.
Granting of a stream encroachment permit, if required.
k.
Certification of approval of plans for drainage or watercourse diversions
by the State of New Jersey, Department of Environmental Protection
and Energy, where required.
l.
Granting of a Coastal Area Facility Review Act permit, where required.
m.
Granting of drainage and/or access permits by the New Jersey Department
of Transportation, where required.
n.
Approval of any required riparian grants or licenses.
o.
Granting of any required construction permits.
p.
Posting of required performance guarantees.
q.
Payment of required inspection fees.
r.
Evidence of a comprehensive general liability insurance policy in
an amount of not less than $300,000 per occurrence, indemnifying and
saving harmless the Township and its agencies, employees and agents
from any liability for any acts of the subdivider or his agents, contractors
or employees in the implementing of the approved site plan. The insurance
policy shall provide for 30 days' notice to the Township prior to
cancellation. It shall be a violation of this chapter for any property
owner, subdivider or builder to carry on the construction of a subdivision
without having current valid evidence of insurance on file.
s.
Any other conditions imposed by the Planning Board pursuant to the
resolution of memorialization or which may be required by Federal,
State or local Law.
[Ord. No. 94-29 § 118-10.11D]
In the event that the application for development for final
plat of a major site plan is approved, a certification to that effect
in this form:
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Approved as a final plat of a major site plan by Berkeley Township
Planning Board on ________.
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Attest:
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Chairman
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Secretary
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Date
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shall be endorsed on the plat, and the original reproducible
thereof shall be provided to the Planning Board by the applicant.
The original shall be signed by the Chairman and Secretary or Assistant
Secretary of the Planning Board after they receive certification from
the Board Engineer that all conditions of approval have been satisfied.
[Ord. No. 94-29 § 118-10.11E]
Approval of a final plat shall confer upon the applicant all
the rights set forth in N.J.S.A. 40:55D-52.
[Ord. No. 02-44-OAB § 1]
All applications for development east of the Garden State Parkway,
in the Township of Berkeley, including development of an individual
lot, shall be subject to the following restrictions:
a.
Wetland Delineation. A wetlands letter of interpretation (LOI) from
the New Jersey Department of Environmental Protection (NJDEP) shall
be submitted as part of the application for any major subdivision
or major site plan application. A minor subdivision application or
a building permit application for an individual lot shall not be required
to submit an LOI; however, an on-site wetland delineation shall be
prepared by a qualified consultant. If wetlands are present that could
be affected by the proposed improvements, a NJDEP approved LOI shall
be submitted with the minor subdivision application or building permit
application. If no wetlands are observed, a note to that effect shall
be shown on the plans.
1.
Documentation. All wetland and transition areas required pursuant
to N.J.A.C. 7:7A-1 et seq. (New Jersey Freshwater Wetlands Protection
Act Rules) or any successor statutes or regulations shall be clearly
shown on all plats or site plans submitted for approval.
2.
All final plats, final site plans or individual lot building plans
shall include the wetland line(s) identification number as assigned
by NJDEP, pursuant to the Freshwater Wetlands Protection Act.
b.
Wetland Protection Standards. To prevent adverse impacts on delineated
wetlands, the following guidelines shall be employed:
1.
A snow fence shall be installed along the limit of disturbance outside
of the final wetland transition area boundary line prior to the commencement
of on-site construction, so as to prevent encroachment into these
regulated areas.
2.
A silt fence and/or hay bales should be installed downstream from
disturbance areas adjacent to the State-mandated wetland transition
area line (or buffer) so as to prevent the transport of silt into
the wetland areas. The applicant shall avoid encroachment into State-regulated
wetland and transition areas. All existing on-site vegetation within
or adjacent to the wetland areas shall be preserved.
3.
Prior to signing of the final plat or site plan, the applicant shall
provide evidence of the filing of any deed restriction required by
NJDEP to permit transition area modifications.
c.
Conservation Easement. Whenever an LOI or wetlands delineation is required under Subsection a above, all wetlands and transition areas shall be protected by a conservation easement running to the Township. Such conservation easement shall, at the request of the owner of such a property, be amended to conform to any subsequent modification of the included transition areas, provided that such modification is first approved by the New Jersey Department of Environmental Protection. Modifications may include, but are not limited to, transition area averaging plans. An owner may request such modification by submitting an amendatory deed to the Township Engineer for review and approval. The owner shall be responsible to reimburse the Township for the cost of having any in-house or outside professional or technical personnel review the proposed amendatory deed.
