[Amended 1-7-1977 by Ord. No. 853]
The purpose of this chapter is to establish
regulations, requirements and standards for the subdivision and development
of land in said Township, for the making of subdivision plats or maps
(hereinafter referred to as "plats") and site plans and for the official
approval of the same by the municipal agency of the Township, in order
to promote the public health, safety, convenience and general welfare
of the municipality, including the orderly growth and development
thereof.
Subdivision plats and site plans shall be reviewed
and processed by the municipal agency, with the assistance of such
staff as may be provided for by Township Council, in accordance with
the regulations, requirements and standards contained herein; administration
and enforcement after approval by the municipal agency shall be the
responsibility of the Township Manager. Minor rules of procedure,
not inconsistent with law or this chapter, may be adopted by the municipal
agency from time to time to facilitate the performance of its duties
with respect to the subdivision and development of land and the approval
of plats and site plans. Such rules may be amended or repealed at
the discretion of said agency.
A.
No person shall cause to be filed in the office of
the County Clerk of the County of Burlington or submit for such filing
any plat of a subdivision (as defined in this chapter) that shall
not have been approved by the municipal agency and an endorsement
of such approval placed upon the plat and such endorsement signed
by the Chairman and Secretary and the date of endorsement placed thereunder.
B.
Such approval shall be given by resolution, which
shall set forth also any conditions that must be complied with by
the owner before the approval shall become effective and the endorsement
of approval be placed upon the plat.
The endorsement of approval by the municipal
agency upon the plat of a subdivision that shall have been approved
shall be in substantially the following form:
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Pursuant to the Municipal Land Use Law (1975)
of the State of New Jersey,[1] and the Land Subdivision and Development Ordinance of
the Township of Moorestown in the County of Burlington, this plat
is approved by the Planning Board (Board of Adjustment) of the said
Township for filing in the office of the County Clerk of the said
County.
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Date
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Chairman of Planning Board
(Board of Adjustment)
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Date
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Secretary of Planning Board
(Board of Adjustment)
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[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Prior to the preparation of the preliminary plat of a subdivision or a preliminary site plan for land development and the submission of the same to the Zoning Officer, the applicant shall file with the Zoning Officer a written application for initial consideration of the proposed subdivision or land development and for consideration, in due course, of the plat or site plan, when submitted for approval. Such application shall be made on the form prescribed and furnished by the municipal agency, shall be signed by the owner or agent, shall give the information and data called for with respect to the proposed subdivision or land development and shall be accompanied by such sketch-plat schematic or rough layout or other informal drawing as may be requested in the form. The Zoning Officer shall submit said sketch plat, schematic, etc., along with a report of his review findings to the municipal agency. After such review, the applicant may proceed with the preparation of the plat or site plan to be submitted for public hearing and preliminary approval by the municipal agency, in accordance with the provisions of § 158-16A of this chapter.
[Added 9-22-2008 by Ord. No. 22-2008]
Prior to the preparation of any preliminary
plat of a subdivision, or a preliminary site plan for land development
of any site that is five acres or more in size in the R-1 or R-1-A
Districts, and three acres or more in size in the R-2 District, the
applicant shall file with the Zoning Officer a written application
for initial consideration of the proposed conservation design subdivision
or land development. At this time, the Zoning Officer will explain,
in person, the conservation design process, including:
[Amended 10-22-1990 by Ord. No. 1546-90]
A.
No subdivision plat or site plan shall be submitted
to the Planning Board for review unless such plat or site plan:
[Amended 9-28-1998 by Ord. No. 1867-98]
(2)
Shall be jointly certified by the Zoning Officer and
Township Engineer as being complete in accordance with N.J.S.A. 40:55D-1
et seq.
(3)
Shall be signed by the owner of the subject land.
(4)
Shall be accompanied by a plan of the improvements
to be constructed and installed by the owner on and under the surface
of any streets, easements or rights-of-way delineated on the plat
or site plan.
(5)
If the land shown on the plat abuts a county road
or highway, shall be accompanied by written evidence that an application
has been submitted for review to the Planning Board of the County
of Burlington.
(6)
If the land shown on the plat contains or is within
25 feet of a one-hundred-year floodplain or of a bank of a stream,
shall be accompanied by proof that a request for a N.J.D.E.P. verification
of wetlands (letter of interpretation) has been made, and by a plan
based on close inspection, field survey or other appropriate method
which shall show:
[Amended 2-28-2000 by Ord. No. 1914-00]
(7)
Shall be consistent with design plans for streetscape
project areas constructed or planned for construction.
[Added 5-13-2002 by Ord. No. 2001-02]
B.
Checklists for applications for land development.
(1)
Before any application for development is certified complete under § 158-7A(2) of this Code, the applicant shall provide all of the information indicated on the following checklist, a copy of which will be given to the applicant for use in preparing the application.
(2)
If information indicated on the checklist is not applicable
to the particular application about to be made, such information may
be omitted and noted on the checklist as nonapplicable.
(3)
The date for hearing by the reviewing authority shall
be set by the municipality after it has determined that the application
is complete.
[Added 9-22-2008 by Ord. No. 22-2008]
A.
All preliminary and final subdivision or site plan
reviews for tracts over five acres (R-1 and R-1-A Residence Districts)
or tracts over three acres (R-2 Residence Districts) shall be referred
to, reviewed, and approved or disapproved by the Planning Board in
accordance with the procedures specified in this article and in other
sections of this chapter. Any application not processed as required
herein shall be null and void unless it was made prior to the adoption
of these regulations.
B.
Overview of procedures. Subsection B(1) through (4) and (6) through (10) below are required under this chapter for all major subdivisions and site plans. Subsection B(5), sketch plan submission and review, is optional but strongly encouraged as an important, valuable and highly recommended step that will speed the review process and may result in lower costs for the project. These steps shall be followed sequentially, and may be combined or waived only at the discretion of the municipality:
(1)
Preapplication meeting. A preapplication meeting
is encouraged between the applicant, the site designer, the Planning
Board and the municipal agency planner to introduce the applicant
to the municipality's zoning and subdivision regulations and procedures,
to discuss the applicant's objectives, and to schedule site inspections,
meetings and plan submissions as described below. Applicants may present
the existing resources and site analysis map at this meeting.
(2)
The existing resources and site analysis map, as described in § 158-1, Definitions, and § 158-7.2, Existing resources and site analysis map requirements, of this chapter. A yield plan, as described in §§ 180-10.2, 180-12.1, and 180-22.1, Conservation design subdivisions in R-1, R-1-A, and R-2 Residence Districts, shall use the existing resources and site analysis map as a base map to determine density of the proposed conservation design subdivision. Applicants shall submit an existing resources and site analysis map, in its context, prepared in accordance with the requirements contained in § 158-7.2. The purpose of this key submission is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for them in making a site inspection. This map shall be provided prior to or at the site inspection, and shall form the basis for the development design as shown on the diagrammatic sketch plan.
(3)
Site inspection by municipal agency and applicant.
(a)
After preparing the existing resources and site
analysis map, applicants shall arrange for a site inspection of the
property by the municipal agency members and planner, environmental
committee members, and other municipal officials, and shall distribute
copies of said existing resources and site analysis map at that on-site
meeting. Applicants, their site designers, and the landowner are encouraged
to accompany the Planning Board.
(b)
The purpose of the visit is to familiarize local
officials with the property's existing conditions and special features,
to identify potential site design issues, and to provide an informal
opportunity to discuss site design concepts, including the general
layout of designated conservation area lands (if applicable), and
potential locations for proposed buildings and street alignments.
Comments made by municipal officials or their staff and consultants
shall be interpreted as being only suggestive. It shall be understood
by all parties that no formal recommendations can be offered, and
no official decisions can be made, at the site inspection.
(4)
Pre-sketch plan conference. Following the site
inspection and prior to the submission of a diagrammatic sketch plan,
the applicant shall meet with the Planning Board and/or Planning Board
designee to discuss the findings of the site inspection and to develop
a mutual understanding on the general approach for subdividing and/or
developing the tract in accordance with the four-step design process
described in §§ 158-8.1 and 158-32 of this chapter,
where applicable. At the discretion of the Board, this conference
may be combined with the site inspection.
(5)
Sketch plan submission and review (diagrammatic
sketch, optional step). A sketch plan may be submitted by the applicant
as a diagrammatic basis for informal discussion with the Planning
Board regarding the design of a proposed major or minor subdivision
or site plan. Sketch plan submission is strongly encouraged by the
municipality as a way of helping applicants and officials develop
a better understanding of the property and to help establish an overall
design approach that respects its special or noteworthy features,
while providing for the density permitted under the Zoning Ordinance.[1]
 Example sketch plan, courtesy Natural
Lands Trust
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(6)
Preliminary plan submittal, determinations of
completeness, review and approvals. In the R1, R-1-A, and R-2 Districts
where conservation design applies, the four-step design process described
in § 158-8.1 of this chapter must be followed.
(7)
Detailed final plan, preparation: incorporation
of all conceptual preliminary plan approval conditions, documentation
of all other agency approvals, as applicable.
(8)
Detailed final plan, submission: determination
of completeness, review, and approval.
(9)
Municipal Board signatures.
(10)
Recording of approved detailed final plan with
County Recorder of Deeds.
[Added 9-22-2008 by Ord. No. 22-2008]
For all subdivisions, an existing resources
and site analysis map shall be prepared to provide the developer and
the municipality with a comprehensive analysis of existing conditions,
both on the proposed development site and within 500 feet of the site.
Conditions beyond the parcel boundaries may be described on the basis
of existing published data available from governmental agencies, and
from aerial photographs. The municipality shall review the plan to
assess its accuracy, conformance with municipal ordinances, and likely
impact upon the natural and cultural resources on the property. Unless
otherwise specified by the Planning Board, such plans shall generally
be prepared at the scale of one inch equals 100 feet or one inch equals
200 feet, whichever would fit best on a single standard size sheet
(24 inches by 36 inches). The following information shall be included
in this plan:
A.
A vertical aerial photograph enlarged to a scale not
less detailed than one inch equals 400 feet, with the site boundaries
clearly marked.
B.
Topography, the contour lines of which shall generally
be at two-foot intervals, determined by photogrammetry (although ten-foot
intervals are permissible beyond the parcel boundaries, interpolated
from U.S.G.S. published maps). The determination of appropriate contour
intervals shall be made by the Planning Board, which may specify greater
or lesser intervals on exceptionally steep or flat sites. Slopes between
10% and 20% and exceeding 20% shall be clearly indicated. Topography
for major subdivisions shall be prepared by a professional land surveyor
or professional engineer from an actual field survey of the site or
from stereoscopic aerial photography and shall be coordinated with
official U.S.G.S. benchmarks.
C.
The location and delineation of vernal pools, streams,
stream corridors, ponds, ditches, drains, and natural drainage swales,
as well as the one-hundred-year floodplains, and wetlands and transition
areas, as defined in the Zoning Ordinance.[1] Additional areas of wetlands on the proposed development
parcel shall also be indicated, as evident from testing, visual inspection,
or from the presence of wetland vegetation.
D.
Vegetative cover conditions on the property according
to general cover type including cultivated land, permanent grassland,
meadow, pasture, old field, hedgerow, woodland and wetland, trees
with a caliper in excess of 12 inches, the actual canopy line of existing
trees and woodlands. Vegetative types shall be described by plant
community, relative age and condition.
E.
Soil series, types and phases, as mapped by the U.S.
Department of Agriculture, Natural Resources Conservation Service,
in the published soil survey for the county, and accompanying data
published for each soil relating to its suitability for construction
(and, in unsewered areas, for septic suitability).
F.
Ridgelines and watershed boundaries shall be identified.
G.
Identification of current views from scenic roads and historic roads (as designated in the Master Plan and defined in § 180-2), public parks, public forests, and historic corridors as designated by the State Historic Preservation Office.
H.
Geologic formations on the proposed development parcel,
including rock outcroppings, cliffs, sinkholes, and fault lines, based
on available published information or more detailed data obtained
by the applicant.
I.
All existing man-made features including but not limited
to streets, driveways, farm roads, woods roads, buildings, foundations,
walls, wells, drainage fields, dumps, utilities, fire hydrants, storm
and sanitary sewers, and septic systems and wells, on-tract as well
as within 50 feet of the property line, as best as can be determined.
J.
Locations of all historically significant sites or
structures on the tract. This is to include those sites listed in
the Master Plan, as well as unlisted structures found on tracts such
as cellar holes, stone walls, earthworks, and graves.
K.
Locations of trails and waterways that have been in
public use (pedestrian, equestrian, bicycle, nonmotorized boat, etc.).
L.
All easements and other encumbrances of property which
are or have been filed of record with the Recorder of Deeds of Burlington
County shall be shown on the plan.
M.
Total acreage of the tract and the constrained land
area with detailed supporting calculations.
[Added 9-22-2008 by Ord. No. 22-2008]
A.
Applicability. A diagrammatic sketch plan is strongly
encouraged for all proposed minor or major subdivisions. Such plans
are for informal discussion only. Submission of a sketch plan does
not constitute formal filing of a plan with the municipality, and
shall not commence the statutory review period as required by the
Municipal Land Use Law.[1] The procedures for submission of a diagrammatic sketch
plan are described below, and may be altered only at the discretion
of the municipality.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
To provide a full understanding of the site's potential and to facilitate the most effective exchange with the Planning Board, a sketch plan should be drafted and should include the information listed below. Many of these items can be taken from the existing resources and site analysis map, a document that must in any case be prepared and submitted no later than the date of the site inspection, which precedes the preliminary plan (see § 158-7.1B). In fact, the diagrammatic sketch plan may be prepared as a simple overlay sheet placed on top of the existing resources and site analysis map.
(1)
Name(s) and address(es) of the legal owner,
the equitable owner, and/or the applicant;
(2)
Name(s) and address(es) of the professional
engineer, surveyor, planner, architect, landscape architect, or site
designer responsible for preparing the plan;
(3)
Graphic scale (not greater than one inch equals
200 feet; however, dimensions on the plan need not be exact at this
stage) and north arrow;
(4)
Approximate tract boundaries, sufficient to
locate the tract on a map of the municipality;
(5)
Location map;
(6)
Zoning district;
(7)
Streets on and adjacent to the tract (both existing
and proposed);
(8)
One-hundred-year floodplain limits, and approximate
location of wetlands and transition areas, vernal pools, streams,
and stream corridors, if any.
(9)
Topographic, physical, and cultural features
including fields, pastures, meadows, wooded areas, trees with a diameter
of 12 inches or more, hedgerows and other significant vegetation,
steep slopes (over 10%), soil types, ponds, ditches, drains, dumps,
storage tanks, streams within 200 feet of the tract, and existing
rights-of-way and easements, and cultural features such as all structures,
foundations, walls, wells, trails, and abandoned roads;
(10)
Schematic layout indicating a general concept
for land conservation and development ["bubble" format is acceptable
for this delineation of Step One of the four-step design process described
in § 158-8.1A(1) of this chapter];
(11)
Proposed general street and lot layout; and
(12)
In the case of land development plans, proposed
location of buildings and major structures, parking areas and other
improvements.
(13)
General description of proposed method of water
supply, sewage disposal, and stormwater management.
D.
The developer shall not be bound by any concept plan/sketch
plan for which the review is requested, and the Planning Board shall
not be bound by any such review.
E.
Sketch plan submission and review.
(1)
Copies of a diagrammatic sketch plan, meeting the requirements set forth above, shall be submitted to the Planning Board Secretary during business hours for distribution to the Planning Board, the Municipal Agency Planner, the Municipal Engineer and applicable municipal advisory boards at least seven days prior to the Planning Board meeting at which the sketch plan is to be discussed. The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for conservation area lands, house sites, and street alignments, and shall be based closely upon the information contained in the existing resources and site analysis map. The sketch plan shall also be designed in accordance with the four-step design process described in § 158-8.1, and with the design review standards listed in § 158-7.3, Sketch plan review by the Planning Board.
(2)
The Planning Board shall review the sketch plan
in accordance with the criteria contained in this chapter and with
other applicable ordinances of the municipality. Their review shall
informally advise him/her of the extent to which the proposed subdivision
or land development conforms to the relevant standards of this chapter,
and may suggest possible plan modifications that would increase its
degree of conformance. Their review shall include but is not limited
to:
(a)
The location of all areas proposed for land
disturbance (streets, foundations, yards, septic disposal systems,
stormwater management areas, etc.) with respect to notable features
of natural or cultural significance as identified on the applicant's
existing resources and site analysis map and on the Township's open
space plan;
(b)
The potential for street connections with existing
streets, other proposed streets, existing bikeways, sidewalks, and
multipurpose trails, other proposed bikeways, sidewalks, and multipurpose
trails, or potential developments on adjoining parcels;
(c)
The location of proposed access points along
the existing road network;
(d)
The proposed building density and impervious
coverage;
(e)
The compatibility of the proposal with respect
to the objectives and policy recommendations of the Master Plan and
the open space plan; and
A.
No plat or site plan shall be given preliminary or
final approval by the municipal agency unless a public hearing upon
the question of such approval shall have been held by the Board upon
not less than 10 days' notice, published and given by the applicant
as required by N.J.S.A. 40:55D-11 and 40:55D-12, and containing such
information as may be required by said law; and copies of the maps
and other documents to be considered at the hearing shall be available
for public inspection in the office of the Zoning Officer.
B.
Notwithstanding anything to the contrary, the Planning
Board may waive the above requirements for public hearing and notice
for:
[Added 6-9-1980 by Ord. No. 1036]
(1)
Subdivisions which will not create any new lot or
lots and which conform to all regulations.
(2)
Minor site plans, as defined in this chapter.[1]
[1]
Editor's Note: Former §§ 158-8.1, Four-step
design process for tracts five acres or more in the R-1 and R-1-A
Districts and tracts three acres or more in R-2 Districts, and 158-8.2,
Preliminary conservation area ownership and management plan, added 9-22-2008 by Ord. No.
22-2008, which immediately followed this section,
were repealed 9-13-2021 by Ord. No. 30-2021.
As a condition of the final approval of any
plat of a subdivision or of a site plan (if applicable), the municipal
agency shall require the following:
A.
The submission of evidence satisfactory to the municipal
agency that the owner of the land lying within the side lines of all
new streets, roads, avenues and easements shown on the plat is the
sole owner thereof and holds an absolute estate in fee simple therein.
B.
Bond; performance guaranty.
(1)
The delivery to the Township of a bond, with a surety corporation which complies with the standards or requirements of acceptable surety corporations established by resolution of the Township Council or with cash or cash equivalent in form approved by the Township Attorney, duly executed as principal by the owner of the land shown on the plat and by the corporate surety (if applicable) and conditioned for the proper and complete construction and installation by the principal, at the cost and expense of the principal, and within such reasonable period of time as the Planning Board shall determine, of all the hereinafter mentioned improvements on and under the surface of the streets, roads, avenues and easements shown on the plat (except where any of such improvements, properly located and in good condition, are already in existence and are expressly excepted by the Planning Board from the principal's obligation). The subdivider shall first submit to the Township an itemized breakdown of the estimated costs of the construction and installation of required improvements, prepared by a licensed professional engineer, who shall seal and sign his name to the estimate. The amount of such bond shall be equal to the total estimated costs of the construction and installation of such improvements, as verified and approved by the Township Engineer, plus 20% of said total as assurance to the Township for payment of required inspection fees, possible increase of costs and all expenses incurred by the Township in the event of bond default, including legal and court costs to protect the Township's rights under the bond. Bonds shall be accepted only after review and approval of the Township Attorney. Improvements shall include grading, including fill, where necessary, of the full width of such streets, roads, avenues and easements and paving of the roadway of such streets, roads and avenues; concrete curbs, concrete or other approved gutters and (except in R-1 Residence Districts) concrete sidewalks on both sides of such streets, roads and avenues; street signs at the intersections of the streets and roads and avenues; water mains, with individual service connections to the abutting lots, in said streets, roads and avenues, together with fire hydrants at the locations indicated by the Planning Board, which water mains shall be connected to the municipal water main or water mains of the Township; sanitary sewers, with individual service connections to the abutting lots, in said streets, roads and avenues, which sewers shall be connected to the municipal sanitary sewerage system of the Township; storm sewers, where required by the Planning Board, adequate to collect and carry off all surface waters reaching and accumulating on the land shown on the plat and discharging such waters at a lawful, proper and approved place or places of disposal; shade trees on both sides of said streets, roads and avenues; topsoil protection, as required by the Planning Board, monuments and underground utility lines, as required by § 158-30 hereof; and such other improvements as may be required by this chapter.
(2)
The surety bond shall make provision also for retention
of 15% of the full amount of the bond to assure maintenance of the
required improvements for a period of two years after the date of
completion of all improvements by the developer. Upon the satisfactory
completion of all required improvements, except the final coat of
street paving and shade tree planting, the Township Council may authorize
reduction in the amount of the performance guaranty upon receipt of
a two-year maintenance bond as to those improvements then completed
and accepted or a two-year maintenance bond as to all improvements
running from the date of acceptance of all improvements, which bond
shall have first been approved by the Township Attorney. Sewer and
water utilities and streetlights may be accepted independently of
streets, upon receipt of separate easements for those utilities and
lights, but acceptance of said utilities and lights shall under no
circumstances be construed to constitute acceptance of the streets.
(3)
A performance guaranty or assurance other than a surety
bond, such as an escrow agreement, cash deposit or similar collateral,
may be accepted when, in the opinion of the Township Attorney, such
alternative guaranty or assurance provides greater protection to the
Township than a surety bond.
(4)
Every such performance guaranty shall also require
delivery to the Township, upon completion of construction and termination
of the maintenance bond, the following:
(a)
A proper release, duly executed and acknowledged
or proved, of any and all mortgages, judgments and other liens covering
all or any part of the land lying within the side lines of said streets,
roads, avenues and easements and other rights-of-way.
(b)
A proper deed, duly executed and acknowledged
or proved by the owner of the land, dedicating to the public for street
purposes all land lying within the side lines of said streets, roads
and avenues and lands for other public purposes, together with such
title insurance in favor of the Township as may be required by the
Planning Board, in an amount not exceeding the assessed valuation
of such land.
(c)
A proper deed, duly executed and acknowledged
or proved by the owner of the land, granting to the Township of Moorestown
all easements and other interests in real estate shown on the plat
for the public purposes indicated thereon.
(5)
In lieu of a deed granting easements for streets and
other interests in real estate dedicated for public purposes, the
Planning Board may accept a report of title in favor of the Township
for the current year from a reputable title company indicating that
there are no liens, mortgages or other encumbrances affecting title
to the land or the right of the subdivider to make the dedications
and grant the easements shown on the final recorded plat.
C.
The submission of evidence satisfactory to the municipal agency of approval by the Planning Board of the County of Burlington of the application submitted pursuant to § 158-7A(5) of this chapter.
D.
The submission of evidence of the publication of notice
required to be published under N.J.S.A. 40:55D-10i.
E.
The submission of proof that no municipal taxes or
assessments for local improvements are due or delinquent.
F.
Off-tract improvements.
[Added 11-30-1998 by Ord. No. 1868-98]
(1)
When required. Whenever an application for development
requires the construction of off-tract improvements that are clearly,
directly and substantially related to or necessitated by the proposed
development, the Planning Board or Zoning Board of Adjustment, as
the case may be, shall provide as a condition of final site plan or
subdivision approval that the applicant shall pay the pro rata share
of such off-tract improvements. Off-tract improvements shall include
water, sanitary sewer, drainage and street improvements, including
such easements as are necessary, or as may otherwise be permitted
by law. The applicant shall either install the off-tract improvements
or pay the pro rata cost to the Township, at the sole discretion of
the municipality.
(2)
Determination of cost. When off-tract improvements
are required, the Township Engineer shall calculate the cost of such
improvements in accordance with the procedures for determining performance
guaranty amounts in N.J.S.A. 40:55D-53.4. Such costs may include but
not be limited to any or all costs of planning, surveying, permit
acquisition, design, specification, property and easement acquisition,
bidding, construction, construction management, inspection, legal
and other common and necessary costs for the construction of improvements.
The Township Engineer shall also determine the percentage of off-tract
improvements that are attributable to the applicant's development
proposal and shall expeditiously report his findings to the board
of jurisdiction and the applicant.
(3)
Improvements required solely for applicant's development.
Where the need for an off-tract improvement is necessitated by the
proposed development and no other property owners receive a special
benefit thereby, or where no planned capital improvement by a governmental
entity is contemplated, or the improvement is required to meet the
minimum standard of the approving authority, the applicant shall be
solely responsible for the cost and installation of the required off-tract
improvements.
(4)
Improvements required for applicant's development and benefitting others. Where the off-tract improvement would provide capacity in infrastructure in excess of the requirements in Subsection F(3), above, the applicant shall be eligible for partial reimbursement of costs for providing such excess. The calculation of excess shall be based on an appropriate and recognized standard for the off-tract improvement being constructed, including but not limited to gallonage, cubic feet per second and number of vehicles. Nothing herein shall be construed to prevent a different standard from being agreed to by the applicant and the Township Engineer. The process, procedures and calculation used in the determination of off-tract costs shall be memorialized in a municipal developer's agreement to be reviewed and approved by the Township Attorney who may request advice and assistance from the Planning Board Attorney. Future developers benefitting from the excess capacity provided by the initial developer shall be assessed their pro rata share of off-tract improvement cost based on the same calculation used in the initial calculation. Such future developers shall pay their assessment, plus a 2% administration fee, to the Township, not to exceed $2,000, at the time of the signing of the final plat or final site plan as a condition precedent to such signing. The Township shall forward the assessment payment to the initial developer within 90 days of such payment.
(5)
Performance guaranty. The applicant shall be required to provide, as a condition of final approval, a performance guaranty for the off-tract improvements in accordance with N.J.S.A. 40:55D-53 and § 158-9B, above.
(6)
Certification of costs. Once the required off-tract
improvements are installed and the performance bond released, the
developer shall provide a certification to the Township Engineer of
the actual costs of the installation. The Township Engineer shall
review the certification of costs and shall either accept them, reject
them or conditionally accept them. In the review of costs, the Township
Engineer shall have the right to receive copies of invoices from the
developer sufficient to substantiate the certification. Failure of
the developer to provide such invoices within 30 days of the Township
Engineer's request shall constitute forfeiture of the right of future
reimbursement for improvements that benefit others.
(7)
Time limit for reimbursement. Notwithstanding any
other provision to the contrary, no reimbursement for the construction
of off-tract improvements providing excess capacity shall be made
after 10 years has elapsed from the date of the acceptance of the
certification of costs by the Township Engineer.
A.
In the event that the municipal agency shall determine, with respect to any plat or application for subdivision submitted to it, that such plat or application does not show more than five new lots, that no new street is involved, that no off-tract improvements are required, that the proposed subdivision will not interfere with the proper subdivision and development of the adjacent lands and that the appropriate provisions of Article IV are complied with, the municipal agency, after a public hearing has been held, is authorized but not required to approve by resolution said application as a minor subdivision.
[Amended 6-13-2011 by Ord. No. 15-2011]
B.
A notice of such hearing shall be published by the
applicant at least once in a newspaper circulating within the Township
at least 10 days prior to said hearing. The Planning Board may waive
said requirement of public hearing and notice where the application,
if approved, will not create any additional lot or lots.
C.
The transfer of title to one or more adjoining lots,
tracts or parcels of land owned by the same person or persons shall
not constitute a subdivision of land if said lots, tracts or parcels
all conform to the requirements of the appropriate provisions of this
chapter and the Moorestown Township Zoning Ordinance[1] and regulations issued thereunder and are shown and designated
as separate lots, tracts or parcels on the Township Tax Maps.
A.
The regulations, requirements and standards contained
in this chapter constitute the minimum requirements for the protection
of the public health, safety, convenience and welfare, as affected
by the subdivision and development of lands, of the inhabitants of
the Township; and the municipal agency shall give primary consideration
to such fact in deciding upon all action taken by it under this chapter;
provided, however, that if the applicant can demonstrate to the municipal
agency that, because of peculiar conditions pertaining to the land
proposed to be subdivided or developed, the literal enforcement of
one or more of said regulations, requirements and standards is impractical
or will result in undue hardship, the municipal agency may waive such
provisions as will be reasonable and within the general purpose and
intent of said regulations, requirements and standards established
by this chapter.
B.
In any case of peculiar conditions pertaining to the
land proposed to be subdivided, if the minimum standards herein provided
are determined by the municipal agency to be inadequate for the protection
of the public health, safety, convenience and welfare, then the agency
may require compliance with such additional standards as it deems
reasonable and within the general purpose and intent of this chapter.
C.
The waiver of sewer connection requirements (under § 158-24 hereof or under § 158-10 hereof) shall be subject to the following:
[Amended 11-25-1991 by Ord. No. 1595-91]
(1)
An engineering report shall be submitted indicating
that all proposed lots can meet the standards established in N.J.A.C.
7:9A-1.1 to 7:9A-12.8 for individual subsurface sewage disposal systems.
The report shall be subject to the approval of the Township Engineer
and shall include the results of all soil evaluation and testing according
to N.J.A.C. 7:9A-1.1 to 7:9A-12.8.
(2)
Said waiver shall not be granted for the construction
or alteration of an individual subsurface sewage disposal system where
a sanitary sewer line is available within 100 feet of the property
to be served.
(3)
Said waiver shall not be granted to any lot less than
1.5 acres in area. Lots existing as of September 1, 1991, and having
less than 1.5 acres in area may be granted a waiver if a pressure-dosing
system can be designed for that lot in conformance with N.J.A.C. 7:9A-1.1
to 7:9A-12.8.
(4)
In all cases where plans are available indicating
the location of future sewer line extensions to serve the lot or lots
involved, the individual system shall be designed to connect with
said sewer lines and shall provide capped sewer laterals to be installed
extending to the location of future sewer mains.[1]
[1]
Editor's Note: Former Subsection C(5), prohibiting
garbage disposal units, which followed this subsection was repealed
7-28-2003 by Ord. No. 17-2003.
[Amended 3-13-1989 by Ord. No. 1463-89; 4-3-2006 by Ord. No. 6-2006]
Unless specifically set forth within any subsection of this chapter, penalties shall be in accordance with Chapter 66 of the Code of the Township of Moorestown.
In accordance with N.J.S.A. 40:55D-26, all applications
for subdivisions (plats) and land developments (site plans) submitted
to the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-76b
shall be referred to the Planning Board for review and recommendation.
Such references shall not extend the time for action by the Board
of Adjustment, which Board shall state by what date a report shall
be rendered. Whenever the Planning Board shall have made a recommendation,
such recommendation may be rejected by the Zoning Board of Adjustment
only by a majority of the full authorized membership.
A.
General.
[Amended 6-14-1984 by Ord. No. 1218; 5-12-1986 by Ord. No.
1309; 4-30-2007 by Ord. No. 14-2007]
(1)
Application fees as set forth below are nonrefundable
and are to cover the administrative costs incurred by the Township
in processing applications. Application fees shall be submitted with
the application and paid in full prior to certification of a complete
application.
(2)
The escrow accounts are to pay the cost of Tax Map
revisions and professional review by the Township Engineer, Township
Municipal Agency Attorneys, planning consultant, landscaping consultant,
traffic engineers and other professionals employed to review and make
recommendations on an application for development. The applicant shall
be charged an amount equal to the expenditures made by the Township
for professional services rendered to the Township in reviewing the
application.
(3)
At the time of submitting an application to the Department
of Community Development, the applicant shall be required to submit
the escrow and execute an escrow agreement to cover all necessary
and reasonable costs incurred by the municipal review agency during
the review of the application on a form as approved by the Township
Attorney. The amounts specified for escrow are estimates which shall
be paid in full prior to certification of a complete application.
In the event that more than the amounts specified for escrow are required
to pay the reasonable costs incurred, the applicant shall, upon written
demand of the Department of Community Development, pay into the escrow
all additional sums required. All costs incurred shall be reimbursed
by the applicant whether the application is approved or denied.
(4)
In the event that the amounts posted are more than
those required, the excess funds shall be returned to the applicant
within 45 days of the determination by the Director of Community Development
and the Comptroller that all amounts to be paid pursuant to the escrow
have, in fact, been paid.
(5)
The Department of Finance shall maintain an itemized
account for each application and shall periodically advise the Department
of Community Development of the balance of all escrow accounts.
(6)
It shall be the obligation of the Department of Community
Development to notify the applicant of the amounts needed. In addition
to these terms, the escrow agreement may include any additional terms
which are agreed to by the applicant and the municipal agency.
B.
Schedule of fees and escrows.
[Amended 6-9-1980 by Ord. No. 1036; 6-14-1984 by Ord. No. 1218; 5-12-1986 by Ord. No. 1309; 11-26-1990 by Ord. No.
1553-90; 4-5-1993 by Ord. No. 1648-93; 7-28-1997 by Ord. No.
1832-97; 12-9-2002 by Ord. No. 2023-02; 4-30-2007 by Ord. No.
14-2007; 3-11-2013 by Ord. No. 2-2013; 5-4-2015 by Ord. No. 4-2015; 3-8-2021 by Ord. No. 8-2021]
F.
All improvements and utility installations shall be
inspected during the time of their installation under the supervision
of the Township Engineer to ensure satisfactory completion. The cost
of said inspection shall be the responsibility of the owner and he
shall deposit with the Township Director of Community Development,
for placement in an escrow account, a sum equal to 6% of the amount
of the cost of all required improvements. If inspection costs exceed
such fund, the owner shall deposit such additional sums as are required
by the Township Director of Community Development. The Township shall
return any balance of the inspection escrow to the owner upon expiration
of the maintenance bond. In no event shall the escrow account contain
less than 25% of the original inspection escrow.
[Amended 7-9-1990 by Ord. No. 1537-90]
G.
In the event of any other expenses to the Township
occasioned by virtue of an application for approval of a subdivision
or land development, the developer shall be charged the equivalent
of the actual cost to the Township in the case of services provided
to the Township on a fee basis; in the case of services provided directly
by the Township, the developer shall be charged an amount equal to
the cost for said work as estimated by the Township Manager, said
estimates to include an allowance for overhead expense.
H.
The payment for the inspection fee shall be due and
payable to the Township at the time of final approval of any plat
or site plan.
J.
In the event that an application shall be withdrawn
prior to approval and there are outstanding review fees in excess
of the balance in the escrow account, the Comptroller shall bill the
applicant for the amount of said excess. Such bills shall be due and
payable within 30 days from date of bill and, if not paid by the due
date, shall bear interest at the rate of 12% per annum or 1% in excess
of the discount rate on ninety-day commercial paper in effect at the
Federal Reserve Bank of New York 30 days after the date of billing,
whichever is less (but in no event less than 8% per annum), commencing
30 days after billing date.
[Amended 1-25-1982 by Ord. No. 1105; 2-13-1984 by Ord. No.
1198; 6-11-1984 by Ord. No. 1218]
K.
All payments due the Township under this section must
be paid prior to any release of any bond posted under this chapter.
From the submission by the applicant of a complete application, as provided for in § 158-7A, to the Zoning Officer, the municipal agency must, unless the applicant agrees to an extension, grant or deny approval within the following numbers of days:
A.
In the case of the Planning Board:
(3)
For a final site plan or final major subdivision plat:
45 days.
(4)
For a minor subdivision plat or a minor site plan:
45 days.
[Amended 6-9-1980 by Ord. No. 1036]
(5)
For a combined application:
(a)
For a conditional use permit and a site plan:
95 days.
(b)
For a subdivision plat and a conditional use
permit or site plan: the longest time period for action by the Planning
Board, whether it be for subdivision, conditional use or site plan
approval.
(c)
For a subdivision plat, site plan or conditional
use permit and certain zoning variances or direction of the issuance
of a permit for a building, not related to a street or in an area
designated on the Official Map for public acquisition or use: 95 days.
B.
In the case of the Zoning Board of Adjustment: 120
days.
[Added 7-28-1997 by Ord. No. 1831-97; amended 4-26-1999 by Ord. No. 1884-99]
A.
Purpose.
(1)
The Township of Moorestown has an interest in
limiting development that exists on lands which have the presence
of materials which exceed in concentration the Cleanup Standards for
Contaminated Sites, N.J.A.C. 7:26D, as promulgated by the New Jersey
Department of Environmental Protection.
(2)
The Township of Moorestown declares that development
of properties shall be prohibited in the absence of a determination
that the property does not exceed the standards set forth in the State
of New Jersey Department of Environmental Protection Soil Cleanup
Criteria.
(3)
The Soil Cleanup Criteria, last revised on July
11, 1996, are incorporated herein by reference as set forth at length.
All future amendments to these criteria by the New Jersey Department
of Environmental Protection shall be immediately incorporated by reference
without the need to formally amend this chapter.
B.
Soil sampling and testing required.
(1)
As part of and as a condition for approval for
each application for development, other than applications that involve
variances (if said variances do not include site plan or subdivision
approval), signs, minor site plans and conditional use or use zoning
permit applications which do not involve intensive use by children
(e.g. schools, day-care centers and playgrounds), or for any transfer
or dedication of land to the Township, any governmental agency or
a homeowners' association, for any reasons whatsoever, the applicant
or transferor shall submit to the Township Engineer a contaminant
testing plan following protocol in accordance with the New Jersey
Department of Environmental Protection Field Sampling Procedures Manual,
dated May, 1992, and N.J.A.C. 7:26E, Technical Requirements for Site
Remediation. The contaminant testing plan shall include an investigation
that meets the requirements of N.J.A.C. 7:26E-3.1 et seq.
(2)
The contaminant testing plan will be used to
determine the presence of arsenic, lead or other contaminants, including
those pesticides scanned using Environmental Protection Agency (EPA)
method SW-846-8081a, in an amount exceeding the New Jersey Department
of Environmental Protection Soil Cleanup Criteria.
(3)
The Township Engineer shall deem any naturally
occurring contaminants to be man-made for the purposes of determining
whether they are present in excess of New Jersey Department of Environmental
Protection (NJDEP) Soil Cleanup Criteria, regardless of whether they
are found to be naturally occurring.
(4)
The soil sampling and test result report produced
pursuant to N.J.A.C. 7:26E must be submitted to the Township Council,
Planning Board, Zoning Board and/or Director of Community Development,
as applicable, with the application for development or permit, transfer
or dedication.
(5)
In addition to the requirements of the protocol described in Subsection B(1) herein, additional sampling sites shall be added to the contaminant testing plan to the extent required so that at least one soil sample shall be taken for every lot for lots that are less than two acres, and for lots that are greater than two acres, at least one soil sample shall be taken for every two acres of that lot.
(6)
In addition to the requirements herein, as part
of and as a condition for approval for each application for residential
subdivision, major site plan or variance application involving same,
the applicant shall perform on the property a Phase I Environmental
Assessment pursuant to the standards set forth in the American Society
for Testing and Materials (ASTM) Document E1527-97, Standard Practice
for Environmental Site Assessments: Phase I Environmental Site Assessment
Process, except that said requirement may be waived by the Planning
Board for minor subdivision applications.
C.
Qualifications.
(1)
The individual(s) who prepares and conducts
the soil sampling and test result report shall provide a resume of
qualifications as part of the required report. Individual qualifications
must demonstrate that the persons conducting the soil sampling and
testing are qualified to conduct such environment engineering work
based on education, previous project experience and current DEP Standards.
(2)
The contracting laboratory must be certified
with the State of New Jersey and possess a valid license from the
State of New Jersey.
D.
Insurance. The firm or individual conducting and preparing
the soil sampling and test result report shall submit a current certificate
of insurance, evidencing general liability coverage, including errors
and omissions coverage, in the amount of at least $2,000,000 per claim.
E.
Escrow. As part of each application referred to in Subsection B(1) or (7) herein, the applicant shall post an escrow for the professionals required by the Township to review any test results and/or remediation plans required by § 158-15.1, additional investigations, site inspections, risk assessments and any required reports.
F.
Further requirements and remediation.
(1)
In the event that arsenic, lead or other contaminants,
including those pesticides scanned using EPA method SW-846-8081a,
are present on a property in excess of the NJDEP Soil Cleanup Criteria,
the applicant shall submit to the Township Engineer a contaminant
remediation plan following protocol in accordance with N.J.A.C. 7:26E,
Technical Requirements for Site Remediation.
(2)
Upon approval by the Township Engineer, the
contaminant remediation plan shall be submitted to the New Jersey
Department of Environmental Protection and based on same, the applicant
shall procure a site-wide letter of no further action or a remedial
action workplan based on the contaminant remediation plan where the
proposed action will result in a site-wide letter of no further action,
or documentation from the New Jersey Department of Environmental Protection
that the property may be developed based on less than complete remediation
but based upon the contaminant remediation plan as approved by the
New Jersey Department of Environmental Protection.
(3)
Any contaminants contained within the upper
portion of the soil shall be deemed man-made for the purposes of determining
whether they are present in excess of NJDEP Soil Cleanup Criteria,
determining the need for remediation and determining whether to approve
the contaminant remediation plan, regardless of whether they are found
to be naturally occurring.
(4)
In the event that the results of a Phase I Environmental
Assessment required herein recommends the performance of a Phase II
Environmental Assessment, then that action shall be taken. In the
event that any Phase I or subsequent Phase II environmental study
is performed which requires remediation, then that remediation shall
be performed pursuant to a plan submitted to and approved by the Township
Engineer or professionals, which approval shall be consistent with
N.J.A.C. 7:26E.
(5)
Performance of all of the requirements of § 158-15.1 shall be a condition of approval for all applications or conveyances for which a contaminant testing plan must be submitted pursuant to § 158-15.1B(1).
(6)
No development shall occur on the subject property
until such time as all of the requirements of this section have been
fulfilled, including the completion of any testing and/or remediation
required herein.
G.
Notification. In the event that, for any major subdivision
application, remediation is required pursuant to the results of a
Phase I Environmental Assessment or soil test required herein, any
entity subsequently selling any of the subject lots shall disclose
to every lot buyer, as part of its sales and marketing information,
the test results and plan of remediation.
