[Amended 1-7-1977 by Ord. No. 853]
Plats submitted for public hearing and tentative
approval and plats submitted for final approval shall conform to the
following:
A.
Plats submitted for public hearing and preliminary
approval. The applicant shall submit eight copies of the following
plats and materials with his application for public hearing and tentative
approval:
(1)
The subdivision plat, at a scale of 100 feet or less
to the inch, indicating the following:
(a)
The limits and dimensions of the tract to be
subdivided and its identifying numbers on the Township Tax Map.
(b)
Existing and proposed streets, including the
widths of the right-of-way and cartway.
(c)
The proposed lot layout, with dimensions and
area of each lot.
(d)
The location and dimensions, where applicable,
of existing buildings, easements, rights-of-way, public lands, tree
masses, streams and other such features and monuments.
(e)
The location and dimensions of proposed easements
and their purpose or purposes, rights-of-way and land reserved for
public purposes.
(f)
The method of drainage of the tract and adjacent
territory.
(g)
Existing topographic contours at not more than
two-foot intervals or at such intervals that the contours shall have
a maximum spacing of 100 feet. Elevation of high and low points and
drainage areas shall be shown. All elevations shall be referred to
the nearest bench mark on United States Geological Survey datum. The
topographic contours shall also indicate the surface drainage on the
immediately adjacent properties, where accessible, for a minimum distance
of 25 feet and show all physical features that may affect the proposed
subdivision. The plans shall also show final contours or spot elevations
in sufficient detail to enable the Township Engineer to determine
proposed drainage flow.
(h)
The name and address of the subdivider and his
agent, if any, and the name, seal and signature of the professional
engineer or surveyor licensed to practice in New Jersey who prepared
the plan.
(i)
The designation of the number of acres in the
tract, the number of lots, acres of public space, lots per acre and
the acres used in streets.
(j)
Profiles and typical cross sections of streets,
sanitary sewers, storm sewers, and underdrains.
(k)
The sufficient number of borings, to a depth
of not less than eight feet but not more than 15 feet below proposed
finish grade, to indicate soil types and depths and elevation of the
water table in the entire tract with reference to proposed finish
grades.
(l)
A complete outbound survey of the entire tract,
including all exceptions and easements.
(m)
Grading on lots. The minimum slope approved
shall be 2% on grass areas and 1/2 of 1% on sidewalk and paved areas.
Flatter grades may be approved where other drainage methods are used,
but in no event shall a grade of less than 2% be approved on a grass
area within 25 feet of any below-grade basement.
(2)
A sketch or map, at a smaller approximate scale, showing
clearly the location of the proposed subdivision in relation to adjacent
properties, the names and addresses of the owners of adjacent and
facing properties within 200 feet of the tract boundary and streets,
lots and streams within 500 feet.
(3)
Plans of proposed utilities, including sanitary sewers,
storm sewers, water, gas, telephone and electricity, indicating location,
course and connections to existing systems, in sufficient detail to
enable the Township Engineer to determine feasibility. A written report
on surface drainage, including area drained and calculations, shall
be submitted.
(4)
Plans or a statement of other proposed improvements,
including curbs, paving, gutters, sidewalks, street signs, fire hydrants
and shade trees.
(5)
Sketches of typical lot layouts, indicating front,
side and rear yards, and a summary table of the number of dwelling
units proposed.
(6)
A statement of the proposed order of development of
parts of the subdivision or the developer's intent to commit himself
to full development at one time.
(7)
All existing and proposed protective covenants and
deed restrictions.
(8)
Such other information as the Planning Board may require
to determine compliance with the intent and specific provisions of
this chapter.
B.
Plats submitted for final approval. Plats submitted
for final approval shall be drawn in ink on tracing cloth at a scale
of approximately one inch equals 100 feet and in compliance with all
the provisions of Chapter 358 of the Laws of 1953 of the State of
New Jersey.[1]
(1)
The plat shall show or be accompanied by the following:
(a)
The date, name and location of the subdivision,
name of the owner, graphic scale and reference meridian.
(b)
The tract boundary lines, rights-of-way, land
to be reserved or dedicated to public use, all lot lines and other
site lines, with accurate dimensions, bearings or deflection angles
and radii, arcs and central angles of all curves.
(c)
The purpose of any easement or land reserved
or dedicated to public use shall be designated, and the proposed use
of sites other than residential shall be noted. All easements granted
for municipal utility purposes shall either be designated as "general
municipal easements" or for specific municipal purposes where utilities
authorized by the Planning Board have been installed.
(d)
Each block shall be numbered, and the lots within
each block shall be numbered according to the pattern established
by the Township Engineer.
(e)
Minimum building setback line on all lots and
other sites.
(f)
The location and description of all monuments.
(g)
The names of owners of adjoining unsubdivided
land.
(h)
Certification by an engineer or surveyor as
to the accuracy of details of the plat.
(i)
Certification that the applicant is the owner
of the land.
(j)
When approval of a plat is required by an officer
or body of such municipality, county or state, such approval shall
be certified on the plat.
(k)
Cross sections and profiles of streets, contours
at five-foot intervals for slopes averaging 10% or greater and at
two-foot intervals for land of lesser slope and plans and profiles
of storm and sanitary sewers and water mains, approved by the Township
Engineer.
(l)
Copies of all existing and proposed protective
covenants and deed restrictions.
(2)
Before consideration of a final subdivision plan, the subdivider shall have installed the improvements required by Article IV or by the Planning Board, or shall have posted a surety bond or other acceptable performance guaranty to assure the installation of required improvements, in accordance with § 158-9B.
[1]
Editor's Note: The provision of Chapter 358
of the Law of 1953 was repealed by L. 1960, c. 141. See now N.J.S.A.
46:23-9.9.
The subdivider shall observe the following requirements
and principles in the design of the subdivision.
A.
General. The subdivision plat shall conform to design
standards that will encourage good development patterns within the
municipality. Where either or both an official map or master plan
has or have been adopted, the subdivision shall conform to the proposals
and conditions shown thereon. The streets, drainage rights-of-way,
school sites, public parks and playgrounds shown on an officially
adopted Master Plan or Official Map shall be considered in approval
of subdivision plats. Where no Master Plan or Official Map exists,
streets and drainage rights-of-way shall be shown on the plats in
accordance with Section 20 of Chapter 433 of the Laws of 1953[1] and shall be such as to lend themselves to the harmonious
development of the municipality and enhance the public welfare in
accordance with the following design standards.
[1]
Editor's Note: N.J.S.A. 40:55-1.20 (Section
20 of Chapter 433 of the Laws of 1953) was repealed by L. 1975, c.
291. See now N.J.S.A. 40:55D-38 to 40:55D-41.
B.
Streets.
(1)
The arrangement of streets not shown on the Master
Plan or Official Map shall be such as to provide for the appropriate
extension of existing streets.
(2)
Minor streets shall be so designed as to discourage
through traffic.
(3)
No privately owned structure such as a private irrigation
system, invisible fence, etc. shall be permitted in the public right-of-way.
[Amended 7-8-1981 by Ord. No. 1086; 11-14-2005 by Ord. No.
32-2005]
(4)
Certification of streets.
(a)
Classification of streets shall be determined
by the Planning Board. Right-of-way widths, measured from lot line
to lot line, and cartway widths, measured from curb face to curb face,
shall be not less than the following:
|
Classification of
Street
|
Right-of-Way
(feet)
|
Cartway
(feet)
|
|---|---|---|
|
Arterial and
inter-community
|
86*
|
44*
|
|
Township feeder
|
70
|
36
|
|
Neighborhood
collector
|
66
|
36
|
|
Industrial or
commercial collector
|
66
|
40
|
|
Residential service
|
60
|
36
|
|
Permanent
residential service
cul-de-sac, which is
not to be extended,
serving not more
than 10 dwelling,
units, and which
is not more than
500 feet in length
|
60
|
28**
|
|
Other streets, roads
and alleys
|
As determined by the Planning Board
| |
|
* Or as determined by the unit of government
having jurisdiction.
** If the cul-de-sac is later extended or made
a through street or if the number of lots which it serves exceeds
10, the cartway shall be widened to the minimum requirement for a
residential service street.
|
(b)
All such rights-of-way and other rights-of-way
required under this chapter shall be dedicated to the public, but,
in the case of widening of existing streets in lieu of dedication,
the Planning Board may accept an easement or easements for any or
all municipal and governmental purposes. However, in every such case
the area within the easement shall be excluded from all calculations
for purposes of satisfying lot area, area of occupancy and yard area
requirements under the Moorestown Township Zoning Ordinance.[2]
(5)
No reserve strips shall be approved.
(6)
Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan or Official
Map or the street width requirements of this chapter shall dedicate
additional width along either or both sides of said road. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
(7)
Grades of arterial and collector streets shall not
exceed 4%. Grades on other streets shall not exceed 10%. No street
shall have a minimum grade of less than 1/2 of 1%.
(8)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block
corners at intersections shall be rounded at the curbline with a curve
having a radius of not less than 20 feet.
(9)
Street jogs with center-line offsets of less than
125 feet shall be prohibited.
(10)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets and a tangent
of at least 50 feet long on minor streets.
(11)
When connecting street lines deflect from each
other at any one point by more than 10° and not more than 45°,
they shall be connected by a curve with a radius of not less than
100 feet for minor streets and 300 feet for arterial and collector
streets, radii to be measured from the centers of streets.
(12)
All changes in grade shall be connected by vertical
curves of sufficient radii to provide a smooth transition and proper
sight distance.
(13)
Except for the modifications indicated below,
dead-end streets (culs-de-sac) shall not be longer than 500 feet to
the center of the turnaround, and said turnaround shall have a right-of-way
radius of not less than 57 feet and a cartway radius of not less than
45 feet, measured from the center to the inside curb and tangent,
wherever possible, to the right side of the street, except that:
(a)
Where an island, median or other obstruction
designed within the turnaround occupies an area which has a radius
of more than five feet, the cartway radius and the right-of-way radius
shall be increased by the same number of feet as the radius of said
island, median or obstruction exceeds five feet.
(b)
The cartway radius of a cul-de-sac in a subdivision
designed for residential development may be reduced to 40 feet and
the right-of-way radius to 52 feet where no island, median or other
obstruction is designed within the turnaround and where the turnaround
is tangent to the right side of the street.
(c)
Where a dead-end street does not exceed 200
feet in length or is of a temporary nature, the Planning Board may
approve the design of a turnaround which is not tangent to the right
side of the street. Where the dead-end street is of a temporary nature,
said design shall facilitate future extension of the street and reversion
of the excess right-of-way to the adjoining properties.
(14)
No street shall have a name which will duplicate
or so nearly duplicate another as to be confused with the names of
existing streets. The continuation of an existing street shall have
the same name.
C.
Blocks.
(1)
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of the lot required
in the area by the Zoning Ordinance and to provide for convenient
access circulation control and safety of street traffic.
(2)
In blocks over 1,000 feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Planning Board.
Such walkway shall be at least 10 feet wide and be straight from street
to street and contain a four-foot-wide sidewalk, but no planting of
shrubs or trees or building of fences or other obstructions shall
be permitted on such ten-foot walkway.
(3)
For commercial, group housing or industrial use, the
block size shall be sufficient to meet all area and yard requirements
for such use.
D.
Lots.
(1)
Lot dimensions and area shall not be less than the
requirements of the Zoning Ordinance. Lot depth shall not exceed lot
width by more than 2 1/2 times, except that in unusual circumstances,
the Planning Board may approve lots of a greater depth where such
lots will not interfere with the logical development of adjoining
areas.
(2)
Insofar as is practical, side lot lines shall be at
right angles to straight streets, and radial to curved streets.
(3)
In all residential subdivisions, each lot must front
upon an approved street of at least 50 feet in width, except lots
fronting on internal roads and alleys in multifamily, commercial and
industrial developments.
(4)
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
(5)
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as rock formation,
flood conditions or similar circumstances, the Planning Board may,
after adequate investigation, withhold approval of such lots. Land
subject to flooding and land deemed by the Planning Board to be uninhabitable
shall not be platted for residential occupancy nor for such other
uses as may increase danger to health, life or property or aggravate
the flood hazard. Such land within the plan may be set aside for such
uses as will not be endangered by periodic or occasional inundation
and will not produce unsatisfactory living conditions. All subdivisions
shall be subject to an ordinance of the Township of Moorestown in
the County of Burlington entitled: "An Ordinance of the Township of
Moorestown in the County of Burlington Delineating and Regulating
Encroachments in Floodways and Flood Hazard Areas in the Said Township"
known as "Township Ordinance No. 688."[3]
(6)
The following shall be provided for reverse frontage
lots:
[Added 11-14-2005 by Ord. No. 32-2005]
(a)
A landscape buffer with a four-foot high berm shall be provided at the rear of the lot, in accordance with the design standards in § 158-26.
(b)
In addition to sidewalk along the street on
which the lot gains access, a sidewalk or bikeway shall be installed
along all abutting streets where required by the municipal agency
for safety purposes or to meet the goals and objectives of the circulation
element of the Master Plan.
(c)
The rear of a reverse frontage lot shall be
that portion of the lot which abuts the street not providing access
to the lot.
E.
Public use and service areas.
(1)
In large-scale development, easements along rear property
lines or elsewhere for utility installation may be required. Such
easements shall be at least 20 feet wide and located in consultation
with the companies or municipal departments concerned, but no planting
of shrubs or trees or building of fences or other obstructions shall
be permitted on such twenty-foot easement. Where the depth of a subsurface
utility is in excess of 10 feet, the width of the easement shall be
20 feet, plus one foot for each 1/2 foot by which the depth of the
utility exceeds 10 feet. The depth shall be measured to the inside
bottom of the utility.
(2)
Where a subdivision is traversed by a watercourse
or drainageway channel, there shall be provided a stormwater easement
or drainage right-of-way conforming substantially with the lines of
such watercourse and of such further width or construction, or both,
as will be adequate for the purpose.
(3)
Natural features such as trees, brooks, hilltops and
views shall be preserved whenever possible in designing any subdivision
containing such features. Due consideration shall be given to the
preservation of such natural features which enhance the beauty of
the terrain, as well as to the laying out of adequate parks and playgrounds
in residential areas for dedication to the Township or reservation
for common use of the public by deed, covenants or agreement which
subject such areas to the control of the Township under conditions
approved by the Planning Board. Areas for parks and playgrounds shall
be of reasonable size for neighborhood recreational use and shall
be conveniently located.[4]
[4]
Editor's Note: Former Subsection E(4), concerning
dedication of space for playgrounds, which immediately followed this
subsection, was repealed 7-11-1994 by Ord. No. 1711-94.
F.
Recreation facilities.
[Added 7-11-1994 by Ord. No. 1711-94]
(1)
Purpose. It is the general purpose and intent of the
recreation requirements for residential development that all new residential
developments provide recreational facilities as part of the overall
recreation program of the Township; that passive and active recreation
are of equal importance and both serve legitimate municipal health,
safety and welfare purposes; that, to the extent feasible, central
recreation facilities owned and maintained by the Township are generally
accessible to the majority of Township residents and active recreation
be centrally located in close proximity to existing Township-owned
recreation lands; and that active recreation, designed or located
such that the potential users of said facilities are limited to a
certain development or portion thereof, be owned and maintained by
private homeowners' associations.
(2)
For all residential development, the applicant shall
propose adequate recreational facilities to serve the population of
the development. The developer's recreation plans shall be submitted
to the Planning Board for its review and approval after considering
the recommendations of the Recreation Advisory Committee based on
current Township and neighborhood needs. For the purposes of this
section, a single-family detached house shall be deemed to contain
three persons, and any attached unit shall be deemed to contain 2.5
persons. The applicant shall propose recreational facilities and the
Planning Board shall evaluate plans in terms of the following considerations:
(a)
Passive recreation. A minimum standard based
upon one acre per 100 people is recommended. Large tracts are preferable
to scattered sites.
(b)
Active recreation. Separate play areas for the
age groups one through five, six through 10 and 11 through 15 should
be included. Equipment for these areas should be based on the recreation
needs of each age group. Infants through five years old should have
a sand area, small swings, static play animals, a small sliding board,
etc. A sitting area for the parents should be provided in close proximity
to the play areas. Tricycle space and pavement should be a part of
this area. Children six through 10 are interested in movement, slides,
seesaws, balance beams, rope-climbing areas, chin-up bars, etc. Children
11 through 15 are interested in two kinds of spaces: a general use
field where a frisbee or football can be thrown and a space of identity
for the age group. Bicycle paths and hills, jumps, etc., are recommended
in this area. Landscaping should provide shade and separation for
each area. The following standards shall be observed for recreation:
[1]
Tot lots. A minimum standard for one acre per
1,000 people is recommended. Individual sites should be within walking
distance of the people served.
[2]
Tennis courts: one court per 1,000 persons.
[3]
Baseball diamonds: one diamond for every 3,000
persons.
[4]
Softball diamonds: one softball diamond for
every 1,500 people.
[5]
Basketball courts and court games: one hard-surface
play area with basketball nets for every 2,000 persons.
[6]
Bikeways: one mile of six-foot-wide bituminous
trail for each 300 persons. These should link homes with local recreation
and service opportunities.
[7]
Jogging and fitness trails: one mile per 1,000
persons. These should be integrated into district parks.
[8]
Open space trails: one mile per 3,000 persons.
[9]
Soccer fields: one field per 3,000 persons.
[10]
Football fields: one field per
3,000 persons.
[11]
General use field: one field per
6,000 persons.
(3)
In order to provide for the safety and general welfare
of the public, all residential development shall set aside areas for
off-street recreation and/or play areas. The recreation areas required
in this section shall not include easements, stormwater controls,
detention facilities or right-of-way areas. The location, form and
design of such areas shall be approved by the Board after reviewing
the recommendations of the Recreation Advisory Committee.
(4)
Any area which is specifically required and designated
for active recreational purposes shall be fully usable for that purpose
and shall have all improvements required by this section. All recreation
areas and facilities shall be designed in accordance with the Americans
with Disabilities Act.
(5)
In lieu of construction of the active recreation required by Subsection F(2)(b) above, the developer may elect, with approval by the Planning Board, to make a contribution to the Recreation Trust Fund maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of active recreation lands and improvements for the use of Township residents. Said contribution shall be paid prior to recording the final plat and shall equal $400 per unit for units approved by the Planning Board prior to March 1, 1996. For units approved after March 1, 1996, the fee shall be $600 per unit. For units approved after January 1, 1997, the fee shall be $800 per unit. For units approved after January 1, 1998, the fee shall be $1,000 per unit.
[Amended 2-26-1996 by Ord. No. 1778-96]
(6)
All residential developments with 10 or fewer approved dwelling units shall pay the cash contribution in accordance with Subsection F(5) above, in lieu of construction of recreation facilities.
(7)
All low- and moderate-income residential developments,
approved as part of the Township's housing plan and complying with
all Council on Affordable Housing requirements, are exempt from the
requirements of this section.
G.
Resource conservation and conservation area delineation
standards (planning and design standards to minimize adverse impacts).
The standards for resource conservation, as set forth in this section,
shall apply to all major subdivision and major site plans in the municipality.
The standards for conservation area delineation shall apply to all
major and minor subdivisions and major site plans undergoing the four-step
conservation design process in the R-1, R-2 and R-1-A Districts. All
subdivisions and land developments shall avoid or minimize adverse
impacts on the municipality's natural, cultural and historic resources,
as defined below.
[Added 9-22-2008 by Ord. No. 22-2008]
(1)
Groundwater resources. The proposed subdivision and
land development of any tract shall be designed to cause the least
practicable disturbance to natural infiltration and percolation of
precipitation to the groundwater table, through careful planning of
vegetation and land disturbance activities, and the placement of streets,
buildings and other impervious surfaces in locations other than those
identified on the existing resources and site analysis map as having
the greatest permeability where precipitation is most likely to infiltrate
and recharge the groundwater.
(2)
Stream valleys, swales, springs, vernal pools, and
other lowland areas. The existing conditions and site analysis map
describes and maps stream valleys (which include stream channels and
floodplains), swales, springs and other lowland areas as resources
that warrant restrictive land use controls because of flooding hazards
to human life and property, their groundwater recharge functions,
their importance to water quality and the health of aquatic communities,
and their wildlife habitats. They are generally poorly suited for
on-site subsurface sewage disposal systems. The following activities
shall be minimized:
(a)
Disturbance to streams, stream corridors and
drainage swales.
(b)
Disturbance to wetlands and transition areas
and vernal pools, areas with seasonally high water tables, and areas
of surface water concentration.
(c)
Because of their extreme limitations, stream
valleys, swales and other lowland areas warrant designation as conservation
area lands. They may also require adjoining buffer lands to be included
in the conservation area, to be determined by an analysis of the protection
requirements of such areas on a case-by-case basis. In certain instances,
seasonal high water table soils may be excluded from the conservation
area where it can be demonstrated that they are suitable for low-density
residential uses and conventional on-site sewage systems.
(3)
Woodlands.
(a)
Woodlands occur extensively throughout the municipality,
often in association with stream valleys and wet areas, poor and erodible
agricultural soils, and moderate to steep slopes.
(b)
Because of their resource values, all woodlands
on any tract proposed for subdivision or land development shall be
evaluated by the applicant to determine the extent to which such woodlands
should be designated partly or entirely as conservation area or development
lands. Evaluation criteria shall include configuration and size; present
conditions, i.e., stocking, health and species composition; site potential,
i.e., the site's capabilities to support woodlands, based upon its
topographic, soil and hydrologic characteristics; ecological functions,
i.e., in protecting steep slopes, erodible soils, maintaining stream
quality and providing for wildlife habitats; relationship to woodlands
on adjoining and nearby properties and the potential for maintaining
continuous woodland areas.
[1]
The evaluation of the tract's woodlands shall be undertaken by a forester, landscape architect, horticulturist or another qualified professional acceptable to the municipality. This evaluation shall be submitted as a report and made a part of the application for a preliminary plan. The report must include an existing canopy and significant tree inventory as well as a tree removal/replacement plan, in compliance with Chapter 160 of the Moorestown Township Code.
[2]
In designing a subdivision and land development
plan for any tract, the applicant shall be guided by the following
standards:
[a]
Healthy woodlands exceeding one
acre shall be preserved and designated as conservation areas, to the
maximum extent possible. Proposed site improvements shall be located,
designed and constructed to minimize the loss or degradation of woodland
areas.
[b]
Subdivisions shall be designed
to preserve woodlands along roadways, property lines and lines occurring
within a site such as streams, swales, stone fences and hedgerows.
Such lines and the native vegetation associated with them shall be
preserved as buffers between adjacent properties and between areas
being subdivided within a property. Preservation shall include ground,
shrub, understory and canopy vegetation.
[c]
Disturbance or removal of woodlands
occupying environmentally sensitive areas shall be undertaken only
when approved by the Board and on a limited, selective basis to minimize
the adverse impacts of such actions. This shall include but not necessarily
be limited to vegetation performing important soil-stabilizing functions
on wet soils, stream banks and sloping lands.
[d]
No clearing or earth disturbance
(except for soil analysis for proposed sewage disposal systems) shall
be permitted on a site before the completion of subdivision and land
development agreements. The determination of sight distance clearances
along roadways shall be made graphically and not by clearing on site
prior to final plan approval.
(4)
Upland rural-agricultural areas. These areas comprise
fields, pastures, meadows, and former agricultural areas in early
stages of woodlands succession, with fences, stone walls, tree copses
and hedgerows, typically bordered by stream valleys and upland woodlands.
These comprise the municipality's historic working landscape, dotted
with historic houses, barns and other structures. They give the municipality
much of its rural character. They also contain the greatest concentration
of prime agricultural soils. Because of their openness and high visibility,
development in these areas is likely to be most readily seen and disruptive
to the historic landscape. They sometimes provide habitat for wildlife,
in conjunction with nearby woodlands and stream valleys. However,
it is recognized that these areas also frequently offer the fewest
constraints for development.
(a)
Several elements of these working landscapes
lend themselves to incorporation into the municipality's open space
network. These include prime agricultural soils and natural features
which visually punctuate the landscape, such as hedgerows, tree copses,
stone walls, and visually prominent places such as knolls and hilltops.
(b)
These areas can also accommodate development,
with preferred locations being the nonprime agricultural soils and
lower topographic settings where development will be visually less
obtrusive. Compact clustered residential designs, with coordinated
architectural and landscape architectural themes, are encouraged in
highly visible locations where future development cannot be avoided
(such as at the far edge of open fields).
(5)
Slopes. Moderately sloping lands (10% to 20%) and
steeply sloping lands (over 20%) are prone to severe erosion if disturbed.
Erosion and the resulting overland flow of soil sediments into streams,
ponds and public roads are detrimental to water quality and aquatic
life, and a potential hazard to public safety.
(a)
Areas of steep slope shall be preserved.
(b)
All grading and earthmoving on slopes exceeding
10% shall be minimized.
(c)
No site disturbance shall be allowed on slopes
exceeding 20% except grading for a portion of a driveway accessing
a single-family dwelling when it can be demonstrated that no other
routing which avoids slopes exceeding 20% is feasible.
(d)
On slopes of 10% to 20%, the only permitted
grading beyond the terms described above shall be in conjunction with
the siting of a single-family dwelling, its access driveway and the
septic system (which should typically be designed with a long, narrow
drainage field following the land contours).
(e)
Grading or earthmoving on all sloping lands
of 10% or greater shall not result in earth cuts or fills whose highest
vertical dimension exceeds six feet, except where in the judgment
of the Board no reasonable alternatives exist for construction of
roads, drainage structures and other public improvements, in which
case such vertical dimensions shall not exceed 12 feet. Roads and
driveways shall follow the line of existing topography to minimize
the required cut and fill. Finished slopes of all cuts and fills shall
be as required to minimize disturbance of natural grades.
(6)
Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance, exist throughout the municipality. Some of these have been carefully documented, e.g., by the New Jersey Landscape Project and the Natural Heritage Database, whereas for others, only their general locations are known. Subdivision applicants shall take all reasonable measures to protect significant natural areas and features identified in the existing resources and site analysis map (as required in § 158-7.2, Existing resources and site analysis map requirements) by incorporating them into proposed conservation areas or avoiding their disturbance in areas proposed for development.
(7)
Historic structures and sites. The municipality's
documented historical resources begin with the Native Americans and
extend through its colonial agricultural, residential and industrial
development in the late 18th and 19th centuries. Many of the municipality's
historic structures and sites have been extensively researched and
remain intact. The municipality's extensive historic records are maintained
by the Historical Society of Moorestown and the municipal library.
(a)
Plans requiring subdivision and land development
approval shall be designed to protect existing historic resources
of all classes. The protection of an existing historic resource shall
include the conservation of the landscape immediately associated with
and significant to that resource, to preserve its historic context.
Where, in the opinion of the Board, a plan will have an impact upon
an historic resource, the developer shall mitigate that impact to
the satisfaction of the Board by modifying the design, relocating
proposed lot lines, providing landscape buffers, or other approved
means.
(b)
The applicant should provide evidence of interaction
and consultation with the Moorestown Historical Preservation Commission
and State Historic Preservation Office with regard to the preservation
of historic resources, when appropriate.
(8)
Historic roads, heritage corridors, scenic roads, and scenic viewsheds. All applications for subdivision and land development shall attempt to preserve the scenic and visual views along scenic and historic roads, as defined in § 158-1, Definitions, by incorporating them into conservation area lands or otherwise providing for building setbacks and architectural designs to minimize their intrusion. In instances where such designs fail to satisfactorily protect corridors, applicants will be required to provide naturalistic landscape buffers to minimize their adverse visual impacts.
(9)
Trails.
(a)
When a subdivision or site plan proposal is
traversed by or abuts an existing trail customarily used by pedestrians,
equestrians, and/or other nonmotorized users, the municipal agency
may require the applicant to make provisions for continued recreational
use of the trail.
(b)
The applicant may alter the course of the trail
within the tract for which development is proposed under the following
conditions:
[1]
The points at which the trail enters and exits
the tract remain unchanged.
[2]
The proposed alteration exhibits quality trail
design according to generally accepted principles of landscape architecture.
[3]
The proposed alteration does not coincide with
a paved road intended for use by motorized vehicles.
(c)
When trails are intended for public or private
use, they shall be protected by a permanent conservation easement
on the properties on which they are located. The width of the protected
area in which the trail is located should be a minimum of 10 feet.
The language of the conservation easement shall be to the satisfaction
of the governing body upon recommendation of the Municipal Solicitor.
(d)
The land area permanently designated for trails
for public use may be credited toward the conservation area land requirement
described in § 158-8.1A(1), Four-step design process, of
the Subdivision Ordinance and § 180-10.2, Conservation design
subdivisions in R-1 Residence Districts, § 180-12.1, Conservation
design subdivisions in R-1-A Residence Districts, and § 180-22.1,
Conservation design subdivisions in R-2 Residence Districts, in the
Zoning Ordinance.
(e)
An applicant may propose and develop a new trail.
If said trail is available for use by the general public and connects
with an existing trail, the land area protected for said trail may
be credited toward the conservation area land requirement described
in § 158-8.1A(1), Four-step design process, of the Subdivision
Ordinance.
(f)
Trail improvements shall demonstrate adherence
to principles of quality trail design.
(g)
Trails shall have a vertical clearance of no
less than 10 feet.
(h)
Width of the trail surface may vary depending
upon type of use to be accommodated, but in no case shall be less
than three feet or greater than eight feet.
(i)
No trail shall be designed with the intent to
accommodate motorized vehicles.
H.
Other design considerations. The configuration of
proposed conservation area lands set aside for common use in residential
subdivisions shall comply with the following standards:
[Added 9-22-2008 by Ord. No. 22-2008]
(1)
They shall be free of all structures except historic
buildings, stone walls, and structures related to conservation areas,
open space, and recreation uses. The Planning Board may grant approval
of structures and improvements required for storm drainage, sewage
treatment and water supply within the conservation area, provided
that such facilities would not be detrimental to the conservation
area (and that the acreage of lands required for such uses is not
credited towards minimum conservation area acreage requirements for
the tract, unless the land they occupy is appropriate for passive
recreational use).
(2)
They shall generally not include parcels smaller than
three acres, have a length-to-width ratio of less than 4:1, or be
less than 75 feet in width, except for such lands specifically designed
as neighborhood greens, playing fields or trail links.
(3)
They shall be directly accessible to the largest practicable
number of lots within the subdivision. Nonadjoining lots shall be
provided with safe and convenient pedestrian access to conservation
area land.
(4)
They shall be suitable for active recreational uses
to the extent deemed necessary by the Planning Board, without interfering
with adjacent dwelling units, parking, driveways, and roads. Setback
and siting requirements for recreation uses are referenced in § 180-10.2G,
Conservation design subdivisions in R-1 Residence Districts –
design standards for Option 1 and Option 2 subdivisions, § 180-12.1G,
Conservation design subdivisions in R-1-A Residence Districts –
design standards for Option 1 and Option 2 subdivisions, and § 180-22.1G,
Conservation design subdivisions in R-2 Residence Districts –
design standards for Option 1 and Option 2 subdivisions, of the Zoning
Ordinance.
(5)
They shall be interconnected wherever possible to
provide a continuous network of conservation area lands within and
adjoining the subdivision.
(6)
They shall provide buffers to adjoining parks, preserves
or other protected lands.
(7)
Except in those cases where part of the conservation
area is located within private house lots, they shall provide for
pedestrian pathways for use by the residents of the subdivision. Consideration
shall be given to providing for public access on such trails if they
are linked to other publicly accessible pathway systems within the
municipality. Provisions should be made for access to the conservation
area lands, as required for land management and emergency purposes.
(8)
They shall be undivided by public or private streets,
except where necessary for proper traffic circulation.
(9)
They shall be suitably landscaped either by retaining
existing natural cover and wooded areas and/or according to an approved
landscaping plan to protect conservation area resources.
(10)
They shall be made subject to such agreement
with the municipality and such conservation easements duly recorded
in the office of the Burlington County Recorder of Deeds as may be
required by the municipal agency for the purpose of preserving the
common open space for such uses.
(11)
They shall be consistent with the municipality's
Master Plan and its open space plan.
I.
Ownership and maintenance. Applicants shall demonstrate
compliance with conservation area ownership and maintenance standards
in § 180-122 of the Zoning Ordinance.
[Added 9-22-2008 by Ord. No. 22-2008]
