City of Estell Manor, NJ Article IV Procedures

§ 340-8 General; Pinelands Area.

[Amended by Ord. No. 80-6; Ord. No. 82-6; Ord. No. 89-4]

A. Where any subdivision of land is made into not more than four lots, sites or other divisions of land, the property owner or subdivider shall submit his application for approval to the Planning Board in accordance with the provisions of § 340-9 of this chapter.

B. Where the subdivision of land is made into more than four lots, sites or other divisions of land, the owner or subdivider shall be required to comply with the provisions of §§ 340-10 through 340-14.

C. All subdivisions shall conform to the applicable provisions of the Zoning Ordinance of the City as set forth in Chapter 380, Zoning, of the Code of the City of Estell Manor, as amended.

D. Every application for subdivision approval shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject matter of such application; or, if it is shown that taxes or assessments are delinquent on such property, any approvals or other relief granted shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such a manner that the City will be adequately protected.

E. The Planning Board shall, within the time provided by statute, determine whether or not the application constitutes a complete application, as set forth by the New Jersey statutes in this chapter. If the Planning Board deems that the application is incomplete, the same shall be returned, together with any filing fees, to the applicant, with a statement as to the reasons why the application is deemed incomplete. If the application is deemed to be complete, it shall be acted upon within the time provided by statute.

F. Subdivisions in Pinelands Area. All proposed subdivisions in the Pinelands Area shall comply with the procedures set forth in § 340-17 below, in addition to the other procedures and standards set forth in this chapter.

§ 340-9 Minor subdivision.

[Amended by Ord. No. 78-13; Ord. No. 81-1; Ord. No. 82-6; Ord. No. 86-10; Ord. No. 89-4]

A. The subdivider of a parcel of land when the resulting division shall not exceed four lots, sites or other divisions of land, as set forth in the definition of "minor subdivision" in § 340-5, shall submit to the administrative officer 12 copies of a completed application form and 12 copies of a survey issued by a licensed surveyor of the state setting forth the proposed subdivision at least 20 days in advance of a meeting at which the application shall be heard. One copy of all materials so submitted shall be forwarded to the Zoning Officer and two copies to the City Engineer by the administrative officer. The administrative officer shall immediately notify the Secretary of the Planning Board upon receipt of the application form.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

[1] Editor's Note: Former Subsection 9-5.2b1 of the 1974 Revised General Ordinances, regarding filing fees, which previously followed this subsection, was repealed 10-1-1986 by Ord. No. 86-10; and former Subsection 9-5.2b2 of the 1974 Revised General Ordinances, dealing with the Pinelands Area, which previously followed this subsection, was repealed 4-5-1989 by Ord. No. 89-4.

B. Wherever review or approval of the application is required by the County Planning Board by the terms of any statute, ordinance or regulation, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on said application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

C. The Planning Board may waive notice and public hearing in connection with the application for a minor subdivision.

D. Minor subdivision approval shall be granted or denied by the Planning Board within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.

E. The decision of the Planning Board, either accepting or rejecting the proposed subdivision, shall be binding upon the person making an application. In the event that the division plan is approved and accepted by the Planning Board, a certificate of the acceptance executed by its proper officers shall be endorsed on each of the surveys submitted.

§ 340-10 Major subdivision.

[Amended by Ord. No. 78-13; Ord. No. 81-1; Ord. No. 82-6; Ord. No. 83-4; Ord. No. 83-10; Ord. No. 84-10; Ord. No. 86-10; Ord. No. 89-4]

A. Submission of preliminary plat of subdivision for tentative approval.

(1) Administrative officer. At least 18 black-on-white prints of the preliminary plat, together with 18 completed application forms for preliminary approval, shall be submitted to the administrative officer at least 20 days prior to but no more than 28 days prior to the Planning Board meeting at which consideration is desired. The administrative officer shall submit one copy of the same to the Zoning Officer and two copies to the City Engineer. The administrative officer shall immediately notify the Secretary of the Planning Board upon receipt of the preliminary plat.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

[1] Editor's Note: Former Subsection 9-5.3a1(b) of the 1974 Revised General Ordinances, dealing with the Pinelands Area, which previously followed this subsection, was repealed 4-5-1989 by Ord. No. 89-4.

(2) Notice requirements.

(a) The application for approval of the final plat shall be submitted to the administrative officer at least 20 days and no more than 28 days prior to the meeting of the Planning Board at which the final approval is sought. Such application to the administrative officer shall include 12 black-on-white prints and 12 copies of the application form for final approval. Two copies of each of the materials shall be submitted by the administrative officer to the City Engineer. The administrative officer shall immediately notify the Secretary of the Planning Board upon receipt of the final plat.[2]

[2] Editor's Note: Former Subsection 9-5.3a2(b) of the 1974 Revised General Ordinances, dealing with the Pinelands Area, which previously followed this subsection, was repealed 4-5-1989 by Ord. No. 89-4.

(b) The Pinelands Commission may participate in a hearing held in the City involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.26, as heretofore or hereafter amended.

(3) Notice requirements; historic landmarks. Where a major subdivision contains thereon any site designated as an historic landmark or abuts any lot containing an historic landmark or is within 200 feet of the same, the applicant shall, in addition to following the other procedures set forth in this section, comply with all requirements set forth in § 380-20, Historic preservation, as heretofore or hereafter amended, including the payment of the fees set forth in said section, except that the time within which the Historic Preservation Commission shall act shall be limited to 30 days after the submission of the same to the City Clerk, or within such further time as may be consented to by the applicant.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(4) In addition, copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons:

(a) Director of County Planning Board.[3]

[3] Editor's Note: Former Subsection 9-5.3a3(b) of the 1974 Revised General Ordinances, City Engineer, which previously followed this subsection, was repealed 10-1-1986 by Ord. No. 86-10.

(b) Such other municipal, county or state officials as directed by the Planning Board.

(5) Upon the submission to the administrative officer of a completed application for a subdivision of between five and 10 lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a completed application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(6) If the Planning Board acts favorably on a preliminary plat, a notation to that effect shall be made on the plat.

B. Submission of final plat for final approval.

(1) Upon the effective date of Planning Board approval of the preliminary plat pursuant to Subsection A of this section, the subdivider shall present the final plat for action by the Planning Board in accordance with these regulations and in compliance with all the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq. Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under § 340-13, or the Planning Board shall require the posting of adequate performance guaranty to ensure the installation of the required improvements.

(2) Approval. The application for approval of the final plat shall be submitted to the Secretary of the Planning Board and a copy thereof shall be submitted to the City Clerk at least 14 days and no more than 28 days prior to the meeting of the Planning Board at which the final approval is sought. Such application shall include the original tracing, one translucent tracing cloth copy, two cloth prints, six black-on-white prints and three copies of the application form for final approval. The Planning Board may, at its discretion, permit the submission of tracings and prints on other materials, provided that such materials result in a plat of at least equal quality as would be provided by the materials set forth above. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board and the Commission. The final plat shall be accompanied by a statement by the City Engineer that he is in receipt of a map showing all utilities and the exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or more of the following:

(a) All improvements have been installed in accordance with requirements of these regulations.

(b) The performance guaranty has been posted with the City Treasurer in sufficient amount to insure the completion of all required improvements.

(c) A fee has been paid, the amount to be determined by the cost of the City and engineering fees and other expenses incurred in the process of acting on the application for approval of the subdivision plat; additional fees that may be required at any time before action is taken should the actual engineering expenses be in excess of that originally estimated. Any unpaid fees shall constitute a lien against the property in question, upon certification to the Tax Collector by the Planning Board of said unpaid fees.[4]

[4] Editor's Note: Former Sec. 9-5.3b2(b) of the 1974 Revised General Ordinances, dealing with the Pinelands Area, which previously followed this subsection, was repealed 4-5-1989 by Ord. No. 89-4.

(3) The Planning Board shall take final action on the final plat within 45 days after the submission of the same to the City Clerk or within such further time as may be consented to by the applicant. The action shall be noted on the plat, and, if favorable, the Chairman and the Secretary of the Planning Board shall affix their signatures thereto.

(4) Upon final approval, copies of the final plat shall be filed with the following: the City Clerk, City Engineer, Tax Assessor, Building Inspector or Zoning Officer, County Planning Board and other officials as directed by the Planning Board.

(5) No plat shall be filed with the county recording officer unless approved by the resolution of the Planning Board pursuant to Section 28 of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-37.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(6) Where subdivision approval is dictated, no permit for development shall be issued unless such plat is approved by resolution of the Planning Board pursuant to Section 28 of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-37.[5]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

[5] Editor's Note: Former Subsection 9-5.3c of the 1974 Revised General Ordinances, dealing with the Pinelands Area, which previously followed this subsection, was repealed 4-5-1989 by Ord. No. 89-4.

§ 340-11 Plat details.

[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 84-10; Ord. No. 89-4]

A. Preliminary plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 50 feet. Preliminary plats shall be designed and drawn by a licensed New Jersey land surveyor or engineer. The plat shall be designed in compliance with the provisions of § 340-12 of this chapter and, in addition, shall show all improvements required by § 340-13 and shall show or be accompanied by the following information:

(1) A key map showing the entire subdivision and its relation to surrounding areas.

(2) The tract name, block and lot number, reference meridian, graphic scale and the following names and addresses:

(a) Name and address of the record owner or owners and of all adjoining property owners.

(b) Name and address of the subdivider.

(c) Name and address of the person who prepared map.

(3) Acreage of tract to be subdivided to nearest tenth of an acre.

(4) Sufficient elevations or contour to determine the general slope and natural drainage of the land and the high and low points and tentative cross sections and center-line profiles for all proposed new streets.

(5) A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.

(6) Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity) showing feasible connections to existing or any proposed utility system.

(a) When an individual water supply or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have soil borings and percolation tests made and submit the results with the preliminary plat. The soil borings and percolation tests shall be done in accordance with the provisions of N.J.S.A. 58:11-23 et seq., as heretofore or hereafter amended, and the regulations adopted pursuant thereto, and shall be submitted at suitable locations with a tract map showing location, logs, and elevations of all test holes, indicating where groundwater was encountered, as estimating the seasonal high-water table and demonstrating that such facility is adequate to meet all water quality standards contained in any federal, state or local law, including all of the provisions of the Code of the City of Estell Manor.

(b) Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.

(7) A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.

(8) A soils map, including a county soils survey, which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development.

(9) If the proposed subdivision is in the Pinelands Area, any additional information required by § 340-17 of this chapter.

(10) If the subdivision encompasses within its boundaries one or more historic landmarks or abuts or is within 200 feet of premises containing an historic landmark, each said historic landmark should be designated and shown on the plat.

B. Final plat. The final plat shall be drawn in ink on tracing cloth or other material approved by the Planning Board giving a plat of at least equal quality thereto, at a scale of not less than one inch equals 50 feet, and in compliance with all the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq. The final plat shall show or be accompanied by the following:

(1) Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

(2) Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, acres and central angles of all curves.

(3) 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.

(4) Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with No. 1.

(5) Minimum building setback line on all lots and other sites.

(6) Location and description of all monuments.

(7) Names of owners of adjoining unsubdivided land.

(8) Certification by an engineer or surveyor as to accuracy of details of plat.

(9) Certification that the applicant is the agent or owner of the land or that the owner has given consent under an option agreement.

(10) When approval of a plat is required by any officer or body of such a City, county or state, approval shall be certified on the plat.

(11) Cross sections and profiles of streets, approved by the City Engineer, shall be required to accompany the final plat.

(12) Contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope.

(13) Plans and profiles of storm and sanitary sewers and water mains.

(14) Certificate from Tax Collector that all taxes are paid to date.

(15) If the proposed subdivision is in the Pinelands Area, any information required by § 340-17 of this chapter.

§ 340-12 Design standards.

[Amended by Ord. No. 82-26; Ord. No. 83-4]

The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof. In the Pinelands Area, no development shall be approved unless the applicant has demonstrated compliance with the standards set forth in Chapter 380, Zoning, Article VI, General Regulations, and Article VII, Special Regulations.

A. General. The subdivision plat shall conform to design standards that will encourage good development patterns within the City. The subdivision shall conform to the proposals and conditions of the Master Plan and Zoning Chapter. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on the Master Plan shall be considered in approval of subdivision plats. In addition, streets and drainage rights-of-way shall be shown in the final plat in accordance with the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq., and shall be such as to lend themselves to the harmonious development of the City and enhance the public welfare in accordance with the following design standards.

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 extending of existing streets.

(2) Minor streets shall be so designed as to discourage through traffic.

(3) Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the Planning Board may determine appropriate.

(4) The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:

(a) Arterial streets: 50 feet, unless such street constitutes an extension of an existing street of a greater width or has already been shown on the Master Plan at the greater width, in which case the greater width shall be conformed to.

(b) Collector streets: 50 feet.

(c) The right-of-way width for minor and marginal access streets, and for internal roads and alleys in multifamily, commercial and industrial development shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.

(5) No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the City Council under conditions approved by the Planning Board.

(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 one or both sides of the road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

(7) No street shall have a minimum grade of less than 1/3 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 15 feet.

(9) Street jogs with center-line offsets of less than 125 feet shall be prohibited.

(10) When connecting street lines deflect from each other at any 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.

(11) All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

(12) Dead-end streets shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

(13) No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of existing streets. The continuation of an existing street shall have the same name.

§ 340-13 Improvements.

[Amended by Ord. No. 78-6; Ord. No. 79-13; Ord. No. 82-6; Ord. No. 89-4]

A. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following:

(1) Streets and street signs.

(a) The minimum requirement for the gravel base course of any street shall be the soil aggregate, Type II, Class B, conforming to the requirements specified in the current New Jersey State Highway Department Standard Specifications for Road and Bridge Construction and shall be not less than six inches in depth after ultimate compaction.

(b) Upon the previously described gravel base course shall be applied two inches of bituminous stabilized base course and two inches of bituminous concrete surface course, FABC-1, Mix No. 5, in accordance with the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction.

(c) Street signs shall be of a type and design approved by the Planning Board and shall be installed at all street intersections.

(2) Topsoil protections. No topsoil shall be removed from the site or used as spoil. Topsoil removed during the course of construction shall be redistributed so as to provide at least four inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting, in accordance with the provisions of all applicable ordinances of the City of Estell Manor. Soil shall be protected and conserved from erosion of wind or water and from excavation and grading.

(3) Monuments. Monuments shall be the size and shape required by N.J.S.A. 46:26B-2 and 46:26B-3 and shall be placed in accordance with the statute.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(4) Water mains, culverts, storm sewers and sanitary sewers.

(a) All such installations shall be properly connected with an approved system, shall be adequate to handle all present and probable future development and shall be designed in accordance with all other applicable provisions of the ordinances of the City of Estell Manor.

(b) All of the above-listed improvements shall be subject to inspection and approval by the City Engineer, who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.

(5) Streetlighting. The location and design of the streetlighting facilities shall be approved by the Planning Board and shall be installed in accordance with the standards and specifications of the Atlantic Electric Company.

(6) Curbs, gutters and sidewalks.

(a) Curbs, gutters and sidewalks may be required and shall be determined on an individual basis by the Planning Board. All curbs, where required, shall be a minimum of 18 inches deep and six inches in width. All concrete gutters, where required, shall be a minimum of six inches deep and 24 inches in width. Concrete for curb and gutter construction shall have a compressive strength of 3,000 pounds per square inch after 28 days and shall be Class B concrete in accordance with the New Jersey State Highway Department specifications. Sidewalks, where required, shall be a minimum of four feet wide, but the Planning Board may require additional widths in high density areas. Sidewalks shall be a minimum of four inches in thickness, except at driveways where they shall be at least six inches thick. Concrete for sidewalk construction shall have a compressive strength of 2,500 pounds per square inch after 28 days and shall be Class C concrete in accordance with New Jersey State Highway specifications.

(b) All of the above-listed improvements shall be subject to inspection and approval by the City Engineer, who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.

B. Performance guaranty.

(1) No final plat shall be approved by the Planning Board until the completion of all such required improvements have been certified to the City Council by the City Engineer unless the subdivision owner shall have filed with the City a performance guaranty sufficient in amount to cover the cost of all improvements or uncompleted portions thereof as estimated by the City Engineer and assuring the installation of such uncompleted improvements on or before an agreed date. The performance guaranty may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the City Council, a certified check returnable to the subdivider after full compliance or any other type of surety approved by the City Attorney.

(2) The performance guaranty shall be approved by the City Attorney as to form, sufficiency and execution. The performance guaranties shall run for a period to be fixed by the Planning Board but, in no case, for a term of more than three years. However, with the consent of the owner and the surety, if there be one, the Planning Board may by resolution extend the term of the performance guaranty for an additional period not to exceed three years. The amount of the performance guaranty may be reduced by resolution of the Planning Board when portions of the required improvements have been installed. In addition, a maintenance guaranty may also be required in accordance with the provisions of Section 41 of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-53.

(3) If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the City for the reasonable cost of the improvements not installed or maintained and upon receipt of the proceeds thereon the City shall install or provide for maintenance of the improvements.

C. Blocks.

(1) Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 380, Zoning, 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. The walkway shall be 10 feet wide and be straight from street to street.

(3) For commercial, group housing or industrial use, 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 Chapter 380, Zoning.

(2) Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

(3) Each lot must front upon an approved street at least 50 feet in width, except for lots fronting on narrower streets existing at the time of passage of the original Subdivision Ordinance of the City.

(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 formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of the lots.

E. Public use and service areas.

(1) In large scale development, easements along rear property lines or elsewhere for utility installation may be required. The easement shall be at least 15 feet wide and located in consultation with the companies or City departments concerned.

(2) Where a subdivision is traversed by a watercourse, drainageway, channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of the watercourse and 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.

F. Environmental impact statement. All applications for major subdivisions hereunder containing 25 or more lots shall be accompanied by an environmental impact statement, which shall include therein the fiscal impact on City services and facilities and shall conform in every respect to the definition and requirements as set forth in the New Jersey Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq., and regulations adopted pursuant thereto, and specifically to include all requirements set forth in Subchapters 4.0, 9.0 and 10.0 of the Coastal Area Facility Review Act Rules and Regulations promulgated by the Commissioner of the Department of Environmental Protection under Docket No. DEP 005-76-03 and as may hereafter be otherwise amended pursuant to the authority aforesaid. Notwithstanding anything therein contained to the contrary, all procedures pertaining to the submission of an application for major subdivisions as set forth in this Code shall apply to the submission and processing of such environmental impact statement, unless otherwise required in the case of a subdivision within the jurisdiction of the aforesaid Coastal Area Facility Review Act.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

G. Off-site improvements. Payment of the pro rata share, as may be determined by the Planning Board, of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor, located outside the property limits of the subdivision or development, but necessitated or required by the construction or improvements within such subdivision or development, as set forth under Section 30 of Chapter 291 of the Laws of 1975, the Municipal Land Use Act, N.J.S.A. 40:55D-42.

H. Energy conservation. The developer shall set forth what provisions shall be utilized in promoting the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy resources, including maximizing the warming effects of the winter sun, reducing the impact of winter winds, minimizing heat loss within buildings and providing for cooling during summer months. A developer may, where practicable, include the utilization of windmills and solar heat and cooling. The Planning Board shall have the jurisdiction to require such energy conservation devices as may be suitable for the subdivision in question consistent with these objectives and in accordance with the following standards which are nonbinding guidelines.

(1) Efficiency of site design.

(a) Most efficient road, water and sewer and electric utility layout.

(b) Cluster development.

(c) Use of party walls.

(d) Centralized heating of development.

(e) Alternative energy source for development.

(2) Orientation of development.

(a) Where possible, land should be gently sloping and oriented toward the southeast to southwest.

(b) Where possible, buildings should face the southeast to southwest.

(c) Buildings should be positioned in the most favorable topographical position allowed by land forms.

(d) Buildings should be on a wooded site or site otherwise sheltered rather than an open site.

(3) Wind protection for development.

(a) Shelter belts should be used where possible.

(b) Development should be between 10 and 20 times the height of the shelter belt.

(c) Shelter belts should serve more than one purpose.

(4) Wind protection for individual buildings.

(a) Windscreens should be used for each building.

(b) Buildings should be oriented between 45° and 90° of the prevailing wind.

(c) Nonheated buildings should face windward.

(d) Wind barriers should be used to direct cold winter winds away from buildings and cool summer winds into buildings.

(e) Physical devices to manipulate the air should be considered in lieu of or as a supplement to mechanical air conditioning.

(5) Shading.

(a) Outside shading devices should be used to shade major window areas.

(b) Deciduous trees should be used for shading and placed in optimal locations for summer shade.

(c) Vines should be considered on sunny brick, stone, concrete or masonry walls.

(d) Grass or other plant material may be used against buildings instead of paving.

§ 340-14 Fees for development.

[Amended by Ord. No. 86-10; Ord. No. 89-4; Ord. No. 91-6]

A. All applications for development in the City of Estell Manor shall be accompanied by the fees set forth in the revised chart, which accompanies and is made part of this chapter.[1] Said revised chart supersedes the prior Chart of Fees and Deposits formerly in effect in said City.

[1] Editor's Note: See Ch. 185, Fees.

B. All fees are nonrefundable.

C. In addition to said fees, the applicant shall, where applicable, pay the deposit required for engineering, legal, other expenses and costs associated with revisions of the City Tax Map in accordance with said revised chart.

D. Said fees and/or deposit shall be payable to the City of Estell Manor. No application shall be submitted to the approving agency until all fees and deposits required have been paid in full.

E. In addition to the fees in question, each applicant shall be responsible for payment for the time reasonably expended by the City Engineer or the Planning Board Attorney, as well as the costs of any other expert reasonably obtained by the approving agency or the Historic Preservation Commission in connection with the application in question. Compensation to the Engineer or the Planning Board Attorney shall be at such reasonable hourly rates as may have been approved by the approving agency, and compensation of any other experts shall be approved at reasonable hourly rates.

[Amended 11-5-1997 by Ord. No. 97-6]

F. In addition, the applicant for a subdivision within the City of Estell Manor shall be responsible for the payment of all costs associated with the revisions of the City Tax Maps in regard to such subdivision.

G. All actions on the part of any approving agency shall be contingent upon the applicant's paying said reasonable expenses. If said expenses exceed the amount of deposit paid by the applicant, the applicant shall, upon being billed for the same by the approving agency, immediately pay the difference between the expenses incurred and the deposit paid. In the event that the expenses incurred are less than the deposit, the difference shall be refunded to the applicant. Said expenses shall be payable by the applicant, upon request, regardless of whether or not the application is approved.

H. Any unpaid fees shall constitute a lien against the property in question upon certification to the Tax Collector by the approving agency of said unpaid fees.

I. No building permit for the subject application shall be issued until the balance due of any said fees shall have been paid in full by the applicant.

J. As used in this section, the term "approving agency" shall be the Planning Board or the Historic Preservation Commission, as the case may be, being that agency to which the application is submitted.

[Amended 11-5-1997 by Ord. No. 97-6]

K. In the event that an application is made for more than one category of approval, as shown on the revised Chart of Fees and Deposits,[2] the total fees, plus the total amount of deposits for each of the types of approval sought, shall be paid.

[2] Editor's Note: See Ch. 185, Fees.

L. The City Engineer, the Planning Board Attorney, the Tax Assessor or such other expert as may be retained by the approving agency or Historic Preservation Commission may be paid by City Council upon submission of a voucher for services rendered in connection with the application in question to the City Clerk, in accordance with the normal voucher procedures, under the rates approved by the approving agency.

[Amended 11-5-1997 by Ord. No. 97-6]

§ 340-15 Exemption from fees.

[Amended by Ord. No. 86-10]

The following are exempt from the payment of any fees in connection with a land use application:

A. Charitable, philanthropic, fraternal and religious nonprofitable organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C.A. § 501(c) or (d)].

B. Agencies of the City of Estell Manor or the Board of Education of the City of Estell Manor.

§ 340-16 Agreement by applicant.

[Amended by Ord. No. 86-10]

Each applicant for development shall, in addition to all other requirements, signify, in writing, on forms provided by the City Clerk, an agreement to pay to the City of Estell Manor all reasonable costs required for professional review of the application in question. No application for land development shall be deemed complete in the absence of said written agreement.

§ 340-17 Supplemental procedures in Pinelands Area.

[Amended by Ord. No. 89-4; Ord. No. 89-11; Ord. No. 97-3]

A. Applicability of procedures.

(1) No person shall carry out any development within the Pinelands Area without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in this section.

(2) Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this section:

(a) The improvement, expansion or reconstruction within five years of destruction or demolition of any single-family dwelling unit or appurtenance thereto.

(b) The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling.

(c) The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes.

(d) The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign.

(e) The repair of existing utility distribution lines.

(f) The clearing of less than 1,500 square feet of land.

(g) The demolition of any structure that is less than 50 years old.

(h) The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits.

(i) The repair or replacement of any existing on-site wastewater disposal system.

(j) The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.

[Amended 11-14-2018 by Ord. No. 04-2018]

(k) The clearing of land solely for agricultural or horticultural purposes.

[Amended 11-14-2018 by Ord. No. 04-2018]

(l) Fences, provided that no more than 1,500 square feet of land is to be cleared.

(m) Aboveground telephone equipment cabinets.

(n) Tree pruning.

(o) The following forestry activities:

[1] Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.

[2] Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.

[3] Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.

[4] Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.

(p) Prescribed burning and the clearing and maintaining of fire breaks.

(q) Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 380-42A of Chapter 380, Zoning, of the Code of the City of Estell Manor.

(r) The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure provided that:

[Added 11-14-2018 by Ord. No. 04-2018]

[1] If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and

[2] If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.

(s) The installation of an accessory solar energy facility on any existing structure or impervious surface.

[Added 11-14-2018 by Ord. No. 04-2018]

(t) The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any Comprehensive Plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.

[Added 11-14-2018 by Ord. No. 04-2018]

(u) The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.

[Added 11-14-2018 by Ord. No. 04-2018]

(v) The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.

[Added 11-14-2018 by Ord. No. 04-2018]

(3) The exceptions contained in Subsection A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.

(4) Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.

B. Application requirements for minor development. Any application for approval of minor development shall be on the official forms prescribed in § 340-4 of this chapter. In addition, to the extent that said information is not included on the official forms, all information required under provisions of § 380-77B of the Code of the City of Estell Manor shall be included.

C. Application requirements for major development. Any application for approval of major development shall be on the official forms prescribed in § 340-4 of this chapter. In addition, to the extent that said information is not included on the official forms, all information required under provisions of § 380-77C of the Code of the City of Estell Manor shall be included.

D. Application not requiring formal municipal land use approval. Any application for development not requiring action by the Planning Board of the City of Estell Manor shall include all information which may be required by the Zoning Officer of the City of Estell Manor in issuing any permits required therefor and, in addition, shall include such information as may be required by the Regulations of the Pinelands Commission.

[Amended 11-5-1997 by Ord. No. 97-6]

E. Notices to the Pinelands Commission.

[Amended 11-14-2018 by Ord. No. 04-2018]

(1) Application submission and modifications. Written notification shall be given by the Administrative Officer, by e-mail or regular mail, to the Pinelands Commission within seven days after determination is made by the approval agency that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the applicant has been modified. Such notice shall include:

(a) A copy of the resolution of the approval agency.

(b) To the extent that the same is not included in the resolution:

[1] The name and address of the applicant.

[2] The legal description and street address, if any, of the parcel that the applicant proposes to develop.

[3] A brief description of the proposed development, including uses and intensity of uses proposed.

[4] The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued.

[5] The date on which the application or any change thereto was filed and any application number or other identifying number assigned to the application by the approval agency.

[6] The approval agency with which the application or change thereto was filed.

[7] The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports.

[8] The nature of the municipal approval or approvals being sought.

[9] The date of adoption of the resolution referred to in Subsection E(1)(a).

(c) This provision shall not prevent the approval agency from determining the application on its merits at the time the application is deemed complete, provided that the provisions of Subsection E(2) of this subsection, which follows immediately below, have been carried out by the applicant.

(2) Meetings and hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by e-mail, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:

(a) The name and address of the applicant.

(b) The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued.

(c) The date, time and location of the meeting, hearing or other formal proceeding.

(d) The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding.

(e) Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.

(f) The purpose for which the meeting, hearing or other formal proceeding is to be held.

(g) A copy of the notice to the Pinelands Commission and proof of service thereon shall be filed with the Solicitor of the approval agency at least one week prior to the meeting date.

(3) Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall within five days of the receipt of formal written notice of the approval or denial give notice by e-mail or regular mail to the Pinelands Commission. Said notice shall contain the following information:

(a) The name and address of the applicant.

(b) The legal description and street address, if any, of the parcel that the applicant proposes to develop.

(c) The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued.

(d) The date on which the approval or denial was issued by the approval agency.

(e) Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.

(f) Any revisions to the application not previously submitted to the Commission.

(g) A copy of the resolution, permit or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.

(4) A copy of the notice of approval required in Subsection E(3) of this subsection, as set forth immediately preceding this subsection, shall be filed with the approval agency within two weeks of the notification of same.

F. Review by the Pinelands Commission.

(1) Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection E(3) above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the City shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.

(2) Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the interim rules and regulations shall serve as the basis for Pinelands Commission review of the local approval under this section.

(3) Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.

G. Condition on prior approvals of the City.

(1) Where a prior approval has been granted by the City, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:

(a) Notification is received from the Pinelands Commission that review of the City's approval is not required;

(b) Review of the City's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42 and a final order regarding the approval is received by the City from the Pinelands Commission; or

(c) Proof that any adverse determination of the Pinelands Commission has been reversed by an administrative or judicial body having power to do the same and no further appeal is pending and that all time limitations for said appeal have expired.

(2) The above provisions shall not, however, prevent the approval agency from modifying the prior approval, provided that there shall be no subsequent approval of an application for development until the above conditions are met.

H. Effect of Pinelands Commission decision on City approval. If the Pinelands Commission disapproves an application for development previously approved by an approval agency, the application shall be deemed to be rejected. If the Commission approves the decision of an approval agency subject to conditions, the approval agency may, within 60 days, modify its prior approval to include some or all of the conditions imposed by the Commission. If the approval agency does not accept all of the conditions so imposed, the application shall be considered to have been rejected. In the case of an approval of a preliminary application for development, no final approval shall be granted by an approval agency unless the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.

I. Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the City involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.

J. Environmental Commission review. All applications for major development shall be referred to the Environmental Commission of Estell Manor for review and comment, if the same be established.

K. Public development. All development proposed by the City or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and, unless a variance be obtained, all of the standards set forth in this chapter must be met.

L. Amendments. In amending this chapter or any other chapter of the Code of the City of Estell Manor shall comply with all of the requirements of N.J.A.C. 7:50-3.45.