[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 6-19-1980 by Ord.
No. 80-10. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "West Deptford
Land Subdivision and Development Ordinance."
The purposes of this chapter are as follows:
A.
To provide rules, regulations and standards to guide the subdivision
and development of lands in this Township in a manner which will promote
the public health, safety, morals and general welfare.
B.
To ensure the orderly development, conservation, protection and proper
use of land and adequate provision for circulation, utilities and
services.
C.
To provide adequate light, air and open space.
D.
To ensure the coordination of development within the Township with
the development and general welfare of neighboring municipalities,
the county and the State of New Jersey as a whole.
E.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight.
F.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangement.
G.
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land.
H.
To encourage development which incorporates the best features of
design and relate the type, design and layout of residential, commercial,
industrial and recreational development to the particular site.
I.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development, to ensure the most efficient use of land
and to protect the Township from undue obligations from land subdivision
and development.
A.
Any owner of land within or partly within West Deptford Township
shall, prior to subdividing or resubdividing such land, submit preliminary
and final plans of the proposed subdivision or resubdivision for review
and approval by resolution of the Township Planning Board, as hereafter
provided in this chapter, before such plans shall be filed in the
office of the Clerk of Gloucester County or any construction permits
may be issued for lots shown on such plans.
B.
Any owner of land within or partly within West Deptford Township
shall, prior to development of any land, other than a residential
subdivision involving individual lots to be used for one- or two-dwelling-unit
buildings, submit site plans of the proposed development for review
and approval by resolution of the Township Planning Board, as hereafter
provided in this chapter, before any construction permits may be issued
for the development.
C.
Approval of final plans by the Planning Board shall constitute an
acceptance of proposed dedications of land for streets, parks and
other public uses or purposes. However, such approval shall not constitute
an acceptance of physical improvements on such dedicated land and
shall not impose upon the Township any obligation of maintenance of
or jurisdiction over such improvements. Such obligations shall be
undertaken only after the Township Committee shall have accepted the
improvements by official act according to law.
B.
ALLEY
APPROVING AUTHORITY
BLOCK
BUFFER, PERIMETER LANDSCAPED OPEN SPACE
CARTWAY
CLEAR-SIGHT DISTANCE
CLEAR-SIGHT TRIANGLE
COMMUNITY BUILDINGS
COMPLETE APPLICATION
CONSTRUCTION ZONE
CROSSWALK
CROWN
CUL-DE-SAC
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DISTURBANCE ZONE
EASEMENT
FINAL APPROVAL
LANDSCAPE ARCHITECT
LANDSCAPER
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MINOR SITE PLAN
MINOR SUBDIVISION
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN SPACE
PERFORMANCE GUARANTY
PERMITS
PLANTING STRIP
PLAT
PRELIMINARY APPROVAL
QUALIFIED PROFESSIONAL FORESTER
RESUBDIVISION
RIGHT-OF-WAY
SITE PLAN
SITE PLAN, MAJOR
SITE PLAN, MINOR
SPECIMEN TREE
STREET
SUBDIVISION
TEMPORARY CERTIFICATE OF OCCUPANCY
TOWNSHIP TREE TRUST FUND
TRACT
TRANSCRIPT
TREE DIAMETER
TREE DRIPLINE
TREE REMOVAL
TREE ROOT AREA
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
A right-of-way intended for vehicular travel which serves
as a secondary means of access to lots and which abuts the side or
rear yards of two or more lots.
The West Deptford Planning Board and/or the West Deptford
Zoning Board of Adjustment are the duly authorized "approving authority."
[Added 12-1-2021 by Ord.
No. 2021-17]
An area bounded by streets.
A buffer or perimeter landscaped open space, intended to
enhance the appearance of parking lots and other outdoor auto-related
uses or to screen incompatible uses along district boundary lines
by means of appropriate landscaping or screening.
[Added 12-1-2021 by Ord.
No. 2021-17]
The portion of a street or alley intended for vehicular use.
A line of unobstructed vision from a point 4 1/2 feet
above the center line of a street or alley to the nearest point on
the top of an object four inches high on the same center line.
A triangle area at a street intersection where vision is
to be unobstructed.
Schools, hospitals, churches, clubs, lodges or any such building
used by an organization, group or by the public generally.
[Added 12-1-2021 by Ord.
No. 2021-17]
An application form completed as specified by this chapter
and the rules and regulations of West Deptford Township and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to, a site
plan or subdivision plat, provided that the Planning Board may require
such additional information not specified in this chapter or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Planning Board. An application shall be certified as complete immediately
upon the meeting of all requirements specified in this chapter and
in the rules and regulations of the Planning Board and shall be deemed
complete as of the day it is so certified by the administrative officer
for purposes of the commencement of the time period for action by
the Planning Board.
That portion of the lot covered by the proposed or existing
building or improvement or within 25 feet in front and back of such
building and 10 feet on the sides of such building, or five feet of
such improvement of the proposed cartway, the sidewalk portion of
a street, right-of-way, a utility easement, parking area or drainage
basin. Regrading of topography shall not be considered the construction
zone. Any additional impervious coverage, beyond that allowed by ordinance,
shall not be considered the construction zone.
[Added 12-1-2021 by Ord.
No. 2021-17]
A right-of-way for pedestrian travel across a block.
The branches and foliage of a tree; the upper portion of
a tree.
[Added 12-1-2021 by Ord.
No. 2021-17]
A street with access closed at one end and with a vehicular
turnaround at the closed end.
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavating or landfill; and any use or change in the use
of land for which authorization may be required pursuant to this chapter.
Development shall also include site preparation, planting of any materials
not for wholesale or retail sale and fencing, for the purpose of creating
freshwater or tidal wetlands.
[Amended 8-1-1996 by Ord.
No. 96-16]
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to N.J.S.A. 40:55D-1 et seq.
That portion of a lot covered by existing or proposed buildings,
structures, or improvements and within a certain distance around them
as noted below:
[Added 12-1-2021 by Ord.
No. 2021-17]
A right granted for the use of private land for certain public
or quasi-public purposes; also, the land to which such a right pertains.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
A person registered as a landscape architect by the State
of New Jersey.
[Added 12-1-2021 by Ord.
No. 2021-17]
An individual who derives his/her primary source of income
in a position involving the care and planting of trees and is fully
insured.
[Added 12-1-2021 by Ord.
No. 2021-17]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter.
Any subdivision not classified a minor subdivision.
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to Section 30 of P.L. 1975, c. 291, N.J.S.A.
40:55D-42; and contains the information reasonably required in order
to make an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
A subdivision of land that does not involve the creation
of more than the maximum number of lots specifically permitted by
this chapter as a minor subdivision, planned development, any new
street or extension of any off-tract improvement, the cost of which
is to be prorated pursuant to Section 30 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-42).
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application and not on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Any security which may be accepted by a municipality, including
cash, provided that not more than 10% of the total performance guaranty
may be required in cash.
Any permit, in writing, as issued by a Township official.
[Added 12-1-2021 by Ord.
No. 2021-17]
The unpaved portion of a street right-of-way either between
the sidewalk pavement and the property line or between the curb and
the sidewalk pavement.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
55D-48 and 55D-49 or N.J.S.A. 40:55D-1 et seq. prior to final approval
after specific elements of a development plan have been agreed upon
by the Planning Board and the applicant.
A person who has a bachelor of science degree from a four-year
school of forestry accredited by the Society of American Foresters.
[Added 12-1-2021 by Ord.
No. 2021-17]
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
Land set aside for use as a street, alley, crosswalk or common
means of communication, travel or drainage.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices, and any other information that may be reasonably
required in order to make an informed determination pursuant to the
provisions of this chapter relating to review and approval of site
plans by the Planning Board.
Any site plan not classified a minor site plan.
[Added 12-1-2021 by Ord.
No. 2021-17]
A site plan for a development requiring less than 10 parking
spaces as required in this chapter, containing less than 2,500 square
feet of floor area, not having more than 50% of lot coverage, not
involving a planned development, any new street or the extension of
any off-tract improvements. If storm drainage facilities, including
but not limited to detention basins, retention basins, inlets, piping
or swales, are to be constructed as part of a new site plan, or if
existing drainage facilities are to be modified or added to in any
fashion, the site plan application shall not be deemed a minor site
plan.
[Added 12-1-2021 by Ord.
No. 2021-17]
Any tree with a diameter of 18 inches and greater, regardless
of genus and species.
[Added 12-1-2021 by Ord.
No. 2021-17]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided by this chapter; or which
is shown on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
The division of a lot, tract or parcel of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created: divisions
of land found by the Planning Board or Subdivision Committee thereof
appointed by the Chairman to be for agricultural purposes where all
resulting parcels are five acres or larger in size; divisions of property
by testamentary or intestate provisions; divisions of property upon
court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map or atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
A document issued by the Construction Official certifying
a building's compliance with applicable building codes and other
laws and indicating it to be in a condition suitable for occupancy
and the site improvements are sufficient to allow use of the facility.
This certificate can only be issued when a development, unit, lot,
building, or phase of development has been partially completed and
outstanding items remains. The issuance of a temporary certificate
indicates that the relating development, unit, lot, building, or phase
of development meet all applicable building codes.
[Added 12-1-2021 by Ord.
No. 2021-17]
A monetary fund established for the purpose of receiving
cash contributions in lieu of tree replacement. This fund shall be
separately maintained by the Township for the purpose of reestablishing
and maintaining tree cover throughout the Township, or for other purposes
as determined by the West Deptford Township Mayor and Committee not
inconsistent with the purposes of this article.
[Added 12-1-2021 by Ord.
No. 2021-17]
A contiguous land area unbroken by a public street or road,
distinguishable in its ownership from all adjacent areas.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
For shade trees, the width measured 4 1/2 feet above
ground (DBH); for ornamental and evergreen trees, measured one foot
above ground; for multitrunked trees, measured at a point just below
the split.
[Added 12-1-2021 by Ord.
No. 2021-17]
The marking where the outer edge of a tree's branches
overhangs the ground.
[Added 12-1-2021 by Ord.
No. 2021-17]
The cutting down of a tree, either chemically or mechanically;
the transplanting of a tree to a site other than that under development
or the infliction of damage to a tree which is of such severity as
to show evidence within a period of two years of irreparable harm
leading to the ultimate death of the tree. Examples of such serious
damage include, but are not limited to: damage inflicted to the root
system by machinery, storage of materials and soil compaction; changing
the natural grade above, below or around the root system; excessive
pruning; excessive thinning; intentional herbicide application; paving
with concrete, asphalt or other impervious material within such proximity
as to be harmful to the tree.
[Added 12-1-2021 by Ord.
No. 2021-17]
The area under a tree extending from the trunk to the dripline.
[Added 12-1-2021 by Ord.
No. 2021-17]
The Planning Board shall have approval authority of all subdivisions
and site plans and shall have full discretion to determine which subdivisions
and site plans shall come within its jurisdiction and which of these
may be processed without full notice and hearing, as permitted by
law. The Chairman of the Planning Board shall appoint a Subdivision
Committee to review minor and major subdivisions, and a Site Plan
Review Committee to review site plans, including minor site plans,
and to submit recommendations thereon to the full Board. The Board
shall, after hearing, have the authority to approve preliminary plans
of subdivisions but shall arrange said hearing so that the Township
Committee may be previously informed of such hearings and may make
such recommendations as it may see fit.
The Planning Board shall make its decisions on subdivision and
site plans according to the purposes stated in the Municipal Land
Use Law (1975)[1] and this chapter and according to the standards of design
set forth in this chapter. The Board shall approve final plans only
on the determination that such plans are in conformity with previously
approved preliminary plans.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Appeals from final decisions of the Planning Board may be made,
in writing, to the Township Committee, provided that such appeals
are taken in accordance with N.J.S.A. 40:55D-17.
A.
All plans when first submitted shall be deemed preliminary plans.
B.
The Planning Board shall review preliminary plans to determine whether
the plans comply with the following:
(1)
The purposes stated in the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
(2)
The requirements of this chapter, including standards of design established
herein.
(3)
The requirements of the National Flood Insurance Act of 1968, as
amended, to ensure that all subdivision proposals are consistent with
the need to minimize flood damage; that all public utilities and facilities
such as sewer, gas, electrical and water systems are located, elevated
and constructed to minimize or eliminate flood damage; and that adequate
drainage is provided so as to reduce exposure to flood hazards.
(4)
Whether the plans have been referred to appropriate agencies for
review if so required by the Coastal Wetlands Act (N.J.S.A. 13:9A-1
et seq.), the New Jersey County and Regional Planning Enabling Act
(N.J.S.A. 40:27-6.3), the Realty Improvement Sewerage and Facilities
Act, 1954 (N.J.S.A.58:11-25.1), the Flood Control Act, 1972 (N.J.S.A.
58:16A-50 et seq.), or other applicable environmental laws, rules
or regulations. In the event that the application requires approval
by a governmental agency other than the Planning Board, the Planning
Board shall, in appropriate instances, condition its approval upon
the subsequent approval of such governmental agency.
C.
If an application for development is found to be incomplete, the
developer shall be notified, in writing, of the deficiencies therein
by the Secretary of the Planning Board within 45 days of the submission
of such application or it shall be deemed to be properly submitted.
D.
An application shall be certified as complete immediately upon the
meeting of all requirements specified in this chapter and in the rules
and regulations of the Planning Board and shall be deemed complete
as of the day it is so certified by the administrative officer for
purposes of the commencement of the time period for action by the
Planning Board.
Upon the submission of a complete application for a subdivision
of 10 or fewer lots or for a minor site plan which involves 10 acres
of land or less, and 10 dwelling units or fewer, 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 applicant. Upon the submission of a complete application
for a subdivision of more than 10 lots, or a site plan which involves
more than 10 acres or more than 10 dwelling units, 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. If the Planning Board fails to act within the
above time limits, the Board shall be deemed to have granted preliminary
approval to the subdivision or site plan.
If the Planning Board requires any substantial amendment in
the layout of improvements proposed by the applicant that have been
the subject of a hearing, or if the applicant, on his own initiative,
makes substantial changes after the hearings, an amended application
shall be submitted and proceeded upon, as in the case of the original
application for preliminary approval.
The regulations, requirements and standards contained in this
chapter constitute the minimum requirements for the protection of
the public health, safety, convenience and welfare, as affected by
the subdivision and development of lands, of the inhabitants of this
Township, and the Planning Board shall give primary consideration
to such fact in deciding upon all actions taken by it under this chapter;
provided, however, that if the applicant can demonstrate that because
of peculiar conditions pertaining to the land proposed to be subdivided
or developed, the literal enforcement of one or more of said regulations,
requirements and standards is impractical or will result in undue
hardship, the Planning Board may waive or modify such provisions as
will be reasonable and within the general purpose and intent of said
regulations, requirements and standards established by this chapter.
In any case of peculiar conditions pertaining to the land proposed
to be subdivided or developed, if the minimum standards herein provided
are determined by the Planning Board to be inadequate for the protection
of the public health, safety, convenience and welfare, or for the
protection of the environment, then the Planning Board may require
compliance with such additional standards as it deems reasonable and
within the general purpose and intent of this chapter.
A.
The Planning Board shall grant final approval of site plans and major
subdivisions if the detailed drawings, specifications, guaranties
and other requirements for final approval conform to the standards
established by this chapter, the conditions of preliminary approval
and, in the case of a major subdivision, the standards prescribed
by N.J.S.A. 46:26B-1 et seq.
B.
Upon the submission of a complete application for final subdivision or site plan approval, the Planning Board shall grant or deny final approval within 45 days after the acceptance date, as determined in § 143-9 above, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within 45 days of the date of submission of a complete application of the final subdivision or site plan shall constitute final approval. A certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant.
C.
Whenever review or approval of the final subdivision or site plan
application by the County Planning Board is required pursuant to N.J.S.A.
40:27-6.3 (subdivision) or N.J.S.A. 40:27-6.6 (site plan), the Planning
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time.
A.
Each decision of the Planning Board on any application for development
shall be reduced to writing and shall include findings of facts and
conclusions based thereon, and conditions, if any. Failure of a motion
to approve an application for development to receive the number of
votes required for approval shall be deemed an action denying the
application. Such actions shall be memorialized by written resolution,
as required by Section 6g of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10).
B.
Where the application for subdivision or site plan approval is subject to review and/or approval of other governmental agencies, such as the Gloucester County Planning Board and those agencies listed in § 143-8B(4) hereof, preliminary approval shall be subject to the condition that such reviews and/or approvals be obtained from such agencies.
Rights of applicants with respect to developments after preliminary
plan approval, and upon approval of site plans and final subdivision
plans shall be as specified in N.J.S.A. 40:55D-49 and 40:55D-52.
A.
Final approval of a major subdivision plan shall expire 95 days from
the date of signing of the plat by the Planning Board, unless within
such period the plat shall have been duly filed by the subdivider
with the county recording officer. The Planning Board may, for good
cause shown, extend the period for recording for an additional period
not to exceed 190 days from the date of signing of the plat.
B.
No major subdivision plan may be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to § 143-12B. The signature of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the required performance and maintenance guaranties. Planning Board authorization for its officers to sign the plan upon posting the required guaranties shall become void unless such guaranties are posted within 180 days after authorization, unless such time is extended by action of the Planning Board.
C.
Approval of a minor subdivision plan shall expire 190 days from the
date of Planning Board approval unless within such period a plat in
conformity with such approval and the provisions of N.J.S.A. 46:26B-1
et seq., or a deed clearly describing the approved minor subdivision
is filed by the developer with the county recording officer, the Township
Engineer and the Township Tax Assessor. Any such plat or deed accepted
for filing shall have been signed by the Chairman and Secretary of
the Planning Board.
A.
Concept plan. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. If formal technical review of a concept plan is requested by the developer, the developer shall post escrow review deposits as provided in Chapter 102, Article VI, of the West Deptford Township Code.
B.
Minor subdivision plans.
(1)
Criteria.
(a)
Not more than five lots are created from one tract, exclusive
of any remaining portion of the main parcel.
(b)
The subdivision does not involve a planned development as defined
by N.J.S.A. 40:55D-6.
(c)
Each lot can be served by the existing sewer and water systems,
or in the alternative a plan may be presented, approved by the Township
Engineer, showing the extension of existing water and sewer systems
on a street or right-of-way contiguous to the proposed subdivision
at the expense of the subdivider.
(d)
Each lot has frontage on an existing hard-surfaced street dedicated
and accepted by the Township, said street having adequate actual or
proposed right-of-way widths as required by this chapter, provided
that the Planning Board may approve lots which front on an unimproved
street which is dedicated to the Township and which appear on the
Township Tax Maps if plans are submitted showing the improvement of
such streets to Township specifications, including curbs and sidewalks,
at the expense of the applicant, and if appropriate guaranties for
such improvements are posted with the Township.
(e)
None of the lots, with the exception of any remaining portion,
is intended for further subdivision.
(f)
The subdivision does not involve the extension of any off-tract
improvement, the cost of which is to be prorated pursuant to Section
30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42).
(2)
Plan submission requirements. All plans shall be prepared and signed
by a professional engineer or land surveyor licensed in New Jersey.
The following shall be submitted to the Secretary of the Planning
Board:
(a)
Three copies of the completed application signed by the applicant.
(b)
Eight copies of the subdivision plan drawn to a scale not smaller
than 50 feet to the inch, and showing the following:
[1]
The limits, dimensions and area of the tract to be subdivided
and its identifying numbers on the Township Tax Map.
[2]
Existing streets, including the widths of the right-of-way and
cartway, and type and condition of paving.
[3]
The proposed lot layout with dimensions and building setback
lines.
[4]
The location and dimensions, where applicable, of existing buildings,
utilities, easements, rights-of-way, public lands, tree masses, survey
monuments, streams and other such features.
[5]
The location and dimensions of proposed easements, rights-of-way
and land reserved for public purposes, if any.
[6]
The location of the proposed subdivision in relation to adjacent
streets and properties (this may be shown on a separate map).
[7]
The following additional information when required by the Planning
Board:
[a]
Existing topographic contours at one-foot intervals,
based on United States Geological Survey datum. The Planning Board
may also require that the plans show proposed final contours and the
method of drainage of the tract and adjacent territory.
[b]
The results of soil borings taken on the site,
indicating soil types and groundwater levels, along with a statement
regarding future ground fluctuation levels.
[c]
A tentative plan to control soil erosion or a plan
approved by the Soil Conservation Service.
(c)
Six copies of a statement of any proposed improvements, including
street improvements, curbs, gutters, sidewalks and shade trees.
(d)
A statement from the developer's engineer or surveyor, indicating
that the plans are or are not in conformity with subdivision, zoning,
building, sanitation and other applicable Township ordinances and
regulations. If they are not so conforming, the subdivider shall furnish
a statement giving the reasons for requesting exceptions.
(e)
A certification indicating compliance with county and state
permit requirements with respect to county and state roads, where
applicable.
(3)
Plan review and Planning Board action.
(a)
Upon review of the plans and a unanimous finding by the Subdivision
Committee that the minor subdivision criteria are met, the requirement
of notice and public hearing for the subdivision application may be
waived by the Planning Board. The Board may thereafter approve by
resolution the minor subdivision plan which shall be deemed final
approval without submission of a final plan, or the Board may disapprove
such plan. The Board may condition any approval on terms insuring
the provision of improvements, pursuant to N.J.S.A. 40:55D-38 to 55D-40,
inclusive, and N.J.S.A. 40:55D-53.
(b)
Upon approval and signing by the Planning Board Chairman and
Secretary, the Secretary of the Planning Board shall file a copy of
the application, resolution and approved plan with the applicant and
the Township Clerk and shall retain a copy of each in the files of
the Planning Board. Copies of the approved plan shall be forwarded
to the following:
(c)
If the application and plans are rejected, they shall be so
marked and signed by the Chairman and the Secretary of the Planning
Board. One copy of the rejected application and plans shall be retained
for the Planning Board files and all others shall be returned to the
applicant.
(d)
If the subdivision submitted to the Board under a request that
it be treated as a minor subdivision is classified as a major subdivision,
a notification to that effect shall be made on the plan and signed
by the Secretary and Chairman of the Planning Board. One copy of the
application and plan shall be retained for the Planning Board's files
and the rest returned to the applicant.
A.
Preliminary plans.
(1)
Plan requirements. An applicant for a major subdivision shall submit
to the Secretary of the Planning Board the following material for
review and approval of his preliminary plan:
(a)
Three copies of the completed application signed by the applicant.
(b)
Ten copies of the subdivision plan in the form of a map or series
of maps drawn to a scale not smaller than 50 feet to the inch, and
three copies of the plan at a scale of 200 feet to the inch for use
by the Planning Board and Environmental Commission in reviewing environmental
considerations. Such plan shall show the following:
[1]
The limits, dimensions and area of the tract to be subdivided
and its identifying numbers on the Township Tax Map.
[2]
Existing and proposed streets, including the widths of the rights-of-way
and cartway, and proposed paving and concrete materials and dimensions.
[3]
The proposed lot layout with dimensions and building setback
lines.
[4]
The location and dimensions, where applicable, of existing buildings,
utilities, easements, rights-of-way, public lands, tree masses, survey
monuments, streams and other such features.
[5]
The location and dimensions of proposed easements, rights-of-way
and land reserved for public purposes.
[6]
Existing topographic contours at intervals of two feet, based
on United States Geological Survey data. The Planning Board may also
require that the plans show proposed final contours and the method
of drainage of the tract and adjacent territory.
[7]
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.
[8]
The location, size and material of proposed sanitary sewers,
storm drainage and water facilities, including supporting engineering
documentation such as hydraulic calculations and drainage-shed areas.
[9]
The profiles of all existing and proposed road center lines
and proposed sanitary and storm sewers.
[10]
The results of soil borings taken on the site,
indicating soil types and groundwater levels, along with a statement
regarding future groundwater fluctuation levels.
[11]
A plan to control soil erosion.
(c)
Six copies of a sketch or map, at a smaller 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, existing streets, and any proposed
connections with existing sewer and water facilities.
(d)
Six copies of a statement of proposed improvements, including
streets, curbs, gutters, sidewalks, street signs, fire hydrants, utilities
and streetlights.
(e)
Six copies of a statement showing the proposed order of development
of parts of the subdivision or the developer's intent to commit himself
to the full development at one time. The approval of an order of development
shall be a condition of the approval of all preliminary plans. If
a developer decides, after his preliminary plans have been approved,
to proceed by submitting his final plans a section at a time or to
alter a previously approved order of development, he shall submit
his proposed order of development to the Planning Board for approval
before proceeding with the submittal of final plans.
(f)
A statement from the applicant's engineer indicating that the
plans are or are not in conformity with the engineering, zoning, building,
sanitation and other applicable Township ordinances and regulations,
and if they are not so conforming, the subdivider shall furnish a
statement giving the reasons for requesting exceptions.
(g)
A certification indicating compliance with county and state
permit requirements with respect to county and state roads, where
applicable.
(h)
If required by the Planning Board, a traffic study shall be
prepared indicating the impact the proposed development will have
on existing conditions.
(2)
Procedure for submission, review and action.
(a)
All applications for preliminary subdivision plan approval and
accompanying plans shall be filed with the Secretary of the Planning
Board.
(b)
Upon a finding by the Planning Board that the application and
plans conform with the requirements of this chapter, the Planning
Board shall docket the plan for hearing and cause copies of the application
and plans to be submitted to the following for review and recommendations:
the Subdivision Review Committee, the Township Engineer, the County
Planning Board, the Construction Code Official, the Planning Consultant,
the Township Committee for information purposes, and the Planning
Board file. Where pertinent, copies shall be sent also to the Environmental
Commission for its review and recommendation.
(c)
Following preliminary review of applications and plans for completeness and conformity with the requirements of this chapter, the applicant shall give public notice of the hearing on the application in accordance with the provisions of § 102-28 of the Code of West Deptford Township, entitled "Notice requirements for hearings."
(d)
After the required hearing on the plan, the Planning Board,
by resolution, may approve the plan, approve the plan with conditions,
or disapprove the plan, stating the reasons for disapproval.
(e)
The Board's action shall be noted or stamped on all copies of
the subdivision plan, and a copy of the resolution setting forth the
determination of the Board shall be attached thereto. Such plans shall
be designated final preliminary plans. The Secretary of the Planning
Board shall distribute copies of the plans and of the resolution to
the Township Engineer, the Construction Code Official, the Tax Assessor
and the applicant.
B.
Final plans.
(1)
Plan requirements. The subdivider shall submit final subdivision
plans and supporting materials to the Secretary of the Board with
applications for approval of his final plans. Final plans shall conform
in all important details with preliminary plans as approved by the
Planning Board. Any conditions specified in the approval of preliminary
plans shall be incorporated in the final plans. The following materials
shall be submitted by the subdivider:
(a)
Three copies of the completed application signed by the applicant.
(b)
Ten copies of the final subdivision plan in the form of a map
or series of maps drawn to a scale not smaller than 50 feet to the
inch. One copy shall be made upon translucent tracing cloth or Mylar
reproducible, with black, waterproof India ink, and one copy shall
be a cloth print duplicate thereof; both of these copies shall be
suitable for recordation according to N.J.S.A. 46:26B-1 et seq. The
remaining copies shall be black or blue line on white prints. The
final subdivision plans shall show or be accompanied by the following:
[1]
The items required to be shown in preliminary subdivision plans, as specified in § 143-18A(1) et seq., in final form.
[2]
Date, name and location of the subdivision, name of the owner,
graphic scale and reference meridian.
[3]
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, arcs and central angles
of all curves. The Engineer or surveyor shall certify to the accuracy
of the details of plat.
[4]
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.
[5]
Each block shall be numbered, and the lots within each block
shall be numbered consecutively in accordance with the approval of
the Tax Assessor.
[6]
Minimum building setback line on all lots and other sites.
[7]
Location and description of all existing and proposed monuments.
[8]
Final block and lot grading plan showing spot elevations or
finished contours to indicate all surface drainage flows.
(c)
Certificate from Tax Collector that all taxes are paid to date.
Approval of the final plat shall be withheld until submission of such
evidence that no taxes or assessments for local improvements are due
or delinquent with respect to the land to be subdivided.
(d)
A certificate of title showing ownership of the subdivision
and one copy of any deed restrictions affecting the subdivision of
the property or a written statement by the subdivider that there are
no such restrictions.
(e)
A statement of the type or types of structures to be erected,
if any, together with sketches of typical lot layouts, indicating
front, side and rear yards, and a summary table of the number of structures
and dwelling units proposed.
(f)
Guaranties.
[1]
Certification by the Township Engineer that the developer has
adequately installed all streets, street improvements, including sanitary
and/or storm drainage, water, curbs, sidewalks, street signs, hydrants
and shade trees or evidence that the subdivider has furnished the
Township the following guaranties:
[a]
A performance bond acceptable to the Township Solicitor
in a surety company authorized to do business in the State of New
Jersey for the satisfactory construction and installation of all required
public improvements and for the restoration of all existing streets
affected by the proposed construction, in accordance with requirements
of law. The amount of the bond shall be 120% of the Township Engineer's
estimate of the cost of such construction and installation.
[2]
The guaranty shall call for completion of the improvements within
one year of the date of final approval. This time may be extended
by resolution of the governing body, provided that the bond amount
is revised to 120% of the Township Engineer's estimate of current
costs of the construction and installation.
[3]
Plans for large developments may be approved in sections where
the requirement for a guaranty covering the entire subdivision would
impose an undue hardship on the subdivider, provided that the plan
submitted is according to the order of development previously approved
as part of the preliminary plan or to a previously approved amendment
thereof. Approval of final plans for part of a property shall not
be construed as approval of final plans for all or a greater part
of the property.
[4]
Performance guaranties shall remain in full force and effect
until released in whole or in part by the Township in accordance with
the provisions of Section 41 of P.L. 1978, c. 291 (N.J.S.A. 40:55D-53).
(g)
Upon completion and acceptance of all required improvements, a guaranty for the maintenance of all required public improvements for a period of two years after the date of acceptance by the Township of those improvements. The amount of the bond shall be 15% of the Township Engineer's estimate of the cost of original construction. The form and procedure of the maintenance guaranty shall be as specified in Chapter 102, Article VI, of the Township Code for the posting of maintenance guaranties.
(2)
Final plan review procedures.
(a)
One copy of each final subdivision plan, utility maps, street
profiles and other data received by the Secretary of the Planning
Board shall be transmitted to the Township Engineer for his review
and report to the Planning Board. Six copies of subdivision plans
and one copy of all supporting material shall be sent directly to
the Planning Board for its review.
(b)
The Township Engineer shall review such plans and submit a report
thereon to the Planning Board.
(c)
Planning Board action shall consist of approval or disapproval
for stated reasons. Such action shall be noted or stamped on all copies
of the plan. Grounds for disapproval shall be specified and shall
be included in the resolution of such action.
(d)
The Township Engineer shall not make his certification on the
final plan for filing with the county recording officer until all
other required approvals have been made.
(e)
Distribution of copies of the plan, as finally approved, shall
be as follows: one to be retained by the Planning Board, one cloth
tracing and one copy of the print to the Township Engineer, one to
the Tax Assessor, one to the Construction Code Official, one to the
Township Clerk, and two to the subdivider. The subdivider shall be
responsible for filing the approved subdivision plan with the county
recording officer within 95 days of approval or such further time
as the Planning Board may determine, but not to exceed 95 days additional.
(f)
Guarantees. The developer of a major residential subdivision shall be required to post inspection fee escrow deposits, performance guarantees and maintenance guarantees in accordance with the procedures established in Chapter 102, Article VI, of the Township Code.
[Amended 12-1-2021 by Ord. No. 2021-24]
A.
The street and lot layout of a nonresidential subdivision shall be
appropriate to land use for which the subdivision is proposed and
shall conform to the proposed land use and standards established for
such a development in the Zoning Ordinance[1] and with those principles and standards established in
this chapter which are generally appropriate to planning of all subdivisions.
The Planning Board shall have the right to modify or waive such preliminary
plan specifications and standards of design which are not pertinent
to exclusively commercial or industrial areas, provided that no such
waiver or modification shall be made which would be contrary to the
purposes and intent of this chapter or which would otherwise not be
in keeping with the public interest.
B.
In addition to the applicable requirements of this chapter, the subdivider
shall comply with the following:
(1)
The subdivider shall demonstrate to the satisfaction of the Planning
Board that the proposed street and block pattern will permit the logical
development of land and tracts and that provision has been made for
the extension of power, sewer, water and other utilities into neighboring
tracts which can be similarly developed.
(2)
Street right-of-way and cartway standards and street paving shall
be adequate to accommodate the type, weight and volume of traffic
which is anticipated in accordance with Township specifications.
(3)
Streets and railroads, where included, shall be arranged to minimize
accident hazards within the site to avoid traffic conflicts on adjacent
and connecting streets and to ensure adequate circulation through
the entire subdivision.
(4)
All off-street parking areas shall be paved according to the road
specifications of the Township and shall be laid out with raised barriers
or painted stalls to facilitate convenient and efficient use of the
area as it is intended to be used, planned to be used or might be
used. Such off-street parking areas shall be suitably illuminated.
(5)
Off-street space for truck loading and unloading shall be provided
for commercial and industrial uses. Delivery and refuse trucks shall
be able to service each use from a location and to maneuver without
hazard to those using the parking spaces.
(6)
Adjacent residential areas shall be protected from potential nuisances
by the proposed nonresidential use by such means as providing extra
depth to lots which back up on residential areas, arrangements of
lighting facilities, and by making provisions for permanently landscaped
buffer areas along residential district property lines.
(7)
Streets intended for truck traffic shall not normally be extended
into residential district areas or connected to predominantly residential
streets.
[Amended 12-15-1983 by Ord. No. 83-19]
To further accomplish the purposes specified in § 143-2 hereof, all applications for building permits for any land development involving commercial uses, industrial uses or other nonresidential uses, or which involves extension of Township sewer or water facilities, or for any multiple-family dwelling or any community residence for the developmentally disabled or community shelter for victims of domestic violence which houses more than six such persons, excluding resident staff, shall be referred to the Planning Board for review and action in accordance with the procedures and standards prescribed herein. This requirement shall not apply where site plans have been or are required to be submitted and approved by the Planning Board for apartments or shopping centers under the provisions of the Township Zoning Ordinance.[1] The Planning Board is further authorized to waive or modify
plan submission requirements in the case of applications for small
commercial or industrial buildings or establishments where fewer than
six parking spaces are required and where no extension of water and
sewer utilities are involved, and to waive public notice and hearing
requirements for minor subdivisions and minor site plans, as authorized
by law.
A.
Site plan approval applications. Applicants for uses for which site
and building plan approval is required shall submit to the Zoning
Officer 12 copies of the plans and information listed below. In lieu
thereof, 12 copies of the site plans and information required to be
submitted to the Gloucester County Planning Board in accordance with
the Gloucester County Land Development Review Resolution may be submitted.
The Planning Board shall have the right, however, to require any additional
information required by this chapter.
(1)
A plan or plans prepared by a professional engineer or land surveyor
licensed in New Jersey which will describe the integrated or overall
development of the tract of land for which an application is made,
drawn to a scale of not less than one inch equals 100 feet. Copies
of the plan at a scale of one inch equals 200 feet may also be required
by the Planning Board upon its determination that the site plan should
be reviewed by the Environmental Commission. Such plans shall show
the following:
(a)
The location, boundaries, dimensions and ownership of the land
to be included, and the zoning district or districts in which it is
located.
(b)
The location, use, dimensions and arrangements of all existing
and proposed buildings and structures, streets, sidewalks and open
spaces, including the height of all buildings; the location and capacity
of all areas to be used for off-street parking, loading and unloading;
the location and dimensions of all accessways, entrances, exits and
other provisions for accommodating traffic; and the location of all
areas devoted to planting, landscaping, or similar purposes.
(c)
The total gross floor area of all buildings and, where applicable,
the floor area exclusive of basement areas not used for sale or display
of merchandise.
(d)
The physical features of the tract, including existing topography
and proposed grading contours at not less than two-foot intervals
or in sufficient detail to enable the Township Engineer to determine
the adequacy of the proposed drainage system.
(e)
The provisions made for, and the location of, all sewage and
industrial waste disposal, water supply, stormwater drainage, exterior
lighting and similar facilities.
(f)
A description, rendering, sketch or picture of new buildings
or structures.
(2)
Information sufficient to demonstrate that satisfactory arrangements
will be made to accommodate probable increases in traffic and facilitate
traffic movement on the streets in the vicinity of the proposed use.
If deemed necessary, the Planning Board may require the applicant
to submit a report thereon by a traffic engineer.
(3)
A plan or description of the buffer or screening devices and areas
to be installed, and provisions to be made for the maintenance thereof.
(4)
Sufficient data in all instances to enable the Planning Board to
judge the effectiveness of the design and character of the proposed
development; consider properly such things as the relationship of
the proposed development or use to surrounding areas, anticipated
traffic, public health, safety and general welfare; and determine
that the proposed plan and use comply with the requirements of the
district and any other pertinent requirements of the Township.
(5)
The Planning Board may waive site plan review or waive or modify
any of the requirements or details specified to be shown on the site
plan in any given application if the Planning Board determines that
certain requirements or specifications are not necessary to be shown
in order to ensure that said site plan conforms to the standards of
good planning and will have no deleterious effect on the neighboring
properties and indicates sufficient materials to assure adequate protection
of the health, welfare and safety of the people of the Township. The
Planning Board may also waive the requirements for public notice and
hearing for minor site plans.
B.
Procedure.
[Amended 12-4-1980 by Ord. No. 80-23]
(1)
Upon submission to the Zoning Officer of a complete application for
a site plan which involves 10 acres of land or less, and 10 dwelling
units or fewer, the Planning Board shall grant or deny preliminary
site plan approval within 45 days of such submission or within such
further time as may be consented to by the developer. Upon submission
of a complete application for a site plan which involves more than
10 acres or more than 10 dwelling units, the Planning Board shall
grant or deny preliminary site plan approval within 95 days of the
date of such submission or within such further time as may be consented
to by the developer. Unless extensions are given by the developer
within the time limits prescribed above, the absence of action on
the part of the Planning Board (or a committee of the Planning Board
as referred to below) within the said prescribed time limits shall
constitute preliminary approval of the site plan.
(2)
In the event that an application for development is found to be incomplete
by the Zoning Officer, the Township Engineer, the Planning Board or
a designated committee of the Planning Board, the developer shall
be notified, in writing, of the deficiencies within 45 days of the
submission of such application or it shall be deemed to have been
properly submitted.
(3)
If a complete application for site plan is disapproved, the reason
for such disapproval shall be clearly stated to the applicant. Thereafter,
amended applications correcting disapproved applications shall be
submitted and proceeded upon as in the case of an original application.
(4)
The Planning Board may, by adoption of appropriate amendments to
its bylaws, vest all or a portion of its power to review and all or
a portion of its power to approve minor site plans in a designated
committee of the Board.
C.
Performance guarantees. Upon approving the site plan, the Planning Board shall require that the applicant first furnish to the Township a performance guaranty and two-year maintenance guaranty in accordance with the procedures established in Chapter 102, Article VI, of the Township Code.
[Amended 12-1-2021 by Ord. No. 2021-24]
D.
Standards for site and building plan review. In addition to the subdivision design standards and specifications included in § 143-21 hereof, the following additional standards shall be used by the Planning Board as guidelines in reviewing site and building plans:
(1)
The existing landscape should be preserved in its natural state insofar
as possible, and tree and soil removal kept to a minimum. Grade changes
should be made in keeping with the general appearance of neighboring
developed areas. New landscaping and ground cover areas shall take
appropriate account of the environmental protection of the site.
(2)
Proposed structures should be related harmoniously to the terrain
and to existing buildings in the vicinity that have a visual relationship
to the proposed development. Provision should be made for the screening
of all parking, service and loading areas, playgrounds (where required),
equipment and storage areas from adjacent properties.
(3)
Adequate provision shall be made for vehicular and pedestrian circulation,
including walkways, interior drives and parking, with special attention
given to location and number of access points to the public streets,
width of interior drives, general interior circulation, separation
of pedestrian and vehicular traffic and arrangement of parking areas
that are safe and convenient and do not detract from the design of
proposed structures and the neighboring properties. The design standards
included in the Gloucester County Land Development Review Resolution
shall also be used as a guide in reviewing site plans.
(4)
Provision shall be made for the proper location and adequate intensity
and direction of outdoor lighting so that it will reflect the lighting
away from adjoining premises and public rights-of-way. The size, location,
design, color, texture, lighting and materials of all signs shall
not detract from the design of the proposed buildings and the surrounding
properties and streets or create confusion with other signs or for
drivers of vehicles.
(5)
The exterior walls of any building which faces on any street or residence
district shall not be constructed of exposed plain concrete or cinder
block.
In the design of each subdivision, the subdivider shall observe
the standards, requirements and principles of land subdivision which
are included in this section, and shall comply also with General Construction
and Material Specifications for streets, curbs, sidewalks, gutters,
water facilities, sanitary sewers, storm sewers and other drainage
facilities, and fire hydrants, as promulgated by the Township Engineer
and approved by the Township Committee, copies of which are available
for use in the Township Building and the office of the Township Engineer.
A.
General.
(1)
All subdivisions shall conform to design standards that will encourage
good development patterns within the Township and shall be coordinated
with existing nearby neighborhoods so that the community as a whole
may develop harmoniously. Subdivisions shall conform to the proposals
and conditions with respect to streets, drainage rights-of-way, school
sites, public parks, playgrounds and other open spaces shown on the
Master Plan or on the Official Map, when adopted.
(2)
No land shall be subdivided for residential purposes unless on-site
hazards to life, health or property from flood, fire, disease, smoke,
excessive vibration, noise, odor and dangerous terrain conditions
shall have been eliminated or unless the plans for the subdivision
provide adequate safeguards against such hazards. In order to determine
if such hazards exist, and/or if adequate safeguards have been provided,
the Planning Board shall be guided by appropriate applicable regulations
and standards of the State of New Jersey, the United States government
and nationally recognized organizations and may consult such official
agencies or private experts as it may deem necessary.
(3)
In all residential subdivisions, and to the maximum feasible extent
to nonresidential subdivisions, all telephone, telegraph, electrical
utility lines, television cables and other utility lines which are
applicable shall be placed below the ground.
B.
Blocks and lots.
(1)
Block length. Blocks shall be not less than 500 feet long nor more
than 1,300 feet long, except that blocks along major streets shall
not be less than 800 feet long. Crosswalks up to 12 feet wide may
be required for blocks more than 1,000 feet long.
(2)
Block width. Blocks shall be wide enough for two tiers of lots and
shall not be less than 200 feet wide.
(3)
Through lots. Double frontage lots are to be avoided and generally
will not be permitted unless the lots are a minimum of 200 feet deep.
Where the rear yards of double frontage lots abut major or secondary
highways and the lots are entirely served by a separate residential
service or neighborhood feeder street, their use may be required.
(4)
Grading. Blocks and lots shall be graded to secure proper drainage
and to prevent the collection of stormwater in pools. Unless it is
determined by the Township Engineer not to be feasible, all lots shall
be graded so that they drain toward the street. Topsoil shall be redistributed
on the surface as cover and shall be stabilized by seeding and planting.
(5)
Lot lines. Lot lines shall be at right angles to street lines or
radial thereto wherever practical.
(6)
House numbers. House numbers shall be assigned to each lot by the
Construction Code Official.
(7)
Residential parking. At least one off-street parking space in back
of the required front yard line and with access to a public street
or alley shall be provided for each proposed single-family detached
dwelling. Multiple-family dwellings shall comply with the requirements
of the Zoning Ordinance.[1] Where such access is to a major or secondary street, adequate
turnaround space shall be provided on the lot.
C.
Streets and sidewalks.
(1)
Integration. The proposed street pattern shall be integrated with
the Township plan of streets and shall be related to topography so
as to produce usable lots and reasonable street grades.
(2)
Design and purpose. Streets shall be designed according to their
function and laid out to preserve the integrity of their design. Streets
shall be classified by function as follows:
(a)
Residential service streets: streets providing direct access
to residential structures and intended primarily to serve only the
properties along them. Standards assume light flow with parking permitted
on both sides.
(b)
Neighborhood feeder streets: streets connecting residential
service streets, providing access to community facilities and intercommunity
streets and intended primarily for the use of neighborhood traffic.
Standards assume medium flow and street parking on both sides.
(c)
Intercommunity streets: streets connecting places of relatively
dense settlement with each other and with major traffic streets and
intended primarily for interneighborhood and commuter traffic. Standards
assume relatively heavy traffic flow at high speeds. Street parking
may or may not be assumed.
(d)
Industrial or commercial collectors: streets located in areas
of industrial or commercial developments which by their location will
carry traffic of a general heavy nature. Collector streets will generally
carry vehicles loaded with industrial and commercial products or vehicles
designed for industrial and commercial services. Standards for these
streets assume high-density, heavy traffic at low speeds over comparatively
short distances.
(e)
Major traffic streets: streets serving large volumes of comparatively
long-distance, high-speed traffic, and intended primarily for intercity
and commuter traffic.
(3)
Widths. Minimum street widths are as follows:
|
Type of Street
|
Right-of-Way Width
(feet)
|
Cartway Width
(feet)
|
Curb Reveal
(inches)
|
|---|---|---|---|
|
Residential service
|
54
|
34
|
6
|
|
Neighborhood feeder
|
60
|
36
|
8
|
|
Intercommunity
|
66 to 86
|
40
|
10
|
|
Industrial and commercial
|
68
|
48
|
10
|
|
Major traffic
|
Standards of State Department of Transportation
| ||
(4)
Continuations. New streets shall be laid out to continue existing
streets at no reduction in width, provided that such continuations
are both reasonable and practicable. When development is proposed
along existing streets of insufficient width, sufficient additional
width to conform with the above standards shall be required.
(5)
Street names. Continuations of existing streets shall be known by
the same names. Names for new streets shall not duplicate or closely
resemble names of existing streets.
(6)
Access. Street layout shall make provision for access to all lots
in the subdivision and to adjacent undeveloped areas whether on the
same or on an adjoining tract. The subdivider shall improve access
streets to the limits of the subdivision.
(7)
Reserve strips. Reserve strips controlling access to the subdivision
or to adjacent areas are prohibited unless control and disposal of
them is vested in the Township.
(8)
Half streets. Provision on half streets, except to complete existing
half streets, is prohibited.
(9)
Highway frontage. If the subdivision abuts a present or proposed
major or secondary street, the Planning Board may require the use
of through lots as described above or the use of a marginal service
street along the edge of the highway but separated from it by a raised
strip at least five feet wide.
(10)
Railroad influence. When a subdivision abuts a railroad, streets
crossing the railroad shall be kept to a minimum and shall be located
to facilitate grade separation.
(11)
Dead-end streets. Dead-end streets are prohibited unless constructed
as culs-de-sac not exceeding 500 feet in length, with a turnaround
having a minimum radius of 50 feet to the outside curbline. Drainage
shall preferably be away from the turnaround or provided for by storm
sewers.
(12)
Intersections. Street intersections shall be designated according
to the following standards:
(a)
No more than two streets shall cross at the same point. Street
intersections shall be at right angles wherever possible, and intersections
of less than 70° (measured at the center lines of the streets)
will not be permitted.
(b)
Intersecting streets shall not enter into the same side of major
traffic streets at intervals of less than 300 feet. Minor streets
which enter a major traffic street from opposite sides should be directly
opposite to each other, or if necessary, they may be separated by
at least 200 feet between center lines measured along the center line
of the major traffic street.
(c)
Maximum grade within any intersection shall not exceed 1%, and
approaches to any intersection shall follow a straight course within
100 feet of the intersection.
(d)
Curb radii at intersections shall be according to the following
schedule of minimum lengths:
[1]
Twenty-five feet for residential service streets and alleys;
30 feet for neighborhood and industrial and commercial feeders and
intercommunity streets; and
[2]
Thirty-five feet for major streets.
|
Where streets of different categories intersect, requirements
for the more important one shall hold. The street right-of-way line
shall be parallel to the curbline. In zones where buildings are permitted
to abut the right-of-way line, a diagonal cutoff may be employed.
Curbs at crosswalks shall be installed in accordance with New Jersey
Department of Transportation Design Standards for Curb Ramps for the
Physically Handicapped.
|
(e)
Clear sight triangles shall be required at each quadrant of
an intersection of streets. The area within sight triangles shall
be either dedicated as part of the street right-of-way or maintained
as part of the lot adjoining the street and set aside on any subdivision
or site plan as a sight triangle easement. Within a sight triangle,
no grading, planting, fence or structure shall be erected or maintained
more than 30 inches above the street center line or lower than eight
feet above the street center line, except for street name signs, streetlights
and official traffic regulation signs. Where any street involves earth
banks or vegetation, including trees, the developer shall trim such
vegetation and trees as well as establish proper excavation and grading
to provide the sight triangle. Any proposed development requiring
site plan approval shall provide sight triangle easements at each
driveway, with the driveway classified as a local street for purposes
of establishing distances. The sight triangle shall be the area bounded
by the right-of-way lines and a straight line connecting site points
on street center lines as follows:
[1]
From a point on a minor (stop control) road center line at least
20 feet from the edge of the major (through) road pavement; and
[2]
From the intersection of the center lines along the major road
center line 300 feet for a local road, 350 feet for a collector road
and 500 feet for an arterial road.
(13)
Grades. There shall be a minimum center-line grade of 1/2 of
1% and a maximum center-line grade of 6% of major or intercommunity
streets, and a maximum grade of 10% on other streets for short distances
where no gentler slope is possible.
(14)
Directional changes. Changes in street direction shall be made
by horizontal curves with a minimum radius of 500 feet for major streets,
300 feet for secondary streets and 100 feet for residential and neighborhood
feeder streets. These radii are to be measured from the inside curbline.
(15)
Vertical curves. Vertical curves are required for changes in
grade. The rate of change of grade on vertical curves shall be no
more than 4% per 100 feet of road, provided that the clear sight distance
specified in these regulations is maintained at all points on the
road.
(16)
Street cross section. The cross section of the paved surface
of the crown on residential service and neighborhood feeder streets
will be a parabolic curve and shall provide for the six-inch or eight-inch
curb reveal.
(17)
Side slopes. Street cuts and fills shall be provided with side
slopes no steeper than two to one for grade differences more than
five feet and four to one for grade differences less than five feet.
Such slopes shall be suitably planted with perennial grasses or other
vegetation to prevent gullying and erosion.
(18)
Sidewalks. Installation of sidewalks shall be required in areas
zoned residential (R-1; R-2; R-3 and R-4) and commercial (C and NC).
Sidewalk paving shall not be less than four feet in width, except
that the Planning Board may require wider pavement in high-density
areas and in commercial areas. The location of sidewalks shall be
one foot from the property line. Sidewalk specifications shall be
in accordance with the Township's general construction and materials
specifications.
(19)
Shade trees. Not fewer than two new shade trees shall be installed
or two existing trees retained on each lot between the front setback
line and the street right-of-way line and not closer than 25 feet
to any existing or proposed streetlight or street intersections, and
installed so as not to interfere with utilities, roadways or sidewalks.
Trees shall be nursery-grown stock, not less than two-inch caliper
measured one foot from the root system, and planted and staked in
an approved manner. Trees shall be of the following types: sugar maple;
red maple; sophora; copper beech; silver linden; chestnut; London
or Oriental plane; or Norway maple. All trees not surviving after
one growing season shall be replaced by the developer. Other species
may be proposed, in writing, to the Board for its approval. The Board
may provide rules and regulations requiring the subdivider or developer
at his sole expense to retain a qualified forester to report to the
Engineer as to what can be done to save existing trees.
(20)
Material and construction standards; inspections; as-built plans.
Material and construction standards for street improvements, curbs,
sidewalks, storm drainage, sanitary sewer, water, etc., shall conform
to standards and specifications as promulgated by the Township Engineer
and approved by the Township Committee. All installations will be
inspected by the Township Engineer, and bond releases will not be
granted without the inspection and approval of the Township Engineer.
The developer is required to give the Township Engineer 48 hours'
advance notice of any construction, provide access to all installations,
provide the name and telephone number of the responsible person on-site,
supply delivery tickets for materials, provide equipment and manpower
for testing procedures, and provide as-built plans indicating locations
for all subsurface installations.
(21)
Street improvements. Installation of curbs, road paving and storm drainage systems is required. Curbs for residential service and neighborhood feeder streets shall be six inches by eight inches by 18 inches of concrete with a minimum strength of 3,500 pounds per square inch in accordance with Township specifications. Road paving shall be two-inch FABC surface, on a four-inch bituminous stabilized base, on a four-inch gravel or stone subbase. Upon proper soils testing and paving design by the applicant's engineer and review and favorable recommendation by the Township Engineer, the Planning Board may modify the road paving requirements. The top FABC paving course shall be installed not sooner than one year following the installation of the base course, unless a shorter time is approved by the Township Engineer. Before placement of the top paving course, all flaws or defects in the base courses shall be corrected to the satisfaction of the Township Engineer. During this one-year period, all appurtenances such as manhole rims, valves, etc., shall not be more than two inches above the base paving and shall be ramped with bituminous material. No certificates of occupancy shall be issued prior to the installation of all utilities and street improvements up to and including the base course. Inspection of all construction is required in accordance with Subsection C(20), above.
(22)
Storm drainage. Storm drainage collection systems shall be designed using the Rational Method or an approved equal. The minimum design storm frequency shall be based on a storm recurrence of 10 years, and the minimum pipe size shall be 18 inches. In cases where no overload relief or safety swale is provided and flooding conditions will create a situation which dramatically affects the normal functioning of the area, the minimum design storm frequency shall be that which permits normal functioning but allows minor inconvenience. Large streams and recharge basins shall be designed on a minimum storm recurrence of 100 years. The applicant's engineer shall investigate and report the probability and extent of downstream damage that may be caused by the development to determine the need to detain peak drainage flows. Detention basins shall be designed on a minimum storm recurrence of 100 years on developed land with an outflow based on a ten-year undeveloped flow. Inspection of all construction is required in accordance with Subsection C(20). Detention basins, retention sedimentation basins and similar required facilities shall be installed prior to any on-site grading or land disturbance unless otherwise recommended by the Township Engineer and approved by the Planning Board.
(23)
Street signs. Street signs shall be installed at all intersections
in accordance with Township standards.
(24)
Streetlights.
(a)
Streetlights shall be installed by the developer in all residential
subdivisions, provided that this requirement may be waived or modified
by the Planning Board in subdivisions where the density is less than
two dwelling units per net acre, exclusive of streets and other public
or common areas.
(b)
Where streetlights are required, a streetlighting plan and layout,
either prepared by or approved by the public utility rendering the
service, showing proposed location, type of fixture and intensity,
shall be submitted to the Planning Board with preliminary plans for
review and approval.
(c)
In commercial and industrial developments, streetlight location,
type and intensity shall be shown on site development plans.
D.
Utilities.
(1)
Sewer and water facilities. Sanitary sewer facilities and a public
water supply system shall be required in all subdivisions. Before
occupancy, the sanitary facilities of each building shall be ready
for use and connected to a fully completed, approved and functioning
sewer line, and the water system shall be connected to each dwelling.
Materials shall be in accordance with the Township Engineer's specifications.
(2)
Installation. Installation of all sewer, water and other utilities shall be in strict accordance with the engineering standards and specifications of the Township Engineer or other public utility having jurisdiction. Inspection of all construction is required in accordance with Subsection C(20) hereof.
(3)
Manholes. Manholes for sanitary sewers shall be not more than 300
feet apart on straight runs, and there shall be a manhole at every
point of substantial change in course or grade and at intersections
of sewer lines. House service laterals are not permitted to be connected
to a manhole.
(4)
Fire hydrants. Fire hydrants shall be located so that the distance
from any building frontage to a fire hydrant is not more than 500
feet measured along the curb. The Planning Board, acting on the advice
of the Fire Department, may require closer spacing of hydrants.
(5)
Easements. Where common utility lines are installed in or over undedicated
land, a public easement, 7 1/2 feet on each side of the line,
shall be required.
(6)
Valves. Valves shall be installed on each leg of a tee or cross at
intersections, and one shall be installed in front of every hydrant.
A.
Preservation of natural features. Natural features such as live trees,
groves, brooks, hilltops, scenic points, historic landmarks and other
natural community assets 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 the common use of the public by deed, covenants
or agreements which subject such areas to the control of the Township
under conditions recommended by the Planning Board.
B.
Drainage and soils study. In its review of subdivision and site plans,
the Planning Board shall take into account the findings of the West
Deptford Township Drainage and Soils Study, 1974, including any amendment
thereto (prepared by McFarland-Johnson-Gibbons Engineers, Inc., Woodbury,
New Jersey), as it applies to the area of proposed subdivision, and
such other pertinent studies as may be available. Particular attention
shall be directed to the Soils Inventory and Classification to determine
the suitability of the soils for the proposed type of construction
or use, and to the drainage data with a view to eliminating or minimizing
flooding and drainage problems.
C.
Environmental impact statement. An environmental impact statement
shall be submitted to the Planning Board prior to its approval of
any subdivision for construction or use on lands for which an environmental
impact statement is required by the New Jersey Wetlands Act (Type
B permits), or by any other federal, state or local law or requirement
of West Deptford Township, Gloucester County or the State of New Jersey
which requires an environmental impact statement prior to development
of environmentally sensitive areas.
D.
Public area characteristics. Areas set aside for recreational or
school purposes shall be reasonably compact parcels, placed to serve
all parts of the subdivision, with sufficient width and frontage on
a public street to serve the intended purpose, as approved by the
Planning Board, and not excessively irregular in terrain. Any areas
that are set aside for recreation shall be so noted on the plans with
the type of improvements and equipment proposed to be provided by
the subdivider. The subdivider shall be responsible to provide for
the improvements and any equipment that is shown on the plans prior
to dedication to the Township.
E.
Playground space. In subdivisions which provide or are intended to
provide housing facilities for more than 50 families, the Planning
Board shall consider the need for suitable open areas for recreation.
Standards to be used by the Planning Board as guides in determining
space needed for recreation shall be as follows:
|
Families to Be Served
|
Acres of Playground
|
|---|---|
|
50 to 100
|
1.5
|
|
101 to 200
|
2.75
|
|
201 to 400
|
3.25
|
|
401 to 600
|
4.00
|
F.
Soil erosion and sediment control. The approval by the Planning Board
or Township Committee of a subdivision or site plan application which
involves the disturbance of more than 5,000 square feet of land surface
shall be conditioned upon certification by the local Soil Conservation
District that the developer has submitted a plan for soil erosion
and sediment control and that such plan meets the standards established
by the State Soil Conservation Service. Copies of such plan shall
be submitted to the Planning Board, and all improvements included
in said plan or program shall also be included among the improvements
secured by a surety bond or other form of performance guaranty.
[Added 6-7-2001 by Ord.
No. 2001-11]
A.
Findings for planned developments. Prior to approval of a planned
development, the Planning Board shall find facts and conclusions,
as required by N.J.S.A. 40:55D-45.
B.
Common open space shall be provided in accordance with N.J.S.A. 40:55D-43
and shall be established and developed in phases consistent with the
phased development of the residential components of the planned development.
E.
General development plan.
(1)
Definition. "General development plan" means a comprehensive plan
for the development of a planned development.
(2)
Minimum tract size. 100 acres (contiguous or noncontiguous).
(3)
Timing of application. A developer may submit an application to the
Planning Board for approval of a general development plan prior to
the granting of preliminary subdivision or site plan approval of that
development by the Planning Board.
(4)
Public notice of hearing. Public notice of a hearing on an application for general development plan approval shall be required, in accordance with the requirements of § 102-28, Notice requirements for hearings.
(5)
Timing of Planning Board decision. The Planning Board shall grant
or deny general development plan approval within 95 days after submission
of a complete application to the administrative officer, or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
general development plan approval.
(6)
Required contents of the general development plan. The general development
plan shall specify:
(a)
The maximum number of dwelling units permitted in the planned
development;
(b)
The residential density of the planned development;
(c)
The amount of nonresidential floor space in the planned development;
(d)
The nonresidential floor area ratio (FAR) for the planned development;
and
(e)
A schedule for the timing of development of the various sections
of the planned development.
(7)
Term of the effect of the general development plan. The term of the effect of the general development plan approval shall be determined by the Planning Board in consideration of the factors specified in § 143-23E(8) below and shall not exceed 20 years from the date upon which the developer receives final approval from the Planning Board of the first section of the planned development.
(8)
Factors for Planning Board consideration in determining the term
of the effect of the general development plan. The term of the effect
of the general development plan approval shall be determined by the
Planning Board in consideration of the following factors:
(a)
The number of dwelling units or amount of nonresidential floor
area to be constructed;
(b)
Prevailing economic conditions;
(c)
The timing schedule to be followed in completing the development;
(d)
The developer's capability of completing the proposed development;
(e)
The contents of the general development plan; and
(f)
Any conditions which the Planning Board attaches to the approval
of the general development plan.
(9)
Optional components of the general development plan. At the discretion
of the developer, the general development plan may include any of
the elements, as defined at N.J.S.A. 40:55D-45.2.
(10)
Housing plan required. A developer seeking general development
plan approval from the Planning Board for a planned development that
includes low- and moderate-income housing as defined by the Fair Housing
Act, N.J.S.A. 52:27D-301 et seq., shall submit a housing plan as part
of the general development plan. The housing plan shall specify the
number of housing units to be provided and the extent to which the
planned development will fulfill the Township's housing obligation
under the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., as calculated
by the New Jersey Council on Affordable Housing.
(11)
Variations in location of land uses. The developer shall be
required to obtain the prior approval of the Planning Board if, after
approval of the general development plan, the developer wishes to
make any variation in the location of land uses within the planned
development.
(12)
Increases in density or floor area ratio. The developer shall
be required to obtain the prior approval of the Planning Board if,
after approval of the general development plan, the developer wishes
to increase the density of residential development or the floor area
ratio of nonresidential development in any section of the planned
development.
(13)
Amendment or revision of general development plan. Once the Planning Board has approved a general development plan, it may be amended or revised only upon application by the developer approved by the Planning Board, except for allowable reductions within the original approval as authorized by § 143-23E(14) below.
(14)
Allowable reductions within the approved general development
plan. A developer may, without violating any terms of an approved
general development plan, in undertaking any section of the planned
development, reduce the number of residential units or amounts of
nonresidential floor space by no more than 15% or reduce the residential
density or nonresidential floor area ratio by no more than 15%.
(15)
Reduction of low- and moderate-income housing units and/or credits.
A developer of an approved general development plan may not reduce
the number of residential units and/or credits to be provided under
the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., without prior municipal
approval.
(16)
Timetable for initial application for preliminary approval.
The developer of an approved general development plan shall apply
to the Planning Board for preliminary approval for the planned development
or a section of the planned development within five years of the date
upon which the general development plan was approved by the Planning
Board; otherwise, the Township shall have cause to terminate the general
development plan approval.
(17)
Notice of completion of section of development. The developer
shall notify the administrative officer, by certified mail, upon the
completion of each section of the development as set forth in the
approved general development plan. This notice shall serve as evidence
that the developer is fulfilling its obligations under the approved
general development plan. "Completion" shall mean that the developer
has acquired a certificate of occupancy of every residential unit
or every nonresidential structure as set forth in the approved general
development plan.
(18)
Failure of developer to provide notice of completion of section of development. If the Township does not receive notice of the completion of a section of the development, as required by § 143-23E(17) above, the Township shall notify the developer, by certified mail, in order to determine whether the terms of the approved general development plan are being complied with.
(19)
Required completion of section within eight months of timing
schedule. If the developer does not complete any section of the development
within eight months of the date provided for in the approved general
development plan, the Township shall notify the developer, by certified
mail, and the developer shall have 10 days within which to give evidence
that it is fulfilling its obligation under the approved general development
plan.
(20)
Nonfulfillment of obligations by developer. If at any time the
Township has cause to believe that the developer is not fulfilling
its obligations pursuant to the approved general development plan,
the Township shall notify the developer, by certified mail, and the
developer shall have 10 days within which to give evidence that it
is fulfilling its obligations under the approved general development
plan.
(21)
Hearing on failure to comply with timing schedule or nonfulfillment of obligations. After the notice required by § 143-23E(19) and (20) above, the Township shall conduct a hearing to determine whether the developer is in violation of the approved general development plan. If, after such a hearing, the Township finds good cause to terminate the general development approval, it shall provide written notice of termination to the developer and the approval shall be terminated 30 days thereafter.
(22)
Termination of approval upon completion of the development.
In the event that a development which is the subject of an approved
general development plan is completed before the end of the term of
the approval, the approval shall terminate with the completion of
the development. For the purpose of this subsection, a development
shall be considered complete on the date upon which a certificate
of occupancy has been issued for the final residential or nonresidential
structure in the last section of the development in accordance with
the timing schedule set forth in the approved general development
plan and the developer has fulfilled all of its obligations pursuant
to the approval.
[Added 12-1-2021 by Ord.
No. 2021-17]
A.
Site protection and planting requirements.
(1)
General requirements.
(a)
Only nursery-grown plant material will be acceptable, unless
a "tree spade," commercial tree-moving equipment, is used.
(b)
At street intersections, no planting shall be done that will
interfere with traffic safety and proper distances.
(c)
Plant species should not be of an exotic variety requiring substantial
maintenance or be materially affected by pollution, salt damage along
highways or current insect manifestations.
(d)
All areas with a slope of 33% or greater must be planted with
ground cover to stabilize the slope.
(e)
Utility boxes must be screened where they appear at ground level.
(f)
The grade of land located within six feet of an existing tree
that will remain on the site after construction shall not be raised
or lowered more than six inches unless compensated by welling or retaining
wall methods.
(g)
For existing trees that will remain on the site after construction,
no vehicular equipment is to be driven within six feet of such trees,
and no building materials may be stacked or stored within the dripline
of such trees.
(h)
During construction, no trees are to support any scaffolding,
signs, temporary utility or other devices.
(i)
Replacement of all new trees and shrubs which fail to survive
shall be made at the next planting season.
(j)
Consideration will be given to the height and width of plants
at maturity to prevent crowding and shading as the plants grow; the
existing natural trees remaining in the area under construction shall
be pruned to remove dead and deceased limbs, trees, offensive vines
and undergrowth.
(k)
New trees shall be located such that at maturity they will not
interfere with any existing or proposed light fixtures, pole or wall-mounted,
nor block the illumination as intended.
(2)
Except as expressly provided otherwise in the regulations requiring
a perimeter landscaped open space, such open space shall extend along
the entire length of the lot line in question and shall have a width
equal to 15 feet or the depth or the width of the yard required along
the lot line in question, whichever is greater. Perimeter landscaped
open space shall be broken only by required accessways. Such perimeter
landscaped space shall be suitably surfaced with grass, ground cover
or decorative paving material or a combination thereof; shall contain
landscaping such as ornamental trees and shrubs or appropriate screening
devices, such as decorative walls, fences or berms, or a combination
thereof, sufficient to create a permanent screen not less than eight
feet in height. Not more than 30% of such screen shall consist of
walls or fences. The space shall be so designed and maintained as
to preserve unobstructive vision of the street and sidewalk at points
of access. Where a perimeter landscaped space is required, a landscaping
plan shall be submitted for review.
(3)
Topsoil preservation. Topsoil moved during the course of construction
shall be redistributed on all regarded surfaces so as to provide at
least six inches of even cover to all distributed areas of the development
and shall be stabilized by seeding or planting.
(4)
Removal of debris. All stumps and other tree parts, litter, brush,
weeds, excess or scrap building materials, or other debris shall be
removed from the site and disposed of in accordance with the law.
No tree stumps, portion of tree trunks or limbs shall be buried anywhere
in the development. All dead or dying trees, standing or fallen, shall
be removed from the site. If trees and limbs are reduced to chips
they may, subject to approval of the municipal engineer, be used as
mulch in the landscaped areas.
(5)
Protection of existing plantings. Maximum effort should be made to
save fine specimens (because of size or relative rarity). No material
or temporary soil deposits shall be placed within four feet of shrubs,
or 10 feet of trees designated to be retained on the preliminary and/or
final plan. Protective barriers or tree wells shall be installed around
each plant and/or group of plants that are to remain on the site.
Barriers shall not be supported by the plants they are protecting
but shall be self-supporting. They shall be a minimum of four feet
high and constructed of a durable material that will last until construction
is completed. Snow fences and silt fences are examples of acceptable
barriers.
(6)
Slope plantings. Landscaping of the area of all cuts and fills and/or
terraces shall be sufficient to prevent erosion, and all roadway slopes
steeper than one foot vertically to three feet horizontally shall
be planted with ground covers appropriate for the purpose and soil
conditions, water availability and environment.
(7)
Additional landscaping. In residential developments, besides the
screening and street trees required, additional plantings or landscaping
elements shall be required throughout the subdivision where necessary
for climate control, privacy, or for aesthetic reasons in accordance
with a planting plan approved by the approving authority and taking
into consideration cost constraints. In nonresidential developments,
all areas of the site not occupied by buildings and required improvements
shall be landscaped by the planting of grass or other ground cover,
shrubs, and trees as part of the site plan approved by the approving
authority.
(8)
Planting specifications. Deciduous trees shall have at least a three-inch
caliper at planting. Size of evergreens and shrubs shall be allowed
to vary depending on setting and type of shrub. Only nursery-grown
plant materials shall be acceptable; and all trees, shrubs, and ground
covers shall be planted according to accepted horticultural standards.
Dead or dying plants shall be replaced by the developer during the
following planting season.
(9)
Plant species. The plant species selected should be hardy for the
particular climatic zone in which the development is located and appropriate
in terms of function and size. Street trees may be selected by referring
to guidelines that may be adopted by the approving authority by resolution.
B.
Tree protection. The purpose of this section is to establish protective
regulations for trees within the Township of West Deptford in order
to control problems of flooding, soil erosion, air and noise pollution;
to protect the public health, safety, and welfare of the citizenry
of the Township; and to promote quality development in the Township.
The intent of this section is to encourage the protection of the greatest
number of trees and of large specimen trees throughout the Township.
The following standards should be utilized:
C.
The provision of landscaping, in accordance with this chapter, shall
be a condition of minor and major site plan approval.
D.
This section shall apply solely to minor and major site plan applications.
E.
Landscape plan requirements. A landscape plan as required by this
section, prepared by a professional licensed by the State of New Jersey
and authorized by law to prepare landscape plans, shall be submitted
with each site plan application. The plan shall identify existing
and proposed trees, shrubs, ground cover, natural features such as
rock outcroppings, and other landscaping elements. The plans should
show where they are or will be located and planting and/or construction
details. When existing natural growth is proposed to remain, the applicant
shall include in the plans the proposed methods to protect existing
trees and growth during and after construction.
(1)
A tree protection management plan shall be submitted at the time
of site plan or subdivision application, pursuant to this chapter,
if there are one or more live trees proposed to be cut or removed
from the property. Such plan shall contain the following information
on a plot plan:
(a)
Location of all existing or proposed buildings, driveways, grading,
septic fields, easements, underground utility lines, rights-of-way,
and other improvements.
(b)
Location of existing natural features, including wooded areas,
watercourses, wetlands, and floodplains.
(c)
Location of all existing live trees, with trunk diameters eight
inches or greater, measured 4 1/2 feet above ground level. Each
tree shall be noted by its species, size, and general health condition.
Whenever possible, the actual canopy spread shall be shown and, if
it must be estimated, shall equal 1 1/2 feet of diameter per
one inch of trunk diameter. If the trees to be preserved are part
of the wooded area, only the outermost canopy line need be shown,
unless disturbance is proposed, then individual trees located within
50 feet of the proposed edge of the woodland shall be shown.
(d)
Each tree, or mass of trees, to be removed or transplanted shall
be clearly marked.
(e)
A chart tabulating the diameter inches being removed, the required
compensatory trees.
(f)
Specifications for the removal of existing trees and for the
protection of existing trees to be preserved, including detail(s)
of the tree-protection fencing, as required.
(2)
Specifications for the removal of existing trees and for the protection
of existing trees to be preserved, including detail(s) of the tree-protection
fencing, as required.
(a)
At a scale of one inch equals 50 feet for a tract up to 40 acres
in size, one inch equals 100 feet for a tract between 40 and 150 acres,
and one inch equals 200 feet for a tract 150 acres or more.
(b)
North arrow, date, scale, name of applicant and those who prepared
the plan.
(c)
The block(s) and lot(s) of the proposed development site and
properties within a 200-foot radius, as well as the "commonly known
as" and/or street address of the proposed project.
(d)
The property lines, bearings and dimensions of the site, including
setback requirements.
(e)
The location of buildings, parking areas, and landscaping on
adjacent sites.
(f)
All existing and proposed streets, lanes, driveways, and vehicular
entrances within a 200-foot radius of the proposed development.
(g)
Parking lots and curbing, with parking spaces clearly delineated
and the total number of parking spaces noted; notification for required
barrier-free spaces, with signage and painted stripes on the parking
surface, and similar delineation of unloading areas on the parking
surface at building entrances, where applicable.
(h)
Surrounding amenities, including sidewalks, street furniture,
decorative fountains, water fountains, public trash cans and light
sources (poles, ground fixtures, building-mounted light fixtures and
any other sources).
(i)
Overhead, surface and underground utilities, and limits of easement.
(j)
The size, height, location and arrangement of all existing and
proposed buildings/structures.
(k)
Building entrances, porches, decks, steps, walkways, hard-landscaping
features, lighting, fencing, recreational facilities and garbage collection
areas.
(l)
Existing and proposed contour lines at two-foot intervals inside
the tract and within 200 feet of any paved portion of the tract, with
arrows indicating direction for site drainage.
(m)
The location of existing and proposed trees, shrubbery, ground
cover, perennials, annuals, seeded and/or sodded areas, mulch, and
other soft landscaping elements shall be illustrated on the plan.
All plantings shall be differentiated between existing and proposed
and labeled or abbreviated by their common or botanical names. Sizes
shall be specified and graphically illustrated by the spread or canopy.
Trees to be removed or relocated by the proposed construction with
a caliper greater than four inches shall be identified.
(n)
A corresponding landscaping schedule, list, or key of proposed
landscaping, identifying species by common and botanical names, quantity,
size (caliper, height, and can), and the method of planting.
(o)
The method of irrigation, including the size and location of
the water supply, sprinkler heads and underground pipes.
(p)
Existing and/or proposed fire hydrants.
F.
The landscape plan as required by this section shall be reviewed
and approved by the approving authority as a condition of minor and
major site plan approval.
G.
Plant material and specifications. The following specifications shall
apply to all proposed plant material:
(1)
Plant material shall be of a species native to the West Deptford
Township region and shall be of a nursery stock, free of insects and
disease.
(2)
All plant materials shall meet the horticultural standards of the
most current edition of the Guide Specifications for Nursery Stock,
produced by the American Society of Horticultural Science (ASHS).
(3)
The proportion of deciduous to coniferous trees shall be approximately
50:50.
(5)
For street trees, at least two species will be specified that are
not sensitive to the same diseases or unexpected climatic changes.
(9)
Landscape areas other than grass shall be covered with at least two
inches of mulch to minimize evaporation.
H.
Shade trees. Shade trees shall be installed on both sides of all
streets subject to the approval of the approving authority.
(1)
Shade trees shall be installed as follows:
(a)
All of the required deciduous trees shall be a minimum of three-inch
caliper and shall have a clear height to the lowest branch of not
less than six feet.
(2)
The location, variety of tree species, and method of installation
shall be approved by the approving authority.
(3)
Number and spacing of trees.
I.
Prohibited evergreens in buffer areas.
(1)
Abies pinsapo (Spanish fir).
(2)
Araucaria araucana and A. heterophylla (monkey puzzle and Norfolk
Island pine).
(3)
Cedrus atlantica and C. libani (Atlas cedar and cedar of Lebanon).
(4)
Cryptomeria japonica Lobbii (Lobb's Japanese cedar).
(5)
Cunninghamia lanceolata (Chinese fir).
(6)
Ginkgo biloba (maidenhair tree), except from nursery stock.
(7)
Larix decidua (European larch).
(8)
Larix kaempferi and L. leptolepis (Japanese larch).
(9)
Pinus wallichiana (Himalayan pine), P. parviflora (Japanese white
pine), P. peuce (Macedonian pine), P. ponderosa (Ponderosa pine) and
P. thunbergii (Japanese black pine).
(10)
Taxodium distichum (common bald cypress), except for wet areas.
(11)
Torreya nucifera (Japanese torreya).
J.
Prohibited trees along streets.
(1)
Juglans, all species (walnut).
(2)
Kalopanax pictus (castor aralia).
(3)
Liquidambar styraciflua (sweetgum).
(4)
Maclura pomifera (osage orange).
(5)
Malus, all species (crabapple).
(6)
Salix, all species (weeping willow).
(7)
Silver maple.
(8)
All trees with thorns, such as Aralia elata (Japanese angelica),
the Crataegus species (hawthorn) and Gleditsia triacanthos (common
honey locust).
K.
Staking.
(1)
All stakes are to be driven outside the root ball.
(2)
Stakes shall be hardwood, and a minimum of two stakes shall be used
per tree.
(3)
Stakes, when driven, must be one-half to two-thirds the height of
the tree measured from ground level.
(4)
Stakes shall be a minimum of two inches in diameter at the thick
end.
(5)
Stakes shall be attached to the tree with 12-gauge galvanized wire
covered with rubber or plastic hose where wire is likely to come in
contact with the tree trunk. An alternative may be any of the commercially
available materials designed for staking trees with the approval of
the approving authority. The loop in contact with the tree shall be
loose enough to permit growth and prevent grinding for two years but
shall be tightly bound to the stake to prevent slipping.
(6)
Stakes shall remain in place at least two years and shall be removed
by the developer at that time.
L.
Compensatory planting.
(1)
In the event that preservation of existing trees is impossible and/or
relocation of improvements impractical, then compensatory planting
shall be required for each live tree and each specimen tree anywhere
on the site.
(2)
Trunk diameters shall be measured according to the following guidelines:
(a)
For single-trunked shade trees, at a point 4 1/2 feet above
ground level.
(b)
For single-trunked ornamental trees, at a point 12 inches above
ground level.
(c)
For evergreen trees, at a point 12 inches above ground level.
(d)
For multitrunked trees that branch between one foot and 4 1/2
feet above ground level, at a point just below the split.
(e)
For multitrunked trees that branch below one foot above grade,
the diameter shall be 60% of the sum of all trunks measured at a point
4 1/2 feet above ground level.
(3)
Compensatory trees shall be provided in the following ratios. These
standards are applicable to both deciduous and evergreen trees. Compensation
is not required for shrubs, unless otherwise required by the approving
authority.
(a)
For trees eight inches to 17 inches in diameter, one new tree
shall be provided for each existing tree cut or removed (1:1).
(b)
For trees 18 inches to 30 inches in diameter, two new trees
shall be provided for each existing tree cut or removed (2:1).
(c)
For trees 31 inches in diameter or greater, three new trees
shall be provided for each existing tree out or removed (3:1).
(d)
For existing street, one tree shall be replanted in the street
tree planting strip.
(4)
Compensatory trees shall be three inches to 3 1/2 inches in
caliper. Evergreen and ornamental trees may be substituted at a ratio
of two to one shade trees, for up to 50% of the requirement. Alternative
types of compensatory plantings may be permitted when approved by
the Board.
(5)
Locations of compensatory trees must be clearly labeled on the landscape
plan. They may be placed anywhere on the site, but they are in addition
to other required trees.
(6)
In the event that the approving authority determines that the applicant
has proven that constraints incident to the land itself (including,
without limitation, extreme topography, unsuitable soils, rock outcrops
and existing dense canopy) render it impractical to provide the required
number of compensatory trees, then, at the election of the approving
authority as a condition of approval, the applicant shall:
(a)
Install a portion of the required compensatory trees on other
public lands within the Township; and/or
(b)
Contribute to the Township's Tree Trust Fund the estimated
cost of those trees which cannot practically be installed on the property
for later installation of trees on public lands; and/or
(c)
Install fewer, however, larger or more valuable compensatory
trees on the lot with an aggregate cost as installed and guaranteed
not less than the estimated aggregate cost of the required number
of compensatory trees.
(7)
Compensatory
planting species shall be approved by the approving authority at the
time of site plan approval.
