[Ord. #1985-8, A I]
This Chapter shall be known and may be cited as: The Land Subdivision
Ordinance of the Township of Tabernacle.
[Ord. #1985-8, A II]
The purpose of this Chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Township in order to
promote the public health, safety, convenience and general welfare
of the Township. It shall be administered to insure the orderly growth
and development, the conservation, protection, and proper use of land
and adequate provision for circulation, utilities and services. This
Chapter shall also serve to implement the requirements of the Pinelands
Comprehensive Management Plan.
[Ord. #1985-8, A III]
The provisions of this Chapter shall be administered by the
Township of Tabernacle Planning Board in accordance with Chapter 291
of the Laws of 1975 and amendments and supplements thereto, and approval
of all subdivisions by resolution of such Board is required as a condition
for filing such plats with the County Clerk or issuance of a permit
for a development.
[Ord. #1985-8, A IV; Ord. #1989-3, § 13]
a.
APPROVAL AGENCY
CERTIFICATE OF FILING
CHANNEL
COMMISSION
COMPLETE APPLICATION
COMPREHENSIVE MANAGEMENT PLAN
DESIGN FLOOD
DEVELOPMENT APPROVAL
DRAINAGE RIGHT-OF-WAY
EXEMPT SUBDIVISION
FLOOD HAZARD AREA
FLOODPLAIN
FLOODWAY
MAJOR SITE PLAN
MAJOR SUBDIVISION
MINOR SITE PLAN
MINOR SUBDIVISION
NUMBER OF LOTS
PUBLIC DEVELOPMENT
RIPARIAN YARD
SKETCH PLAT
STREET
1.
2.
3.
4.
5.
6.
Except as follows, words and phrases used in this Chapter shall have
the meaning defined in Chapter 291 of the Laws of 1975, with amendments
and supplements, herein called the "Act" (R.S. 40:55D-1 et seq.):
Shall mean any board, body or other authority within the
Township with authority to approve or disapprove subdivisions, site
plans, construction permits, zoning permits, building permits or other
applications for development approval.
Shall mean a Certificate issued by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.34 and 4.82 that a complete application
for major development has been filed.
Shall mean the bed and banks of a river, stream, brook or
spring which convey water most of the time.
Shall mean the Pinelands Commission created pursuant to Section
5 of the Pinelands Protection Act.
Shall mean as defined in Section 16-16.
Shall mean the plan adopted by the Commission pursuant to
Section 7 of the Pinelands Protection Act, as amended.
Shall mean the relative size of magnitude of a major flood
of reasonable expectancy, which reflects both flood experience and
flood potential and is the basis of the delineation of the floodway
and the flood hazard area and of the water surface elevations.
Shall mean any approval granted by an approval agency, including
appeals to the governing body, except certificates of occupancy and
variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise
include issuance of a construction permit, subdivision or site plan
approval.
Shall mean the lands required for the installation of storm water sewers of drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes. The lands located within such rights-of-way shall not be included in the calculation of any required lot area. Swales which are provided for on-site drainage are not to be considered drainage right-of-way.
Shall mean lots that are exempt from the subdivision approval
requirements of this Chapter in accordance with the provisions of
N.J.S.A. 40:55D-7 (the definition of subdivision) shall be presented
to the Planning Board for their records with the requisite proof that
they are entitled to exemption from the subdivision process. Prior
to presenting such proof to the Planning Board, no person shall transfer,
sell or agree to transfer or sell, as owner or agent, any land which
ordinarily would require subdivision approval were it not exempt.
No structure shall be built on any lands so recognized as exempt from
the subdivision regulation of this Chapter until the parcel of ground
involved and proposed construction has been reviewed under the Design
Standards for Improvements of this Chapter and received Planning Board
approval. This section shall not be construed to prohibit the construction
of buildings and structures other than dwelling units, to be used
for agricultural purposes on parcels transferred for agricultural
purposes only.
Shall mean the floodway and additional portions of the floodplain
that are subject to flood flow at lesser depths and lower velocities
than the floodway, that are inundated by the design flood. The lands
located within such rights-of-way shall not be included in the calculation
of any required lot area.
Shall mean a relatively flat area adjoining a channel which
has been or may be hereafter covered by flood water from the channel.
The lands located within such rights-of-way shall not be included
in the calculation of any required lot area.
Shall mean the channel of watercourse and portions of the
adjacent floodplain that carry the greater part of the flood flow
at greater depths and velocities than do other parts of the floodplain,
that constitute the minimum area required for the passage of flood
waters without aggravating flood conditions upstream and downstream,
that are necessary to preserve the natural regimen for the river or
stream for the reasonable passage of the design flood.
Shall mean all site plans not meeting the definition of minor
site plan or applicable for site plan waiver.
Shall mean any subdivision other than that defined as a minor
subdivision.
Shall mean: as defined in Section 16-14, Site Plan Review.
Shall mean any subdivision containing not more than three
lots fronting on an existing minor street, nor involving any new street
or road or the extension of off-tract improvements/and not adversely
affecting the development of the remainder of the parcel or adjoining
property and not in conflict with any provision or portion of the
Master Plan, Official Map, Zoning Ordinance or this Chapter. Any rearrangement
of lot lines which does not increase the number of building lots and/or
which creates parcels which are to be consolidated with existing lots,
shall be classified as a "minor subdivision," provided that it meets
the applicable criteria set forth in other parts of this definition,
and provided further that either a deed of consolidation or a filed
plat indicating such consolidation is presented and recorded.
This definition is affected by the definition of "number
of lots" as defined in this section.
Shall mean any ordinance provisions calling for the construction
or interpretation of the number of lots, whether for the purpose of
classification of a major or minor subdivision or for any other purpose
under this Chapter, shall be interpreted as being cumulative in that
prior subdivisions of the base tract, lot, parcel, tax map lot or
other affected piece of ground shall be construed to mean the 10 years
immediately preceding the date of application. The purpose of this
provision is to avoid creeping minor syndrome resulting in strip development
which the municipality finds should be discouraged.
Shall mean development, including subdivision, by any Township
or other governmental agency.
Shall mean the watercourse, the flood hazard area and a contiguous
area that buffers the watercourse or the floodplain from abnormal
fluctuations in discharge and burdens of foreign substances which
could arise from careless development.
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and meeting the requirements of Section 16-6 of this Chapter.
Shall mean and include as defined by the Act plus:
Controlled access highways are those that are used by heavy
through traffic and which permit no access from abutting property.
Arterial Streets are those which are used primarily for fast
or heavy traffic.
Major Thoroughfares are those which are used primarily for heavy
local and through traffic.
Minor Streets are those which are used primarily for access
to the abutting properties.
Collector Streets, also known as secondary streets, and used
primarily for access to the abutting properties are those which carry
traffic between streets of a residential development and streets for
circulation within such a development.
Marginal Service Streets are those which are parallel or adjacent
to controlled access highways or major thoroughfares; and which provide
access to abutting properties and protection from through traffic.
b.
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
Definitions Pertaining to the Pinelands Comprehensive Management
Act. The following two definitions are exclusively definitions used
for interpretation of the Pinelands Comprehensive Management Plan.
They are not to be confused with the definitions for major subdivision,
minor subdivision, major site plan, or minor site plan which are Municipal
Land Use Law definitions and which determine the procedure used by
the Board in reviewing various applications.
Shall mean any division of land into five or more lots; any
construction or expansion of any housing development of five or more
dwelling units; any construction or expansion of any commercial or
industrial use or structure on a site of more than three acres; or
any grading, clearing or disturbance of an area in excess of 5,000
square feet.
Shall mean all development other than major development.
[Ord. #1985-8, A V, § 1; Ord. #1989-3, § 14;
Ord. #1997-9, §§ 2, 3; Ord. No. 2018-05 § 2]
a.
No person shall carry out any developments within Tabernacle Township
without obtaining approval from an approval agency and without obtaining
development approval in accordance with the procedures set forth in
this section.
b.
Except as provided in paragraph c below, the following shall not
be subject to the procedures set forth in this Article:
1.
The improvement, expansion, or reconstruction within five years of
destruction or demolition, of any single family dwelling unit or appurtenance
thereto;
2.
The improvement, expansion, construction, or reconstruction of any
structure accessory to a single family dwelling;
3.
The improvement, expansion, construction or reconstruction of any
structure used exclusively for agricultural or horticultural purposes;
4.
The construction, repair, or removal of any sign, except for the
construction or replacement of any off-site commercial advertising
sign;
5.
The repair of existing utility distribution lines.
6.
The clearing of less than 1,500 square feet of land;
7.
The construction of any addition or accessory structure for any non-residential
use or any multi-family residential structure provided that:
(a)
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
[Ord. No. 2018-05 § 2]
8.
The demolition of any structure that is less than 50 years old.
9.
The installation of utility distribution lines, except for sewage
lines, to serve areas which are effectively developed or development
which has received all necessary approvals and permits;
10.
The repair or replacement of any existing on-site waste water disposal
system;
11.
The repaving of existing paved roads and other paved surfaces, provided
no increase in the paved width or area of said roads and surfaces
will occur.
[Ord. No. 2018-05 § 2]
12.
The clearing of land solely for agricultural or horticultural purposes.
[Ord. No. 2018-05 § 2]
13.
Fences, provided no more than one thousand five hundred (1,500.00)
square feet of land is to be cleared;
14.
Above-ground telephone equipment cabinets;
15.
Tree pruning;
16.
The following forestry activities:
(a)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
(c)
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(d)
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year;
17.
Prescribed burning and the clearing and maintaining of fire breaks;
or
19.
The installation of an accessory solar energy facility on any existing
structure or impervious surface.
[Ord. No. 2018-05 § 2]
20.
The installation of a local communications facilities antenna on
an existing communications or other suitable structure, provided such
antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Ord. No. 2018-05 § 2]
21.
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Ord. No. 2018-05 § 2]
22.
The change of one nonresidential use to another nonresidential use,
provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Ord. No. 2018-05 § 2]
c.
The exceptions contained in paragraph b above shall not apply to
any historic resources designated by the Pinelands Commission pursuant
to N.J.A.C. 7:50-6.154.
d.
Nothing herein shall preclude any local or State agency from reviewing,
in accordance with the provisions of any applicable ordinance or regulation,
any proposed development which does not require an application to
the Pinelands Commission pursuant to this section.
[Ord. #1985-8, A V, § 2; Ord. #1989-3, § 14]
a.
Prior to an application for minor development being deemed complete,
the applicant shall provide evidence that a duplicate copy of the
application for minor development has been duly filed with the Pinelands
Commission.
b.
Any application for approval of minor development shall include at
least the following information:
1.
The applicant's name and address and his interest in the subject
property;
2.
The owner's name and address, if different from the applicant's
and the owner's signed consent to the filing of the application;
3.
The legal description, including block and lot designation and street
address, if any, of the subject property;
4.
A description of all existing uses of the subject property;
5.
A brief written statement generally describing the proposed development;
6.
A USGS Quadrangle map, or copy thereof, and a copy of the Municipal
Tax Map Sheet on which the boundaries of the subject property and
the Pinelands management area designation and the zoning designation
are shown;
7.
A plat or plan showing the location of all boundaries of the subject
property, the location of all proposed development, and existing or
proposed facilities to provide water for the use and consumption of
occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed sanitary facilities:
(a)
On-Site Treatment Facilities: Location, size, type and capacity
of any proposed on-site wastewater treatment facilities; and
(b)
Soil Borings and Percolation Tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Article II of Chapter 17;
8.
A location map, including the area extending at least three hundred
(300') feet beyond each boundary of the subject property, showing
ownership boundary lines, the boundary of the proposed development,
owners of holdings adjoining and adjacent to the subject property,
existing facilities, buildings and structures on the site, all proposed
development, wetlands, streams (including intermittent streams), rivers,
lakes and other water bodies and existing roads;
9.
A soils maps including a County soils survey which conforms to the
guidelines of the United States Department of Agriculture Soil Conservation
Service, showing the location of all proposed development;
10.
A map showing existing vegetation, identifying predominant vegetation
types in the area, and showing proposed landscaping of the subject
property, including the location of the tree line before and after
development and all areas to be disturbed as a result of the proposed
development;
11.
A certificate of filing from the Pinelands Commission issued pursuant
to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior
approval from the Pinelands Development Review Board or the Pinelands
Commission pursuant to the Interim Rules and Regulations; and
[Ord. #1985-8, A V, § 3; Ord. #1989-3, § 14]
All applications for major development, other than forestry
and resource extraction operations, shall be accompanied by the information
required in N.J.A.C. 4.2(b)5, as well as the following:
a.
A certificate of filing from the Pinelands Commission issued pursuant
to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior
approval from the Pinelands Development Review Board or the Pinelands
Commission pursuant to the Interim Rules and Regulations; and
[Ord. #1985-8, A V, § 4; Ord. #1989-3, § 14; Ord. No. 2018-5 § 3]
a.
Application Submission and Modifications. Written notification shall
be given by the Township, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or if a determination is made by the Township approval
agency that the application has been modified. Said notice shall contain:
1.
The name and address of the applicant;
2.
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
3.
A brief description of the proposed development, including uses and
intensity of uses proposed;
4.
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
5.
The date on which the application, or any change thereto, was filed
and any application number or other identifying number assigned to
the application by the approval agency;
6.
The approval agency with which the application or change thereto
was filed;
7.
The content of any change made to the application since it was filed
with the Commission, including a copy of any revised plans or reports;
and
8.
The nature of the municipal approval or approvals being sought.
b.
Hearings. Where a meeting, hearing or other formal proceeding on
an application for development approval in the Pinelands Area is required,
the applicant shall provide notice to the Pinelands Commission by
email, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
1.
The name and address of the applicant;
2.
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
3.
The date, time and location of the meeting, hearing or other formal
proceeding;
4.
The name of the approval agency or representative thereof that will
be conducting the meeting, hearing or other formal proceeding;
5.
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission; and
6.
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
c.
Notice of Approvals or Denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction, of any approval
agency or an appeal of any agency's decision. The applicant shall
within five days of the approval or denial give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
1.
The name and address of the applicant;
2.
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
3.
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
4.
The date on which the approval or denial was issued by the approval
agency;
5.
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission;
6.
Any revisions to the application not previously submitted to the
Commission; and
7.
A copy of the resolution, permit, or other documentation of the approval
or denial. If the application was approved, a copy of any preliminary
or final plan, plot or similar document that was approved shall also
be submitted.
[Ord. #1985-8, A V, § 5; Ord. #1989-3, § 14]
Upon receipt by the Pinelands Commission of the notice of approval pursuant to subsection 16-5.4b above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through 4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed. Pursuant to N.J.A.C. 7:50-4.1(b) and until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the Interim Rules and Regulations shall serve as the basis for Pinelands Commission review of local approval under this section.
Although the Pinelands Commission shall be notified of all denials,
no such denial actions are subject to further review and action by
the Pinelands Commission.
[Ord. #1985-8, A V, § 6; Ord. #1989-3, § 14]
Where a prior approval has been granted by the Township, no
subsequent approval of an application for development approval shall
be obtained until one of the following is satisfied:
a.
Notification is received from the Pinelands Commission that review
of the Township's approval is not required; or
b.
Review of the Township's approval has been completed pursuant
to N.J.A.C. 7:50-4.37 through 4.42 and a Final Order regarding the
approval is received by the Township from the Pinelands Commission.
[Ord. #1985-8, A V, § 7; Ord. #1989-3, § 14]
If the Pinelands Commission disapproves an application for development
previously approved by an approval agency, such approval shall be
revoked within 30 days of the Commission's action by the approval
agency and the agency shall thereafter deny approval of the application.
If the Commission approves the decision of an approval agency subject
to conditions, the approval agency which had previously approved the
application shall, within 30 days, modify its approval to include
all conditions imposed by the Commission; and if final approval of
the application is required, shall grant final approval only if the
application for approval demonstrates that the conditions specified
by the Commission have been met by the applicant.
[Ord. #1985-8, A V, § 8; Ord. #1989-3, § 14]
The Pinelands Commission may participate in a hearing held in
the Township involving the development of land pursuant to N.J.A.C.
7:50-4.36.
[Ord. #1989-3, § 14; Ord. #2001-4, § 2]
No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the Township approval agency with the evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands Development Credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands Development Credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to sub-section 16-5.4 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Ord. #1983-8, A V, § 9; Ord. #1989-3, § 14]
[Ord. #1985-8, A V, § 10; Ord. #1989-3, § 14]
In amending this Chapter, the Township's master plan, or
any other ordinance regulating the use of land, the Township shall
comply with all the requirements of N.J.A.C. 7:50-3.45.
[Ord. #1985-8, A VI, § 1]
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 an
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.
[Ord. #1985-8, A VI, § 2]
In the event that the developer desires review of an application
for development by the professional staff of the Township, the developer
may submit a sketch plat to the Planning Board who shall forward it
to their professionals. The plan shall be of sufficient detail to
enable the professional designated to make the review required. No
fee shall be required for such submission but the applicant shall
be bound by the escrow provisions such as are required for minor subdivisions.
Neither the developer, the Township, the Planning Board or the Township
professionals shall be bound by any such review with the exception
that any design requirements shall be as close as possible to the
approved sketch plat and shall be changed by the municipality only
for environmental or engineering considerations or conflict with other
laws, not considered at the time of sketch plat review or because
of changes in the plan submitted by the developer, or matters brought
before the reviewing authority as a result of the public hearing.
[Ord. #1985-8, A VII, § 1]
a.
If a proposed subdivision meets with the requirements of a minor
subdivision as defined by this Chapter, it is the intent of this Chapter
that these subdivisions be exempted from the procedural requirements
of the major subdivision.
[Ord. #1985-8, A VII, § 2]
a.
Any owner of land within Tabernacle Township shall prior to subdividing
and resubdividing land defined or classified as a minor subdivision
submit 12 prints of the plat of the proposed minor subdivision to
the Administrative Officer of the Planning Board together with the
other requisite elements for a complete application at or prior to
the work session before the next regular meeting of the Planning Board
at which the applicant wishes to be heard. The Administrative Office
of the Board shall then immediately forward copies of the plan to
the appropriate municipal officials as designated by the Planning
Board. An original and the required number of copies shall be transmitted
to the Burlington County Planning Board by the owner for consideration
and report, which shall be submitted to the secretary of the Planning
Board.
b.
At the next regular meeting, the Planning Board, may take final action
on the plan or take the application under advisement but approval
shall be granted or denied within 45 days of the date of submission
of a complete application to the Administrative Officer or within
such further time as may be consented to by the applicant.
c.
The Planning Board Solicitor and Engineer shall submit their reports
to the Planning Board at the regular meeting next following their
receipt of a copy of the plan, providing that a reasonable time has
been given to these officials to review the plan.
d.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968, C. 285 (C. 40:27-6.3),
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 therein within the required time period.
e.
The Planning Board may, in appropriate cases, require the installation
of such off-site, on-site, off-tract and on-tract improvements and
design standards as necessary to protect the health, welfare and safety
of the citizens of the Township. The owners shall have the option
of installing such improvements or filing a performance guarantee,
approved by the Township Solicitor, covering the costs of such improvements.
No final approval shall be granted, nor shall any plan be signed,
until either such improvements have been properly installed or the
appropriate guarantees filed, as the case may be.
f.
The applicant shall file a signed plan of such minor subdivision,
in acceptable form, after approval with the Burlington County Planning
Board.
g.
The Secretary of the Planning Board shall then forward a properly
signed copy of the plan to the Township Clerk, Township Engineer,
Building Inspector, Tax Assessor and Tax Collector, and also file
the original and one copy of the plan in the Planning Board file for
the particular application concerned.
h.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period a plat in conformity
with approval granted by the Planning Board and the provisions of
the "Map Filing Law", P.L. 1960 C. 141 (.46:23-99, et seq.), or a
deed clearly describing the approved minor subdivision is filed by
the applicant with the Clerk of Burlington County, the Township Engineer
and the Township Tax Assessor. Any such plat or deed shall be signed
by the chairman and secretary of the Planning Board prior to filing.
[Ord. #1985-8, A VII, § 3]
No approval granted under this section shall take effect and no development shall be carried out until the provisions of Section 16-5 concerning Pinelands Commission notification and review have been satisfied.
[Ord. #1985-8, A VIII, § 1]
The plat submitted by an applicant for a minor subdivision approval
shall contain the following information:
a.
A key map showing the entire subdivision and its relation to surrounding
areas, preferably at a scale of not less than four hundred (400')
feet to the inch. The key map shall show not less than the following
information: The location of the proposed subdivision to the nearest
major arterial streets on all sides of the proposed subdivision. This
information shall be obtained from the tax map of the Township, and
the location of all streams within five hundred (500') feet of
the tract or proposed subdivision.
The plan shall conform to one of the following sizes: eight
and one-half by thirteen (8 1/2" x 13") inches, fifteen by twenty-one
(15" x 21") inches; twenty-four by thirty-six (24" x 36") inches or
thirty by forty-two (30" x 42") inches.
b.
Certification of an engineer or licensed land surveyor as to accuracy
of the details of the plat.
c.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
d.
All easements, private and public.
e.
Existing zoning.
f.
The names of the owners of adjoining lots, tax map block and lot
numbers as disclosed by the most recent tax records.
h.
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 and the purpose thereof, all lot lines with accurate
dimensions, bearings or deflections, angles, radii, arc and central
angles of all curves.
i.
Minimum front, side and rear building setback lines for each lot
and on all other sites in the proposed subdivision.
j.
Location of all existing monuments.
k.
All streets or roads proposed, mapped or built within five hundred
(500') feet of the subdivision.
l.
All lots being subdivided together with the boundary and acreage
of the entire tract, and the number of new lots being created. The
area of each lot shall be shown correct to within one square foot.
m.
All existing and proposed property lines within and immediately adjoining
the tract and all lot lines to be eliminated. All lot lines shall
be shown correct to one-hundredth of a foot.
n.
All existing buildings and structures and their uses, wooded areas,
rock outcrops, and isolated trees with a diameter of six (6") inches
or more measured five (5') feet above ground level. All streams,
lakes, drainage rights-of-way, and streets within the limits of the
tract being subdivided and within five hundred (500') feet thereof
including the location, width and direction of flow of all streams,
brooks, drainage structures and drainage rights-of-way. Any existing
features to be removed or relocated shall be indicated. Flood hazard
area lines and wetlands and swamps within the tract shall be shown.
Contours at two (2') foot intervals and general drainage system
shall be shown.
The information required herein for isolated trees and two (2')
foot contour intervals shall not be required on any lots which would
be five acres or larger in size after subdivision.
o.
The shortest distance from any existing building to any proposed
and existing lot line.
p.
Accurate delineation of flood plain or restricted areas must be shown
on the plan.
q.
Accurate delineation of Federal Flood Hazard Zone.
r.
Percolation, water table and soils data for each lot being created
under the proposed subdivision.
t.
Plat must be drawn to conform to the requirements of the Burlington
County Land Development Review Resolution, Article 4.09.
u.
Such other information deemed necessary by the Planning Board.
v.
Signature lines for the Chairman and Secretary of the Planning Board
and the Burlington County Planning Board.
[Ord. #1985-8, A IX, § 1]
Before preparing and submitting their preliminary plat, the
developer is requested to submit a sketch plat of major subdivision
and informally discuss the proposal with the Planning Board.
[Ord. #1985-8, A IX, § 2]
It is the intent of the Board to establish initial contact with
the subdivider of a proposed subdivision prior to the time the developer
or subdivider finalizes the street and lot scheme for the subdivision.
It is the express intention of the Board that the Board and the subdivider
or developer shall be in substantial agreement on the design of the
street system and the lotting patterns of the proposed subdivision
prior to the start of the detailed engineering design work required
at the preliminary plat stage.
[Ord. #1985-8, A IX, § 3]
The purpose of the preliminary plat is to provide the Board
with the detailed drawings of what is expected to become the final
subdivision plat. These drawings shall be precise and accurate in
order to give the Board and its representatives who are charged with
the responsibility of reviewing the plat, all the data and preciseness
necessary for a detailed review.
[Ord. #1985-8, A IX, § 4]
a.
The developer or subdivider must submit to the Administrative Officer
at or prior to a work session of the Board at least 12 black and white
prints of the preliminary plat together with three completed application
forms to tentative approval. The secretary of the Planning Board shall
distribute the preliminary plat to the Board Members, Board Engineer
and Solicitor and to such other persons as may be determined by the
Board. No public hearing shall be scheduled by the applicant until
such submission at or prior to a work session and review of the plans
by the Board at which time it shall be determined whether or not the
application is complete. The developer can attend the work session
and receive a date for his public hearing.
b.
The Planning Board shall, in all cases involving applications for
tentative major subdivision approval, fix a date for the public hearing
thereon and the applicant shall give notice of the same in the manner
and form required by the "Act" in R.S. 40:55D-11 and 12 and shall
provide the Planning Board with proof of having complied therewith
prior to conducting the public hearing.
c.
If the Board acts favorably on a preliminary plat, the Chairman of
the Board and Secretary of the board, together with the Board Engineer,
shall affix their signature to five copies of the approved plat, retaining
one in the Board's file, giving three to the Board's Engineer
and returning one to the subdivider for compliance with final approval
requirements.
[Ord. #1985-8, A X, § 1]
The preliminary plat shall be designed in accordance with the provisions of Section 16-11 and in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Board.
For initial consideration by the Board prior to the granting
of tentative approval, the plat shall show or be accompanied by sufficient
information to establish the design, arrangement and dimensions of
streets, lots and other planned features as to form, size and location.
This information shall form the basis for the general terms and conditions
upon which tentative approval may be granted and shall include:
a.
A key map showing the entire subdivision and its relation to surrounding
areas including zoning of the subdivision and the adjacent areas.
b.
The tract name, tax map sheet, block and lot number, date, reference
meridian and graphic scale.
c.
Acreage of tract to be subdivided to nearest tenth of an acre.
d.
Contours at two (2') foot intervals to determine the general
slope and natural drainage of the land and the high and low points
of all proposed new streets. All elevations shall be based on U.S.
Coast and Geodetic Survey Datum.
e.
Name and address of person who prepared map.
f.
Cross section of the proposed streets.
g.
Lot grades to indicate drainage pattern.
h.
When a natural waterway traverses or borders the tract for which
approval is being sought, the subdivider must submit to the Planning
Board either (1) a copy of a permit issued by the New Jersey State
Water Policy Commission approving the alignment, easements and design
of the waterway, or (2) evidence that said plans do not require Water
Policy Commission approval.
In those instances where a State Water Policy Commission permit
is required, a copy of the plans with the approval of the Commission
endorsed thereon must be filed with the Secretary of the Board.
i.
A copy of the protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the Preliminary
Plat.
j.
Route numbers for State and County Highways and Roads.
k.
An indication of drainage conditions and directions of water flow
on side of road(s) opposite subdivision.
l.
A statement on the number of lots and minimum zoning requirements.
m.
Location of all existing utilities.
[Ord. #1985-8, A X, § 2]
With submission of the preliminary plat, the developer shall
submit:
a.
Closed outbound survey;
b.
Drainage calculations;
c.
Certificate that the applicant is the owner of the land or his authority
to sit as agent for the owner. Give names and addresses of both.
d.
Certification that taxes have been paid to date;
e.
Certification of an engineer or licensed land surveyor;
f.
Test boring information showing ground condition and water table,
minimum boring depth of ten (10') feet, minimum to be one test
for each 10 acres and one test for each type of soil on the tract,
or as determined by the Board.
[Ord. #1985-8, A X, § 3]
After the general terms and conditions have been agreed upon,
but before tentative approval is granted, the subdivider must submit
on one map plans of proposed utility layouts, (sanitary sewers, storm
sewers and the drainage structures) showing feasible connections to
existing or any proposed utility systems. When an individual water
supply and/or sewerage disposal system is proposed, the plan for such
system must be approved by the appropriate local, County or State
health agency. Any subdivision or part thereof, which does not meet
with the establishing requirements of this Chapter or other applicable
regulations shall not be approved. Any remedy proposed to overcome
such a siltation shall first be approved by the appropriate local,
County or State health agency.
[Ord. #1985-8, A X, § 4]
When the preliminary plat, which has been granted tentative
approval, forms the basis upon which application for final approval
will be made, such plat map and other accompanying engineering plans
must be prepared by a licensed professional engineer and a licensed
land surveyor in compliance with all the provisions of Chapter 358
of the Laws of 1953 before the required improvements of the subdivision
ordinance are installed or the performance guarantees for same are
furnished, which requirements must be met before application and the
granting of final approval of the plat can be made.
[Ord. #1985-8, A X, § 5]
No building permit for development of the subdivision proper
shall be issued until final approval of the plat has been granted,
excepting such permits as are necessary for the installation of the
improvements.
[Ord. #1985-8, A X, § 6]
All plans submitted to the Tabernacle Township Planning Board
for review shall be clearly and accurately drawn at a scale indicated
in the chart below:
|
Subdivisions (Preliminary Plat)
| |
|---|---|
|
Area
|
Scale
|
|
less than 25 acres
|
not less than 1":50'
|
|
25 to 150 acres
|
not less than 1":100'
|
|
more than 150 acres
|
not less than 1":200'
|
[Ord. #1985-8, A XI, § 1]
The applicant shall observe the following requirements and principles of land subdivision and site planning in the design of each subdivision and site plan or portion thereof in a manner also conforming with other ordinances of the Township. All development authorized under this Chapter shall comply with the development standards contained or referenced in Section 17-6 of the Township Zoning Ordinance in addition to all other regulations of this Chapter.
[Ord. #1985-8, A XI, § A]
Any minor or major subdivision shall demonstrate conformance
to design standards that will encourage sound development patterns
within the Township. Where either an official map or master plan have
been adopted the subdivision shall conform to the proposals and conditions
shown thereon. The streets, drainage rights-of-way, school sites,
public park and playgrounds, scenic sites, historic sites, and flood
control basins shown on the officially adopted master plan or official
map shall be considered in the approval of subdivision plats. In accordance
with good subdivision design practices, extreme deviations from rectangular
lot shapes and straight lot lines shall not be allowed unless made
necessary by special topographical conditions or other special conditions
acceptable to the Board. All improvements shall be installed in required
locations to enable future connections with approved systems or contemplated
systems, and shall be adequate to handle all present and probable
future development.
[Ord. #1985-8, A XI, § B]
a.
Major and minor subdivisions shall be served by paved public streets
with an all weather base and pavement with an adequate crown. The
arrangement of streets not shown on the master plan or official map
shall be such as to provide for the appropriate extension of existing
streets and should conform with the topography as far as practicable.
b.
When a new subdivision adjoins land capable of being subdivided,
suitable provisions shall be made for optimum access from the remaining
or adjoining tract to existing or proposed streets.
c.
Minor streets shall be designed to discourage through traffic.
d.
In all residential zones, all major subdivisions bounded by any arterial,
primary, or secondary street shall control access to the streets by
having all driveways intersect minor streets. In primary or secondary
street, right-of-way shall either be planted with nursery grown trees
to a depth of not more than twenty-five (25') feet from the right-of-way
line and for the full length of the subdivision, so that in a reasonable
period of time a buffer will exist between the development and the
highway, or, where topography permits, create earthen berms at a sufficient
height to establish a buffer between the development and the highway.
Berms shall not be less than six (6') feet in height and they
shall be stabilized by ground cover and trees to prevent soil erosion.
All trees shall meet the requirements set forth in the General Provisions
Section of the Zoning Chapter under Buffers. Driveway entrances to
arterial, primary or secondary streets shall be prevented as much
as possible. Where the size, shape, location or some other unique
circumstances may dictate no other alternative than to have a driveway
enter an arterial, primary or secondary street, the lot shall provide
on-site turnaround facilities so it is not necessary to back any vehicle
onto an arterial, primary or secondary street. All lots requiring
reverse frontage shall have an additional twenty-five (25') feet
of depth to allow for the establishment of the buffers outlined in
this section, unless such buffers are established in a reserve strip
controlled by the Township or County.
e.
In all major or minor subdivisions the minimum street right-of-way
shall be measured from lot lines to lot line and shall be in accordance
with the following schedule, but in no case shall a new street that
is a continuation of an existing street be continued at a width less
than the existing street although a greater width may be required
in accordance with the following schedule. In addition, where any
arterial, primary or secondary street intersects another arterial,
primary or secondary street, the right-of-way and cartway requirements
shall be increased by ten (10') feet on the right side of the
street approaching the intersection for a distance of three hundred
(300') feet from the intersection of the centerline.
|
Street Class
|
Row Width
|
Width Between Curbs
|
Without Curbs
|
|---|---|---|---|
|
Arterial 2
| |||
|
Primary
|
86'
|
46'
| |
|
Secondary
|
66'
|
44'
|
30' - 2 ft. edge treatment on each side of the cartway
consisting of quarry blend or such other similar treatment which shall
be approved by the Township Engineer as being of equal quality and
able to serve the intended purposes.
|
|
Minor
|
50'
|
34'
|
30' - 2 ft. edge treatment on each side of the cartway
consisting of quarry blend or such other similar treatment which shall
be approved by the Township Engineer as being of equal quality and
able to serve the intended purposes.
|
f.
No minor or major subdivision showing reserve strips controlling
access to streets or another area, either developed or undeveloped,
shall be approved except where the control and disposal of land comprising
such strips has been given to a public body.
g.
In the event that a major or minor subdivision adjoins or includes
existing Township streets that do not conform to widths as shown on
either the master plan or official map or the street width requirements
of this Chapter, additional land along both sides of the street sufficient
to conform to the right-of-way requirements shall be anticipated in
the subdivision design. The additional widening may be offered to
the Township for the location, installation, repair and maintenance
of streets, drainage facilities, utilities and other facilities customarily
located on street rights-of-way and shall be expressed on the plat
as follows: "Street right-of-way easement granted to the Township
of Tabernacle permitting the Township to enter upon these lands for
the purposes provided for and expressed in the Land Subdivision Ordinance
of the Township of Tabernacle." This statement on an approved plat
shall in no way reduce the subdivider's responsibility to provide,
install, repair or maintain the facilities on the plat or as provided
for by any maintenance or performance guarantee. If the subdivision
is along one side only, one-half of the required extra width shall
be anticipated. For any subdivision that portion of the existing street
or road adjoining or included within a subdivision shall be improved,
including excavation, grading, base and surfacing, in accordance with
road improvement standards of this Chapter.
h.
Longitudinal grades on all minor streets shall not exceed 10% nor
4% on arterial, primary and secondary streets. No street shall have
a longitudinal grade of less than one-half of one (.5%) percent. Maximum
grades within intersections shall be 4%. The slope of the cartway
from the centerline to the curb line or edge of the paving shall be
two and one-half (2 1/2%) percent. Where the cartway is banked
to facilitate a curve in the street alignment, the slope toward the
curb line or shoulder shall conform to accepted engineering practice.
i.
Intersecting street centerlines shall be as nearly at right angles
as possible and in no case shall they be less than sixty (60°)
degrees at the point of intersection. The curb lines shall be parallel
to the centerline. Approaches to all intersections shall follow a
straight line for at least one hundred (100') feet measured from
the curb line of the intersecting street. No more than two street
centerlines shall meet or intersect at any one point. Streets intersecting
another street from opposite sides shall not be offset unless, measuring
from the point of intersection of the street centerlines, the two
intersections shall be spaced a sufficient distance to permit a minimum
of two lot depths between the two street rights-of-way, but not less
than two hundred (200') feet between rights-of-way. Any subdivision
abutting an existing street which is classified as an arterial, primary
or secondary street shall be permitted not more than one new street
every eight hundred (800') feet within the boundaries of the
tract being subdivided on the same side of the street. In the spacing
of streets, consideration shall be given to the location of existing
intersections on both sides of the development. Intersections shall
be rounded at the curb line with the street having the highest radius
requirement as outlined below determining the minimum standard for
all curb lines; arterial forty (40') feet, primary or secondary,
thirty (30') feet; and minor streets, twenty (20') feet.
In the spacing of streets, consideration shall be given to the location
of existing intersections on both sides of the development. No local
streets shall be part of a four way intersection.
j.
For both major and minor subdivisions, sight triangle easements shall
be required at all intersections, in addition to the right-of-way
width outlined above, in which no grading, planting or structure shall
be erected or maintained between thirty (30") inches and eight (8')
feet above the street centerline except for street name signs and
official traffic regulation signs. The sight triangle is defined as
that area outside the right-of-way which is bounded by the intersecting
street lines and the straight line connecting sight points one each
located on the two intersecting street centerlines: arterial, primary
and secondary streets at one hundred (100') feet; and minor streets
at thirty (30') feet. Where the intersecting streets are both
arterial, primary or secondary, or one of each, two overlapping sight
triangles shall be required formed by connecting the sight noted above
with a sight point thirty (30') feet on the intersecting street.
Such easement dedication shall be expressed on the plat as follows:
"Sight triangle easement to which the area is subject to the provisions
of the Land Subdivision Ordinance of the Township of Tabernacle."
k.
A tangent at least two hundred (200') feet long shall be introduced
between reverse curves on arterial, primary and secondary streets.
When connecting street lines deflect in any direction from each other
at any one point by more than ten (10°) degrees they shall be
connected by a curve with a radius conforming to standard engineering
practice so that the minimum sight distance within the right-of-way
shall be three hundred fifty (350') feet for a minor street,
five hundred (500') feet for a primary or secondary street, and
eight hundred (800') feet for an arterial street.
l.
All changes in grade where the difference in grade is 1% or greater
shall be connected by a vertical curve having a length of at least
fifty (50') feet for each 2% difference in grade, or portion
thereof, and providing minimum sight distances of three hundred fifty
(350') feet for a minor street, five hundred (500') feet
for a primary or secondary street, and eight hundred (800') feet
for an arterial street.
m.
Dead-end, cul-de-sac, streets.
1.
Dead-end streets of a permanent nature, where provision for the future
extension of the street to the boundary of the adjoining property
is impractical or impossible, or of a temporary nature, where provision
is made for the future extension of the street to the boundary line
of adjoining property shall provide a turnaround at the end with a
right-of-way radius of not less than seventy-five (75') feet
and a cartway radius of not less than sixty-three (63') feet.
The center point for the radius shall be on the centerline of the
associated street or, if off-set to a point where the radius becomes
a tangent to one of the curb lines of the associated street.
2.
If a dead-end street is of temporary nature, provisions shall be
made for removal of the turnaround and reversion of the excess right-of-way
to the adjoining properties when the street is extended.
3.
A dead-end street shall serve no more than 14 lots.
n.
No street shall have a name which will duplicate or so nearly duplicate
in spelling or phonetic sound as to be confused with the names of
existing streets. The continuation of an existing street shall have
the same name. The names of new streets must be approved by the Township.
o.
Drainage. All streets shall be provided with catch basins and pipes
where the same may be necessary for proper surface drainage. The requirements
of this subsection shall not be satisfied by the construction of dry
wells. The system shall be adequate to carry off or store the storm
water and natural drainage water which originates beyond the subdivision
boundaries and that which originates within the subdivision boundaries
and passes through the subdivision calculated on the basis of maximum
potential development as permitted under the provisions of the zoning
chapter. No storm water run off or natural drainage water shall be
so diverted as to overload existing drainage systems or create flooding
or the need for additional drainage on other lands without proper
and approved provisions being made for taking care of these conditions.
p.
General. All materials, equipment, and methods of construction shall
conform to the latest Standard Specification for Road and Bridge Construction
of the New Jersey State Highway Department, 1961. Each stage of construction
must be approved by the Engineer prior to commencing the next stage.
The Engineer shall be notified at least one working day prior to the
start of any stage.
q.
Subgrade. The subgrade shall be in a proper finished condition conforming
to the proper line and grade and free of any soft spots or other deficiencies.
The subgrade shall be tested by running a roller of a weight at least
equal to that to be used in the paving operation over the entire subgrade.
If the deformation of the subgrade is excessive, in the opinion of
the Engineer, the subgrade must be stabilized in a manner satisfactory
to the Engineer. Adequate underdrains shall be constructed where the
normal ground water level is within two feet of the surface of the
subgrade.
r.
Township streets shall be constructed in accordance with the following
standards:
|
Primary Streets:
|
|
6" Soil Aggregate, Type 2, Class A or B
|
|
4" Bituminous Stabilized Base Course
|
|
2" Pavement, Type FABC-1 Surface Course
|
|
Secondary and Minor Streets:
|
|
4" Bituminous Stabilized Base Course
|
|
2" Pavement, Type FABC-1 Surface Course
|
|
If the subgrade has a CBR value of 20 or greater, as determined
by the American Society for Testing and Materials Method for Bearing
Ratio of Laboratory Compacted Soils, no subbase course is required
for secondary and minor streets. Subgrade soils having a CBR value
of less than 20 will require a subbase course of Soil Aggregate, Type
II, Class A or B, 4" minimum thickness.
|
|
The base course shall be constructed prior to the issuance of
any Certificate of Occupancy. The surface course shall not be constructed
until at least one year after the completion of the Base Course or
as directed by the Engineer. However, temporary paving shall be placed
around manholes, valve boxes, inlets, etc., immediately after the
construction of the Base Course. A tack coat of asphaltic oil shall
be applied to the Base Course prior to the construction of the surface
course.
|
[Ord. #1997-7, § 3]
For all new construction on flag lots and/or driveways of more
than three hundred (300') feet in length:
a.
A ten (10') foot wide cleared surface able to hold emergency
vehicles. The cleared area need not be improved or constructed of
impervious materials.
b.
A cleared area of two (2') feet on both sides at the ten (10')
foot wide cleared and graded surface. (This would result in a total
of fourteen (14') feet of cleared area and the Pinelands would
have to be consulted. The difference between this provision and the
one above is that the two (2') feet on either side of the drive
need not have the bearing weight set forth above).
c.
An overhead clearance of twelve (12') feet.
d.
Curves of driveways would require a wider than ten (10') foot
surface.
e.
For driveways longer than three hundred (300') feet, a bypass
area every three hundred (300') feet on ten (10') foot wide
drives should be constructed. The bypass area should be at least twenty-five
by eight (25' x 8') feet abutting the drive. At the end
of the drive, a turn around area of fifty by thirty-five (50'
x 35') feet should exist. The requirement for the turn around
area is not applicable to circular drives.
f.
Street signs and addresses must be posted.
g.
On a flag lot the drive must be installed next to the other lot of
the subdivision unless a roadway or drive within the flag stem already
exists.
[Ord. #1985-8, A XI, § 1C]
Concrete curb with gutter, or concrete curb shall be installed
along every street within the development and at intersections with
Township roads, County roads and State highways. The Planning Board
may, at its discretion, waive the installation of such curbs if it
determines that the same are not necessary in the development plan
before it for review. Among the factors to be considered with respect
to installation or omission of curb and gutter and the extent and
location of same are the following: drainage, environmental consideration,
street intersections, curve radii, the location of culverts, the existence
of swales and other similar items.
The standard curb section to be used shall be not more than
twenty (20') feet in length, shall be set in accordance with
approved lines and grades, and radial curbs shall be formed in an
arc segment, in a smooth curve. Chord segments are prohibited.
Concrete curbs shall be nine (9") inches by twenty (20") inches
with eight (8") inch exposed face on primary streets and six by six
by eighteen (6 x 6 x 18) six (6") inches exposed face on secondary
and minor streets. Traverse joints one-half (1/2") inch wide shall
be installed in the curb 20'-0" apart and shall be filled with
preformed bituminous-impregnated fiber joint filler. Concrete shall
be Class B and shall be air entrained. All concrete shall have a slump
of no greater than five (5") inches in accordance with the testing
procedure outlined in A.S.T.M. C143-58 Standard Method for Test for
Slump of Portland Cement Concrete. Calcium Chloride is limited to
1% for winter protection.
[Ord. #1985-8, A XI, § D]
Sidewalks shall be required at the Board's discretion depending
on the probable volume of pedestrian traffic, the development's
location in relation to other populated areas, and the general type
of improvement intended. Where required, sidewalks shall be at least
four (4') feet wide and located as approved by the Board.
Sidewalks shall be at least four (4") inches thick, six (6")
inches in driveways, having a 28 day compressive strength of 4000
psi, be air entrained and have a slump of five (5") inches maximum.
Use of calcium chloride is limited to 1% for winter protection. Clump
test to be in accordance with ASTM C143-58 for Standard Method of
Test for Slump of Portland Cement Concrete.
All sidewalk areas shall be graded in accordance with the approved
typical section and shall be stabilized and protected with four (4")
inches of topsoiling, fertilizing and seeding.
[Ord. #1985-8, A XI, § E]
a.
Each land development submitted to the Township of Tabernacle Planning
Board shall be reviewed by the Township Engineer to establish requirements
to prevent an adverse drainage condition relating to the Township
road or drainage facility, and to assure adequate design to minimize
future maintenance and avoid flooding damage.
b.
It shall be the object of this review to prevent the inundation,
silting, erosion, and undermining of Township roads and facilities.
In cooperation with the New Jersey Department of Environmental Protection,
Bureau of Water Control, and the New Jersey Pinelands Commission,
review includes consideration of stream encroachment, flood plain
protection, and wetlands protection.
c.
Storm drainage facilities required to accommodate additional storm
drainage resulting from the proposed new street construction, access
driveways or other construction and directed onto the Township road
shall be provided for by the owner without cost to the Township. This
may involve reconstruction of existing storm drainage facilities or
the construction of new facilities on and/or off the Township right-of-way.
d.
Basic Drainage Criteria:
1.
For both major and minor subdivision, blocks and lots shall be graded
to secure proper drainage away from all buildings and to prevent the
collection of storm water in pools.
2.
For both major and minor subdivisions, land located in a floodway
or wetland shall not be plotted for residential occupancy nor for
any other purpose which may endanger life or property or aggravate
the flood hazard. A floodway within a lot shall not be considered
for open spaces, yards, or other similar uses.
3.
Where a minor or major subdivision is traversed by water course,
surface or underground drainage way or drainage system, channel or
stream, there shall be provided and dedicated a drainage right-of-way
easement to the Township conforming substantially with the lines of
such water courses, and such further width or construction, or both,
as will be adequate to accommodate expected storm water run off in
the future based upon reasonable growth potential in the Township,
and, in addition, thereto, a minimum of fifteen (15') feet beyond
the bank top on at least one side for access to the drainage right-of-way
and, in any event, meeting any minimum widths and locations shown
on any adopted official map and master plan. Such easement dedication
shall be expressed on the plat as follows: "Drainage and utility right-of-way
easement granted to the Township of Tabernacle for the purposes provided
for and expressed in the Land Subdivision Ordinance of the Township
of Tabernacle."
4.
The land developer shall provide for the protection and/or improvement
of roads and drainage facilities in accordance with the design standards
specified in this Chapter.
5.
Tabernacle Township has adopted design criteria intended to conform
with the laws of New Jersey, the Pinelands Comprehensive Management
Plan and good drainage practice. The purpose of the criteria is to
set appropriate standards.
(a)
The objective of these standards is to review drainage in the
following categories:
|
Watersheds
|
|
Land Development (Subdivision and Site Plan)
|
|
Roadway Storm Drainage
|
|
Erosion and Sediment Control
|
(b)
The four categories have different objectives and, therefore,
the criteria are not the same. The basic references are as follows:
|
Category
|
Objectives
|
Criteria Reference
|
|---|---|---|
|
Watersheds
|
Flood Control
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N.J. Special Report 38
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Land Developments (Site Plan and Subdivision)
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Adequate Drainage
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Burlington County, and Section 6-804.4. of the CMP.
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Roadway Storm Drainage
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Roadway Drainage (only)
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N.J. DOT and Burlington Co. Standards and Section 6-804.D. of
the CMP.
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Erosion and Sediment Control
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Soil Erosion Control
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Standards for Soil Erosion and Sediment Control in New Jersey
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e.
Watershed — Drainage Criteria.
1.
Construction and encroachments in flowing streams shall be designed
using major watershed criteria whenever the drainage area is 1/2 square
mile or larger. For watersheds of the size of 1/2 square mile up to
one square mile the Rational Method may be used. For watersheds in
excess of one square mile, Special Report No. 38 shall be used for
the purpose of computing design discharge.
2.
The State of New Jersey, Division of Water Resources, sets the standards
for storm discharge from drainage areas where an encroachment upon
a stream is involved. It is the intent of the standards set forth
in this Chapter to conform to the State of New Jersey standards. In
general, the State's criteria is a One hundred Year Flood Frequency.
f.
Land Development Drainage Criteria.
1.
The Soil Conservation Service Method as outlined in Technical Release
No. 55 or the National Engineering Handbook, section 4, shall be used
to calculate the volume and rate of runoff. For parcels of land less
than one acre in size, the Rational Method may be used to calculate
the rate of runoff.
2.
Information in Table 2-2 of Technical Release No. 55 shall be used.
Run off coefficients, rainfall intensity factors, friction factors
and soil factors will be checked and will be reviewed for pertinence
to the projects.
3.
Retention Basins, Detention Basins, and Flood Plain Storage —
In order to minimize peak downstream flows resulting from intensified
upstream development, this criteria sets standards with the following
objectives:
(a)
To prevent any reduction in the volume of flood storage along
existing waterways;
(b)
To provide detention basins with outlet flow control and/or
maintain flood plain storage as necessary to prevent peak rates of
outflow after development of a tract from exceeding the peak rates
prior to said development;
(c)
In any case where an existing waterway traverses a tract of
land to be developed, the volume of flood waters stored in the waterway
and the related flood plain between the normal low water elevation
and the flood elevation as determined by the Design Storm Frequency
in Table 15 of the Land Development Review Resolution of the Burlington
County Planning Board, shall be no less after development than prior
to development;
(d)
The maintenance of the flood plain storage volume shall be accomplished
by leaving the flood plain area undisturbed;
(e)
In any case where the development of the property will increase
volume and peak runoff rates, detention basins or retention basins
shall be provided as necessary to off-set such increases;
(f)
Where peak flow reduction is to be accomplished by provision
of a detention basin, the peak rate of outflow permitted would be
that occurring prior to development, using the pre-development time
of concentration or a time of concentration of 60 minutes, provided
that the volume of outflow shall not exceed a 50 year 24 hour predevelopment
volume;
(g)
The rates and volumes of inflow shall be based on similar assumptions
to those that are used in Technical Release No. 55 and the duration
of storm used to determine such rates and volumes shall be that which
will require maximum storage. In general, the duration of the critical
storm will be appreciably greater than the time of concentration of
flow into the basin;
(h)
A suitable method of flood routing shall be used to demonstrate
that the storage being provided is adequate. Routing should be based
upon inlet structure or the downstream flow characteristics of the
channel, whichever controls the characteristics of the storage to
be provided and inflows from inflow hydrograph as determined in paragraph
(g) above, for detention basins and/or storage area. Storage shall
be provided so that it commences before outflow from the site occurs.
Average outflow rate should be designed not to exceed 2/3 of the peak
outflow rate in the undeveloped state.
4.
The benefits or artificial retention/detention basins must be weighed
together with other accepted devices to minimize downstream flooding
resulting from increased upstream development. The criteria set forth
in the section above and the following standard are intended to guide
land developers:
(a)
Basins shall be designed with adequate freeboard and provisions
for overflow. The recommendations of the Soil and Sediment Control
Manual and proper soil investigation and analysis shall be the minimum
specification for earth work.
(b)
Design of retention/detention basins and maintenance responsibility
shall be fully considered and shall be given critical "case by case"
review to avoid objectionable and/or unsightly appearance.
(c)
Design Storm Frequency shall not be less than shown in Table
15 of the Land Development Review Resolution of the Burlington County
Planning Board for the applicable condition and size of area.
(d)
Upon recommendation of the Township Engineer that an in-depth
routing analysis of the effects of a detention basin is required,
the Planning Board may require that such an analysis be made. The
Engineer is not restricted as to method, but shall furnish computation
and analysis. Preliminary design may be used in lieu of detailed computations
but detailed data will be requested before final approval of a project
is given.
(e)
The basin discharge rates shall not exceed the peak discharge
rate prior to development as calculated by S.C.A. Technical Release
No. 55 for a 24 50 year storm.
(f)
Compensating storage may be of many different types or combinations
such as, but not limited to the following: paved, unpaved, wooded
areas, building roofs and parking lots.
(g)
Tracts where permanent storm water detention basins are either
proposed or required shall be constructed in the following manner.
More than one facility may be required.
(1)
Each detention pool shall contain a primary water depth with
a capacity to accept all the surface water directed to it from a four
(4") inch rain in 24 hours.
(2)
Vertical holes filled with coarse rock may be provided within
the detention pool to assist water percolation into the soil for the
detained water at the primary water level.
(3)
Each detention pool shall be designed for a secondary water
depth which shall provide for water to be drained off through outlets.
The secondary water depth shall, together with the primary water depth
capacity, accept all the surface water directed to it from a five
(5") inch rain in 24 hours.
(4)
Each detention pool shall also have a tertiary water depth which
will allow water levels in excess of the secondary water depth capacity
to drain out one or both ends along the surface of a spillway to a
natural drainage course. The rate of discharge from the secondary
and tertiary depths shall not exceed the rate and volume at which
storm water left the property when the property was in its natural
state. The tertiary water depth capacity shall, together with the
primary and secondary water depth capacities, accept all the surface
water directed to it from a 24 hour, 50 year storm.
g.
Open Channels.
1.
Channels for the conducting of storm flows shall provide for design
storm frequency as shown on Table 15 of the Land Development Review
Resolution of the Burlington County Planning Board.
2.
Open channels shall be designed to provide stable soil side slopes.
See Tables 17 and 18 of the Land Development Review Resolution of
the Burlington County Planning Board for maximum velocity and soil
texture.
3.
Channel design shall include suitable vegetative cover and provision
to prevent erosion during construction. See Standards for Soil Erosion
and Sediment Control.
4.
The Manning Formula may be used in designing open channels. Recommended
roughness coefficients ("n") for concrete lined channels are .015
- .025. For natural vegetative channels, "n" varies from .03 to .15.
6.
Effort should be made to control stream bank erosion aggravated by
velocity problems associated with the more frequent one ((1) to five
years) flood event.
7.
In relation to the above, consideration must be given to location
of buildings for which flood level should comply with National Flood
Insurance (100 year event).
h.
Roadway Storm Drainage Criteria.
1.
The intent of these criteria is to conform with the New Jersey Department
of Transportation, Burlington County Department of Transportation
and Pinelands Commission standards and method of calculations for
roadway drainage.
2.
For small road projects, parking areas, and industrial and commercial
centers connecting into Township drainage facilities the five year
design storm frequency shall be used to determine drainage to Township
facilities; however, connections which increase direct discharge into
streams shall not be permitted.
i.
Storm Sewer Systems on Township Roads.
1.
Inlet spacing shall not exceed four hundred (400') feet or a
design inlet flow of 6.0 cfs, whichever conditions shall be more stringent.
Access manholes shall be spaced at four hundred (400') feet intervals
(maximum) through rights-of-way and at sewer junctions where there
are no catch basins.
2.
Sewers shall be designed using the Manning Formula for flow in pipes.
Minimum design velocity flowing full shall be the cleaning velocity
of the pipe. Recommended roughness coefficients ("n") for pipes are
shown in Table 20 of the Land Development Review Resolution of the
Burlington County Planning Board. The five year design storm frequency
shall be used in the design of storm sewers on line. In addition to
these requirements a 10 year design storm frequency at low points
with overland relief shall be used, and a 25 year design storm frequency
at low points without overland relief.
3.
"Dish" type intersections or rocker gutters crossing Township roads
will not be allowed. Sufficient catch basins shall be installed at
each street intersection to avoid gutter overflow at low points in
the street grade.
4.
Pipe used shall be circular reinforced concrete pipe, Class III,
Wall B, minimum 18" I.D. unless otherwise approved by the Township
Engineer, and laid with not less than two (2') feet depth to
cover over the top of pipe.
5.
In pipe sizes less than forty-eight (48") inches in diameter, all
transitions in slopes, horizontal direction, junctions and change
in pipe sizes shall be confined to manholes, catch basins, or other
accessible structures designed for one or more of these purposes.
In forty-eight (48") inch pipe lines and larger, vertical and horizontal
deflections may be accomplished using one hundred (100') foot
radius curves, or greater.
6.
Capacity of inlets in sumps must be known in order to determine the
depth and width of ponding in the street. For ordinary design, a grate
inlet in a gutter may be considered as an orifice of area equal to
the clear openings in the grate with a coefficient of discharge equal
to 0.6. The capacity of an unclogged grate inlet in a sump is:
|
Q
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=
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0.6 2 gh A,
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|
where
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Q
|
=
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capacity of cfs.
| |
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A
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=
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area of clear opening in square feet
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g
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=
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gravitation acceleration in feet per second per second (32.2
ft./sec./sec.)
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h
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=
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head in feet
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For Type "E" Inlets, A
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=
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6.0 square feet
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For Type "A" Inlets, A
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=
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3.0 square feet
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A curb opening inlet can be considered as a rectangular weir
whose capacity is:
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Qc - 3.0 h
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3/2
L
|
|
where
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Qc
|
=
|
capacity of cfs.
| |
|
h
|
=
|
head in feet
| ||
|
L
|
=
|
length of curb opening in feet
|
7.
Ends of pipe starting or terminating in an open ditch shall have
suitable headwalls. Flared end sections and other protective treatment
will be considered in specific cases such as parallel ditches. Refer
to Figures 39A and 39B of the Land Development Review Resolution of
the Burlington County Planning Board.
8.
Type B inlets shall be required at points along the curbline to insure
that drainage flow does not exceed 6 cfs. Inlets shall also be placed
at low points along the curbline.
New culverts and bridges shall be designed to conform to design
criteria and requirements of the Burlington County Land Development
Review Resolution.
The above criteria shall be applied to all land developments
occurring in the Township. Under some conditions, the criteria may
be waived, namely, where they would impose unreasonable hardship on
the owner. Approaches other than those suggested may be used providing
they can be clearly shown to accomplish the purposes set forth in
this Chapter.
[Ord. #1985-8, A XI, § F]
a.
All projects shall be built in a manner to control soil erosion.
The New Jersey Standards for Soil Erosion and Sediment Control have
been adopted by the Burlington County Planning Board, and endorsed
by the Tabernacle Township Planning Board. The standards may be seen
and referred to at the County Planning Board Office and are obtainable
from the New Jersey State Department of Environmental Protection.
b.
An important aspect of erosion and sediment control relates to the
construction period. The project shall be reviewed for the Township
Planning Board by the Burlington County Soil Conservation District.
It is a requirement that the project be constructed in conformance
with the Soil Conservation District recommendations for erosion and
sediment control during the construction period.
[Ord. #1985-8, A XI, § G]
Street signs shall be metal on metal posts or treated wooden
signs of the type, design and standard previously installed elsewhere
in the Township. The location of the street signs shall be determined
by the Board but there shall be at least two street signs furnished
at each four way intersection and one street sign at each T intersection.
All signs shall be installed free of visual obstruction. Stop signs
shall also be installed in those locations directed by the Planning
Board.
[Ord. #1985-8, A XI, § H]
All shade trees shall meet the standards set forth in the general
provisions section of the zoning ordinance under "buffers." Stripping
trees from a lot or filling around trees on a lot shall not be permitted
unless it can be shown that grading construction requirements necessitate
removal of trees, in which case those lots shall be replanted with
trees to reestablish the tone of the area and to conform with the
adjacent lots. Dead or dying trees shall be replaced by the subdivider
during the next recommended planting season.
[Ord. #1985-8, A XI, § I]
Monuments shall be the size and shape required by R.S. 46:23-9.12
and shall be placed in accordance with the statutes and indicated
on the final plat. All lot corners shall be marked with a metal alloy
pin of permanent character.
[Ord. #1985-8, A XI, § J]
All public services shall be connected to an approved public
utilities system where one exists. For all major subdivisions the
subdivider shall arrange with the servicing utility for the underground
installation of the utilities' distribution supply lines and
service connections in accordance with the provisions of the applicable
standard terms and conditions incorporated as a part of its tariff
as the same are then on file with the State of New Jersey Board of
Public Utility Commissioners, and the subdivider shall provide the
Township with three copies of a final plat showing the installed location
of these utilities. For minor subdivisions, service to serve the lands
being subdivided are underground. For major subdivisions, the subdivider
shall submit to the Board, prior to the granting of final approval,
a written instrument from each serving utility, which shall evidence
full compliance or intended full compliance with the provisions of
this paragraph; provided, however, lots which abut existing streets
where overhead electric or telephone distribution supply lines and
service connections have heretofore been installed may be supplied
with electric and telephone service from those overhead lines, but
the service connections from the utilities overhead lines shall be
installed underground in the case of existing overhead utilities,
should a road widening, or an extension of service, or other such
condition occur as a result of the subdivision and necessitate the
replacement or relocation of such utilities, such replacement or relocation
shall be underground.
An installation under this subsection to be performed by a servicing utility shall be exempt from the provisions of Section 16-13 requiring performance guarantees and inspection and certification by the Township Engineer. Where natural foliage is not sufficient to provide year round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round on any lot where, by reason of soil conditions, rock formations, wooded area, or other special condition of land, the applicant deems it a hardship to comply with the provisions of this subsection, the applicant may apply to the Board for an exception from the terms of this paragraph. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid clearing swaths through tree areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.
[Ord. #1985-8, A XI, § K]
Any lake constructed to provide waterfront lots for a residential
development shall have a minimum area covered by water of at least
five acres and an average depth of water of not less than three (3')
feet from May 1st to September 1st of each year.
[Ord. #1985-8, A XI, § L]
a.
Whenever this Chapter requires the installation of electric utility
installations underground, the applicant shall provide for the installation
of underground service for street lighting.
b.
Street lighting standards of a type and number approved by the Planning
Board and Township Engineer, shall be installed at the discretion
of the Planning Board at all street intersections and elsewhere in
the development as deemed necessary. The Planning Board shall be guided
in its determination of the need or lack of need therefor by such
factors as character of the area in question, the anticipated pedestrian
traffic in the area and the anticipated motor vehicle traffic in the
area.
[Ord. #1985-8, A XI, § M]
Before final approval of a subdivision, site plan or other development
plan submitted in conjunction with a variance application, the approving
authority may require in accordance with the standards of this Chapter
and an adopted circulation plan and utility service plan, the installation,
or the furnishing of a performance guarantee and maintenance guarantee
in lieu of installation, of any or all of the following off-site and
off-tract improvements which are necessary or appropriate for the
protection of the public interest by reason of the development's
effect on the land other than the developer's property: street
improvements, water system, sewerage, drainage facilities and easements
therefor.
Where such improvements are required, the approving authority
shall refer the requirements to the governing body for concurrence
and for approval of a performance guarantee to be followed by a maintenance
guarantee, if any shall be so required.
The governing body shall determine as to each required improvement
whether they are to be constructed or paid for (a) by the municipality
as a general improvement or (b) as a local improvement or (c) whether
it is to be done by the developer with a formula providing for partial
reimbursement if the improvement specifically benefits properties
other than the subdivision. In the absence of any specific finding
or determination made by the governing body with respect to each off-tract
improvement, each off-tract improvement shall be constructed or paid
for under the local improvement method.
Once the decision as to the type of financing for the improvement
has been made, the Planning Board shall estimate, with the aid of
the Municipal Engineer, the Township Assessor and any other person
who the Planning Board feels has pertinent information or expertise
in the matter:
a.
The cost of the improvement;
b.
The amount by which all properties to be serviced thereby including
the lands subject to development, will be specially benefited therefrom.
When this has been determined the applicant shall be required
to provide as a condition for approval of this development application
a bond, cash deposit or such other surety as is satisfactory to the
municipality and the governing body thereof, to insure payment to
the municipality the estimated amount by which the subdivision property
or property subject to development will be specially benefited by
the improvement.
Since the above amount is only an estimated amount, it shall
be redetermined once the improvement is complete. The developer shall
make up any deficiency in his proportionate share and any overage
will be returned to him.
[Ord. #1985-8, A XI, § N]
Block length, width and acreage within the block's boundary
roads shall be sufficient to accommodate the size lot required in
that zoning district by the zoning ordinance and to provide for convenient
access, circulation control and traffic safety.
Blocks over one thousand (1,000') feet long in residential
areas shall be discouraged, but where they are used, pedestrian crosswalks
or bikeway between lots may be required in locations deemed necessary
by the Board, and shall be at least ten (10') feet wide and be
straight from street to street. Blocks over one thousand five hundred
(1,500') feet in residential areas shall be prohibited. For commercial
and industrial uses, block lengths shall be sufficient to meet area
and yard requirements for such uses and to provide proper street access
and circulation patterns.
[Ord. #1985-8, A XI, § O]
a.
Lot dimensions and area shall not be less than the requirements of
the zoning ordinance. No lands located within the floodplain, flood
hazard area or drainage rights-of-way shall be included in such requirements
and only contiguous areas shall be calculated.
b.
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
c.
Each lot must front upon an approved, paved public street at least
fifty (50') feet in width. Through lots with frontage on two
streets will be permitted only under the following conditions:
1.
Where the lots abut an arterial, primary or secondary street.
2.
Where the length of the lot between both streets is of a length that
future division of the lot into two lots is improbable.
3.
Where access shall be to one street only, which street shall be the
one with the lower traffic function, and the portion of the lot abutting
the other street shall be clearly labeled on the plat, and in any
deed, that street access is prohibited.
d.
Where extra width has either been dedicated, or provided for widening
of existing streets, lots shall begin at such new street line and
all setbacks shall be measured from such line.
e.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as wetlands, poor drainage conditions for flood conditions, or where percolation tests or soil logs show the ground conditions to be inadequate for proper on-lot sewage treatment, rock formations, slopes in excess of 25%, or other circumstances where development is precluded by the standards contained in Article II, General District Regulations, of Chapter 17, Zoning, the Board may, after adequate investigation, withhold approval of such lots. If approval is withheld, the Board shall give its reasons, notify the applicant, and enter its action in the Minutes and on each denied lot on the plat.
[Ord. #1985-8, A XI, § P]
a.
Utility Easements. In large-scale developments easements along real
property lines or elsewhere for utility installation may be required.
Such easements shall be at least fifteen (15') feet wide and
located in consultation with the companies or Township departments
concerned and to the fullest extent possible, be centered on or adjacent
to rear or side lot lines.
b.
Natural Features. Natural features, such as trees, brooks, swamps,
hilltops and views, shall be preserved whenever possible in designing
any subdivision containing such features. On individual lots, care
shall be taken to preserve selected trees to enhance soil stability
and the landscape treatment of the area.
c.
Conservation Easement. Where the master plan or official map of the
Township delineates flood plains and other critical areas, flood plain
and conservation easements shall be delineated on the plat. A conservation
easement or flood plain shall prohibit the removal of trees and ground
cover except for the following purposes:
1.
The removal of dead or diseased trees.
2.
Limited thinning of trees and growth to encourage the most desirable
growth.
3.
The removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes, provided that such activities are consistent with Section 17-34, Wetlands, of Chapter 17, Zoning.
These areas shall be indicated on the preliminary and final
plats and shown in such a manner that their boundaries can be accurately
determined. The boundary lines of any easement shall be monumented
at its intersection with all existing or proposed street lines. Such
easement dedication shall be expressed on the plat as follows: "Conservation
easement granted to the Township of Tabernacle as provided for in
the Land Subdivision Ordinance of the Township of Tabernacle."
d.
Fire-Fighting Facilities. Where streams or ponds exist, or are proposed
on lands to be subdivided, facilities shall be provided to draft water
for Township fire-fighting purposes that are usable all seasons of
the year. This shall include access to a public street suitable for
use by fire-fighting equipment and construction of or improvements
to ponds, dams and similar on-site developments, where feasible. Such
facilities shall be constructed to the satisfaction of the Township
Engineer and in accordance with fire insurance rating organization
standards.
e.
Erosion, Storm Water Control and Excavation. The development shall
adhere to the standards set forth in the Pinelands Comprehensive Management
Plan and any applicable Township ordinances which govern soil removal,
soil erosion, sediment control, flood plain ordinances or tree removal,
resource extraction etcetera.
f.
Water Supply. Where water is accessible from a servicing utility,
the subdivider shall arrange for the construction of water mains in
such a manner as to make adequate water service available to each
lot or dwelling unit within the subdivision or development. The entire
system shall be designed in accordance with the requirements and standards
of the Township, County or State agency having approval authority
and shall be subject to their approval. The system shall also be designed
with adequate capacity and sustained pressure.
Where public water is not available, water shall be provided
by the lot owner on an individual well basis. Such wells shall be
designed in accordance with requirements and standards of the Township
or State agency having jurisdiction.
g.
Sanitary Sewers and Septic Systems.
1.
If a sewage treatment and distribution system is accessible, the
subdivider shall construct facilities in such a manner as to provide
adequate sewerage within the subdivision to transport all sewage from
each lot and the total development to the treatment and distribution
system. Where a proposed treatment and distribution system has been
approved by the municipal utilities authority and the system will
be accessible to the proposed subdivision, the subdivider shall install
dry sewerage designed to tie into the proposed facility upon its completion.
2.
Any treatment plant and collection system, including individual on-lot
septic systems, shall be designed in accordance with the requirements
of the State Department of Environmental Protection and Township Ordinances,
and shall comply with the water quality requirements of the Department
of Environmental Protection, Pinelands Commission, and Township Ordinances.
[Ord. #1985-8, A XI, § Q]
a.
Such report at the discretion of the Board shall accompany all preliminary
plats of major subdivisions, shall provide the information needed
to evaluate the effects of a proposed development upon the environment
and shall include data, be distributed, reviewed and passed upon as
follows:
1.
A description of the subdivision which shall specify what is to be
done and how it is to be done, during construction and operation.
2.
An inventory of existing environmental conditions at the project
site and in the immediate surrounding region which shall describe
air quality, water quality, water supply, hydrology, geology, soils
and properties thereof including capabilities and limitations, sewerage
systems, topography, slope, vegetation, wildlife habitat, aquatic
organisms, noise characteristics and levels, demography, land use,
aesthetics and history. Air and water quality shall be described with
reference to standards promulgated by the Department of Environmental
Protection and Pinelands Commission of the State of New Jersey and
soils shall be described with reference to criteria contained in the
Burlington Soil Conservation District Standards and Specifications.
3.
An assessment of the probable impact of the development upon all
items set forth in paragraph 2 above, plus the fiscal impact of the
municipality, including taxes to be paid and municipal services required.
As a direct result of the investigation made under the environmental
impact record, a listing shall be provided which shall be inclusive
stipulating the licenses, permits and approvals needed to be furnished
by State, County or municipal law. The status of these permits and
approvals shall also be included. During the preparation of the impact
record, the applicant shall contact all concerned Federal, State,
County or municipal agencies or officials adjacent thereto or affected
by the proposed development. The report shall include as a result
thereof the conclusions and comments of all concerned government officials
and agencies. All apropos correspondence between the applicant and
these officials and agencies shall be included in the report.
4.
A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air or water pollution,
increase in noise, damage to natural resources, displacement of people
and businesses, displacement of existing farms, increase in sedimentation
and siltation and increase in municipal services. Off-site impact
shall also be set forth and evaluated.
5.
A description of steps to be taken to minimize adverse environmental
impacts during construction and operation, both at the subdivision
site and in the surrounding region. Such description shall be accompanied
by necessary maps, schedules and other explanatory data as may be
needed to clarify and explain the action to be taken. The developer
or its consultants in overall charge of the environmental impact report
shall include therein all steps that the applicant or development
must undertake to successfully implement the report. Recommended steps
shall include a positive statement affirming the developer's
intent to undertake this work by using terms "shall be, must, etc."
6.
Upon completion of all reviews and public hearings, the Planning
Board shall either approve or disapprove the environmental impact
report as a part of its underlying function with respect to subdivision
review. In reaching a decision the Planning Board shall take into
consideration the effect of applicant's proposed subdivision
upon all aspects of the environment as outlined above as well as the
sufficiency of applicant's proposals for dealing with any immediate
or projected adverse environmental effects.
7.
Notwithstanding the foregoing, the Planning Board may, at the request
of an applicant, waive the requirement for an environmental impact
report if sufficient evidence is submitted to support a conclusion
that the proposed development will have a slight or negligible environmental
impact. Portions of such requirement may likewise be waived upon a
finding that the complete report need not be prepared in order to
evaluate adequately the environmental impact of a particular project.
[Ord. #1985-8, A XI, § R; Ord. #1990-3, § 2;
Ord. #1991-3, § 3; Ord. #2002-7, § 1]
The following provision shall only be applicable if 50% of the
lots in the proposed subdivision are one and one-half (1 1/2)
acres in area or less.
a.
In order to provide for the health, safety and general welfare of
the public, all subdivision which will result in five or more dwelling
units shall set aside no less than 10% of the total area of subdivision
for off-street recreation and/or play area. This 10% shall not include
easement or right-of-way areas. The location, form and design of such
areas shall be approved by the Planning Board. The area specifically
designated for recreation purposes shall be fully usable for that
purpose and shall have all improvements as required by this Chapter.
Wherever possible, recreation sites should be located adjacent to
school sites. In the case of large subdivisions, consideration should
be given to decentralizing several smaller recreational areas throughout
the development. The method of preserving such areas for recreation
open space, whether by easement, deed restriction, dedication, homeowner
association type, or other means shall be approved by the Planning
Board.
In the selection of the location of such open spaces, consideration
shall be given to the preservation of natural features.
b.
The developer shall install as a minimum the following recreational
facilities on the land which has been set aside for recreation purposes:
|
Dwelling Units
|
Tot Lot
|
Tennis Courts
|
Basketball Courts
|
Multi-Purpose Field
|
|---|---|---|---|---|
|
5—50
|
1
|
1
| ||
|
51—100
|
1
|
1
| ||
|
101—150
|
1
|
1
|
1
| |
|
151—200
|
2
|
1
|
2
| |
|
201—250
|
2
|
1
|
2
|
1
|
|
plus 1 for every 100 units or fraction thereof
|
plus 1 for every 200 units or fraction thereof
|
plus 1 for every 125 units or fraction thereof
|
plus 1 for every 200 units or fraction thereof
|
|
Prior to preliminary approval, the applicant shall submit, for
approval by the Engineer, manufacturer's descriptive data and
supporting information of all recreational equipment. All equipment
shall be "Mexico Forge" or of equal quality.
|
c.
Tot Lots. Tot lots shall be a minimum size of fifty (50') feet
x fifty (50') feet (exclusive of area required for fencing and
screening or other ancillary facilities) and shall contain, as a minimum,
the following improvements:
1.
Four (4') foot high chain link fence with gate and screening
bordering residential properties.
2.
Two benches.
3.
Two table and bench sets.
4.
Ground under and adjacent to play equipment to be covered with six
(6") inches sand.
5.
One swing set.
6.
One merry-go-round (ten (10') foot diameter minimum).
7.
One jungle gym.
8.
One sand box (minimum size twenty (20') feet x twenty (20')
feet).
d.
Tennis Courts. Tennis courts shall be regulation size and shall contain,
as a minimum, the following requirements:
1.
Two 3/4:O.D. posts set in concrete with heavy duty cotton twine net
with canvas binding.
2.
The courts shall be surrounded with twelve (12') foot high chain
link fence and buffer plantings as approved by the Planning Board.
3.
One bench per court.
4.
Night lighting with timers.
5.
The courts shall be four (4") inches of bituminous stabilized base
course on a properly prepared subgrade accepted by the Township Engineer,
one and one-half (11/2") inches FABC leveling course, and a one (1")
inch SP-1 top course, and shall be coated with colored sealer. The
sealer shall be "Laykold" as manufactured by Chevron, or an equivalent
as approved by the Township Engineer.
e.
Basketball Courts. Basketball courts shall be a minimum size of thirty-five
(35') feet x sixty (60') feet and shall contain as a minimum
the following requirements:
1.
Two regulation backstops with nets.
2.
The courts shall be four (4") inches of bituminous stabilized base
course on a properly prepared subgrade acceptable to the Township
Engineer, and a one and one-half (1 1/2") inches FABC top course,
and shall be coated with colored sealer. The sealer shall be "Laykold"
as manufactured by Chevron, or an equivalent as approved by the Township
Engineer.
3.
Night lighting with timers.
f.
Multi-Purpose Fields. Multi-purpose fields shall be a minimum size
of two hundred fifty (250') feet x four hundred twenty (420')
feet (exclusive of area required for fencing, screening, parking facilities,
or other ancillary facilities) and shall contain, as a minimum, the
following improvements:
g.
Bikeways and Pedestrian Paths.
1.
General Standards. The Township of Tabernacle encourages the appropriate
and efficient use of land, the development of appropriate transportation
systems, and the promotion of a desirable, visual environment through
creative development techniques, and establishes the policy that a
coordinated bikeway and pedestrian path system be developed within
the community.
2.
Regulations. Bikeway or pedestrian ways shall be required at the
Reviewing Board's discretion depending on the probable volume
of bicycle and foot traffic, the development's location in relation
to other populated areas, or its location with respect to any overall
bike or pedestrian route plan adopted by the Township. Bicycle traffic
shall be separated from motor vehicle and pedestrian traffic as much
as possible. Bikeways and pedestrian paths shall generally not exceed
a grade of 3%, except for short distances and they should be a minimum
of five (5') feet wide for one-way and eight (8') feet wide
for two-way travel. Bikeways shall have a minimum four (4") inch base
of crushed stone on the subgrade and a two (2") inch FABC-1 surface
course. Where separate bike paths intersect streets, the curbing shall
be ramped for bicycle access to the street grade. Bikeways designated
for one-way travel shall only be located along streets. Minimum width
for bikeways built in locations other than along streets is eight
(8') feet. The Reviewing Board may, where promotion of proper
design would suggest, modify the construction standards set forth
above to require less stringent requirements to provide for the harmonious
development of a project.
3.
Adoption of Typical Design Specifications. The Township Committee
shall have the power from time to time to adopt by resolution plans
which indicate typical design specifications or suggested design criteria
to augment and supplement the specifications heretofore established.
Upon adoption of the resolution and filing of the plans with the Administrative
Officer they shall constitute review standards for applications for
development.
h.
Recreation facilities are required based on the number of dwelling
units for the project as is set forth in this Code. Where two or more
developments are proposed for construction or are in the process of
construction, which developments are either adjacent to one another
or are in close proximity to one another, the number of dwelling units
in the two developments shall be added together to determine the type
of recreation facilities needed for the area, and the responsibility
for providing and constructing the recreation facilities so determined
shall be allocated proportionately between or among the developments.
i.
Monetary Contribution. In lieu of construction of the required recreation
facilities for the development and the dedication of open space, the
developer may make a contribution to the Township's recreation
fund for all or part of said facilities. The contribution in lieu
of construction and dedication shall be $3,000 per dwelling unit.
All contributions to the recreation fund shall be used only for that
purpose and shall be administered in accordance with the requirements,
rules and regulations governing the recreation fund.
[Ord. #1985-8, A XI, § S]
[Ord. #1985-8, A XII, § 1]
The following procedures shall be followed for obtaining final
subdivision approval.
a.
The original tracing, one translucent tracing cloth copy, two cloth
prints, three black on white prints and three copies of the application
form for final approval shall be submitted to the Administrative Officer
of the Planning Board at least 14 days prior to the date of a regular
Planning Board meeting. Unless the preliminary plat is approved without
changes, the final plat shall have incorporated all changes or modifications
required by the Planning Board.
b.
The final plat shall be accompanied by a statement by the Township
Engineer that he is in receipt of a map showing all utilities in exact
location and elevation identifying those portions already installed
and those to be installed and the subdivider has complied with one
or both of the following:
1.
Installed all improvements in accordance with the requirements of
the regulations, or,
2.
A performance guarantee has been posted in sufficient amount to assure
the completion of all required improvements.
3.
An escrow deposit in the amount equal to 6% of the estimated cost
of construction of the bondable improvements as determined by the
Township Engineer have been posted with the Township Clerk.
c.
Any plat which requires County Planning Board approval pursuant to
R.S. 40:27-62.3 shall be forwarded to the County Planning Board for
its action prior to final approval by the Planning Board.
d.
If the Planning Board approves the final plat, a notation to that
effect shall be made on each plat and shall be signed by the Chairman
and the Secretary of the Planning Board.
e.
The Planning Board shall act upon a complete submission of a final
plan within 45 days or such further time as may be agreed to by the
applicant. Failure to act within this time shall be deemed to be favorable
approval and the Secretary shall issue a certificate to that effect
at the request of the applicant.
f.
The Planning Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established below for final approval, the
conditions of preliminary approval and all standards prescribed by
the "Map Filing Law," 46:23-9.9 et seq.;
g.
The final plat shall not be accepted for filing by the County Recording
Officer unless it has been duly approved by the Planning Board and
signed by the Chairman and Secretary.
[Ord. #1985-8, A XIV, § 2]
a.
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one (1") inch equals one hundred (100') feet
and in compliance with all the provisions of Chapter 358 of the Laws
of 1953. The final plat shall show or be accompanied by the following:
1.
Date, name and location of the subdivision, name of owner, graphic
scale and reference meridian.
2.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines; with accurate dimensions,
bearings or deflection angles, and radii, arcs, and central angles
of all curves.
3.
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
4.
Each block shall be numbered, and the lots within each block shall
be numbered consecutively beginning with number one.
5.
Minimum building setback line on all lots and other sites.
6.
Location and description of all monuments.
7.
Names of owners of adjoining unsubdivided land.
8.
Certification by engineer or surveyor as to accuracy of details of
plat.
9.
Certification that the applicant, his agent or owner of the land,
or that the owner has given consent under an option agreement.
10.
When approval of a plat is required by an officer or body of such
a municipality, County or State, approval shall be certified on the
plat.
11.
Cross sections and profiles of streets, approved by the municipal
engineer may be required to accompany the final plat.
12.
Contours at five (5') feet intervals for slopes averaging 10%
or greater and at two (2') feet intervals for land of lesser
slope.
13.
Plans and profiles of storm and sanitary sewers and water mains.
14.
Certificate from tax collector that all taxes are paid to date.
[Ord. #1985-8, A XIII, § 1; Ord.
No. 2018-5 § 4]
a.
No final plat or plan shall be approved by the Board until the complete
and satisfactory installation of all items required by N.J.S.A. 40:55D-53,
as modified by P.L.2017, c.312 and the inspection, certification and
approval of such items by the Township Engineer and acceptance by
the Township Committee in accordance with the requirements of this
section, or their installation shall have been provided for by a performance
guarantee accepted and approved by the Township Committee in accordance
with the requirements of this section. No maintenance guarantee shall
be accepted nor shall any partial facility be accepted for any item
which has further stages of work to be completed or which will need
to be altered or reworked in any manner due to the installation or
connection of any other facility. Any improvements included on a plat
or plan and installed prior to final plat application that do not
meet Township standards shall be added to the performance guarantee
in accordance with N.J.S.A. 40:55D-53, as modified by P.L.2017, c.312.
b.
In accordance with N.J.S.A. 40:55D-53, as modified by P.L.2017, c.312,
the Township requires any performance guarantee to include, within
an approved phase or section of a development privately-owned perimeter
buffer landscaping, as required by local ordinance or imposed as a
condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately-owned perimeter
buffer landscaping.
c.
A performance guarantee estimate shall be submitted to the Board
by the Township Engineer as part of his report on each plat or plan
or section submitted for final plat review completely detailing the
material and work required for the subdivision improvements and an
estimated cost of providing them. The Board may request the Township
Engineer to review and update the estimate from time to time as required.
d.
The proposed performance guarantee accompanying the final plat shall
be submitted to the Board by the developer. The Board shall review
the proposed performance guarantee and submit it to the Township Engineer
and Township Attorney for recommendations as to accuracy and form
and then to the Township Committee for approval and acceptance by
resolution. Final approval shall not be deemed to be complete nor
shall any plans be signed until the performance guarantee has been
accepted and approved by the Committee.
1.
The performance guarantee shall run in favor of the municipality
in an amount not to exceed 120% of the costs of installation for improvements
in accordance with N.J.S.A. 40:55D-53 as estimated by the Township
Engineer. The form for the performance guarantee shall be approved
by the Township Attorney as to its legal sufficiency. The Township
Committee shall have the power to accept in such form and with such
surety as is acceptable to them.
The developer shall post, prior to the release of a performance
guarantee, as required, a maintenance guarantee posted with the Township
in an amount not to exceed 15% of the costs of the installation of
private site improvements in accordance with N.J.S.A. 40:55D-53 which
costs shall be calculated according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4.
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
2.
The performance guarantee shall be held, used or released in accordance
with the provisions of N.J.S.A. 40:55D-53.
e.
The Township Clerk shall notify the Secretary of the Planning Board
and the Township Engineer prior to the Board's next regular meeting
that the performance guarantee has been approved and accepted by the
Township Committee.
f.
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," (TCOG) in favor of the Township in an amount
equal to 120% of the cost of installation of only those improvements
or items (including both private onsite and to be publicly dedicated)
which remain to be completed or installed under the terms of the temporary
certificate of occupancy and which are required to be installed or
completed as a condition precedent to the issuance of the permanent
certificate of occupancy for the development, unit, lot building or
phase of development and which are not covered by an existing performance
guarantee. Upon posting of a "temporary certificate of occupancy guarantee,"
all sums remaining under a performance guarantee, required pursuant
to paragraph a above, which relate to the development, unit, lot,
building, or phase of development for which the temporary certificate
of occupancy is sought, shall be released. No same item may be included
in multiple performance bonds. The scope and amount of the "temporary
certificate of occupancy guarantee "shall be determined by the Municipal
Engineer. The TCOG shall be released by the Municipal Engineer upon
the issuance of a permanent certificate of occupancy with regard to
the development, unit, lot, building or phase as to which the temporary
certificate of occupancy relates, upon submission of a Maintenance
Guarantee.
g.
A developer shall furnish to the Township a "safety and stabilization
guarantee" in favor of the Township. At the developer's option,
a "safety and stabilization guarantee" may be furnished either as
a separate guarantee or as a line item of the performance guarantee.
A "safety and stabilization guarantee" shall be available to the Township
solely for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition,
only in the circumstances that: (i) site disturbance has commenced
and, thereafter, all work on the development has ceased for a period
of at least 60 consecutive days following such commencement for reasons
other than force majeure, and (ii) work has not recommenced within
30 days following the provision of written notice by the Township
to the developer of the Township's intent to claim payment under
the guarantee.
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows: $5,000 for the first $100,000 of
bonded improvement costs, plus two and a half (2 1/2%) percent
of bonded improvement costs in excess of $100,000 up to $1,000,000,
plus one percent of bonded improvement costs in excess of $1,000,000.
The Township shall release a separate "safety and stabilization
guarantee" to a developer upon the developer's furnishing of
a performance guarantee which includes a line item for safety and
stabilization in the amount required under this paragraph.
The Township shall release a "safety and stabilization guarantee"
upon the Municipal Engineer's determination that the development
of the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
h.
All improvements and utility installations shall be inspected during
the time of their installation under the supervision of the Township
Engineer to insure satisfactory completion. The Township Engineer
shall be notified by the developer at least three days in advance
of the start of construction. The cost of the inspection shall be
the responsibility of the developer and he shall post the inspection
fees in escrow with the Township Treasurer in an amount as follows:
1.
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of the bonded improvements that are subject
to a performance guarantee under section a above; and
2.
Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee under paragraph a above, which
cost shall be determined in accordance with N.J.S.A. 40:55D-53.4.
This deposit shall be in addition to the amount for the performance
guarantee.
If the inspection costs exceed such funds, the developer shall
deposit with the Township Treasurer additional sums in escrow upon
delivery of a written inspection escrow deposit request, signed by
the Township Engineer detailing the items or undertakings that require
inspection, estimates of the time required for those inspections and
estimates of the cost of performing those inspections. All inspection
fees shall be determined in accordance with the Engineer's prevailing
hourly rate on file with the Township Clerk.
i.
In no case shall any paving work, including prime and seal coats,
be done without permission from the Township Engineer prior to any
such construction so that a representative of the Township Engineer's
Office may be present at the time the work is to be done. No underground
installation shall be covered until inspected and approved. The Township
Engineer's Office shall be notified after each of the following
phases of work has been completed so that he or a qualified representative
may inspect the work; road subgrade, curb and gutter forms; curbs
and gutters; road paving, after each coat in the case of priming and
sealing; drainage pipes and other drainage structures before back
filling; shade trees and planting strips; street name signs; and monuments.
Electrical, gas and telephone utility distribution supply lines installed
by the utility companies are exempt from the above requirements. Occupancy
permits will be issued only when the installation of curbs, utilities,
functioning water supply and sewage treatment facilities, necessary
storm drainage to insure proper drainage of the lot and surrounding
land, rough grading of lots, base course for the driveway, and base
course for the streets are installed to serve the lot and structure
for which the permit is requested. Streets, if installed prior to
final approval, shall not be paved until all heavy construction is
completed. Shade trees shall not be planted until all grading and
earth moving is completed. Seeding of grass areas in season shall
be the last operation.
j.
Inspection by the Township of the installation of improvements and
utilities by the developer shall not subject the Township to liability
for claims, suits or liability of any kind that may arise because
of defects or negligence, it being recognized that the responsibility
to provide proper utilities and improvements and to maintain safe
conditions at all times on all parts of the tract whether construction
is waiting to start, is in progress, or is completed, or any combination
of conditions on all or part of the tract is upon the developer and
his contractors or subcontractors if any.
k.
After completing the construction of the proper improvements covered
by the performance guarantee, the developer shall prepare two sets
of the proper improvements and utility plans and the profile amended
to read "as constructed" and shall apply to the Township Committee
for final inspection of work. The Township Committee shall then proceed
to act upon said request in accordance with the provisions of N.J.S.A.
40:55-D.53 (d) (e) and (f).
l.
The Township Committee shall by resolution, release, extend, or declare
in default, in whole or in each performance guarantee. Such performance
guarantee shall remain in effect until released by the Committee.
The amount of the performance guarantee may be reduced by the Committee
by resolution when portions of the required improvements have been
installed and have been inspected and approved by the Township Engineer
provided that no such reduction shall be approved until the Township
Engineer shall have certified the estimated cost of completing any
remaining required improvements and provided further that no reduction
shall be approved that will result in the performance guarantee or
any portion of the performance guarantee being reduced to less than
15% of the original cost of any improvement until all improvements
have been completely installed, approved and accepted by the Township
Committee and a maintenance guarantee secured as outlined below. If
any improvements have not been installed in accordance with the performance
guarantee, the obligor and surety shall be liable thereon to the Township
for the reasonable cost of completing the improvement.
[Ord. #1985-8, A XIII, § 2]
The approval of any plat under the provisions of this Chapter
by the Board shall in no way be construed as acceptance of any street,
drainage shall in no way be construed as a drainage system or other
improvement required by this Chapter, nor shall such plat approval
obligate the Township in any way to maintain or exercise jurisdiction
over such street, drainage system or other improvement. Acceptance
of any street, drainage system or other improvement shall be implemented
only by favorable action by the Township Committee. No improvement
shall be accepted by the Township Committee unless and until all of
the following conditions have been met:
a.
The Township Engineer shall have certified in writing that all the
improvements are complete and that they comply fully with the requirements
of this Chapter and of other applicable local ordinances.
b.
The subdivider shall have filed with the Township Committee and the
Township Committee shall have accepted and approved a maintenance
guarantee of not more than 15% of the original estimate of the cost
of installing the improvements and shall run for a period of two years.
The final amount of the maintenance guarantee shall be based on the
recommendation of the Township Engineer which shall consider, among
other things, the length of time the improvement has been installed
prior to filing of the maintenance guarantee. The procedures and requirements
governing such maintenance guarantee shall be identical to the procedures
and requirements for a performance guarantee set forth in this section.
[Ord. #1985-8, A XIV, § 1; Ord. #1997-7, § 4;
Ord. #1997-9, § 3]
Site development plans shall be so designed as to enhance the
general appearance of the Township, the harmonious use of the land,
and to encourage development and design consistent with the purpose
of the Zoning Ordinance.
a.
Required Site Plan Approval. Site plan approval shall be required
before any initiation or change of use or before any excavation, removal
of soil, clearing of the site or placing of any fill on lands, construction
of parking areas or ponds, commencement of forestry operations, continuation
or commencement of resource extraction activities, and other land
development except for agricultural purposes. Except as hereinafter
provided, no building permit shall be issued for any building or use,
or reduction or enlargement in size of any building, or change in
use of any building unless a site plan is first submitted and approved
by the Planning Board of the Township and no certificate of occupancy
shall be given unless all construction and development conforms to
the plans as approved by the Planning Board.
b.
Site Plan Approval Not Required. Site approval shall not be required
for any subdivision or individual lot application for detached one
or two dwelling unit buildings or for such accessory uses as a private
garage, toolhouse, gardens and private greenhouses incidental to residential
use, nor shall site approval be required for any pole barn or temporary
greenhouse erected in conjunction with a residential or agricultural
use; but this shall not limit the requirements for submission of subdivision
plans for subdivision approval as otherwise provided in the Township
Ordinances.
c.
Site Plan Waiver.
1.
Any applicant may request a waiver from site plan review as required
under the terms of this Chapter providing applicant's site plan
involves:
(a)
Conditions for existing buildings;
(1)
An existing building;
(2)
No new construction;
(3)
No extension of the on-tract parking requirements;
(4)
No change in the existing drainage;
(5)
Building has undergone a site plan review submission and approval
within the last five years;
(6)
There are no paving, parking, drainage, landscaping or lighting
problems associated with the site.
(b)
Construction or use for agricultural purposes. Construction
of a building or use of premises for agricultural purposes, this construction
or use not covered in the exemptions set forth above.
2.
Notwithstanding the above, site plan waivers shall not be granted
for commercial forestry operations or the continuation of resource
extraction operations.
3.
A change in use that meets the requirements of paragraph c, 1(a)
above may be submitted as a site plan waiver. Should the Board find
the request for waiver to be inappropriate, the matter shall be subject
to review as a minor site plan submission. All fees and escrows will
be applied from the waiver application to the minor site plan submission.
d.
Minor Site Plan Submission; Definition and Required Data.
1.
Definition. For site development which is not large in scale but
which does not qualify for site plan waiver, submission as a minor
site plan shall be permitted. A minor site plan shall be defined as:
2.
Required Data. The required data to support a minor site plan application
is as follows:
(a)
A plan which may be drawn by the applicant;
(b)
A plan showing all existing improvements on the site;
(c)
The plan to show those improvements to be constructed;
(d)
The plan to show north arrow or north point;
(e)
The plan to contain a scale;
(f)
The plan to show the zoning district in which the property is
located;
(g)
Proof that a duplicate copy of the application has been filed
with and received by the Pinelands Commission.
e.
Site Plan Procedure and Required Data.
1.
A preliminary site plan as herein required shall be submitted in
six copies to the Administrative Officer of the Planning Board at
least 14 days prior to a scheduled meeting of the Planning Board.
All site plans shall comply with the requirements hereinafter set
forth and shall contain the following information and data:
2.
Scale not less than one (1") inch equals fifty (50') feet regardless
of the size of the land development and the plans shall conform to
one of the following sizes: 8 1/2" x 13", 15" x 21", 24" x 36"
or 30" x 42".
3.
All site plans submitted to the Tabernacle Township Planning Board
shall contain or be accompanied by the following minimum information:
(a)
Date of preparation, north arrow, graphic scale, County Route
number, and street names;
(b)
The name of the land development and the municipality in which
it is located;
(c)
The names and addresses of the owner and the developer of the
property as well as the name, address, title and seal of the person
preparing the plan, maps and accompanying data;
(d)
A statement of the area of the proposed land development to
the nearest tenth of an acre;
(e)
A statement of the proposed number of units;
(f)
A key location map of the land development area at a scale of
not less than one (1") inch equals two thousand (2,000') feet.
This shall show the entire site area and lots contiguous to it which
are in the same or related ownership as the land development;
(g)
The municipal tax map sheet, block and lot number;
(h)
The location of existing buildings and structures and building
setback lines from streets;
(i)
The location, size and nature of all existing and proposed roads
within and abutting the land development. If additional R.O.W. is
to be dedicated to the County of Burlington, a note stating: "Additional
R.O.W. is to be dedicated to Burlington County for road widening purposes"
shall appear on the plan, or to the municipality if a road is under
its jurisdiction;
(j)
Profiles and typical cross sections of proposed streets;
(k)
Cross sections of water courses at an appropriate scale;
(l)
Methods used to stabilize slopes and control erosion and siltation
for ditches, streams, or brooks. The location and general extent of
wooded areas, bodies of water and other physical features, including
the location of fresh water wetlands and soil types;
(m)
Boundaries of flood plains of water bodies (if defined) within
the land development. Where defined, these should correspond to the
"floodway" and "flood hazard areas" commonly designated by the New
Jersey Department of Environmental Protection (N.J.D.E.P.), although
other approved criteria may be used where these are lacking;
(n)
Existing and proposed signs, lighting standards, utility poles,
and trees of eight (8") inch caliper and larger within rights-of-way,
except in heavily wooded areas;
(o)
Location and extent of all easements, along with a statement
of the use and owner thereof;
(p)
A sediment and erosion control plan for areas which affect a
Township road and/or Township drainage;
(q)
All existing or proposed storm water drainage systems within
or adjacent to the land development showing size, type, location and
profile of lines, manholes, inlets, dry wells, detention basins, plus
all supporting design data;
(r)
Existing and proposed sanitary sewerage collection facilities;
(s)
Type and number of driveways;
(t)
The zoning district in which the land development is located.
Lands to be dedicated or reserved for public use shall be clearly
indicated;
(u)
All political boundary lines;
(v)
Where work is to be done in the Township R.O.W., a detailed
plan at a scale of not less than one (1") inch equals thirty (30')
feet showing the layout of any intersection including driveways to
a Township road. This plan shall show the following:
(1)
Existing elevations of the centerline of the road every twenty-five
(25') feet to extend one hundred (100') feet beyond the
property line or intersection pavement transition.
(2)
Proposed elevations of the curb gutter and top of curb every
twenty-five (25') feet along the road.
(3)
Half cross sections every fifty (50') feet and at critical
points along the road, and spot elevations at the center line, edge
of pavement and proposed curbline along the road.
(w)
A clear statement of the use proposed.
(x)
The location, type and size of all existing or proposed curbs,
sidewalks, driveways, fences, landscaping, retaining walls, parking
space areas and off-street loading areas, together with the dimensions
and layouts of all the foregoing on the site in question.
(y)
Standard details, i.e., proposed inlets, curbs, headwalls, manholes
and typical cross sections; i.e., streets, channels, detention basins.
(z)
Accurate delineation of flood plain or restricted areas must
be shown on the plan.
(aa)
Accurate delineation of Federal Flood Hazard Zone.
(bb)
Except for those minor site plans, which shall comply with the
application requirements of paragraph d of this subsection, site plans
which qualify as minor or major development under this Chapter shall
also include the following:
(cc)
The plan must show existing soil conditions, test borings and
percolation tests.
f.
Site Plan Information. Each site plan shall have the following information
shown thereon or annexed thereto:
1.
Building and Use Plan. This plan shall show the size, height, location,
arrangement and use of all existing and proposed structures and signs
including proposed total building coverage in acres or square footage,
as well as percent of the lot coverage, with an architect's scaled
elevations of the front, side and rear of any structure and sign to
be erected or modified to the extent necessary to apprise the Planning
Board of the scope of the proposed work. Any existing structures on
the site shall be identified either to remain or be removed. A written
description of the proposed use and operations of the building including
the number of employees or members of nonresidential buildings; the
proposed number of shifts to be worked and maximum employees on emission
of noise, glare, vibration, heat, odor, air and water pollution; safety
hazards; and anticipated expansion plans incorporated in the building
design shall be included. Floor plans shall be submitted.
2.
Circulation Plan. This plan shall show access streets and street
names, acceleration and deceleration lanes, curbs, aisles and lanes,
access points to public streets, sight triangles, traffic channelization,
easements, fire lanes, driveways, number and location of parking and
loading spaces, loading berths or docks, pedestrians walks, and all
related facilities for the movement and storage of goods, vehicles
and persons on the site and including lights, lighting standards,
signs and driveways within the tract and within one hundred (100')
feet of the tract. Sidewalks shall be shown from each entrance-exit
along expected paths of pedestrian travel such as, but not limited
to, access to parking lots, driveways, other buildings on the site,
and across common yard areas between buildings. Plan shall be accompanied
by cross sections of new streets, aisles, lanes, driveways, sidewalks
and bikeways. Any expansion plans for the proposed use shall show
feasible parking and loading expansion plans to accompany building
expansion.
3.
Landscaping and Environmental Plan. This plan shall show existing and proposed wooded areas, buffer areas including the intended screening devices and buffers, grading at two (2') foot contour intervals inside the tract and within fifty (50') feet of its boundaries, seeded or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees, and other landscaping features. These plans shall show the location and type of man-made improvements and the location, species, and caliber of plant material and trees to be located on the tract. All portions of the property utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn areas, ground cover, rock formations, contours, existing foliage, and the planting of coniferous and/or deciduous trees as in the shade tree list set forth by the Township in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. Lawn seed or sod or ground cover areas shall be established on a minimum of four (4") inches of topsoil. Topsoil shall be clear of debris and of good quality. Grasses shall be from a seed mix and be relatively free of noxious weeds. All landscaping plans shall incorporate the elements set forth in subsection 17-35.1d, Vegetation and Landscaping, of Chapter 17, Zoning. All plant material types shall be approved for use. Consideration shall be given to exposure, drainage, maintenance, and pollutants such as salt. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities, and landscaping shall be coordinated to prevent erosion and siltation, as well as assuring that the capacity of any material or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas. The environmental impact report called for shall accompany the landscaping and environmental plan.
4.
Facility Plan. This shall show the existing and proposed locations
of all drainage; open space; common property; fire, gas, electric,
telephone, sewerage and water line locations; and solid waste collection
and disposal methods including proposed grades, sizes, capacities,
and materials to be used for facilities installed by the applicant.
Installations by utility companies need only show their sizes and
locations on the plan. All easements acquired or required on the tract
and cross adjacent properties shall be shown and copies of legal documentation
that support the granting of an easement by an adjoining property
owner shall be included. The method of sanitary waste disposal shall
be shown. All proposed lighting shall be shown including the direction,
angle, height and reflection of each source of light. All utilities
shall be installed underground. All required State and Federal approvals
for environmental considerations shall be submitted prior to site
plan approval. Drainage facilities shall include facilities to comply
with the storm water run-off provisions of this Chapter.
g.
Purpose. The standards noted above shall be for the general purposes
of enhancing the neighborhood; providing adequate access to off-street
parking and loading facilities for employees, visitors and residents;
providing buffering techniques for safety or aesthetic purposes; preventing
uses which violate applicable State and Federal safety and environmental
regulations; preserving floodways and flood hazard areas; and requiring
that all raw materials, fuel, goods in, process, finished goods, machinery
and equipment shall be housed or screened from residential uses.
h.
Time Allowed for Planning Board Action. In the event the application
for preliminary site plan approval complies with the foregoing requirements
and the provisions of the Municipal Land Use Act, the Planning Board
shall grant preliminary site plan approval. In the case of the submission
of a preliminary site plan for 10 acres of land, or less, and 10 dwelling
units or less, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of the submission of a complete
plan or within such further time as may be consented to by the developer.
In the case of a plan for 10 acres or more then 10 dwelling units,
the Planning Board shall act thereon within 95 days of the submission
of a complete plan or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval of the site plan.
Final approval shall be granted or denied within 45 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 prescribed period
shall constitute final approval.
No final approval of a site plan shall be granted until notice is received from the Pinelands Commission pursuant to subsection 16-5.6.
i.
Guarantees.
1.
As part of the requirements for the complete submission of a final site plan, the applicant shall tender to the Township a performance guarantee for all improvements required which involve improvements in public rights-of-way; improvements extending utility and drainage facilities within the site; lighting; curbing and paving, storm drainage, landscaping and conditions involving the control of storm water runoff; soil removal grading and soil erosion and sedimentation control; and any other improvements required by the Planning Board. The approval of a site plan shall be incomplete until receipt of a performance guarantee secured in the same manner prescribed for performance guarantees in Section 16-13. In appropriate circumstances, the Planning Board can require the performance guarantee to be posted as a condition of final site plan approval but prior to the issuance of a building permit or the performance of any work by the applicant in accordance with the approval.
2.
Prior to the issuance of a certificate of occupancy, the filing of
a maintenance guarantee with the Township covering all items included
under the performance guarantee shall be required. The maintenance
guarantee shall be for an amount approved by the Township Committee
upon the advice and recommendation of the Township Engineer, but for
an amount not more than 15% of the original estimate of the cost of
installing the improvements. The maintenance guarantee shall run for
a period of two years.
3.
All improvements and utility installations shall be inspected during
the time of their installation under the supervision of the Township
Engineer to insure satisfactory completion. The Township Engineer
shall be notified by the subdivider at least three days in advance
of the start of construction. The cost of the inspection shall be
the responsibility of the applicant and he shall deposit with the
Township Treasurer cash equal to 6% of the amount of the performance
guarantee estimate prior to beginning construction, but an amount
not less than $250. If the inspection costs exceed such funds, the
applicant shall deposit with the Township Treasurer additional sums
upon notice from the Township Engineer and approval of the Township
Committee. All inspection fees shall be determined in accordance with
the Engineer's prevailing hourly rate on file with the Township
Clerk. Any balance remaining in such account upon completion of all
improvements required in connection with a site plan approval and
the posting of the necessary maintenance guarantee therefor shall
be returned to the developer.
[Ord. #1985-8, A XV, § 1]
The Planning Board when acting upon applications for preliminary
or minor subdivision approval shall have the power to grant such exceptions
from the requirements for subdivision approval as may be reasonable
and with the general purpose and intent of the provisions for subdivision
review and approval contained in this Chapter, if the literal enforcement
of one or more provisions of the Chapter is impracticable or will
exact an undue hardship because of peculiar conditions pertaining
to the land in question.
[Ord. #1985-8, A XV, § 2]
The Planning Board when acting upon applications for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements for site plan approval as may be reasonable and within
the general purpose and intent of the provisions for site plan review
and approval contained in this Chapter, if the literal enforcement
of one or more provisions of the Chapter is impracticable or will
exact an undue hardship because of peculiar conditions pertaining
to the land in question.
[Ord. #1985-8, A XVI, § 1]
a.
Transfer or sale or agreement to transfer or sell as owner or agent
any land which forms part of a subdivision for which municipal approval
is required by this Chapter, except as otherwise provided by the Act,
shall subject the offender to the penalties and sanctions provided
by the Act.
b.
Any owner or agent, and any person or corporation who shall violate any other provision of this Chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings, or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall upon conviction be liable to the penalty as established in Chapter 1, Section 1-5.
c.
The owner of any building or structure, lot or land, or part hereof, where anything in violation of this Chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of any such violation shall each be guilty of a separate violation, and upon conviction thereof shall each be liable to the fine or imprisonment, or both, specified in Chapter 1, Section 1-5.
Should construction, building, excavation, clearing or use of
structure or property, take place that is not in accordance with the
approvals granted by the reviewing authority and required by any development
ordinance, or without fulfillment or compliance with the conditions
imposed by such approvals, such deviation shall be considered a violation
of this Chapter. If, within ninety five (95) days of notification
and demand by the Township, the applicant has failed to pay the fees
and escrows required by this Chapter or, the applicant has failed
to pay the inspection fees assessed pursuant to N.J.S.A. 40:55D-53(h),
a violation of this Chapter shall be deemed to have occurred.
[Ord. #1985-8, A XVI]
a.
No application for development shall be deemed complete if there
are outstanding, uncollected, fees and escrows resulting from past
application or prior submissions involving the property in question
or any part thereof, including the base tract, and no application
shall be deemed complete if there are outstanding taxes.
b.
A proof of payment of taxes shall be a prerequisite of certification
as a complete application. No date for hearing shall be set until
the Administrative Officer of the Board certifies the application
as complete.
In addition, proof of payment of taxes and the payment of past
due fees, taxes and escrows as are set forth above, a complete application
shall consist of the following:
[Ord. #1985-8, A XVI]
a.
No person shall occupy any land or building until he obtains a certificate
of occupancy. The certificate shall be issued by the Construction
Official only if the Zoning Officer is satisfied that the completed
structure or land alteration for which the zoning permit was issued
complies with the application for the permit and this Chapter. Applications
for permits shall be made on forms approved by the Township Committee.
b.
All applications for preliminary plat approval of a major subdivision
shall be conducted as a public hearing with notice, publication and
procedure requirements meeting those set forth in the Municipal Land
Use Law. In addition thereto, service in the aforesaid form shall
be made upon the Pinelands Commission in the same form, within the
time periods, and in accordance with all other requirements for notice
of the Municipal Land Use Law.
[Ord. #1985-8, A XVI; Ord. #2009-1, § 2]
The Zoning Officer is charged with the primary duty of enforcement
of this Chapter. Any citizen of the Township may bring a proceeding
in Municipal Court alleging a violation of the Chapter. Any administrative
violation of this Chapter including nonpayment of fees, escrows, inspection
fees or other costs, may be enforced by the Administrative Officer
of the Township by instituting a proceeding in the Municipal Court
of the Township alleging a violation of this Chapter.
[1]
Editor's Note: Former subsection 16-6.4, Fees, previously
codified herein and containing portions of Ordinance Nos. 1985-8,
1991-8, 1995-5, 1997-7 and 2002-8, was repealed in its entirety by
Ordinance No. 2009-1.
[Ord. #1985-8, A XVII, I]
All Ordinances or parts of Ordinances inconsistent with this
Chapter are hereby repealed to the extent the Ordinances are inconsistent
with the provisions hereof.
[Ord. #1985-8, A XVII, 2]
In the event that any section or part of this ordinance shall
be declared to be unconstitutional, invalid or inoperative, in whole
or in part, by a court of competent jurisdiction, the section or part
shall, to the extent that it is not unconstitutional, invalid, or
inoperative, remain in full force and effect and no such determination
shall be deemed to invalidate the remaining sections or parts of this
Chapter, or the Chapter as a whole.
[Ord. #1985-8, A XVII, 3]
This Chapter shall take effect upon final adoption, filing of
a copy therewith with the Burlington County Planning Board, review
and approval by the Pinelands Commission, and publication of notice
of such final adoption, filing and approval.
