The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision in the
Township of Springfield in order to promote the public health, safety,
convenience and general welfare of the Township. It shall be administered
to ensure the orderly growth and development, the conservation, protection
and proper use of land and adequate provisions for circulation, utilities
and services.
The provisions of this chapter shall be administered
by the Planning Board, and in appropriate cases, the Zoning Board
of Adjustment in accordance with the Municipal Land Use Law of 1975,
as amended.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
For the purpose of this chapter, the terns used
herein are defined as follows:
The Secretary of the Planning Board or the Zoning Board of
Adjustment, as the case may be.
The average number of cars per day that pass over a given
point.
The traveled way by which cars enter and depart parking spaces.
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat or site plan.
The Planning Board of the Township of Springfield, unless
a different agency is designated by ordinance when acting pursuant
to the authority of the Municipal Land Use Law.
The American Society of Civil Engineers.
The American Society for Testing Materials, Philadelphia.
A steep-faced curb intended to prevent encroachments.
A type of paving stone generally cut in a truncated, pyramidal
shape, laid with the base of the pyramid down.
The Zoning Board of Adjustment established pursuant to N.J.S.A.
40:55D-69.
A proposed schedule of all future projects listed in order
of construction priority, together with cost estimates and the anticipated
means of financing each project.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
The gap between the center line of roads adjoining a common
road from opposite or same sides.
The bed and banks of a natural stream which convey the constant
or intermittent flow of the stream.
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common space may contain
such complementary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of the
development.
A local street with only one outlet and having the other
end for the reversal of traffic movement.
A structure designed to convey a watercourse not incorporated
in a closed drainage system under a road or pedestrian walk.
A vertical or sloping edge of a roadway. See also “belgian
block curb,” “barrier curb,” “mountable curb.”
Calendar days.
An act conveying property or an interest thereto.
The relative size or 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, the flood hazard
area and the water surface elevations.
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same gradually, at a rate not greater than that prior
to the development of the property, into natural or man-made outlets.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or any other person
having enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill; and any use or change in the use
of any building or other structure, land or extension of use of land.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other Township regulation of the use or
development of land, adopted pursuant to the Municipal Land Use Law.
The removal of surface water or groundwater from land by
drains, grading or other means. This includes control of runoff during
and after construction or development to minimize erosion and sedimentation
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
A component of the drainage system.
The system through which water flows from the land, including
all watercourses, water bodies and wetlands.
A paved or unpaved area used for ingress or egress of vehicles,
and allowing access from a street to a building or other structure
or facility.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
Features, natural resources or land characteristics that
are sensitive to improvements and may require conservation measures,
the application of creative development techniques to prevent degradation
of the environment, limited development or in certain instances may
preclude development.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A deed, bond, money or a piece of property delivered to a
third person to be delivered by him/her to the grantee only upon fulfillment
of a condition.
See “subdivision.”
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of a subdivision which
is presented to the approving agency for final approval in accordance
with these regulations, as well as the New Jersey Map Filing Law,
and which, if approved, shall be filed with the proper County Recording
Officer.
See “lot frontage.”
A plan outlining general, rather than detailed, development
intentions. It describes the basic parameters of a major development
proposal rather than giving full engineering details. As such, it
allows general intentions to be proposed and discussed without the
extensive costs involved in submitting a detailed proposal.
The slope of a street or other public way specified in percentage
terms.
A shallow channel, usually set along a curb or the pavement
edge of a road, for purposes of catching and carrying off runoff water.
One or more historic site and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration, or any portion or group of the foregoing, which has
been formally designated in the Master Plan as being of historical,
archaeological, cultural, scenic or architectural significance.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
For subdivision purposes or site plan, any street which complies
in width and construction with Township standards.
Any man-made, immovable item which becomes part of, placed
upon or is affixed to real estate.
A septic tank, seepage tile sewage disposal system or any
other approved sewage treatment device serving a single unit.
In street design, a raised area usually curbed, placed to
guide traffic, separate lanes or used for landscaping, signing or
lighting.
The Institute of Transportation Engineers.
Real property, including improvements and fixtures on, above
or below the surface.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
That portion of a lot extending along a street line.
Any security that is acceptable to the Township Council to
assure the maintenance of approved installations by developers.
Any security, other than cash, that may be accepted by the
Township for the maintenance of any required improvements.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
An inspection chamber whose dimensions allow easy entry and
exit and working room for a person inside.
A method for calculating the hydraulic capacity of a conduit
to convey water.
A service street that runs parallel to a higher-order street
which, for purposes of safety, provides access to abutting properties
and separation from through traffic. It may be designed as a residential
access street or subcollector as anticipated daily traffic dictates.
A composite of one or more written or graphic proposals for
the development of the Township as set forth and adopted by the Planning
Board pursuant to N.J.S.A. 40:55D-28.
A site plan which consists of minor additions, modifications, renovations or changes in use which do not entail a change in the drainage system, an impact on any county facility or the addition of off-street parking pursuant to the provisions of Chapter 215, Zoning, and is in accordance with the definition of minor site plan set forth in N.J.S.A. 40:55D-5.
Any subdivision containing not more than two new lots and a remainder, with all lots fronting on an existing improved street, not involving a planned development or a new street or road or the extension of Township facilities, 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, Chapter 215, Zoning, or this chapter. If a parcel or tract of land has been granted a minor subdivision approval, it may not be further subdivided as a minor subdivision for a period of two years from the date of the previous minor subdivision approval.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq. Such map shall be deemed to be conclusive with respect to
the location and width of the streets, public parks and playgrounds
and public drainageways shown thereon.
Located outside the lot lines of the lot in question but
within the property, of which the lot is a part, which is the subject
of a development application, or within a contiguous portion of a
street or right-of-way.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and that is not located on a dedicated
street right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
A lane usually set on the sides of streets, designed to provide
on-street parking for vehicular traffic.
An area provided for the parking of a motor vehicle.
See “cartway.”
A test designed to determine the ability of ground to absorb
water, and used in determining the suitability of a soil for drainage
or for the use of a septic system.
Any security, including cash, which may be accepted by the
Township to ensure installation of required subdivision and/or site
plan improvements; provided that the Township shall not require more
than 10% of the total performance guarantee in cash.
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
The planned development overlay districts as shown on the
Zoning Map, as amended; where planned unit residential development
and residential clusters are permitted and where the clustering of
development between noncontiguous parcels is authorized.
[Added 3-8-2006 by Ord. No. 2006-7]
An area with a specified minimum contiguous acreage of 10 acres or more, to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas, in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Chapter 215, Zoning.
A form of planned development to be developed as a single
entity according to a plan containing one or more residential clusters,
which may include public or quasi-public uses.
[Amended 3-8-2006 by Ord. No. 2006-7]
The Township Planning Board established pursuant to N.J.S.A.
40:55D-23.
A map or maps of a subdivision or site plan.
Water suitable for drinking or cooking purposes.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Planning Board for preliminary
approval and meeting the requirements of this chapter.
The lands reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion, to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground, where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Township, Township agency, Board of Education, state or county agency
or other public body for recreational or conservational uses.
See “planned unit development.”
A method of runoff calculation.
The lowest order of residential street. Provides frontage
for access to private lots, and carries traffic having destination
or origin on the street itself. Designed to carry traffic at slowest
speed. Traffic volume should not exceed 250 ADT at any point of traffic
concentration. The maximum number of housing units should front on
this class of street. See also “street hierarchy.”
A form of planned residential development to be developed
as a single entity according to a plan and containing residential
housing units that have a private or public open space area as an
appurtenance.
[Added 3-8-2006 by Ord. No. 2006-7]
The highest order of residential street. Conducts and distributes
traffic between lower-order residential streets and higher-order streets,
arterials and expressways. Since its function is to promote free traffic
flow, access to homes and parking should be prohibited. Collector
streets should be designed to prevent use as shortcuts by nonneighborhood
traffic. Total traffic volume should not exceed 3,000 ADT. See also
“street hierarchy.”
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
The New Jersey Residential Site Improvement Standards, as
amended.
[Added 3-8-2006 by Ord. No. 2006-7]
Middle order of residential streets. Provides frontage for
access to lots and carries traffic to and from adjoining residential
access streets. Traffic should have origin or destination in the immediate
neighborhood. Traffic volume should not exceed 500 ADT at any point
of traffic concentration. See also “street hierarchy.”
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
The alternation of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instruments.
A structure erected between lands of different elevation
to protect structures and/or to prevent the washing down or erosion
of earth from the upper slope level.
A pond, pool or basin used for the permanent storage of water
runoff.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade trees or
for another special use.
Five delineated areas of the municipality identified by differing
characteristics such as preserved farmland, environmental constraints,
transportation routes and/or historic settlement patterns that give
each area a distinct identifiable character and which separate the
municipality into traditionally accepted communities.
[Added 3-8-2006 by Ord. No. 2006-7]
The Soil Conservation Service.
The deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity or other natural means as a
product of erosion.
An underground system with a septic tank used for the decomposition
of domestic wastes.
A watertight receptacle that receives the discharge of sewage.
The distance between the street right-of-way line and the
front line of a building, or any projection thereof, excluding uncovered
steps.
The graded part of the right-of-way that lies between the
edge of the main pavement (main traveled way) and the curbline.
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
A triangular shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
A development plan of one or more lots of which is shown:
The existing or proposed conditions of the lot,
including, but not necessarily limited to, the topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices.
Any other information that may reasonably be required in order to make an informed determination pursuant to Chapter 164, Site Plan Review, review and approval of site plans by the Planning Board, adopted pursuant to N.J.S.A. 40:55D-12.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 185-18.
Any pipe conduit used to collect and carry away stormwater
runoff from the generating source to detention/retention facilities
or receiving streams.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
Any street, avenue, boulevard, road, land, parkway,
viaduct, drive or other way:
Which is an existing state, county or municipal
roadway; or
Which is shown upon a plat heretofore approved
pursuant to law; or
Which is approved by official action; or
Which is shown on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats; and
Includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines. For the purpose of this chapter, streets shall be classified
as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting a street.
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use and residential
quality.
A street that has its only ingress and egress at two points
on the same subcollector or collector street.
A portion of a street for which an extension has been proposed
and approved. May be permitted when development is phased over a period
of time, but only if the street in its entirety has been approved
in the preliminary plan.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
if no new streets are created:
Divisions of land found by the Planning Board
to be for agricultural purposes where all resulting parcels are five
acres or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including,
but not limited to, judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the Township development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map.
The term “subdivision” shall also
include the term “resubdivision.”
The natural ground lying beneath a road.
A single or one-way vehicle movement to or from a property
or study area. Trips can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
The Urban Land Institute.
The United States Coast and Geodetic Survey.
Permission to depart from the literal requirements of the
zoning ordinance, pursuant to Subsection b of N.J.S.A. 40:55D-40 and
Subsections c and d of N.J.S.A. 40:55D-70.
A.
County approval required. Each application for subdivision
approval shall be submitted by the applicant to the Burlington County
Planning Board, pursuant to N.J.S.A. 40:27-6.3, for review or approval.
The Planning Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the Burlington
County Planning Board or approval by such Board by its failure to
report thereon within the required time period.
B.
Power to grant waivers. The Planning Board, when acting
upon an application for preliminary or minor subdivision approval,
shall have the power to grant such exceptions from the procedural
requirements and/or design standards established in this chapter for
subdivision approval as may be reasonable and within the general purpose
and intent of the provisions for subdivision review and approval,
if the literal enforcement of one or more of the provisions of this
chapter is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
C.
Standards for consideration of subdivision applications.
The Planning Board shall consider applications for subdivision approval
if the detailed drawings, specifications and estimates of the application
for subdivision approval conform to the standards established herein:
(1)
The details of the subdivision application are in accordance with the standards of Chapter 215, Zoning, and any and all other ordinances of the Township which may be in existence at the time of the application, and in harmony with the officially adopted comprehensive Master Plan of the Township which may hereafter be adopted.
(2)
The application complies with the requirements of
N.J.S.A. 40:55D-38.
(3)
There are provisions, if required, for off-tract water, sewer, drainage and street improvements which are necessitated by the subdivision application, with any contributions for the cost of same to be computed in accordance with N.J.S.A. 40:55D-42 and § 185-24.
(4)
In the event there is a development which proposes
construction over a period of years, provisions ensuring the protection
of the interest of the public and the residents, occupants and owners
of the proposed development in the total completion of the development.
D.
Costs, fees and escrows.
(2)
An applicant for a subdivision, including an applicant
for an agricultural subdivision, shall be responsible for the payment
of all costs associated with the revisions to the Township Tax Maps
in regard to such subdivision. The applicant, upon receiving final
subdivision approval, including agricultural subdivision approval,
shall post with the Township an amount equal to the estimated cost
of revising the Township Tax Maps to conform to the subdivision approval
for the applicant's project. The Township Engineer shall provide the
estimated cost for revising the Tax Maps to the applicant. The applicant
shall post such estimated cost with the Township prior to the issuance
of any building permit for the subject subdivision, or, in the case
of an agricultural subdivision, before approval by the Township for
a subdivision map.
(a)
The estimated cost paid by the applicant shall be held in an escrow account, in accordance with the provisions of Subsection D(3), below. That portion of the estimated cost which remains unused after the Tax Maps have been revised shall be returned to the applicant.
(b)
The applicant shall be responsible for payment
of any legal or engineering fees incurred in regard to the revision
of the Tax Maps and shall be responsible for any costs so incurred
which are in excess of the estimated cost which was paid by the applicant
and is held in escrow by the Township.
(3)
Whenever the escrows paid under this subsection, § 185-8 and Chapter 91, Fees, § 91-10 shall exceed $5,000, it shall be deposited in a banking institution or savings and loan association in this state, insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State of New Jersey, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Treasurer shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest earned on the deposit exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him/her by the Township on an annual basis, or at the time the deposit is repaid or applied for the purpose it was deposited, provided, however, that the Township may retain for administrative expenses a sum equivalent to no more that 33 1/3% of the entire amount, which shall be in lieu of all other administrative and custodial expenses. In the event the interest paid on a deposit for a year does not exceed $100, it shall be retained by the Township.
A.
Public hearing; waiver. The Planning Board may waive notice and public hearing of an application for a minor subdivision, provided that the Board finds that the application conforms to the definition of “minor subdivision” as defined in N.J.S.A. 40:55D-5 and § 185-3.
B.
Final approval. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such final approval on terms ensuring compliance with the standards set forth in this chapter and may further condition any such approval upon any guarantees and/or off-tract contributions which are to be computed and made in accordance with this chapter, including § 185-24.
C.
Time periods.
(1)
Time for Planning Board to act. Minor subdivision
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.
Failure of the Planning Board to act within the period prescribed
shall constitute minor subdivision approval, and a certificate of
the administrative officer as to the failure of the Planning Board
to act shall be issued on request of the applicant. Such certificate
shall be sufficient in lieu of the written endorsement or other evidence
of approval herein required, and shall be so accepted by the Burlington
County Recording Officer for purposes of filing subdivision plats.
(2)
Expiration of approval. Approval of a minor subdivision
shall expire 190 days from the date of Township approval, unless within
such period a plat in conformity with such approval and the provisions
of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly
describing the approved minor subdivision is filed by the developer
with the County Recording Officer, the Township Engineer and the Township
Tax Assessor, provided that any such plat or deed accepted for such
filing shall have been signed by the Chairperson and Secretary of
the Planning Board. The Planning Board, in its discretion, may accept
a plat not in conformity with the Map Filing Law, provided that if
the developer chooses to file the minor subdivision as provided herein
by plat rather than deed, such plat shall conform with the provisions
of this Act.
(3)
Term of approval. The zoning requirements and their
general terms and conditions, whether conditioned or otherwise, upon
which minor subdivision approval was granted shall not be changed
for a period of two years after the date of minor subdivision approval,
provided that the approved minor subdivision shall have been duly
recorded as provided by law.
D.
Minor subdivision by plat. The minor subdivision plat,
if submitted, shall be based on an actual survey of the tract(s) to
be subdivided or resubdivided as well as the remainder parcel, and
shall show the following information and meet the following requirements:
(1)
The plat shall be clearly and legibly drawn and in
conformance with all requirements of New Jersey Map Filing Law, as
amended.
(2)
A graphic scale not less than one inch equals 100
feet.
(3)
Be based on an actual survey prepared by a land surveyor
licensed by the State of New Jersey.
(4)
Be on standard sheet sizes of 15 inches by 21 inches,
24 inches by 36 inches or 30 inches by 42 inches.
(5)
Existing and proposed lot lines, with bearings and
dimensions.
(6)
Existing lot lines to be eliminated.
(7)
Area of original tract to the nearest square foot.
(8)
Area of each proposed lot to the nearest square foot.
(9)
All existing structures and uses.
(10)
Shortest distance between any existing building and
a proposed or existing lot line.
(11)
All streams, lakes and drainage rights-of-way within
the limits of the tracts being subdivided and within 200 feet thereof,
including the location and dimensions of all drainage.
(12)
Existing and proposed rights-of-way and easements
with and adjoining the tract with dimensions, existing driveways,
street names and the purpose for any easement. Sight triangles shall
be shown. Copies of deed restrictions must be submitted to the Planning
Board.
(13)
The name of the owner of the tract to be subdivided
and of all adjoining tracts within 200 feet as disclosed by the most
recent tax records.
(14)
The Tax Map sheet, block and lot number for the tract
and all adjacent lots; title; graphic scale; written scale; North
arrow; the date of the original drawing and the date and substance
of each revision.
(15)
The zoning district(s) in which the subject tract
lie(s) and the zoning district(s) in which all immediately adjacent
properties lie.
(16)
The plat must show all front, side and rear yard setback
lines on all proposed and existing lots within the proposed tract,
conforming to the applicable current zoning ordinance.
(17)
A key with a North arrow showing the entire development
and its relation to surrounding areas at a scale not less than one
inch equals 2,000 feet.
(18)
If the application is or includes a resubdivision,
it shall be so noted on the title block.
(19)
If the applicant is a contract purchaser of the subject
tract, it shall be so noted on the plat, and the approval of the record
owner of the tract shall be provided by a certification on the plat
duly executed and notarized.
(20)
The distance in feet to the nearest intersection.
(21)
The right-of-way width, pavement width and type, and
the name of the street(s) on which the subject tract and all proposed
lots front.
(22)
Appropriate signature blocks for approving signatures
of the Planning Board Chairperson, Secretary (coordinator) and engineer
must be provided.
(23)
All monuments as required by the New Jersey Map Filing
Law. It must be noted whether these monuments have been set.
(24)
All certifications as required by the New Jersey Map
Filing Law.
(25)
Result of a percolation test on each lot.
(26)
Contain a statement of the intent of the applicant.
(27)
Location of existing wells and septic systems.
E.
Minor subdivision by deed. If, pursuant to the provisions
of N.J.S.A. 40:55D-47, the applicant elects to file a deed rather
than a subdivision plat, and the application meets all the criteria
of a minor subdivision as set forth in this chapter, the application
for a minor subdivision or resubdivision is subject to the same application
procedures as an application by plat, including the application fee
and application time period. An application for minor subdivision
or resubdivision by deed must include the following items:
(1)
A survey map of the tract to be subdivided, prepared
and certified by a New Jersey licensed surveyor, and shall contain
all information as required by N.J.S.A. 45:8-28 and, in addition,
shall show the following information:
(a)
All proposed new lot lines and/or lot lines
to be eliminated.
(b)
The areas of the existing tract and proposed
new lots lines.
(c)
The location of all existing structures on the
subject tract and the setback distances of all structures from any
existing or proposed lot line.
(d)
All setback lines as per the current requirements
of the zoning district in which the subject tract lies.
(2)
Upon approval of the application, a deed or deeds
of subdivision or resubdivision for each lot created, including any
remainder. Such deed shall be in proper form and contain a metes and
bounds description of the lot created. The deed must contain provisions
for the approval and signatures of the Planning Board Secretary and
Chairperson.
A.
Submission of plat. The developer shall submit to
the approving agency a plat in compliance with the preliminary plat
detail section. However, a minor subdivision, as defined above, shall
not be subject to this section.
B.
Notice of completeness of application. In the event
that the application for development is found to be incomplete, the
developer shall be notified of the deficiencies thereof in writing,
within 45 days of submission of such application by the administrative
officer or such application shall be deemed to be complete.
C.
Amendment. In the event that the approving agency
or its engineer requires any substantial amendment in the layout of
improvements proposed by the developer that have been the subject
of a hearing, an amended application shall be submitted and proceeded
upon, as in the case of an original application for development.
D.
Preliminary approval. The approving agency, if the
proposed development complies with N.J.S.A. 40:55D-1 et seq., shall
grant preliminary approval of the development.
E.
Incomplete data; resubmission; fee. If the application, upon review by the engineer for the approving agency, is deemed to be incomplete in the engineering information presented, the developer shall be required to make application for resubmission of the upgraded preliminary plat submission and shall be required to post the required resubmission fee as set forth in Chapter 91, Fees, § 91-10, to defray the additional review costs required.
F.
Time for decision. Upon submission to the administrative
officer of a complete application for a subdivision of 10 or fewer
lots, the approving agency shall grant or deny preliminary approval
within 45 days of the date of such submission, or within such further
time as may be consented to by the developer. Upon the submission
of a complete application for a development of more than 10 lots,
the approving agency shall grant or deny preliminary approval within
95 days of the date of such submission, or within such further time
as may be consented to by the developer. Otherwise, the approving
agency shall be deemed to have granted preliminary approval of the
development.
G.
Effect of preliminary approval. Preliminary approval
of a major subdivision pursuant to this chapter, except as provided
for herein, shall confer upon the applicant the following rights for
a three-year period from the date of preliminary approval:
(1)
The general terms and conditions on which preliminary
approval were granted shall not be changed, including, but not limited
to, use requirements; layout and design standards for streets, curbs
and sidewalks; lot size, yard dimensions; and off-tract improvements.
Nothing herein shall be construed so as to prevent the Township from
modifying, by ordinance, such general terms and conditions of preliminary
approval as relate to public health and safety.
(2)
The applicant may submit for final approval, on or
before the expiration date of preliminary approval, the whole or a
section or sections of the preliminary subdivision plat, as the case
may be.
(3)
The applicant may apply for and the approving agency
may grant extensions on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern in the event of an extension.
(4)
In the case of a subdivision of an area of 50 acres or more, the approving agency may grant the rights referred to in Subsection G(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and the nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.
(5)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection G(3) or (4) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.[1]
(6)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval, or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection G(3) or (4) of this section.[2]
Final approval of major subdivisions shall be
as follows:
A.
Conformance to standards. The Planning Board shall
grant final approval if the final plat and development plans of the
application for final approval conform to the standards established
by this chapter for final approval, the conditions of preliminary
approval and the standards prescribed by the Map Filing Law.
B.
Time for decision. 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 approving agency
to act within the period prescribed shall constitute final approval,
and a certificate of the administrative officer as to the failure
of the Board to act shall be issued on request of the applicant. Such
certificate shall be sufficient in lieu of written endorsement or
other evidence of approval herein required, and shall be so accepted
by the Burlington County Recording Officer for purposes of filing
subdivision plats.
C.
Conditioned on county approval. Whenever review or
approval of the application by the Burlington County Planning Board
is required by N.J.S.A. 40:27-6.3, the approving agency shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the Burlington County Planning Board or approval
by the Burlington County Planning Board by its failure to report thereon
within the required time period.
[Amended 7-14-2004 by Ord. No. 2004-13; 8-8-2018 by Ord. No. 2018-04]
A.
Required guarantees; surety. For the purpose of assuring
the installation and maintenance of bondable land development improvements,
as a condition of all final site plan, subdivision, and/or zoning
permit approvals, the Board and/ or Zoning Officer shall require,
as appropriate, and the Township Council shall accept, in accordance
with the standards adopted hereinafter:
(1)
The furnishing of a performance guarantee in favor
of the Township in an amount not to exceed 120% of the cost of the
improvement, which cost shall be determined by the Township Engineer
according to the method of calculation set forth in N.J.S.A. 40:55D-
53.4 for any and all bondable items as permitted therein. The Township
Engineer shall prepare an itemized cost estimate of the improvements
covered by the performance guarantee, which itemized cost estimate
shall be appended to each performance guarantee posted by the obligor.
(2)
The furnishing of a maintenance guarantee in favor
of the Township in an amount not to exceed 15% of the cost of the
improvement, which cost shall be determined by the Township Engineer
according to the method of calculation set forth in N.J.S.A. 40:55D-
53.4 for any and all bondable items as permitted therein.
(3)
The
furnishing of a temporary certificate of occupancy guarantee in the
amount of 120% of the cost of installing the remaining improvements
required to be completed before the issuance of a permanent certificate
of occupancy. The scope and amount of such a guarantee will be determined
by the Township Engineer.
(4)
The
furnishing of a safety and stabilization guarantee to return the property
to a safe and stable condition or to otherwise implement measures
to protect the public from access to an unsafe or unstable condition.
The amount of such a guarantee shall be $5,000 where the overall bonded
improvements are $100,000 or less. Where the overall bonded improvements
are $100,000 or more, then the Township Engineer shall calculate the
bond amount in accord with the following: $5,000 for the first $100,000
of bonded improvement costs, plus 2.5% of bonded improvement costs
in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000.
B.
Other governmental agencies. In the event that other
governmental agencies or public utilities will automatically own the
utilities to be installed or the improvements are covered by a performance
or maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the Township for such utilities or improvements.
C.
Failure to perform; municipal completion. If the required
improvements are not completed or corrected in accordance with the
performance guarantee, the obligor and surety, if any, shall be liable
thereon to the Township for the reasonable cost of the improvements
not completed or corrected, and the Township may either prior to or
after the receipt of the proceeds thereof complete such improvements.
Such completion or correction of improvements shall be subject to
the public bidding requirements of the Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq.
D.
Conformance with municipal standards. All improvements
shall be in accordance with the design standards of the Township Code
or as authorized by a design exception granted by the reviewing board
and shall be subject to inspection and approval by the Township Engineer.
The Township Engineer shall be notified 24 hours prior to the start
of the various phases of the work, and if discontinued, shall again
be notified when the work will be continued.
E.
Release or reduction of performance guarantee.
(1)
Upon substantial completion of all required improvements,
the obligor may request of the governing body, in writing, by certified
mail addressed in care of the Township Clerk, that the Township Engineer
prepare, in accordance with the itemized cost estimate prepared by
the Township Engineer and appended to the performance guarantee pursuant
to this chapter, a list of all uncompleted or unsatisfactorily completed
improvements. If such a request is made, the obligor shall send a
copy of the request to the Township Engineer. The request shall indicate
which improvements have been completed and which improvements remain
uncompleted in the judgment of the obligor. Thereupon the Township
Engineer shall inspect all improvements covered by the obligor's request
and shall file a detailed list and report, in writing, with the Township
Council, and shall simultaneously send a copy thereof to the obligor
not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Township Engineer shall state,
in detail with respect to each improvement determined to be incomplete
or unsatisfactory, the nature and extent of the incompleteness of
each incomplete improvement or the nature and extent of, and remedy
for, the unsatisfactory state of each completed improvement determined
to be unsatisfactory. The report prepared by the Township Engineer
shall identify each improvement determined to be complete and satisfactory
together with a recommendation as to the amount of reduction to be
made in the performance guarantee relating to the completed and satisfactory
improvement, in accordance with the itemized cost estimate prepared
by the Township Engineer and appended to the performance guarantee
pursuant to this chapter.
(3)
The
Township Council, by resolution, shall either accept the improvements
determined to be complete and satisfactory by the Township Engineer,
or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction or release to be made in the performance guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the Township Engineer and appended to the
performance guarantee pursuant to this chapter. This resolution shall
be adopted not later than 45 days after receipt of the list and report
prepared by the Township Engineer. Upon adoption of the resolution
by the Township Council, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those accepted
improvements, except for that portion sufficient to secure completion
or correction of the improvements not yet accepted; provided that
30% of the amount of the performance guarantee posted may be retained
to ensure completion and acceptability of all improvements. If any
portion of the required improvements is rejected, the Township shall
require the obligor to complete or correct such improvements, and,
upon completion or correction, the same procedure of notification,
as set forth in this section, shall be followed.
F.
Inspection fees. The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for the inspection fees in accordance with § 185-8I.
G.
Phasing in sections. In the event that final approval
is by stages or sections of development pursuant to Subsection a of
Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions
of this section shall be applied by stage or section.
H.
Dedication and acceptance. To the extent that any
of the improvements have been dedicated to the Township on the subdivision
plat, site plan and/or zoning permit, the municipality shall be deemed,
upon the release of any performance guarantee required hereunder,
to accept dedication for public use any improvements made thereunder,
provided that such improvements have been inspected and have received
final approval by the Township Engineer.
I.
Inspection escrow.
(1)
The obligor shall reimburse the municipality for reasonable inspection fees paid to the Township Engineer for the inspections of improvements required under § 185-8A; which fees shall not exceed the sum of the amounts set forth in Subsections I(1)(a) and (b) of this subsection. The municipality may require the developer to post the inspection fees in escrow in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under § 185-8A(1); and
(b)
Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee under § 198-14A(1),
which cost shall be determined pursuant to section 15 of P.L.1991,
c.256 (N.J.S.A. 40:55D-53.4).
(2)
For
those developments for which the inspection fees total less than $10,000,
fees may, at the option of the developer, be paid in two installments.
The initial amount deposited in escrow by a developer shall be 50%
of the inspection fees. When the balance on deposit drops to 10% of
the inspection fees because the amount deposited by the developer
has been reduced by the amount paid to the Township Engineer for inspections,
the developer shall deposit the remaining 50% of the inspection fees.
(3)
For
those developments for which the inspection fees total $10,000 or
greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to § 185-8I(1)(a) through (b), is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
A.
Required. In the event that it is determined that the application for final subdivision approval by the developer requires off-tract improvements, the contribution thereon shall be determined pursuant to the provisions of N.J.S.A. 40:55D-42 and § 185-24.
B.
Drainage assessment. All major subdivisions and developments
are subject to an assessment by the Township, as determined by the
Township Engineer and based upon the most current assessment rate
for the drainage basin, as delineated by the Springfield Township
Master Drainage Plan. If it is determined that the proposed major
subdivision or development is designed in such a manner that no stormwater
runoff from the tract will be contributed to or handled, disposed
of or otherwise affect a storm drainage system of the Township, it
shall be exempt from any off-tract drainage assessment by the Township.
Should it be determined that only a portion of the proposed tract,
development or major subdivision contributes runoff to a Township
drainage basin, then the off-tract drainage assessment will be based
on that area of the tract actually draining to the Township drainage
basin.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54 and § 185-15 of this chapter, or any amendments thereto.
B.
If the developer has followed the standards prescribed
for final approval and has duly recorded the plat as required by law,
the approving authority may extend such period of protection for extensions
of one year, but not to exceed three extensions. Notwithstanding any
other provisions of this chapter, the granting of final approval terminates
the time period of preliminary approval granted pursuant to this chapter.
By the 15th of the month prior to the regular meetings of the approving agency, the developer shall file with the administrative officer at least 15 prints of the minor subdivision map for a minor subdivision, or of the sketch, preliminary or final plat for a major subdivision, of the proposed development for purposes of classification and preliminary discussion, together with the completed application, on forms provided by the Board, and the proper fees as provided for in this chapter and Chapter 91, Fees, § 91-10.
Submission of a sketch plat shall constitute
a request for informal review of a concept plan as provided by N.J.S.A.
40:55D-10.1.
A.
Application documents. With an application of a preliminary
plat for major subdivision approval, there shall be filed within the
time provided for herein, and with the required fee, 15 prints of
the preliminary plat and development plans, together with one completed
application form for preliminary approval.
[Amended 5-14-2001 by Ord. No. 2001-3]
B.
Notice of complete application; notice to property
owner. The developer must receive notification from the Board that
his/her submission is complete before the developer may give notification
to property owners pursuant to the provisions of this chapter.
A.
Submission. The final plat and final development plans
shall be submitted to the approving agency, together with an appropriate
application and filing fee, within the time provided by this chapter.
B.
Application documents; time. Fifteen prints of the
final plat and final development plans and three copies of the application
form for final approval shall be submitted to the administrative officer
at least 21 days prior to the date of the next regularly scheduled
Board meeting. The final plat shall have incorporated all changes
and modifications to the preliminary plat as required by the Board.
[Amended 5-14-2001 by Ord. No. 2001-3]
C.
Statement of Township Engineer; location of utilities,
completion of improvement. The final plat shall be accompanied by
a statement by the Township Engineer that (s)he is in receipt of the
final development plans showing all utilities in exact location and
elevation, identifying those portions already installed and those
to be installed, and that the developer has complied with one or both
of the following:
D.
Certificate of title; deed restrictions and covenants.
The applicant shall provide a certificate of title by a recognized
title company and examples of any proposed covenants and restrictions
to be contained in deeds for the sale of the lots.
Upon final approval and signing of the final
plat by the Chairperson of the approving agency, the administrative
officer and Board engineer, the applicant shall file the final plat
with the Burlington County Clerk within 95 days from the date of signing
the plat. The approving authority, for good cause shown, may extend
the period of recording for an additional period not to exceed 190
days from the date of signing the plat. Upon filing of the final plat,
the applicant shall provide the administrative officer with one duplicate
Mylar bearing the file number and date of filing and six paper prints
of each sheet of the final plat and final development plans.
In no case shall a building permit be issued
prior to final approval. Before a building permit is issued, the Construction
Code Official shall obtain a copy of the recorded plat bearing the
file number and date filed with the County Clerk and a copy of the
approved development plans.
Prior to the issuance of an occupancy permit,
the Construction Code Official shall obtain, in writing, the approval
of the Township Engineer that all required improvements have been
installed. In the event that such improvements are not completed,
the Construction Code Official may consult with the Township Council
to obtain permission to issue a certificate of occupancy.
A.
Information required. The sketch plat shall be based
on Tax Map information, or some other similarly accurate base, at
an appropriate scale, and shall contain the following information:
(1)
The name and address of the property owner of record
and of the developer or applicant.
(2)
Title block depicting the type of application, the
Tax Map sheet number, block and lot numbers, county, Township name
and street location.
(3)
A key map, at a scale of not less than one inch equals
2,000 feet.
(4)
The appropriate zone districts applicable to all land
shown on the plat shall be clearly indicated, as well as a schedule
of lot area and bulk requirements for each zone.
(5)
Reference meridian indicating direction of North;
graphic scale; date of plat preparation.
(6)
Dimensions, to the nearest foot, and areas, to the
nearest acre, for all proposed lots.
(7)
Distance, in feet, to nearest intersection.
(8)
All existing structures, streams, wetlands, floodplains
and other watercourses and wooded areas within the portion to be subdivided
and within 200 feet thereof.
(9)
All existing or proposed streets or roads within or
adjoining the subdivision and the right-of-way widths thereof.
(10)
Block number, lot number and name and of all
adjoining property owners within 200 feet as disclosed by the most
recent Township tax record.
(11)
The location of the portion which is to be subdivided
in relation to the entire tract.
(12)
Acreage of the entire tract to be subdivided.
(13)
Location and results of soil borings and percolation
tests for each lot.
(14)
Location of existing wells and septic systems.
(15)
Delineation of existing easements or land reserved
or dedicated to public use.
(16)
Topographic features of subject property from
USGS Map.
B.
Specifications. The sketch plat must be clearly and
legibly drawn by a licensed New Jersey professional engineer and/or
land surveyor or by a planner and shall be on a standard sheet size
not smaller than 24 inches by 36 inches nor larger than 30 inches
by 42 inches. The plan shall be drawn at a scale of not less than
one inch equals 100 feet.
A.
Specifications. The preliminary plat shall be designed in accordance with the provisions of §§ 185-21 and 185-22 hereof and in strict accordance with accepted planning techniques and procedures by qualified persons. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet, by a licensed New Jersey professional engineer and/or land surveyor.
B.
Required information. For consideration by the approving
authority, the plat and development plans shall be drawn on one of
two standardized sheets: 24 inches by 36 inches or 30 inches by 42
inches, and shall show or be accompanied by sufficient information
to establish the design, arrangements 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
preliminary approval may be granted and shall include:
(1)
A key map showing the entire subdivision and its relation
to surrounding areas.
(2)
Title block denoting the type of application, county,
Township name, block and lot numbers, date, reference meridian, graphic
scale and the following names and addresses and facts:
(a)
Certification that the applicant is the owner
of the land or his/her authorized agent, giving names and addresses
of both.
(b)
Certification whether or not the applicant or
a company in which the applicant has an interest, owns or has contracted
to purchase abutting land.
(c)
Name and address of owner if the applicant is
a contract purchaser.
(d)
Name and address of the person who prepared
the map.
(e)
Certificate from the Tax Collector that taxes
are paid to date.
(f)
The appropriate zone districts applicable to
all land shown on the plat shall be clearly indicated as well as a
schedule of lot area and bulk requirements for each zone.
(g)
Corporate and/or partnership disclosure pursuant
to N.J.S.A. 40:55D-48.1 and 40:55D-48.2.
(3)
Date of the most recent property survey, and acreage
of the tract to be subdivided, to the nearest tenth of an acre.
(4)
All proposed lot lines and areas of lots in square
feet.
(6)
The location of existing and proposed property lines,
buildings, underground utility easements, watercourses, railroads,
bridges, culverts, drainpipes and any natural features, such as wooded
areas, major tree growths and rock formations, floodplains, wetlands
and any other environmentally sensitive areas.
(7)
Location; cross sections and center line profiles of all new and abutting existing streets within 200 feet of the tract, including sidewalks, cartways, curbs, planting strips, storm and sanitary sewers and appurtenances, water mains and connections to the existing or proposed utilities, all meeting the requirements of §§ 185-21 and 185-22.
(8)
Plans shall be submitted showing proposed streetlighting,
landscaping, grading, house siting, curbs and sidewalks and meeting
the requirements of this code or with request for design waivers noted
on the plans.
(9)
The map must include certifications to be signed by
the Chairperson, the administrative officer and the Board engineer.
(10)
Date of original, and all revision dates, must
be indicated on the plans.
(13)
Names of owners of adjoining land within 200
feet, including block and lot numbers as shown on most recent Tax
Map sheet.
(14)
Locations and results of soil borings and percolation
tests for each lot.
(15)
List of variances required or requested.
(16)
Soil erosion and sediment control plan.
(17)
Copy and delineation of any existing or proposed
deed restrictions or covenants.
(18)
Any existing or proposed easements or land reserved
for or dedicated to public use.
(19)
Site identification signs, traffic control signs,
directional signs and site triangles.
A.
Specifications. The final plat shall be drawn at a
scale of not less than one inch equals 100 feet and in compliance
with all the provisions of the Map Filing Law.
B.
Required information. 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, streets,
street names, easements, including underground utility easements,
and other rights-of-way, land to be reserved or dedicated to public
use, metes and bounds of all lot lines and other site lines and delineated
wetlands, boundaries, with accurate dimensions, bearings, curve data,
length of tangent, radii, arcs, chords and central angles for all
center lines and rights-of-way and center line curves on streets.
Improvements as shown on the approved preliminary plan shall accompany
the final plat.
(3)
The purpose of any easement or land reserved or dedicated
for public or quasi-public use shall be designated.
(4)
The proposed use of sites, other than residential.
(5)
Block and lot numbers, as approved by the Tax Assessor.
(6)
Minimum building setback lines and buffer zones on
all lots and other sites.
(7)
Location and description of all monuments, as specified
by the Map Filing Law.
(8)
Closure information for the exterior boundary of the
entire tract and for any internal street right-of-way shall be provided,
showing a traverse with a closure which is greater than 1 in 10,000.
(9)
Names of owners of adjoining unsubdivided land within
200 feet, including block and lot numbers as shown on the most recent
Tax Map sheet.
(10)
The area of the entire tract, each individual
lot and any right-of-way dedications, to the nearest one one hundredth
of an acre.
(11)
Certification by the engineer or surveyor as
to the accuracy of details of the plat; with the name, address and
license number of such engineer.
(12)
Certification that the applicant is the owner
of the land, or the agent of the owner or is a contract purchaser,
or that the owner has given consent under an option agreement.
(13)
Final development plans of all proposed or as-built
improvements, as shown on the approved preliminary plans, shall accompany
the final plat. The plans shall have incorporated all changes and
modifications to the preliminary development plans.
(14)
Certificate from the Tax Collector that all
taxes are paid to date.
(15)
Key map, at a scale of not less than one inch
equals 1,000 feet.
(16)
List of required regulatory approvals or permits.
A.
Conformity with specifications.
(1)
All improvements shall be installed in complete accord with the standards of this chapter, as specified in § 185-22, with other particular specifications approved by the Board and with all other applicable Township, county and state regulations.
(2)
The Standard Specifications for Road and Bridge Construction
of the New Jersey Department of Transportation, latest edition, including
all addenda, and the Standard Construction Details of the New Jersey
Department of Transportation, latest revision, as modified, supplemented,
amended or superseded by the requirements of this chapter, by particular
agreement among the Board, Township Council and the developer, or
by other applicable Township, county or state regulations shall govern
the completion of the required improvements. Such standard specifications
and standard construction details are made a part of this chapter
by reference as if set forth in full. It is the responsibility of
all developers to familiarize themselves with same.
B.
Construction prior to final approval.
(1)
Preliminary approval. No construction shall take place
unless preliminary approval has been granted, as evidenced by a signed
preliminary plan.
(2)
Escrows. Prior to any construction, inspection fee
escrows shall be posted with the Township.
(3)
Preconstruction conference. The developer shall also
arrange a preconstruction conference among the developer, contractor
and Township Engineer.
(4)
Notice of start of construction. The Township Engineer
shall be notified by certified mail by the developer at least 72 hours
in advance of the start of construction.
C.
Inspections. With the exception of a bona fide utility
regulated and licensed by the New Jersey Board of Public Utilities,
all improvements shall be subject to inspection and approval by the
Township Engineer, who shall be notified by the developer at least
24 hours prior to the start of construction. No underground installation
shall be covered until inspected and approved. Evidence that the above
improvements are installed and comply with the approved plans and
the design and construction specifications of the Township shall be
certified, in writing, by the Township Engineer.
A.
Conformity with standards.
(1)
The developer shall observe the requirements and principles
of land use in the design of each subdivision, or portion thereof,
as set forth in this section.
(2)
The development shall conform to design standards
that will encourage good development patterns within the Township.
Where either or both an official map or master plan has or have been
adopted, the development shall conform to condition and proposals
shown thereon.
B.
Blocks. Block length and width, or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 215, Zoning, and to provide for convenient access, circulation control and safety of street traffic, but in no case shall be less than 400 feet nor more than 1,200 feet in length, except where unusual conditions make these dimensions impracticable.
C.
Lots.
(1)
Lot dimensions and area shall not be less than the
requirements of the zoning provisions.
(2)
Insofar as is practical, side lot lines shall be either
at right angles or radial to street lines.
(3)
Each lot must front upon a public street, paved, with
a right-of-way of at least 50 feet, except as otherwise provided herein.
(4)
Where extra width has either been dedicated or anticipated
for widening of existing streets, zoning considerations shall begin
at such new street line, and all setbacks shall be measured from such
line.
(6)
Whenever land has been dedicated or conveyed to the
Township by the owner of a lot in order to meet the minimum street
width requirements or to implement the Master Plan, the Construction
Code Official shall not withhold a building and/or occupancy permit
when the lot depth and/or area was rendered substandard due to such
dedication and where the owner has no adjacent lands to meet the minimum
requirements.
(7)
Lots with frontage on two streets will be permitted
only under the following conditions:
(a)
When the length of the lot between both streets
is such that further division of the lot into two lots will not meet
zoning provisions; and
(b)
Where access shall be to the street with the
lower traffic function and street access is prohibited to the portion
of the lot abutting the other street and shall be clearly labeled
on any plat or deed.
D.
Streets. All residential street design, right-of-way
width, classification and geometry shall comply with the New Jersey
Residential Site Improvement Standards (RSIS).
[Amended 3-8-2006 by Ord. No. 2006-7]
E.
Curbs.
(1)
Concrete curb shall be installed along every street
within the development and those abutting the development. The standard
curb section to be used shall not be more than 10 feet in length and
shall be set in accordance with approved lines and grades. Radial
curbs shall be formed in an arc segment in a smooth curve. Chord segments
are prohibited.
(2)
Concrete curbs shall be six inches by eight inches
by 18 inches, six inches exposed face, using air entrained Class B
concrete having a twenty-eight-day compressive strength of 3,500 pounds
per square inch.
(3)
Expansion joints conforming to the requirements of
the New Jersey Department of Transportation shall be provided at twenty-foot
intervals in all curbing, with construction joints being provided
at ten-foot intervals.
(4)
At locations specified by the approving authority,
and at all intersections, the curbing shall have a barrier-free design
to provide a ramp for bicycles and/or wheelchairs and shall be in
accordance with State of New Jersey Barrier Free Design Regulations.
(5)
Alternate curb types may be permitted in certain instances
upon approval by the approving authority. The applicant shall submit
for review by the Board engineer typical section details and specifications
of the proposed alternate curb type.
(6)
Placement finishing and curing of concrete curbs shall
be done in accordance with NJDOT Standard Specifications for Road
and Bridge Construction, Section 605.
F.
Sidewalks and drive aprons. Sidewalks and drive aprons
shall be required for all major subdivisions and developments, unless
specifically waived by the approving authority. Sidewalks shall be
at least four inches thick, of air entrained Class B concrete having
a twenty-eight-day compressive strength of 3,500 pounds per square
rich. Expansion joints shall be provided at twenty-foot intervals
in sidewalks with construction joints at four-foot intervals. Expansion
joints shall also be provided at all points where sidewalks intersect
or abut concrete drive aprons and at all points where concrete drive
aprons abut curbing. Concrete drive aprons and abutting sidewalk shall
have a thickness of at least six inches and shall be of air entrained
Class B concrete having a twenty-eight-day compressive strength of
3,500 pounds per square inch. Such driveway aprons shall be reinforced
with six inches by six inches of 10/10 welded-steel wire mesh. Concrete
sidewalks and driveways shall be placed, finished and cured in accordance
with NJDOT Standard Specifications for Road and Bridge Construction,
Section 607.
G.
Sight triangles. Sight triangles shall be required
at each quadrant of an intersection of streets. The area within sight
triangles shall be maintained as part of the lot adjoining the street
and set aside as a sight triangle easement. Within a sight triangle,
no grading, planting or structure shall be erected or maintained more
than 30 inches above or lower than 12 feet above the street center
line, excluding utility poles, street name signs and official traffic
regulation signs. The sight triangle is that area bounded by the intersecting
street lines and a straight line which connects “sight points”
located on each of the two intersecting street lines, the following
distances away from the intersecting street lines: collector streets
at 50 feet and minor streets at 25 feet. The classification of existing
and proposed streets shall be those shown on the adopted Master Plan
or as designated by the approving authority at the time of the application
for approval for a new street not included on the Master Plan. A sight
triangle easement dedication shall be expressed on the plat as follows:
“Sight triangle easement subject to grading, planting and construction
restrictions, as provided for in the Township of Springfield Land
Development Ordinance.” Portions of a lot set aside for the
sight triangle may be calculated in determining the lot area and may
be included in establishing the minimum setbacks required by the zoning
provisions.
H.
Street name signs. Street name signs shall be enameled
metal of the size and color equal and similar to the type now in use
by the Township. They shall be erected on galvanized steel posts in
a workmanlike manner. At four-way street intersections, two posts
shall carry two signs at right angles to denote the name of each street
and one post carrying two signs at right angles shall be placed at
each “T” intersection. Posts shall be 10 feet overall,
with three feet in the ground, surrounded with concrete. The head
of the sign shall be so secured by welding or bolting as to ensure
refusal to turning under normal conditions. Signs shall be placed
under light standards and free from visual obstructions.
I.
Streetlighting.
(1)
Streetlights shall be installed by the developer along
all streets within and abutting any development, in locations approved
by the Township Engineer. They shall be designed in accordance with
the recommended standard practice for roadway lighting of the Illuminating
Engineering Society, and shall comply with the construction standards
of the applicable electric utility.
(2)
A streetlighting plan shall be submitted which shall
include the pole locations, type of fixture, mounting height of fixture
above cartway center line, length of extension from pole, isolux pattern
for the footcandle intensity required, superimposed on the plan at
each light location, pole construction and support details.
(3)
Streetlight luminaires shall have a medium semi-cutoff,
type II light distribution, of a type to be approved by the Board.
(4)
The table set out below shall be used to determine
the streetlighting requirements:
|
AREA CLASSIFICATION
| |||||||
|---|---|---|---|---|---|---|---|
|
Commercial
|
Intermediate
|
Residential
| |||||
|
Street Hierarchy
|
Lux
|
Foot-
candles
|
Lux
|
Foot-
candles
|
Lux
|
Foot-
candles
| |
|
Collector
|
10
|
0.9
|
6
|
0.6
|
4
|
0.4
| |
|
Local
|
6
|
0.6
|
4
|
0.4
|
4
|
0.4
| |
|
PARKING ILLUMINATION
(OPEN PARKING FACILITIES)
| |||||||
|---|---|---|---|---|---|---|---|
|
Illumination Objective
| |||||||
|
Vehicular Traffic
|
Pedestrian Safety
|
Pedestrian Safety
| |||||
|
Level of Activity
|
Lux
|
Foot-
candles
|
Lux
|
Foot-
candles
|
Lux
|
Foot-
candles
| |
|
Low activity
|
5
|
0.5
|
2
|
0.2
|
9
|
0.8
| |
|
Medium activity
|
11
|
1
|
6
|
0.6
|
22
|
2
| |
|
High activity
|
22
|
2
|
10
|
0.9
|
43
|
4
| |
(5)
There shall be one streetlight at all intersections,
and a streetlight at each side of the center of the arc of a roadway
bend when the offset angle of the center line projections is greater
than 30 degrees.
J.
Utilities.
(1)
All utilities, including, but not limited to, electric
transmission, gas and water distribution, communications, streetlighting
and cable television, shall be installed underground within easements
or dedicated public rights-of-way. The developer shall arrange with
the serving utility for the underground installation of the utility's
supply lines and service connections in accordance with the prevailing
standards and practices of the utility or other companies providing
such service. All new building services shall be installed underground.
(2)
Water main, fire hydrant, culvert, storm sewer and
sanitary sewer installations shall be properly designed and connected
with an approved system and shall be adequate to handle all present
and probable future development.
K.
Easements.
(1)
Easements may be required for the installation, maintenance
and repair of utility lines. Such easements shall be at least 15 feet
wide and shall be located in consultation with the companies or other
jurisdictional agencies and, to the fullest extent possible, adjacent
to lot lines.
(2)
Floodplains, drainage and conservation easements shall
be indicated on the preliminary and final plats.
(3)
All easements shall be delineated and dedicated on
the final plat to the Township and/or any appropriate entity.
L.
Monuments. All boundary monuments shall be the size
and shape required by the Map Filing Law, N.J.S.A. 46:23-9.11, as
amended, and shall be placed in accordance with the statute and indicated
on the final plat.
M.
Landscape plan. A landscape plan shall be required for applications for development, except minor subdivisions, and shall be prepared in conformance with Chapter 119, Landscaping.
N.
Retaining walls. Retaining walls are discouraged for
slope control, however, they may be used when no other alternatives
exist and the topography dictates. For walls in excess of two feet
in height, complete design plans, including all construction details,
design calculations, soil borings and soil data, certified by a New
Jersey licensed professional engineer, must be submitted. Retaining
walls shall be constructed of treated timber or logs, reinforced concrete,
reinforced masonry or of other construction which in the judgment
of the Board engineer is adequately designed and detailed on the plans
to carry all earth pressures, including any surcharges. The heights
of retaining walls shall not exceed one-third of the horizontal distance
from the foundation wall of any building to the face of the retaining
wall and, as a general rule, should be limited to a difference in
finished grade elevation of four feet.
O.
Grading, topsoil and seeding. All lots, open spaces
and planting areas shall be graded to secure proper drainage and to
prevent the collection of stormwater. The grading shall be performed
in a manner which will minimize the damage to or destruction of trees
growing on the land. Topsoil shall be provided and/or redistributed
on the surface as cover and shall be stabilized by seeding or planting.
(1)
A grading plan, prepared by a New Jersey licensed
professional engineer, shall be submitted with the application. The
grading plan shall indicate the following:
(a)
Existing and proposed grading contours at intervals
of one foot within a ten-foot radius of the tract, except that if
slopes exceed 5%, an interval of two feet is permissible. Datum shall
be referenced to United States Geological Survey Datum and the reference
location of datum shall be noted.
(b)
Proposed spot or finished grade elevations at
all property corners and curbs opposite property corners, first floor
elevation of all proposed structures or dwellings, interior yard drainage
and drainage arrows designating direction of overland drainage flow
on each lot.
(c)
Property and right-of-way lines.
(d)
Grate and invert elevations of all storm inlets.
(e)
Slope, direction of flow and typical section
for all streams, swales and ditches.
(f)
The tops of the banks and boundaries of the
floodways and flood hazard areas of all existing watercourses, and
such other information.
(g)
Determination as to what impact the proposed
construction and lot regrading will have upon adjacent properties.
(h)
Methods or provisions to abate or prevent any
adverse surface drainage impacts or conditions to adjacent lots.
(2)
Under no circumstances shall the subdivision tract,
or any individual lots within the development, be graded in such a
manner as to redirect or accelerate the velocity of flow of stormwater
runoff onto adjacent and/or downstream properties. Wherever possible,
the land shall be graded so that the stormwater from each lot shall
drain directly to the street. If drainage toward a street is impractical,
than the runoff shall be directed to an interior yard drainage system
designed in accordance with this section.
(3)
Unless otherwise required by this section, all tree
stumps, structural foundations and other obstructions shall be removed
to a depth of two feet below existing or finished grade, whichever
is lower.
(4)
Prior to the issuance of any certificate of occupancy
to any dwelling, the developer or holder of the building permit shall
cause to have the lot grading certified by a New Jersey licensed professional
engineer that the final as-built grading of the lot is in compliance
with the approved grading plan.
(5)
All lot grading plans shall conform to the following
standards, and all lots shall be graded in accordance with the following
requirements:
(a)
Any swale intended to convey stormwater runoff
shall be specifically delineated on the grading plan. A typical swale
section, profile grades and calculations indicating the capacity and
flow velocity of the swale shall be provided. All swales shall be
constructed in strict compliance with the following standards:
[1]
All swales shall be designed with a parabolic
cross-section.
[2]
All swales shall be designed, constructed and
stabilized in accordance with the requirements of the Burlington County
Soil Conservation District.
[3]
Swales shall have a minimum longitudinal or
profile gradient of 1% to provide a positive flow of stormwater and
prevent stagnation of water in the swale.
[4]
No swales shall be designed in such a manner
as to make a point discharge of stormwater runoff onto adjacent or
downstream lands.
[5]
Swales discharging into high groundwater, bodies
of water or wetlands or other environmentally sensitive areas shall
have specific approval of all outside agencies having jurisdiction.
(b)
The minimum slope for lawns and disturbed areas
shall be 2% and for smooth, hard finished surfaces other than roadways,
4/10 of 1%.
(c)
The minimum grade away from a house shall be
5% for a minimum distance of 10 feet.
(d)
The subdivider shall take all necessary precautions
to prevent any siltation of streams during the construction of the
subdivision. Such provisions may include, but are not limited to,
construction and maintenance of siltation basins or holding ponds
and diversion berms throughout the course of construction and planting
areas.
(e)
All lots, open space and planting areas shall
be seeded with a suitable stabilizing groundcover approved by the
Board engineer. On open spaces, the Board may allow a suitable stabilizing
groundcover other than seeding.
(6)
No topsoil shall be removed from the site or used
as fill. Topsoil moved during the course of construction shall be
redistributed so as to provide at least four inches of spread cover
to all seeding and planting areas of the subdivision and shall be
stabilized by seeding or planting. In the event that the quantity
of topsoil at the site is insufficient to provide four inches of cover
for all seeding and planting areas, the developer shall provide and
distribute a sufficient quantity of topsoil to provide such a cover.
Topsoil shall be approved by the Township Engineer.
P.
Soil erosion and sedimentation control.
(1)
All subdivisions shall incorporate soil erosion and
sediment control programs, phased according to the scheduled progress
of the development, including anticipated starting and completion
dates. The purpose is to control soil erosion and sediment damages
and related environmental damage by requiring adequate provisions
for surface water retention and drainage and for the protection of
exposed soil surfaces in order to promote the safety, public health,
convenience and general welfare of the community.
(2)
No building permit shall be issued for any development
application until all provisions of the State of New Jersey Soil Erosion
and Sediment Control Act, N.J.S.A. 4:24-39 et seq., as amended, have
been satisfied.
Q.
Debris.
(1)
Materials accumulated by clearing, grubbing, construction
and excavation, as above described, shall be disposed of by the developer
in a manner satisfactory to the Township Engineer, except that materials
suitable for embankment shall be used for that purpose, if needed.
Burying of the above materials shall not be permitted.
(2)
The Township Construction Code Official shall keep
a constant check on debris from the development and the construction
of buildings and shall not permit the accumulation thereof. In the
event that there is any substantial accumulation of such debris in
any development, the Construction Code Official shall forthwith give
written notice to the developer to remove such debris from the development.
In the event that such debris is not promptly removed, the Construction
Code Official is hereby authorized and directed to refrain from giving
certificates of occupancy or building permits until the debris is
cleared up and removed.
R.
Drainage.
(1)
General.
(a)
The purpose of the drainage design, as outlined
in this section, is to mitigate the effects of the stormwater runoff
generated by the development of land. In general, the rate of stormwater
runoff from the site after development should not exceed the rate
occurring prior to development. The additional volume of stormwater
runoff generated by the development of the site should be conveyed
to an area of ultimate disposal without detriment or adverse effects
to adjoining downstream properties. An area of ultimate disposal is
defined for purposes of this section as a river, stream, natural body
of water, drainage course or as otherwise determined and approved
by the approving authority.
(b)
The design of the development shall take advantage
of the natural drainage features of the land and make improvements
to the natural drainage system to such an extent as is possible to
eliminate flooding and excess maintenance requirements. The changing
of natural drainageway locations will not be approved unless such
change is shown to be without adverse effects and substantiated by
thorough analysis and investigation.
(c)
Stormwater runoff from off-site drainage areas
and systems that pass through the site must be accommodated by the
drainage plan so that the original drainage pattern is left essentially
unchanged to avoid creation of a new hazard to downstream property.
When deemed necessary, drainage easements shall be established to
provide for routing of the stormwater.
(d)
Storm drainage systems shall be provided for
all stormwater runoff coming to or accumulating on the street and
should have sufficient capacity to carry the volume of runoff as computed
herein.
(2)
Drainage report.
(a)
Drainage study.
[1]
A drainage study shall be submitted which identifies
drainageways, floodplains, ponding areas, locations of culverts, bridges,
open channels and drainage basins which are tributary to the proposed
development.
[2]
The drainage study should include a thorough
analysis and discuss:
[a]
Alternate solutions to drainage
problems which have been identified by the study.
[b]
The analysis of downstream and
upstream drainage facilities.
[c]
The ability of the downstream drainage
facilities to pass developed runoff from the proposed development.
[d]
Drainage problems which may be
anticipated to occur within the development and solutions.
[3]
The discussion should be accompanied with calculations,
maps, details and other supplemental information to support the assumptions,
analysis and conclusions, including, but not limited to, the following:
[a]
Calculations for peak flow of all
off-site tributary drainage basins. Runoff analysis shall take into
consideration the future developed condition of all areas contributing
runoff to the site.
[b]
Hydraulic calculations and analysis
of downstream drainage facilities.
[c]
Map identifying off-site tributary
drainage basins, location and size of downstream and upstream facilities,
flood zones, existing topography and problem areas.
[d]
Details of critical downstream
or upstream drainage structures.
(b)
Calculations and plans.
[1]
Drainage calculations shall be submitted for
the analysis of predeveloped drainage areas, developed drainage areas
and all proposed and existing drainage facilities. They shall include,
but not be limited to, the method of determining the runoff coefficient,
time of concentration and travel distance for each individual drainage
basin; roughness coefficients for pipes, streams and swales; and necessary
worksheets, hydrographs, charts and diagrams used for the design and
analysis.
[2]
A drainage plan and details shall be submitted
which includes, but is not limited to the following information:
[b]
Predeveloped drainage areas numbered
to correspond to the drainage calculations.
[c]
Developed drainage areas numbered
to correspond to the drainage calculations.
[d]
Existing drainage facilities and
structure and all pertinent information, such as size, shape, slope,
location and inverts.
[e]
Proposed storm sewers, drainageways
and easements, inlets, manholes, culverts, drainage structures and
floodplains.
[f]
Proposed runoff outfall points.
[g]
Routing and accumulative flows
at various critical points for stormwater runoff.
[h]
Construction details of all proposed
drainage structures, including inlets, manholes, culverts, detention/retention
basins, pipe and bedding and appurtenances.
[i]
Drainage facilities located in
the street rights-of-way shall be shown on the street profile drawing.
(3)
Design criteria.
(a)
The method, as defined in the U.S. Department
of Agriculture, Soil Conservation Service, Urban Hydrology for Small
Watersheds, Technical Release No. 55, latest edition; the rational
method; or other methods as approved by the Board engineer are acceptable
as long as the method meets the criteria and standards set forth herein,
except that the rational method shall not be used to calculate the
peak rate of runoff from any areas larger than 100 acres.
(b)
The capacity and design of all storm sewer systems
shall be based on a design storm of a ten-year frequency, twenty-four-hour
rainfall and shall carry the peak discharge from the entire upstream
watershed.
(c)
The capacity and design of culverts and open
channels shall be based on runoff, as a minimum, from a design storm
of a twenty-five-year frequency, twenty-four-hour rainfall or as required
by any other authority having jurisdiction, and shall carry the peak
discharge from the entire upstream watershed.
(d)
Where detention facilities are deemed necessary,
they shall accommodate site runoff generated from two-year, ten-year
and one-hundred-year storms considered individually, unless the detention
basin is classified as a dam, in which case the facility must also
comply with the Dam Safety Standards, N.J.A.C. 7:20. These design
storms shall be defined as either a twenty-four-hour storm, using
the rainfall distribution recommended by the U.S. Soil Conservation
Service when using U.S. Soil Conservation Service procedures, such
as U.S. Soil Conservation Service, Urban Hydrology for Small Watersheds,
Technical Release No. 55, or as the estimated maximum rainfall for
the estimated time of concentration of runoff at the site when using
a design method such as the rational method. Runoff greater than that
occurring from the one-hundred-year, twenty-four-hour storm will be
passed over an emergency spillway. Detention will be provided so that
after development the peak rate of flow from the site will not exceed
the corresponding flow which would have been created by similar storms
prior to development. For purposes of computing runoff, lands in the
site shall be assumed, prior to development, to be in good condition,
if the lands are pastures, lawns or parks, with good cover, if the
lands are woods, or with conservation treatment, if the land is cultivated,
regardless of conditions existing at the time of computation.
(e)
The capacity and design of retention and recharge
facilities shall be based on a design storm of a fifty-year frequency,
twenty-four-hour rainfall and provide an emergency spillway based
on a design storm of a one-hundred-year frequency, twenty-four-hour
rainfall.
(f)
The design criteria for the rational method
for areas of 100 acres or less shall be as follows:
[1]
Formula. Computation for the rate of flow at
a given location shall be based on the formula: Q = CIA, where Q =
peak discharge volume in cubic feet per second; C = runoff coefficient;
I = intensity of rainfall in inches per hour; and A = watershed area
in acres.
[2]
Runoff coefficient (C). The values are presented
for different surface characteristics as well as for different surface
aggregate land uses. The coefficients for the various surface areas
can be used to develop a composite value for a different land use:
|
Type of Drainage Area
|
Runoff Coefficient (C)
| ||
|---|---|---|---|
|
Residential
| |||
|
One acre or greater
|
0.30 - 0.50
| ||
|
20,000 sq. ft. to one acre
|
0.40 - 0.65
| ||
|
Less than 20,000 sq. ft.
|
0.50 - 0.70
| ||
|
Multifamily
|
0.60 - 0.75
| ||
|
Commercial
|
0.70 - 0.93
| ||
|
Industrial
|
0.65 - 0.90
| ||
|
Rural (farm and woodland)
|
0.10 - 0.30
| ||
|
Park, open space
|
0.20 - 0.35
| ||
|
Lawns
| |||
|
Up to 2% slope
|
0.15 - 0.30
| ||
|
2% - 7% slope
|
0.20 - 0.35
| ||
|
Grassed areas (more than 7%)
|
0.25 - 0.40
| ||
|
Paved surfaces, roofs
|
0.90 - 1.00
| ||
|
Gravel
|
0.25 - 0.65
| ||
|
Sand
| |||
|
Bare
|
0.15 - 0.50
| ||
|
With vegetation
|
0.10 - 0.35
| ||
|
Loam
| |||
|
Bare
|
0 20 - 0.60
| ||
|
With vegetation
|
0 10 - 0.40
| ||
|
Clay
| |||
|
Bare
|
0.30 - 0.75
| ||
|
With vegetation
|
0.20 - 0.55
| ||
[3]
Intensity (I). The average rainfall rate for
the period of maximum rainfall having a duration equal to the time
of concentration. The value shall be obtained from the Rainfall Intensity
- Duration - Frequency curves for Trenton, New Jersey.
[4]
Time of concentration. The duration of the storm
is the time required for the runoff from the most remote point of
the drainage basin to reach the point being considered, length of
travel, which consists of an overland flow time plus the time of travel
in a storm sewer, gutter, drainageway or swale. The time of travel
shall be derived from the State of New Jersey Highway Authority nomograph
or as approved by the Board engineer.
(g)
Design criteria for the soil conservation method
is that outlined in the U.S. Department of Agriculture Soil Conservation
Service Technical Release No. 55 for Urban Hydrology for Small Water
Sheds. The runoff curve numbers (CN) for predeveloped runoff shall
be based on the cover type being in a good condition and the most
favorable cover type found during the year.
(4)
Storm sewer design and standards.
(a)
Hydraulic calculations for storm drain pipes
shall be based on Mannings formula for pipes flowing full and shall
be designed to carry the maximum runoff, as stated elsewhere in these
chapters.
(b)
The following coefficients for roughness shall
be used in the Manning formula to determine pipe capacity:
[1]
Concrete pipe: N = 0.013.
[2]
Concrete pipe box culverts: N = 0.013.
[3]
For all other pipe types, use “N”
values as specified by the manufacturer. The supporting documentation
for these values should be submitted for approval by the Board engineer,
or as established by the New Jersey Department of Transportation.
(c)
Storm sewer pipe grades shall be such that a
minimum velocity of 2.5 feet per second will be obtained with a pipe
flowing one-quarter full.
(d)
All storm sewer pipe under the road bed shall
be designed for American Association of State Highway Officials H20-44
loading. All storm sewer pipe shall be of reinforced concrete pipe,
Class III, Wall B strength and have a minimum cover of two feet. If
the depth of cover is less than two feet, but more than one foot,
Class IV reinforced concrete pipe shall be used. Alternate pipe material
may be used for specific conditions as approved by the Board engineer.
(e)
Storm sewer pipe shall have a minimum inside
diameter of 15 inches, with a maximum length of 50 feet. All storm
sewer pipe having a length in excess of 50 feet shall have a minimum
inside diameter of 18 inches. All pipe located under a roadbed shall
be at least one size larger than required to carry the maximum runoff.
Where pipe sizes increase, the general practice shall be to keep the
inside top of the larger pipe at the same elevation as the inside
top of the smaller pipe.
(f)
All transitions in slopes, horizontal direction
and pipe size shall be made in a manhole, inlet or other accessible
structure designed for the above purpose.
(g)
Pipe starting or terminating in an open ditch
or area shall have suitable headwalls. Erosion protection shall be
provided at the outfall in accordance with Soil Conservation Standards.
Additionally, trash bars shall be installed on all outlet pipes equal
to or greater than 24 inches in diameter. Flared end sections and
other protective treatment will be considered in specific cases and
subject to approval by the Board engineer.
(h)
Inlets shall be located at street intersections
to intercept stormwater prior to reaching pedestrian crossings and
at street low points. However, the spacing of inlets shall not exceed
400 feet or a design inlet flow of 6.0 cubic feet per second, whichever
condition is more stringent. Access manholes shall be spaced at a
maximum of four-hundred-foot intervals and at sewer junctions where
there are no inlets.
(i)
Grease traps, oil skimmers, sediment basins
and other water quality structures shall be installed in the catchbasins,
as required by the Board engineer.
(j)
Inlets and catchbasins shall be designed in
accordance with New Jersey State Highway Department Standard Plans
and Specifications. Frames and grates shall be Campbell Foundry Company
Pattern No. 2617 Bicycle Grates, or an approved equal.
(k)
Manholes shall be precast concrete, brick or
concrete block, coated with two coats of portland cement mortar.
(l)
If precast manhole barrels and cones are used,
they shall conform to ASTM Specification C-473, with round rubber
gasketed joints, conforming to ASTM Specification C-923. Maximum absorption
shall be 8%, in accordance with ASTM Specification C-478, method A.
(m)
If precast manholes are utilized, the top riser
section shall terminate less than one foot below the finished grade
and the manhole cover shall be flush with the finished grade.
(n)
Manhole frames and covers shall be of cast iron,
conforming to ASTM Specification A-48 Class 30, and be suitable for
H-20 loading capacity. All manhole covers in rights-of-way or in remote
areas shall be provided with a locking device. The letters “Year
20___” and the words “STORM SEWER” shall be cast
integrally in the cover.
(5)
Open channels.
(a)
Open channels shall be designed in accordance
with Soil Conservation Standards and provide stable soil side slopes
with a maximum slope of one vertical to three horizontal. The design
shall include suitable vegetative cover to prevent soil erosion. In
general, velocities in open channels at design flow shall not be less
than 0.05 foot per second and not greater than that velocity which
will begin to cause erosion or scouring of the channel. At the transition
between closed conduits and open channels or different types of open
channels, suitable provisions must be made to accommodate the velocity
transitions. These provisions may include rip-rapping, gabions, lining,
aprons, chutes and checks or others, all suitably detailed and approved.
(6)
Detention and retention facilities.
(a)
Detention and retention facilities must be designed
in accordance with the current standards of the New Jersey Department
of Environmental Protection, the Soil Conservation Standards and as
otherwise directed by the Board engineer. All such facilities must
be designed in a manner that no adverse impact will result to lands
downstream. All design proposals must be accompanied by an assessment
of any impact to lands downstream and complete design details.
(b)
All detention and retention facilities for developments
shall be designed using the Sod Conservation Method, as supplemented
and amended. The modified rational method may be used for developments
of 20 acres or less.
(c)
The facilities shall contain sufficient volume
to contain the design storm with one foot of freeboard on all sides,
except for the emergency spillway which shall be protected to prevent
soil erosion.
(d)
A soil boring and percolation, or permeability,
test will be required for each basin. The results shall be submitted
with an estimate of the depth to seasonal high water table shown on
the log.
(e)
The bottom of the basin shall be located a minimum
of two feet above the seasonal high water table. The time required
for a retention basin to drain after the design storm shall be provided.
Detention basins shall be equipped with a low flow channel and underdrains.
(f)
Detention and retention basins shall be fully enclosed with a minimum six feet in height chain link fence, or other type of appropriate barricade as is acceptable to the Board. All basins shall also be provided with an appropriate landscaped buffer prepared in conformity with Chapter 119, Landscaping, §§ 119-9 through 119-13.
(7)
Maintenance.
(a)
All detention/retention, recharge facilities
and stormwater conduits which are to be maintained by a private property
owner, homeowner's association or other responsible party are required
to submit a maintenance schedule for approval by the approving authority.
If, in the opinion of the Township Engineer, the drainage system is
not maintained, the Township shall give appropriate notice of the
nature of the existing defects. Furthermore, if the party responsible
for maintenance fails, within 30 days of the date of notice, to take
appropriate action to rectify these defects, the Township may take
necessary corrective action, the cost of which shall be charged to
the responsible party and assessed against the responsible lots.
(b)
These conditions shall be set forth in a deed
declaration for the responsible lots and shall run with the land.
T.
Streams. Where a development is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a drainage
easement, or right-of-way, conforming substantially with the lines
of such watercourse and such further width as will be adequate for
construction or maintenance purposes.
A.
General provisions. No application for preliminary
major site plan review, major subdivision approval or overall development
plan approval for a planned development shall be approved unless it
is has been determined by the Township Planning Board or other appropriate
Township agency, in accordance with the provisions of this section,
that the applicant has utilized reasonable site planning design alternatives
to mitigate adverse impacts to specific elements of the environment,
including the prevention of soil erosion, preservation of trees and
other important vegetation, protection of watercourses and floodplains,
protection of water sources, protection of wetlands, protection of
air quality, protection of endangered or other protected species of
wildlife and preservation of historic features.
B.
Applications requiring environmental impact statement.
(1)
All applications for preliminary major site plan or
major subdivision approval, as well as applications for overall development
plan approval for a planned development shall include an environmental
impact statement (EIS).
(2)
An environmental impact statement shall not be required
where:
(a)
The application is for a minor subdivision.
(b)
The application is for a preliminary site plan
or residential subdivision approval of all or part of a planned development
which has a previously approved overall development plan. For purposes
of this exemption, a previously approved concept plan shall not be
a basis for a waiver of the provisions of this section.
(c)
The application is in connection with a previously
approved preliminary site plan or residential subdivision plan.
(d)
The application pertains to the revision of
a previously approved site plan and the revision will not significantly
alter the environmental aspects of the site design. In this instance,
the Planning Board may make inquiries of the applicant or require
the applicant to justify an exemption pursuant to this subsection.
(e)
The Planning Board waives the requirement set
forth in this subsection if sufficient evidence is submitted to support
a conclusion that the proposed development or subdivision will have
a slight or negligible environmental impact. Portions of the requirements
of this subsection, if not waived entirely, may likewise be waived
by the Planning Board, or other appropriate Township agency, upon
finding that the complete report need not be prepared in order to
evaluate the environmental impact of a particular project.
C.
Environmental impact statements. Simultaneously with
the fling of an application for preliminary major site plan review,
major subdivision or overall development plan approval for planned
development, the applicant shall submit to the Planning Board 10 copies
of an environmental impact statement, which shall provide, at a minimum,
the following information:
(1)
Site description. To within 1/8 mile of the project.
(a)
Location.
(b)
Zoning.
(c)
Present land use.
(d)
Acreage of project and character.
(e)
Soil type.
(f)
Geological characteristics.
(g)
Presence and location of any historic or prehistoric
features.
(h)
Presence of wetlands, water bodies, steep slopes,
flood hazard areas, aquifer recharge areas, prime farmlands or mature
forests.
(i)
Existing traffic conditions.
(j)
Public utilities.
(k)
Indigenous wildlife, fauna or other naturally
existing and/or endangered species presently on site.
(l)
Site of historical interest or significance.
(m)
Any other features or aspects of the site to
within 1/8 mile of the project which will be affected by the completion
of the project contemplated in the application.
(2)
Project description.
(a)
Physical dimensions and scales.
(b)
Number and type of housing units if residential.
(c)
If industrial or commercial, a complete description,
including production rates, employment, nature quantities and disposition
of raw materials, finished products and waste.
(d)
A statement regarding the disposition of any
topsoil or other excavated material.
(3)
Alternatives. A listing of all alternatives considered
and the reasons for choosing a particular course of action.
(4)
Assessment of impact. An assessment of the impacts,
both direct and indirect, of the proposed project, both adverse and
beneficial, with regard to the following:
(a)
Air quality.
(b)
Water quality.
(c)
Noise.
(d)
Land use and traffic patterns.
(e)
Damage or destruction of open space, wildlife
habitats, wetlands, agricultural lands, wooded lands, aquifer recharge
areas and vegetation.
(f)
Natural resources.
(g)
Soil erosion.
(h)
Potential soil loss.
(i)
Soil nutrient retention.
(j)
Drainage and flooding.
(k)
Effects of existing water bodies.
(5)
Unavoidable adverse impact. A discussion of all adverse
impacts that cannot be avoided and the reasons therefor.
(6)
Minimizing adverse impact during construction. A description
of all steps taken to minimize adverse environmental impacts during
construction at the project site and in any adjacent areas.
D.
Waivers for elements of environmental impact statements.
(1)
As part of the environmental impact statement, the applicant may submit a request to the Planning Board for a waiver of the requirements for environmental review with respect to one or more of the elements of the environment listed in Subsection C. The Planning Board may grant such a waiver if it is determined that the literal enforcement of the provisions of this section is impractical, will exact an undue hardship because of peculiar conditions pertaining to the land in question or if there is sufficient evidence submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact.
(2)
Such a waiver may be granted by the Planning Board,
or other appropriate Township agency, only after written application
to so waive the provisions of the within requirement and a determination
by the Planning Board, or other appropriate agency, and its professionals
is made that such a waiver is appropriate under this section. The
application for development, site plan approval, subdivision approval
or other such application shall not be deemed complete until such
waiver is granted by the Planning Board, or other appropriate Township
agency, or, in the alternative, until such time as the environmental
impact statement is provided to the Planning Board pursuant to its
requirements.
E.
Preparation of environmental impact statement. The
Planning Board may determine that it is appropriate to prepare an
environmental impact statement pursuant to its own motion in any given
application for a major site plan or a major subdivision. In that
event, the Planning Board shall retain its own professionals to prepare
such statement, and the appropriate applicant shall be charged for
all costs involved in the preparation of the environmental impact
statement.
F.
Review of application and environmental impact statement.
(1)
The environmental impact statement shall be reviewed
by the Planning Board, its professionals and any other Township agencies
before whom such application shall or may be reviewed.
(2)
No application for development shall be approved unless
the Planning Board determines that the applicant has used reasonable
and appropriate planning design alternatives to mitigate the adverse
effects to the environment in relation to the items set forth above.
(3)
If the Planning Board determines that the applicant
has not provided for reasonable and appropriate site plan design alternatives
to mitigate any adverse impacts that the development may have on the
environment in relation to the items set forth above, the applicant
shall have the option of submitting more detailed information, clarifying
information or changing proposed site plan techniques for environmental
protection.
(4)
In accordance with the provisions of N.J.S.A. 40:56A-1 et seq., the environmental commission, if any, may submit an advisory report to the Planning Board concerning the proposed environmental impact statement. Such report may include any recommendations, suggestions or comments pertaining to the impact of the proposed development on the elements of the environment set forth in § 185-23C(4). The Planning Board may take into consideration any advisory report submitted by the environmental commission, in its determination of the appropriateness of the site planning alternatives proposed by the applicant to mitigate adverse impacts to the environment, but approval of the environmental impact statement rests solely with the Planning Board. In any event, if the Environmental Commission has failed to submit its comments within 35 days of the applicant's submission of the EIS, the Environmental Commission shall be deemed to have elected to waive its right to comment on the submission.
(5)
In cases of conflict between state and locally mandated
environmental standards, state standards shall apply.
A.
Improvements to be constructed at sole expense of
applicant. In cases where reasonable and necessary need for an off-tract
improvement or improvements is necessitated or required by the proposed
development application, and where no other property owners receive
a special benefit thereby, the Board may require the applicant, as
a condition of approval, at the applicant's expense, to provide for
and construct such improvement(s) as if such were on-tract improvements
in the manner provided hereafter and as otherwise provided by law.
B.
Other improvements.
(1)
In cases where the need for any off-tract improvement
is necessitated by the proposed development application and where
the Board determines that properties outside the development will
also be benefited by the improvement, the Board shall forthwith forward
to the Township Council a list and description of all such improvements,
together with its request that the Township Council determine and
advise the Board of the procedure to be followed in the construction
or installation thereof. The Board shall withhold action upon the
development application until receipt of the Township Council's determination
or until the expiration of 90 days after the forwarding of such list
and description to the Township Council without such determination
having been made, whichever occurs sooner.
(2)
The Township Council, within 90 days after receipt
of such list and description, shall determine and advise the Board
whether:
(a)
The improvements are to be constructed or installed
by the Township:
[1]
As a general improvement, the cost of which
is to be borne at general expense, except as hereinafter otherwise
provided as to a contribution thereto by the applicant.
[2]
As a local improvement, all or part of the cost
of which is to be specially assessed against properties benefited
thereby in proportion to benefits conferred by the improvements in
accordance with law, except as hereinafter otherwise provided as to
a contribution thereto by the applicant.
(b)
The improvement or improvements are to be constructed
or installed by the applicant under a formula for partial reimbursement,
as hereinafter set forth.
(3)
If the Township Council shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[1], the Board shall estimate, with the aide of the Township Engineer, or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the applicant shall be liable to the Township for such excess.
(4)
If the Township Council shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[2], the Board shall estimate, as provided in Subsection B(3), above, the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specifically benefited by the improvement, and the applicant shall be liable to the Township therefore, as well as for the amount of any special assessments against the development property conferred by the improvement or improvements. Further, the Township Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefore in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under such ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(5)
If the Township Council shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection B(2)(b), above, the Board shall in like manner estimate the amount of such excess and the applicant shall be liable to the Township therefore, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessments against the property, other than the development property, for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the Township Council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements and proceedings under such ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.
(6)
If the Township Council shall not adopt such an ordinance
or resolution within such time, the final development proposal shall
be designed accordingly, and the Board shall thereupon grant or deny
final approval.
C.
Performance guarantees. The applicant shall be required
to provide, as a condition for final approval of the development application,
a performance guarantee running to the Township as follows:
(1)
If the improvement is to be constructed by the applicant under Subsection B(2)(b), a performance bond with surety in an amount equal to the estimated cost of the improvement, or as to any part of such improvement that is to be acquired or installed by the Township under such § 185-24A, a cash deposit equal to the estimated cost of such acquisition or installation by the Township.
(2)
If the improvement is to be constructed by the Township as a local improvement under Subsection B(2)(a)[2], a cash deposit equal to the amount referred to in Subsection C(1), above, plus the estimated amount by which the development property will be specially benefited by the improvement.
D.
Deposit of funds. All monies paid by an applicant
pursuant to this section shall be paid over to the Township Treasurer,
who shall provide a suitable depository therefore. Such funds shall
be used only for the improvements for which they are deposited or
improvements serving the same purpose.
E.
Redetermination of assessment upon completion of improvement.
Upon completion of off-tract improvements required pursuant to this
section, the applicant's liability hereunder shall be recalculated
in accordance with the actual, as compared with the estimated, cost
of the improvements. To the extent that such recalculation shall increase
the amount of any deposit made by the applicant hereunder, the applicant
shall forthwith pay the amount of such increase to the Township. To
the extent that it shall decrease the amount thereof, the Township
shall forthwith refund the amount of such decrease to the applicant.
In case where improvements are specifically assessed against all benefited
properties, recalculation shall be made by the Township assessing
authority in the course of the assessment proceedings. In other cases,
it shall be made by the Township Engineer.
A.
Exemption. Divisions of land where all resulting parcels
of land exceed five acres and which are found by the Planning Board
to be for agricultural purposes are exempt from the provisions of
this chapter.
B.
Presumption of agricultural purposes. Divisions of
land shall be presumed to be for agricultural purposes within the
meaning of this section if the subdivision meets all of the following
requirements:
C.
Presumption against agricultural purposes. Division
of land that shall be rebuttably presumed to be for other than agricultural
purposes within the meaning of this section are those which:
(1)
Contain frontage on an existing public street;
(2)
Would result in the creation of one or more parcels
readily adaptable to accommodate the construction of additional residential
units;
(3)
Would result in the creation of one or more new lots;
or
(4)
Would result in one or more parcels that, by virtue
of the quantity or quality of the land, either standing alone or in
combination with other land, do not appear to be viable economic agricultural
units.
D.
Building permits restricted. No building permit shall
issue for structures other than agricultural buildings on a lot created
pursuant hereto unless minor subdivision has first been obtained from
the Planning Board.
