A.
Approval of a minor subdivision shall expire 190 days
from the date on which the resolution of municipal approval is adopted
unless within such period a plat in conformity with such approval
and the provisions of N.J.S.A. 46:23-9.9 et seq. is filed by the developer
with the County Recording Officer, the Township Engineer and the Township
Tax Assessor. Any such plat accepted for such filing shall have been
signed by the Chairman and Secretary of the Board.
B.
The Planning Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat if the developer proves
to the reasonable satisfaction of the Planning Board that the developer
was barred or prevented, directly or indirectly, from filing because
of delays in obtaining legally required approvals from other governmental
or quasi-governmental entities; and that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the Planning Board. The
developer may apply for the extension either before or after what
would otherwise be the expiration date.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or minor site plan approval was granted, shall not be changed for a period of two years after the date on which the resolution of approval is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in § 218-50. With regard to both minor subdivision and minor site plan approvals, the Planning Board shall grant an extension of the original approval period for an additional 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 governmental entities and that the developer applied promptly for and diligently pursued approvals. A developer shall apply for this extension before:
An application for preliminary approval for a major subdivision or major site plan shall be filed in accordance with Article VI of this chapter and shall contain all the data and information prescribed in §§ 218-64 and 218-67. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.
If the Planning Board requires any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of a hearing, an amended application for
development shall be submitted and proceeded upon as in the case of
the original application for development. The Planning Board shall,
if the proposed development complies with the requirements of this
chapter, together with any conditions imposed by the Board, grant
preliminary site plan approval.
A.
If the Planning Board acts favorably on a preliminary
site plan or preliminary major subdivision, a notation to that effect
shall be made on the map.
B.
Preliminary approval of a major site plan or major
subdivision shall confer upon the applicant the following rights for
three years from the date on which the resolution of preliminary approval
was adopted:
(1)
That the general terms and conditions on which preliminary
approval was 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;
and, in the case of a site plan, any requirements peculiar to site
plan approval; except that nothing herein shall be construed to prevent
the municipality from modifying by ordinance such general terms and
conditions of preliminary approval as relate to public health and
safety.
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole preliminary
subdivision plat or site plan or sections thereof, as the case may
be.
(3)
That the applicant may apply for the Planning Board
to 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.
C.
Whenever the Planning Board grants an extension of
preliminary approval pursuant to this chapter 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.
D.
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:
(1)
What would otherwise be the expiration date of preliminary
approval; or
A.
Prior to the filing of an application for final subdivision
approval, the applicant shall have installed the improvements required
under this chapter under the inspection of the Township Engineer,
except that the Planning Board may accept performance guaranties to
assure the installation of all on-tract and off-tract improvements.
B.
Prior to the filing of an application for final site
plan approval, the applicant shall have installed any public on-tract
improvements described in this chapter as may be required in connection
with the site development; provided, however, that the Planning Board
may accept performance guaranties for the later installation of on-tract
and off-tract improvements, all such improvements to be subject to
the inspection of the Township Engineer.
Before recording of final subdivision plats
or as a condition of final site plan approval, the Planning Board
or Board of Adjustment may require the provision of performance and
maintenance guaranties in accordance with the following standards.
If improvements are installed prior to final subdivision approval,
construction plans and specifications shall be approved by the Township
Engineer prior to construction of the improvements.
A.
Amount estimated.
(1)
A performance and maintenance guaranty estimate shall
be approved by the Township Engineer setting forth all requirements,
as fixed by the Planning Board or Board of Adjustment, and the estimated
cost of providing the same. The cost of the installation of improvements
for the purposes of performance guaranties and maintenance guaranties
shall be estimated by the Municipal Engineer based on documented construction
costs for public improvements prevailing in the general area of the
municipality. The developer may appeal the Municipal Engineer's estimate
to the governing body. The governing body shall decide the appeal
within 45 days of receipt of the appeal, in writing, by the Municipal
Clerk. After the developer posts a guaranty with the municipality
based on the cost of the installation of improvements as determined
by the governing body, he may institute legal action within one year
of the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guaranty.
(2)
The governing body shall pass a resolution either
approving or adjusting this performance and maintenance guaranty estimate.
The amount of the performance guaranty shall not exceed 120% of the
estimated cost. The amount of the maintenance guaranty shall not exceed
15% of the cost of the improvements. Said cost shall be determined
by the Municipal Engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4. The performance guaranty costs and
the maintenance guaranty costs shall be calculated by the Municipal
Engineer. The Municipal Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guaranty, which itemized
cost estimates shall be appended to each performance guaranty posted
by the obligor.
B.
Approval by Municipal Attorney.
(1)
The subdivider shall present two copies of the performance
guaranty in an amount equal to the estimate for approval as to form
and execution by the Municipal Attorney.
(2)
The Municipal Attorney shall notify the Secretary
of the Board prior to the meeting that the performance guaranty is
properly executed and can be added to the agenda.
C.
Bonding and cash requirements.
(1)
The performance guaranty shall be made payable and
deposited to Middle Township and shall be in the form of cash or a
certified check or a performance bond in which the owner shall be
principal, the bond to be provided by an acceptable surety company
licensed to do business in the State of New Jersey. The Township shall
issue its receipt for such deposits and shall cause the same to be
deposited in a bank named by the municipality in the name of the Township
to be retained as security for completion of all requirements and
to be returned to the owner on completion of all required work, or,
in the event of default on the part of the owner, to be used by the
Township to pay the cost and expense of obtaining completion of all
requirements. Every bond, whether cash or surety, shall contain a
clause to the effect that a determination by the Township Engineer
that the principal has defaulted in the performance of his obligation
shall be binding upon the surety and the principal.
(2)
Ten percent of the amount of the approved performance
guaranty estimate shall be deposited by the owner in cash with the
Township. The remaining 90% may be in cash or surety bond. In the
event of default, the ten-percent fund herein mentioned shall be first
applied to the completion of the requirements, and the cash or the
surety bond shall thereafter be resorted to, if necessary, for the
completion of the requirements. The cash or surety bond shall recite
the foregoing provisions.
(3)
The approving authority shall accept a performance
guaranty or maintenance guaranty which is an irrevocable letter of
credit if it:
(a)
Constitutes an unconditional payment obligation
of the issuer running solely to the municipality for an express initial
period of time in the amount determined pursuant to N.J.S.A. 40:55D-53.
(b)
Is issued by a banking or savings institution
authorized to do and doing business in the State of New Jersey.
(c)
Is for an unlimited period of time or is self-renewing
in perpetuity.
[Amended 3-5-2001 by Ord. No. 1078-2001]
(d)
Permits the municipality to draw upon the letter
of credit at any time upon the failure of the subdivider to complete
the off-site improvements.
[Amended 3-5-2001 by Ord. No. 1078-2001]
A.
In no case shall any paving work (including prime
and seal coats) be done without permission from the Township Engineer.
At least two working days notice shall be given to the Township Engineer
prior to any such construction so that he or a qualified representative
may be present at the time the work is to be done.
B.
The Township Engineer shall be notified two days prior
to the start of planting of any required landscaping in order that
he or a qualified representative may inspect the stock for variety,
condition, size and quality.
C.
The Township Engineer shall be notified two days prior
to the laying of pipe or lining of an open channel with broken stone
so that he or a qualified representative may inspect the condition
of the trenches, in the case of pipe, and the preparation of the bed
and suitability of the stone in the case of broken-stone-lined open
channels.
D.
Notification of governing body.
(1)
Upon at least substantial completion of all required
sanitary sewers or water mains and the connection of same to the public
system(s) and upon full completion of each of the following phases
of work, the subdivider or developer shall notify the governing body,
in writing, by certified mail addressed in care of the Township Clerk,
and shall send a copy thereof to the Township Engineer, so that he
or a qualified representative may inspect the work:
(2)
Upon substantial improvement of all required street
improvements (except for the top course) and appurtenant utility improvements
and the connection of same to the public system, the developer may
request of the governing body, in writing, by certified mail, addressed
in care of the Municipal Clerk, that the Municipal Engineer prepare,
in accordance with the itemized costs estimate prepared by the Municipal
Engineer and appended to the performance guaranty, 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 Municipal Engineer.
The request shall indicate which improvements have been completed
and which improvements remain uncompleted in the judgment of the developer.
(3)
Thereupon the Municipal Engineer shall inspect all
improvements covered by the developer's request and shall file a detailed
list and report, in writing, with the governing body and shall simultaneously
send a copy thereof to the obligor not later than 45 days after receipt
of the developer's request.
(4)
The list prepared by the Municipal 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 such 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 Municipal
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 guaranty relating to the
completed and satisfactory improvement, in accordance with the itemized
cost estimate prepared by the Municipal Engineer and appended to the
performance guaranty.
E.
Prior to notifying the governing body of the completion
or substantial completion of any improvements covered by the performance
guaranty, the subdivider or developer shall prepare and submit to
the Township Engineer a set of the approved public improvements and
public sewer and water plans and profiles amended to read "as constructed."
F.
The inspection of all improvements of which such notice
has been given shall be started within 10 days of notification. The
inspector shall determine whether the work is satisfactory and in
agreement with the approved final plat drawings and Township specifications.
The general condition of the site shall also be considered.
G.
Within 30 days of the final inspection, the Township
Engineer shall prepare and file with the governing body a detailed,
written report indicating either his approval, partial approval or
rejection of the improvements inspected, with stated reasons for any
rejection. The cost of the improvements as approved or rejected shall
be set forth and certified.
H.
In the event that final approval of a development
has been granted in stages or sections and, hence, the construction
of the required improvements is to be undertaken in stages or sections,
bonding and inspection of improvements shall also be in stages or
sections.
I.
Inspection by the Township of the installation of
improvements and utilities shall not operate to subject the Township
to liability for claims, suits or liability of any kind that may at
any time arise because of defects or negligence during construction
or at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the owner and his
contractors, if any.
J.
In cases of land development which proposes construction
over a period of years, the Planning Board may require, as a condition
of approval, such bonds, guaranties, improvements and related matters
as are required for the protection of the interests of the public
and of the residents, occupants and owners of the proposed development
in order to ensure the total completion of the development.
A.
The governing body, by resolution, shall either approve
the improvements determined to be complete and satisfactory by the
Municipal Engineer or reject any and all those improvements upon the
establishment in the resolution of cause for rejection and shall approve
and authorize the amount of reduction to be made in the performance
guaranty relating to the improvements accepted, in accordance with
the itemized cost estimate prepared by the Municipal Engineer and
appended to the performance guaranty. This resolution shall be adopted
not later than 45 days after receipt of the list and report prepared
by the Municipal Engineer. Upon adoption of the resolution by the
governing body, the developer shall be released from all liability
pursuant to the performance guaranty with respect to those approved
improvements except for that portion adequately sufficient to secure
completion or correction of the improvements not yet approved; provided
that 30% of the amount of the performance guaranty posted may be retained
to ensure completion and acceptability of all improvements.
(1)
If the Municipal Engineer fails to send or provide
the list and report as requested by the developer within 45 days from
receipt of the request, the developer may apply to the Court in a
summary manner for an order compelling the Municipal Engineer to provide
the list and report within a stated time, and the costs of applying
to the Court, including reasonable attorney's fees, may be awarded
to the prevailing party.
(2)
If the governing body fails to approve or reject the
improvements determined by the Municipal Engineer to be complete and
satisfactory or reduce the performance guaranty for the complete and
satisfactory improvements within 45 days from the receipt of the Municipal
Engineer's list and report, the developer may apply to the Court in
a summary manner for an order compelling, within a stated time, approval
of the complete and satisfactory improvements and approval of reduction
in the performance guaranty for the approvable complete and satisfactory
improvements in accordance with the itemized costs lists prepared
by the Municipal Engineer and appended to the performance guaranty;
and the cost of applying to the Court, including reasonable attorney's
fees, may be awarded to the prevailing party.
B.
The governing body shall take action on each performance
guaranty. A performance guaranty shall remain in full effect until
released, partially released or declared in default by resolution
of the governing body.
C.
The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by the governing body by resolution; provided, however, that it is
the policy of the Township that no such extension shall be approved
unless extenuating circumstances have prevented the developer from
completing the improvements within the time allowed. As a condition
or as part of any such extension, the amount of the original performance
guaranty shall be increased or reduced, as the case may be, to 120%
of the estimated cost of installation as certified by the Township
Engineer at the time of the passage of the resolution extending the
time. Determination of said costs by the Municipal Engineer shall
be according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
D.
Where partial approval of improvements is granted
by the governing body, the performance guarantee shall be released
as follows:
[Amended 5-5-2008 by Ord. No. 1297-08]
(1)
If all improvements are installed and accepted, except
for the second coat of asphalt on any street or road, all but 200%
of the engineer's estimate of the cost of the second coat of asphalt
shall be released. If the second coat of asphalt is not installed
within five years of the date of the partial bond release, the Township
Committee may declare the performance guarantee in default and use
the money to install the second coat of asphalt, or, the Township
Committee may accept an extension of the performance guarantee in
an amount which is 200% of the recalculated engineer's estimate of
the cost of the second coat of asphalt which performance guarantee
shall be for a period not to exceed five years.
(2)
In all other circumstances where improvements are
not yet completed, all but 120% of the cost of the outstanding improvements
(including the second coat of asphalt) or 30% of the amount of the
original performance guaranty, whichever is greater, shall be released.
E.
If any improvements have not been installed in accordance
with the performance guaranty, the subdivider or developer and surety
shall be liable thereon to the Township for the reasonable cost over
and above the ten-percent cash deposit on the improvements not installed,
and, upon receipt of the proceeds thereof, the Township shall install
such improvements. The Township shall also have all other remedies
as may be lawfully available. Any such completion or correction of
improvements shall be subject to the public bidding requirements of
Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
F.
In the event that the developer has made a cash deposit
with a municipality or approving authority as part of the performance
guaranty, then any partial reduction granted in the performance guaranty
pursuant to this section shall be applied to the cash deposit in the
same proportion as the original cash deposit bears to the full amount
of the performance guaranty.
The approval of any application for development
by the Township shall in no way be construed as acceptance of any
street or drainage system or any other improvement, nor shall such
approval obligate the Township in any way to maintain or exercise
jurisdiction over such street or drainage system or other improvements.
No improvement shall be accepted by the governing body unless and
until all of the following conditions have been met:
A.
The Township Engineer shall have certified in writing
that the improvements are complete and that they comply with the requirements
of this chapter.
B.
The final application for development shall have been
approved by the Board.
C.
The owner shall have filed with the governing body
a maintenance guaranty in an amount equal to not more than 15% of
the original estimate of the cost of installing the improvements.
The maintenance guaranty shall run for a period of two years. The
procedures and requirements governing such maintenance guaranty shall
be identical with the procedures and requirements for a performance
guaranty set forth in this chapter. The requirements for a maintenance
guaranty may be waived by the governing body only if the Township
Engineer has certified that the improvements have been in continuous
use for not less than two years from the date the Township Engineer
certified completion of such improvements and that during this period
the owner has maintained the improvements in a satisfactory manner.
Pursuant to the Municipal Land Use Law, maintenance guaranties need
not be in cash.
A.
Duration of requirements.
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise,
shall not be changed for a period of two years after the date on which
the resolution of final approval was adopted; provided that in the
case of major subdivisions the rights conferred by this section shall
expire if the plat has not been recorded within the time period provided
in N.J.S.A. 40:55D-54. If the developer has followed the standards
prescribed for final approval and, in the case of a subdivision, has
duly recorded the plat as required in N.J.S.A. 40:55D-54, the Planning
Board may extend such period of protection for extensions of one year,
but not to exceed three extensions.
(2)
Notwithstanding any other provisions of the Municipal
Land Use Law, the granting of final approval terminates the time period
of approval pursuant to N.J.S.A. 40:55D-49 for the section granted
final approval. All conditions of final approval must be met within
two years and a final map must be filed within a two-year time period
after the adoption of the resolution. Whenever the Planning Board
grants an extension of final approval pursuant to this subsection
and final 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.
B.
The Planning Board shall grant an extension of final
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:
(1)
What would otherwise be the expiration date of final
approval; or
C.
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the County
Recording Officer. The Planning Board may, for good cause shown, extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat. The Planning Board may
extend the ninety-five-day or one-hundred-ninety-day period if the
developer proves to the reasonable satisfaction of the Planning Board
that the developer was barred or prevented, directly or indirectly,
from filing 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. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the Planning Board. The
developer may apply for an extension either before or after the original
expiration date.
If an approving authority includes as a condition
of approval of an application for development pursuant to the Municipal
Land Use Law the installation of streetlighting on a dedicated public
street connected to a public utility, then upon notification, in writing,
by the developer to the approving authority and governing body of
the municipality that the streetlighting on a dedicated public street
has been installed and accepted for service by the public utility
and that certificates of occupancy have been issued for at least 50%
of the dwelling units and 50% of the floor area of the nonresidential
uses on the dedicated street or portion thereof indicated by section
pursuant to N.J.S.A. 40:55D-38, the municipality shall, within 30
days following receipt of the notification, make appropriate arrangements
with the public utility for, and assume the payment of, the costs
of streetlighting on the dedicated public street on a continuing basis.
Compliance by the municipality with the provisions of this section
shall not be deemed to constitute acceptance of the street by the
municipality.
B.
The application form for minor subdivision review
shall be completed and shall be accompanied by a plat signed and sealed
by a licensed land surveyor, which plat shall be a certified survey
of the tract, and which shall show or include the following information:
(1)
Key maps showing the entire subdivision, clearly indicated,
in relation to the surrounding area and roadway system must be included
on the subdivision plan. The key maps shall be taken from the Middle
Township Zoning Map, the Middle Township Tax Map, the United States
Geodetic Survey Map and the Cape May County Soil Survey and shall
be at a scale of not less than one inch equals 2,000 feet.
(2)
The subdivision plan shall show the location of all
existing structures (designate whether they will remain or be removed),
wooded areas, roads, easements, utility services, driveways, streams,
bridges, culverts, drainage ditches and natural watercourses in and
within 200 feet of the subdivision.
(3)
Accurate dimensions of all existing structures from
all existing and proposed lot lines must be clearly shown.
(4)
A survey of the entire tract must be provided, unless
a proven hardship exists.
(5)
The scale at which the plat is drawn must be included
on the plan and must not be less than one inch equals 100 feet.
(6)
A North arrow, the date of preparation and any revision
dates shall be included on the plan.
(7)
If the proposed subdivision map was previously submitted
under a different title, the old name must appear on the plan.
(8)
The name and address of the owner and subdivider and
the names and addresses of all adjoining property owners, as disclosed
on the most recent municipal tax records, must appear on the plan.
Also, a signed consent of the owner of the property to be subdivided
must appear on the plan.
(9)
The Tax Map sheet number and block and lot numbers
must be indicated.
(10)
The dimensions of all proposed lot lines of
all new lots being created and parcels being retained, and any existing
lot lines to be eliminated by the proposed subdivision, shall be clearly
indicated.
(11)
The square footage and the acreage of the entire
tract and of the parcels being created must be indicated.
(12)
The name, address, license number and seal of
the person preparing the plan must appear on the map.
(13)
The plan must indicate the zoning classification
of the proposed subdivision and adjacent land. The proposed project's
compliance with the site zoning requirements must be specifically
outlined on the plan.
(14)
The plan shall contain a note as to whether
wetlands are present or absent on the subject property. If wetlands
are present, the wetlands boundary line must be delineated in the
field and verified by the New Jersey Department of Environmental Protection.
In addition, any associated wetland buffers imposed by the NJDEP must
be accurately shown on the plan.
(15)
The proposed lots must be designated by numbers
until the official lot numbers are assigned by the Middle Township
Tax Assessor.
(16)
The location of existing or proposed facilities
to provide water and sanitary facilities which will serve the proposed
development must appear on the plan.
(17)
Soil borings and percolation tests must be performed
on each proposed lot. The exact location of the borings and percolation
tests must be noted on the plan, and the boring results must include
an estimated depth to the seasonal high water table.
(18)
All proposed and required setback lines must
be clearly indicated on the plan.
(19)
Topography must be provided within the portion
to be subdivided and within 50 feet of the subdivision at two-foot
contour intervals.
(20)
The Planning Board may waive submission of any
required exhibits in appropriate cases and for specific subdivision
plans. Requests for such waivers should accompany the application
and should state the reason that such waivers are being requested.
Furthermore, the Board reserves the right to require additional information
as may be required by the specific application before the Board.
(21)
The plan must show existing and proposed monumentation.
(22)
All right-of-way dedications to the Township,
county or state must be shown on the plan.
(23)
All subdivided lots must front on an accepted
and/or improved street.
(24)
Sheet size shall be 8 1/2 inches by 13 inches,
15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42
inches.
[Added 5-5-2003 by Ord. No. 1131-2003]
(25)
Name and address of applicant.
[Added 5-5-2003 by Ord. No. 1131-2003]
(26)
Location and dimensions of all proposed and
existing easements, including sight easements, drainage easements,
utility easements, conservation easements, access easements and easements
of any other type.
[Added 5-5-2003 by Ord. No. 1131-2003]
(27)
Copies of all protective covenants and deed
restrictions.
[Added 5-5-2003 by Ord. No. 1131-2003]
(28)
If the subdivision is a further division of
an original tract of land for which previous subdivisions have been
approved within the current calendar year, supply a list of all subdivisions
previously approved and date of said approvals.
[Added 5-5-2003 by Ord. No. 1131-2003]
(29)
Such additional information and plat details
as are necessary to provide for filing of the plat pursuant to the
Map Filing Law (N.J.S.A. 46:23-9.9 et seq.)
[Added 5-5-2003 by Ord. No. 1131-2003]
A.
Applicants are encouraged to submit sketch plans for
informal discussion and recommendation prior to preparing detailed
plans and specifications. There is no specific time period for such
an informal review. Neither the developer nor the Board shall be bound
by the findings of any such review.
B.
Major subdivision plats for discussion purposes shall
be drawn to a scale of not less than one inch equals 100 feet.
An application for preliminary plat review and
approval shall include a completed application form, together with
a preliminary plat, which shall include the following information:
A.
General information.
(1)
Key maps showing the entire subdivision, clearly indicated,
in relation to the surrounding area and roadway system must be included
on the subdivision plan. The key maps shall be taken from the Middle
Township Zoning Map, the Middle Township Tax Map, the United States
Geodetic Survey Map and the Cape May County Soil Survey and shall
be at a scale of not less than one inch equals 2,000 feet.
(2)
The name of the proposed subdivision, block and lot
numbers, the date of preparation, revision dates, a North arrow, a
graphic scale and the following names and addresses must appear on
the plan:
(a)
The name and address of the record owner or
owners and the name and lot and block numbers of all adjoining property
owners within 200 feet as disclosed by the most recent municipal tax
records.
(b)
The name and address of the subdivider/applicant.
(c)
The name and address of the professional who
prepared the plat.
(3)
The major subdivision plat must be signed and sealed
by a licensed professional surveyor.
(4)
A survey of the entire tract must be provided, unless
a proven hardship exists.
(5)
If the proposed subdivision map was previously submitted
under a different title, the old name must appear on the plan.
(6)
The classification of the zoning district or districts
in which the proposed subdivision is located and the proposed project's
compliance with the zoning standards must appear on the plan. In addition,
the zoning classification of contiguous properties must be indicated
on the plan.
(7)
The acreage of the tract to be subdivided to the nearest
tenth of an acre and the number of lots to be created must be indicated
on the plan. The dimensions of all proposed lot lines of all new lots
being created and parcels being retained to the nearest foot and any
existing lot lines to be eliminated by the proposed subdivision shall
be clearly indicated.
(8)
The plan shall show the location of all existing structures
(with an indication of whether they will be removed or retained),
wooded areas, roads, railroads, easements, utility services, streams,
bridges, culverts, drainage ditches and natural watercourses in and
within 200 feet of the subdivision.
(9)
The present and proposed grades at NJGVD datum at
one-foot contour intervals must be provided. If the exiting slope
is 10% or greater, five-foot contour intervals are required.
(10)
The location and extent of drainage, conservation,
utility and sight triangle easements must be clearly indicated on
the subdivision.
(11)
When the development of the subdivision or improvements
within the subdivision are contingent upon information outside the
boundaries of said subdivision, such information shall be supplied
by the subdivider.
(12)
The established benchmark used for surveying
of the subdivision must be noted on the plan.
(13)
Any lands to be dedicated or reserved for public
use shall be clearly indicated.
(14)
Copies of any protective covenants or deed restrictions
proposed for application to the land being subdivided shall accompany
the preliminary plat.
(15)
The applicant shall submit a complete list of
other agencies requiring their approval, the status of the applications
to these agencies and copies of any of the required approvals received.
(16)
The plan shall contain a note as to whether
wetlands are present or absent on the subject property. If wetlands
are present, the wetlands boundary line must be delineated in the
field and verified by the New Jersey Department of Environmental Protection.
In addition, any associated wetland buffers imposed by the NJDEP must
be accurately shown on the plan.
(17)
Soil borings and percolation tests must be performed
on each proposed lot. The exact location of the borings must be noted
on the plan, and the boring results must include an estimated depth
to the seasonal high water table.
(18)
Street signs must be installed at all intersections
specified by the Township Engineer.
(20)
Each lot must front on an improved street with
a minimum required lot frontage.
(21)
The proposed lots must be designated by numbers
until the official lot numbers are assigned by the Middle Township
Tax Assessor.
(22)
All proposed and required setback lines must
be clearly indicated on the plan.
(23)
Side lot lines shall be at right angles to straight
streets and radial to curved streets.
(24)
A signed consent by the owner of the land to
be subdivided must appear on the plan.
(25)
The Planning Board may waive submission of any
required exhibits in appropriate cases and for specific subdivision
plans. Requests for such waivers should accompany the application
and should state the reason that such waivers are being requested.
Furthermore, the Board reserves the right to require additional information
as may be required by the specific application before the Board.
(26)
Sheet size shall be 8 1/4 inches by 13 inches,
15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42
inches.
[Added 5-5-2003 by Ord. No. 1131-2003]
(27)
Location and dimensions of existing and proposed
septic systems and wells.
[Added 5-5-2003 by Ord. No. 1131-2003]
(28)
Presence or absence of water and/or sewer utilities,
existing and proposed.
[Added 5-5-2003 by Ord. No. 1131-2003]
(29)
Location and dimensions of all proposed and
existing easements, including sight easements, drainage easements,
utility easements, conservation easements, access easements and easements
of any other type.
[Added 5-5-2003 by Ord. No. 1131-2003]
(30)
Area of premises and dimensions of same.
[Added 5-5-2003 by Ord. No. 1131-2003]
(31)
Street light locations and details.
[Added 5-5-2003 by Ord. No. 1131-2003]
B.
Road design.
(1)
The designer shall follow the street design requirements as set forth in § 218-76 of this chapter.
(2)
Profiles and cross-sections of proposed streets within the subdivision and existing streets and highways abutting the subdivision must be provided. Profiles shall show the change of natural contour of the roads, location of inlets and vertical curve calculations. The typical cross-sections of the streets shall clearly indicate the type and width of paving and the location of the curbs, sidewalks and street trees. Street width requirements as set forth in § 218-76C of this chapter shall be adhered to in the design of all streets.
(4)
All streets shall be constructed of six inches of
soil aggregate Type 2, Class B subgrade, a two-inch bituminous concrete
stabilized base course, Mix No. I-5, and a surface course of two-inch
compacted bituminous concrete. All streets shall be constructed in
accordance with NJDOT specifications and must be approved by the Township
Engineer.
(5)
All subdivisions must be designed showing curbs and
sidewalks along the proposed roadways.
C.
Stormwater design.
(1)
The subdivision plat shall show or be accompanied
by plans and computations for a storm drainage system.
(2)
All design standards and calculation methods as set forth in § 218-73 of this chapter shall be adhered to in the design of all drainage systems.
(3)
All existing or proposed storm sewer lines within
or adjacent to the subdivision must be shown. The size and the profile
of the lines, direction of flow, the location of manholes and inlets
and all calculation sheets used for the design of the proposed storm
sewer system shall be submitted.
(4)
The location and extent of any proposed groundwater
recharge basins, retention basins or other drainage devices must be
shown on the subdivision plan. Plans of proposed storm sewer layouts
shall be included and shall indicate feasible connections to existing
or proposed systems.
(5)
Soil borings and percolation tests must be performed
in the location of each drainage facility. All soil boring results
must specify the estimated depth to seasonal high water.
(6)
Profiles of drainage basins must indicate top and
bottom elevations and maximum water volume.
(7)
The design engineer shall utilize the Soil Conservation Service's Technical Release No. 55 for determining the total stormwater storage requirement for sites one acre or larger as set forth in § 218-73C(1) of this chapter.
(8)
The design engineer shall utilize the Rational Method (Q = CIA) for calculating runoff quantities for smaller sites as set forth in § 218-73C(2) of this chapter.
(9)
Retention or detention basins and associated facilities
shall utilize two-, five-, ten- and fifty-year design storm calculations.
(10)
Construction specifications as set forth in § 218-73D of this chapter shall be followed when specifying storm drain pipes, drainage structures and discharge structures for a proposed project.
(11)
All plans must indicate grades, lengths, diameters,
type of materials and grate and invert elevations of all drainage
structures. Pipe rim elevations shall be matched in all manholes and
inlets.
(12)
All drainage structures must be located at least
two feet above the estimated seasonal high water table.
(13)
One diameter of cover shall be maintained over
all drainage pipe. If one diameter is not possible, trench conditions
must be designed and detailed to ensure at least 85% relative compaction.
(14)
A stormwater facility maintenance schedule must
be provided which specifies the party responsible for maintenance,
the type and frequency of maintenance, maintenance costs and lifetime
of stormwater facility.
[Amended 5-5-2003 by Ord. No. 1131-2003]
Final submission plats shall be accompanied
by an appropriate completed application form; three Mylar copies and
12 revised paper copies shall be submitted at a suitable scale on
standard sized sheets and shall comply with all provisions of the
Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) and shall show the following
information:
A.
The date, location and name of the subdivision, name
of the owner, graphic scale and reference meridian.
B.
Tract boundary lines, right-of-way lines of streets,
street names, easements and other right-of-way, land to be reserved
or dedicated to public use, lot lines and other site lines, all with
accurate dimensions, bearings or deflection angles; radius, arcs and
central angles of all curves; and dimensions and square feet of each
lot.
C.
The purpose of any easement or land reserved or dedicated
to public use shall be designated and the proposed use of sites other
than residential shall be noted.
D.
All natural and artificial watercourses, streams,
shorelines, water boundaries, wetlands boundaries and encroachment
lines.
E.
Each block shall be numbered and the lots within each
block shall be numbered consecutively.
F.
Minimum building setback lines on all lots and other
sites and other design controls including minimum street widths, minimum
lot area and yard dimensions.
G.
Location and description of all monuments.
H.
The names of owners of adjoining land parcels.
I.
Certification by a licensed land surveyor as to the
accuracy of details of the plat. The date of the survey shall also
be certified.
J.
All municipal boundary lines crossing or adjacent
to the territory intended to be shown.
K.
Certification by the Municipal Clerk that the Township
has approved all streets. The preliminary plat, engineering details,
cross sections and profiles of streets and plans and profiles of storm
drainage systems approved, by the Township Engineer, shall be required
to accompany the formal plat, with all conditions of preliminary approval
met and reviewed by the Engineer prior to final subdivision submission.
L.
Letters directed to the Chairman of the Board and
signed by a responsible official of the lighting agency, water company,
water district, sewer district, Fire Official and of any other Township
official, utility company or governmental authority or district which
provides accessory utility service and has jurisdiction in the area.
Such letters shall certify sufficient capacity (including that for
fire fighting) to serve the premises approving each proposed utility
installation design and stating who will construct the facilities
so that the service will be available prior to occupancy. If applicable,
plans and profiles of sanitary sewers and water mains approved by
the appropriate municipal department, district or authority shall
be required to accompany the final plat.
M.
When approval of a plat is required by an officer
or body of the municipality, county or state, approval shall be certified
on the plat prior to its filing in the office of the County Clerk.
N.
All approvals and permits from other agencies.
O.
Performance guaranties, approved by the Municipal
Solicitor as to form and the Municipal Engineer as to amount, sufficient
to insure the facilities as required by the resolution of the Planning
Board granting preliminary approval. The developer's engineer shall
submit a detailed engineer's estimate for review and approval by the
Municipal Engineer.
P.
Performance guaranties, approved by the Municipal
Solicitor as to form and the Municipal Engineer as to amount, sufficient
to insure the satisfactory completion of improvements and facilities
as required by the resolution of the Planning Board granting preliminary
approval. The developer's engineer shall submit a detailed engineer's
estimate for review and approval by the Municipal Engineer.
Q.
The Planning Board may waive submission of any required
exhibits in appropriate cases and for specific subdivision plans.
Requests for such waivers should accompany the application and should
state the reason that such waivers are being requested. Furthermore,
the Board reserves the right to require additional information as
may be required by the specific application before the Board.
A.
Proposed site plans that are found by the review committee to comply with the definition of a minor site plan contained in § 218-5 of this chapter shall be considered and reviewed according to specific procedures contained in this chapter.
B.
The application form for a minor site plan review
shall be completed and shall be accompanied by a plan signed and sealed
by a licensed professional engineer, which plan shall show or include
the following information:
(1)
Key maps showing the entire property, clearly indicated,
in relation to the surrounding area and roadway system must be included
on the site plan. The key maps shall be taken from the Middle Township
Zoning Map, the Middle Township Tax Map, the United States Geodetic
Survey Map and the Cape May County Soil Survey and shall be at a scale
of not less than one inch equals 2,000 feet.
(2)
The plan shall show the location of all existing structures
from all existing lot lines and shall indicate whether the structures
are to be retained or removed.
(3)
The plan shall show the location of all existing structures,
wooded areas, roads, easements, utility services, driveways, streams,
bridges, culverts, drainage ditches and natural watercourses in and
within 200 feet of the site.
(4)
Accurate dimensions of all proposed structures from
all existing lot lines must be clearly shown. Accurate outside dimensions
of all proposed structures must also be clearly indicated.
(5)
The scale at which the site plan is drawn must be
included on the plan and must not be less than one inch equals 100
feet.
(6)
A North arrow, the date of preparation and any revision
dates shall be included on the plan.
(7)
The name and address of the owner and the names of
all property owners within 200 feet of the site, as disclosed on the
most recent municipal tax records, must appear on the plan.
(8)
The Tax Map sheet number and block and lot numbers
must be indicated.
(9)
The square footage and the acreage of the entire tract
and the percent coverage of all impervious surfaces must be indicated
on the plan.
(10)
The name, address, license number and seal of
the professional preparing the plan must appear on the site plan.
(11)
The site plan must indicate the zoning classification
of the proposed subdivision and the adjacent land. Also, the proposed
project's compliance with the site zoning requirements must be specifically
outlined on the plan.
(12)
The plan shall contain a note as to whether
wetlands are present or absent on the subject property. If wetlands
are present, the wetlands boundary line must be delineated in the
field and verified by the New Jersey Department of Environmental Protection.
In addition, any associated wetland buffers imposed by the NJDEP must
be accurately shown on the plan.
(13)
The location of existing or proposed facilities
to provide water and sanitary facilities which will serve the proposed
development must appear on the plan.
(14)
All proposed and required setback lines must
be clearly shown on the site plan.
(15)
Spot elevations must be provided for the existing
and proposed site conditions.
(16)
All proposed parking areas must be clearly indicated
on the site plan, and an accurate detail of the proposed parking surface
must be included.
(17)
Adequate lighting must be provided for the site as per the requirements set forth in § 218-82 of this chapter.
(18)
The site plan shall show or be accompanied by
plans and computations for a storm drainage system.
(19)
Soil borings and percolation tests must be performed
in the area of all proposed drainage structures.
(20)
Adequate landscaping must be provided for the site as per the requirements set forth in § 218-81 of this chapter.
(21)
Minor site plans involving the moving of buildings over, along or across highways, roads, lanes and/or alleys in Middle Township shall also provide all information required by all sections of Chapter 94 (Buildings, Moving of) of the Code of the Township of Middle.
(22)
The Planning Board may waive submission of any
required exhibits in appropriate cases and for specific site plans.
Requests for such waivers should accompany the application and should
state the reasons that such waivers are being requested. Furthermore,
the Board reserves the right to require additional information as
may be required by the specific application before the Board.
(23)
Sheet size shall be 8 1/2 inches by 13 inches,
15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42
inches.
[Added 5-5-2003 by Ord. No. 1131-2003]
(24)
Name and address of applicant.
[Added 5-5-2003 by Ord. No. 1131-2003]
(25)
Survey of entire premises and architectural
floor plans and elevations.
[Added 5-5-2003 by Ord. No. 1131-2003]
(26)
Location and dimensions of all proposed and
existing easements, including sight easements, drainage easements,
utility easements, conservation easements, access easements and easements
of any other type.
[Added 5-5-2003 by Ord. No. 1131-2003]
(27)
Copies of protective covenants and deed restrictions.
[Added 5-5-2003 by Ord. No. 1131-2003]
(28)
Area of premises and dimensions of same.
[Added 5-5-2003 by Ord. No. 1131-2003]
(29)
Estimated cost of site improvements.
[Added 5-5-2003 by Ord. No. 1131-2003]
(30)
Performance guarantee in a form approved by
the Municipal Solicitor and in an amount approved by the Municipal
Engineer.
[Added 5-5-2003 by Ord. No. 1131-2003]
[Amended 5-5-2003 by Ord. No. 1131-2003]
A.
Site plans submitted for conventional developments
shall include materials that clearly show conditions of the site at
the time of the application, the features of the site which are to
be incorporated into the proposed development and the appearance and
function of the proposed development. The various elements of the
site plan shall be prepared by professionals, as required in N.J.A.C.
13:40-7.1, licensed to practice in New Jersey and whose name, address,
license number and professional seal shall be placed on the site plan
and the site plan shall include the following information and data:
(1)
Site plans submitted for proposed developments shall
clearly show the existing conditions of the site, the features which
are to be incorporated into the proposed development and the appearance
and function of the proposed development.
(2)
Key maps showing the entire site, clearly indicated,
in relation to the surrounding area and roadway system must be included
on the site plan. The key maps shall be taken from the Middle Township
Zoning Map, the Middle Township Tax Map, the United States Geodetic
Survey Map and the Cape May County Soil Survey and shall be at a scale
of not less than one inch equals 2,000 feet.
(3)
The name of the project, tax lot and block numbers,
the municipality and the county in which the site is located must
be indicated on the plan.
(4)
The plan shall show the location of all existing structures
from all existing lot lines and shall indicate whether the structures
are to be retained or removed.
(5)
The plan shall show the location of all existing structures,
wooded areas, roads, easements, utility services, driveways, streams,
bridges, culverts, drainage ditches and natural watercourses in and
within 200 feet of the site.
(6)
The scale at which the site plan is drawn must be
indicated on the plan and must be not less than one inch equals 50
feet. Sheet size for the site plan shall be 8 1/2 inches by 13 inches,
15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42
inches.
(7)
A North arrow, the date of preparation and any revision
dates shall be included on the plan.
(8)
The name and address and tax lot and block numbers
of the owner and the names of all property owners within 200 feet
of the subject property, as disclosed on the most recent municipal
tax records, must appear on the plan.
(9)
The Tax Map sheet number and block and lot numbers
must be indicated.
(10)
A schedule including the following information
must appear on the plan:
(a)
The area of the tract in acres and square feet.
(b)
The total building area in square footage and
percent lot coverage.
(c)
The total landscape area in square footage and
percent lot coverage.
(d)
The total area of the driveways, access roads
and walkways in square footage and percent lot coverage.
(e)
The total parking area (including drive aisles)
in square footage and percent lot coverage.
(f)
The total number of parking stalls and stall
dimensions.
(g)
The number of employees, total, and the maximum
for one shift.
(11)
The site plan must show the existing and proposed
streets in and abutting the site. Cross-sections and dimensions of
all proposed streets must be provided.
(12)
The first floor elevations of all existing and
proposed buildings must be shown on the plan.
(13)
The plan must include a loading area, properly
dimensioned.
(14)
The site plan must indicate the zoning classification
of the proposed site and the adjacent land. The proposed project's
compliance with the site zoning requirements must be specifically
outlined on the plan.
(15)
The dimensions of the lot and the front, side
and rear yard setbacks and property line dimensions must be clearly
shown on the plan.
(16)
The exact location, dimensions and details of
all signs must be included on the site plan.
(17)
The site plan must specify the location, dimensions
and details of all exterior lighting, types of standards, radius of
light patterns and the intensity of footcandles.
(18)
The outside dimensions of existing and proposed
principal buildings and all accessory structures must be shown on
the plan.
(19)
A stormwater management plan must be prepared as per § 218-73 of this chapter. The site plan must show the location of all existing and proposed inlets, pipes, swales, detention or retention basins, berms and other storm drainage facilities. The design engineer must provide existing and proposed runoff calculations and soil borings indicating the depth to seasonal high water.
(20)
The entire property in question must be shown
on the plan, unless a proven hardship exists. Where it is physically
impossible to show the entire property on the required sheet, a separate
sheet at the appropriate scale may be submitted.
(21)
All plans must be accompanied by a survey of
the entire site drawn by a New Jersey licensed land surveyor.
(22)
The plan must detail the proposed off-street
parking area layout and off-street loading facilities, showing the
location, number and dimensions of individual parking spaces, loading
areas, aisles, traffic patterns and driveways for ingress and egress.
Details of all structures must be provided.
(23)
All existing and proposed curbs and sidewalks
must be clearly indicated on the plan, and details must be provided.
(24)
All existing and proposed utilities within and
adjacent to the subject property, including water mains, sanitary
sewer and gas mains, must be shown on the plan.
(25)
Architectural floor plans and elevations must
be submitted with all site plans.
(26)
The proposed method of solid waste disposal
and storage must be indicated on the plan. Accurate details of the
trash storage area must be included.
(27)
All existing and proposed ground elevations
at all building corners, center lines of abutting roads, parking areas,
top and bottom of curbs, property corners, gutters and other pertinent
locations must be provided on the plan.
(28)
A landscaping and buffering plan showing what will remain and what will be planted, indicating the names of plants and trees, dimensions, approximate time of planting and the method of planting, must be prepared for the site. All requirements as set forth in § 218-81 of this chapter shall be followed in the design of the landscaping plan.
(29)
Sight triangles must be clearly designated at all driveway and street intersection locations. The requirements as set forth in § 218-76C(5) must be followed in the designation of site triangle easements.
(30)
The plan shall contain a note as to whether
wetlands are present or absent on the subject property. If wetlands
are present, the wetlands boundary line must be delineated in the
field and verified by the New Jersey Department of Environmental Protection.
In addition, any associated wetlands buffers imposed by the NJDEP
must be accurately shown on the plan.
(31)
Photographs of the subject property, particularly
of any unusual site conditions, must be provided for review.
(32)
The size, location and design of any open space
areas or common open spaces must be specified on the site plan, if
applicable.
(33)
The Board may require a traffic study to accompany
the site plan, which includes anticipated traffic volumes, capacity
of existing and proposed roadways, traffic volume impact from other
sources, roadway network problems (e.g. unsafe intersections, turns
and grades) and the need for traffic signals and other improvements.
(34)
All other approvals required for the development
of the site shall be obtained by the applicant, and copies of said
approvals must be submitted to the Board.
(35)
The Planning Board may waive submission of any
required exhibits in appropriate cases and for specific site plans.
Requests for such waivers should accompany the application and should
state the reasons that such waivers are being requested. Furthermore,
the Board reserves the right to require additional information as
may be required by the specific application before the Board.
(36)
Name and address of applicant.
(37)
Name and address and consent of owner, if other
than applicant.
(38)
Location and dimensions of existing and proposed
septic systems and wells.
(39)
Location and dimensions of all proposed and
existing easements, including sight easements, drainage easements,
utility easements, conservation easements, access easements and easements
of any other type.
(40)
Copies of all protective covenants and deed
restrictions.
(41)
Location of all proposed and required setback
lines.
(42)
Area of premises and dimensions of same.
(43)
Fences: size, type, location.
(44)
Existing and proposed monuments.
[Amended 10-5-1995 by ord. No. 942-95]
Site plans shall be submitted for final approval
in accordance with the provisions of this chapter and shall include
the following with the exception of items C-G, which must be provided
prior to issuance of a final certificate of occupancy:
A.
Information and data contained in the submission for
preliminary approval. Final site plans shall be drawn to a scale of
not less than one inch equals 50 feet. Upon final approval, three
revised, signed and sealed paper copies shall be submitted and the
plan shall be stamped "final construction plans."
[Amended 5-5-2003 by Ord. No. 1131-2003]
B.
Any site plan revisions, additional data or revised
documentation required by the Planning Board in its resolution granting
preliminary approvals.
C.
Offer of dedication of streets or other public ways
and deed for any public open space resulting from preliminary approval.
D.
Letters directed to the Chairman of the Board and
signed by a responsible official of the lighting agency, water company,
water district, sewer district, Fire Official and of any other Township
official, utility company or governmental authority or district which
provides accessory utility service and has jurisdiction in the area.
Said letters shall certify sufficient capacity (including that for
fire fighting) to serve the premises approving each proposed utility
installation design and stating who will construct the facility so
that the service will be available prior to occupancy. If applicable,
plans and profiles of sanitary sewers and water mains approved by
the appropriate municipal department, district or authority shall
be required to accompany the final plat.
[Amended 5-5-2003 by Ord. No. 1131-2003]
E.
A statement from the Township Engineer that he is
in receipt of a map showing all utilities in exact location and elevation,
that he has examined the drainage plan and found that the interests
of the Township and of neighboring properties are protected and that
he has identified those portions of any utilities already installed
and those to be installed. The applicant shall certify in writing
to the Board that he has:
F.
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 218-55 of this chapter and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty. An "as-built" map, showing the exact location of all improvements, including utilities and their elevations, may be required.
G.
Letters of approval for drainage structures and encroachments
of natural waterways from the State Division of Water Policy of the
Department of Environmental Protection, the County Engineering Department
and the Township Engineer shall be submitted. Where the Division lacks
jurisdiction or chooses to refer the matter for county or Township
approval, such alternative letters of approval shall be furnished.
H.
All approvals from other agencies having jurisdiction
over the development.
I.
The Planning Board may waive submission of any required
exhibits in appropriate cases and for specific site plans. Requests
for such waivers should accompany the application and should state
the reasons that such waivers are being requested. Furthermore, the
Board reserves the right to require additional information as may
be required by the specific application before the Board.
J.
Detailed improvement cost estimate for review and
approval by the Township Engineer.
[Added 5-5-2003 by Ord. No. 1131-2003]
K.
Performance guarantee in a form approved by the Municipal
Solicitor and in an amount approved by the Municipal Engineer.
[Added 5-5-2003 by Ord. No. 1131-2003]
[Amended 10-5-1995 by Ord. No. 942-95; 5-5-2003 by Ord. No. 1131-2003]
The Planning Board (and the Zoning Board where
it has jurisdiction) may waive the requirement for site plan approval
where there is a change in use or occupancy, and no extensive construction
or improvements (or de minimis construction or improvements) is sought.
The waiver may be granted only upon a resolution by the Board finding
that the use will not affect existing drainage, circulation, relationship
of buildings to each other, landscaping, buffering, lighting, parking
and other considerations of site plan approval, and that the existing
facilities do not require upgraded or additional site improvements,
except that curbing and sidewalks may be required by the Board in
areas of the Township where curbs and sidewalks are to be provided
and they do not exist at the site at the time of application for site
plan waiver. The application for a waiver of site plan shall include
a discussion of the prior use of the site, the proposed use, and its
impact. The waiver can be granted only at a public meeting with notice
to be given in accordance with N.J.S.A. 40:55D-12. An application
for site plan waiver shall be considered to be an application for
site plan approval so as to authorize and permit the Planning Board
to exercise its ancillary powers to hear variance requests pursuant
to N.J.S.A. 40:55D-60. (See Checklist 1: General Requirements and
Checklist 11: Site Plan Waiver Checklist.[1])
[1]
Editor's Note: Said checklists are located
at the end of this chapter.
