Township of Egg Harbor, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor 9-12-1977 by Ord. No. 17-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 6, Art. XVIII.
Board of Adjustment — See Ch. 6, Art. XIX.
Land use procedures — See Ch. 36.
Uniform construction codes — See Ch. 89.
Design, performance and improvement standards — See Ch. 94.
Flood damage prevention — See Ch. 113.
Open Space Fund — See Ch. 161.
Resource excavation — See Ch. 189.
Sewers — See Ch. 191.
Streets and sidewalks — See Ch. 195.
Trees — See Ch. 208.
Water service and connections — See Ch. 217.
Zoning — See Ch. 225.
This chapter shall be known and may be cited as the "Land Subdivision and Site Plan Ordinance of the Township of Egg Harbor."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision and site development in the Township of Egg Harbor in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[Amended 7-14-1993 by Ord. No. 30-1993]
A. 
The approval provisions of this chapter shall be administered by the Township of Egg Harbor Planning Board in accordance with Chapter 291 of the Laws of New Jersey, 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
In the Pinelands Area, no approval or permit shall be issued unless a development application conforms to the application and review procedures set forth in Chapter 225, Article VIA, of this Code and the development standards set forth in Chapter 225, Article VI, of this Code. All approvals issued by any local approval agency shall be subject to the notice and review provisions of Chapter 225, Article VIA, of this Code.
[Amended 2-23-1983 by Ord. No. 4-1983; 2-24-1993 by Ord. No. 7-1993; 7-14-1993 by Ord. No. 30-1993]
For the purposes of this chapter, the terms used herein are defined as follows. The definitions contained in Article III of Chapter 94 and in § 225-3 of Chapter 225 shall also apply.
ADMINISTRATIVE OFFICER
The Secretary of the Planning Board.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to Chapter 291 of the Laws of New Jersey, 1975; in the Pinelands Area, any application filed with any permitting agency, for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 225-53.1 of Chapter 225.
APPROVING AUTHORITY
The Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey, 1975.[1]
BOARD OF ADJUSTMENT
The Board established by Chapter 225, Zoning, of the Code of the Township of Egg Harbor.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits.
COMPLETE APPLICATION
An application form completed as specified by this chapter and the rules and regulations of the approving authority and all accompanying documents required by this chapter for approval of the application for development in accordance with N.J.S.A. 40:55D-10.3. In the Pinelands Area of the Township, an application for development approval shall not be deemed complete until, in the course of minor development, the applicant has presented evidence that a duplicate of copy of the application has been filed with the Pinelands Commission or, in the case of major development, a certificate of filing, as required N.J.A.C. 7:50-4.24, has been submitted.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter 225, Zoning, and upon the issuance of an authorization therefor by the Planning Board.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development of Atlantic County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD
The Planning Board of Atlantic County.
DEVELOPER
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 other person having an enforceable proprietary interest in such land.
DEVELOPMENT
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, landfill or the clearing of 5,000 square feet or more of vegetation for nonagricultural purposes and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required.
DEVELOPMENT, PINELANDS AREA
The change or enlargement of any use or disturbance of land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
A. 
A change in type of use of a structure or land;
B. 
A reconstruction, alteration of the size or material change in the external appearance of a structure or land;
C. 
A material increase in the use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
D. 
Commencement of resource extraction, drilling or excavation on a parcel of land;
E. 
Commencement of forestry activities;
F. 
Deposit of refuse, solid or liquid waste or fill on a parcel of land;
G. 
In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions or waste material; and
H. 
Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
DEVELOPMENT REGULATION
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.[2]
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
FINAL PLAT
The final map of all or a portion of the subdivision, which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.
GOVERNING BODY
The Egg Harbor Township Committee.
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to law.
A. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. 
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.
LAND
Includes improvements and fixtures on, above or below the surface.
LOT
A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Includes all subdivisions not classified as minor subdivisions.
MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISION
Any subdivision containing not more than four lots fronting on an existing street, in the case of a Township street which has been accepted for maintenance by resolution of the Township Committee, not involving any new street, road or the extension of any off-tract improvements and not involving any lot or portion thereof previously subdivided within the past three years.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OFF-SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT
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.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
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 these buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7 of Chapter 291 of the Laws of New Jersey, 1975.[3]
PERFORMANCE GUARANTY
Any security, which may be accepted by a municipality, including cash, provided that the Township of Egg Harbor shall not require more than 10% of the total performance guaranty in cash.
PLANNING BOARD
The Municipal Planning Board of the Township of Egg Harbor established pursuant to Chapter 291 of the Laws of New Jersey, 1975.[4]
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
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.
A. 
Public parks, playgrounds, trails, paths and other recreational areas.
B. 
Other public open spaces.
C. 
Scenic and historic sites.
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SEASONAL HIGH-WATER TABLE
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
SEDIMENTATION
The deposition 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.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
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.
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 of Chapter 291 of the Laws of New Jersey, 1975.[5]
SITE PLAN COMMITTEE
Said Committee shall be appointed by the Chairman of the Planning Board.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
STANDARDS OF PERFORMANCE
Standards adopted by ordinance pursuant to Subsection 52d, Chapter 291 of the Laws of New Jersey, 1975,[6] regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or required by applicable federal or state laws or municipal ordinances.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, 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:
A. 
Those which are used primarily for fast or heavy traffic.
B. 
Streets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
C. 
Those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development.
D. 
Those which are used primarily for access to the abutting properties.
E. 
Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
F. 
Minor ways which are used primarily for vehicular service access to the back or the side or properties otherwise abutting on a street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
A. 
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" within the meaning of this chapter, if no new streets are created:
(1) 
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) 
Divisions of property by testamentary or intestate provisions.
(3) 
Divisions of property upon court order.
(4) 
Conveyances so as to combine existing lots by deed or other instrument.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A Committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of Chapter 291 of the Laws of New Jersey, 1975, and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
WALKWAY or SIDEWALK
A way for carrying pedestrian traffic, and may be located within the right-of-way provided for a street or may be located adjacent to a property line, between lots and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: N.J.S.A. 58:1-1 et seq. was repealed by Chapter 262 of the Laws of 1981. For current provisions, see N.J.S.A. 58:1A-1 et seq. and 58:16A-1 et seq.
[3]
Editor's Note: See N.J.S.A. 40:55D-11 et seq.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: See N.J.S.A. 40:55D-37 et seq.
[6]
Editor's Note: See N.J.S.A. 40:55D-65d.
A. 
Sketch plats and preliminary site plans, in order to be acted upon by the Board at its next regularly scheduled meeting, shall be filed with the Planning Board Secretary 30 days prior to the regular meeting of the Planning Board. At the time of application, the developer shall pay all fees and submit required copies of the application, maps and other documents as required by this chapter. Furthermore, any application for development located within the CAFRA review zone shall be accompanied by a memorandum of record from the division, all as set forth in the rules and regulations under the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq.
[Amended 6-11-1980 by Ord. No. 15-1980]
B. 
Classification; minor subdivisions.
(1) 
The Planning Board or designated Subdivision Committee shall classify the application. If classified as a minor subdivision, the minor subdivision shall be approved 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; and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
(2) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(3) 
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (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 Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board.
(4) 
The zoning requirements and general terms and conditions, whether conditional 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 in this section.
(5) 
Before the Planning Board Secretary returns any approved sketch plat to the subdivider, the subdivider, at his own expense, shall have sufficient copies made to furnish one copy to the Township Clerk.
(6) 
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the subdivider for compliance with the procedures in §§ 198-6 and 198-7 of this chapter.[1]
[1]
Editor's Note: Former § 198-7, Improvements and guaranties required prior to final approval, as amended 10-10-1979 by Ord. No. 28-1979, was repealed 4-10-1996 by Ord. No. 4-1996.
C. 
Preliminary site plan.
(1) 
The developer shall submit to the Planning Board Secretary a site plan and such other information as required herein. If an application for site plan is found to be incomplete, the developer shall be notified by the Planning Board Secretary within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
(2) 
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 chapter and this Act,[2] grant preliminary site plan approval.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3) 
Upon the submission to the Planning Board Secretary of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
A. 
At least 10 black-on-white prints of the preliminary plat, together with two completed application forms for preliminary approval, shall be submitted to the Planning Board Secretary 30 days prior to the Planning Board meeting at which consideration is desired. At the time of filing, fees in accordance with § 198-10 of this chapter shall be paid to the Planning Board Secretary to defer administrative and review costs incurred by the Township.
B. 
The developer shall submit to the Planning Board Secretary plats and such other information as is required in § 198-13 of this chapter. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes. If found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application, or it shall be deemed to be properly submitted.
C. 
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 shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with this chapter and this Act,[1] grant preliminary approval to the subdivision.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D. 
Upon the submission to the Planning Board Secretary of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
E. 
Notification.
(1) 
The developer shall notify by registered mail or certified mail, at least 10 days prior to the hearing, all property owners within 200 feet of the extreme limits of the subdivision as their names appear on the municipal tax record. Furthermore, the developer shall comply with all provisions of N.J.S.A. 40:55D-12a through g, as applicable.
(2) 
Said notice shall state the time and place of hearing, a brief description of the subdivision and that a copy of said subdivision has been filed with the Planning Board Secretary for public inspection. The applicant shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the municipality at least 10 days prior to the hearing.
F. 
Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following:
(1) 
County Planning Board.
(2) 
Planning consultant.
(3) 
Township Engineer.
(4) 
County Board of Health.
(5) 
Such other municipal, county or state officials as directed by the Planning Board.
G. 
If the Planning Board acts favorably on a preliminary plat, a notation to that effect shall be made on the plat.
H. 
Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to this chapter or of a site plan, except as provided in Subsection D of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
(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 dimension 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 shall 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 or site plan, as the case may be.
(3) 
That the applicant may apply for and the Planning Board 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.
(4) 
In the case of a subdivision or of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection H(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 nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and 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 may govern.
[1]
Editor's Note: Former § 198-7, Improvements and guaranties required prior to final approval, as amended 10-10-1979 by Ord. No. 28-1979, was repealed 4-10-1996 by Ord. No. 4-1996.
[1]
Editor's Note: Former § 198-8, Recreation, education and public safety impact fees, as added 9-13-1989 by Ord. No. 19-1989, was repealed 2-24-1993 by Ord. No. 7-1993.
A. 
Time limits.
(1) 
The final plat shall be submitted to the Planning Board Secretary for forwarding to the Planning Board for final approval within three years from the date of preliminary approval. The Planning Board shall act upon the final plat within 45 days after the date of submission for final approval. Failure of the Planning Board to act within the period prescribed shall constitute final 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, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
(2) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
B. 
The applicant shall submit one reproducible Mylar copy, 10 black-on-white prints and two copies of the application form for final approval to the Secretary of the Planning Board at least 30 days prior to the date of the regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications by the Planning Board.
C. 
The final plat shall be accompanied by a statement by the Township Engineer that he is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or both of the following:
(1) 
Installed all improvements in accordance with the requirements of these regulations.
(2) 
A performance guaranty has been posted with the Township in sufficient amount to assure the completion of all required improvements.
D. 
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
[Amended 10-10-1979 by Ord. No. 28-1979]
(1) 
Township Clerk (subdivision plats only).
(2) 
Township Engineer.
(3) 
Construction Official.
(4) 
Tax Assessor.
(5) 
County Planning Board (subdivision plats only).
(6) 
Official issuing certificate for approved lots.
(7) 
Township Road Superintendent.
E. 
The final plat, after final approval, shall be filed by the subdivider with the County Recording Officer within 95 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire. The Planning Board may, for good cause, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
F. 
No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Planning Board of the Township of Egg Harbor and signed by the Chairman and Secretary of the Board.
[Amended 6-11-1980 by Ord. No. 15-1980; 9-9-1981 by Ord. No. 25-1981; 4-13-1983 by Ord. No. 10-1983; 4-25-1984 by Ord. No. 11-1984; 3-13-1985 by Ord. No. 12-1985; 9-14-1988 by Ord. No. 34-1988; 9-9-1992 by Ord. No. 42-1992; 5-28-1997 by Ord. No. 19-1997]
A. 
The schedule of fees shall be as follows:
[Amended 10-22-1997 by Ord. No. 46-1997; 10-9-2002 by Ord. No. 60-2002]
Category
Application Fees
Escrow Fees
(1)
Subdivision
(a)
Minor
$115 per lot
$1,500
(b)
Preliminary
$400, plus $30 per lot
$8,500
(c)
Final
$400, plus $30 per lot
$2,500
(d)
Administrative review
$500
$1,500
(2)
Site plans (nonresidential)
(a)
Minor
Under 5,000 square feet retail/commercial and under 25 parking spaces
$850
$3,500
Under 10,000 square feet warehouse and under 25 parking spaces
$850
$3,500
(b)
Preliminary major
Under 5,000 square feet GFA
$600
$2,500
From 5,001 to 10,000 GFA
$700
$2,500
From 10,001 to 50,000 GFA
$900
$2,500
From 50,001 to 100,000 GFA
$1,000
$3,000
From 100,001 GFA or greater
$1,500
$4,000
(c)
Final major
$500
$1,500
(d)
Administrative review
$500
$1,500
(3)
Site plans (residential)
(a)
Preliminary major
Up to 30 units
$500, plus $25 per unit
$4,000
31 to 100 units
$1,000, plus $25 per unit
$6,000
101 to 200 units
$1,500, plus $25 per unit
$8,000
201 units or greater
$2,000, plus $25 per unit
$10,000
(b)
Final
50% of original application fee
50% of preliminary fee but not less than $1,000
(c)
Administrative review
$500
$1,000
(4)
Informal/conceptual meeting
$150
$500
(5)
Special meeting
$1,000
$1,000
(6)
Variances
(a)
Appeal and interpretation
$350
$1,000
(b)
Conditional use
$350
$1,000
(c)
Hardship
$350, plus $100 per each additional hardship variance
$1,000
Use and density (residential)
(a)
Single- or two-family uses
$400
$300
(b)
Multiple-family
$450
$400
(c)
Use (nonresidential)
$450, plus $50 per acre affected
$1,500
(7)
Public hearing
$300
(8)
Waiver request (checklist and/or design waiver)
$100, plus $75 per each additional waiver
(9)
Soil boring
$25
$125 first boring, plus $60 for each additional boring
(10)
Minor or major amendments, site plans or subdivisions
50% of original fee
50% of original fee
(11)
Request for reapproval, site plan or subdivision
50% of original fee
50% of original fee
(12)
Request for extension
$150
$250
(13)
Request for zone changes (Planning Board)
$500
$1,000
(14)
Zoning permit
$25
$25
(15)
Certificate of nonconformity
$100 per certificate
$500 per certificate
(16)
Certified property list
$0.25 per name or $10
(17)
Transcription
100% of actual cost
(18)
Copy of meeting tapes
$10 per tape
(19)
Copy of minutes, decision and resolution
$1 per page for first copy of page, plus $0.25 per copy of each additional copy of said page
B. 
Application of escrow fees.
[Amended 10-9-2002 by Ord. No. 60-2002]
(1) 
The application fees and escrow fees recited hereinabove are minimums which must accompany the application. An application shall not proceed until the application fee and escrow fee required have been paid. The Land Use Administrator shall exercise his/her discretion in establishing the figure required for the escrow fund, in the event the project will require more time for review than has been provided for by the figures recited hereinabove, or the project is of a nature that is not expressly included in one of the aforementioned categories.
(2) 
Application fees and escrow must be submitted in separate checks payable to Egg Harbor Township. The escrow fee shall be forwarded by the Land Use Administrator to the Treasurer of Egg Harbor Township for deposit into a developer's escrow account. The application fees shall be deposited into the general account of Egg Harbor Township.
(3) 
Funds shall be applied to professional costs charged to the Township by professional consultants (planner, engineer, attorney, and any other consultant or specialist retained by the Board) for services or review regarding the development application. Additional funds may be required when the original amount is depleted by 50% and the development application is still in progress. The amount of additional funds needed shall be determined by the Land Use Administrator.
(4) 
All escrow amounts not actually used shall be refunded pursuant to those requirements listed within N.J.S.A. 40:55D-53.2d.
C. 
Exemption from the payment of any fee charged in connection with any application for development which promotes accessibility by a disabled person to their own living unit. In accordance with N.J.S.A. 40:55D-8e, a disabled person, or a parent or sibling of a disabled person, shall be exempt from the payment of any fee charged in connection with any application for development which promotes accessibility to his own living unit.
[Added 11-24-1998 by Ord. No. 37-1998]
A. 
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B. 
The Planning Board when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[Amended 2-14-1979 by Ord. No. 2-1979; 6-11-1980 by Ord. No. 15-1980; 7-22-1981 by Ord. No. 15-1981; 11-9-1988 by Ord. No. 39-1988; 11-18-1992 by Ord. No. 51-1992; 2-24-1993 by Ord. No. 8-1993; 7-14-1993 by Ord. No. 30-1993; 10-11-2006 by Ord. No. 58-2006[1]]
A. 
The following checklist is designed to assist applicants in preparing plans for Planning Board/Zoning Board of Adjustment review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Board. The subdivision/sketch plan shall show the following information and be drawn according to all relevant standards set forth in § 198-12 and Chapter 225 of the Township Code:
(1) 
Submittal materials:
(a) 
Six copies of the plans shall be submitted on one of the following sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections and shown on separate sheets of equal size, with reference on each sheet as to the location of all adjoining sheets.
(b) 
Fifteen copies of half-scale plans (11 inches by 17 inches) shall be submitted.
(c) 
A copy of the site plans must be submitted in digital format. The digital files shall be compatible with AutoCAD or submitted in dxF format. All digital media should be on CD-ROM Media.
(2) 
The plan shall be drawn or reproduced at a scale of not less than one inch equals 50 feet.
(3) 
Key map showing the entire parcel and its relation to surrounding areas within 2,000 feet. Such map shall show all existing land uses within 200 feet.
[Amended 5-26-2010 by Ord. No. 14-2010]
(4) 
The tract name, Tax Map sheet, block and lot numbers, zoning district and zoning requirements, North arrow, scale, date of preparation and all revisions.
(5) 
Existing topography at one-foot intervals within the subject property and extending 100 feet from the property lines.
(6) 
Name and address of owner and subdivider and owners of land within 200 feet of the outer boundary of the site as certified by the Tax Assessor and dated when the list was produced.
(7) 
Name, address and signature of person preparing the plan. The plan shall be prepared, signed and sealed by a licensed N.J. land surveyor, engineer, planner or architect as required by state regulation.
(8) 
Approval signature lines for:
(a) 
Board Chairman.
(b) 
Board Secretary.
(c) 
Township Engineer.
(d) 
Municipal Clerk.
(9) 
A certified survey of the property prepared by a New Jersey land surveyor with bearings and distances provided for all property lines. The survey shall be provided with datums in NAD 83 and NGVD 88 for horizontal and vertical datums, respectively.
(10) 
Acreage of tract to be subdivided to nearest one tenth of an acre and the proposed number of lots including area and dimensions of each proposed lot.
(11) 
Locations of all existing and proposed structures showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will retained or removed.
(12) 
The names, locations and dimensions (cartway and right-of-way widths) of all streets.
(13) 
Sight triangles, the radii of curbline and street sign locations shall be clearly indicated at all intersections.
(14) 
Site characteristics maps showing the location of existing and proposed property lines, streets, street names, buildings, watercourses, railroads, bridges, culverts, easements, right-of-ways, and any features, such as wooded areas, streams or wetlands. All significant trees 15 inches dBh or larger and all historically, culturally and/or archaeologically, significant structures or resources shall be shown.
(15) 
The location of all wetland areas and required wetland transition areas of buffers within the proposed development as required pursuant to the New Jersey Freshwater Wetlands Protection Act[2] or the Comprehensive Management Plan, and a letter from either the NJDEP or the Pinelands Commission indicating that the proposed subdivision does not require wetlands delineation.
[2]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(16) 
A copy of any existing and/or proposed protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the plan, if applicable.
(17) 
Soil boring information as required in § 94-44 of Township Code.
(18) 
When on-site septic systems are proposed in areas under CAFRA jurisdiction, soil borings, permeability test results, and the approximate location of the intended septic disposal field in accordance with § 94-24P of the Township Code.
(19) 
Proposed connections to existing water supply and sanitary sewer systems, or alternative means of providing these services notes.
(20) 
Areas in which construction is precluded due to the presence of stream corridors and/or steep slopes.
(21) 
Location of temporary stakes to enable the Planning Board to find and appraise features of the sketch plat or minor subdivision in the field.
(22) 
Location of existing wells and septic systems.
(23) 
Location of all monuments, corners, and other points established in the field, whether set or to be set. The material of which the monuments, corners or other points are made shall be noted at the representation thereof or by legend. The legend for metal monuments shall indicate the kind of metal, the diameter, length and weight per lineal foot of the monuments.
(24) 
The purpose of any proposed easement of land reserved or dedicated to public or common use shall be designated and the proposed use of site other than residential shall be noted.
(25) 
The plan/project shall be designed in compliance with the subdivision and zoning ordinances of the Township and other applicable standards of the state, county and local agencies.
(26) 
All applicable fees must be paid with the submission.
(27) 
No application will be deemed complete until all taxes and sewer assessments are paid up-to-date.
(28) 
In the Pinelands Area, no application shall be deemed complete until a certificate of filing from the Pinelands Commission or other evidence of Pinelands Commission review in accordance with Chapter 225, Article VIA, of this Code is submitted by the applicant.
(29) 
The maps for submission must be folded and have the title block clearly visible.
B. 
One or more of the above informational items may not be applicable in all cases. The person preparing the plan should indicate in writing on the plan those items not applicable. Items 25, 26 and 27 are applicable in all cases and cannot be waived.
[1]
Editor’s Note: Ordinance No. 50-2006, adopted 10-25-2006, also revised this section, but was not codified at the request of the Township because the revisions adopted by Ord. No. 50-2006 are included in Ord. No. 58-2006.
[Amended 2-23-1983 by Ord. No. 4-1983; 11-18-1992 by Ord. No. 51-1992; 2-24-1993 by Ord. No. 8-1993; 7-14-1993 by Ord. No. 30-1993; 10-11-2006 by Ord. No. 58-2006[1]]
A. 
The following checklist is designed to assist applicants in preparing plans for Planning Board/Zoning Board of Adjustment review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Board. The subdivision plan shall show the following information and be drawn according to all relevant standards set forth in § 198-13 and Chapter 225 of the Township Code:
(1) 
Submittal materials:
(a) 
Six copies of the plans shall be submitted on one of the following sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections and shown on separate sheets of equal size, with reference on each sheet as to the location of all adjoining sheets.
(b) 
Fifteen copies of half-scale plans (11 inches by 17 inches) shall be submitted.
(c) 
A copy of the site plans must be submitted in digital format. The digital files shall be compatible with AutoCAD or submitted in dxF format. All digital media should be on CD-ROM Media.
(2) 
The plan shall be drawn or reproduced at a scale of not less than one inch equals 50 feet.
(3) 
Key map showing the entire parcel and its relation to surrounding areas within 2,000 feet. Such map shall show all existing land uses within 200 feet.
[Amended 5-26-2010 by Ord. No. 14-2010]
(4) 
The tract name, Tax Map sheet, block and lot numbers, and zoning district and zoning requirements.
(5) 
North arrow, graphic scale, date of preparation and all revisions contained on each sheet.
(6) 
The name and address of owner and subdivider; the names and addresses of land owners within 200 feet of the outer boundary of lands to be subdivided as disclosed by the most recent municipal tax records and certified by the Tax Assessor. This information shall be included on the plans and shall include the date in which the list was produced.
(7) 
Name, address and signature of person preparing the plan. The plan shall be prepared, signed and sealed by a licensed N.J. land surveyor, engineer, planner or architect as required by state regulation.
(8) 
Approval signature lines with appropriate certification statement in accordance with the NJ Map Filing Law (N.J.S.A. 46:23) for:
(a) 
Board Chairman.
(b) 
Board Secretary.
(c) 
Township Engineer.
(d) 
Municipal Clerk.
(9) 
A certified survey of the property prepared by a New Jersey land surveyor with bearings and distances provided for all property lines. The survey shall be provided with datums in NAD 83 and NGVD 88 for horizontal and vertical datums, respectively.
(10) 
Acreage of tract to be subdivided to nearest one tenth of an acre and the proposed number of lots including area and dimensions of each proposed lot.
(11) 
Existing and proposed elevations and contours, at one-foot intervals, to determine the natural drainage of land within the subject property and extending 100 feet from the property lines.
(12) 
Locations of all existing and proposed structures showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will retained or removed.
(13) 
The names, locations and dimensions (cartway and right-of-way widths) of all streets, both existing and proposed, within a distance of 500 feet from the boundaries of the subdivision, showing any connections from the proposed streets to existing streets and to those proposed arterial and collector streets as shown on the Master Plan or Official Map, as adopted.
(14) 
Plans, typical cross sections, center-line profiles, grades and details of all proposed streets and of the existing streets abutting the development based on the NGVD 1988 vertical datum, including curbing, sidewalks, storm drains and drainage structures.
(15) 
Sight triangles, the radii of curbline and street sign locations shall be clearly indicated at all intersections.
(16) 
Plans and profiles of existing streets and proposed future street extensions must be shown within a minimum distance of 200 feet beyond the subdivision boundaries.
(17) 
Site characteristics maps showing the location of existing and proposed property lines, streets, street names, buildings watercourses, railroads, bridges, culverts, easements, right-of-ways and any natural features, such as wooded areas, streams or wetlands. All significant individual trees (over 15 inches diameter at breast height) and historically, culturally and archaeologically significant structures or resources shall be shown.
(18) 
The location of all wetland areas and required wetland transition areas of buffers within the proposed development as required pursuant to the New Jersey Freshwater Wetlands Protection Act[2] or the Comprehensive Management Plan, and a letter from either the NJDEP or the Pinelands Commission indicating that the proposed subdivision does not require wetlands delineation.
[2]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(19) 
Proposed first floor elevations of all structures.
(20) 
A copy of any existing and/or proposed protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the plan, if applicable.
(21) 
A stormwater management plan, calculations and information pursuant to NJDEP stormwater regulations. This plan shall include the following:
(a) 
Topographic base map.
(b) 
Environmental site analysis.
(c) 
Project description and site plan.
(d) 
Land use planning and source control plan (see § 94-44 for definition).
(e) 
Stormwater management facilities map.
(f) 
Calculations for groundwater recharge and stormwater runoff rate, volume and quantity in accordance with N.J.A.C. 7:8.
(g) 
Inspection, maintenance and repair plan.
(h) 
Waiver from submission requirements, if applicable.
(i) 
NJDEP low-impact development checklist.
(22) 
A sewer and water report containing an explanation of plans to tie into existing sewer and water facilities, including the status of efforts to have tie-ins approved by the appropriate authorities. Based on the capacities of existing sewer and water systems, the applicant shall, if pertinent, describe what improvements shall be implemented to meet the anticipated demands.
(23) 
When on-site septic systems are proposed in areas under CAFRA jurisdiction, soil borings, permeability test results and approximate location of the intended septic disposal field in accordance with § 94-24P of the Township Code.
(24) 
A traffic report containing calculations of the number of motor vehicles expected to enter or leave the site for an average peak hour and an evaluation of the ability of the internal circulation system plan and the external access roadways, including the two nearest intersections on collector roadways, to handle this anticipated traffic, made by a qualified traffic engineer (for developments of 25 or more dwelling units).
(25) 
Sketch of perspective future street systems of the entire tract where the preliminary plat covers only a portion thereof.
(26) 
An open space/recreation plan showing all areas designed for open space/recreation, their proposed use, the organization intended to maintain such spaces and the relation of the proposed facilities with existing Township facilities.
(27) 
A fiscal impact report indicating the impact of the project on Township services, the cash flow of the project, and an indication of pro rata share of necessary improvements (for developments of 25 or more dwelling units).
(28) 
A modification report, if applicable, showing the modifications of Township standards requested, along with supporting documentation.
(29) 
A preliminary utilities plan at the same scale of the site plan showing:
(a) 
The location of existing utility structures such as water and sewer mains, gas transmission lines and high-tension power lines on the subdivision and within 200 feet of its boundaries.
(b) 
Plans of proposed improvements and utility layouts, including sewer, water and storm drains, showing all proposed connections to existing systems. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such system shall be approved by the appropriate Township, county, and state agencies, and the result of percolation tests shall be submitted with the preliminary plan under conditions designated by the Township and the County Board of Health, and/or the Pinelands Commission. Where applicable, the utility company letter must indicate that wet hookups will be available for each subdivided lot. If private utilities are proposed, they shall comply fully with all Township, county, and state regulations.
(30) 
In the case of a planned and/or cluster development, the application for preliminary approval shall contain, in addition to the items specified above, the following:
(a) 
A common open space map at a scale the same as the site plan showing all areas of the site to be designated as common open space and the designation of each area according to its proposed use, and the type, size, general location of planting or other screening techniques to be used in designated buffer areas. The map shall also denote the size of each designated area in acres and the total common open space area in acres as a percentage of the site, in conformance with applicable ordinances.
(31) 
A photograph of the premises in question from the opposite side of street.
(32) 
Areas in which construction is prohibited due to the presence of stream corridors and/or steep slopes.
(33) 
All areas to be disturbed by grading or construction.
(34) 
Location of existing and proposed wells and septic systems.
(35) 
Location of all monuments, corners and other points established in the field, whether set or to be set. The material of which the monuments, corners of other points are made shall be noted at the representation thereof or by legend. The legend for metal monuments shall indicate the kind of metal, the diameter, length and weight per lineal foot of the monuments.
(36) 
Natural resource inventory information including:
(a) 
Soil types as shown on the current Soil Conservation Soil Survey Maps.
(b) 
Soil depth to restrictive layers of soil.
(c) 
Soil depth to bedrock.
(d) 
Permeability of the soil by layers.
(e) 
Height of soil water table and type of water table.
(f) 
Floodplain soil (status).
(g) 
Limitation for foundations.
(h) 
Limitation for septic tank absorption field (only where septic tank is proposed for use).
(i) 
Limitation for local roads and streets.
(j) 
Agricultural capacity classifications.
(k) 
Erosion hazard.
(37) 
Landscaping plan including the types, quantity, size and location of all proposed vegetation. The scientific and common names of all vegetation shall be included. Proposed sight easement shall also be shown on this plan.
(38) 
Soil erosion/sediment control plan which complies with Soil Conservation Service requirements.
(39) 
The purpose of any proposed easement of land reserved or dedicated to public or common use shall be designated and the proposed use of sites other than for residential purposes shall be noted.
(40) 
The plan/project shall be designated in compliance with the Land Subdivision and Zoning Ordinance of the Township and other applicable standards of the state, county and local agencies.
(41) 
All applicable fees must be paid with submission.
(42) 
No application will be deemed complete until all taxes and sewer assessments are paid up-to-date.
(43) 
In the Pinelands Area, no application shall be deemed complete until a certificate of filing from the Pinelands Commission or other evidences of Pinelands Commission review in accordance with Chapter 225, Article VIA, of this Code is submitted by the applicant.
(44) 
The maps for submission must be folded and have title block clearly visible.
B. 
One or more of the above informational items may not be applicable in all cases. The person preparing the plan should indicate in writing on the plan those items not applicable. Items 40, 41 and 42 are applicable in all cases and cannot be waived.
[1]
Editor’s Note: Ordinance No. 50-2006, adopted 10-25-2006, also revised this section, but was not codified at the request of the Township because the revisions adopted by Ord. No. 50-2006 are included in Ord. No. 58-2006.
[Amended 11-18-1992 by Ord. No. 51-1992; 2-24-1993 by Ord. No. 8-1993; 7-14-1993 by Ord. No. 30-1993; 10-11-2006 by Ord. No. 58-2006[1]]
A. 
The following checklist is designed to assist applicants in preparing plans for Planning Board/Zoning Board of Adjustment review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Board. The site plan shall show the following information and be drawn according to all relevant standards set forth in Chapter 198 and Chapter 225 of the Township Code:
(1) 
Submittal materials:
(a) 
Six copies of the plans shall be submitted on one of the following sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections and shown on separate sheets of equal size, with reference on each sheet as to the location of all adjoining sheets.
(b) 
Fifteen copies of half-scale plans (11 inches by 17 inches) shall be submitted.
(c) 
A copy of the site plans must be submitted in digital format. The digital files shall be compatible with AutoCAD or submitted in dxF format. All digital media should be on CD-ROM Media.
(2) 
The plan shall be drawn in ink on tracing cloth or reproducible Mylar at a scale of not less than one inch equals 50 feet and in compliance with all applicable provisions of Chapter 358 of the Laws of 1953 and N.J.S.A. 46:23-9.8.
(3) 
Key map showing the entire parcel and its relation to surrounding areas within 2,000 feet. Such map shall show all existing land uses within 200 feet.
[Amended 5-26-2010 by Ord. No. 14-2010]
(4) 
The tract name, Tax Map sheet, block and lot numbers, and zoning district and zoning requirements.
(5) 
North arrow, graphic scale, date of preparation and all revisions contained on each sheet.
(6) 
The name and address of owner and subdivider; the names and addresses of land owners within 200 feet of the outer boundary of lands to be subdivided as disclosed by the most recent municipal tax records and certified by the Tax Assessor. This information shall be included on the plans and shall include the date in which the list was produced.
(7) 
Name, address and signature of person preparing the plan. The plan shall be prepared, signed and sealed by a licensed N.J. land surveyor, as required by state regulation.
(8) 
Approval signature lines with appropriate certification statement in accordance with the NJ Map Filing Law (N.J.S.A. 46:23) for:
(a) 
Board Chairman.
(b) 
Board Secretary.
(c) 
Township Engineer.
(d) 
Municipal Clerk.
(9) 
A certified survey of the property prepared by a New Jersey land surveyor with bearings and distances provided for all property lines. The survey shall be provided with datums in NAD 83 and NGVD 88 for horizontal and vertical datums, respectively.
(10) 
Certification that the applicant is the agent or owner of the land or that the owner has given consent under an option agreement.
(11) 
When approval of a plat is required by any officer or body of the municipality, county or state, approval shall be certified on the plat.
(12) 
Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.
(13) 
Plans and profiles of all streams, ditches and watercourses.
(14) 
Plans and profiles accurately drawn to a scale of not less than one inch equals 50 feet showing proposed construction of off-site improvements and grading of lots complete in every detail.
(15) 
Copies of all other data not included in the submission of the preliminary plat necessary to completely and accurately delineate and describe the construction of off-site improvements.
(16) 
Plans and profiles of improvements and utility layouts, including sewer, water and storm drains, showing all proposed connections to existing systems as approved by the Township Engineer.
(17) 
Location of all monuments, corners and other points established in the field, whether set or to be set. The material of which the monuments, corners or other points are made shall be noted at the representation thereof or by legend. The legend for metal monuments shall indicate the type of metal, the diameter, length and weight per lineal foot of the monuments.
(18) 
Executed and acknowledged easements to the appropriate governmental entity for all off-site utilities required, together with a certificate of title thereto made to the appropriate entity by a qualified New Jersey attorney or reputable title company.
(19) 
All required utility easements shall be shown. The purpose of each easement and the entity to be responsible for its maintenance shall also be noted on the plans.
(20) 
A performance guaranty sufficient in the amount to cover the cost of all improvements shall be posted as outlined in § 198-19.
(21) 
All applicable fees must be paid with the submission.
(22) 
No application will be deemed complete until all taxes and sewer assessments are paid up-to-date.
(23) 
The maps for submission must be folded into eighths and have title block clearly visible.
(24) 
In the Pinelands Area, no application shall be deemed complete until a certificate of filing or no-interest letter from the Pinelands Commission, and evidence of redemption of any required Pineland Development Credits or other evidence from Pinelands Commission review in accordance with Chapter 225, Article VIA, of this Code is submitted by the applicant.
[1]
Editor’s Note: Ordinance No. 50-2006, adopted 10-25-2006, also revised this section, but was not codified at the request of the Township because the revisions adopted by Ord. No. 50-2006 are included in Ord. No. 58-2006.
Except as hereinafter provided, no building permit shall be issued for a building or change of use or enlargement of any building or use unless a site plan is first submitted and approved by the Planning Board, and no certificate of occupancy shall be given unless all construction conforms to the approved plan. Site plan approval shall not be required for single-family dwellings, two-family dwellings, farms or for such accessory uses as private garages, toolhouses, private greenhouses and barns, but this section shall not limit the requirements for submission of subdivision plans for subdivision approval as otherwise provided in this chapter.
A. 
Site plan classification. A site plan shall be classified by the Site Plan Committee of the Planning Board as a minor or major site plan as defined hereafter. Notwithstanding the above, the following classes of development application shall be filed, reviewed and acted upon as set forth hereinafter:
[Amended 9-10-1980 by Ord. No. 28-1980]
(1) 
Site plan exemptions. No site plan application shall be required prior to issuance of a building permit or certificate of occupancy for one of the following.
(a) 
Interior alterations.
(b) 
Exterior building facades, windows and roofing, but not including loading docks.
(c) 
Fencing.
(d) 
Resurfacing of existing paved parking area.
(2) 
Administrative review procedures.
[Amended 7-22-1981 by Ord. No. 15-1981; 5-23-1984 by Ord. No. 16-1984; 9-23-1987 by Ord. No. 42-1987; 6-13-1990 by Ord. No. 14-1990]
(a) 
Applicants requesting administrative review for minor revisions and/or additions to a site plan shall be required to submit a site plan application. This application shall be limited to the changes proposed and shall provide sufficient information to fully describe the changes proposed. No more than two administrative reviews shall be granted per applicant, provided that the Township Planner or Engineer determine that the cumulative effect of the changes does not significantly alter the plan as originally approved. The Township Engineer and Planner shall determine if an administrative remedy is appropriate for each particular case and shall be empowered to grant approval in lieu of Planning Board or Zoning Board of Adjustment action, if the application is one of the following and does not require a variance:
[1] 
Building addition to nonresidential use of 1,000 square feet or 15% of total existing floor area, whichever is less.
[2] 
Exterior lighting.
[3] 
Signs.
[4] 
Change in parking of 10 spaces or 10% of the existing parking area, whichever is less.
[5] 
Underground fuel tanks for personal use of site occupants only; not for the wholesale/retail sale of fuel.
[6] 
Revisions to approved plans involving the following items:
[a] 
Landscaping.
[b] 
Drainage.
[c] 
Phasing/staging.
[7] 
Other changes to the site plan or project which the Township Engineer or Planner deem sufficiently minor in nature so as not to require review by the Planning Board or Zoning Board of Adjustment.
[8] 
A change in use, provided that the desired use is permitted in the subject zone, and further provided that any effects of the change are consistent with Subsection A(2)(a)[1] through [7].
(b) 
If the Township Engineer and/or Planner determine that the proposed addition(s) or revision(s) do not meet the criteria set forth by this chapter or that such revision and addition is not minor in nature or that such change will significantly alter the plan as originally approved, the applicant shall be directed to proceed with site plan application to the Planning Board/Zoning Board of Adjustment.
(c) 
The Zoning Officer may authorize the Construction Official to issue permits for an administratively approved application, but only after the Township Engineer and Planner have submitted written approval to the minor revision(s) or addition(s). An application for a building permit not classified as either exempt or eligible for administrative review shall require a site plan application.
B. 
A minor site plan shall be as specified hereunder, and an applicant may prepare a minor site plan application drawn according to the standards and conditions specified in Subsection C if the proposed building, the conversion of the existing building from one use to another or the enlargement of an existing building or any combination of the same does not exceed 5,000 square feet for retail commercial uses; exceed 10,000 square feet for industrial uses nor required more than 25 new parking spaces as prescribed by this chapter. All residential development requiring site plan approval shall comply with the major site plan submission requirements. All other site plans shall be major site plans and shall be drawn according to the standards and conditions specified in Subsection D.
C. 
Minor site plan checklist. The following checklist is designed to assist applicants in preparing plans for Planning Board/Zoning Board of Adjustment review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Board. The site plan shall show the following information and be drawn according to all relevant standards set forth in § 198-15C and Chapter 225 of the Township Code:
[Amended 11-18-1992 by Ord. No. 51-1992; 2-24-1993 by Ord. No. 8-1993; 7-14-1993 by Ord. No. 30-1993; 10-11-2006 by Ord. No. 58-2006[1]]
(1) 
Submittal materials:
(a) 
Six copies of the plans shall be submitted on one of the following sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections and shown on separate sheets of equal size, with reference on each sheet as to the location of all adjoining sheets.
(b) 
Fifteen copies of half-scale plans (11 inches by 17 inches) shall be submitted.
(c) 
A copy of the site plans must be submitted in digital format. The digital files shall be compatible with AutoCAD or submitted in dxF format. All digital media should be on CD-ROM Media.
(2) 
The plan shall be drawn or reproduced at a scale of not less than one inch equals 50 feet.
(3) 
Key map showing the entire parcel and its relation to surrounding areas within 2,000 feet. Such map shall show all existing land uses within 200 feet.
[Amended 5-26-2010 by Ord. No. 14-2010]
(4) 
The zoning district and zoning requirements.
(5) 
North arrow and graphic scale contained on each sheet.
(6) 
Name and address of owner and applicant and owners of land within 200 feet of the outer boundary of the site as certified by the Tax Assessor. This information shall be included on the plans and shall include the date in which the list was produced.
(7) 
Name, address and signature of person preparing the plan. The plan shall be prepared, signed and sealed by a licensed N.J. land surveyor, engineer, planner or architect as required by state regulation.
(8) 
Approval signature lines with appropriate certification statement in accordance with the NJ Map Filing Law (N.J.S.A. 46:23) for:
(a) 
Board Chairman.
(b) 
Board Secretary.
(c) 
Township Engineer.
(d) 
Municipal Clerk.
(9) 
A certified survey of the property prepared by a New Jersey land surveyor with bearings and distances provided for all property lines. The survey shall be provided with datums in NAD 83 and NGVD 88 for horizontal and vertical datums, respectively.
(10) 
Existing and proposed elevations and contours, at one-foot intervals, to determine the natural drainage of land within the subject property and extending 100 feet from the property lines.
(11) 
Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.
(12) 
All proposed means of vehicular access and egress to and from the site onto public streets and the location of existing driveways on adjacent land if closer than 75 feet. Proposed paving cross section, parking stall dimensions and driveway widths shall be provided.
(13) 
Title block containing name of applicant and development, lot and block numbers, date prepared and date of latest revision.
(14) 
Sight triangles, the radii of curblines and street sign locations shall be clearly indicated at intersections.
(15) 
Site characteristics maps showing the location of existing and proposed property lines, streets, street names, buildings, watercourses, railroads, bridges, culverts, easements, right-of-ways and any natural features, such as wooded areas, streams or wetlands. All significant trees (15 inches dBh and greater) and all historically, culturally and archaeologically significant structures or resources shall be shown.
(16) 
The location of all wetland areas and required wetland transition areas or buffers within the proposed development as required pursuant to the New Jersey Freshwater Wetlands Protection Act[2] or the Comprehensive Management Plan, and a letter from either the NJDEP or the Pinelands Commission indicating that the proposed subdivision does not require wetlands delineation.
[2]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(17) 
A copy of any existing and/or proposed protective covenants or deed restrictions applying to the subject site shall be submitted with the plan, if applicable.
(18) 
A stormwater management plan, calculations and information in accordance with § 94-44 of Township Code. This plan shall include:
(a) 
Topographic base map.
(b) 
Environmental site analysis.
(c) 
Project description and site plan.
(d) 
Land use planning and source control plan.
(e) 
Stormwater management facilities map.
(f) 
Calculations for groundwater recharge, stormwater runoff rate, volume and quantity and vertical design constraints.
(g) 
Inspection, maintenance and repair plan.
(h) 
Waiver from submission requirements, if applicable.
(i) 
NJDEP low-impact development checklist.
(19) 
Proposed connections to existing water supply and sanitary sewerage systems, or alternative means of providing these services.
(20) 
Methods of solid waste storage and disposal, including recycling efforts.
(21) 
Location of existing and proposed wells and septic systems.
(22) 
The plan/project shall be designated in compliance with the subdivision, site plan and zoning ordinances of the Township and other applicable standards of the state, county and local agencies.
(23) 
Landscaping plan including:
(a) 
The types, quantity, size and location of all proposed vegetation.
(b) 
The scientific and common names of all proposed landscaping.
(c) 
Planting details.
(d) 
Maintenance notes.
(e) 
Sight easements.
(24) 
Lighting and signage plan showing the locations of signs and light standards, heights, setbacks, type of light standard, hours of illumination and lighting pattern superimposed onto the plan and noted in footcandles.
(25) 
Architectural plans with typical floor plans and building views/elevations.
(26) 
All applicable fees must be paid with submission.
(27) 
No application will be deemed complete until all taxes and sewer assessments are paid up-to-date.
(28) 
In the Pinelands Area, no application shall be deemed complete until a certificate of filing from the Pinelands Commission or other evidences of Pinelands Commission review in accordance with Chapter 225, Article VIA, of this Code is submitted by the applicant.
(29) 
The maps for submission must be folded into eighths and have title block clearly visible.
One or more of the above informational items may not be applicable in all cases. The person preparing the plan should indicate in writing on the plan those items not applicable. Items 25, 26 and 27 are applicable in all cases and cannot be waived.
[1]
Editor's Note: Ordinance No. 50-2006, adopted 10-25-2006, also revised this subsection, but was not codified at the request of the Township because the revisions adopted by Ord. No. 50-2006 are included in Ord. No. 58-2006.
D. 
Major site plan checklist. The following checklist is designed to assist applicants in preparing plans for Planning Board/Zoning Board of Adjustment review. The applicant should check off each item and submit the checklist with the application to ensure that the information is included on the plan. Items omitted will delay consideration by the Board. The site plan shall show the following information and be drawn according to all relevant standards set forth in § 198-15D and Chapter 225 of the Township Code:
[Amended 2-23-1983 by Ord. No. 4-1983; 11-18-1992 by Ord. No. 51-1992; 2-24-1993 by Ord. No. 8-1993; 7-14-1993 by Ord. No. 30-1993; 10-11-2006 by Ord. No. 58-2006[3]]
(1) 
Submittal materials:
(a) 
Six copies of the plans shall be submitted on one of the following sheet size: 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections and shown on separate sheets of equal size, with reference on each sheet as to the location of all adjoining sheets.
(b) 
Fifteen copies of half-scale plans (11 inches by 17 inches) shall be submitted.
(c) 
A copy of the site plans must be submitted in digital format. The digital files shall be compatible with AutoCAD or submitted in dxF format. All digital media should be on CD-ROM Media.
(2) 
The plan shall be drawn or reproduced at a scale of not less than one inch equals 50 feet.
(3) 
Key map at a scale of one inch equals 300 feet, showing the entire subdivision and its relation to surrounding areas within 2,000 feet. Such maps shall show all existing land uses within 200 feet of the land being subdivided.
(4) 
The zoning district and zoning requirements.
(5) 
North arrow and graphic scale contained on each sheet.
(6) 
Name and address of owner and applicant and owners of land within 200 feet of the outer boundary of the site as certified by the Tax Assessor and dated when the list was produced.
(7) 
Name, address and signature of person preparing the plan. The plan shall be prepared, signed and sealed by a licensed N.J. land surveyor, engineer, planner or architect as required by state regulation.
(8) 
Approval signature lines with appropriate certification statement in accordance with the NJ Map Filing Laws[4] for:
(a) 
Board Chairman.
(b) 
Board Secretary.
(c) 
Township Engineer.
(d) 
Municipal Clerk.
[4]
Editor's Note: See N.J.S.A. 46:23 et seq.
(9) 
A certified survey of the property prepared by a New Jersey land surveyor with bearings and distances provided for all property lines. The survey shall be provided with datums in NAD 83 and NGVD 88 for horizontal and vertical datums, respectively.
(10) 
Existing and proposed elevations and contours, at one-foot intervals, to determine the natural drainage of land within the subject property and extending 100 feet from the property lines.
(11) 
Locations of all existing and proposed structures showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.
(12) 
Title block containing name of applicant and development, lot and block numbers, date prepared and date of latest revision.
(13) 
Landscaping plan including:
(a) 
The types, quantity, size and location of all proposed vegetation.
(b) 
The scientific and common names of all proposed landscaping.
(c) 
Planting details.
(d) 
Maintenance notes.
(e) 
Sight easements.
(14) 
Lighting and signage plan showing the locations of signs and light standards, direction of illumination, mounting heights, setbacks, type of light standards, hours of illumination and lighting pattern superimposed onto plan and noted in footcandles.
(15) 
Site characteristics maps showing the location of existing and proposed property lines, streets, street names, buildings watercourses, railroads, bridges, culverts, easements, right-of-ways and any natural features, such as wooded areas, streams or wetlands. All significant individual trees (over 15 inches diameter at breast height) and historically, culturally and archaeologically significant structures or resources shall be shown.
(16) 
The location of all wetland areas and required wetland transition areas of buffers within the proposed development as required pursuant to the New Jersey Freshwater Wetlands Protection Act[5] or the Comprehensive Management Plan, and a letter from either the NJDEP or the Pinelands Commission indicating that the proposed subdivision does not require wetlands delineation.
[5]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(17) 
A copy of any existing and/or proposed protective covenants or deed restrictions applying to the land shall be submitted with the plan, if applicable.
(18) 
A stormwater management plan, calculations and information in accordance with § 94-44 of Township Code and pursuant to NJDEP stormwater regulations. This plan shall include the following:
(a) 
Topographic base map.
(b) 
Environmental site analysis.
(c) 
Project description and site plan.
(d) 
Land use planning and source control plan.
(e) 
Stormwater management facilities map.
(f) 
Calculations for groundwater recharge, stormwater runoff rate, volume and quantity and vertical design constraints.
(g) 
Inspection, maintenance and repair plan.
(h) 
Waiver from submission requirements, if applicable.
(i) 
NJDEP low-impact development checklist.
(19) 
A sewer and water report containing an explanation of plans to tie into existing sewer and water facilities including the status of efforts to have tie-ins approved by the appropriate authorities. Based on the capacities of existing sewer and water systems, the applicant shall, if pertinent, describe what improvements shall be implemented to meet the anticipated demands.
(20) 
A traffic report containing calculations of the number of motor vehicles expected to enter or leave the site for an average peak hour and evaluation of the ability of the internal circulation plan and external access roadways, including the two nearest intersections on collector roadways, to handle this anticipated traffic, made by a qualified traffic engineer (for developments requiring 75 or more parking spaces).
(21) 
A fiscal impact report indicating the impact of the project on Township services, the cash flow of the project, and determination of the applicants pro rata share of necessary improvements (for developments of 25 or more dwelling units).
(22) 
A modification report, if applicable, showing the modifications of Township standards requested, along with supporting documentation.
(23) 
A utilities plan at the same scale of the site plan showing:
(a) 
The locations of existing utility structures such as water and sewer mains, gas transmission lines and high-tension power lines on the site plan and within 200 feet of its boundaries.
(b) 
Plans of proposed improvements and utility layouts, including sewer, water, and storm drains, showing all proposed connections to existing systems. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such system shall be approved by the appropriate Township and state agencies, and the results of percolation tests shall be submitted with the preliminary plan under conditions designated by the Township and the County Board of Health, and/or the Pinelands Commission. Where applicable, the utility company letter must indicate that wet hookups will be available for each lot. If private utilities are proposed, they shall fully comply with all Township, county, and state regulations.
(24) 
Profiles of all proposed streets indicating grading and cross sections showing widths of roadway and width and location of sidewalks.
(25) 
Locations and dimensions of curb cuts affording vehicular access to public right-of-ways.
(26) 
Design of off-street parking and loading areas, showing size and location of bays, aisles, barriers, truck-turning movements and parking spaces.
(27) 
A photograph of the premises in question from the opposite side of street.
(28) 
Areas in which construction is prohibited due to the presence of stream corridors and/or steep slopes.
(29) 
All area to be disturbed by grading or construction.
(30) 
Location of existing and proposed wells and septic systems.
(31) 
Natural resource inventory information including:
(a) 
Soil types as shown on the current Soil Conservation Soil Survey Maps.
(b) 
Soil depth to restrictive layers of soil.
(c) 
Soil depth to bedrock.
(d) 
Height of soil water table and type of water table.
(e) 
Floodplain soil (status).
(f) 
Limitation for foundations.
(g) 
Limitation for septic tank absorption field (only where septic tank is proposed for use).
(h) 
Limitation for local roads and streets.
(i) 
Agricultural capacity classifications.
(j) 
Erosion hazard.
(32) 
Sight triangles, the radii of curblines and street sign locations shall be clearly indicated at intersections.
(33) 
Soil erosion/sediment control plan which complies with Soil Conservation Service requirements.
(34) 
All existing and proposed curbs and sidewalks.
(35) 
Architectural plans with typical floor plans and building views/elevations.
(36) 
Method of solid waste storage and disposal, including recycling efforts.
(37) 
The purpose of any proposed easement of land reserved or dedicated to public common use shall be designated.
(38) 
The plan/project shall be designated in compliance with the applicable Township ordinances of the Township and other applicable standards of the state, county and local agencies.
(39) 
All applicable fees must be paid with submission.
(40) 
No application will be deemed complete until all taxes are paid up-to-date.
(41) 
In the Pinelands Area, no application shall be deemed complete until a certificate of filing from the Pinelands Commission or other evidence of Pinelands Commission review in accordance with Chapter 225, Article VIA, of this Code is submitted by the applicant.
(42) 
The maps for submission must be folded into eighths and have title block clearly visible.
One or more of the above informational items may not be applicable in all cases. The person preparing the plan should indicate in writing on the plan those items not applicable. Items 39, 40 and 42 are applicable in all cases and cannot be waived.
[3]
Editor's Note: Ordinance No. 50-2006, adopted 10-25-2006, also revised this subsection, but was not codified at the request of the Township because the revisions adopted by Ord. No. 50-2006 are included in Ord. No. 58-2006.
E. 
Utilities approval notice. In approving any site plan, the Planning Board shall require that the applicant first furnish a notice of approval of plans for water and sewerage installation from the Egg Harbor Township Municipal Utilities Authority if applicable.
[Added 11-18-1992 by Ord. No. 51-1992; amended 2-24-1993 by Ord. No. 8-1993]
The following requirements apply to all applications made under Subdivisions a, b, c and d of N.J.S.A. 40:55D-70 and applications for conditional use and planning variances and are applicable regardless of which board the application is made to.
Applicant Please Check
"A" Appeal
"B" Inter- pretation or Special Question
"C" Var- iance
"D" Var- iance
Condi- tional Use
Planning Variance
PLAT SPECIFICATIONS
( )
1. Plat clearly and legibly drawn or reproduced at a scale not smaller than 1 inch equals 100 feet.
x
x
x
x
( )
2. Sheet size either 15 x 21, 24 x 36 or 30 x 42.
x
x
x
x
( )
3. The applicant shall submit 12 sealed copies of the plans of the building or structures to be erected or altered and indicate whether the building is to be frame, stone, brick or other construction.
x
x
x
x
( )
4. Plans shall be prepared by an architect, planner, engineer, land surveyor or the applicant, where appropriate. When the plans are prepared by the applicant, an affidavit must be submitted stating he is the designer, owner and occupant.
x
x
x
x
( )
5. Plat prepared to scale based on deed description, Tax Map or similarly reasonably accurate date for the purpose of review and discussion by the municipal agency.
x
x
x
x
GENERAL INFORMATION
( )
6. Metes and bounds description of parcel in question based upon current land survey information.
x
x
x
x
( )
7. Property line shown in degrees, minutes and seconds.
x
x
x
x
( )
8. Key map showing location of tract to be considered in relation to surrounding area.
x
x
x
x
( )
9. Title block containing name of applicant, preparer, lot and block numbers, date prepared, date of last amendment and zoning district.
x
x
x
x
( )
10. Each block and lot numbered in conformity with the Municipal Tax Map as determined by the Municipal Tax Assessor.
x
x
x
x
( )
11. Scale of map, both written and graphic.
x
x
x
x
( )
12. North arrow giving reference meridian.
x
x
x
x
( )
13. Space for signatures of Chairman and Secretary of the municipal agency.
x
x
( )
14. Certified property owners' list of all owners within 200 feet of subject property.
x
x
x
x
x
x
( )
15. Location of existing and proposed property lines with dimensions in feet to the nearest 2 decimal places.
x
x
x
x
( )
16. Zoning district in which parcel is located, indicating all setbacks, lot coverage, height, floor area ratio and density, both as to required and proposed; indicate the above both written and graphically.
x
x
x
x
( )
17. Zone requirements per ordinance and per application.
x
x
x
x
( )
18. Acreage of affected parcel to the nearest hundredth of an acre.
x
x
x
x
( )
19. Provide a Polaroid or other similar photograph of the premises in question taken from the opposite side of the street.
x
x
x
x
NATURAL FEATURES - TOPOGRAPHY OF THE SITE AND WITHIN 200 FEET THEREOF
( )
20. Contours to determine the natural drainage of the land. Intervals shall be: up to 10% grade, 2 feet; over 10% grade, 5 feet.
x
x
( )
21. Cliffs and rock outcroppings.
x
x
( )
22. Floodplains.
x
x
( )
23. Natural and artificial watercourses, streams, shorelines and water boundaries and encroachment lines.
x
x
( )
24. Aquifer recharge areas, including safe sustained ground water yield.
x
x
( )
25. Wooded areas, indicating predominant species and size.
x
x
( )
26. Location of trees 6 inches or more in diameter, as measured 1 foot above ground level, outside of wooded area, designating species of each.
x
x
( )
27. Areas in which construction is precluded due to presence of stream corridors and/or steep slopes.
x
x
( )
28. All areas to be disturbed by grading or construction.
x
x
MAN-MADE FEATURES ON SITE AND WITHIN 200 FEET THEREOF
( )
29. A 200-foot line must be drawn on the plans within which are located existing structures, and their distances from existing and proposed property lines, required setbacks zoning boundaries and lot dimensions.
x
x
x
x
( )
30. Location and type of existing easements or rights-of-way, including power lines.
x
x
x
( )
31. Location of existing railroads, bridges, culverts, drainpipes, water and sewer mains and other man-made installations affecting the tract.
( )
32. Location of existing wells and septic systems.
x
x
x
( )
33. When applicant intends to use a conventional septic disposal system: location of test holes, test results and approximate location of the intended disposal field.
x
x
x
( )
34. Plans and profiles of proposed utility layouts, such as sewers, storm drains, water, gas and electric, showing feasible connections to existing or proposed utility systems.
x
x
x
( )
35. Location and description of monuments, whether set or to be set.
x
x
x
STREETS
( )
36. Location, names and widths of all existing and proposed streets on the property and within 200 feet of the tract.
x
x
x
( )
37. Required road dedication.
x
x
x
( )
38. Road orientation (as it relates to energy conservation).
x
x
( )
39. Plans, profiles and cross sections of all proposed new streets and/or access to proposed streets.
x
x
x
MISCELLANEOUS
( )
40. Proposed sight easements, where required.
x
x
( )
41. Proposed drainage easements, where required.
x
x
( )
42. Natural resource inventory information, including:
( )
 a. Soil types as shown by the current Soil Conservation Survey Maps.
( )
 b. Soil depth to restrictive layers of soil.
( )
 c. Soil depth to bedrock.
( )
 d. Permeability of the soil by layers.
( )
 e. Height of soil water table and type of water table.
( )
 f. Floodplain soil (status).
x
x
x
x
( )
 g. Limitation for foundation.
x
x
x
x
( )
 h. Limitation for septic tank absorption field (only where septic tank is proposed to be used).
x
x
x
x
( )
 i. Limitation for local road and streets.
x
x
x
x
( )
 j. Agricultural capacity classifications.
x
x
x
x
( )
 k. Erosion hazard.
x
x
x
x
( )
43. Landscaping plan, including the types, quantity, size and location of all proposed vegetation. The scientific and common names of all vegetation shall be included.
x
x
( )
44. Soil Erosion and Sediment Control Plan consistent with the requirements of the local soil conservation district
x
( )
45. Design calculations showing proposed drainage facilities to be in accordance with the appropriate drainage runoff requirements.
x
x
x
x
( )
46. The purpose of any proposed easement of land reserved or dedicated to public or common use shall be designated, and the proposed use of sites other than residential shall be noted.
x
x
x
x
x
( )
47. Any sections for which a waiver is specifically being requested and a narrative paragraph explaining why the applicant is entitled to such waiver.
x
x
x
x
x
x
( )
48. In the Pinelands Area, no application shall be deemed complete until a certificate of filing from the Pinelands Commission or other evidence of Pinelands Commission review in accordance with Chapter 225, Article VIA, of this Code is submitted.
[Added 7-14-1993 by Ord. No. 30-1993]
x
x
x
x
[1]
Editor's Note: Former § 198-16, Standard required improvements, as amended, was repealed 2-24-1993 by Ord. No. 7-1993 and 7-14-1993 by Ord. No. 30-1993.
All improvements (except electric, gas, water and sewer lines) shall be installed under the supervision and inspection of the Township Engineer, the cost thereof to be borne by the developer. Said reasonable cost of inspection shall be estimated in advance by the Township Engineer, and such amount, in the form of cash or certified check, shall be deposited with the Township Treasurer before commencement of any construction. The Treasurer shall establish an escrow account to pay for Township engineering inspection fees. The reasonable cost for inspection shall be paid to the Engineer as work progresses. If said deposit shall be insufficient, any additional reasonable inspection cost shall be paid by the developer before the improvement is accepted by the Township of Egg Harbor. Any balance from the deposit after inspection costs have been deducted therefrom shall be refunded to the developer by resolution of the Township Committee.
A. 
No construction work shall commence without the Township Engineer being properly notified. Such notice shall be given at least 48 hours before the commencement of work. Failure of the developer, his contractor or his agent to provide such notice will be just cause for the suspension of the work being performed. A developer, contractor or agent who shall violate the provisions of this section of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be liable to fine of not more than $100 in each instance. Each and every day that such violation continues shall be deemed a separate and distinct violation.
[Amended 10-10-1979 by Ord. No. 28-1979]
B. 
The New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, with any amendments thereto or revisions thereof presently existing, including the New Jersey Department of Transportation Standard Construction Details, or to be made in the future, shall govern all construction of improvements required herein. Failure of the developer, his contractor or agents to conform to said specifications will be just cause for the suspension of the work being performed.
[Amended 4-10-1996 by Ord. No. 4-1996; 5-25-2016 by Ord. No. 14-2016; 5-2-2018 by Ord. No. 14-2018]
A. 
Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit, the Township shall require a performance guarantee for the purpose of assuring the installation of certain on-tract improvements.
(1) 
The Township may require up to 10% of all performance guarantees in cash. The developer has the option to post more than 10% in cash or any portion of a required maintenance guarantee in cash.
B. 
Types of performance guarantees required.
(1) 
Site improvement guarantee. A guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Township Engineer, according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. 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 developer. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance guarantee to another governmental agency, no performance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
(2) 
Perimeter buffer landscaping guarantee. A guarantee in favor of the Township to include, within an approved phase or section of a development privately owned perimeter buffer landscaping, as required by site plan approval or imposed as a condition of approval. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
(3) 
Temporary certificate of occupancy guarantee. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to as a "temporary certificate of occupancy guarantee," in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection B(1) of this section, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township Engineer. At no time may Township hold more than one guarantee of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Township Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(4) 
Safety and stabilization guarantee.
(a) 
A developer shall furnish to the Township a safety and stabilization guarantee, in favor of the Township. At the developer's option, a safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the site improvement performance guarantee referenced in Subsection B(1) of this section. A safety and stabilization guarantee shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
[1] 
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
[2] 
Work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee. The Township shall not provide notice of its intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt of the notice.
(b) 
The amount of a safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
(c) 
The amount of a safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 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.
(d) 
The Township shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this subsection.
(e) 
The Township shall release a safety and stabilization guarantee upon the Township Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
C. 
Types of maintenance guarantees required.
(1) 
Site improvement maintenance guarantee. Prior to the release of a site improvement or perimeter buffer landscaping performance guarantee described in Subsection B, the developer shall post a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released. The Township may not require any portion of the maintenance guarantee to be posted in cash but the developer has the option to post the maintenance guarantee in cash.
(2) 
Stormwater management maintenance guarantee. Upon the inspection and issuance of final approval by the Township engineer of the following private site improvements, a separate maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements related to the stormwater management for the project: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system.
(3) 
The term of all maintenance guarantees shall be for a period of two years and shall automatically expire at the end of the two-year period.
D. 
Procedures for reductions of performance guarantees.
(1) 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Township Committee 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 Subsection B of this section, a list of all uncompleted or unsatisfactory completed bonded 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 bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all bonded improvements covered by obligor'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 obligor's request.
(2) 
The list prepared by the Township Engineer shall state, in detail, with respect to each bonded 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 bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded 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 bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection B of this section.
(3) 
The Township Committee, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these bonded 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 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 Subsection B of this section. 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 governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded 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 total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
(4) 
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection B of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.
(5) 
In the event that the obligor has made a cash deposit with the Township as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee, provided that if the developer has furnished a safety and stabilization guarantee, the Township may retain cash equal to the amount of the remaining safety and stabilization guarantee.
(6) 
If any portion of the required bonded improvements is rejected, the Township Committee may 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.
(7) 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Committee or Township Engineer.
E. 
Payments for professionals serving Township.
(1) 
The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the inspection of improvements; which fees shall not exceed the sum of the amounts set forth in Subsection E(1)(a) and (b) of this section. The Township 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 this section; and
(b) 
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under this section, 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 Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection E(1)(a) and (b) of this section, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township 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.
F. 
Other requirements.
(1) 
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.
(2) 
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Committee shall be deemed, upon the release of any performance guarantee required pursuant to Subsection B of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
(3) 
All guarantees shall be approved as to form by the Township Solicitor. The developer shall pay for all reasonable fees associated with the review by the Township Solicitor.
(4) 
A performance guarantee shall run for a period to be fixed by the Planning Board at the time of approval of a final plat, but in no case for a term of more than two years. However, with the consent of the owner and the surety, if there is one, the Township Committee may, by resolution, extend the term of such performance guarantee for an additional period not to exceed three years. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as of the time of the passage of the resolution.
(5) 
If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Township of Egg Harbor for the reasonable cost of the improvements not installed and, upon the receipt of the proceeds of the performance guarantee, the Township of Egg Harbor shall install such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.). The obligor and surety shall also pay for all reasonable inspection fees in addition to all required improvements.
(6) 
It shall be expressly understood that, notwithstanding the posting of any performance guarantees for a lot in a major subdivision, no certificate of occupancy shall be issued until the developer or subdivider shall have installed the road subbase, road base, curbs, gutters and first course paving as specified in Chapter 94 of the Township Code, entitled "Design, Performance and Improvement Standards," and until the underground utilities such as sewer, water, gas, storm drainage lines, electric, telephone and cable television and all other underground work shall have been duly and properly installed. No occupancy permit shall be issued until the subdivider shall have entered into an agreement with the Township to permit municipal forces to enter upon the streets of the subdivision prior to final acceptance of said streets for the purpose of rendering such Township services such as fire and police protection, snow removal, trash collection and any other service as may be deemed necessary for the health, safety and welfare of the residents. No occupancy certificates shall be granted for the final two dwellings until the finished road surface has been installed pursuant to Township specifications and until all other improvements and conditions as may be required by the Planning Board, the Building Subcode Official and the Plumbing Official have been properly installed. Certification that all requirements are met must be provided in writing by the Township Engineer or other designated administrative officer prior to the issuance of such certificate of occupancy.
[1]
Editor's Note: Former § 198-20, Design standards for subdivision plats, was repealed 7-14-1993 by Ord. No. 30-1993.
[1]
Editor's Note: Former § 198-21, Blocks, was repealed 2-24-1993 by Ord. No. 7-1993 and 7-14-1993 by Ord. No. 30-1993.
[1]
Editor's Note: Former § 198-22, Lots and land development, as amended, was repealed 2-24-1993 by Ord. No. 7-1993 and 7-14-1993 by Ord. No. 30-1993.
[1]
Editor's Note: Former § 198-23, Fill areas, was repealed 7-14-1993 by Ord. No. 30-1993.
[1]
Editor's Note: Former § 198-24, Drainage design and improvements, as amended, was repealed 2-24-1993 by Ord. No. 7-1993 and 7-14-1993 by Ord. No. 30-1993.
[1]
Editor's Note: Former § 198-25, Utility easements; drainage rights-of-way; preservation of natural features, was repealed 2-24-1993 by Ord. No. 7-1993 and 7-14-1993 by Ord. No. 30-1993.
A. 
If, before final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed $1,000 or to imprisonment for not more than 90 days or by a period of community service not exceeding 90 days, or both such fine and imprisonment, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
[Amended 4-12-2006 by Ord. No. 20-2006]
B. 
In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under Section 3 of the Official Map and Building Permit Act (1953), the municipality may institute and maintain a civil action:
(1) 
For injunctive relief.
(2) 
To set aside and invalidate any conveyance made pursuant to such contract for sale if a certificate of compliance has not been issued in accordance with this chapter and applicable state law.
C. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that demands, in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years if unrecorded.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Egg Harbor. Any action taken by the Planning Board and the governing body under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the Planning Board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of those imposing the higher standards shall govern.
A. 
The regulations, limitations and restrictions of this chapter may be amended, changed, modified or repealed by the governing body in accordance with Chapter 291 of the Laws of New Jersey, 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Notices of such hearing shall be in accordance with Chapter 291, Laws of New Jersey, 1975. No amendment or change shall become effective unless the ordinance containing such amendment shall first have been submitted to the Planning Board for review. The Planning Board shall have a reasonable time, not less than 30 days, for consideration and report. In the case of an unfavorable report by the Planning Board, such amendment or change shall not become effective except by a favorable vote of  2/3 of the full authorized membership of the governing body.