Berkeley Township City Zoning Code
ARTICLE VIII
Development Applications; Procedures and Plat Details
§ 35-28 APPROVAL REQUIRED.
[Ord. No. 94-29 § 118-10.1; Ord. No. 6-22-OAB § 1; Ord. No. 09-15-OA § 1]
In all zones, for all proposed uses, subdivision, site development or construction, other than a single family or two family residential use and site plan, an exempt development, site plan and/or subdivision approval shall be required prior to:
a.
Subdivision of land.
b.
The issuance of a building permit for any new structure or for any addition to or alteration of an existing structure.
c.
Any change of use of land or structure to a use for which any of the standards of this chapter are more restrictive or stringent. Unless otherwise specified by Resolution of the Planning Board or Board of Adjustment, a change from one listed permitted use in a nonresidential zone to another listed permitted use in the same zone on property developed under a prior site plan approval shall not require additional site plan approval, provided that the parking requirement for the new use is equal to or less than that for the previous use, or that the existing off-street parking on the site meets the parking requirement for the new use.
d.
Any expansion of the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
e.
The construction or alteration of or addition to any off-street parking area which provides an increase of five or more vehicle parking spaces.
§ 35-29 APPLICATION FOR ZONING PERMIT; WHEN REQUIRED.
[Ord. No. 94-29 § 118-10.2; amended 11-20-2023 by Ord. No. 23-38-OAB]
a.
Application shall first be made to the Zoning Officer for issuance of a zoning permit by any person wishing to undertake any of the following:
1.
Subdivision of land.
2.
Construct a new building or structure.
3.
Add to or structurally alter any existing building.
4.
Change the use on any land or within any building or structure.
5.
Any expansion of the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
6.
Construct, add to or alter any parking area, signs, lighting, drainage facility or any other site improvement above and/or below ground level.
7.
Alter the existing condition of any parcel of land.
b.
If the Zoning Officer shall determine that the proposed undertaking is an exempt development which conforms in all aspects to the requirements of this chapter and does not require direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 (Municipal Land Use Law), he shall issue a zoning permit, and the applicant may then apply for a building permit and/or other permits that may be required. The Zoning Officer may authorize and issue a zoning permit for the installation of a temporary ramp to provide access to an occupant of the premises thereof, if, in his/her determination the ramp's location and sizing would not impede pedestrian sidewalk access in the public right of way or adjacent properties and shall not impede stormwater flows. It shall be a stipulation of any such permit issued that when the ramp is no longer needed, it shall be removed within 30 days.
c.
If the Zoning Officer shall determine that the proposed undertaking is an exempt development but does not conform in all aspects to the requirements of this chapter and/or requires direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, he shall instruct the applicant that Board of Adjustment approval of an application for development for variance and/or direction for issuance of a building permit is required before a zoning permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required.
d.
If the Zoning Officer shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Planning Board or Board of Adjustment approval of an application for development is required. He shall further advise the applicant which Board has jurisdiction over the application for development and which of the following approvals are required:
e.
The Planning Board or Board of Adjustment may hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a building permit at the same time that it hears and acts upon a minor subdivision, minor site plan, preliminary plat of a major subdivision or a preliminary plat of a major site plan. No such action shall be taken simultaneously with any action on a sketch plat of a major subdivision or major site plan. Such simultaneous action shall not be taken in conjunction with a final plat of a major subdivision or major site plan unless revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action.
§ 35-30 PRELIMINARY DISCUSSION.
[Ord. No. 94-29 § 118-10.3]
Any person who desires to obtain approval of a site plan or subdivision may request to be scheduled at a conference meeting of the Planning Board for an informal discussion of the proposed development. The purpose of the informal discussion shall be to establish general guidelines to be followed by the applicant in preparing the submission.
§ 35-31.1 Submission Requirements.
[Ord. No. 94-29 § 118-10.4A]
All applications for development shall be submitted to the Board Secretary and shall be accompanied by the following:
a.
Three copies of a fully completed and signed application form.
b.
Three copies of the appropriate checklist for development fully completed.
c.
Fifteen copies of minor/major subdivision/site plan, as the case may be.
e.
Written certification from the Township Tax Collector that all real estate taxes are current on the subject property.
§ 35-31.2 Administrative Review.
[Ord. No. 94-29 § 118-10.4B]
All applications for development shall be submitted to the Board Secretary who shall review same for compliance with the submission requirements in Subsection 35-31.1. Upon completion of the review, the Board Secretary shall immediately forward one copy each of the application, plat and attachments to the Township Planner and one copy of the application, plat and attachments to the Board Engineer.
§ 35-31.3 Completeness Review.
[Ord. No. 94-29 § 118-10.4C]
The Board Engineer and the Planner shall review applications for development for site plans, subdivisions and conditional uses and shall advise the applicant of any deficiencies in the submission. Fifteen copies of revised plans and attachments, which correct all deficiencies shall be resubmitted to the Board Secretary.
§ 35-31.4 Certificate of Completeness.
[Ord. No. 94-29 § 118-10.4D]
When all submission requirements have been fulfilled the Board Engineer shall issue a certificate of completeness and schedule the application for development for consideration by the Planning Board or Board of Adjustment.
§ 35-31.5 Conditional Approvals.
[Ord. No. 94-29 § 118-10.4E]
a.
After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth within Article VII of this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board or Board of Adjustment approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
b.
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Board Engineer determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in Article VI of this chapter.
§ 35-31.6 Planning Board Action.
[Ord. No. 94-29 § 118-10.4F]
In acting upon an application for development for a subdivision or site plan, the Planning Board shall consider whether the submittal complies with the following goals and objectives:
a.
The proposed use is consistent with the Master Plan.
b.
The plat submission contains all of the information and data required by this chapter.
c.
The details and improvement standards of the plat are in accord with the standards of this chapter.
d.
Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.
e.
Adequate provision is made for safe and convenient pedestrian circulation.
f.
Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.
g.
Adequate provision has been made for the collection and disposal of stormwater runoff and the proposed drainage facilities have been approved by the Board Engineer.
h.
In all nonresidential projects, adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.
i.
Adequate provision has been made for compliance with the performance standards of this chapter.
j.
Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding area or future uses designed for the surrounding area in the Master Plan.
§ 35-31.7 Conditions for Approval.
[Ord. No. 94-29 § 118-10.4G]
Approvals of all applications for development shall not be valid until all of the following have taken place:
a.
The Board Engineer shall certify that all conditions of approval have been satisfied.
b.
In the case of applications for development for site plans and subdivisions, the applicant shall submit the reproducible original of the plat for the signature of the Chairman and Secretary or Assistant Secretary of the Planning Board or Board of Adjustment and the Township Engineer.
c.
The applicant shall cause three copies of the signed plat and attachments to be reproduced. One copy shall be retained in the files of the Board Secretary, one copy shall be retained in the files of the Township Engineer and one copy shall be retained in the files of the Township Assessor.
d.
After signature and reproduction, the Board Engineer shall receive one reproducible original of the plat.
§ 35-32.1 Required Documents.
[Ord. No. 94-29 § 118-10.5A; Ord. No. 01-21-OAB § 8]
Prior to the issuance of a certificate of completeness or scheduling of a minor subdivision for consideration by the Board, the Board Engineer shall determine that the following has been submitted in proper form:
a.
The signature and seal of a professional land surveyor licensed to practice in the State of New Jersey.
b.
The fully executed and notarized statement indicating "I/we certify that we are the record holders of title to the lands delineated on this map and approve the filing thereof."
c.
A schedule of zone requirements for each lot proposed to be created by the subdivision plat.
d.
A list of required regulatory approvals including, but not limited to:
e.
The application for development for a minor subdivision shall include a request for the granting of any variances required or other approval required from the Board.
f.
Required application fees.
g.
Required Minor Subdivision Checklist and all information required therein.
h.
Proof of payment of real estate taxes.
i.
Required number of plans and application forms.
§ 35-32.2 Plat Requirements.
[Ord. No. 94-29 § 118-10.5B]
a.
General Requirements. The plat for a minor subdivision shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, and shall include or be accompanied by the information specified below.
1.
All dimensions, both linear and angular, of the exterior boundaries of the subdivision. All lots and lands reserved or dedicated for public use shall balance and their description shall close within a limit of error of not more than one part in 10,000.
2.
The minor subdivision shall be based upon a current boundary survey certified to by the subdivider and prepared or recertified not less than 12 months prior to the date of application.
b.
Title Block. The title block shall appear on all sheets and shall include:
1.
Title of "Minor Subdivision."
2.
Name of the subdivision, if any.
3.
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
4.
Acreage of the tract being subdivided to the nearest tenth of an acre.
5.
Names and addresses of owner and subdivider so designated.
6.
Date of original and all revisions.
7.
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map and made the survey. The plat shall bear the embossed seal of the engineer and/or land surveyor.
c.
Detailed Information.
1.
A key map at a scale of not less than one inch equals 2,000 feet adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
2.
The names of all owners of and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Township of Berkeley, or of the municipality of which the property is a part.
3.
All zone boundaries and Tax Map sheet, lot and block numbers, existing streets and watercourses, floodplains, floodways and flood hazard areas within 200 feet of the boundaries thereof, and both the width of the paving and the width of the right-of-way of each street, existing public easement and Township border within 200 feet of the subdivision.
4.
All existing structures, with an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.
5.
All proposed public easements, sight triangles or rights-of-way and the purposes thereof.
6.
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
7.
All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.
8.
North arrow.
9.
Written and graphic scales.
10.
Proposed lot and block numbers approved by the Tax Assessor.
11.
Location of significant physical features (wooded areas, water areas, wetlands, etc.).
12.
Existing five foot (or less) interval contours based on USCGS datum extending 100 feet beyond property boundary.
13.
Size: 30 x 42 inches, 24 x 36 inches, 15 x 21 inches and 8 1/2 x 13 inches.
14.
Dimensions, bearings and curve data shown for all streets.
15.
Tangents, chords, arc, radius and central angle of all street corners.
16.
Wetlands areas and their buffers delineated by area and metes and bounds on each lot.
17.
Names of adjoining subdivisions, if any, and file numbers of the recorded plats, or the name of owners of adjacent properties.
18.
All monumentation shown.
19.
Affidavit of consent of record holders of title.
20.
Schedule of zone requirements and plan provisions.
21.
Signature block for Planning Board Chairman, Secretary and Engineer.
§ 35-32.3 Conditions of Approval.
[Ord. No. 94-29 § 118-10.5E]
Any approval of an application for development for a minor subdivision granted by the Planning Board shall be subject to the following conditions being satisfied prior to signing of the plat or issuance of a development permit:
a.
Installation of or posting of performance guarantees for the installation of any improvements required by the Planning Board.
b.
Proof of payment of any outstanding real estate taxes.
c.
Ocean County Planning Board approval, if not previously granted.
d.
Sewerage Authority, MUA and/or Board of Health approval, if not previously granted.
e.
Submission of additional prints of the plat map and attachments for distribution, if required.
f.
Publication of a notice of the decision by the applicant.
g.
Any other conditions imposed by the Planning Board pursuant to the resolution of memorialization or which may be required by Federal, State or local law.
h.
When improvements are required in public rights-of-way, evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
§ 35-32.4 Certification.
[Ord. No. 94-29 § 118-10.5F]
In the event that the application for development for a minor subdivision is approved, a certification to that effect in this form:
Classified and approved as a minor subdivision by the Berkeley Township Planning Board on ________. | |
Chairman | |
Attest: | |
Secretary | Date |
This plat (or a deed describing this subdivision) must be filed in the office of the Clerk of Ocean County on or before ________, which date is 190 days after approval as a minor subdivision by the Berkeley Township Planning Board. | |
Secretary | |
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board and the Township Engineer (as to the Map Filing Law certification) after they receive a certification from the Board Engineer that the conditions of approval have been satisfied.
§ 35-32.5 Filing of Approved Plat.
[Ord. No. 94-29 § 118-10.5G]
If the applicant desires to proceed with a subdivision for which approval as a minor subdivision has been granted, he shall file with the County Recording Officer a deed or an approved minor subdivision plat, drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 190 days from the date of approval by the Planning Board. The applicant shall, within one week after filing the subdivision, notify, in writing, the Township Engineer of the date of the filing of the subdivision with the County Recording Officer and the case and sheet or page number for the filed plat or deed. A duplicate tracing of the filed map or copy of the deed, indicating thereon the filing date, shall be obtained from the County Recording Officer by the applicant, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire.
§ 35-33.1 Required Documents.
[Ord. No. 94-29 § 118-10.6A; Ord. No. 01-21-OAB § 9]
Prior to issuance of a certificate of completeness or scheduling of a minor site plan for consideration by the Planning Board, the Board Engineer shall determine that the following has been submitted in proper form:
a.
The signature and seal of a professional land surveyor, engineer or architect licensed to practice in the State of New Jersey.
b.
A schedule of zone requirements for the property which is the subject of the application denoting required and provided conditions.
c.
A list of required regulatory approvals including, but not limited to:
d.
The application for development for a minor site plan shall include a request for the granting of any variances required or other approvals required from the Planning Board.
e.
Required application fees.
f.
Required Minor Site Plan Checklist.
g.
Proof of payment of real estate taxes.
h.
Required number of plans and completed application forms.
§ 35-33.2 Plat Requirements.
[Ord. No. 94-29 § 118-10.6B; Ord. No. 01-21-OAB § 10]
a.
General Requirements.
1.
Any minor site plan presented to the. Planning Board for its approval shall be drawn (on 11 x 17 inches, 24 inches by 36 inches, or 30 inches by 42 inches), signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey.
2.
Site plans shall not be drawn at a scale smaller than one inch equals 50 feet or larger than one inch equals 10 feet.
3.
The site plan shall be based on a monumented, current, certified boundary survey with error of closure no greater than 1:10,000. The date of the survey and the name of the person making same shall be shown on the map. If 12 months or more have passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date.
b.
Title Block. The title block shall appear on all sheets and shall include:
1.
Title of "Minor Site Plan."
2.
Name of the development, if any.
3.
Tax Map sheet, block and lot number of the site, as shown on the latest Township Tax Map, the date of which should also be shown.
4.
Date of original and all revisions.
5.
Names and addresses of owner and developer, so designated.
6.
Name(s), signature(s), address(es) and license number(s) of engineer, architect, land surveyor or planner who prepared the plat and their embossed seal.
7.
If the site plan contains more than one sheet, each sheet shall be numbered and titled.
c.
A schedule shall be placed on the site plan indicating:
1.
The acreage of the tract and site (the portion of the tract involved in the site plan).
2.
The floor area of the existing and proposed building, listed separately.
3.
The proposed use or uses and the floor area devoted to each use.
4.
The zone in which the site is located.
5.
Proposed and required lot dimensions and front, rear and side setbacks.
6.
Proposed and required off-street parking spaces.
7.
Square footage and percentage of the site retained in unoccupied open space.
d.
North arrow and written and graphic scales.
e.
Sufficient spot elevations (United States Coast and Geodetic data) and/or contour lines to indicate the proposed system of surface drainage and the relationship of proposed grading to the land surrounding the site.
f.
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits.
g.
Paving and right-of-way widths of existing streets within 200 feet of the site.
h.
The boundary, nature and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof.
i.
All existing structures on the site and within 200 feet, including the use thereof, indicating those to be destroyed or removed and those to remain.
j.
Location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all buildings and other pertinent improvements.
k.
Existing and proposed public easements or rights-of-way and the purposes thereof.
l.
Zone boundaries and Tax Map sheet, lot and block numbers and names of owners of all properties within 200 feet of the site.
m.
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 200 feet of the property.
n.
The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls.
o.
The location and size of proposed loading docks.
p.
Location of curbs and sidewalks.
q.
Cross section(s) showing the composition of pavement areas, curbs and sidewalks.
r.
Exterior lighting plan, including the location and drawn details of all outdoor lighting standards and fixtures and a notation on the plat indicating conformance or nonconformance with the minimum design standards of the Township Land Development Ordinance.
s.
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized. For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 35-157d of this chapter.
t.
Location of signs and drawn details showing the size, nature of construction, height and content of all signs.
u.
Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
v.
Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.
w.
Written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.
x.
Copy of any existing deed restrictions, covenants or exceptions applicable to the property.
§ 35-33.3 Conditions of Approvals.
[Ord. No. 94-29 § 118-10.6C]
Any approval of an application for development for a minor site plan granted by the Planning Board shall be subject to the following conditions being satisfied prior to signing of the site plan or issuance of a development permit:
a.
Installation and approval of, or posting of performance guarantees for the installation of, those improvements which are necessary to protect adjacent property and the public interest in the event that development of the site was not completed.
b.
Proof of payment of any outstanding real estate taxes.
c.
Ocean County Planning Board approval, if not previously granted.
d.
Bureau of Fire Prevention approval, if not previously granted.
e.
Berkeley Sewerage Authority, MUA and/or Board of Health, if not previously granted.
f.
Submission of additional prints of the site plan and attachments for distribution, if required.
g.
Payment of required reproduction fee.
h.
Filing of an appropriate instrument with the Ocean County Clerk consolidating the lots constituting the site, if required.
i.
Publication of a notice of the decision by the applicant.
j.
Any other conditions imposed by the Planning Board pursuant to the resolution of memorialization or which may be required by Federal, State or local law.
k.
When improvements are required in public rights-of-way, evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, indemnifying and saving harmless the Township and its agencies, employees and agents from any liability for any acts of the developer or his agents, contractors or employees in the implementing of the approved site plan. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner or developer to carry on the construction of the site without having current valid evidence of insurance on file.
§ 35-33.4 Certification.
[Ord. No. 94-29 § 118-10.6F]
In the event that the application for development for a minor site plan is approved, a certification to that effect in this form:
Approved as a minor site plan by the Berkeley Township Planning Board on ________. | |
Attest: | |
Chairman | |
Secretary | Date |
Engineer | Date |
shall be endorsed on the site plan, and the original reproducible thereof shall be provided to the Planning Board by the applicant. The original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Board Engineer that all conditions of approval have been satisfied.
§ 35-33.5 Effect of Approval.
[Ord. No. 94-29 § 118-10.6G]
The approval of a minor site plan shall expire two years after the date of approval.
§ 35-34.1 Submission Optional.
[Ord. No. 94-29 § 118-10.7A]
Applicants are encouraged to submit a sketch plat of a major subdivision or major site plan during the early design stages containing that information necessary to form a basis for discussion of alternatives for development. A detailed review of a sketch plat will minimize the necessity of major revisions in the more detailed preliminary plat submission. Application fees paid at the sketch plat submission stage will be deducted from the required application fees at the preliminary plat stage if submittal of the preliminary plat is made within one year from the date of sketch plat approval.
§ 35-34.2 Required Documents.
[Ord. No. 94-29 § 118-10.7B]
Prior to issuance of a certificate of completeness or scheduling of a sketch plat of a major subdivision or site plan for public hearing before the Planning Board, the Board Engineer shall determine that the following have been submitted in proper form:
§ 35-34.3 Plat Requirements.
[Ord. No. 94-29 § 118-10.7C]
a.
General Requirements. In the case of a subdivision, the sketch plat shall be based on a land survey, a deed plotting, the current Tax Map or other suitable base map and shall be drawn at a scale not less than 100 feet to the inch for subdivisions up to 100 acres in size and not less than 200 feet to the inch for subdivisions over 100 acres in size and shall show or be accompanied by the information specified below.
In the case of a site plan, the site plan shall be based on a land survey, a deed plotting, the current Tax Map or other suitable base map and shall be drawn at a scale not less than one inch equals 50 feet nor greater than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet.
b.
Title Block. The title block shall appear on all sheets and shall include:
1.
Title of "Sketch Plat - Major subdivision or major site plan."
2.
Name of the project, if any.
3.
Tax Map sheet, block and lot number(s) of the tract to be subdivided or the lots in question as shown on the latest Township Tax Map.
4.
Date of original and all revisions.
5.
Names and addresses of owner and applicant as designated.
6.
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. The plat should bear the embossed seal of the engineer and/or land surveyor.
c.
Detailed Information.
1.
A key map at a scale of not less than one inch equals 2,000 feet adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 200 feet of the subdivision or site plan.
2.
A schedule should be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks and dimensions.
3.
Zone boundaries, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided or developed, including properties across the street, as shown by the most recent records of the Township, or of adjoining municipalities.
4.
Existing mapped information relative to streets, watercourses, floodplains, floodways and flood hazard areas within the proposed subdivision and within 200 feet of the boundaries thereof, existing public easements and Township borders within 200 feet of the subdivision.
5.
All existing structures, an indication of those which are to be destroyed or removed.
6.
Existing mapped information relative to boundaries, nature and extent of wooded areas and the location of any other significant physical features, including swamps, bogs and ponds, within the proposed subdivision and within 200 feet thereof.
7.
The layout of the proposed subdivision or site plan drawn in compliance with the provisions of this chapter.
8.
All existing public easements or rights-of-way and the purposes thereof, and proposed streets within the proposed subdivision or lot(s). The proposed streets shall show the right-of-way width(s).
9.
The direction of surface flow and the system of drainage of the site and of any larger tract of which it is a part.
10.
North arrow.
11.
Written and graphic scales.
12.
The proposed method of sanitary sewer disposal and potable water supply.
13.
Existing five foot (or less) interval contours based on United States Coast and Geodetic Survey data (MSL=0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question.
d.
A schedule shall be placed on the site plan indicating:
1.
The acreage of the tract and site (the portion of the tract involved in the site plan).
2.
The nonresidential floor area or the number and type of housing units for residential purposes.
3.
The proposed use or uses.
4.
The zone district in which the site is located.
5.
Typical lot dimensions and front, rear and side setbacks.
6.
Location of off-street parking spaces.
7.
Square footage and percentage of the site retained in open space.
§ 35-34.4 Conditions of Approval.
[Ord. No. 94-29 § 118-10.7D]
Any approval of an application for a sketch plat of a major subdivision or site plan granted by the Planning Board shall be subject to the following conditions being satisfied prior to signing of the plat:
§ 35-34.5 Certification.
[Ord. No. 94-29 § 118-10.7E]
In the event that the application for development for a sketch plat of a major subdivision or site plan is approved, a certification to that effect in this form:
Approved with regard to general planning and design concepts as a sketch plat of a major subdivision or site plan by the Berkeley Township Planning Board on ________. | |
Attest: | |
Chairman | |
Secretary | Date |
Engineer | Date |
shall be endorsed on the sketch plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. The original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Board Engineer that all conditions of approval have been satisfied.
§ 35-35.1 Required Documents.
[Ord. No. 94-29 § 118-10.8A; Ord. No. 01-21-OAB § 11]
Prior to issuance of a certificate of completeness or scheduling of a preliminary plat of a major subdivision for public hearing before the Board, the Board Engineer shall determine that the following have been submitted in proper form:
a.
The signature and seal of the professional land surveyor and professional engineer licensed to practice in the State of New Jersey.
b.
A schedule of zone requirements for each lot proposed to be created by the subdivision or the building envelope for each lot with required setbacks denoted.
d.
Application for preliminary Berkeley Sewerage Authority, MUA, Board of Health or other jurisdictional utility authority approval.
e.
Application for Bureau of Fire Prevention approval.
f.
Application for tree removal permit, where required.
g.
Submission to the Traffic Safety Officer, where required.
h.
Other submittals which may be required by other Federal, State or local law.
i.
The application for development for a preliminary plat of a major subdivision shall include a request for the granting of any variances required or other approvals required from the Planning Board.
j.
Required application fees and fee calculations.
k.
Required Preliminary Plat Major Subdivision Checklist and all information required therein.
l.
Proof of payment of real estate taxes for the current quarter.
m.
Required number of plans and application forms.
§ 35-35.2 Plat Requirements.
[Ord. No. 94-29 § 118-10.8B]
a.
General Requirements. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of the professional engineer. The preliminary plat shall be based on a land survey conducted not more than five years prior to the date of application and certified (signed and sealed by a licensed land surveyor) to the subdivider and shall be drawn at a scale of not less than 100 feet to the inch, with a maximum size of 30 inches by 42 inches and shall show or be accompanied by the information specified below.
b.
Title Block. The title block shall appear on all sheets and shall include:
1.
The title of "Preliminary Plat - Major Subdivision."
2.
Name of subdivision, if any.
3.
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
4.
Date of original and all revisions.
5.
Names and addresses of owner and subdivider, so designated.
6.
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. The plat shall bear the embossed seal of the engineer and land surveyor.
c.
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 1,000 feet of the subdivision.
d.
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and the dimensions and percentage of recreation acreage provided.
e.
Zone boundaries and the names of all owners, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Township of the municipality of which the property is a part.
f.
The preliminary plat shall be based on a certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question. The date of the survey and the name of the person making the same shall be shown on the map.
g.
Contours.
1.
Existing one-foot interval contours based on United States Coast and Geodetic Survey data (MSL=0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a two-foot interval may be used, and if the slopes exceed 10%, a five-foot interval is permissible. The source of elevation datum base shall be noted.
2.
90% of elevations interpolated from contour lines will be within 1/2 the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest 0.1 foot and accurate to within 0.3 foot.
3.
90% of all planimetric features shown on the map will be within 1/40 inch of their true position, and no planimetric features will be out of true position more than 1/20 inch at map scale when referenced to the nearest field-established station. A statement of compliance and/or a complete statement concerning any areas of noncompliance with this requirement shall be placed on the plat.
h.
All existing streets, watercourses, floodplains, floodways and flood areas within the proposed subdivision and within 200 feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street, existing public easements and Township borders within 200 feet of the subdivision.
i.
All existing structures, an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain.
j.
The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs, ponds and wetlands within the proposed subdivision and within 200 feet thereof.
k.
The layout of the proposed subdivision drawn in compliance with the provisions of the chapter.
l.
All existing and proposed public easements or rights-of-way and the purposes thereof, and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.
m.
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
n.
The acreage of the drainage area of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.
o.
All proposed lot lines and the areas of all lots in square feet.
p.
North arrow and basis therefor and written and graphic scales.
q.
Preliminary utility layouts showing methods of connection and sources of service.
r.
The proposed location and area, in acres or square feet, of all proposed common open space areas.
s.
The plat shall show, on the property to be subdivided and within 200 feet of that property, all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.
t.
Preliminary on-site grading and drainage plan.
1.
The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one foot intervals, except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Data shall be United States Coast and Geodetic Survey data (MSL=0), and the source of data shall be noted.
2.
The plan shall outline the approximate area contributing to each inlet.
3.
All proposed drainage shall be shown with preliminary pipe types and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and all watercourses shall be shown.
4.
The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in this chapter.
u.
Preliminary Off-Site Drainage Plan. The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards:
1.
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
2.
Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.
3.
To the extent that information is available and may be obtained from the County or municipal engineer(s), any existing plans for drainage improvements shall be shown.
4.
In the event that a temporary drainage system is proposed, tentative plans of that system shall be shown.
v.
Preliminary center-line profiles showing all proposed drainage; all existing and proposed finished roadway grades; channel section details, pipe sizes, type and inverts; road crowns and slopes; and all other proposed drainage structures and connections shall be shown.
w.
Boring Logs. Unless the Planning Board Engineer shall determine that fewer boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements.
1.
Borings shall be spaced evenly throughout the tract.
2.
One boring not less than 15 feet below the proposed grade or 20 feet minimum depth shall be made for every five acres of developable land, or portion thereof, of land within a tract where the water table is found to be 10 feet or more below the proposed or existing grade at all boring locations.
3.
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below the proposed grade.
4.
In addition to the above, in those areas where the water table is found to be five feet or less below the existing or proposed grade, two additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one boring will be located on each lot within the building setback lines.
5.
Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest 0.1 foot.
6.
Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.
7.
Notwithstanding the above provisions, the applicant's engineer may submit an alternative soil boring program report and shall so certify that the static water table, seasonal high water and soil stratification is uniform throughout each soil type so delineated on the tract or site.
x.
The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Planning Board.
y.
Sectionalization and Staging Plans. The preliminary sectionalization and staging plan showing the following:
1.
If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Planning Board.
2.
The sectionalization and staging plan shall identify for each lot or group of lots in the subdivision those improvements that will be completed prior to application for certificates of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the subdivision and adjoining properties.
z.
If the Board Engineer, Planning Board or Environmental Commission determines that specimen trees located on the site may have an effect on the proper layout of the development, it may be required that the location, caliper and type be shown on the plat for the following:
1.
Living deciduous trees having a trunk of six inch diameter or more at breast height.
2.
All living coniferous trees having a trunk of six inch or more diameter at breast height.
3.
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter of breast height.
4.
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
aa.
The location of proposed depressed pedestrian ramps and other facilities for the handicapped.
bb.
It is recognized that in certain instances, the uniqueness of a particular proposal may require the waiver of some of the information required herein. The Planning Board may consider and for cause shown may waive strict conformance with such of these plat map details and other engineering documents as it sees fit. Any developer desiring such action should present with his application for development a listing of all such waivers desired, together with the reasons therefor. It shall also be indicated on the plat map that this plan, as some plat map details and engineering documents are not so indicated on the plat map, will not be used for construction purposes.
§ 35-35.3 Conditions of Approval.
[Ord. No. 94-29 § 118-10.8C]
Any approval of an application for development for a preliminary plat of a major subdivision by the Planning Board shall be subject to the following conditions being satisfied prior to the signing of the plat.
a.
Submission of additional prints of the plat and attachments for distribution, if required.
b.
Preliminary Ocean County Planning Board approval, if not previously granted.
c.
Preliminary Berkeley Sewerage Authority, MUA and/or Board of Health approval, if not previously granted.
d.
Bureau of Fire Prevention approval, if not previously granted.
e.
Publication of a notice of decision by the applicant.
f.
Any other conditions imposed by the Planning Board pursuant to the resolution of memorialization or which may be required by Federal, State or local law.
g.
The Planning Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions to the final plat submission.
§ 35-35.4 Certification.
[Ord. No. 94-29 § 118-10.8D]
In the event that the application for development for a preliminary plat of a major subdivision is approved, a certificate to that effect in this form:
Approved as a preliminary plat of a major subdivision by the Berkeley Township Planning Board on ________. | |
Attest: | |
Chairman | |
Secretary | Date |
Engineer | Date |
shall be endorsed as the preliminary plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. The original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Board Engineer that all conditions of approval have been satisfied.
§ 35-35.5 Applicant's Rights Upon Approval.
[Ord. No. 94-29 § 118-10.8E]
Approval of a preliminary plat shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49.
§ 35-35.6 Rights to Install Improvements.
[Ord. No. 94-29 § 118-10.8F]
Approval of a preliminary plat shall convey the rights under N.J.S.A. 40:55D-38c to install improvements which shall be completed either prior to the granting of final approval; or, after final approval, provided that an appropriate performance guarantee has been posted in accordance with N.J.S.A. 40:55D-53. Should the developer choose to install improvements prior to the granting of final approval of the plat, the following requirements shall be met:
§ 35-36.1 Required Documents.
[Ord. No. 94-29 § 118-10.9A; Ord. No. 01-21-OAB § 12]
Prior to issuance of a certificate of completeness or scheduling of a preliminary plat of a major site plan for public hearing before the Planning Board, the Board Engineer shall determine that the following has been submitted in proper form:
a.
The signature and seal of the professional land surveyor and professional engineer licensed to practice in the State of New Jersey.
b.
A schedule of zone requirements for each site proposed to be developed or the building envelop for each structure with required setbacks denoted.
d.
Application for preliminary Berkeley Sewerage Authority, Municipal Utilities Authority, Board of Health or other jurisdictional utility authority approval.
e.
Application for Bureau of Fire Prevention approval.
f.
Application for tree removal permit, where required.
g.
Submission to the Traffic Safety Officer, where required.
h.
The application for development for a preliminary plat of a major site plan shall include a request for the granting of any variances required or other approvals required from the Planning Board.
i.
Required application fees.
j.
Required Preliminary Plat Major Site Plan Checklist and all information required therein.
k.
Proof of payment of real estate taxes.
l.
Required number of plans and application forms.
§ 35-36.2 Plat Requirements.
[Ord. No. 94-29 § 118-10.9B; Ord. No. 01-21-OAB § 13]
a.
General Requirements.
1.
Any preliminary plat of a major site plan presented to the Planning Board for its approval shall be signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey; provided, however, that sanitary sewer, water distribution and storm drainage plans and water and sewage treatment plans may only be signed and sealed by a professional engineer.
2.
Site plans shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet. The site plan shall be based on a monumented, current certified boundary survey. The date of the survey and the name of the person making same shall be shown on the map. If 12 months or more has passed since the site of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date.
b.
Title Block. The title block shall appear on all sheets and shall include:
1.
Title of "Preliminary Plat - Major Site Plan."
2.
Name of the development, if any.
3.
Tax Map sheet, block and lot number of the site, as shown on the latest Township Tax Map.
4.
Date of original and all revisions.
5.
Names and addresses of owner and developer, so designated.
6.
Name(s), signature(s), address(es) and license number(s) of engineer, architect, land surveyor or planner who prepared the plan and their embossed seal.
7.
If the site plan contains more than one sheet, each sheet shall be numbered and titled.
c.
A schedule shall be placed on the site plan indicating:
1.
The acreage of the tract and site (the portion of the tract involved in the site plan).
2.
The nonresidential floor area of the existing and proposed buildings, listed separately.
3.
The proposed use or uses and the floor area devoted to each use.
4.
The zone in which the site is located and area map showing zoning boundaries within 1,000 feet of tract.
5.
Proposed and required lot dimensions and front, rear, and side setbacks.
6.
Proposed and required off-street parking spaces.
7.
Square footage and percentage of the site retained in open space.
d.
North arrow and written and graphic scales.
e.
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined. In cases where all or a portion of a site is located in an unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
f.
Paving and right-of-way widths of existing roads within 200 feet of the site.
g.
The boundary, nature and extent of wooded areas, swamps, bogs, ponds and wetlands areas within the site and within 150 feet thereof.
h.
Existing and proposed manholes, sewer lines, fire hydrants, waterlines, utility poles and all other topographical features of a physical or engineering nature within the site and within 200 feet thereof.
i.
All existing structures on the site and within 200 feet thereof, including their use, indicating those to be destroyed or removed and those to remain.
j.
Location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all existing and proposed on-site buildings.
k.
Existing and proposed public easements or rights-of-way and the purposes thereof.
l.
A grading plan showing existing and proposed grading contours at one foot intervals throughout the tract and extending a minimum of 100 feet beyond the tract boundary, except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Data shall be United States Coast and Geodetic Survey Data (MSL=0) and source of data shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading.
m.
On-Site Drainage Plan.
1.
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.
2.
The plan shall outline each area contributing to each inlet.
3.
All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
4.
The drainage plan shall be accompanied by complete drainage calculations made in accordance with the standards set forth in this chapter.
n.
Off-Site Drainage Plan. The plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
1.
The plan shall consist of an outline of the entire drainage basin in which the site is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
2.
The pertinent off-site existing drainage shall be shown with elevations of inverts and grade to the nearest 0.1 foot.
3.
To the extent that information is available and may be obtained from the County or municipal engineer(s), any existing plans for drainage improvements shall be shown.
4.
In the event that a temporary drainage system is proposed, full plans of that system shall be shown.
5.
The off-site drainage plans shall be accomplished by profiles of all proposed drainage, showing existing details, pipe sizes, types, inverts, crowns and slopes; all proposed structures and connections; and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding 100 feet shall be shown for all open channels.
p.
Boring Logs. Unless the Board Engineer shall determine that fewer boring logs are required, or that some or all of the boring logs may be deferred to the final plat stage, the site plan shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
1.
Borings shall be spaced evenly throughout the site.
2.
One boring not less than 15 feet below grade or 20 feet minimum depth shall be made for every five acres, or portion therefor, of land where the water table is found to be 10 feet or more below proposed or existing grade at all boring locations.
3.
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below proposed or existing grade.
4.
In addition to the above, in those areas where the water table is found to be five feet or less below existing or proposed grade, two additional borings per acre, or portion thereof, will be required if construction of basements is contemplated. Borings shall be located where such basements are proposed.
5.
Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest 0.1 foot.
6.
Notwithstanding the above provisions, the applicant's engineer may submit an alternative soil boring program report and shall so certify that the static water table, seasonal high water and soil stratification is uniform throughout each soil type so delineated on the tract or site.
q.
Zone boundaries and the Tax Map sheet, lot and block numbers and names of owners of all properties within 200 feet of the site.
r.
A key map at a scale of not less than one inch equals 2,000 feet adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 200 feet of the site plan.
s.
The location, area, dimensions and proposed disposition of any area or areas of the site proposed to be retained as common open space, indicating the facilities to be provided in such areas.
t.
The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls. The location and treatment of existing and proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelizaton, acceleration and deceleration lanes, additional width and any other device necessary for traffic safety and/or convenience and the estimated average number of passenger vehicles, single unit trucks or buses and semitrailers that will enter the site each day.
u.
Graphic depiction of the anticipated routes and details of the system of on-site vehicular and pedestrian circulation. If the developer desires to have the appropriate provisions of Title 39 of the New Jersey Statutes governing motor vehicle operation made applicable to the site, thereby allowing municipal police regulation of traffic control devices, he shall submit a formal request and a detailed plan meeting the requirements of the New Jersey Department of Transportation. The Township Engineer will advise the developer regarding the details of such a plan.
v.
The location and size of proposed loading docks.
w.
Location of curbs and sidewalks.
x.
Cross section(s) showing the composition of pavement areas, curbs and sidewalks.
y.
Exterior lighting plan, including the location and drawn details of all outdoor lighting standards and fixtures and a notation on the plat indicating conformance or nonconformance with the minimum design standards of the Township Land Development Ordinance.
z.
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized. For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 35-157d of this chapter.
aa.
Location of signs and drawn details showing the size, nature of construction, height and content of all signs.
bb.
Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
cc.
Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.
dd.
Location of handicapped facilities, including parking spaces and ramps, where applicable.
ee.
If the Board Engineer, Planning Board or Environmental Commission determines that specimen trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:
1.
Living deciduous trees having a trunk size of six inches diameter or more at breast height.
2.
All living coniferous trees having a trunk of six inches or more diameter at breast height.
3.
All living Dogwood (Cornus florida) or American Holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height.
4.
All native Laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
However, in instances involving heavily wooded sites where the proposed tree save line is consistent or substantially consistent with the limits of clearing line the identification, location and caliper of trees to remain need not be verified as set forth in Subsections 1-4 above. |
ff.
Sectionalization and Staging Plan. Developers of large uses, such as shopping centers, multifamily dwellings, industrial parks or other such uses proposed to be developed in stages, may submit a sectionalization and staging plan showing the following:
1.
The anticipated date for commencing construction of each section or stage. The staging of development on the site shall be such that if development of the site were discontinued after the completion of any stage, the developed portion of the site would comply in all respects to the requirements of this chapter and be provided with adequate drainage and utility systems.
2.
Those improvements that will be completed in each stage prior to application for certificate of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the site and adjoining properties.
gg.
Written description of the proposed operations in sufficient detail to indicate the effects of the use of producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description shall also include the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance and specifics of site ingress and egress.
hh.
It is recognized that in certain instances, the uniqueness of a particular proposal may require the waiver of some of the information required herein. The Planning Board may consider and for cause shown may waive strict conformance with such of these plan map details and other engineering documents as it sees fit. Any developer desiring such action should present with his application for development a listing of all such waivers desired, together with the reasons therefor. It shall also be indicated on the plat map that this plan, as some plat map details and engineering documents are not so indicated on the plat map, will not be used for construction purposes.
§ 35-36.3 Conditions of Approval.
[Ord. No. 94-29 § 118-10.9C]
Any approval of an application for development for a preliminary plat of a major site plan by the Planning Board shall be subject to the following conditions being satisfied prior to the signing of the plat:
a.
Submission of additional prints of the plat and attachments for distribution, if required.
b.
Preliminary Ocean County Planning Board approval, if not previously granted.
c.
Preliminary Berkeley Sewerage Authority, Municipal Utilities Authority and/or Board of Health approval, if not previously granted.
d.
Bureau of Fire Prevention approval, if not previously granted.
e.
Publication of a notice of the decisions by the applicant.
f.
Any other conditions imposed by the Planning Board pursuant to the resolution of memorialization or which may be required by Federal, State or local law.
g.
The Planning Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions to the final plat submission.
§ 35-36.4 Certification.
[Ord. No. 94-29 § 118-10.9D]
In the event that the application for development for a preliminary plat of a major site plan is approved, a certification to that effect in this form:
Approved as a preliminary plat of a major subdivision plan by Berkeley Township Planning Board on ________. | |
Attest: | |
Chairman | |
Secretary | Date |
Engineer | Date |
shall be endorsed on the preliminary plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. The original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Board Engineer that all conditions of approval have been satisfied.
§ 35-36.5 Applicant's Rights Upon Approval.
[Ord. No. 94-29 § 118-10.9E]
Approval of a preliminary plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-49.
§ 35-36.6 Rights to Install Improvements.
[Ord. No. 94-29 § 118-10.9F]
Approval of a preliminary plat shall convey the rights under N.J.S.A. 40:55D-38c to install improvements which shall be completed either prior to the granting of final approval; or, after final approval, provided that an appropriate performance guarantee has been posted in accordance with N.J.S.A. 40:55D-53. Should the developer choose to install improvements prior to the granting of final approval of the plat, the following requirements shall be met:
§ 35-37.1 Required Documents.
[Ord. No. 94-29 § 118-10.10A; Ord. No. 01-21-OAB § 14]
Prior to issuance of a certificate of completeness or scheduling of a final plat of a major subdivision for public hearing before the Planning Board, the Board Engineer shall determine that the following has been submitted in proper form:
a.
The signature and seal of the professional land surveyor and professional engineer licensed to practice in the State of New Jersey.
c.
Fully executed required certifications pursuant to the "Map Filing Law" P.L. 1960, c. 141.
d.
Application for final Berkeley Sewerage Authority, Municipal Utilities Authority, Board of Health or other jurisdictional utility authority approval.
e.
Application for Bureau of Fire Prevention approval.
f.
Application for tree removal permit, where required.
g.
Submission to the Traffic Safety Officer, where required.
h.
Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
i.
A certificate of title, which may be in letter or map form, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
j.
Other submittals that may be required by the Planning Board or Federal, State or local law.
k.
Unless waived by the Planning Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of Title 39 of the New Jersey Revised Statutes be made applicable to the site in order to permit police regulation of traffic control devices.
l.
Required application fees and fee calculations.
m.
Required Final Plat Major Subdivision Checklist and all information required therein.
n.
Proof of payment of real estate taxes for the current quarter.
o.
Required number of plans and application forms.
§ 35-37.2 Plat Requirements.
[Ord. No. 94-29 § 118-10.10B]
a.
General Requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the Planning Board within three years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for plats shall apply to final plats with the addition of the specific additional requirements set forth herein.
1.
A final plat shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provision of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, and shall include or be accompanied by the information specified herein. Size: 30 inches by 42 inches, 24 inches by 36 inches, 15 inches by 21 inches and 8 1/2 inches by 13 inches.
2.
All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance, and their description shall close within a limit of error of not more than one part in 10,000.
3.
Dimensions, bearings and curve data shown for all streets and tangents, chords, arc, radius and central angle of all street corners.
4.
Watercourses, streams, shorelines, water boundaries, wetlands and encroachment lines shown with appropriate easements/conservation areas delineated, including calculated areas.
b.
Purpose of Final Plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and becomes the basis for the construction of the subdivision and inspection by the Township Engineer, other officials and Planning Board. The portion of the plat intended for filing must be recorded at the County Clerk's Office to have legal status.
c.
Title Block. The title block shall appear on all sheets and shall include:
1.
Title of "Final Plat — Major Subdivision."
2.
Development name, if any.
3.
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
4.
Date of original and all revisions.
5.
Names and addresses of owner and subdivider, so designated.
6.
The name, signature, address and license number of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of the land surveyor.
7.
Signature block for Planning Board Chairman, Secretary and Engineer.
8.
Signature block for Municipal Clerk.
d.
The final plat shall be based on a monumented, current, certified boundary survey. The date of the survey and the name of the person making the same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date. Any necessary revisions from the survey used as a base for the plat shall be specifically noted.
e.
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone requirements, the dimensions and percentage of open space provided.
f.
All design information submissions required by the provisions of the improvements and design standards portions of the chapter shall accompany the final plat.
g.
A grading plan showing existing and proposed grading contours at one foot intervals throughout the tract, except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Data shall be United States Coast and Geodetic Survey data (MSL=0), and the source of data shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of buildings and first floor basement elevations.
h.
The limits of all areas of proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.
i.
On-Site Drainage Plan.
1.
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.
2.
The plan shall outline each area contributing to each inlet.
3.
All proposed drainage shall be shown with pipe types and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow and all surface waters of all streams shall be shown.
4.
The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards as set forth herein.
j.
Off-Site Drainage Plan. The final plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
1.
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
2.
The pertinent off-site existing drainage shall be shown with elevations of inverts and grades to the nearest 0.1 foot.
3.
To the extent that information is available and may be obtained from the County or municipal engineer(s), any existing plans for drainage improvements shall be shown.
4.
In the event that a temporary drainage system is proposed, full plans of that system shall be shown.
5.
The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details, pipe sizes, types, inverts, crowns and slopes; all design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding 100 feet shall be shown for all open channels.
k.
Centerline profiles of all proposed streets showing:
l.
Where required by the Township Engineer, cross sections of proposed streets to at least 10 feet outside of any grading limit at intervals of at least every 100 feet, of all proposed streets.
m.
If required at the time of preliminary plat submission, the location, caliper and type of the following shall be required to be shown on the plat for a tree removal permit:
1.
Living deciduous trees having a trunk size of six inches diameter or more at breast height.
2.
All living coniferous trees having a trunk of six inches or more diameter at breast height.
3.
All living Dogwood (Cornus florida) or American Holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height.
4.
All native Laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
However, in instances involving heavily wooded sites where the proposed tree save line is consistent or substantially consistent with the limits of clearing line the identification, location and caliper of trees to remain need not be verified as set forth in Subsections 1-4 above. |
n.
The number, location and species of all proposed shade trees or other plantings.
o.
Detailed utility layouts, specifications and cross sections (sewers, water, etc.), showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross section shall be sufficient. Layouts shall include proposed locations of street lights and fire hydrants. If private utilities are proposed, they shall comply with all local, County and State regulations.
p.
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined. In cases where all or a portion of a subdivision is located in an unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
q.
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way; land to be reserved or dedicated to public use, all lot lines and site easement lines, with accurate dimensions and bearings and radii, tangents, chords, arcs and central angles of all curves and all front, rear and side (yard) setback lines.
r.
All monuments in accordance with Chapter 141 of the Laws of 1960 of the State of New Jersey, including all monuments found, monuments set and monuments to be set, and an indication of monumentation found and reset.
s.
Show reference meridian graphically.
t.
Certificate of engineer or land surveyor as to accuracy of the details of the plat.
u.
Lot and block numbers shown on the final plat shall conform to the Township Tax Map, or proposed revisions thereof, and shall be obtained by the applicant's engineer from the Township Assessor. Proposed house numbers shall be obtained from the Township Engineer and shall be shown encircled on the final plat, or one of the attachments thereto. The Township Engineer shall not affix his signature to the final plat unless the applicant has fully complied in this regard.
v.
Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the Township and shall be approved by the Township Engineer.
w.
The location of areas dedicated for park and recreation facilities or common open space as approved by the Board.
x.
Unless waived by the Planning Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by, or in the opinion of the Township Engineer be likely to be approved by, the New Jersey Department of Transportation. This plan shall be prepared in consultation with the Township Engineer and the Berkeley Township Police Department and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance.
y.
All plats submitted to the Planning Board for final approval shall comply with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.8 et seq.) and shall not contain more than 100 lots. Simultaneous consideration of approval of multiple final sections, each containing not more than 100 lots, may be entertained by the Board.
z.
Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.
§ 35-37.3 Conditions of Approval.
[Ord. No. 94-29 § 118-10.10C]
Any approval of any application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within a period of time specified by the Planning Board, prior to the signing of the plat or issuance of a building permit.
a.
Proof of payment of real estate taxes.
b.
Submission of additional prints of the plat map and attachments for distribution, if required.
c.
Publication of a notice of the decision by the applicant.
d.
Final Ocean County Planning Board approval, if not previously obtained.
e.
Final Berkeley Sewerage Authority, Municipal Utilities Authority and/or Board of Health approval, if not previously obtained.
f.
Issuance of a soil erosion permit.
g.
Bureau of Fire Prevention approval, if not previously obtained.
h.
Issuance of a tree removal permit, if not previously obtained.
i.
Granting of State wetlands permit, if required.
j.
Granting of a stream encroachment permit, if required.
k.
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey Department of Environmental Protection and Energy, where required.
l.
Granting of a Coastal Area Facility Review Act (CAFRA) permit, where required.
m.
Granting of drainage and/or access permits by the New Jersey Department of Transportation, where required.
n.
Approval of any required riparian grants or licenses.
o.
Granting of any required construction permits.
p.
Posting of required performance guarantees.
q.
Payment of required inspection fees.
r.
Ocean County Soil Conservation District approval.
s.
New Jersey Department of Transportation access, drainage, utility and/or occupancy permits.
t.
Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, indemnifying and saving harmless the Township and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
u.
Submission of an agreement from the applicant authorizing proposed roadways to be governed by State Statute Title 39, Subtitle 1.
v.
Any other conditions imposed by the Planning Board pursuant to the resolution of memorialization or which may be required by Federal, State or local law.
§ 35-37.4 Certification.
[Ord. No. 94-29 § 118-10.10D]
In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in this form:
Approved as a final plat of a major subdivision by Berkeley Township Planning Board on ________. | |
Attest: | |
Chairman | |
Secretary | Date |
Engineer | Date |
This plat must be filed in the office of the Clerk of Ocean County on or before ________________, which date is 95 days after the date upon which this plat was signed. | |
Secretary | |
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. The original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Board Engineer that all conditions of approval have been satisfied.
§ 35-37.5 Filing of Approved Plat.
[Ord. No. 94-29 § 118-10.10E]
If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the County Recording Officer a plat map drawing in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 95 days from the date upon which the plat was signed by the Planning Board Chairman and Secretary or Assistant Secretary. The applicant shall, within one week after filing the subdivision with the County Recording Officer, notify, in writing, the Township Engineer of the date of filing of the subdivision with the County Recording Officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereon the filing date, shall be obtained from the County Recording Officer by the applicant, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Planning Board for a period not to exceed 190 days for good cause shown. Further extensions may be requested and may be granted by the Board pursuant to N.J.S.A. 40:55D-54.
§ 35-37.6 Extensions of Final Approval.
[Ord. No. 94-29 § 118-10.10F]
Whenever the Planning Board grants an extension of final approval and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
§ 35-37.7 Applicant's Rights Upon Approval.
[Ord. No. 94-29 § 118-10.10G]
Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52.
§ 35-37.8 Display of Final Plat.
[Ord. No. 94-29 § 118-10.10H]
The subdivider or his agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his offices and/or salesrooms from which sales in the approved subdivision are made so that prospective purchasers may have the opportunity to learn the special conditions, if any, under which approval was given.
§ 35-38.1 Required Documents.
[Ord. No. 94-29 § 118-10.11A; Ord. No. 01-21-OAB § 15]
Prior to issuance of a certificate of completeness or scheduling of a final plat of a major site plan for public hearing before the Planning Board, the Board Engineer shall determine that the following has been submitted in proper form:
a.
Proof of payment of real estate taxes.
b.
Application for final Ocean County Planning Board approval.
c.
Application for final Berkeley Sewerage Authority, Municipal Utilities Authority, Board of Health or other jurisdictional utility authority approval.
d.
Application for soil erosion permits.
e.
Application for Bureau of Fire Prevention approval.
f.
Application for a tree removal permit, where required.
g.
Submission to the Traffic Safety Officer, where required.
h.
Application for State wetlands approval, where required.
i.
Application for a flood plain encroachment permit, where required.
j.
Application for a stream encroachment permit, where required.
k.
Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
l.
Other submittals that may be required by the Planning Board or Federal, State or local law.
m.
Required application fees.
n.
Required Final Plat Major Site Plan Checklist and all information required therein.
o.
Required number of plans and application forms.
§ 35-38.2 Plat Requirements.
[Ord. No. 94-29 § 118-10.11B]
The final plat shall include all data required for the preliminary plat of the major site plan and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final Plat-Major Site Plan."
§ 35-38.3 Conditions of Approval.
[Ord. No. 94-29 § 118-10.11C]
Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the Planning Board, prior to signing of the plat or issuance of a building permit.
a.
Proof of payment of real estate taxes for current quarter.
b.
Submission of additional prints of the plat map and attachments for distribution, if required.
c.
Publication of a notice of the decision by the applicant.
d.
Final Ocean County Planning Board approval, if not previously obtained.
e.
Final Berkeley Sewerage Authority, Municipal Utilities Authority and/or Board of Health approvals, if not previously obtained.
f.
Issuance of soil erosion permit, if not previously obtained.
g.
Bureau of Fire Prevention approval, if not previously obtained.
h.
Issuance of tree removal permit, if required and not previously obtained.
i.
Granting of State wetlands permit, if required.
j.
Granting of a stream encroachment permit, if required.
k.
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection and Energy, where required.
l.
Granting of a Coastal Area Facility Review Act permit, where required.
m.
Granting of drainage and/or access permits by the New Jersey Department of Transportation, where required.
n.
Approval of any required riparian grants or licenses.
o.
Granting of any required construction permits.
p.
Posting of required performance guarantees.
q.
Payment of required inspection fees.
r.
Evidence of a comprehensive general liability insurance policy in an amount of not less than $300,000 per occurrence, indemnifying and saving harmless the Township and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved site plan. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
s.
Any other conditions imposed by the Planning Board pursuant to the resolution of memorialization or which may be required by Federal, State or local Law.
§ 35-38.4 Certification.
[Ord. No. 94-29 § 118-10.11D]
In the event that the application for development for final plat of a major site plan is approved, a certification to that effect in this form:
Approved as a final plat of a major site plan by Berkeley Township Planning Board on ________. | |
Attest: | |
Chairman | |
Secretary | Date |
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. The original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Board Engineer that all conditions of approval have been satisfied.
§ 35-38.5 Applicant's Rights Upon Approval.
[Ord. No. 94-29 § 118-10.11E]
Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52.
§ 35-39.1 Wetlands Letter of Interpretation Required.
[Ord. No. 02-44-OAB § 1]
All applications for development east of the Garden State Parkway, in the Township of Berkeley, including development of an individual lot, shall be subject to the following restrictions:
a.
Wetland Delineation. A wetlands letter of interpretation (LOI) from the New Jersey Department of Environmental Protection (NJDEP) shall be submitted as part of the application for any major subdivision or major site plan application. A minor subdivision application or a building permit application for an individual lot shall not be required to submit an LOI; however, an on-site wetland delineation shall be prepared by a qualified consultant. If wetlands are present that could be affected by the proposed improvements, a NJDEP approved LOI shall be submitted with the minor subdivision application or building permit application. If no wetlands are observed, a note to that effect shall be shown on the plans.
1.
Documentation. All wetland and transition areas required pursuant to N.J.A.C. 7:7A-1 et seq. (New Jersey Freshwater Wetlands Protection Act Rules) or any successor statutes or regulations shall be clearly shown on all plats or site plans submitted for approval.
2.
All final plats, final site plans or individual lot building plans shall include the wetland line(s) identification number as assigned by NJDEP, pursuant to the Freshwater Wetlands Protection Act.
b.
Wetland Protection Standards. To prevent adverse impacts on delineated wetlands, the following guidelines shall be employed:
1.
A snow fence shall be installed along the limit of disturbance outside of the final wetland transition area boundary line prior to the commencement of on-site construction, so as to prevent encroachment into these regulated areas.
2.
A silt fence and/or hay bales should be installed downstream from disturbance areas adjacent to the State-mandated wetland transition area line (or buffer) so as to prevent the transport of silt into the wetland areas. The applicant shall avoid encroachment into State-regulated wetland and transition areas. All existing on-site vegetation within or adjacent to the wetland areas shall be preserved.
3.
Prior to signing of the final plat or site plan, the applicant shall provide evidence of the filing of any deed restriction required by NJDEP to permit transition area modifications.
c.
Conservation Easement. Whenever an LOI or wetlands delineation is required under Subsection a above, all wetlands and transition areas shall be protected by a conservation easement running to the Township. Such conservation easement shall, at the request of the owner of such a property, be amended to conform to any subsequent modification of the included transition areas, provided that such modification is first approved by the New Jersey Department of Environmental Protection. Modifications may include, but are not limited to, transition area averaging plans. An owner may request such modification by submitting an amendatory deed to the Township Engineer for review and approval. The owner shall be responsible to reimburse the Township for the cost of having any in-house or outside professional or technical personnel review the proposed amendatory deed.