Chatham Township City Zoning Code
ARTICLE VI
Subdivision and Site Plan Review
§ 30-60.1 General.
[Ord. No. 2-79 § 601.1; Ord. No. 9-79 § 26; Ord. No. 8-86 § 14; Ord. No. 98-022 §§ 1, 2; Ord. No. 99-001 § 1]
Subdivision approval shall be applied for and granted prior to the subdivision or resubdivision of land.
Site Plan approval shall be applied for and granted prior to the undertaking of any development relating to any lot consideration as specified in Subsections 30-62.4, 30-62.5 and 30-64.2 of this chapter; including, but not limited to fences, walls, parking areas, driveway access, landscaping, solid waste removal, grading, lighting, drainage work, and sidewalks. Notwithstanding the foregoing requirements, site plan approval is not required for one- or two-family dwellings except as provided in § 30-97 for properties in critical areas.
The Planning Board, upon recommendation of the Subdivision Committee, may permit the submission of a combined preliminary and final site plan when, due to unusual conditions relating to the nature of the development, separate preliminary and final site plans would not be necessary to meet the purposes of this chapter. Permission to submit a combined preliminary and final site plan shall not exempt the applicant from filing the required application forms or payment of the required fees for each application.
The Planning Board may, upon receipt of a written request, waive formal site plan review procedures for routine cases involving the first tenant in a building having received site plan approval for the proposed use, a change in tenancy where the nature of the use remains unchanged, and where the Board determines that the proposed development is a permitted use in the zone and does not involve substantial site development considerations. In addition, the zoning officer may waive site plan review procedures when a proposed development involves only interior building changes that neither affect the building facade nor increase parking, drainage, or sewage requirements. If formal site plan review procedures are waived, the Planning Board may reduce the development application fee to an amount sufficient to cover its administrative and professional service expenses in connection with the application, but in no event to be less than $25.
§ 30-60.2 Concept Plan for Development.
[Ord. No. 2-79 § 601.2]
Prior to the filing of a formal application for development, an applicant may request, and the Planning Board shall grant, an informal review of a concept plan of the intended development. Said concept plan shall be in sufficient detail to clearly show the intended scope and design of the proposed development. The informal review shall not be binding on either the Planning Board or the applicant. However, this step is recommended, particularly for major subdivisions and site plans in order to help ensure later compliance with ordinance requirements and Planning Board satisfaction with basic elements of the plan.
The Planning Board shall determine when an informal review of a concept plan has been completed, and thereafter the applicant shall file a preliminary subdivision or site plan application before further consideration by the Planning Board.
§ 30-60.3 Board of Adjustment Review.
[Ord. No. 2-79 § 601.3]
In the event that the subdivision or site plan application requires action by the Board of Adjustment as provided in this chapter, said application shall be submitted to and processed by said Board which shall act in the same manner as the Planning Board as provided in this article and as further provided in § 30-61.
§ 30-60.4 Time of Filing.
[Ord. No. 2-79 § 601.4; Ord. No. 26-90 § 2]
A complete application for development shall be filed with the Board Manager of the Planning Board at least two weeks prior to the meeting of the Planning Board at which consideration of the application is desired. The Board Manager of the Planning Board shall record on the application the amount and date of receipt of fee and forward such fee to the Township Clerk.
§ 30-60.5 Application Content.
[Ord. No. 2-79 § 601.5; Ord. No. 9-85 § 1; Ord. No. 26-90 §§ 2, 4; Ord. No. 98-019 § 2; amended 5-13-2021 by Ord. No. 2021-12; 9-13-2022 by Ord. No. 2022-10]
Applications shall be made on forms available from the Board Manager. Up to 15 hard copies of the application (at the discretion of the land use boards) and one copy in electronic format accompanied by the required filing fee as specified in § 30-17 shall be submitted.
a.
A deed conveying to the Township any drainage easement, sanitary sewer easement or utility easement which is required to be provided under the terms and conditions of tentative or preliminary subdivision approval and which lies outside of the boundaries of the subdivision tract;
b.
The performance and maintenance guarantees and accompanying agreements required by Subsection 30-61.4; and
c.
A wetlands letter of interpretation (LOI) from the New Jersey Department of Environmental Protection (NJDEP) shall be submitted as part of the application of any major subdivision or site plan application. A minor subdivision or minor site plan application shall not be required to submit an LOI. However, an on-site wetlands delineation shall be prepared by a qualified consultant. If wetlands are present that could be impacted by the proposed improvements, a NJDEP approved LOI shall be submitted with the minor subdivision or minor site plan application. If no wetlands are observed, a note to that effect shall be shown on the plans.
1.
Documentation. All wetlands and transition areas required pursuant to N.J.A.C. 7:7A-1 et seq. (NJ 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 wetlands line(s) identification number assigned by NJDEP (as applicable), pursuant to the NJ Freshwater Wetlands Act.
An application for final site plan approval involving any public improvements shall also be accompanied by the foregoing material and documents where pertinent to the application.
§ 30-60.6 County Planning Board.
[Ord. No. 2-79 § 601.6; Ord. No. 26-90 § 5]
Each subdivision and each site plan application requiring review by the County Planning Board shall be accompanied by two additional prints which shall be forwarded by the Board Manager to the County Planning Board.
§ 30-60.7 Sewerage Facilities.
[Ord. No. 2-79 § 601.7; Ord. No. 9-79 § 27]
In the event that any lot in any proposed subdivision or any lot shown upon any site plan application will not be served by municipal sanitary sewerage facilities, then subdivision approval or site plan approval, as the case may be, shall not be granted until the Township Board of Health has approved the plans for sewage disposal from each proposed lot that will not be served by municipal sanitary sewerage facilities or the plans for sewage disposal from the proposed development, as the case may be.
§ 30-60.8 Water Supply Facilities.
[Ord. No. 2-79 § 601.7A; Ord. No. 9-79 § 28]
In the event that any lot in any proposed subdivision or any lot shown upon any site plan application will not be served by a public water supply system, then subdivision approval or site plan approval, as the case may be, shall not be granted until the Township Board of Health has approved the plans for the water supply system for each proposed lot or for the proposed development, as the case may be.
§ 30-60.9 Incomplete Application.
[Ord. No. 2-79 § 601.8; Ord. No. 20-84 § 17]
If the application for development is found to be incomplete pursuant to § 30-11 of this chapter, the developer shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted as of the date of the end of such forty-five-day period as provided in Subsection 30-11.3.
§ 30-61.1 General.
[Ord. No. 2-79 § 602.1; Ord. No. 10-85 § 3; Ord. No. 26-90 § 2; Ord. No. 97-041 § 1]
Upon receipt of an application, the Board Manager of the Planning Board shall forward same to the Subdivision Committee and, in addition, shall send a copy for report and recommendation to each of the following:
Township Engineer,
Township Board of Health in the event that any lot in the subdivision is proposed to be served by an individual sewage disposal system,
County Planning Board when review by that agency is required by law,
Environmental Commission,
Tree Protection Committee, and
Such other Federal, State, County and municipal officials and agencies as directed by the Subdivision Committee.
a.
The Subdivision Committee shall review the application along with reports required from any officials or agencies and shall report its actions, findings and recommendations to the Planning Board.
b.
An application shall be granted or denied within the times of submission of a complete application prescribed below, or within such further time as may be consented to by the applicant.
Type of Application | Period of Time for Action By Planning Board |
|---|---|
Minor Subdivision | 45 days |
Preliminary Subdivision -10 lots or less | 45 days |
Preliminary Subdivision - more than 10 lots | 95 days |
Preliminary Site Plan - 10 acres of land or less; 10 dwelling units or less | 45 days |
Preliminary Site Plan - more than 10 acres of land; more than 10 dwelling units | 95 days |
Final Subdivision | 45 days |
Final Site Plan | 45 days |
Applications as provided in Subsection 30-28.4 | 95 days |
Master development plan for multi-family housing development | 95 days |
Failure of the Planning Board to act within the period prescribed for acting upon applications for final site plan or final major subdivision approval shall constitute final approval and a certificate of the Township Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County recording officer for purposes of filing subdivision plats.
c.
Whenever review or approval of an application by the County Planning Board is required, the Planning Board shall condition any approval that it grant upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
d.
The applicant shall be notified of the action of the Planning Board within one week of its action and furnished with a signed copy of any plan granted approval.
§ 30-61.2 Minor Subdivision.
[Ord. No. 2-79 § 602.2; Ord. No. 9-79 § 7]
A minor subdivision plat application shall be filed in accordance with § 30-60, shall contain all data and information prescribed in Subsection 30-62.1 and shall be in accordance with the design standards prescribed in Subsection 30-64.1.
a.
The Subdivision Committee may by unanimous action, grant or deny the application within the time limit prescribed in Subsection 30-61.1b. An approved plat shall be signed by the Chairman and the Board Manager of the Planning Board. No further Planning Board approval shall be necessary.
b.
If the Subdivision Committee cannot reach a unanimous decision on the approval of the minor subdivision or considers action by the entire Board to be desirable, the plat shall be considered and acted upon by the Board at its next regular meeting. If approved, the plat or plan shall be signed by the Chairman and Board Manager of the Board.
c.
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board; provided that the Board may condition such approval on terms insuring the completion of improvements pursuant to § 30-63.
d.
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law", P.L. 1960, c. 141 N.J.S. 46:23-9.9, et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County recording officer, the municipal engineer and the municipal tax assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Board Manager of the Planning Board. In reviewing the application for development for a proposed minor subdivision the Planning Board may accept a plat not in conformity with the "Map Filing Act", P.L. 1960, c. 141 N.J.S. 46:23-9.9 et seq.; provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said act.
e.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of approval; provided that the approved minor subdivision shall have been duly recorded (filed) as provided in this section.
§ 30-61.3 Preliminary Subdivision Plat and Preliminary Site Plan.
[Ord. No. 2-79 § 602.3; Ord. No. 9-79 § 8]
Application for approval of a preliminary subdivision plat or a preliminary site plan shall be filed in accordance with § 30-60, shall contain all information prescribed in Subsection 30-62.2 or Subsection 30-62.4, as the case may be, and shall be in accordance with the design standards prescribed in Subsection 30-64.1 or Subsection 30-64.2, as the case may be.
a.
Following report from the Subdivision Committee, if the Planning Board finds that the application is complete and in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application, following the procedures in § 30-12. Before scheduling a public hearing, the Planning Board may require revision or supplementation of the preliminary plat, accompanying plans and the environmental impact statement. The Planning Board may select among alternative proposals in the environmental impact statement and may establish conditions considered necessary to eliminate or minimize any temporary or permanent adverse on-site or off-site environmental effects of the proposed development.
b.
Whenever after public hearing the Planning Board shall grant preliminary approval, the Board shall adopt a resolution with respect thereto, enumerating the plat and plans thereby approved and establishing the terms and conditions of approval.
A copy of the resolution shall be attached to the preliminary plat or plan, which shall be signed by the Chairman and Board Manager of the Board. A copy of the approved preliminary plat or plan with annexed resolution shall be returned to the applicant.
c.
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter, grant preliminary approval.
d.
Preliminary approval shall, except as provided in Subsection 4 of this Subsection d confer upon the applicant the following rights for a three-year period of time from the date of the preliminary approval:
1.
That the general terms and conditions on which preliminary approval was granted shall not be changed including, but not limited to, use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to Subsection 30-63.3; except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
2.
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and
3.
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
4.
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections 1, 2, and 3 above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
§ 30-61.4 Installation of Improvements; Developer's Agreement and Guarantees; Township Design Standards and Specifications.
[Ord. No. 2-79 § 602.4; Ord. No. 9-79 §§ 29 - 32; Ord. No. 1-80 § 25; Ord. No. 19-82 §§ 1 - 2; Ord. No. 19-82 § 2; Ord. No. 94-10 §§ 5, 6; Ord. No. 99-044 § 1; Ord. No. 2018-18 §§ 1 - 3]
a.
Installation of Improvements or Guarantee Prior to Grant of Final Subdivision Approval. Prior to the filing of an application for final subdivision approval, the applicant shall have installed the improvements required under Subsection 30-63.1 under the supervision and inspection of the Township Engineer unless the applicant has furnished to the Township a performance guarantee in an amount approved by the Planning Board to assure the installation on or before a date approved by the Board of all improvements required for the whole or any section of the subdivision tract which are not already inspected and approved by the Township Engineer.
b.
Installation of Improvements or Guarantee Prior to Grant of Final Site Plan Approval. Prior to the filing of an application for final site plan approval, the applicant shall have installed any on-tract or on-site improvements required under Subsection 30-63.2 under the supervision and approval of the Township Engineer unless the applicant has furnished the Township with a performance guarantee in an amount approved by the Planning Board to assure installation on or before a date approved by the Planning Board; provided, however, the Planning Board may waive this requirement with respect to any improvements in which the public does not have sufficient interest to warrant such a guarantee in order to insure completion as a condition for issuance of a construction permit.
c.
Performance Guarantee. The performance guarantee shall be in favor of the Township in an amount equal to 120% of the estimate cost of such improvements as determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The performance guarantee may also be required to include, at the discretion of the Township, Planning Board or Zoning Board of Adjustment, a guarantee for the installation of privately-owned perimeter buffer landscaping. At the developer's option, a separate performance guarantee may be posted for the privately-owned perimeter buffer landscaping. 10% of the performance guarantee shall be in the form of cash or a certified check made payable to "Township of Chatham" and shall be accompanied by a cash deposit agreement and performance guarantee in a form satisfactory to the Township Attorney.
Each performance guarantee, or part thereof, paid in cash, shall be held in escrow by the Township in an account separate from the general funds of the Township and separate from any other such account. The account shall be in a banking institution or savings and loan association in this State insured by an agency of the Federal government, or in any other fund or depository approved for such deposits by the State, in an amount bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township Treasurer shall notify the developer in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit.
All interest earned on any account shall be retained in the account until paid over as provided in Subsection 30-17.10.
In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a performance guarantee to another governmental agency, no performance guarantee shall be required by the municipality or such utilities or improvements, provided, however, that the municipality may require evidence that the developer has paid to any such other governmental agency or public utility any charges which are required for installation, including any refundable deposits.
All interest earned on any account shall be retained in the account until paid over as provided herein and in accordance with Subsection 30-17.10.
[Ord. No. 2018-18 § 1]
d.
Guaranteed Completion Date. The performance guarantee shall run for a term not to exceed two years from the date of final approval. With the consent of the principal and any surety, the time allowed for the completion of improvements may be extended by the governing body by resolution. The Planning Board shall have a thirty-day period in which to comment upon any proposed extension. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation of the remaining improvements as determined as of the time of the passage of the resolution.
e.
Reduction in Performance Guarantee. The amount of a performance guarantee may be reduced in accordance with the provisions of N.J.S. 40:55D-53.
f.
Agreement. Subsequent to final approval, but prior to the issuance of any construction permit, start of site clearing, land disturbance or construction, there shall be executed an agreement between the developer and the Township incorporating all of the terms and conditions of approval imposed by the Planning Board in a form as set forth in "Appendix C."[1]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
g.
Requirement for As-Built Plans. Prior to the acceptance by the Township of any improvements installed for any subdivision or site plan the developer shall furnish to the Township Engineer as-built plans for the following drawn on translucent tracing cloth or its equivalent on sheets not larger than 24 inches by 36 inches:
1.
Roads (plans and profiles).
2.
Surface and storm water drainage (plans and profiles) for facilities in roads and easements.
3.
Sanitary sewers including individual lot connections and cleanouts (plans and profiles) for facilities in roads and easements.
4.
Water mains, gas mains and underground electric, telephone and community antenna television (C.A.T.V.) conduits (plans and profiles) for facilities in roads and easements.
All of the foregoing improvements and utilities may be shown on the same location plans with appropriate legends.
h.
Improvements Required for Certificate of Occupancy. No certificate of use and occupancy shall be issued for any building on any lot in a major subdivision until the construction and installation of the following improvements required for such lot have been completed, inspected and approved by the Township Engineer:
1.
Street Improvement. A curbed street having a consolidated and firm subgrade with a base and intermediate course meeting Township road specifications shall have been constructed and installed along the entire frontage of the lot and between the lot and a street which has previously been accepted by the Township for maintenance or between the lot and a County road. The height of manholes and valve boxes at the time of completion of the intermediate course shall be determined by the Township Engineer.
2.
Drainage Facilities. All storm and surface water drainage facilities required for the drainage of the lot or the street serving the lot shall have been constructed and installed.
3.
Sanitary Sewerage Facilities. All sanitary sewerage facilities required to serve the lot shall have been constructed and installed.
4.
Other Utilities. All other utilities required to serve the lot shall have been constructed and installed.
5.
Sidewalks. If any sidewalk is required to be installed along the frontage of the lot, then the sidewalk area along the entire frontage of the lot shall have been cleared and graded in preparation for the installation of the sidewalk.
Whenever final approval is obtained for a section of a subdivision, then all of the improvements for that section shall be completed in all respects and inspected and approved by the Township Engineer before any certificate of use and occupancy shall be issued for any building on any lot in any succeeding section of the subdivision.
i.
Maintenance Guarantee. The agreement shall provide for a maintenance guarantee to be posted with the governing body for a period of two years after final acceptance of improvements in an amount not to exceed 15% of the total cost of the improvements. In the event that other governmental agencies or public utilities will automatically own the utilities installed or the improvements are covered by a maintenance guarantee to another governmental agency, no maintenance guarantee shall be required by the municipality bond shall be expressly conditioned on the repair, correction of defects, replacement or restoration of the improvement or any part thereof whenever defects appear during the period of the obligation for maintenance, regardless of whether the defects arise from faulty materials, poor workmanship or from natural causes. Maintenance shall also include the plowing of snow on streets or portions of streets not yet accepted by the Township for maintenance in order that vehicular access is at all times provided to lots for which certificates of use and occupancy have been issued.
Each maintenance guarantee, or part thereof, paid in cash, certified or cashier's check shall be held in escrow by the Township in an account separate from the general funds of the Township and separate from any other such account. The account shall be in a banking institution or savings and loan association in this State issued by an agency of the Federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township Treasurer shall notify the developer in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit.
j.
Township Design Standards and Specifications. All improvements required by subdivision or site plan approval shall be designed, constructed and installed in accordance with Township design standards and specifications which are applicable thereto. Such standards and specifications are contained in "Township of Chatham Standard Construction Details, January 10, 1982," copies of which are on file in the office of the Township Clerk in the Township Hall and in the office of the Township Engineer at 405 Southern Boulevard.
k.
Safety and Stabilization Guarantee.
1.
In addition to a performance guarantee required pursuant to Subsection 30-61.4(c), a developer may be required to furnish to the Township a separate guarantee, referred to herein as a "safety and stabilization guarantee", in favor of the Township, to be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
(a)
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure, and
(b)
Work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee. The amount of the safety and stabilization guarantee shall be calculated as set forth in N.J.S.A. 40:55D-53. At the developer's option, the safety and stabilization guarantee may be included as a line item for safety and stabilization in the performance guarantee rather than in the form of a separate guarantee.
2.
The amount of a "safety and stabilization guarantee" for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:
$5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
3.
The Township Committee shall release a separate "safety and stabilization guarantee" to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this paragraph.
4.
The Township Committee shall release a "safety and stabilization guarantee" upon the Township Engineer's determination that the development of the site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
[Ord. No. 2018-18 § 2]
l.
Temporary Certificate of Occupancy Guarantee. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee" in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection 30-61.4c, which relate to the development, unit, lot, building or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township Engineer. The temporary certificate of occupancy guarantee shall be released by the Township Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building or phase as to which the temporary certificate of occupancy relates.
[Ord. No. 2018-18 § 3]
§ 30-61.5 Final Plat and Final Site Plan.
[Ord. No. 2-79 § 602.5; Ord. No. 9-79 § 33; Ord. No. 26-90 § 2]
a.
Filing. Application for approval of a final plat or a final site plan shall be filed in accordance with § 30-60 and shall contain all the information prescribed in Subsection 30-62.3 or Subsection 30-62.5, as the case may be. Said application shall be filed within the period prescribed in Subsection 30-61.3d and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.
b.
Following report from the Subdivision Committee, if the Planning Board finds that the application is in substantial compliance with the provisions of this chapter, it shall proceed with final approval under Subsection 30-51d.
c.
If the applicant proposes any substantial amendment in the layout of improvements as shown on the preliminary plat or plan previously granted preliminary approval, an amended application shall be submitted and proceeded upon as in the case of the original application for preliminary approval.
d.
Final Approval and the Effect of Final Approval. In the event the Planning Board determines that the final plat or site plan complies with all the provisions of this chapter, the conditions of preliminary approval and all other applicable governmental requirements, it shall grant final approval. The effect of the grant of any final approval shall be as follows:
1.
The zoning requirements applicable to the preliminary approval previously granted and all other rights conferred upon the developer pursuant to Subsection 30-61.3d., whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection 30-61.5e. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision has duly recorded the plat as required in Subsection 30-61.5e., the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this article, the granting of final approval terminates the period of preliminary approval pursuant to Subsection 30-61.3d for the section granted final approval.
2.
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection 1 of this Subsection 30-61.5d for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
e.
Recording of Final Plat. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Board Manager of the Planning Board or a certificate has been issued by the Township Clerk pursuant to Subsection 30-61.1b of this chapter. The signatures of the Chairman and Board Manager of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to Subsection 30-61.4. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void.
f.
Filing and Return of Prints. After final approval, one translucent tracing and one cloth print shall be filed with the Township Clerk. The original tracing and one cloth print shall be returned to the developer.
g.
No construction permit shall be issued until final subdivision approval by the Planning Board of the final plat and said plat has been properly filed with the County Clerk within the time or extended time required by Subsection 30-61.5e. Proof of filing shall be submitted to the Board Manager of the Planning Board. The Construction Official shall not issue a construction permit until he has been notified by the Board Manager of the Planning Board that proof of filing has been received.
h.
A construction permit for any building or structure which is the subject of site plan review shall not be issued until final site plan approval is granted and all improvements completed or guarantees to insure completion have been posted in accordance with Subsection 30-61.4b of this chapter.
i.
No certificate of occupancy in connection with a site plan shall be issued until all improvements required as a part of final site plan approval by the Planning Board have been satisfactorily completed. The Township Engineer shall submit to the Planning Board and to the Construction Official or appropriate sub-code official(s) a written report with respect to the installation of improvements relating to off-street parking, landscaping, storm water disposal, sanitary sewage disposal and outdoor lighting when such improvements have been installed in accordance with the plans therefor. The Construction Official or appropriate subcode official(s) shall submit a written report to the Planning Board when all other improvements have been installed in accordance with the plans therefor. No certificate of occupancy shall be issued for a period of 10 days after the Planning Board has received the foregoing reports. In the event that the Chairman or Board Manager of the Planning Board shall within such period of 10 days notify the Construction Official that any improvement has in the opinion of the Board not been installed in accordance with the development plan, the Construction Official shall not issue a certificate of occupancy until the Planning Board authorizes its issuance.
In the event that site plan approval was granted by the Zoning Board of Adjustment, then the Zoning Board of Adjustment shall exercise the powers and duties that would otherwise be exercised by the Planning Board under this provision.
§ 30-61.6 Optional Staged Preliminary Development Plan.
[Ord. No. 2-79 § 602.6; Ord. No. 10-85 § 4; Ord. No. 26-90 § 6]
In order to provide flexibility in the review of large, multi-family housing developments of at least 50 acres in size, an applicant may, at his option, seek preliminary approval in sections or stages, provided that he first seeks and receives approval of a Master Development Plan of the entire tract. The procedure for filing, review and approval of a master development plan shall be the same as procedures prescribed for a preliminary site plan, including the submission of Checklists A and B as required by Subsection 30-11.2 for all preliminary site plan applications.[1] Those items of data and information set forth in Checklist B which are not required by Subsection 30-62.6 for a Master Development Plan shall be marked "Not Applicable" or "N.A." by the applicant. Approval of a master development plan of such a development shall confer upon the applicant the rights described below for the period of time determined by the Planning Board in accordance with Subsection 30-61.5d2.
a.
That the plan shall not be changed with reference to the total number of dwelling units within the development and the distribution of dwelling units by type, i.e. townhouse and manor house, within each residential area.
b.
That the location and specifications for proposed roads shall not be changed except as justified by sound engineering practices as approved by the Township Engineer.
c.
The application for preliminary approval of the entire development or of a section or stage of the development may be submitted for review and approval in accordance with Subsection 30-61.3. An application for preliminary approval of the first section or stage may be filed concurrently with the Master Development Plan, provided that the plan for the section or stage shall not be approved until the Master Development Plan has been approved.
[1]
Editor's Note: Checklist A and B are included as attachments to this chapter.
§ 30-61.7 Master Site Development Plan (MSDP) Applicable to the PCD Planned Commercial Development District.
[Ord. No. 99-007 § 3]
a.
Prior to approval of a subdivision to create a new lot or lots and prior to approval of a site plan for development of an individual lot in the PCD District, the developer shall submit to and the Planning Board shall have approved a Master Site Development Plan (MSDP) of the entire undeveloped portion of the PCD District unless said portion is to be developed as a single lot. Any subdivision and/or site plan filed subsequent to approval of the MSDP shall be consistent with the MSDP unless an amended MSDP shall have first been submitted to and approved by the Planning Board. The procedure for filing, review and approval of a MSDP shall be the same procedures prescribed for preliminary subdivision and preliminary site plan in Subsections 30-61.3 and 30-61.5. Approval of a MSDP shall confer upon the developer the rights and conditions described below for the period of time determined in accordance with Subsection 30-61.3d for preliminary subdivision and site plan approval:
1.
That the plan shall not be changed with reference to the number and arrangement of lots, the amount of floor space and the building and impervious coverage.
2.
That the plan shall not be changed in any substantial manner in terms of the location and design of vehicular access and off-street parking facilities.
3.
That the plan will not be altered in a manner which will require any significant change in the proposed stormwater management facilities practices intended to satisfy Township regulations pertaining to stormwater runoff quantity and quality.
b.
An application for MSDP approval shall, in general, be drawn in accordance with and contain all information applicable to preliminary subdivisions and site plans in accordance with Subsections 30-62.2, 30-62.4 and 30-62.5 and with the Checklists A and B. It is recognized, however, that the MSDP, by its very nature, must, to some degree, be conceptual. Therefore, the degree of detail needed will not be as great as a conventional plan. Nevertheless, the plan shall contain sufficient information and detail to allow the Planning Board to make an informed decision as to compliance with this and other applicable ordinances with the reasonable expectation that the entire tract, when totally developed, will accomplish sound and realistic planning objectives. In order that the MSDP contains the necessary information and degree of detail necessary for the Planning Board to make a decision, a preapplication meeting with the Planning Board Engineer and a technical review coordinating committee of the Board is recommended for purposes of establishing an understanding as to the content of the application.
§ 30-62.1 Minor Subdivision Plat.
[Ord. No. 2-79 § 603.1; Ord. No. 9-79 § 9; Ord. No. 9-79 § 10]
a.
Minor Subdivision. A minor subdivision plat shall be based on tax map information or some other similarly accurate base at a scale (preferably not less than one inch equals 100 feet) to enable the entire tract to be shown on one sheet 24 inches by 36 inches. Minor subdivision plats shall be designed and drawn by a land surveyor licensed by the State of New Jersey. The plat shall be designed in compliance with the provisions of Subsection 30-64.1, shall be dated and shall show or include the following information:
1.
A key map showing the entire tract and its relation to surrounding areas.
2.
The location of that portion which is to be subdivided in relation to the entire tract.
3.
All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.
4.
The name of the owner of record of the tract to be subdivided and the name of the subdivider if other than the owner.
5.
The tax map sheet, block and lot number of the tract to be subdivided.
6.
All properties within 200 feet of any part of the tract to be subdivided and the tax map sheet, block and lot numbers and owners thereof as disclosed by the most recent municipal tax records.
7.
All streets and roads and streams within 500 feet of the subdivision.
8.
Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid through the most recent installment date.
9.
Data relating to environmental considerations as follows:
(a)
A topographic map showing the following ranges of slope:
0% to 15%
15% to 25%
25% and over
(b)
All flood hazard areas, wetlands, wooded areas and areas of recharge soils.
(c)
Rock outcrops and approximate depths to bedrock.
(d)
The seasonal high water table in ranges of depth based on field measurement as follows:
0' to 1/2'
1/2' to 2'
2' to 6'
6' and greater
(e)
Types and species of vegetation.
§ 30-62.2 Preliminary Plat of a Major Subdivision.
[Ord. No. 2-79 § 603.2]
The preliminary plat shall be marked "Preliminary Plat" and shall be clearly and legibly drawn or reproduced at a scale not less than one inch equals 100 feet on sheets 24 inches by 36 inches. Preliminary plats shall be designed and drawn by a professional engineer licensed by the State of New Jersey. The plat shall be designed in compliance with the provisions of Subsection 30-64.1 of this chapter, shall be dated and shall show or be accompanied by the following information:
a.
A key map showing the entire subdivision and its relation to the surrounding areas.
c.
All properties within 200 feet of any part of the tract to be subdivided and the tax map sheet, block and lot numbers and owners thereof as disclosed by the most recent municipal tax records.
d.
The acreage of the tract to be subdivided to the nearest tenth of an acre.
e.
The proposed lot layout as well as the lot area and minimum building setback for each proposed lot.
f.
Contours at five foot intervals for slopes averaging 15% or greater and at two foot intervals for land of lesser slope.
g.
The location of existing and proposed property lines, streets, buildings, streams, watercourses, bridges, culverts and drain pipes.
h.
Existing and proposed easements and the widths and purposes of each.
i.
Profiles of all streets designed in accordance with the current Road Specifications of the Township.
j.
Plans, profiles and construction details of all surface and storm water drainage facilities, showing feasible connections to existing or proposed systems.
k.
Plans, profiles and construction details of all sanitary sewerage facilities, showing feasible connections to existing or proposed systems.
l.
Plans showing the location of water mains, fire hydrants, gas mains and electric, telephone and C.A.T.V. services.
m.
A copy of any protective covenants or deed restrictions applying to the land being subdivided.
n.
In the event that a preliminary plat or any accompanying plan or profile is revised, a revision date shall be entered upon the particular sheet with a notation opposite the revision date indicating the nature of the revision made.
o.
Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid through the most recent installment date.
q.
Surface and storm water drainage calculations and data and information relating to storm water management as follows:
1.
The size and the limits of watershed(s) and the location of the site within the watershed(s) as shown on the Surface Drainage Maps.
2.
Location, description and quantification of significant natural and man-made features on and surrounding the site, including topography, all impervious surfaces, soil and drainage characteristics, with particular attention to the location and description of presently existing surface water runoff control devices, mechanisms or areas, flood hazard areas, wetlands, swales, woods and vegetation, recharge soils and other features relating to storm water management control.
3.
The location and size of the nearest culvert or bridge downstream of discharge from the site.
4.
Location, description and quantification of proposed changes to the site whether of a permanent or temporary nature with particular attention to impervious surfaces and interception of presently dispersed flow which may impact upon the capacity of the soil, vegetative cover and drainageways to absorb, retard, contain or control storm water runoff.
5.
Computation of the total surface water runoff before, during and after any land disturbance and/or construction of impervious surfaces. Computations shall cover the one-, five-, ten-, twenty-five-, fifty-, seventy-five-, and 100-year storm frequencies using the Soil Conservation Method or the Rational Method depending on which is more appropriate in the particular instance.
6.
Proposed measures for storm water management using Bumps.
7.
A schedule of the sequence of implementation of the storm water management plan, related to the starting and completion dates of the project and the seasons of the year.
8.
Proposed maintenance schedule for all storm water management structures, stipulating current maintenance, continued maintenance and responsibility therefor.
r.
Proposed final grades for the subdivision or any portion or portions thereof.
s.
Engineering details of any proposed improvement.
t.
A soil erosion and sediment control plan as required by the Soil Erosion, Sediment Control and Flood Prevention Ordinance.
u.
Data relating to environmental considerations as follows:
1.
A topographic map showing the following ranges of slope:
0% to 15%
15% to 25%
25% and over
2.
All flood hazard areas, wetlands, wooded areas and areas of recharge soils.
3.
Rock outcrops and approximate depths to bedrock.
4.
The seasonal high water table in ranges of depth based on field measurement as follows:
0' to 1/2'
1/2' to 2'
2' to 6'
6' and greater
5.
Type and species of vegetation.
v.
Location and results of test borings and percolation tests.
§ 30-62.3 Final Plat of a Major Subdivision.
[Ord. No. 20-79 § 603.3; Ord. No. 9-79 § 11]
The final plat shall be marked "Final Plat" and shall be drawn in ink on translucent tracing or its equivalent, shall be on a sheet 24 inches by 36 inches and shall meet each and every requirement of the Map Filing Law (1960), Chapter 141 of the Laws of 1960, N.J.S. 46:23-9.9, et seq.
The final plat shall be dated and shall show the following:
a.
Name and location of the subdivision, name and address of the owner of record, name and address of subdivider if other than the owner, graphic scale, and reference meridian.
b.
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines with accurate dimensions, lot areas, bearings or deflection angles, and radii, arcs, and central angles of all curves.
c.
Each block shall be numbered, and the lots within each block shall be numbered in accordance with the chronological scheme employed by the Township tax map. This information shall be obtained from the Township Engineer.
d.
The purpose of any easement or land reserved or dedicated to the public use and the proposed use of any sites for other than residential purposes.
e.
Minimum building setback line on all lots and other sites.
f.
Location and description of all monuments.
g.
Names of owners of adjoining lands.
h.
Certification by a licensed surveyor as to accuracy of details of plat.
i.
Certification that the subdivider is the owner or contract-purchaser of the land.
j.
Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid through the most recent installment date.
§ 30-62.4 Preliminary Site Plan.
[Ord. No. 2-79 § 603.4; Ord. No. 9-79 §§ 12-13; Ord. No. 24-81§ 6; Ord. No. 2003-018 § 2]
A preliminary site plan shall be drawn by a professional engineer licensed by the State of New Jersey in accordance with the design standards prescribed in Subsection 30-64.2 and shall be at a scale determined by the size of the property as follows:
Size of Property | Scale |
|---|---|
Less than 2 acres | Not less than 1 inch = 30 feet |
2 to 5 acres | Not less than 1 inch = 50 feet |
5 acres or more | Not less than 1 inch = 100 feet |
Said site plan shall include such details as may be necessary to properly evaluate the application and determine compliance with this chapter and, where applicable to the proposed use or construction, the following information shall be clearly shown:
a.
Date, name, location of site, name of owner, graphic scale and reference meridian.
b.
Area of the lot and all lot line dimensions.
c.
Location of all existing and proposed buildings with building setback, side line and rear yard distances.
d.
Location of off-street parking areas with dimensions showing proposed parking and loading spaces, with dimensions, width of proposed access drives and aisles and traffic circulation.
e.
Data relating to environmental considerations as follows:
1.
A topographic map showing the following ranges of slope:
0% to 15%
15% to 25%
25% and over
2.
All flood hazard areas, wetlands, wooded areas and areas of recharge soils.
3.
Rock outcrops and approximate depths to bedrock.
4.
The seasonal high water table in ranges of depth based on field measurement as follows:
0 feet to 1/2 foot
1/2 foot to 2 feet
2 feet to 6 feet
6 feet and greater
5.
Types and species of vegetation.
f.
Elevations at the corners of all proposed buildings and paved areas and at property corners if new buildings or paved areas are proposed.
g.
Tentative building floor plans and front, rear and side building elevations, showing building materials, drawn by an architect or professional engineer licensed by the State of New Jersey. The plans shall be at a scale of not less than 1/8 inch equals one foot.
h.
Specification for and location of proposed surface paving and curbing.
i.
Location of all structures within 200 feet of the property.
j.
Surface and storm water drainage calculations and data and information relating to storm water management as follows:
1.
The size and the limits of watershed(s) and the location of the site within the watershed(s) as shown on the Surface Drainage Maps.
2.
Location, description and quantification of significant natural and man-made features on and surrounding the site, including topography, all impervious surfaces, soil and drainage characteristics with particular attention to the location and description of presently existing surface water runoff control devices, mechanisms or areas, flood hazard areas, wetlands, swales, woods and vegetation, recharge soils and other, features relative to storm water management and control.
3.
The location and size of the nearest culvert or bridge downstream of discharge from the site.
4.
Location, description and quantification of proposed changes to the site whether of a permanent or temporary nature with particular attention to impervious surfaces and interception of presently dispersed flow which may impact upon the capacity of the soil, vegetative cover and drainage ways to absorb, retard, contain or control storm water runoff.
5.
Computation of the total surface water runoff before, during and after any land disturbance and/or construction of impervious surfaces. Computations shall cover the one-, five-, ten-, twenty-five-, fifty-, seventy-five- and 100-year storm frequencies using the Soil Conservation Method or the Rational Method depending on which is more appropriate in the particular instance.
6.
Proposed measures for storm water management using Bumps.
7.
A schedule of the sequence of implementation of the storm water management plan, related to the starting and completion dates of the project and the seasons of the year.
8.
Proposed maintenance schedule for all storm water management structures, stipulating current maintenance, continued maintenance and responsibility therefor.
k.
Proposed storm drainage facilities, water mains, sanitary sewer lines, water wells, waste disposal systems and other such proposed construction on the lot, as well as existing facilities of this nature when pertinent to any proposed use or construction.
l.
All fences, walls, sidewalks or similar features to be provided.
m.
A generalized plan for proposed landscaping showing the basic treatment of unpaved areas and all outdoor lighting.
n.
The present status and contemplated use of all existing buildings on the property.
o.
Location and Description of Proposed Signs and Outdoor Lighting. For outdoor lighting, the information submitted shall include the following:
1.
The location of all proposed outdoor lighting fixtures, including isolux patterns or grid, demonstrating that the minimum required levels of illumination are met, and that light pollution and "light trespass" on adjacent properties (including public lands) has been avoided.
2.
The wattage, lumens, light source (mercury vapor, low/high pressure sodium, metal halide, etc.) and mounting height of the proposed luminaire(s), including angle of cutoff.
3.
A copy of the manufacturer's detail diagram of the light fixture, indicating its appearance and design, as well as the cutoff angle and any shielding for the fixture along with a detail diagram of any pole upon which the fixture will be mounted, including the pole material, and any base upon which the pole is proposed to be mounted.
4.
Designation of those fixtures, by symbols, labels or other means, that are proposed to remain illuminated for security purposes when the facility is not in operation.
5.
Discussion in the Environmental Impact Statement, submitted on behalf of the application, describing the philosophy of the proposed outdoor lighting; identification of potential adverse impacts, and steps to be taken to mitigate potential adverse impacts.
p.
A soil erosion and sediment control plan as required by the Soil Erosion, Sediment Control and Flood Prevention Ordinance.
r.
A physical constraints map showing location of soil types based upon the Morris County Soil Survey.
s.
Location and results of test borings and percolation tests.
t.
Certification by a professional engineer licensed by the State of New Jersey as to accuracy of details of the site plan.
u.
Certification that the applicant is the owner or contract purchaser of the land.
v.
Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid through the most recent installment date.
The Planning Board may require any additional information which is reasonably necessary to ascertain compliance with the provisions of this chapter.
If it can be demonstrated that because of peculiar conditions relating to the property or proposed construction, any of the above details are not necessary to properly evaluate the site plan, the Subdivision Committee may modify or waive any of the specific site plan details.
In reviewing the site plan, the Planning Board shall consider its conformity to the Master Plan and the other Codes and Ordinances of the Township. Traffic flow, circulation and parking shall be reviewed to ensure the safety of the public and of the users of the facility and to ensure that there is no unreasonable interference with traffic on surrounding streets. Drainage, conservation features, aesthetics, landscaping, and impact on surrounding development as well as on the entire Township shall be a part of the Planning Board review. In its review, the Planning Board may request recommendation from traffic, conservation, recreation or other local County, State or Federal boards or agencies which may have an interest in the particular development for which site plan approval is being sought.
§ 30-62.5 Final Site Plan.
[Ord. No. 2-79 § 603.5; Ord. No. 24-81 § 7]
a.
The site plan and related drawings, including front, rear and side building elevations, which were granted preliminary approval by the Planning Board shall satisfy the application requirements for final approval of a conventional site plan unless modifications, approved by the Township Engineer, were made subsequent to preliminary approval. In such instances, revised drawings shall be submitted with the final site plan application. The final site plan shall include the following:
1.
Certification by a professional engineer licensed by the State of New Jersey as to the accuracy of details of the site plan.
2.
Certification that the applicant is the owner or contract purchaser of the land.
3.
Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid through the most recent installment date.
b.
When final approval of only a section of a site plan is being sought, a final site plan of the section showing all applicable details prescribed in Subsection 30-62.4 shall be submitted.
c.
An application for final approval of other than a conventional site plan shall generally be governed by the foregoing provisions. Depending on the nature of the development, the Planning Board may require submission of the additional drawings and information it deems reasonable and within the general purposes and intent of this chapter.
d.
These provisions shall not be construed as exempting the applicant from filing the required application forms and fees.
§ 30-62.6 Master Development Plan for Multi-Family Housing Development.
[Ord. No. 10-85 § 5]
A Master Development Plan under optional procedures for a large, multi-family housing development as provided in Subsection 30-61.6 shall consist of one or more maps drawn at a scale of not more than 50 feet to the inch, or other appropriate scale acceptable to the Township Engineer, and shall include such details as may be necessary to determine compliance with this chapter and permit the Planning Board to make an informed decision on the application. Said Master Plan shall be drawn by such New Jersey licensed professional person or persons, depending upon the nature of the information to be provided, in accordance with the latest adopted rules and regulations of the State professional boards.
a.
As a minimum, the following information shall be shown on a Master Development Plan:
1.
All maps contain the date, name and location of the site, names of the owner and applicant, graphic scale and reference meridian.
2.
Area of the tract and tract boundary line dimensions.
4.
A plan showing the location and arrangement of existing buildings and the tentative location and arrangement of proposed buildings, the approximate location of nonresidential buildings, streets, including their widths, off-street parking areas with capacities, the number and type of dwelling units by location, drawings and/or other information indicating the general appearance of proposed buildings, areas designated for nonresidential use and development and areas to be devoted to open space and common space, intended for those areas.
5.
Typical road cross sections, tentative profiles of all major roads and proposed traffic control improvements, including traffic signals, on or adjoining the site.
6.
A utility service plan or plans showing the proposed location of all primary water and sanitary sewer lines, pump stations, wells, treatment plants and other appurtenant improvements, as well as connection to electric and gas utilities. The applicant shall also submit evidence of commitment by utilities to serve the development.
7.
A generalized storm water management plan indicating the tentative methods for controlling drainage, including the approximate location of storm drains, proposed detention and retention facilities, supporting drainage calculations and any other information found necessary to make an informed decision.
8.
A staging plan indicating the tentative sections for which preliminary approval will be sought, the area of each section, the number and type of dwelling units and the amount of nonresidential floor space in each section, the infrastructure or improvements located beyond each section but which must be provided to support that section and the staging of on- and off-tract improvements.
9.
An environmental impact statement.
b.
The total number of multi-family housing units shown on a development plan which receives master development plan approval pursuant to Subsection 30-62.6 shall constitute the maximum number of units permitted to be constructed upon the lands forming a part of such development and shall have the effect of a restrictive covenant running with the title to the lands, which maximum number shall be binding upon the present property owner and all successor property owners, their heirs, successors and assigns. There shall be specified a maximum number of units for each section or stage of the multi-family development which is delineated on a Master Development Plan. This maximum number specified for a particular section or stage of the development shall constitute a restrictive covenant running with the title to the lands forming a part of each such section or stage of the development.
1.
These restrictions with respect to the maximum number of units which are permitted to be constructed upon the lands forming a part of a development receiving master development plan approval shall be appropriately documented in the Morris County Clerk's office by the recording of a development agreement between the owner receiving master development plan approval and the Township, and, where subdivision approval (as well as site plan approval) is granted, by also filing an approved final subdivision map, which agreement and map shall state in a clear and concise manner that the maximum number of units specified for this development and each section or stage thereof constitute restrictive covenants running with the title to the lands forming a part of the multi-family housing development granted master development plan approval.
2.
Final site plan approval shall not be granted to any section or stage of such a multi-family housing development until a fully executed development agreement and, where appropriate, an approved final subdivision map have been recorded and/or filed in the Morris County Clerk's office in accordance with the requirements of Subsection 30-62.6b1.
§ 30-62.7 Submission Requirements Applicable to All Plats and Plans.
[Ord. No. 2007-10 § 1]
A survey of the entire tract or property, prepared by a New Jersey licensed surveyor, showing the location of the improvements proposed or the portion to be divided therefrom, giving all distances and showing all roads abutting or traversing the property. Development boundaries shall be clearly delineated. At a minimum, two corners of the proposed plan or plat shall have horizontal coordinates and vertical values shown, based upon municipal monumentation. Municipal monumentation is based upon horizontal coordinates of the New Jersey System of Plane Coordinates (NJSPC NAD, 83) and vertical values of the North American Vertical Datum (NAVD, 88). If municipal monumentation is not available, other monumentation having values of these datums can be used. Monument identification and associated values must be noted on the plan or plat. The plan or plat shall be prepared in an electronic format having horizontal and vertical values as outlined above suitable for import of the drawing files into the Township of Chatham GIS and the Morris County GIS systems.
§ 30-63 ON-TRACT IMPROVEMENTS.
[Ord. No. 2-79 § 604]
Prior to the granting of final approval, the applicant shall have installed or furnished performance guarantees as set forth in Subsection 30-61.4 for the ultimate installation of the improvements described below. All improvements shall be subject to approval and inspection by the Township Engineer, who shall be notified by the developer at least two weeks prior to the start of construction of any improvement. No underground installation shall be covered until inspected and approved.
§ 30-63.1 On-Tract Installation for Subdivisions.
[Ord. No. 2-79 § 604.1]
a.
Streets and Curbs. The subdivider shall install streets and curbs in accordance with the current Road Specifications of the Township of Chatham. Until a street is accepted for maintenance by the Township, the subdivider shall maintain the street, including the plowing of snow, in order to provide vehicular access to every dwelling fronting upon the street for which a certificate of occupancy has been issued.
b.
Sidewalks. Whenever sidewalks or walkways are required, the subdivider shall construct them in accordance with the Sidewalk Specifications of the Township. Wherever a driveway crosses a sidewalk, all of the driveway within the road right of way, including the driveway apron, shall be paved in accordance with the requirements for driveway crossings as set forth in such Specifications.
c.
Street Signs. The subdivider shall furnish and install street signs at each street intersection, such signs to be of a design approved by the Township.
d.
Underground Electric, Gas, Telephone and C.A.T.V. Utilities. For every major subdivision the subdivider shall arrange with the serving utility for the underground installation of the utility's distribution supply lines in accordance with the provisions of the applicable Standard Terms and Conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board prior to the granting of final approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this paragraph, provided, however, that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the street involved, may be supplied with electric and telephone service from those, overhead lines or extensions thereof, but the service connections from the utility's overhead lines shall be installed underground.
e.
Surface and Storm Water Drainage. The subdivider shall provide culverts, catch basins, pipe lines and appurtenant facilities to adequately receive, transmit and dispose of surface and storm waters from the subdivision, all in accordance with Bumps for storm water management.
f.
Water Supply. Where the public water supply system is reasonably accessible, each lot within the subdivision area shall be provided with public water by the required extension of water mains and connections thereto. Where the public water supply system is not reasonably accessible, the subdivider shall be required to construct individual wells or a private water supply system in such a manner that an adequate supply of potable water will be available to every lot in the subdivision at the time improvements are erected thereon. The adequacy, healthfulness and potableness of the water supply shall be subject to the approval of the Board of Health and the Township, the State Department of Environmental Protection when required.
g.
Sanitary Sewers.
1.
Where a public sanitary sewer system is reasonably accessible and capacity available, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto, the costs thereof to be borne by the subdivider. All such installation of sewer mains and connections shall be constructed in accordance with the specifications and requirements of the Township and shall be subject to the approval of the Township Engineer.
2.
Where a public sanitary sewer system is not reasonably accessible, the subdivider may be required to install sewer lines and a sanitary sewer disposal plant at its own cost and expense and in accordance with the specifications and requirements of the Township and all such installations shall be subject to the approval of the Board of Health, the State Department of Environmental Protection, and the Township Engineer.
3.
Where a public sanitary sewer is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required, in accordance with Subsection 2 above hereof, the subdivider may be required by the Planning Board to install within the subdivision a complete sewer pipe system including provision for connection thereto at each lot provided there is reliable information to indicate that connection of the development to a public sanitary, sewerage system can be anticipated within a reasonable period of time. Under such circumstances, the subdivider shall be required to install individual sewage disposal system for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the requirements of the State Department of Environmental Protection and the Township Board of Health and all such sewer pipe system shall be constructed in accordance with the requirements of the Township and shall be subject to the approval of the Township Engineer.
h.
Shade Trees. When required by the Planning Board, the subdivider shall plant shade trees in the front yard of each residential lot in the subdivision as designated by the Planning Board. The trees shall meet the following requirements: they shall be at least two inches in caliper measured by six inches above ground level, and not less than 12 feet in height; they shall be single stem, and shall be free of branches approximately 60% of their height; the height of branching shall bear an appropriate relationship to the size and kind of tree, so that the crown will be in good balance with the trunk as the tree grows; and they shall be of a species recommended by the Morris County Agricultural Agent for the particular soils and growing conditions of the site.
i.
Top Soil Protection. Top soil shall not be removed from a subdivision. For purposes of this provision top soil shall be the existing top six inches of arable soil. Top soil from road surfaces and foundation excavations shall be scraped and stored during the course of construction and redistributed upon the completion of construction so as to provide an even cover to all yard areas opened during the course of development of any lot. Redistributed top soil shall be stabilized by seeding or planting.
j.
Monuments. The subdivider shall install monuments in accordance with the requirements of the provisions of Section 3 of The Map Filing Law (1960), Chapter 141 of the Laws of 1960, N.J.S. 46:23-9.11.
k.
Test Borings. The Planning Board may also require that test borings be performed where environmental data indicates that soil conditions may not be suitable to support any proposed construction.
§ 30-63.2 On-Tract Installations for Site Plans.
[Ord. No. 2-79 § 604.2]
Prior to the granting of final approval, the applicant shall have installed or furnished performance guarantees as set forth in Subsection 30-61.4 for the ultimate installation of any required public on-tract improvements as the same are described in Subsection 30-63.1. In addition, the Planning Board may require the installation of on-site improvements, as described in Subsection 30-63.3 below, prior to the granting of final approval and which it finds essential before the issuance of a construction permit and may require the furnishing of performance guarantees to insure completion of remaining improvements. All such improvements shall be subject to approval and inspection of the Township Engineer.
§ 30-63.3 On-Site Installations for Site Plans.
[Ord. No. 2-79 § 604.3; Ord. No. 2003-018 § 3]
a.
Pavement. All parking and loading areas, driveways and other vehicular service areas shall be paved in accordance with Township Standards.
b.
Drainage. Adequate provision shall be made for storm drainage facilities, all in accordance with Bumps for stormwater management.
c.
Marking. All parking and loading spaces shall be appropriately marked with painted lines.
d.
Lighting. Adequate lighting of all parking and loading areas shall be provided as required by the Planning Board pursuant to Subsection 30-64.2g.
e.
Screening. All off-street parking and loading areas shall be effectively screened on any side which adjoins or faces premises situated in any residential zones, by a fence or wall not less than nor more than six feet in height, maintained in good condition provided, however, that a screening or hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Planning Board. The fence as required by this section may be waived by the Planning Board if, in the Board's judgment, because of topographic or other unusual conditions, said fence is not necessary to screen adjoining residential property. The Planning Board may require construction of landscaped berms up to a height of five feet with slopes not exceeding a grade of 50%.
f.
Curbing. Parking areas and driveways shall be enclosed by granite block curbing.
g.
Sidewalks. Sidewalks shall be constructed in appropriate locations between buildings and parking areas as approved by the Planning Board.
h.
Landscaping. All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Planning Board. Shade trees shall be installed within or along any parking area containing 10,000 square feet or more in accordance with a landscaping plan to be approved by the Planning Board upon recommendation of the Shade Tree Commission. One tree shall be required for each 10,000 square feet of parking area or part thereof. Unless otherwise directed by the Planning Board, distances of 40 feet between shade trees and 20 feet between ornamental trees shall be maintained and sufficient space provided around each tree to separate it from the paved parking area. Trees within parking areas shall be located in protective curbed islands.
i.
Utilities. All uses shall be provided with adequate water supply and sanitary disposal facilities, all in accordance with applicable local and State requirements.
j.
The Planning Board may require items of construction such as retaining walls, guard rails, safety fencing, traffic barricades, or other devices necessary in the interest of public safety and convenience.
k.
The Planning Board may also require that test borings be performed where environmental data indicates that soil conditions may not be suitable to support any proposed construction.
§ 30-64.1 Subdivisions.
[Ord. No. 2-79 § 605.1; Ord. No. 9-79 § 34; Ord. No. 11-81 § 1; Ord. No. 96-20 § 1; Ord. No. 96-28 § 2; Ord. No. 97-010 § 2; Ord. No. 98-019 § 3; Ord. No. 99-007 § 4; Ord. No. 99-029 § 1; Ord. No. 2006-01 § 1]
a.
General. The applicant shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
1.
Development Pattern. The subdivision plat shall conform to design standards that will encourage orderly and harmonious development patterns within the Township.
2.
Conformance to Master Plan and Official Map. Where either or both an Official Map or Master Plan has been adopted, the subdivision shall conform to the proposals and conditions shown therein. The streets, drainage, rights-of-way, bikeways, school sites, public parks and playgrounds shown on an official adopted Master Plan or Official Map shall be considered in the approval of subdivision plats.
3.
Further Conformance. Where not shown on the Master Plan or Official Map, streets and drainage rights-of-way shall be shown on the final plat in accordance with the applicable statutes of New Jersey and shall be such as to lend themselves to the harmonious development of the Township.
b.
Streets.
1.
General. Streets shall be designed and constructed in accordance with all applicable requirements of this chapter.
2.
Arrangement. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
3.
Minor Streets. Minor streets shall be so designed as to discourage through traffic.
4.
Access. Subdivisions abutting an arterial street shall provide a service road or reverse frontage with a buffer strip or planting or some other means of separation of through and local traffic as the Planning Board may determine appropriate.
5.
Right-of-Way Width. The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet unless a greater width is shown on the Master Plan or Official Map.
6.
Pavement Width. The pavement width of public streets shall be measured from curb to curb and shall not be less than 30 feet unless a greater width is shown on the Master Plan or Official Map.
7.
Service Roads. The right-of-way and pavement width for internal roads in commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire fighting equipment.
8.
Grades. Grades of all streets in general shall conform to topography and shall not be less than 1% nor greater than 10%.
9.
Reserve Strips. No subdivision showing reserve strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Planning Board.
10.
Existing Streets. Subdivisions that adjoin or include existing streets that do not conform to the widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
11.
Intersections. Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with curve having a radius of not less than 25 feet and rounded at the property line. No more than two streets shall meet or intersect at any one point.
12.
Street Jogs. Street jogs with center line offsets of less than 125 feet shall be prohibited.
13.
Tangents. A tangent shall be introduced between reverse curves as required by the Planning Board.
14.
Street Line Deflection. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for major streets.
15.
Lines of Sight. All streets shall be designed with adequate lines of site.
16.
Changes in Grade. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
17.
Dead-End Streets (cul-de-sac). Dead-end streets (permanent cul-de-sacs) shall be permitted only when a plan for a future extension of a street is impracticable. Where a dead-end street is permitted, a fully paved and curbed turnaround shall be located at the end of the street. The turnaround shall have a paved roadway radius of 50 feet tangent whenever possible to the right-hand side of the street (incoming traffic), provided, however, that the design of the turnaround shall be compatible with lot layout, proposed final grades, driveway entrances, drainage and snow removal, and a turnaround of teardrop design having a minimum right-of-way radius of 65 feet may be required by the Planning Board whenever deemed appropriate.
All other terminations shall consist of temporary cul-de-sacs meeting the following specifications and requirements:
(a)
The street right-of-way to be dedicated by the subdivider shall be continued at its full width to the boundary of the subdivision tract;
(b)
A temporary turnaround shall be constructed at the end of the street with a paved roadway radius of 50 feet, which radius shall be measured from a point along the center line of the street right-of-way at a distance of 50 feet from the boundary of the subdivision;
(c)
The temporary turnaround shall be fully paved and shall be provided with a bituminous curb;
(d)
At the time of final subdivision approval the subdivider shall furnish to the Township an easement for so much of the turnaround as lies outside of the dedicated street right-of-way, which easement may be released by the Township in the event that the street is extended upon the development of adjacent land; and
(e)
The building setbacks for buildings on lots subject to the easement referred to in (d) above shall not be affected by such easement;
(f)
The subdivider shall be required to pay to the Township at the time of final subdivision approval an amount equal to the cost as estimated by the Township Engineer of the following work to be performed by the Township upon the future extension of a street which is terminated with a temporary cul-de-sac: removing the pavement and bituminous curb which lies outside the normal thirty-foot wide paved street, extending the curbing to the boundary of the subdivision tract, restoring the road, and topsoiling and seeding the areas beyond the curbing installed. All amounts received by the Township in accordance with the requirements of this provision shall be maintained in a separate account by the Township.
18.
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of any existing street. The continuation of an existing street shall have the same name. All street names shall be subject to the approval of the Planning Board.
19.
Sidewalks shall be installed at those locations designated in the Master Plan.
c.
Blocks.
1.
Block length and width or acreage within bounding streets shall be such as to accommodate the size of lot required in the area by the Township Land Development regulations and to provide for convenient access, circulation control and safety of street traffic.
2.
In blocks over 1,000 feet long, the Planning Board may require easements for pedestrian walkways extending from street to street at locations deemed appropriate. The easement shall be 10 feet in width. The walkways shall be located in the center of the easement and shall be paved in accordance with the Sidewalk Specifications of the Township.
3.
The distances between intersecting streets shall not be in excess of 1,200 feet. The Planning Board may, however, require shorter block lengths when deemed to be in the interest of the Township.
d.
Lots.
1.
Lot dimensions and area shall not be less than the requirements of the Township Land Development Ordinance as set forth in this chapter, provided that, in residential districts, no lot shall have a depth, measured perpendicular to the curbline, of less than 175 feet, except for lots in the R-4 Zone which shall not be less than 100 feet in depth.
2.
Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
3.
Each lot must front upon a street having a right-of-way at least 50 feet in width.
4.
Where extra width has been dedicated for widening of existing streets, lot areas shall be computed from such extra width line and all setbacks shall be measured from such line.
5.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots. The Planning Board may also require that provision be made for conservation easements in environmentally sensitive areas.
6.
All single-family residential lots within the R-1, R-1A, R-2, R-2A, R-2B-1, R-2B-2, R-3, R-5 and R-5A Zones that are created in a subdivision shall have a minimum usable lot area of 7,000 square feet in which the dwelling and other permitted structures shall be constructed.
e.
Easements and Natural Features.
1.
Easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or Township Departments concerned.
2.
Where a subdivision is traversed by a watercourse, drainage way channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.
3.
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
f.
Residential Cluster Development. Any subdivision employing the use of residential cluster development where permitted by this chapter shall adhere to the following standards:
1.
The subdivision development plan will not result in a greater dwelling unit density than if the property in question were developed without residential clustering. In order to demonstrate compliance with this provision, the applicant shall submit a qualifying plan showing a conventional subdivision in sufficient detail to demonstrate that all zoning and development standards will be satisfied.
2.
The open space area shall not be less than the aggregate of the amounts by which lot areas have been reduced from the minimum lot area requirements.
3.
Any area reserved as permanent open space shall be suitable for its intended purpose and shall be at a location and of a shape as approved by the Planning Board.
4.
The open space area shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by private covenant or deed restriction for one of the following purposes:
5.
Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owners' association or other appropriate organization pursuant to § 30-66.
6.
Nothing contained herein shall be construed to require the Planning Board to approve any subdivision employing clustering if said subdivision is in conflict with any provision of this chapter or the Township Master Plan or if said subdivision will in any way result in a land use pattern that will adversely affect that portion of the Township in which it falls.
7.
Residential clustering (where permitted by this chapter) is optional with the subdivider and the foregoing requirements apply only if such option is exercised.
g.
Lot Size Averaging. Where permitted by this chapter, the Planning Board may approve a subdivision employing the use of lot size averaging as defined in this chapter when the reduction in the size of some lots and the corresponding increase in the size of other lots will result in a more logical development pattern as a result of rock formations, steep slopes, existing vegetation or other physical conditions. The deed for any lot so created shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots except when such further subdivision would be allowed by amendment to this chapter. In order to determine the maximum number of lots that may be included in the proposed subdivision employing lot size averaging, the applicant shall submit a qualifying plan showing a conventional subdivision in sufficient detail so as to demonstrate that all zoning and development standards will be satisfied.
h.
Protection of Critical Areas. All subdivisions shall be designed so that, to the greatest extent possible, critical areas, the disturbance of which could result in flooding, erosion, sedimentation, loss of valuable vegetation, impairment of water quality or quantity, or other substantial harm to the environment or to human habitation, shall be left undisturbed. The applicant shall employ such development techniques, including Bumps, to demonstrate that development can take place without causing such adverse impacts on the environment and without detriment to the public health, safety and general welfare. Whenever wetlands are present on land which is the subject of an application for development, which wetlands could be impacted by the proposed development, the Planning Board may require that all such wetlands and transition areas surrounding such wetlands be protected by a conservation easement given by the developer to the Township.
i.
On-Site Storm Water Management. The applicant shall establish adequate measures for on-site storm water management, including Bumps, meeting the following requirements:
1.
The rate of the runoff from the site following completion of the development shall not exceed that which existed prior to development and every practicable effort shall be made to minimize any increase in volume and to maintain and/or improve the quality of runoff which existed prior to development.
2.
Maximum use shall be made of presently existing storm water runoff control devices, mechanisms or areas such as existing berms, terraces, grass waterways, favorable hydrologic soils, swamps, swales, watercourses, woodlands, flood plains, as well as any proposed retention structures.
3.
The plans shall avoid the concentration of flow and shall provide for dissipation of velocities at all concentrated discharge points.
4.
For calculating runoff and controls, the applicant may use the Soil Conservation Service Method or the Rational Method depending upon which is more appropriate in the particular instance. Computations shall cover the one-, five-, ten-, twenty-five-, fifty-, seventy-five- and 100-year storm frequencies.
5.
All outfalls are to be designed in a manner to retard velocities at the outfall and provide stream channel protection.
6.
Due consideration shall be given to the relationship of the subject property to the natural or established drainage pattern of the watershed(s) of which it is a part.
7.
The use of conservation restrictions is encouraged.
8.
Surface water runoff shall generally not be transferred from one watershed to another.
9.
All water carrying structures and/or retention areas shall be completed and stabilized prior to diversion of water to them.
10.
Innovative stormwater runoff control and recharge devices, such as rooftop storage, drywells, cisterns, roof drain infiltration trenches, are encouraged provided they are accompanied by detailed engineering plans and performance capabilities.
11.
The on-site stormwater management measures shall be coordinated with any required soil erosion and sediment control plan.
j.
Energy Conservation.
1.
General. All subdivisions shall, to the greatest degree possible, follow energy efficient design principles and maximize the use of renewable energy sources. Within the limits of practicability and feasibility, the criteria listed below shall be followed.
2.
Streets. Streets shall be so oriented as to permit the buildings to be constructed thereon to maximize solar gain. Where possible, streets shall run in an east-west direction.
3.
Lots. Lots shall also be oriented as to permit buildings to be constructed thereon to maximize solar gain. Where possible, the long access of a lot shall run in a north-south direction.
4.
Topography. The development shall take advantage of topographic features to maximize solar gain and afford protection from winter winds. Where possible, development shall be oriented to southerly slopes.
5.
Vegetation. Maximum use shall be made of natural vegetation which will afford protection from winter winds and provide shading in summer.
k.
Nonstructural Stormwater Management Best Management Practices. Notwithstanding any other provision of this chapter to the contrary, the Township hereby adopts and incorporates herein by reference the current nonstructural stormwater management strategies as the same may be amended and supplemented from time to time and as are set forth in N.J.A.C. 7:8-1 et seq. The applicant shall compare current nonstructural stormwater management practices as set forth in the aforesaid regulation to the standards set forth in this chapter. In the event of any conflict between the provisions of this paragraph and the current nonstructural stormwater management regulations, the more stringent of the provisions or regulations shall be controlling. Except as provided herein, the approving board shall only approve developments which comply with the provisions of N.J.A.C. 7:8-1 et seq. as amended to the maximum extent feasible considering the constraints of the specific development project. Any Township regulation that is less stringent than said regulations shall be superseded by the provisions of N.J.A.C. 7:8-1 et seq. as amended.
§ 30-64.2 Site Plans.
[Ord. No. 2-79 § 605.2; Ord. No. 9-79 § 14; Ord. No. 9-81 § 3; Ord. No. 11-81 § 2; Ord. No. 20-81 §§ 3, 4; Ord. No. 28-85 §§ 3 - 5; Ord. No. 26-86 § 1; Ord. No. 3-92 § 1; Ord. No. 97-007 § 2; Ord. No. 98-019 § 4; Ord. No. 99-007 § 5; Ord. No. 99-029 § 2; Ord. No. 2003-018 §§ 4, 5; Ord. No. 2006-01 § 1]
a.
In general, site plans shall follow the principles of design relating to subdivisions where applicable.
b.
The provisions of this chapter with respect to height, minimum lot areas, mandatory open spaces and the like shall be complied with.
c.
Adequate provision shall be made for off-street parking in accordance with this chapter and adequate traffic circulation, traffic safety and protection to adjoining property shall be provided.
d.
Adequate provision shall be made for the disposal of stormwater as approved by the Township Engineer.
e.
The location, design or construction of any building shall not involve risks of traffic congestion, public safety or hazard.
f.
The design or construction of any building or use shall not be so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property.
g.
Outdoor lighting in site plans shall be provided in accordance with the following:
1.
Lighting in connection with off-street parking and driveways shall be so arranged and shielded as to reflect the light downward and away from adjoining streets or properties.
2.
Fixtures.
(a)
All proposed outdoor lighting shall conform with the Illuminating Engineers Society (IES) criteria for true cutoff fixtures (90% of the fixture light output must be contained within the 0° to 60° range from vertical).
(b)
No portion of the light source or direct lamp image shall be visible beyond a distance equal to two mounting heights from the luminaire.
(c)
No portion of the light source or direct lamp image shall be visible from any adjacent property line or right-of-way line.
(d)
Light levels measured at property lines or right-of-way lines shall not exceed 0.2 foot-candles as a direct result of any proposed light fixture, except that light fixtures used to illuminate the intersection of driveways at the street are exempt from this restriction.
(e)
Fixtures mounted on the underside of overhanging building elements, such as soffits or canopies, shall be fully recessed.
(f)
Freestanding lights in parking lots shall be protected to avoid damage by vehicles and incorporated into landscaped areas. Ground covers and/or bushes shall be used to screen the base of a raised-based lighting fixture.
(g)
Shade trees shall be planted no closer than 10 feet from any freestanding fixture.
(h)
The maximum mounting height within 25 feet of a residential zone district or residential use shall be 12 feet.
3.
Standards for Nonresidential Development.
(a)
Minimum Levels of Illumination.
(1) Walkways: 1.0 footcandle.
(2) Parking areas, access drives, and private interior streets: 0.5 footcandle.
(3) Intersections: 1.0 footcandle.
(b)
Maximum Mounting Height.
(1) Walkways: 12 feet.
(2) Parking areas, access drives, and private interior streets: 18 feet.
(3) Intersections: 18 feet.
4.
Standards for Multifamily and Institutional Development.
(a)
Minimum Levels of Illumination.
(1) Walkways/bikeways: 0.2 footcandle.
(2) Parking areas, access drives, and private interior streets: 0.5 footcandle.
(3) Intersections: 1.0 footcandle.
(b)
Maximum Mounting Height.
(1) Walkways/bikeways: 12 feet.
(2) Parking areas, access drives, and private interior streets: 18 feet.
(3) Intersections: 18 feet.
5.
Hours of Operation. All lights, except those required for security, shall be extinguished within one hour after the end of business hours, and remain extinguished until one hour prior to the commencement of business hours.
h.
All parking areas shall provide for adequate ingress and egress and safe and convenient traffic circulation. Access drives and aisles shall be of sufficient width to permit safe access to parking spaces and safe traffic movement. The landscaping requirements of Subsection 30-63.3h shall be complied with.
i.
Off-street parking areas shall be used solely for the parking of passenger automobiles and no commercial repair work or service of any kind shall be conducted on the parking lot nor shall such lots be used for the parking of disabled, dismantled, inoperable or unregistered vehicles.
j.
Each parking space shall have a minimum length of 18 feet and a minimum width of nine feet measured perpendicular to the axis of the length. If approved by the Planning Board, up to 50% of the parking spaces required for an employee-type facility may be sized for small cars with a minimum length of 15 feet and a minimum width of 7.5 feet measured perpendicular to the axis of the length.
k.
All parking areas shall be designed with service aisles to meet the following standards:
Parallel Parking | 12 foot aisle width |
30° Angle Parking | 12 foot aisle width |
45° Angle Parking | 13 foot aisle width |
60° Angle Parking | 18 foot aisle width |
90° Angle Parking | 24 foot aisle width |
In addition, there shall be a minimum distance between parallel parking spaces of six feet when found necessary to provide for convenient access.
l.
Off-Street Parking and Loading Requirements. All off-street parking and loading areas, except for parking which is accessory to one- or two- family dwellings, shall, unless otherwise provided by this chapter, meet the location requirements prescribed in the following schedule.
SCHEDULE | ||||
|---|---|---|---|---|
Minimum Distances in Feet for Location of Parking and Loading Areas | ||||
Zone (A) | From Bldgs. (B) | From Streets | From Property Lines (E) | From Res. Zones (E) |
R-1 | 10 | 25 | 25 | 25 |
R-1A | 10 | 25 | 25 | 25 |
R-2 | 10 | 25 | 25 | 25 |
R-2A | 10 | 25 | 25 | 25 |
R-2B-1 | 10 | 25 | 25 | 25 |
R-2B-2 | 10 | 25 | 25 | 25 |
R-3 | 10 | 25 | 25 | 25 |
R-4 | 10 | 25 | 25 | 25 |
R-5 | 10 | 25 | 25 | 25 |
R-5A | 10 | 25 | 25 | 25 |
R-6A | 10 | 25 | 25 | 25 |
R-6B | 10 | 25 | 25 | 25 |
R-7 | 10 | 25 | 25 | 25 |
AH | 10 | 25 | 10 | 25 |
B-1 | 5(C) | 10 | 10 | 25 |
B-2 | 5(C) | 10(D) | 10 | 25 |
PI-1 | 5(C) | 10 | 10 | 25 |
PI-2 | 5(C) | 10 | 10 | 25 |
PCD | 10 | 25 | 25 | 25 |
(A) All uses except one-family dwellings |
(B) Loading areas and parking spaces adjoining garage doors excepted |
(C) 10 feet from front of building |
(D) 75 feet if lot area is 2 acres or larger in size |
(E) Areas must be buffered pursuant to Subsection 30-63.3E |
m.
Parking and Loading Space Requirements.
1.
Off-Street Parking. Except as otherwise provided in this chapter, for all new buildings or uses or additions to existing buildings or uses in all zone districts, there shall be provided the number of parking spaces required by the specific use as prescribed in the following schedule:
Uses | Required Parking Spaces | ||
|---|---|---|---|
One-family dwellings | 2 for each dwelling(A) | ||
Quadruplex and Townhouse dwellings | |||
one- and two-bedroom unit | 5 for each 2 dwelling units(B)(C) | ||
three- or more-bedroom unit | 3 for each dwelling unit(B)(C) | ||
Garden Apartments | |||
one-bedroom unit | 2 for each dwelling unit(B)(C) | ||
two- or more-bedroom unit | 5 for each 2 dwelling units(B)(C) | ||
Churches, auditoriums, including school auditoriums, theaters | 1 for each 3 seating spaces | ||
Assembly halls, community buildings, private membership clubs, institutions | 1 for each 100 square feet of floor area | ||
Nursing homes | 1 for each bed | ||
Community residences under Subsection 30-99.7 | 2 for each developmentally disabled person or victim of domestic violence | ||
Retail stores or service establishments | 1 for each 200 square feet of floor area | ||
Restaurants | 1 for each 50 square feet of floor area | ||
Banks | 1 for each 100 square feet of floor area | ||
Office Buildings | |||
Less than 50,000 square feet of floor area | 1 for each 200 square feet of floor area | ||
Office Buildings | |||
50,000 square feet or more of floor area | 3 for each 1,000 square feet of floor area | ||
Buildings for tennis, squash and the like | 2 for each person accommodated in maximum play | ||
Funeral homes | 1 for each 3 seating accommodations | ||
Executive Inn | 1 for each sleeping unit plus additional parking for other facilities available to persons other than overnight guests as follows: | ||
Restaurant-As specified elsewhere in this schedule | |||
Conference/Banquet/Ballroom Facilities - 1 for each 100 square feet of floor area | |||
Health Spa/Recreation Facilities - 1 for each 200 square feet of floor area | |||
Assisted living Residences | 2 for each 3 apartment units | ||
(A) | Includes up to 1 space per dwelling unit in a required garage or carport | |
(B) | Includes up to 1 space per dwelling unit required in an enclosed garage | |
(C) | In addition, the Planning Board may require as many as 1 parking space for each 5 dwelling units in the development to serve clubhouses, swimming pools and other accessory facilities | |
(a) | For any building or use not listed above, there shall be provided 1 parking space for each 200 square feet of floor area | |
(b) | Any building containing more than 1 use shall meet the combined parking space requirements for all uses in the building. Any change in use within a building shall be required to meet the minimum parking requirements for the new use | |
(c) | Where the above schedule results in a fraction of a space, fractions under 1/2 shall be disregarded and all others shall require 1 full space | |
(d) | If it can be clearly demonstrated that because of the peculiar nature of any use, all the required parking is not necessary, the Planning Board may permit a reduction in the amount of parking area provided; but in such event, the entire required parking area shall be shown on the site plan so that it will be available in the event future conditions should so require | |
2. | Off-Street Loading Space Requirements. In all districts, for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be maintained on the same premises with such building or use at least 1 off-street loading space | |
(a) | Each loading space shall be at least 12 feet in width, 30 feet in length and have a fourteen-foot clearance above grade, provided, however, that the Planning Board may require additional length of up to 55 feet depending on the length of vehicles using said space | |
(b) | Such space shall be located in the side or rear yard only, but in no case in a side yard adjoining a street | |
(D) | The Planning Board may allow initial construction of only 1 off-street parking space for each 2 units with the difference deferred to future construction if needed; provided, however, that the entire amount of required parking, in accordance with all other ordinance requirements, must be shown on the site plan | |
n.
Protection of Critical Areas. All site plans shall be designed so that, to the greatest extent possible, critical areas, the disturbance of which could result in flooding, erosion, sedimentation, loss of valuable vegetation, impairment of water quality or quantity or other substantial harm to the environment or to human habitation, shall be left undisturbed. The applicant shall employ such development techniques, including Bumps, to demonstrate that development can take place without causing such adverse impacts on the environment and without detriment to the public health, safety and general welfare. Whenever wetlands are present on land which is the subject of an application for development, which wetlands could be impacted by the proposed development, the Planning Board may require that all such wetlands be protected by a conservation easement given by the developer to the Township.
o.
On-Site Storm Water Management. The applicant shall establish adequate measures, employing Bumps, for on-site storm water management in accordance with the standards established in Subsection 30-64.1i.
p.
Building and Site Design.
1.
Purpose. The provisions of this section are intended to promote the health, safety and general welfare of the Township by:
(a)
Promoting good quality of design and attractive appearance of property;
(b)
Preserving and enhancing natural features and the natural environment;
(c)
Contributing to the amenities and attractiveness of an area so as to maintain and improve the economic value and stability of property; and
(d)
Encouraging the most appropriate use and development of the property and adjacent properties.
2.
Design Standards. The following standards shall be utilized by the Planning Board in reviewing all site plans. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans as well as a method of review for the reviewing authority. These standards shall not be regarded as inflexible requirements nor are they intended to discourage creativity, invention and innovation. The specification of one or more particular architectural styles is not included in these standards.
(a)
Preservation of Landscape. The landscape shall be preserved in its natural state, insofar as practicable and where desirable by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas. Landscape treatment that is appropriate to the area and the terrain and which will enhance the overall appearance of the site shall be employed.
(b)
Relation of Proposed Buildings to Environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. Such relationship shall be achieved by:
(1)
Architectural design which is harmonious with the character of existing development.
(2)
The use of exterior colors, facade or roof materials or the combination of colors and materials that are harmonious.
(3)
The relationship of design features such as height and mass, building proportions, roof lines, building projections and ornamental features that will create a coordinated and harmonious appearance.
(c)
Design of Building Walls. All four sides of a building should contribute to the architectural unity of the building. The use of large, unbroken masses is discouraged. All walls are to be constructed of durable-material requiring low maintenance. Desirable materials such as brick, stone, glass, pre-cast concrete and wood when properly treated, are encouraged. Where durability and performance are questionable, the applicant may be asked to provide a manufacturer's guarantee or proof of durability from an independent testing laboratory certification. The use of exposed concrete block is prohibited, unless the same is textured. Metal siding should not be used to such an extent that it will be a dominant architectural feature.
(d)
Open Space, Circulation and Parking. Open spaces, access driveways and the location and design of parking areas shall be in scale with the project as a whole. Special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties.
(e)
Special Features. Exposed storage areas, exposed machinery installations including roof installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be so located and screened with plantings or by other methods to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
(f)
Utility Service. Electric and telephone lines shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and the site.
(g)
Advertising Features. There shall be no building or feature which is representational, e.g. Brown Derbys, Ice Cream Cones, Polar Bears, etc. There shall be no ragged outlines of buildings clearly used as eyecatchers and not required for internal functions.
(h)
Lighting. There shall be adequate controls of all illumination, sky glow and glare. The provisions of Subsection 30-64.2.g shall apply.
(i)
Barrier-Free Construction. Barrier-free construction for handicapped persons shall be included as required by law.
(j)
Energy Conservation. All site plans shall, to the greatest degree possible, follow energy efficient design principles and maximize the use of renewable energy sources. Within the limits of practicability and feasibility, the criteria listed below shall be followed.
(1)
Buildings shall be oriented to maximize solar gain. Where possible, building walls with the greatest number of windows or window area shall face in a southerly direction. The use of active and passive solar energy gain systems in buildings is encouraged.
(2)
Buildings shall be arranged to provide maximum protection to each other in terms of energy consuming elements.
(3)
The use of energy efficient building materials and colors is encouraged.
(4)
Site arrangement shall take advantage of topographic features to maximize solar gain and afford protection from winter winds.
(5)
Natural vegetation and landscaping, including fences, walls and earthworks shall be utilized to maximize protection from wind, channel breezes and shade buildings and pavement.
(6)
The site shall be designed to minimize pavement and afford efficient circulation. The use of footpaths and bike paths in multifamily housing developments, in order to reduce motor vehicle use, is encouraged.
q.
Site Maintenance. All buildings, paved areas, landscaping and other site facilities and improvements shall be adequately maintained at all times. Dead trees or shrubs shall be replaced by the owner. Failure of the owner to comply with these provisions within 30 days of notification by the Zoning Official, weather permitting, shall be a violation of this chapter.
r.
All other applicable provisions of this chapter shall be met.
s.
The applicant shall obtain all necessary approvals of any State, County or municipal agencies.
t.
The Planning Board shall give consideration to such other elements or aspects of the site plan or proposed use as may relate to the design of the plan, the general environment of the area or the health, safety and general welfare of the public.
u.
Nonstructural Stormwater Management Best Management Practices. Notwithstanding any other provision of this chapter to the contrary, the Township hereby adopts and incorporates herein by reference the current nonstructural stormwater management strategies as the same may be amended and supplemented from time to time and as are set forth in N.J.A.C. 7:8-1 et seq. The applicant shall compare current nonstructural stormwater management practices as set forth in the aforesaid regulation to the standards set forth in this chapter. In the event of any conflict between the provisions of this paragraph and the current nonstructural stormwater management regulations, the more stringent of the provisions or regulations shall be controlling. Except as provided herein, the approving board shall only approve developments which comply with the provisions of N.J.A.C. 7:8-1 et seq. as amended to the maximum extent feasible considering the constraints of the specific development project. Any Township regulation that is less stringent than said regulations shall be superseded by the provisions of N.J.A.C. 7:8-1 et seq. as amended.
§ 30-64.3 Stormwater Control. [1]
[Ord. No. 2006-9 § 1; amended 11-12-2020 by Ord. No. 2020-21; 6-24-2021 by Ord. No. 2021-16; amended 2-27-2024 by Ord. No. 2024-01]
a.
Scope and Purpose.
1.
Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.
2.
Purpose. The purpose of this subsection is to establish minimum stormwater management requirements and controls for "major development," as defined below in paragraph b.
3.
Applicability.
(a)
This subsection shall be applicable to the following major developments:
(b)
This subsection shall also be applicable to all major developments undertaken by the Township of Chatham.
(c)
Applicability of this subsection to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
4.
Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this subsection are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this subsection shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This subsection is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this subsection imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
b.
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in this subsection shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference.
c.
Design and performance standards for stormwater management measures. This subsection establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
d.
Solids and floatable materials control standards.
1.
Site design features identified under paragraph c above, or alternative designs in accordance with paragraph c above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph d1(b) below.
(a)
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
(2)
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(3)
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
(b)
The standard in paragraph d1(a) above does not apply:
(1)
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
(2)
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(3)
Where flows from the water quality design storm as specified in the last amended Stormwater Management rules at N.J.A.C. 7:8 et seq. are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[a]
A rectangular space four and five-eighths (4.625) inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
[b]
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
(4)
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(5)
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
e.
Safety standards for stormwater management basins.
1.
This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This subsection applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.
2.
Safety Ledge Illustration.
Elevation View — Basin Safety Ledge Configuration  |
f.
Requirements for a Site Development Stormwater Plan.
1.
Submission of Site Development Stormwater Plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this subsection, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at paragraph f3 below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards set forth in this subsection.
(c)
The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with paragraph f3 of this subsection.
2.
Site Development Stormwater Plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this subsection.
3.
Submission of Site Development Stormwater Plan. The following information shall be required:
(a)
Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
(d)
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of paragraph c is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(1)
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(2)
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
(1)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in paragraph c of this subsection.
(2)
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(g)
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of paragraph g.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this subsection may, in consultation with the municipality's review engineer, waive submission of any of the requirements in paragraph f3(a) through paragraph f3(f) of this subsection when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
g.
Maintenance and repair.
1.
Applicability. Projects subject to review as in paragraph a3 of this subsection shall comply with the requirements of paragraph g2 and g3.
2.
General maintenance.
(a)
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
(b)
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:
(1)
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and
(2)
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
(c)
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
3.
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
h.
Penalties. Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this part shall be subject, upon conviction, to the penalties provided in Chapter 1, Article II, General Penalty. Each violation shall constitute a separate offense.
i.
Severability. Each section, subsection, sentence, clause and phrase of this subsection is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this subsection to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this subsection.
j.
Effective Date. This subsection shall be in full force and effect from and after its adoption and any publication as required by law.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 7-92 and 10-92.
§ 30-64.3A (RESERVED) [1]
§ 30-65 CONDITIONS FOR PLANNED DEVELOPMENTS.
[Ord. No. 2-79 § 606]
In the case of a subdivision or site plan for a planned development, such as a residential cluster, townhouse development or multi-family development, the Planning Board shall find the following facts and conclusions:
a.
Departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards in Article 7.
b.
The proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
c.
Provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
d.
The proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
e.
In the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
§ 30-65.1 Garages, Parking Areas and Internal Roadways.
[Ord. No. 2-79 § 606.1]
The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the Planning Board and shall be designed to insure maximum safety, proper circulation and maximum convenience for residents and their guests.
§ 30-65.2 Common Open Spaces.
[Ord. No. 2-79 § 606.2]
All common open spaces shall be attractively landscaped with grass lawns, trees and shrubs and/or provision shall be made for the preservation of existing trees and natural features.
§ 30-66 STANDARDS FOR ESTABLISHMENT OF AN OPEN SPACE ORGANIZATION.
[Ord. No. 2-79 § 607]
In the case of a residential cluster, the developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, unless said open space is to be dedicated to the Township.
§ 30-66.1 Disposition of Open Space.
[Ord. No. 2-79 § 607.1]
Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township.
§ 30-66.2 Failure to Maintain Open Space.
[Ord. No. 2-79 § 607.2]
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Zoning Officer shall so notify such organization in writing and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 50 days of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the governing body, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. Such entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the governing body, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the governing body shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.
§ 30-66.3 Cost of Maintenance.
[Ord. No. 2-79 § 607.3]
The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
§ 30-67.1 Purpose.
[Ord. No. 2-79 § 608.1]
The purpose of requiring an Environmental Impact Statement is to permit the Planning Board and Environmental Commission to assess the impact of a proposed project upon the environment, particularly with respect to land, water, air, solid wastes, aquatic and terrestrial wildlife, social and economic life, and aesthetics.
§ 30-67.2 When Required.
[Ord. No. 2-79 § 608.2; Ord. No. 9-79 § 35]
An Environmental Impact Statement is required for all preliminary major subdivisions and for preliminary site plans involving any new building or structure or soil removal operation.
An Environmental Impact Statement as required herein shall also be submitted covering all public and quasipublic projects unless they are exempt from the requirements of local law by supervening County, State or Federal law.
§ 30-67.3 Filing Requirements.
[Ord. No. 2-79 § 608.3; Ord. No. 9-79 § 35]
The Environmental Impact Statement requirements of this section cover the most complex cases and the entire contents may not be applicable to less complex projects. Therefore an outline with discussion shall be submitted to the Planning Board prior to the preparation of an Environmental Impact Statement. The outline will address briefly the items described in Subsections 30-67.4 and 30-67.5 below and discuss which of these items are environmentally significant with regard to the proposed project. The discussion shall describe the depth of study for these items and how their environmental impact will be evaluated. Additionally those items upon which the proposed project will have insignificant or no environmental impact shall also be discussed with the request that these items need not be addressed in the environmental impact statement. The Planning Board will submit the outline to the Township Engineer. The approval of the outline does not relieve the applicant from including additional items of environmental impact which may be revealed during the conduct of the impact statement nor does it prevent the Planning Board from including additional items as necessary at a later date.
An Environmental Impact Statement shall be submitted prior to the issuance of soil removal permits and prior to preliminary approval of a major subdivision or site plan involving any new building or structure.
§ 30-67.4 Contents.
[Ord. No. 2-79 § 608.4]
The Environmental Impact Statement shall include the following:
a.
Plan and Description of Proposed Project. A project description, complete with site plans, which shall specify the purpose of the proposed project, including products and services, if any, being provided, the regional, municipal and neighborhood setting, including building, roads, grading and regrading, adjacent natural streams and utility lines.
b.
Inventory of Existing Natural Resources. An inventory of existing natural resources at the project site and in the affected region which shall describe air quality, water quality, geological character, soil characteristics, land form, hydrological features, wildlife, aquatic organisms, noise characteristics and levels, land use, history and archeology. Said inventory shall be referenced to applicable subject matter of the ChathamTownship Natural Resources Inventory. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey and soils shall be described with reference to the Morris County Soil Survey and the criteria contained in the Morris County Soil Conservation District Standards and Specifications.
c.
Assessment of Environmental Impact of Project. An Assessment supported by environmental data of the environmental impact of the project upon the factors described in b above. It shall also include an evaluation of: water use and depletion; liquid and solid wastes on quality and quantity of surface and ground waters; air quality; traffic and the aquatic and terrestrial wildlife. The assessment shall also include an evaluation of the loss of open space and the social and economic effects on the community, including schools, parks, roads, police, fire, etc.
d.
Unavoidable Adverse Environmental Impacts. Discuss any adverse environmental impacts and damages to natural resources which cannot be avoided with particular emphasis upon: air or water pollution; damage to plant, tree or wildlife systems; displacement of existing farms; increase in sedimentation and siltation.
e.
Steps to Minimize Environmental Damage. A description of steps to be taken to minimize adverse environmental impacts during construction operation and completion both at the project site and in the affected region. Such description is to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
f.
Alternatives. A discussion of alternatives to the proposed project which might avoid some or all of the adverse environmental effects of the proposed project. The discussion should include the reasons for the acceptability or nonacceptability of each alternative.
§ 30-67.5 Environmental Impact Statement Details and Matters to Be Evaluated.
[Ord. No. 2-79 § 608.5; Ord. No. 11-81 § 3]
a.
Sewerage Facilities. A description of the sewerage facilities that will be utilized including the following:
If disposal is on site: data on underlying geology, water table, depth to rock, solid analysis, soil stratigraphy, percolation tests for every sewage disposal site, topography, location and depth of aquifers, and depth, capacity, and type of construction and location of all wells which have been recorded or can be obtained from interviews with adjacent property owners within 500 feet of site; soil logs and percolation tests for each disposal site as witnessed by the Board of Health, and any other pertinent data, or
If disposal is off-site: projected sewer discharges stated in average daily flows (gallons per day) for initial phase and five and six year projections for each of the following categories: 1. residential discharges and 2, industrial/commercial discharges described as follows: type of process; projected daily flows; physical characteristics including temperature; biological characteristics; and chemical characteristics, including description of toxic components.
Treatment Facilities. If treatment is by public facilities: name of public facility and point of connection and description of interconnecting facilities.
If project is to include treatment facilities discharging into a stream or watercourse: location of treatment facilities; receiving stream and data on stream classification; water quality, seven day low flow at ten year frequency; description of treatment facilities and proposed effluent quality; and evaluation of initial and future deleterious effects on use of stream for water supply, recreation and aquatic and terrestrial wildlife. Evaluation shall include effect of nutrients on downstream ponds and lakes.
Compliance with all State and local health requirements.
b.
Water Supply. A description of water supply that will be utilized including the following:
If supply is from on-site sources: location of water supply source(s); description of water supply facilities, including type, depth, and pumping rates; location and depth of all private and public water supplies and septic systems within 500 feet of the proposed water sources; and geologic evaluation of subsurface conditions including statements on the following:
1.
Long term evaluation of adequacy of the supply to serve the project (in terms of both quantity and quality);
2.
Evaluation of possible interference with existing private and public water supplies up to a five mile radius; and
3.
Evaluation of water table conditions and aquifer recharge capability.
If supply is from public facilities off-site: name of public facility; point(s) of interconnection and description of interconnecting facilities; pressure requirements; and projected water usage stated in average daily usage (gallons per day); peak daily usage (gallons per day) and peak hourly usage (gallons per hour). Water usage shall also state initial phase and for five and ten year projections for each of the following categories:
4.
Fire Protection Requirements: Compliance with all State (including Division of Environmental Protection, Bureau of Water Control) requirements and local health regulations.
c.
Storm Water. Submit the following data and documentation:
1.
Peak rates and volume of storm water runoff expected from undeveloped site and to be generated by proposed project. Include rates for one-, five-, ten-, twenty-five-, fifty-, seventy-five-, and 100-year storm frequencies having durations equal to the time of concentration.
2.
Data on landscaping, vegetation map, tree and ground cover, existing on the site compared with that proposed.
3.
Discuss changes in peak rates and volume of storm water runoff and runoff coefficients caused by changes in land use and whether or not there will be any increased incidents of flooding caused by increased storm water runoff due to the proposed project.
4.
Submission of plans for disposition of storm water and attempt to delay the time of concentration by the use of detention basins or other acceptable methods.
5.
Submission of a soil erosion and sediment control plan in accordance with requirements of the Soil Erosion, Sediment Control and Flood Prevention Ordinance.
Stream Encroachments: An encroachment permit is required from the New Jersey Department of Environmental Protection, Division of Water Resources for fill or diversion of a water channel, alteration of a stream, repair or construction of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing.
Flood Plains: Description of potential flood damages including a summary of flood stages from State and Federal sources.
d.
Solid Waste Disposal. A plan for disposal by means of a facility operating in compliance with Federal, State, Regional, County and local requirements.
e.
Air Pollution. A description of any changes in air quality to be produced by the proposed development, including the amounts or degree of smoke, heat or other air pollutants to be added to the atmosphere or created by heating, incineration and processing operations.
f.
Traffic. Determine the present volume and capacity of the road(s) serving the project and the nearest major intersection and set forth projected volumes for the same upon completion of the project. Also determine additional air pollution and noises to be caused thereby.
g.
Social/Economic. An analysis of the factors affecting the finances of the Township which shall include, the estimated changes in tax receipts and fiscal outlay for municipal services; estimated number and types of jobs to be provided; calculation of the number of school age children to be produced; and any addition to existing municipal services rendered by the project.
h.
Aesthetics. Discuss how the natural or present character of area will be changed as a result of the proposed action.
i.
Energy Conservation. A description of the site in terms of its physical orientation to solar access and prevailing winds, addressing the building and site design and arrangement in terms of energy efficient principles and maximum utilization of renewable energy sources following criteria established in Subsection 30-64.1j or Subsection 30-64.2p2(j), as the case may be.
j.
Licenses, permits, etc. A list of all licenses, permits and other approvals required by municipal, County or State law and the status of each. In the case of a site plan, include a copy of the site plan application.
k.
Planning Board Review - Conditions.
1.
In reviewing an Environmental Impact Statement the Planning Board shall take into consideration the effect of the proposed project upon all aspects of the environment including, but not limited to, sewage disposal, water quality, water supply, preservation of trees and vegetation, protection of water courses, protection of air resources, protection of aquifers, protection of public lands and their uses and eco-systems, and the creation of any nuisance factors. The Planning Board will submit the Environmental Impact Statement for review to the Environmental Commission and may submit such Statement to such other governmental bodies and to such consultants as it may deem appropriate. The Planning Board shall request that an advisory report shall be made to it by the governmental body or consultant within 45 days of the submission of the Environmental Impact Statement to such governmental body or consultant. The Planning Board shall reject the proposed project on an environmental basis, only if it determines that the proposed project (a) will result in appreciable harm to the natural environment, (b) has not been designed with a view toward the protection of natural resources and (c) will place an excessive demand upon the total resources available for such project and for any future projects.
2.
Conditions. The steps to be taken to minimize the adverse environmental impacts during construction and operation under Subsection 30-67.4e and the alternatives which may be approved by the Planning Board under Subsection 30-67.4f shall constitute conditions of the approval of the Environmental Impact Statement, together with such other conditions as the Planning Board may impose. No certificate of occupancy shall be issued until compliance shall have been made with the conditions.
3.
Waiver. The Planning Board, at its sole discretion, may waive the requirement for an Environmental Impact Statement, in whole or in part, upon receipt of a written request, if sufficient evidence is submitted to support a conclusion that the proposed project will have a negligible environmental impact or that a complete Environmental Impact Statement need not be prepared in order to evaluate adequately the environmental impact of a project.
§ 30-68 EXCEPTIONS FROM REQUIREMENTS.
[Ord. No. 2-79 § 609; Ord. No. 29-87 § 1]
The Planning Board when acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval shall have the power to grant such exceptions from the requirements for approval as may be reasonable and within the general purpose and intent of the provisions herein, if the literal enforcement of one or more provisions herein is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
The grant of any exception pursuant to the provisions of this § 30-68 shall be based upon specific findings of fact and conclusions which shall be set forth in the resolution of approval of the application for development.
§ 30-69 SELLING BEFORE FINAL APPROVAL.
[Ord. No. 2-79 § 610]
If, before final subdivision approval has been granted, any person transfers or sells, except pursuant to an Agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the Township may institute and maintain a civil action:
For injunctive relief; and
To set aside and invalidate conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Section 44 of the Municipal Land Use Law (N.J.S. 40:55D-56).
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.