Ocean Township City Zoning Code
ARTICLE V
Site Plan and Subdivision Design and Submission Requirements 1
§ 21-54.1 Site Plan Required.
[Adopted 1-8-1992 by Ord. No. 1564, amended 3-19-1997 by Ord. No. 1770, 12-24-2000 by Ord. No. 1873]
It is required that a site plan be submitted to the Administrative Officer, under the procedures portion of the Land Development Chapter, for every application for development, including a change of use from single family residential to any other use, except for subdivision or the development of a single family residential structure. A site plan will also not be required for the addition, deletion or relocation of doors and windows, or the construction or re-construction of the roofline of an entire building for nonresidential uses, or the erection of canopies pursuant to Subsection 21-53.6 if, in the opinion of the Planning Administrator and Construction Code Official, the proposed changes will not be detrimental to the public health, safety, and general welfare. Site plans may be submitted separately as a preliminary site plan and final site plan or may be submitted as a combined preliminary and final site plan.
§ 21-54.2 Subdivision Application Required.
[Adopted 1-8-1992 by Ord. No. 1564]
It is required that an application for subdivision approval be submitted to the administrative officer for any subdivision of land, as defined in the New Jersey Municipal Land Use Law.
a.
Submission of Sketch Plat. The applicant shall submit a sketch plat to the administrative officer for the purpose of classification of all subdivision applications. Once classification has been determined by the Administrative Officer, the applicant shall be so advised and shall follow the appropriate procedures for filing as outlined in the procedures ordinance. This submittal may be waived by the administrative officer if the application clearly falls within the definition of either major subdivision or minor subdivision. The decision shall be final on any request for a waiver of this provision.
§ 21-55 DESIGN STANDARDS.
[Adopted 1-8-1992 by Ord. No. 1564]
The following design standards shall apply to all site plan and subdivision development applications submitted to the administrative officer. The Municipal Agency may grant waivers from these requirements upon the submission of information reasonably necessary for the Municipal Agency to make an informed decision.
a.
The developer shall regard the following requirements and principles of land development in the design of each development application or portion thereof. Prior to the granting of final approval, or as a condition of final approval, the subdivider shall have installed or, at the option of the Municipal Agency shall have furnished performance guarantees in accordance with the appropriate section of this chapter and N.J.S.A. 40:55D-53 for the ultimate installation or protection of the items required by this section.
b.
The site plan or subdivision shall conform to design standards that will encourage good development patterns encouraging a coordinated, well-planned community with provisions for desirable services and circulation facilities. Furthermore, the site plan or subdivision shall conform to the proposals and conditions shown on the Official Map and the Master Plan of the Township of Ocean.
c.
In addition to the standards set forth in this section, all subdivisions shall conform to the standards contained in Chapter 8 of this revision on Excavation and Construction in Public Streets where the provisions of that chapter and this chapter differ, those which provide for the highest standard of improvement and design shall govern.
§ 21-55.1 Landscaping Design Criteria.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
Site Considerations. Natural site features such as: existing trees, streams, rock outcropping, etc. shall be preserved wherever possible. Whenever such natural features are absent or insufficient or have been destroyed during the development of the site, additional new plantings of a sufficient size as determined by the Municipal Agency shall be established to provide environmental protection to beautify the buildings and grounds, and to provide privacy, shade and the screening out of objectionable features created on the site.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, flood conditions, or similar circumstances, the Municipal Agency may, after adequate investigation, withhold favorable action on such lots.
b.
Screening. Service areas, trash enclosures, recycling areas and enclosures, satellite dish antennas, parking areas, transformer compounds, and other strictly utilitarian improvements, shall be screened as fully as practicable. In general, it is intended that possible objectionable or unsightly features within a given development shall be screened from passing traffic or abutting residential properties.
c.
Variety. In the case of a repetition of building designs, as in apartment house development, care shall be exercised to avoid monotony in the planting design by introducing sufficient variety in the planting layout to lend interest and aesthetic appeal. By the same token, excessive variety shall be avoided and all shall be represented as a balanced design with proper accent in the right places.
d.
(Reserved)
e.
Protection of Area by Curbs or Bumpers. All buffers and landscaped areas shall be protected from adjacent parking areas by minimum six inch high concrete or belgian block curbs.
f.
Sodding. All lawn or grassed areas shall be sodded. Sod shall consist only of a mixture of blue grass, fescue, and perennial rye grass. A minimum of 25% of the mixture shall be bluegrass and a minimum of 25% of the mixture shall be fescue. Perennial rye grasses shall account for a maximum of 35% of the mixture.
g.
Underground Sprinkler Systems Required. Underground sprinkler systems shall be required in all landscaped areas of commercial, office, and industrial developments. In order to provide for maximum water conservation, sprinkler systems shall be designed so that no water shall be directed on to impervious surfaces, and shall include automatic timing and metering mechanisms in order to insure that over-watering does not occur.
h.
Buffer Planting Requirements. Planting in all required buffer areas shall consist of a minimum of two staggered rows of evergreen trees spaced 10 feet apart and planted 10 feet on center, except that in buffer areas less than 15 feet wide, a single row of evergreen trees planted eight feet or center shall be required.
Additional planting materials and/or fencing may be required by the Municipal Agency to supplement the two rows of evergreen trees, but shall not replace them. The requirement for two rows of evergreen trees may be reduced by the Municipal Agency if substantial existing vegetation is located within the buffer area and the strict enforcement of this section would result in the loss or damage to the existing vegetation, or would be impractical as determined by the Municipal Agency.
i.
All plants shall be specified and planted according to the following requirements:
[Amended 2-14-2001 by Ord. No. 1883]
1.
Where this chapter requires minimum tree size, the tree size shall be specified in an acceptable size range, showing the required minimum as the lower size in the range. Street trees required at a minimum 2 1/2 inch or four inch caliper shall be specified as 2 1/2 inch to three inch caliper or four inch to 4 1/2 inch caliper respectively. Evergreen trees required at a minimum six feet or eight feet height shall be specified at six feet to 10 feet in height or eight feet to 10 feet in height respectively.
2.
All trees shall be of a full and symmetrical growth habit at time of planting and at time of release from performance and maintenance bonds. Street trees shall begin branching at a minimum height of eight feet, but no higher than 12 feet. Evergreen trees shall be full and symmetrical, and of a sufficient density that they provide a significant visual screening effect.
3.
All plant material shall be nursery grown stock, and shall comply with the minimum requirements of the American Association of Nurserymen as Approved by the American National Standards Institute (ANSI) unless otherwise specified in this chapter.
§ 21-55.2 Provision and Protection of Trees and Shrubs.
[Adopted 1-8-1992 by Ord. No. 1564]
In all zones, for all site plans and subdivisions, the following provisions for trees and shrubs shall be included in addition to those provided in required buffer areas.
a.
Trees.
1.
The applicant shall provide a Tree Location and Preservation Plan which shall locate all existing trees as provided below. Such tree preservation plan shall include:
(a)
For all areas of the site where soil disturbance or development is to occur, and within 30 feet of any such area, the location, type, and caliper of all existing trees with a caliper of six inches or greater measured at a height of one foot above the root crown;
(b)
For all other areas of the subject site, the general location of and general description of existing trees, or wooded areas containing existing trees with a caliper of six inches or greater measured at a height of one foot above the root crown;
(c)
Which of the above trees are to be saved, and measures to be taken to insure the survival of the trees to be saved during and after construction, including the limits of regarding within the area of the root crown, protection of root systems during construction, suggested trimming and maintenance prior to construction;
(d)
No tree with a caliper of six inches or greater measured at a height of one foot above the root crown, shall be removed from a site unless it is replaced with: a similar tree four inches in caliper one foot above the root crown; two trees with a minimum 2 1/2 inch caliper one foot above the root crown; a donation of $350 to the Township of Ocean Shade Tree Fund.
(e)
In the event that any tree, designated on an approved tree preservation plan to be preserved, dies or is removed within two years of the completion of construction, it shall be replaced by either: a similar tree four inches in caliper one foot above the root crown; or two trees with a minimum 2 1/2 inch caliper one foot above the root crown. Prior to replacement, the applicant shall submit a minor site plan application to the Municipal Agency for approval of the location of the new trees. The Municipal Agency may permit, in lieu of the replacement of the tree or trees, a donation of $350 to the Township of Ocean Shade Tree Fund for each tree which has died or been removed.
2.
In all residential, commercial and industrial developments, a minimum of 15 trees shall be provided for each acre of development, excluding required buffer areas. No fewer than 30% of the trees shall be evergreen and no fewer than 30% of the trees shall be deciduous. Evergreen trees shall be a minimum height of six feet at planting. Deciduous trees shall have a minimum height of 15 feet at planting and a mature height of at least 30 feet. They shall be a minimum caliper of 2 1/2 inches measured at a height of one foot above the base of the tree at planting, except that a minimum of two deciduous trees per acre shall be not less than four-inch caliper measured 1% above the base of the tree.
Existing trees, saved or replace as part of a tree preservation plan under Subsection a1(d) above, may be included as part of the required trees, provided that the trees are not located in a required buffer area, and provided that, where the number of trees saved or replaced exceeds 15 per acre, the number of trees so saved is not reduced.
The number of trees provided shall be pro-rated for fractions of an acre, except that not less than one four-inch caliper deciduous tree shall be provided on any site.
Deciduous trees that do not have a mature height of 30 feet or greater may be substituted for the deciduous trees which are required in the above subsection provided that: two of the smaller trees shall be required for each one larger tree it replaces; and no more than five deciduous trees per acre shall be substituted for in this manner.
No less than 30% of the required trees shall be planted in the required front yard. There shall be no requirement for the mix of deciduous and evergreen trees to be planted in a front yard.
3.
Street Tree Plantings. For all development, street trees shall be required to be planted along all street frontage except in a C-1 Zone. The minimum number of such trees shall total one tree for each 40 feet of frontage and shall not be located within the required sod area as described in this chapter. However, the Municipal Agency may waive the maximum spacing requirement and also permit the location of street trees within the required sod area in order to promote creative and aesthetically pleasing site design. Street trees shall meet the minimum size requirements of Subsection a2 above and shall be counted towards meeting the minimum requirement of 15 trees per acre as required in this subsection.
[Amended 8-21-1996 by Ord. No. 1746]
b.
Shrubs. For residential dwellings, a minimum of one shrub shall be provided for each 50 square feet or fraction thereof of building coverage. A minimum of 50% of all shrubs shall be evergreen. For the purpose of this subsection, at least 50% of all shrubs shall have a mature height of not less than 30 inches, and no shrub shall have a mature height of less than 18 inches. All shrubs shall be in cans or balled and burlapped and shall have a minimum height or breadth of 18 inches at planting. Ground covers and plants with a mature height of less than 18 inches are permitted, but shall not be counted towards meeting the above minimum requirement.
§ 21-55.3 Off-street Parking and Loading Design Criteria.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
General Design Considerations.
1.
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.
2.
Roads, pedestrian walks and open spaces shall be properly related to existing and proposed buildings and appropriately landscaped.
3.
Buildings, parking areas and vehicular circulation shall be arranged so that pedestrian movement is not necessarily exposed to vehicular traffic.
4.
Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance and easily maintained.
5.
The location and design of pedestrian walks should emphasize desirable views of new and existing development.
6.
The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes, where reasonably possible.
7.
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, and ease of access, and shall be developed as an integral part of an overall site design.
b.
Provision for Proper Drainage and Maintenance. All off-street parking, off-street loading, and service facilities shall be graded and drained so as to dispose of all surface water accumulation in a safe manner while preventing damage to abutting properties and/or public streets. Except for single-family uses, they shall be surfaced with asphaltic, bituminous cement or other properly bound pavement which will assure a surface resistant to erosion. All paved parking and loading areas and drives for other than single family residential uses shall be curbed with concrete or belgian block curbing, a minimum of six inches high. Such drainage and materials shall be installed as required by the Municipal Agency and as recommended by the Municipal Engineer. All such areas shall be at all times maintained at the expense of the owners thereof, in a clean, orderly and dust-free condition.
c.
Separation From Walkways and Streets. All off-street parking, off-street loading, and service areas shall be separated from walkways, sidewalks, streets or alleys by curbing or other protective device where necessary as required by the Municipal Agency.
d.
Private Walks Adjacent to Business Buildings. A walkway, if provided, adjacent to a business building shall be a minimum of four feet in width.
e.
Size of Driveways.
1.
For all uses other than single-family dwellings, a driveway, exclusive of curb return radii, shall be not less than 15 feet in width.
2.
A curb return radius for a driveway at its entrance to a public street shall be a minimum of five feet for single-family residential uses and a minimum of 15 feet for all other uses.
3.
For all uses other than single family residential uses, the maximum width of a driveway exclusive of curb return radii shall not exceed 30 feet. For single family uses, the maximum width of a driveway shall not exceed 20 feet.
f.
Lighting. All outdoor lighting within the Township of Ocean, including that for off-street parking areas, and appurtenant drives and pedestrian ways shall conform with the requirements of § 21-46A.
[Amended 4-11-2011 by Ord. No. 2169]
g.
Size of Loading Spaces. All required loading spaces shall be at least 14 feet in width, 55 feet in length and have a minimum vertical clearance of 15 feet. Additional space for maneuvering, depending on the arrangement of the loading facilities, shall be provided. Reductions in the space size may be made for certain uses, if adequately demonstrated by the applicant, as determined by the Municipal Agency.
§ 21-55.4 Streets and Highways.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
Subdivisions shall be served by paved public streets and all new streets shall be graded and provided with an all weather base and pavement with an adequate crown in keeping with Township specifications and standards.
b.
The arrangement of streets shall be such as to provide for the appropriate continuous extension of existing, mapped or potential streets.
c.
No subdivision showing reserve strips controlling access to another area, either developed or undeveloped, shall be approved except where control and disposal of land comprising such strips has been given to the governing body after recommendation by the Planing Board.
d.
Subdivisions that adjoin or include streets that do not conform to widths as shown on the Master Plan, Official Map, or the street width requirements of this chapter, shall dedicate additional width along one or both sides of said road. If the subdivision is along one side only, one-half of the required extra width shall be dedicated unless there is sufficient area available within the subdivision to permit the complete additional dedication without creating nonconforming or substandard lots. This additional dedication may be required by the Municipal Agency as a condition of approval.
e.
The right-of-way width shall be measured from lot line to lot line. Right-of-way width and pavement width shall not be less than the following unless otherwise indicated on the Master Plan or Official Map:
Right-of-Way | Pavement Width | ||
|---|---|---|---|
1. | Arterial streets | 80 feet | 60 feet |
2. | Major streets | 66 feet | 40 feet |
3. | Collector streets | 60 feet | 40 feet |
4. | Minor streets | 50 feet | 30 feet* |
Notes: The Municipal Agency may require a paved width of up to 36 feet for minor streets in areas of the Township where the prevailing paved width is 36 feet. |
f.
The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Township, County or State when said paving concerns roads under their jurisdiction and where such standards exist. Roads specifically serving industrial areas shall adhere to Township standards designed for the development of industrial uses and shall be sufficient to handle projected traffic and heavy trucking.
g.
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. No more than two streets shall meet or intersect at any one point and the center lines of both intersecting streets shall pass through a common point. Measuring from this common point, two intersections shall be spaced at a minimum of 150 feet. The block corners at intersections shall be rounded at the curbline with a curve having a radius of 20 feet. No shrubbery, signs, trees, monuments or other visual obstructions over 2 1/2 feet in height, measured from the top of the curb directly opposite the object or planting, shall be permitted within the following sight triangles measured from the center line, point of intersection:
Major Street | Minor Street | ||
|---|---|---|---|
1. | T-type intersection | 200 feet | 30 feet |
2. | Full intersection with control | 200 feet | 30 feet |
3. | Full intersection without control | 200 feet | 200 feet |
Street or specimen shade trees are permitted within this triangle provided they are trimmed to a point at least eight feet above the maximum elevation of the road surface within the triangle. [Amended 3-15-2000 by Ord. No. 1851, 1-10-2001 by Ord. No. 1881] |
h.
Where streets have a reverse curve, a tangent of at least 100 feet in length between curves shall be required.
i.
No street shall have a minimum grade of less than 3/4 of 1% which shall be defined to mean a vertical rise of 0.75 feet for each 100 feet of horizontal distance. No street shall have a maximum grade of more than 8%, which shall be defined to mean a vertical rise of eight feet for each 100 feet of horizontal distance. The maximum grade may be exceeded in exceptional cases to preserve unique topographical features as determined by the Municipal Agency.
j.
All changes in grade where the grade differential is 1% or greater shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance, but not so great as to create drainage problems. Sight distance shall be at least:
k.
The use of cul-de-sac streets shall be discouraged. When they are deemed necessary by the Municipal Agency, they shall be located so that they drain toward their entrances where practicable. The total length of the cul-de-sac shall be determined by good planning and engineering design and approved by the Municipal Agency. They shall provide a minimum turnaround radius of 50 feet which shall be tangent to the right side of the street where practicable.
l.
All driveways and other off-street parking areas shall have driveway aprons in accordance with Chapter 8, Excavation and Construction in Public Streets, of the Revised General Ordinances of the Township of Ocean. Driveways resulting in the elimination of curbing along Township streets shall be prohibited.
m.
Culs-de-sac, limited service or minor streets shall not intersect with major or secondary arterial roads. Driveway to single-family dwellings shall not open on arterial roads.
n.
Street Names and Traffic Control Signs.
1.
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name as the street of which it is a continuation. Curbline streets shall change their names only at street intersections or in accordance with the appropriate provisions of this chapter. The Municipal Agency shall have the right to approve or name streets within the proposed subdivision.
2.
Street name signs meeting Township specifications as to size, material and location shall be installed at the intersection of all streets and at such places on curvilinear streets as noted below:
3.
Where traffic control signs are required or permitted under the Manual on Uniform Traffic Control Devices, the proper Township, County or State office shall be informed of the proposed installation so that necessary action may be taken to legitimize such installation.
4.
All street name and traffic control signs shall be installed free of visual obstructions.
o.
Subdivisions abutting major or secondary arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separating through and local traffic as the Municipal Agency may deem appropriate. Minor streets shall not intersect collector streets at intervals more frequent than 500 feet whenever practical in the opinion of the municipal agency.
§ 21-55.5 Block and Lot Layout Requirements.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
The length, width or acreage of blocks shall be determined with due regard to the limitations and opportunities of topography and shall be such as to be sufficient to meet all the area, yard, and parking requirements for the proposed uses as expressed in the Zoning Ordinance as well as providing for convenient access, circulation control and safety to street traffic.
b.
Side lot lines shall be at right angles to straight streets and radial to curved streets.
§ 21-55.6 Railroad Right-of-way.
[Adopted 1-8-1992 by Ord. No. 1564]
Where the property to be developed is next to or includes a railroad right-of-way, suitable provisions shall be made for such things as road and pedestrian crossings, screening or buffer strips in accordance with this chapter, freight access, warning signals and signs in accordance with the Manual on Uniform Traffic Control Services, in recognition of the relationship between the railroad and the subdivision.
§ 21-55.7 Curbs, Gutters and Stormwater Drainage Systems.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
Curbs, gutters and stormwater drainage systems shall be provided along all streets in accordance with Chapter 8, Excavation and Construction in Public Streets, of the Revised General Ordinances of the Township of Ocean.
b.
Curbs, gutters and stormwater drainage systems shall be adequate to handle the maximum water runoff from tributary lands.
§ 21-55.8 Sidewalks.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
Sidewalks shall be provided along both sides of all streets in accordance with Chapter 8 this revision on Excavation and Construction in Public Streets, of the Revised General Ordinances of the Township of Ocean. Specific exemptions from this requirement detailed in Subsection 8-2.3 do not apply in the case of new streets in a new subdivision.
b.
Sidewalks shall be located a minimum of one foot within the street right-of-way. It is preferred that sidewalk be located to maximize planting strip between sidewalk and curbs.
c.
All sidewalks shall have a minimum slope of 1/4 inch per foot toward the curbline. This slope shall be consistent from the rear of the sidewalk to the top of the proposed or existing curb.
§ 21-55.9 Topsoil Protection.
[Adopted 1-8-1992 by Ord. No. 1564]
No topsoil shall be permanently removed from areas intended for lawn or open space. Topsoil removed during the course of construction shall be redistributed within the tract so as to provide a minimum four-inch cover to all areas to be seeded, sodded, or planted with trees or shrubs. Surplus topsoil within a development tract which exceeds the needs of the developer by that particular subdivision or site shall be removed by the developer by that particular subdivision or site shall be removed by the developer to a storage location designated by the Township Engineer within the Township for the use by the Township as it may see fit. Such surplus topsoil is considered to be a natural resource of the Township and is not to be sold or transported by the developer or his agent out of the Township. If requested by the developer, and approved by the Township Engineer, surplus topsoil may be transferred to another project or subdivision within the Township which is under the control of the developer for use in that subdivision. All other surplus topsoil shall become the property of the Township for use or disposal as the Township may see fit.
Where additional topsoil must be added to a development in order to provide the minimum four-inch deep topsoil cover prior to sowing of seed or sod, or planting of trees or shrubs, such topsoil shall consist of natural fertile agricultural soil of good texture, free from subsoil and it shall be taken from an area which has never been stripped. Such topsoil shall be of uniform quality, free from roots, sods, rubbish, Japanese Beetle and other dangerous insect larvae and shall have come from arable areas with good normal drainage.
§ 21-55.10 Monuments.
[Adopted 1-8-1992 by Ord. No. 1564]
Monuments shall be installed in compliance with the New Jersey Map Filing Law.
§ 21-55.11 Drainage System.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
A preliminary grading and drainage system shall be a part of the preliminary site plan or subdivision plat. It shall indicate a proposal for an adequate system of drainage structures to carry off and store or discharge the stormwater runoff and natural drainage water which originates not only within the property boundaries, but also that which originates beyond the property boundaries and flows across the boundaries of the subject property.
The Final drainage plan shall show a positive method to provide for subsurface disposal of sump pump discharges. Sump pumps shall not discharge into the gutter through curb openings, driveway aprons, or any other means. Where storm sewers are not available for a direct connection of the sump pump discharge hose, the developer will provide an auxiliary subsurface discharge facility for the purpose of conducting the sump pump discharge water to the storm sewer system.
1.
The grading and drainage system shall be so designed that the peak flow rate of stormwater runoff and natural drainage leaving the site after development does not exceed the peak flow rate prior to development. Calculations showing the peal flow rate before and after development for two-year, ten-year, twenty-five-year and one-hundred-year storm events shall be submitted as part of the preliminary application.
b.
The public improvement and utility plans and profiles shall show the final drainage plan and street profiles. They shall be prepared and submitted with the final plat after approval of the preliminary plat and drainage plan and calculations.
c.
No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands.
d.
Existing or proposed ditches or brooks shall have a right-of-way offered to the Township for dedication for drainage purposes. Such right-of-way shall be shown on the drainage plan and on the final plat and shall be of sufficient width to include a fifteen-foot wide access strip adjacent to the ditch or brook bank top in addition to the width of the ditch or brook as measured from bank top to bank top.
e.
Land subject to periodic or occasional flooding shall not be plotted for residential occupancy or for any other use which may endanger life or property or aggravate the flood hazard, either on the site or off-tract. Nothing in this chapter shall be construed to prevent a developer from filling the land or constructing bulkheads or retaining walls, provided such work meets the requirements of the Township, the Township Engineer, the New Jersey Department of Environmental Protection, or any other review agency which may have jurisdiction within the project area. All approvals must be obtained from such review agencies prior to final approval by the Township.
f.
All stormwater management measures for a development regardless of use, including structural stormwater management strategies, detention basins, and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Subsection 21-55.14 of this chapter XXI, the Land Development Ordinance of the Township of Ocean, and the Residential Site Improvement Standards, N.J.A.C. 5:21-7 et seq. as applicable.
[Added 10-25-2006 by Ord. No. 2055]
g.
Development not defined as a 'major development', stormwater management measures shall only be developed to meet the stormwater runoff quality in Subsection 21-55.14d of this chapter
[Added 10-25-2006 by Ord. No. 2055]
§ 21-55.12 Public Utilities.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
In any development easements along rear property lines, or elsewhere, for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the utility companies or Township departments concerned.
b.
All public water, fire hydrants, storm sewers and sanitary sewer mains shall be installed in accordance with the specifications of the governmental authority, district, or utility company which has jurisdiction over a particular improvement.
c.
A letter approving such a proposed installation and a statement of capability to provide service, including who will carry out the construction, signed by a responsible official of the governmental authority, district, or utility company concerned shall be directed to the Chairman of the Municipal Agency and shall be received prior to the signing of the final plat.
d.
Utility extensions, including distribution and/or supply lines, required in connection with development applications and/or construction permits, shall be constructed underground. In all subdivisions and site plans, the developer shall, with the approval of the Township Engineer, arrange with all servicing utility companies for the installation and construction of the utilities' distribution and supply facilities, both on tract and off tract, to be underground. Electric distribution and supply facilities and telephone lines shall be constructed underground in accordance with the Standard Terms and conditions incorporated as a part of the Utility's Tariff for Electric and Telephone Service as the same at the time are on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Municipal Agency a copy of the written instruction from which utility evidencing compliance with this provision.
[Added 6-18-1992 by Ord. No. 1585]
§ 21-55.13 Off-site and Off-tract Improvements.
[Adopted 1-8-1992 by Ord. No. 1564]
As a condition of final approval, the Municipal Agency may require the payment of the developer's pro-rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities, recreation and education facilities and easements. Street improvements shall include, but are not limited to intersection improvements, approach street improvements, traffic control improvements, and such other improvements as may be required due to anticipated or projected increased traffic movements or counts resulting from the proposed subdivision or project.
a.
Essential off-site and off-tract improvements may be required to be installed or a performance guarantee furnished in lieu thereof, with the total cost borne by the developer.
1.
Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the Municipal Agency may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities.
2.
Where a development creates a demand for water supply and/or sewerage treatment beyond the capacity of the present facilities and causes the need for a new or expanded well, pump or storage tank for water supply and/or a new or expanded sewage treatment plant and ancillary equipment, the Municipal Agency may nevertheless grant final plat approval if the developer shall acquire land for, improve and dedicate such water and sewer facilities, all as approved by the Municipal Agency, governing body and serving utility company. Where such new or expanded facilities will have a capacity beyond the needs of the development, the cost to the developer shall be determined in accordance with Subsection b below.
3.
Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the Municipal Agency may grant final approval if the developer shall acquire, improve and dedicate to the Township such enlarged, additional or new drainage facilities.
4.
In lieu of the developer's performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the Township or its contractors at the cost of the developer.
5.
Where the Municipal Agency determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.
b.
Advisable Off-Site and Off-Tract Improvement. Where the Municipal Agency finds that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Township, with the costs thereof to be assessed against all properties specially benefited thereby, including the property of the developer, the following provisions shall apply:
1.
During the processing of the application the Municipal Agency shall refer its recommendations for off-site and off-tract improvements to the governing body.
2.
If the governing body concurs, the Township Engineer shall determine the nature of the off-site and off-tract improvements, including the needs created by the applicant's proposed development and the then existing needs in the area, notwithstanding any work of the applicant.
3.
The Township Engineer shall estimate the costs of such work, including all costs to be in any local improvement ordinance and those to be assessed to the developer and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.
4.
If the governing body will not adopt a local improvement ordinance, the final development shall be designed accordingly, and the Municipal Agency shall proceed on that basis.
5.
If a local improvement ordinance is adopted, the governing body shall proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation, the governing body may appropriate such funds and adopt such ordinance.
(b)
If sufficient funds are not available for the initial appropriation, the governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed.
(1)
The amount determined by the governing body shall then be deposited by the applicant with the Township director of finance prior to final approval and prior to introduction of such local improvement ordinance.
(2)
Such deposit shall be made concurrent with an agreement between the applicant and the Township concerning the uses of the deposit, which shall include the following stipulations: that said funds shall be used by the Township solely for the expenses of such off-site and off-tract improvements; that such deposit may be appropriated by the Township, with other funds of the Township, and may be commingled with other appropriated funds and expended by the Township in connection with such purposes; that, if such deposit is not used by the Township within a specified time agreed upon by the applicant, said funds shall be distributed in accordance with the terms of said agreement; that, upon completion of the work by the Township or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of applicant; that the applicant's deposit shall be credited against the assessment made upon applicant's property, whether or not applicant is then the owner thereof; and that if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit and such assessment; or, if the deposit exceeded the amount assessed, the excess shall be refunded to the applicant, without interest.
(3)
Where said off-site and off-tract improvements are found by the Municipal Agency to be advisable and important to the sound development of the site, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval until funds become available for the initial appropriation required to adopt the local improvement ordinance.
6.
The determination of the governing body whether or not to proceed toward the adoption of a local improvement ordinance shall be made within 30 days after the referral by the Municipal Agency, unless such time shall be extended with the consent of the applicant. If the determination is not made within the designated period, the Municipal Agency may proceed as if the governing body had determined that it would not adopt such local improvement ordinance.
c.
All stormwater management measures for off-site and off-tract improvements regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structure, shall be designed in accordance with and comply with the provisions of Subsection 21-55.14 of the Land Development Ordinance of the Township of Ocean and the Residential Site Improvement Standards, N.J.A.C. 5:21-7 et seq.
[Added 10-25-2006 by Ord. No. 2055]
§ 21-55.14 Stormwater Control.
[Added 2-28-2001 by Ord. No. 1884 as Court Cluster Development, deleted 12-11-2002 by 12-3-2020 by Ord. No. 2346Ord. No. 1944, added 10-25-2006 by Ord. No. 2055 as Stormwater Control; amended 3-5-2007 by Ord. No. 2063; 1-7-2009 by Ord. No. 2113; 12-3-2020 by Ord. No. 2346; 6-6-2024 by Ord. No. 2469]
§ 21-55.14.1 Scope and Purpose.
[Added 6-6-2024 by Ord. No. 2469]
a.
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.
b.
Purpose.
The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in subsection 21-55.14.2.
c.
Applicability.
1.
This section shall be applicable to the following major developments:
2.
This section shall also be applicable to all major developments undertaken by the Township of Ocean.
3.
Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
d.
Compatibility with Other Permit and Ordinance Requirements.
Development approvals issued pursuant to this ordinance 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 ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This section 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 ordinance 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.
§ 21-55.14.2 Definitions.
[Added 6-6-2024 by Ord. No. 2469]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this ordinance 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 section shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference.
§ 21-55.14.3 Design and Performance Standards for Stormwater Management Measures.
[Added 6-6-2024 by Ord. No. 2469]
This section 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.
§ 21-55.14.4 Solids and Floatable Materials Control Standards.
[Added 6-6-2024 by Ord. No. 2469]
a.
Site design features identified under subsection 21-55.14.3 above, or alternative designs in accordance with subsection 21-55.14.3 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 subsection 21-55.14.4a2 below.
1.
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:
(a)
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
(b)
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.
(c)
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.
2.
The standard in subsection 22-55.14.4a1 above does not apply:
(a)
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;
(b)
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;
(c)
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:
(1)
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
(2)
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).
(d)
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
(e)
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.
§ 21-55.14.5 Safety Standards for Stormwater Management Basins.
[Added 6-6-2024 by Ord. No. 2469]
a.
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section 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.
b.
Safety Ledge Illustration.
 |
§ 21-55.14.6 Requirements for a Site Development Stormwater Plan.
[Added 6-6-2024 by Ord. No. 2469]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at subsection 21-55.14.6c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards set forth in this section.
3.
The applicant shall submit 16 copies of the materials listed in the checklist for site development stormwater plans in accordance with subsection 21-55.14.6c.
b.
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 section.
c.
Submission of Site Development Stormwater Plan.
The following information shall be required:
1.
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 one inch equals 200 feet 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 manmade features not otherwise shown.
2.
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.
3.
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.
4.
Land Use Planning and Source Control Plan.
This plan shall provide a demonstration of how the goals and standards of subsection 21-55.14.3 are 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.
5.
Stormwater Management Facilities Map.
The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a)
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.
(b)
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.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in subsection 21-55.14.3.
(b)
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.
7.
Maintenance and Repair Plan.
The design and planning of the stormwater management facility shall meet the maintenance requirements of subsection 21-55.14.7.
8.
Waiver from Submission Requirements.
The municipal official or board reviewing an application under this ordinance may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Section VI.C.1 through VI.C.6 of this ordinance 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.
§ 21-55.14.7 Maintenance and Repair.
[Added 6-6-2024 by Ord. No. 2469]
a.
Applicability.
Projects subject to review as in Section I.C of this ordinance shall comply with the requirements of Section VII.B and VII.C.
b.
General Maintenance.
1.
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
2.
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:
(a)
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
(b)
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.
3.
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.
c.
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.
d.
Escrow Account for Stormwater Management Maintenance and Repair.
1.
Owner shall fund and maintain, and the Township f Ocean shall hold, a Balance of Escrow monies equal in amount (Escrow Principal) to the estimated cost of two annual Township inspections of the on-site stormwater management system plus the estimated cost of one year's routine maintenance as set forth in the Maintenance Manual for the Stormwater Management System, appended hereto; these cost estimates and Escrow Principal being adjusted for all years of the life of this Agreement, beyond the first, in accordance with paragraph (b) below. The following shall apply to the payment and/or disposition of Escrow monies:
(a)
Owner shall deposit Escrow money with the Township in the amount required to raise current Escrow Balance to equal the required Escrow Principal for the forthcoming calendar year on, or before, January 31 of each calendar year of the life of this Agreement. Additionally, owner shall deposit Escrow money with the Township within 30 days of notification by the Township, that its Escrow Balance requires supplementation to be brought to the full value of the Escrow Principal for the present calendar year.
(b)
The amount of the Escrow Balance to be maintained (Escrow Principal) during any calendar year shall be adjusted annually, in January of the year, by multiplying the Escrow Principal of the prior calendar year by a multiplier equal to the greater of either:
1.03 or the ratio: (CPI-W Nov/CPI-W Nov-12)
Where CPI-W is the Consumer Price Index for urban wage earners and clerical workers in the New York-Northern NJ-Long Island (i.e., NY-NJ-CT-PA) area published by the Bureau of Labor Statistics of the U.S. Department of Labor and the subscript "Nov" indicates the index for the November immediately prior to the adjustment while the subscript "Nove-12" indicates the index for the December 14 months prior to the adjustment.
(c)
Escrow monies of Owner may be used by the Township to pay or reimburse itself, its agent and/or its assigns, for any loss, cost or expense incurred in connection with actions authorized and taken under the terms of this Agreement.
§ 21-55.14.8 Penalties.
[Added 6-6-2024 by Ord. No. 2469]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this ordinance shall be subject to the penalties as prescribed in § 21-65 of the Comprehensive Land Development Ordinance of the Township of Ocean.
§ 21-56 REQUIREMENTS FOR SUBMISSION FOR DEVELOPMENT APPLICATIONS.
[Adopted 1-8-1992 by Ord. No. 1564]
The following is a list of items and details to be supplied with the various development applications which are submitted for approval to a Municipal Agency of the Township of Ocean. The following documents shall be provided for development application review. In some circumstances, additional information beyond these requirements may be required of the applicant by the Municipal Agency. Such additional items shall be provided promptly in order to facilitate prompt action on the part of the Municipal Agency. The Municipal Agency shall also have the right to waive certain details if a specific request is made by the applicant and agreed to by the agency. Surveys, the general plan, grading and utility plans, landscaping plans, architectural plans and elevations may be indicated on separate drawings and documents. The required items and details are primarily for the use of the Municipal Agency to establish criteria required to make decisions and recommendations. The following items shall be required.
§ 21-56.1 Items Required for All Development Applications.
[Adopted 1-8-1992 by Ord. No. 1564; 12-12-1992 by Ord. No. 1610]
The requirements herein shall not apply to applications for minor site plan that are presented to the Minor Site Plan Committee.
a.
Title, key map location of development and the name and address of the owner of record and the applicant.
b.
Certification from the Tax Collector that all taxes and assessments are paid to date.
c.
The proposed use or uses of the land and buildings.
d.
Scale and graphic scale shall be indicated on every sheet.
e.
North arrow, in same direction on all sheets.
f.
A list of all variances and waivers being requested by the applicant.
g.
Payment in full of all required application fees and establishment of any required escrow account.
h.
A list of any required permits or applications required by any other governmental agency.
i.
An affidavit of ownership of the subject property.
j.
Proper completion of the appropriate application forms required by the Municipal Agency.
§ 21-56.2 Items and Details Required for Preliminary Site Plan Approval for Minor or Major Site Plans.
[Adopted 1-8-1992 by Ord. No. 1564; 12-12-1992 by Ord. No. 1610]
The requirements herein shall not apply to applications for minor site plan that are presented to the Minor Site Plan Committee.
a.
Site plans shall be drawn by a New Jersey licensed surveyor, civil engineer, architect, landscape architect or municipal planner. Surveys can only be done by a New Jersey licensed land surveyor, and improvements to or adjacent to the site can only be done by a New Jersey licensed engineer or architect. Each professional shall sign the site plan and seal it.
b.
Site plans should be presented at a scale no smaller than one inch equals 50 feet. All site plans shall be prepared using a conventional "engineer's scale." Architectural plans may be prepared utilizing an "architect's scale". The size of sheets should not exceed 36 inches by 24 inches.
c.
Initial submission shall consist of a total of three copies of all plans and application forms. Once an application is deemed complete, in compliance with the Municipal Land Use Law, an additional 13 copies of all plans and application forms shall be submitted prior to 21 days before the public hearing on the application. All plans shall be folded to a size not to exceed 10 inches by 14 inches.
d.
A survey of the property prepared by a licensed surveyor of New Jersey, showing boundaries of properties, line of all existing streets and roads, easements, rights-of-way and areas dedicated to public use on or directly adjacent to the site. Also indicate on this sheet the north arrow, scale in feet and graphic scale, name and address and professional license number and seal of the person who prepared the survey.
e.
Names of all owners of record of all adjacent properties with lot and block numbers, and parcel number, within 200 feet of the property.
f.
A schedule of Zone requirements as well as what the application correspondingly proposes. Said schedule shall include, but not be limited to: total lot area, buildable lot area, lot width, lot frontage, lot depth, principal and accessory building setbacks, lot coverage, parking space size and numbers, and percentage of landscaped area.
g.
Show existing and proposed buildings with dimensions, show the first floor elevations, and present and finished grade elevations at all corners and entrances. Existing buildings and structures to be removed are to be indicated.
h.
Submit topographic map to delineate existing contours at two-foot intervals, up to 10 feet beyond property lines, as well as proposed grading and contours, floodplains, ponds, streams and drainage ditches, etc.
i.
Show all wooded areas which are to be retained, as well as the location of all trees six inches or greater in diameter which are located within areas to be disturbed and within 30 feet of any area proposed to be disturbed. All six inch or greater diameter trees so indicated shall be identified as to diameter and species.
j.
Indicate the location of all existing and proposed structures, i.e., walls, culverts, bridges, roadways, parking areas, etc., with grade elevations for each structure. Dimensions shall be shown on the plans for the size and location of each structure.
k.
Indicate existing zones of the development site and of any different zones within 200 feet of the property.
l.
The distance of the property line (measured along the center line of existing street abutting the property) to the nearest driveway and nearest intersection.
m.
The boundaries of the property, building and setback lines, lines of existing streets, lots, reservations, easements and areas dedicated to public use. Dimensions shall be indicated on the plans for all of these items, where appropriate.
n.
Indicate locations of all utility structures and lines, including telephone, power and light, water, sewer, gas, etc., whether privately or publicly owned, with manholes, pipe sizes, grades, inverts and directions of flow. The location of fire prevention facilities including service lines, hydrants, Siamese connections, automatic sprinkler systems, fire zones, "no parking" fire zones and pavement and wall signs shall be shown.
o.
A Stormwater Management Plan as required under Subsection 21-55.14.
[Amended 10-25-2006 by Ord. No. 2055]
p.
A sedimentation and erosion control plan as required by the Freehold Soil Conservation District.
q.
Show, on a key map, contiguous lots owned by the applicant or owner of record, or in which the applicant has a direct interest.
r.
Indicate all means of vehicular ingress and egress to and from the site onto public streets, showing the size and location of driveways, curb cuts and curbing, sight lines and radii. All items shall be dimensioned.
s.
Show the design of off-street parking areas. All parking spaces, setbacks of parking areas, and aisle widths shall be dimensioned.
t.
Show and dimension any truck loading and unloading zones, platforms and docks.
u.
Indicate and dimension trash disposal and recyclable materials storage areas.
v.
Show provisions for screening of equipment and storage areas, attached or separate from buildings.
w.
Indicate all existing or proposed exterior lighting (free-standing and/or on building) for size, nature of construction, lumens, heights, area and direction of illumination, footcandles produced, as well as the time controls proposed for outdoor lighting and display.
x.
Note all existing and proposed signs. Architectural drawings of all signs are required. The location of all signs shall be dimensioned on the plans.
y.
Indicate locations, dimensions and construction of all pedestrian walkways and sidewalks on or directly adjacent to the site.
z.
A landscape plan.
aa.
Improvements to adjoining streets and roads, and traffic control devices necessary in streets or highways. Acceleration and deceleration lanes, paving, land dedication or acquisition for roads should be shown.
bb.
Copies of any easements, covenants and deed restrictions intended to cover any of the development site should be submitted.
cc.
Preliminary architectural drawings, including floor plans, basement plans, and elevations of any new or altered (including facade alterations) buildings or structures.
dd.
Appropriate places for signatures and date of approval of the Township Engineer, Chairman and Secretary of the Municipal Agency.
ee.
A minimum of one soil boring shall be taken on all sites up to one acre in area with one additional boring for each additional acre or portion thereof. The borings shall be taken at representative locations on site to the satisfaction of the Municipal Engineer. If stormwater recharge or detention facilities are proposed, a boring shall be taken at the location of the proposed facility, said borings being included in the total count of required borings. Representative borings shall be made to a minimum depth of 10 feet. Borings in recharge or detention areas shall be to a minimum depth of 20 feet below finished surface grade or five feet below the bottom of the proposed facility, whichever is deeper. Boring logs shall be submitted as part of the site plan.
ff.
A written description of the proposed operations in the buildings including the number of employees or members; the number of square feet of enclosed building space, the proposed number of shifts to be worked and the maximum number of employees on each shift; expected truck and tractor-trailer traffic; emission of noise, glare, air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design.
gg.
The completion of the Green Development Checklist which was approved by the Township of Ocean Governing Body via Resolution No. 21-177 on September 9, 2021. This Checklist is mandatory, however, compliance with the Checklist items is not a condition of approval. This checklist will assure that further commercial and civic development is consistent with the Township of Ocean's desire to create a more sustainable community.
[Added 12-9-2021 by Ord. No. 2373]
§ 21-56.3 Items and Details Required for All Final Site Plans.
[Adopted 1-8-1992 by Ord. No. 1564]
Final site plan details are primarily a refinement of the preliminary details by providing final engineering and architectural information which will be classified as site plan construction details.
a.
All items and details required on the preliminary site plan with complete accuracy.
b.
Evidence that all taxes and assessments against the site have been paid.
c.
If any changes from the preliminary site plan have been made, submit an approved preliminary site plan showing those changes highlighted.
d.
Initial submission shall consist of a total of three copies of all plans and application forms. Once an application is deemed complete, in compliance with the Municipal Land Use Law, an additional 13 copies of all plans and application forms shall be submitted prior to 21 days before the public hearing on the application. All plans shall be folded to a size not to exceed 10 inches by 14 inches.
§ 21-56.4 Items and Details Required for Amended Site Plans.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
A marked up copy of the previously approved plan showing all proposed changes shall be submitted. Upon approval of the amended site plan by the municipal agency, the applicant shall submit a final revised site plan properly signed and sealed.
b.
Site plans should be presented at a scale no smaller than one inch equals 50 feet. All site plans shall be prepared using a conventional "engineer's scale." Architectural plans may be prepared utilizing an "architect's scale". The size of sheets should not exceed 36 inches by 24 inches.
c.
Initial submission shall consist of a total of three copies of all plans and application forms. Once an application is deemed complete, in compliance with the Municipal Land Use Law, an additional five copies of all plans and application forms shall be submitted prior to 21 days before the public hearing on the application. All plans shall be folded to a size not to exceed 10 inches by 14 inches.
d.
All taxes and assessments on the property shall be paid.
§ 21-56.5 (Reserved).
[Deleted 2-14-2001 by Ord. No. 1883, Items and Details Required for All Minor Subdivision Applications]
§ 21-56.6 Items and Details Required for All Minor Subdivisions and Preliminary Major Subdivision Applications.
[Adopted 1-8-1992 by Ord. No. 1564, amended 2-14-2001 by Ord. No. 1883, 10-25-2006 by Ord. No. 2055]
Items and details required for all minor subdivisions and preliminary major subdivision applications shall include:
a.
Initial submission shall consist of a total of three copies of all plans and application forms. Once an application is deemed complete, in compliance with the Municipal Land Use Law, an additional 13 copies of all plans and application forms shall be submitted prior to 21 days before the public hearing on the application. All plans shall be folded to a size not to exceed 10 inches by 14 inches.
b.
All plans should be presented at a scale no smaller than one inch equals 50 feet. All site plans shall be prepared using a conventional "engineer's scale." Architectural plans may be prepared utilizing an "architect's scale". The size of sheets should not exceed 36 inches by 24 inches.
c.
The general location of facilities, site improvements, and lot layouts prepared, signed and sealed by a licensed professional engineer, surveyor, planner or architect.
d.
The design and construction details of any public improvements including street pavements, curbs, sidewalks, sanitary sewage and storm drainage facilities. This plan shall be prepared by a licensed professional engineer only.
e.
The location of the proposed site and approximate area of the subdivision in relation to the entire Township.
f.
A Title block, including:
1.
Name and location of the project.
2.
Name of firm who prepared the plan.
3.
Full name of professional engineer, surveyor, architect or planner.
4.
The title Professional Engineer, Land Surveyor, Architect or Professional Planner.
5.
License or certificate number, handwritten signature, seal, and date signed and sealed.
6.
If the project includes the work of any other licensed professional, not under the immediate supervision of the principal engineering firm, a subtitle block of that professional firm or individual must appear on all plans involving that profession.
g.
Name, address, block and lot of all property owners within 200 feet of the extreme limits of the subdivision.
h.
Acreage of tract to be subdivided to the nearest 10th of an acre. For sites less than one acre, the square footage of the tract to be subdivided to the nearest square foot.
i.
Proposed number of lots or dwelling units and type.
j.
Sufficient elevations or contours to determine the general slope and natural drainage of the land to points extending 50 feet beyond the subdivision boundary.
k.
Subdivision boundary line or lines (heavy solid line).
l.
The location of all wooded areas which are to be retained, as well as the location of all trees six inches or greater in diameter which are located within areas to be disturbed and within 30 feet of any area proposed to be disturbed. All six inch or greater diameter trees so indicated shall be identified as to diameter and species.
m.
Street rights-of-way of the subdivision and within 200 feet of its boundaries, including:
o.
A Stormwater Management Plan as required under Subsection 21-55.14.
[Amended 10-25-2006 by Ord. No. 2055]
p.
The location of all other utility structures including but not limited to, water lines and sanitary sewers on the subdivision and within 200 feet of its boundaries.
q.
Marshes, ponds, streams, wetlands and land subject to periodic flooding in the subdivision and within 50 feet of its boundaries, showing the location and area covered and indicating apparent high water level.
r.
The location of existing exceptional natural features such as, but not limited to, rock formations, and slopes exceeding 12% to the proper scales both within and adjacent to the proposed site.
s.
Lot layout, including:
1.
Lot lines and dimensions of each lot to the nearest foot.
2.
Front building setback lines (dashed) and their dimensions from the street.
3.
Existing zoning and boundaries thereof. If the entire subdivision and lands within 200 feet of its boundaries are totally contained within one zone, this information may be shown in the key map.
4.
Identification of lots or parcels of land to be reserved or dedicated to public use, if any.
5.
Easements and restricted areas with notation as to purpose of restrictions.
t.
Buildings and other structures located on/or within the parcel to be subdivided and 50 feet of its boundaries. Setbacks of all principal and accessory buildings and structures shall be dimensioned on the plat.
u.
Soil boring information which shall contain the following data and be certified by a professional engineer.
1.
Date, location and soil profile of all soil borings, including ground water elevation. One boring shall be required for each acre to be subdivided.
2.
Locations shall include critical conditions and areas where drainage structures requiring seepage are to be constructed.
3.
Soil borings are to be taken to a minimum of 10 feet below existing or proposed grade, whichever is deeper. A minimum of one additional soil boring shall be taken for each stormwater retention or detention basin proposed within the subdivision, said boring being taken to a minimum depth of 10 feet below the proposed bottom elevation of the basin.
§ 21-56.7 Items and Details Required for the Submission of Final Subdivision Applications.
[Adopted 1-8-1992 by Ord. No. 1564]
Items and details required for the submission of final subdivision applications shall include all requirements for applications for preliminary approval as well as the following:
a.
A final subdivision map, showing metes and bounds of the subdivision and all lots and parcels within the subdivision, prepared, signed, and sealed by a licensed land surveyor. The final plat shall be drawn in ink on Mylar at a scale not smaller than one inch equals 50 feet and in compliance with all the requirements of the New Jersey Map Filing Law and for filing a map with the County Recording Officer and shall be designed in compliance with the provisions of this chapter. The final plat shall be accompanied by the same information required for preliminary approval in addition to the following:
1.
Each block and lot shall be numbered in conformity to existing Tax Map procedures.
2.
The building address number for each proposed building lot of the subdivision in accordance with existing Township building address numbering requirements and regulations based on the width of lots of the subdivision as required by the Zoning Ordinance of the Township.
3.
Bearings and distances of all lot lines, and radii, are distances and central angles of all curves. All distances shall be calculated and shown to the nearest one hundredth of a foot.
4.
Proposed final contours at two-foot intervals extending to 25 feet beyond the boundary of the subdivision. Existing contours at five-foot intervals must be shown extending 25 feet beyond the boundary of the subdivision.
5.
Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement for the dedication of streets, alleys, easements and other rights-of-way and any lands for public use.
6.
At least one corner shall be tied into a U.S.G.S. benchmark. The reference meridian (north arrow) shall be identified as true or magnetic. Monuments, lot corners and other survey points shall be located and described.
7.
When approval of plat is required by an officer or body of the County or State, approval shall be certified on the plat.
b.
Final engineering plans and utility plans, prepared by a licensed professional engineer, at the same scale and as required on the preliminary plat.
c.
Initial submission shall consist of a total of three copies of all plans and application forms. Once an application is deemed complete, in compliance with the Municipal Land Use Law, an additional 13 copies of all plans and application forms shall be submitted prior to 21 days before the public hearing on the application. All plans shall be folded to a size not to exceed 10 inches by 14 inches.
§ 21-56.8 Extensions for Site Plan or Subdivision Approval.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
Initial submission shall consist of a total of three copies of all plans and application forms. Once an application is deemed complete, in compliance with the Municipal Land Use Law, an additional eight copies of all plans and application forms shall be submitted prior to 21 days before the public hearing on the application. All plans shall be folded to a size not to exceed 10 inches by 14 inches.
b.
Certification from the Tax Collector that all taxes and assessments are paid to date.
§ 21-56.9 Checklist for Minor Site Plan Subcommittee Review.
[Added 12-12-1992 by Ord. No. 1610, amended 11-20-1995 by Ord. No. 1716]
a.
Original and six copies of the application forms, signed and notarized;
b.
Owners consent for the application to be made if the applicant is not the owner of the subject site;
c.
Application fee and escrow fees, if required, paid;
d.
Certification from the Tax Collector that all taxes are paid to date;
e.
Seven copies of a survey of the property or a previously approved site plan showing the following:
1.
Boundaries of the property;
2.
Lines of all currently existing buildings, streets, roads, drives, parking areas, reservations, easements, rights-of-way, and areas dedicated to public use;
3.
Location of all proposed buildings, structures, and/or improvements with spot elevations as necessary;
4.
Architectural elevations for any changes to the building facade, roofline, or extension;
5.
Name, address, professional license number, and seal of the preparer of the plan or survey if, in the opinion of the Planning Administrator, a sealed plan is required.
All plans must be collated, stapled, and folded to a dimension not the exceed 10 inches x 12 inches.
f.
Written description of the proposed operation of the site; and
§ 21-57.1 Performance Guarantee Estimate.
[Adopted 1-8-1992 by Ord. No. 1564, amended 10-16-1996 by Ord. No. 1751]
An Itemized Performance Guarantee Estimate shall be prepared by the Township Engineer setting forth all requirements for improvements as fixed by the Municipal Agency and their estimated cost in connection with those site plans, subdivisions, and single lot development requiring public improvements. The governing body shall pass a resolution either approving or adjusting this performance guarantee estimate. The Township shall provide a copy of the performance guarantee estimate and resolution to the applicant for use in obtaining and posting said guarantee.
§ 21-57.2 Approval by the Township Attorney.
[Adopted 1-8-1992 by Ord. No. 1564, amended 10-16-1996 by Ord. No. 1751]
The developer shall present two copies of the performance guarantee for approval as to form and substance by the Township Attorney for which the owner or developer shall pay the Township such an amount as to cover the costs of preparation of the developer's agreement and review of the performance guarantee. A copy of the Itemized Performance Guarantee Estimate shall be appended to each performance guarantee posted by the obligor.
§ 21-57.3 Guarantees Required; Surety; Release.
[Adopted 1-8-1992 by Ord. No. 1564, amended 10-16-1996 by Ord. No. 1751]
a.
The performance guarantee and subsequent maintenance guarantee shall be in such form and amounts as authorized by N.J.S.A. 40:55D-53, of the Municipal Land Use Law. 10% of the amount of the approved performance guarantee estimate shall be deposited by the developer in cash with the Township of Ocean. The remaining 90% shall be in the form of a performance bond, cash or letter of credit, in which the subdivider shall be principal. If a bond is posted, the bond must be provided by an acceptable surety company licensed to do business in the State of New Jersey. Any security as may be permitted by the Municipal Land Use Law and accepted by the Township of Ocean must be approved by the Township Attorney.
The amount of performance guarantee, the amount of the maintenance guarantee, time extensions, and courses of action of the Township either upon completion of the subdivision or upon failure to complete the subdivision shall be in accordance with Section 40:55D-53 of the provisions of the Municipal Land Use Law.
b.
In situations where a development only creates one buildable residential lot, the performance guarantee to be submitted to the Township need only be 30% of the full amount of the performance guarantee requirements set forth in the Municipal Land Use Law and applicable Township ordinances providing said performance guarantee is in the form of cash for the full 30%.
[Amended 3-5-2007 by Ord. No. 2063]
c.
Performance guarantees relative to any and all sanitary sewer construction shall be posted separately with the Township of Ocean Sewerage Authority.
§ 21-57.4 Inspections and Tests.
[Adopted 1-8-1992 by Ord. No. 1564]
All improvements and utility installation shall be inspected during the time of their installations under the supervision of the Township Engineer to insure satisfactory completion. The cost of said inspection shall be the sole responsibility of the developer and the fees in connection therewith are set forth under this chapter.
a.
In no case shall any paving work including seal coats be done without permission from the Township Engineer prior to any such construction so that a representative of the Township Engineer's Office may be present at the time the work is to be done.
[Amended 9-18-1996 by Ord. No. 1748]
b.
The Township Engineer's Office shall be notified prior to each of the following phases of work having been completed so that he or a qualified representative may inspect the work:
1.
Road subgrade.
2.
Storm drainage facilities.
3.
Curb and gutter forms.
4.
Curb and gutters.
5.
Driveways.
6.
Road paving prior to each course of pavement and seal coat.
7.
Sidewalk forms.
8.
Sidewalks.
9.
Drainage pipes and other drainage structures before back filling.
10.
Shade trees and planting strips.
11.
Street name signs.
12.
Streetlighting.
13.
Monuments.
The Township of Ocean Sewerage Authority shall be notified prior to the construction of any portion of the sanitary sewer system so that an authorized representative of the Sewerage Authority Engineer may inspect the work.
[Amended 9-18-1996 by Ord. No. 1748]
c.
A final inspection of all improvements and utilities will be made to determine whether the work is satisfactory and in agreement with the approved final plat drawings and the Township specifications. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release the performance guarantee covering such improvements and utilities.
d.
Inspection by the Township of Ocean of the installation of improvements and utilities by the developer shall not operate to subject the Township of ocean to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence, during construction, or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the developer and his contractors, if any.
e.
After completing the construction of the public improvements covered by the performance guarantee, the developer shall prepare a set of the approved public improvement and utility plans and the profiles amended to read "as constructed". The developer shall send a certified letter to the Township Clerk as required under the Municipal Land Use Law, N.J.S.A. 40:55D-53, requesting a release of the performance guarantee. The Township Clerk shall forward this request to the Township Engineer. The Township Engineer shall report to the governing body on the condition of the work and recommend that the performance guarantee be released, reduced, extended or declared in default.
[Amended 10-16-1996 by Ord. No. 1751]
§ 21-58 MAINTENANCE GUARANTEE.
[Adopted 1-8-1992 by Ord. No. 1564, amended 10-16-1996 by Ord. No. 1751]
After completing the construction of the improvements as required under this chapter, and prior to the acceptance of any streets by the Township of Ocean for maintenance, the developer owner shall file with the municipality a maintenance guarantee in the form of a surety bond, letter of credit, or such other security as may be permitted by the Municipal Land Use Law and accepted by the Township of Ocean, that all improvements will remain in a satisfactory condition for a period of two years. The amount of such guarantee shall be established by the governing body acting on the advice of the Township Engineer and the form thereof shall be approved by the Township Attorney, but shall not exceed 15% of the total performance guarantee estimate, including amendments thereto.
§ 21-59 COMPREHENSIVE GENERAL LIABILITY INSURANCE.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
Procedure. The developer shall file with the governing body a comprehensive general liability insurance policy at the same time as he files his performance guarantee. The Township Attorney shall approve the policy for form. The policy shall be of the same term as the performance guarantee and shall be extended in conformance with any extension of the performance guarantee.
b.
Coverage. The policy shall insure the Township of Ocean and the developer and shall cover all operations in the development involving existence and maintenance of property and buildings and contracting operations of every nature including all public improvements. Said policy shall have limits of liability of $500,000 for bodily injury to each person and $1,000,000 liability on the aggregate, for each accident, and property liability of $50,000 for each accident and $100,000 aggregate property damage liability.