Pine Beach City Zoning Code
ARTICLE XIII
Subdivisions
[Added 7-8-1980 by Ord. No. 80-06-278]
§ 175-65 Approval required.
Prior to the subdivision or resubdivision of land within the Borough of Pine Beach and as a condition of filing of subdivision plats with the County Recording Officer, a resolution of approval of the Planning Board is required, and no building permit for any structure to be erected on subdivided land shall be issued without compliance with the provisions of this chapter.
§ 175-66 General provisions. [1]
A.
Subdivision shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter but only if no new streets are created as a result thereof:
(1)
Divisions of property upon Court order.
(2)
Conveyances so as to combine existing lots by deed or other instrument.
B.
The term "subdivision" shall also include the term "consolidation," and a consolidation shall include the combination of existing lots into one or more but less than the original number of lots; provided, however, that no consolidation shall be permitted for multiple dwellings.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
§ 175-67 Minor subdivisions.
A subdivision classified as a minor subdivision shall meet the following requirements:
A.
It shall contain not more than three lots.
B.
It shall have frontage on an existing street.
C.
It shall not involve any new street or road nor the extension of municipal facilities.
D.
It shall not adversely affect the development of the remainder of the parcel or adjoining property.
E.
It shall not be in conflict with any provisions or portions of the Master Plan, Official Map or this chapter.
§ 175-68 Major subdivisions.
All subdivisions not classified as minor subdivisions shall be deemed to be major subdivisions and the procedures applicable thereto shall be as hereinafter set forth.
A.
Multiple dwellings are prohibited in major subdivisions.
B.
At the time of filing a submission for major subdivision approval, the applicant shall pay a nonrefundable fee to the Borough of Pine Beach by certified check, bank money order, cashier's check or attorney's trust account check in accordance with the fee schedule set forth in § 175-11 of this chapter. Proposals involving more than one use shall pay a fee equal to the sum of the fees for such elements.
C.
Performance guaranties, inspection fees and maintenance guaranties shall be in addition to the fees applicable to subdivision applications.
§ 175-69 Major subdivision application procedures.
Eight copies of the building and landscaping plans and such other information shall be filed with the Borough Planning Board. If the applicant proposes to develop the property in successive stages, similar detail plans shall be submitted and approved by the Borough Planning Board for each portion of the applicant's property. Plans and information shall include the following:
A.
A map drawn to scale, showing the location, boundaries, dimensions and ownership of the area to be included in such proposed development.
B.
A statement outlining the uses to be included, the general program of development and other pertinent information with respect to the proposed development.
C.
A plan showing the land areas to be allocated to major use groups, access to public streets, buffer provisions and other such information which can be shown in final form. In addition, such plans shall show, in tentative form at least, the applicant's concept of the general layout of the entire area proposed to be developed and its relationship to surrounding areas.
D.
The location, use, design, dimensions and height of each proposed building or structure.
E.
The location and arrangement of vehicular accessways and the location, size and capacity of all areas to be used for off-street parking, loading and unloading.
F.
The location and dimensions of sidewalks, walkways and all other areas to be devoted to pedestrian use.
G.
The design and treatment of buffer areas and screening devices to be maintained, including dimensions of all areas devoted to planting, lawns, trees or other landscaping devices.
H.
Provisions for water supply, storm drainage and sewerage disposal.
I.
Sufficient data to indicate the effects of the proposed development in producing traffic congestion and safety hazards and sufficient additional data to enable the Planning Board to determine compliance with the design requirements set forth in this and other pertinent sections of this chapter.
J.
A study to be prepared by a person or firm approved by the borough at a fee to be paid by the applicant for the purpose of analyzing the land areas allocated to major use groups, access to public streets, buffer provisions, the applicant's concept of the general layout of the entire area to be developed and its relationship to surrounding areas and the data required in Subsections A and I above, together with such other factors relating to the content of this chapter as may be suggested by the Planning Board. Such study shall also include recommendations on the design and plan and provide a cost revenue analysis of the proposed project, showing the relationship of the cost of municipal services to be rendered to such project compared to the anticipated revenue to be received by the municipality from such project.
§ 175-70 Area and design regulations.
A.
Area and design regulations shall conform to this chapter and amendments.
B.
There shall be no building more than 2 1/2 stories in height. Multiple dwellings are prohibited.
§ 175-71 Design requirements.
[Added 9-25-1995 by Ord. No. 95-13-477; amended 12-28-2006 by Ord. No. 06-17-645]
A.
Blocks.
(1)
The block length, width and acreage within bounding roads shall be such as to accommodate the size and dimensions of lots required for zoning district by this chapter and to provide for convenient access, circulation control and safety of vehicles and pedestrians.
(2)
Block lengths may vary between 500 and 3,000 feet, but blocks along other than local, local collector, minor collector or major collector streets shall not be less than 1,200 feet long.
(3)
Interior crosswalks with a right-of-way 20 feet wide containing a sidewalk of four feet or greater in width and fenced on both sides may be required for blocks longer than 1,200 feet, from the ends of the culs-de-sac to adjacent streets and elsewhere as required by the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers, without the necessity of crossing traffic thoroughfares.
B.
Buffer areas, screening, landscaping and shade trees.
(1)
Buffer areas. All uses, other than single-family detached and two-family detached dwellings and their accessory uses (except as otherwise provided in this chapter), shall provide buffer areas along all side and rear property lines which abut areas zoned residentially including single-family detached and along front property lines on local, local collector, minor collector and major collector streets which abut areas zoned for such residential uses.
(2)
If a home professional office, home occupation or an accessory use to a single-family detached requires 10 or more off-street parking spaces, the Planning Board shall consider the need for a buffer area and may require that buffer areas of 20 feet in width be provided along side and rear property lines adjacent to such accessory use and/or off-street parking.
(3)
If a proposed single-family detached subdivision abuts a major collector or minor or principal arterial highway or an area zoned for or occupied by other uses, the Planning Board shall consider the need for buffer areas and may require:
(a)
That a buffer strip not exceeding 25 feet in width be provided and maintained in its natural state and/or suitably planted with screening and landscaping, or
(b)
That other suitable means of separation be provided.
C.
Concrete requirements.
(1)
All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the Standard Specifications for the various classes of concrete used, except that the twenty-eight-day compressive strength of the concrete used shall not be less than the following:
Type of Concrete | Strength (pounds per square inch) |
|---|---|
Class A | 4,500 |
Class B | 3,500 |
Class C | 3,000 |
Class D | 2,500 |
(2)
Unless specific written permission is obtained from the Borough Engineer to the contrary, only concrete obtained from dry-batch redi-mixed trucks will be allowed.
D.
Curbs.
(1)
General requirements. Curb shall be constructed along both sides of every street within a development. Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat. Where one side of the development boundary is along an existing street, the curb shall be constructed only on the development side. Curbs shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the Standard Specifications. Preformed bituminous cellular-type joint filler, 1/2 inch thick, cut to match the cross section of the curb, shall be used at all expansion joints at intervals not greater than 20 feet. Intermediate plate joints shall be provided at intervals not exceeding 10 feet. At places where a concrete curb abuts portland cement concrete pavement, joints in the curb shall be placed to match the paving joints, and intermediate joints shall be placed so as to create equal curb panels not longer than 20 feet. Curb cross sections shall be as shown in Figure 3. The requirement of the Standard Specifications regarding curing precautions must be strictly observed.
 |
(2)
Timing of curb construction. In areas with bituminous concrete pavement, required curb and/or curb and gutter shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs and/or combination curb and gutter which are not suitable for acceptance shall be made prior to construction of the final pavement wearing course. In those areas having portland cement concrete pavement, the curb shall be constructed after the construction and curing of the portland cement concrete pavement.
(3)
Alternate curb types. In certain instances it may be necessary or desirable to construct alternate curb types. For example, these may be required by the Planning Board on the perimeter of channelizing islands or in the areas of unusually heavy gutter drainage flow, or may be desired by the developer for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval.
E.
(1)
Type of pavement. All roadways shall be constructed with either a bituminous concrete flexible-pavement structure or a portland cement concrete rigid-pavement structure. Only one type of pavement shall be utilized throughout any development.
(2)
Pavement structure design.
(a)
The pavement structure design for each particular development utilizing either a flexible- or rigid-pavement type shall be the responsibility of the developer or his engineer. The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Borough Engineer.
(b)
As minimum requirements, rigid portland cement paving shall be joint type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Details of the New Jersey Department of Transportation, shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of 6 1/2 inches for local, local collector and minor collector streets and eight inches for other classifications. Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for local, local collector and minor collector streets, having a minimum wearing surface of not less than 1 1/2 inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than 2 1/2 inches and a dense graded aggregate base course and an to provide the remaining depth; and an equivalent structural depth of at least 13 inches for other street classifications, having a minimum wearing surface of not less than two inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than three inches and a dense graded aggregate base to provide the remaining depth. Bituminous stabilized base may be substituted for aggregate base on a 1:3 ratio (stabilized base to aggregate base), all in accordance with the applicable requirements of the Standard Specifications.
(3)
Subgrades. All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements. Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted. The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer. In certain cases, special treatment may be required because of the character or nature of the subsoil. Such special treatment may include lime or cement stabilization, wet excavation or construction of underdrainage fields. Any proposal by the developer to stabilize subgrade shall be subject to the approval of the Borough Engineer.
(4)
Subbase and/or aggregate base courses. Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the Standard Specifications. Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described. Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Type 5, Class A, or Type 2, Class A or B. Portland cement concrete pavements must be constructed with a minimum of six inches of a granular-type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, Type 4, Class E. Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.
(5)
Bituminous base courses.
(a)
Bituminous base courses for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications, except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four inches.
(b)
Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.
(6)
Bituminous pavements. Bituminous pavements shall consist of a bituminous concrete surface course, Type FABC-1, in accordance with the requirements of the Standard Specifications. The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Borough Engineer. Any areas of the base course in need of repair shall be removed and replaced at the direction of the Borough Engineer. If the Borough Engineer directs, a leveling course of FABC material shall be placed on any uneven or below-grade base courses prior to the placement of finished pavement. No pavement surfaces shall be placed unless permission to do so has been granted by the Borough Engineer.
(7)
Concrete pavements. Concrete pavements shall be constructed in accordance with the requirements of the Standard Specifications. Expansion joints shall be New Jersey State Department of Transportation Type A expansion joints. The developer may submit, at the time of the submission of the preliminary plat, an alternate expansion joint detail. The use of such an alternate detail must be recommended by the Borough Engineer and approved by the Planning Board. Where existing concrete roadways are being widened as the result of the development of abutting properties, the widened pavement shall be required to be of portland cement concrete. The remaining pavement in the development may, if the subdivider elects, be bituminous concrete. This will be an exception to the requirements that all pavement constructed within a development be of one type.
(8)
Alternate pavement types. In areas where alternate pavement types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions, or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement types proposed shall be submitted for approval with the preliminary and/or final plat. The use of alternate pavement types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use, and if the Borough Engineer has inspected the installation of and tested and approved a suitable sample section of such pavement. In the event that the Borough Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the Planning Board.[1]
[1]
Editor's Note: Former Subsection F, Storm drainage facilities, was superseded by Ord. No. 2025-01-815. See now Ch. 149, Stormwater Control.
§ 175-71.1 Sketch plat of major subdivision.
[Added 9-25-1995 by Ord. No. 95-13-477]
A.
Submission optional. Applicants are encouraged to submit a sketch plat of a major subdivision during the early design stages containing that information necessary to form a basis for discussion of alternatives for development. A detailed review of a sketch plat will minimize the necessity of major revisions in the more detailed preliminary plat submission. Application fees paid at the sketch plat submission stage will be deducted from the required application fees at the preliminary plat stage if submittal of the preliminary plat is made within one year from the date of sketch plat approval.
B.
Required documents. Prior to issuance of a certificate of completeness or scheduling of a sketch plat of a major subdivision for public hearing before the Planning Board, the Administrative Officer shall determine that the following have been submitted in proper form:
(1)
Application fees.
(2)
Six copies of the plat and attachments meeting the requirements set forth below (to the extent that the Planning Board determines such information is necessary to evaluate the proposal and discuss alternatives).
C.
Plat requirements.
(1)
General requirements. The sketch plat shall be based on a land survey, a deed plotting, the current Tax Map or other suitable base map and shall be drawn at a scale not less than 100 feet to the inch.
(2)
Title block. The title block shall appear on all sheets and shall include:
(a)
Title of "Sketch Plat - Major Subdivision."
(b)
Name of the subdivision, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Tax Map, the date of which should also be shown.
(d)
Date of original and all revisions.
(e)
Names and addresses of owner and subdivider so designated.
(f)
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. The plat should bear the embossed seal of said engineer and/or land surveyor.
D.
Detailed information.
(1)
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or borough boundary which is within 500 feet of the subdivision.
§ 175-71.2 Preliminary plat requirements.
[Added 9-25-1995 by Ord. No. 95-13-477]
A.
Title block.
(1)
The title of "Preliminary plat - Major Subdivision."
(2)
Name of subdivision, if any.
(3)
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Tax Map, the date of which shall also be shown.
(4)
Date of original and all revisions.
(5)
Names and addresses of owner and subdivider, so designated.
(6)
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.
B.
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or borough boundary which is within 500 feet of the subdivision.
C.
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and the dimensions and percentage of recreation acreage provided.
D.
Zone boundaries and the names of all owners, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Borough of Pine Beach, or of the municipality of which the property is a part.
E.
The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question. The date of the survey and the name of the person making the same shall be shown on the map.
F.
Contours.
(1)
Existing one foot interval contours based on United States Coast and Geodetic Survey data (MSL=0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a two foot interval may be used, and if the slopes exceed 10%, a five foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.
(2)
90% of elevations interpolated from contour lines will be within 1/2 the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest 0.1 foot and accurate to within three-tenths foot.
(3)
90% of all planimetric features shown on the map will be within 1/40 inch of their true position, and no planimetric features will be out of true position more than 1/20 inch at map scale when referenced to the nearest field established station. A statement of compliance and/or a complete statement concerning any areas of noncompliance with this requirement shall be placed on the tentative plat.
G.
All existing streets, watercourses, floodplains, floodways and flood areas within the proposed subdivision and within 200 feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street, existing public easements and Township borders within 200 feet of the subdivision.
H.
All existing structures, an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain.
I.
The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds within the proposed subdivision and within 200 feet thereof.
J.
The layout of the proposed subdivision drawn in compliance with the provisions of the chapter.
K.
All existing and proposed public easements or right-of-way and the purposes thereof, and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.
L.
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
M.
The acreage of the drainage area or areas of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.
N.
All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified should be accurate to within -0% and +4% [for example, a lot line specified as 250 feet long should not be less than 250 feet but may be as long as 260 feet].
O.
North arrow and basis therefor and written and graphic scales.
P.
Preliminary utility layouts showing methods of connection and sources of service.
Q.
The proposed location and area, in acres or square feet, of all proposed common open space areas.
R.
The types and locations of all stakes, marks or flagged points, if any, placed on the property to aid in on-site inspections. The Planning Board may require that the marks or stakes, as a minimum, be placed at the intersection of all lines of the tract boundary with existing streets, at the center of all culs-de-sac, at all internal street intersections, along street tangents at intervals not exceeding 500 feet and at such additional locations as the Planning Board may deem necessary. The locations indicated on the plat shall be accurate within plus or minus 10 feet. Any traverse lines cut out and/or marked on the site shall be shown on the plat. If such on-site points, as above discussed, have not been established at the time of submission of a tentative plat, the Planning Board may give the subdivider 15 days' notice of the date of any proposed site inspection by the Board, so the points can be set.
S.
The tentative plat shall show, on the property to be subdivided and within 200 feet of that property, all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.
T.
Preliminary on-site grading and drainage plan.
(1)
The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one foot intervals, except that if slopes exceed 5%, a two foot interval may be used, and if they exceed 10%, a five foot interval is permissible. Data shall be United States Coast and Geodetic Survey data (MSL=0), and the source of data shall be noted.
(2)
The plan shall outline the approximate area contributing to each inlet.
(3)
All proposed drainage shall be shown with preliminary pipe types and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and all watercourses shall be shown.
(4)
The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in this chapter.
U.
Preliminary off-site drainage plan. The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards:
(1)
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(2)
Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.
(3)
To the extent that information is available and may be obtained from the county or municipal engineer(s), any existing plans for drainage improvements shall be shown.
(4)
In the event that a temporary drainage system is proposed, tentative plans of that system shall be shown.
V.
Preliminary center-line profiles showing all proposed drainage; all existing and proposed finished roadway grades; channel section details; pipe sizes, type and inverts; road crowns and slopes; and all other proposed drainage structures and connections shall be shown.
W.
Boring logs. Unless the Planning Board Engineer shall determine that fewer boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
(1)
Borings shall be spaced evenly throughout the tract.
(2)
One boring not less than 15 feet below the proposed grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land within a tract where the water table is found to be 10 feet or more below the proposed or existing grade at all boring locations.
(3)
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below the proposed or existing grade.
(4)
In addition to the above, in those areas where the water table is found to be five feet or less below the existing or proposed grade, two additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one boring will be located on each lot within the building setback lines.
(5)
Boring logs shall show soil types and characteristics encountered, ground water depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest one-tenth foot.
(6)
Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.
X.
The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Planning Board.
Y.
Sectionalization and staging plans. The preliminary sectionalization and staging plan showing the following:
(1)
If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Planning Board.
(2)
The sectionalization and staging plan shall identify for each lot or group of lots in the subdivision those improvements that will be completed prior to application for certificates of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the subdivision and adjoining properties.
Z.
If the Planning Board Engineer, Planning Board or Environmental Commission determines that specimen trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:
(1)
Living deciduous trees having a trunk of six inch diameter or more at breast height.
(2)
All living coniferous trees having a trunk of six inch or more diameter at breast height.
(3)
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height.
(4)
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
AA.
The location of proposed depressed pedestrian ramps and other facilities for the handicapped.
BB.
Such other information as the Planning Board and/or Planning Board Engineer may require or request during the review of the preliminary plat.
CC.
It is recognized that in certain instances, the uniqueness of a particular proposal may require the waiver of some of the information required herein. The Planning Board may consider and for cause shown may waive strict conformance with such of these plat map details and other engineering documents as it sees fit. Any developer desiring such action should present with his application for development a listing of all such waivers desired, together with the reasons therefor. It shall also be indicated on the plat map that this plan, as some plat map details and engineering documents are not so indicated on the plat map, will not be used for construction purposes.
DD.
Conditions of approval.
(1)
Any approval of an application for development for a preliminary plat of a major subdivision by the Planning Board shall be subject to the following conditions being satisfied prior to the signing of the plat:
(a)
Payment of reproduction fee, if required.
(b)
Submission of additional prints of the plat and attachments for distribution, if required.
(c)
Preliminary Ocean County Planning Board approval, if not previously granted.
(d)
Ocean County Soil Conservation Service.
(e)
Publication of notice of decision by the applicant.
(f)
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
(2)
The Planning Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions to the final plat submission.
EE.
Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certificate to that effect in this form:
 |
shall be endorsed as the preliminary plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. |
FF.
Applicant's rights upon approval. Approval of a preliminary plat shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49.
GG.
Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board and the Borough Engineer that such clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the subdivision is not undertaken and that required inspection fees have been paid and adequate performance guaranties have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvement is not completed and/or further development of the subdivision is not undertaken. Such performance guaranties shall include but are not limited to the cost to the Borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken which are within public rights-of-way or easements.
§ 175-71.3 Final plat of major subdivision.
[Added 9-25-1995 by Ord. No. 95-13-477]
A.
Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major subdivision for public hearing before the Planning Board, the Administrative Officer shall determine that the following has been submitted in proper form:
(1)
Application for final Ocean County Planning Board approval.
(2)
Application for final sewerage approval.
(3)
Application for Ocean County Soils permit.
(4)
Application for tree removal permit, where required.
(5)
Application for municipal and/or state wetlands approval, where required.
(6)
Application for floodplain encroachment permit, where required.
(7)
Application for stream encroachment permit, where required.
(8)
Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
(9)
A certificate of title, which may be in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
(10)
Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(11)
Unless waived by the Planning Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of Title 39 of the New Jersey Revised Statutes be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.
(12)
Required application fees.
(13)
Fifteen copies of the plat and attachments meeting the requirements set forth below.
B.
Plat requirements.
(1)
General requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the Planning Board within three years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for tentative plats shall apply to final plats with the addition of the specific additional requirements set forth herein.
(a)
A final plat shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, and shall include or be accompanied by the information specified herein.
(b)
All dimensions, both linear and angular of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance, and their description shall close within a limit of error of not more than one part in 10,000.
(2)
Purpose of final plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and becomes the basis for the construction of the subdivision and inspection by the Borough Engineer, other officials and Planning Board. The portion of the plat intended for filing must be recorded at the County Clerk's Office to have legal status.
(3)
Title block. The title block shall appear on all sheets and shall include:
(a)
Title of "Final Plat - Major Subdivision."
(b)
Development name, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which shall also be shown.
(d)
Date of original and all revisions.
(e)
Names and addresses of owner and subdivider, so designated.
(f)
The name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.
(4)
The final plat shall be based on a monumented, current, certified boundary survey. The date of the survey and the name of the person making the same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date. Any necessary revisions from the survey used as a base for the tentative plat shall be specifically noted.
(5)
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the dimensions and percentage of recreation acreage provided.
(6)
All design information submissions required by the provisions of the improvements and design standards portions of this chapter shall accompany the final plat.
(7)
A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Data shall be United States Coast and Geodetic Survey data (MSL=0), and the source of data shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of buildings and first floor and basement elevations.
(8)
The limits of all areas of proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.
(9)
On-site drainage plan.
(a)
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.
(b)
The plan shall outline each area contributing to each inlet.
(c)
All proposed drainage shall be shown with pipe types and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
(d)
The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards set forth herein.
(10)
Off-site drainage plan. The final plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
(a)
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b)
The pertinent off-site existing drainage shall be shown with elevations of inverts and grade to the nearest one-tenth foot.
(c)
To the extent that information is available and may be obtained from the county or municipal engineer(s), any existing plans for drainage improvements shall be shown.
(d)
In the event that a temporary drainage system is proposed, full plans of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details; pipe sizes, types, inverts, crowns and slopes; all proposed structures and connections; and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding 100 feet shall be shown for all open channels.
(11)
Center-line profiles of all proposed streets showing:
(a)
Existing and proposed finished grades and slopes.
(b)
Pipe sizes, slope, type, inverts and grate or rim elevations of drainage and sanitary sewage facilities.
(12)
Where required by the Borough Engineer, cross sections of proposed streets to at least 10 feet outside of any grading limit at intervals of at least every 100 feet, of all proposed streets.
(13)
The location, caliper and type of the following may be required to be shown on the plat for a tree removal permit:
(a)
Living deciduous trees having a trunk of six inch diameter or more at breast height.
(b)
All living coniferous trees having a trunk of six inch or more diameter at breast height.
(c)
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height.
(d)
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
(14)
The number, location and species of all proposed shade trees or other plantings.
(15)
Detailed utility layouts, specifications and cross sections (sewers, water, gas, electric, telephone, etc.), showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross section shall be sufficient. Layouts shall include proposed locations of streetlights and fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.
(16)
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits. In cases where all or a portion of a subdivision within the unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
(17)
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way; and to be reserved or dedicated to public use, all lot lines and site easement lines, with accurate dimensions and bearings and radii, tangents, chords, arcs and central angles of all curves and all front, rear and side (or yard) setback lines.
(18)
All monuments in accordance with Chapter 141 of the Laws of 1960 of the State of New Jersey, including all monuments found, monuments set and monuments to be set, and an indication of monumentation found and reset.
(19)
Certificate of engineer or land surveyor as to accuracy of the details of the plat.
(20)
Lot and block numbers shown on the final plat shall conform to the Borough Tax Map, or proposed revisions thereof, and shall be obtained by the applicant's engineer from the Borough Engineer. Proposed house numbers shall also be obtained from the Borough Engineer and shall be shown encircled on the final plat, or one of the attachments thereto. The Borough Engineer shall not affix his signature to the final plat unless the applicant has fully complied in this regard.
(21)
Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the Borough of Pine Beach and shall be approved by the Borough Engineer.
(22)
The location of areas dedicated for park and recreation facilities or common open space as approved by the Planning Board.
(23)
Unless waived by the Planning Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by, or in the opinion of the Borough Engineer be likely to be approved by, the New Jersey Department of Transportation. This plan shall be prepared in consultation with the Borough Engineer and the Pine Beach Police Department and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well-being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance.
(24)
Such other information as the Planning Board and/or Planning Board Engineer may request during review.
(25)
All plats submitted to the Planning Board for final approval shall comply with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.8, et seq.) and shall not contain more than 100 lots. Simultaneous consideration of approval of multiple final sections, each containing not more than 100 lots, may be entertained by the Board.
(26)
Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.
C.
Conditions of approval. Any approval of an application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within a period of time specified by the Planning Board, prior to the signing of the plat or issuance of a development permit.
(1)
Proof of payment of any outstanding real estate taxes.
(2)
Submission of additional prints of the plat map and attachments for distribution, if required.
(3)
Publication of a notice of the decision by the applicant.
(4)
Final Ocean County Planning Board approval, if not previously obtained.
(5)
Final sewerage approval, if not previously obtained.
(6)
Payment of required reproduction fees, if required.
(7)
Issuance of an Ocean County Soils permit.
(8)
Issuance of a tree removal permit, if not previously obtained.
(9)
Granting of state or municipal wetlands permit, if required.
(10)
Granting of a floodplain permit, if required.
(11)
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
(12)
Granting of a Coastal Area Facility Review Act (CAFRA) permit, where required.
(13)
Granting of drainage and/or access permits by the New Jersey Department of Transportation, where required.
(14)
Approval of any required riparian grants or licenses.
(15)
Granting of any required construction permits.
(16)
Posting of required performance guaranties. In the event that the development does not propose the construction of a new roadway, the Planning Board may, upon favorable recommendations of the Borough Engineer, permit the installation and approval of, or posting of performance guaranties for the installation of, any improvements required by the Planning Board.
(17)
Payment of required inspection fees. In the event that the development does not propose the construction of a new roadway, the Planning Board may, upon favorable recommendation of the Borough Engineer, reduce the required inspection fees.
(18)
Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Borough of Pine Beach and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision. The insurance policy shall provide for 30 days' notice to the Borough prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
(19)
Submission of an agreement from the applicant authorizing proposed roadways to be governed by State Statute Title 39, Subtitle 1.
(20)
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
D.
Certification. In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in this form:
 |
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairman and Secretary or Assistant Secretary of the Planning Board and the Borough Engineer (as to the Map Filing Law certification) after they receive a certification from the Administrative Officer that all conditions of approval have been satisfied. |
E.
Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the county recording officer a plat map drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 95 days from the date upon which the plat was signed by the Planning Board Chairman and Secretary or Assistant Secretary. The applicant shall, within one week after filing the subdivision with the county recording officer, notify, in writing, the Borough Engineer of the date of filing of the subdivision with the county recording officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map, indicating thereon the filing date, shall be obtained from the county recording officer by the Borough Engineer, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Planning Board for a period not to exceed 95 days for good cause shown.
F.
Applicant's rights upon approval. Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52.
G.
Display of final plat. The subdivider or his agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his offices and/or salesrooms from which sales in the approved subdivision are made so that prospective purchasers may have the opportunity to learn the special conditions, if any, under which approval was given.
§ 175-71.4 Major subdivision preliminary plat checklist. [1]
[Added 9-25-1995 by Ord. No. 95-13-477]
[1]
Editor's Note: Major Subdivision Preliminary Plat Checklist is included as an attachment to this chapter.
§ 175-71.5 Minor subdivision plat detail requirement checklist. [1]
[Added 9-25-1995 by Ord. No. 95-13-477]
[1]
Editor's Note: Minor Subdivision Plat Detail Requirement Checklist is included as an attachment to this chapter.
§ 175-71.6 Major subdivision final plat detail requirement checklist. [1]
[Added 9-25-1995 by Ord. No. 95-13-477]
If application is submitted in conjunction with a Preliminary plat of a Major Subdivision, please use both checklists.
[1]
Editor's Note: Major Subdivision Final Plat Detail Requirement Checklist is included as an attachment to this chapter.
§ 175-72 Utilities.
Each dwelling unit shall be provided with public water supply and sewerage disposal at the time of development. Electric service, telephone and cable television shall be supplied by underground installation. Adequate sewer trunking shall be provided throughout the subdivision in accordance with Ocean County Sewer Authority specifications and shall be checked by the Borough Engineer.
§ 175-73 Performance and maintenance guaranties.
Prior to the recording of a final subdivision plat, the granting of final site plan approval and as a condition to the issuance of any zoning permit required under this chapter pertaining to minor and major subdivisions and site plans, the applicant or developer shall:
A.
Furnish a performance guaranty in favor of the Borough of Pine Beach in an amount equal to 120% of the cost of installation for improvements, including but not limited to streets, grading, pavements, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.
B.
Provide for a maintenance guaranty to be posted with the Mayor and Council of the Borough of Pine Beach for a period of two years after final acceptance of the improvement in an amount equal to 15% of the cost of the improvement; provided, however, that in the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty shall be required by the Borough of Pine Beach for such utilities or improvements.
C.
Performance and maintenance guaranties shall be in the form of cash or surety bonds in form acceptable to the Borough of Pine Beach.
§ 175-74 Share of cost of off-tract improvement.
Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the owner or developer.
A.
For street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements, the owner's or developer's proportionate cost shall be in the ratio of the estimated peakhour traffic generated by the proposed development to the sum of the present deficiency in peakhour traffic capacity of the present facility and the estimated peakhour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
B.
For water supply facilities, including the installation of new water mains, storage, production or treatment facilities, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith, the owner's or developer's proportionate cost shall be in the ratio of the estimated daily use of water by the proposed development in gallons to the sum of the deficiency in gallons per day of the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
C.
For sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the owner's or developer's proportionate cost shall be in the ratio of the estimated daily flow of sewage from the proposed development in gallons to the sum of the present deficient flow capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow from the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute to the sum of the present peak flow deficiency in the existing system and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the owner or subdivider.
D.
For stormwater and drainage improvements, including the installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of the other appurtenances associated therewith, the owner's or developer's proportionate cost shall be in the ratio of the estimated peak surface runoff from the proposed development to be delivered into the existing system measured in cubic feet per second to the sum of the deficient existing peak flow in cubic feet per second for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies.
E.
Any improvements which may be required to or within any street or road fronting or bounding the property to be developed will be considered an on-site improvement, the cost of which shall be borne entirely by the developer.
