Toms River City Zoning Code
§ 348-6.9
Preliminary plat of major subdivision.
A.
Required documents. Prior to issuance of a certificate of completeness or scheduling of a preliminary 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:
(2)
Application for preliminary Ocean County Planning Board approval.
(3)
Application for preliminary Toms River Sewerage Authority approval.
(4)
Application for land disturbance permit.
(5)
Application for Bureau of Fire Prevention approval.
(6)
Copy of application for granting of a Coastal Area Facility Review Act (CAFRA) permit, where required and if submitted.
(7)
Application for tree removal permit, where required.
(8)
Traffic Safety Officer's report, where required.
(9)
Application for floodplain encroachment permit, where required.
(10)
Application for municipal and/or state wetlands permit, where required.
(11)
Other submittals which may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(12)
The application for development for a preliminary plat of a major subdivision shall include a request for the granting of any variances required or other approvals required from the Planning Board.
(13)
Required application fees.
(14)
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
B.
Plat requirements.
(1)
General requirements. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plat shall be based on a land survey conducted not more than five years prior to the date of application and certified to the subdivider and shall be drawn at a scale of not less than 100 feet to the inch, for subdivisions up to 100 acres in size and not less than 200 feet to the inch for subdivisions over 100 acres in size and shall show or be accompanied by the information specified below.
(2)
Title block. The title block shall appear on all sheets and shall include:
(a)
The title of "preliminary plat — Major Subdivision."
(b)
Name of subdivision, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(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 shall bear the embossed seal of said engineer and land surveyor.
(3)
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(4)
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.
(5)
Zone boundaries and the names of all owners, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Township of Toms River, or of the municipality of which the property is a part.
(6)
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.
(7)
Contours.
(a)
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.
(b)
Ninety percent of elevations interpolated from contour lines will be within 1/2 the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest 0.1 foot and accurate to within 0.3 foot.
(c)
Ninety percent 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.
(8)
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.
(9)
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.
(10)
The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs, ponds and riparian zones within the proposed subdivision and within 200 feet thereof.
[Amended 12-12-2017 by Ord. No. 4562-17]
(11)
The layout of the proposed subdivision drawn in compliance with the provisions of this chapter.
(12)
All existing and proposed public easements or rights-of-way and the purposes thereof, and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.
(13)
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.
(14)
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.
(15)
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).
(16)
North arrow and basis therefor and written and graphic scales.
(17)
Preliminary utility layouts showing methods of connection and sources of service.
(18)
The proposed location and area, in acres or square feet, of all proposed common open space areas.
(19)
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.
(20)
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.
(21)
Preliminary on-site grading and drainage plan.
(a)
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.
(b)
The plan shall outline the approximate area contributing to each inlet.
(c)
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.
(d)
The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in this chapter.
(22)
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:
(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)
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.
(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, tentative plans of that system shall be shown.
(23)
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.
(24)
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:
(a)
Borings shall be spaced evenly throughout the tract.
(b)
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.
(c)
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.
(d)
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.
(e)
Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest 0.1 foot.
(f)
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.
(25)
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.
(26)
Sectionalization and staging plans. The preliminary sectionalization and staging plan showing the following:
(a)
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. In no instance shall any single section of a subdivision include more than 100 lots.
(b)
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.
(27)
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:
(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.
(28)
The location of proposed depressed pedestrian ramps and other facilities for the handicapped.
(29)
Such other information as the Planning Board and/or Planning Board Engineer may require or request during the review of the preliminary plat.
(30)
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.
[Added 9-14-1982 by Ord. No. 2116]
C.
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 required reproduction fee.
(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)
Preliminary Toms River Sewerage Authority approval, if not previously granted.
(e)
Bureau of Fire Prevention approval, if not previously granted.
(f)
Publication of a notice of decision by the applicant.
(g)
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.
D.
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:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved as a preliminary plat of a major subdivision by the Toms River Township Planning Board on ___________________. | ||
______________________ Chairperson | ||
Attest: | ||
_______________________ Secretary | ______________________ Date | |
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 Chairperson 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. After signature, the preliminary plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant. |
E.
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 and § 348-3.1J(5) of this chapter.
F.
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 Township 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 Township 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 Township 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.