The subdivider shall observe the following requirements and principles of land subdivi in the design of each subdivision or portion thereof
A. General. The subdivision plat shall conform to design standards that will encourage sound development patterns within the City. The subdivision shall conform to all proposals and conditions shown on the Master Plan of the City. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on the Master Plan shall be considered in approval of subdivision plats. Where specific proposals are not included in the Master Plan, all streets and drainage rights-of-way shall be on the final plat in accordance with N.J.S.A. 40:55D-38 through 40:55D-41 and 40:55D-44 and will be of such design as will, in the opinion of the Planning Board, lend themselves to the harmonious development of the City and enhance the public welfare in accordance with the following design standards. [Amended 10-27-1998 by Ord. No. 36-98]
B. Streets. The arrangement of streets not shown on the Master Plan shall be as determined by the Planning Board to meet the following criteria:
(1) Where appropriate, existing streets abutting the subdivision shall be extended and incorporated into the design of the tract. sion
(2) Minor and marginal access streets shall be designed as to discourage through traffic.
C. Required widths.
(1) Right-of-way widths (shall be measured from lot line to lot line), graded widths and paving widths shall be not less than the following unless otherwise indicated on the Master Plan:
(1) The widths of internal streets in a multifamily, business or industrial development designed as a whole in accordance with a comprehensive site plan shall be determined by the Planning Board in each case in light of the circumstances in the particular situation and with a view to assuring the maximum safety and convenience of access for traffic and firefighting equipment, circulation and parking, including provisions for the loading and unloading of goods.
D. No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Council under conditions approved by the Planning Board.
E. Subdivisions that adjoin or include existing streets that do not conform to width as shown on the Master Plan or the street width requirements of this chapter shall dedicate sufficient additional width along either one or both sides of the road to comply with such requirements.
F. The longitudinal grade of proposed streets shall not be less than 0.5% and shall not exceed 4% in the case of major and collector streets and 10% in all other cases. All streets shall have a crown of not less than six inches.
G. Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60 . The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet.
H. Street jogs with center line offsets of less than 125 feet shall be prohibited.
I. When connecting street lines deflect from each other at any point by more than 10 and not more than 45, they shall be connected by a curve with the radius of the street line of not less than 100 feet for minor streets and 300 feet for arterial and collector streets. Any horizontal curve or change in direction of a minor street from 45 to 180 , other than an intersection, shall have a minimum radius of the street line of 150 feet. Collector and arterial streets in this case shall have a minimum radius of 300 feet.
J. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
K. Dead-end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet on the property line and a minimum of a thirty-six-foot cartway radius and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made of future extension of the street and reversion of the excess right-of-way to the adjoining properties.
L. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
A. Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by Chapter 345, Zoning and to provide for convenient access, circulation control and safety of street traffic.
B. In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkways shall be 10 feet wide and be straight from street to street.
C. For commercial group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
A. Lot dimensions and area shall not be less than the requirements of Chapter 345, Zoning.
B. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C. Each lot must front on an approved street which meets the requirements of this chapter
D. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
E. 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 Planning Board may, after adequate investigation, withhold approval of such lots.
A. Where appropriate, easements along rear property lines or elsewhere for utility installation may be required; such easements shall be of a width deemed appropriate by the City Engineer and located in consultation with the companies and/or municipal departments concerned.
B. Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such width or construction, or both, as will be adequate for the purpose as determined by the Planning Board.
C. Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.
The applicant, in addition to the requirements of §300-11G, shall observe the following requirements and principles when designing the drainage facilities for the proposed subdivision:
A. General. All areas of the City of Long Branch shall be classified into three drainage categories as shown on the attached map incorporated herein: Coastal Areas, Ocean Boulevard Areas and Upland Areas. The following guidelines shall apply to all of the foregoing categories:
(1) Evaluation of downstream system. A physical evaluation of the condition of existing systems shall be provided by the subdivider for a distance of at least 300 feet downstream. The evaluation shall include, as a minimum: size, evaluations, siltation and structural conditions of the downstream area and systems.
(2) Compliance with Phase I, Master Drainage Plan of the City of Long Branch. All applicants will be required to comply with the requirements of Phase I of the Master Drainage Plan of the City of Long Branch, dated February 1985, prepared by T & M Associates, City Engineers.
(3) Detention requirements. All basins shall be designed for a twenty-five-year storm capacity and be able to maintain existing flows for the two-, five- and ten-year storms. Basins shall be designed using the Modified Rationale for sites 15 acres or less and TR 55 for those over 15 acres. Existing conditions will be calculated assuming the site is unpaved. Emergency overflows shall be provided. The site grading shall be such that the site floods before the public road system.
(4) The one-hundred-year flood elevation must be established on the subdivision map submitted.
(5) The applicant shall, to the extent practical, minimize impervious areas and use porous pavement and porous landscaping.
(6) Major trunk lines shall be designed for at least a fifty-year storm.
B. Special provisions for coastal areas. Drainage systems shall be analyzed for a ten-year storm against a one-year tide. If the applicant plans to connect the proposed drainage system to an existing system, the existing system shall also be evaluated for the same combination of events for the drainage area to it and the proposed system designed accordingly.
(1) The one-year tides shall be as follows:
(a) Ocean equals 6.0 NGUD 1929.
(b) Branchport Creek equals 5.1 NGUD 1929.
(c) Manahassett Creek equals 5.1 NGUD 1929.
(2) If the site conditions indicate an analysis of the frequencies set forth in Subsection B(1) above impractical, the applicant shall have the burden of demonstrating the effect of this storm and why the required design cannot be accomplished.
(3) Residential areas draining to Branchport Creek and Manahassett Creek should be designed to handle a two-year storm combined with a one-year tide and evaluated with a ten-year storm against a one-year tide.
(4) Requiring of detention basins by the City Engineer will be determined by the capacity of the downstream system to handle the flows. Outfalls directly to tidal area will not require detention.
C. Special provisions for Ocean Boulevard areas.
(1) Drainage systems in the Ocean Boulevard areas shall comply with the same requirements as coastal areas except:
(a) Detention shall be required for all developments in the Ocean Boulevard area.
(b) Backwater elevations will be provided to the applicant for the basin nearest the site (along Ocean Boulevard) for use in backwater analysis. Basins shall be designed in accordance with the requirements set forth in Subsection A(3) herein.
D. Special provisions for upland areas. The applicant shall provide the calculations showing the capacity of the downstream system to adequately handle the additional flow. Detention requirements will be required on a project-to-project basis upon the recommendation of the City Engineer, based on the capacity calculations. The site shall be designed to handle a twenty-five-year storm.
Materials designated in Chapter 293, Solid Waste, for mandatory recycling shall be separated from other solid waste by the generator, and a storage area of recyclable material shall be provided as follows:
A. For all subdivision applications for single-family units, the applicant shall provide a storage area of at least 12 square feet in each dwelling unit to accommodate a four-week accumulation of mandated recyclables (including but not limited to newspapers, glass bottles, aluminum cans and tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen.
B. For all multifamily subdivision applications, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one-week accumulation of mandated recyclables (including but not limited to newspapers, glass bottles, aluminum cans and tin and bimetal cans). The storage area may be located in the laundry room, garage or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
A. Failure to obtain approval. If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell as owner or agent any land which forms a part of a subdivision on which, by ordinance, the Planning Board and the Council are required to act, such person shall be punishable as provided in Chapter 1, General Provisions, Article I. [Amended 10-27-1998 by Ord. No. 36-98]
B. Civil action.
(1) In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under Section Three of the Official Map and Building Permit Act (1953), the City may institute and maintain a civil action:
(a) For njunctive
(b) To set aside and invalidate any conveyance made pursuant to such a contract or sale if the certificate of compliance has not been issued in accordance with Section 24 of Chapter 433 of the Laws of 1953.
(2) In any such action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land, or within six years if unrecorded.
A. The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of a subdivision three years preceding the effective date of N.J.S.A. 40:55D-56 may apply in writing to the Construction Code Official for a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
B. The Construction Code Official shall make and issue such certificate within 15 days after the receipt of such written application and fees therefor. He shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
C. Each certificate shall be designated a 'certificate as to approval of subdivision of land" and shall certify:
(1) There exists in the City a duly established Planning Board and there is an ordinance controlling subdivision of land pursuant to Chapter 291, P.L. 1975.
(2) Whether the subdivision, as it related to the land shown in the application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision. The Construction Code Official shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected shall be paid by him to the City.
A. These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the City. Any action taken by the Council and the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community.
B. In the event that any section, subsection, paragraph or definition in this chapter shall conflict with any provisions of the State BOCA Code, the Uniform Construction Code or any other state or federal statute, rule or regulation, and the municipality is prohibited by said statute, rule or regulation from adopting stricter standards, then, in that case, the Planning Board shall exercise its jurisdiction in reviewing the application or applications before it is based on the applicable state or federal statute, rule or regulation.
A. Policy statement.
(1) It is hereby determined that the waterways within the City of Long Branch are at times subjected to flooding, that such flooding is a danger to the lives and property of the public; that such flooding is also a danger to the natural resources of the City of Long Branch, the county and the state; that development tends to accentuate flooding by increasing stormwater runoff, due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of real property contributes increased quantities of waterborne pollutants, and tends to increase channel erosion; that such increased flooding, increased erosion, and increased pollution constitutes deterioration of the water resources of the City of Long Branch; the county and the state; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of stormwater runoff from such development.
(2) It is therefore determined that it is in the public interest to regulate the development of real property and to establish standards to regulate the additional discharge of stormwater runoff from such developments as provided in this chapter. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural best management practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans 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 water quality, quantity, and groundwater recharge.
B. Purpose. It is the purpose of this article to establish minimum stormwater management requirements and controls for major development, as defined in §300-23.1.
C. Applicability.
(1) This article shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
(a) Nonresidential major developments; and
(b) Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(2) This article shall also be applicable to all major developments undertaken by the City of Long Branch.
D. Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this article are to be considered an integral part of development approvals under the subdivision and site plan review process 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 article shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This article 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 article 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.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES -- Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
CAFRA PLANNING MAP -- The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
CORE -- A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY -- An agency designated by the Monmouth County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A. A county planning agency; or
B. A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT -- The New Jersey Department of Environmental Protection.
DESIGNATED CENTER -- A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER -- A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT -- The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA -- A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
ENVIRONMENTALLY CRITICAL AREAS -- An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EMPOWERMENT NEIGHBORHOOD -- A neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
EROSION -- The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE -- A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION -- The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT -- Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY -- The City of Long Branch.
NODE -- An area designated by the State Planning Commission concentrating facilities and activities, which are not organized in a compact form.
NUTRIENT -- A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON -- Any individual, corporation, company, partnership, firm, association, the City of Long Branch, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT -- Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE -- The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT -- Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE -- The lot or lots upon which a major development is to occur or has occurred.
SOIL -- All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) -- An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP -- The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER -- Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER RUNOFF -- Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN -- An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE -- Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
TIDAL FLOOD HAZARD AREA -- A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
TIME OF CONCENTRATION -- The time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.
TOTAL SUSPENDED SOLIDS -- The sum of dissolved and undissolved solids and particulate matter of a buoyancy and/or specific gravity that prohibits their settling in runoff.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD -- A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES -- A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA -- Previously developed portions of areas:
A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1),
Designated Centers, Cores or Nodes;
B. Designated as CAFRA Centers, Cores or Nodes;
C. Designated as Urban Enterprise Zones; and
D. Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE -- The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND -- An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
