[Added 8-8-2005 by Ord. No. 32-05]
A. Disclosure requirements.
(1) Any applicant for a variance pursuant to N.J.S.A. 40:55D-70d or a variance pursuant to N.J.S.A. 40:55D-70c in conjunction with any application for a subdivision not considered a minor subdivision pursuant to local ordinance or a site plan not considered a minor site plan pursuant to local ordinance as well as any application for a subdivision not considered a minor subdivision pursuant to local ordinance or site plan not considered a minor site plan pursuant to local ordinance requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51 shall include in the application contribution disclosure statements for all developers; all associates of said developers who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and all professionals who apply for or provide testimony, plans, or reports in support of said variance and who have an enforceable proprietary interest in the property or development which is the subject of the application or whose fee in whole or part is contingent upon the outcome of the application. Regardless of whether the owner of the property which is the subject of the variance application falls in any of the categories established in the preceding sentence, the applicant shall include in the application a contribution disclosure statement for said owner.
(2) During the pendency of the application process until final site plan approval is granted, any applicant required to comply with this section shall amend its contribution disclosure statements to include continuing disclosure of all contributions within the scope of disclosure requirement of the above paragraph.
B. Inclusion of contribution disclosure statements as an element of the application checklist.
(1) An application checklist ordinance is hereby adopted pursuant to N.J.S.A. 40:550-10.3 to require that the contribution disclosure statements specified in Subsection A of this section be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
(2) The Township Planning Board and Board of Adjustment shall amend their application checklists for variances pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance to include the contribution disclosure statements specified in Subsection A of this section.
(3) An application shall not be deemed complete by the administrative official or accepted for public hearing by the municipal agency until the required contribution disclosure statements are submitted.
C. Availability of the disclosure statement. All contribution disclosure statements shall be available in the office of the administrative officer for review by any member of the public.
D. Intent of the disclosure statement. It is the intent of this section that the disclosure statement shall serve to inform the public and not serve as evidence relevant to the decision criteria for variance applications pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
A. Required documents. Prior to the 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:
(1) Proof from the Tax Office that real estate taxes and local assessments have been paid to date.
(2) Proof of submission to the Ocean County Planning Board.
(3) Proof of submission to the Ocean County Board of Health.
(4) Proof of submission to the Ocean County Soil Conservation District.
(5) Proof of submission to the Jackson Township Municipal Utilities Authority.
(6) Proof of submission to the Jackson Township Bureau of Fire Prevention.
(7) Proof of submission to the Jackson Township Environmental Commission.
(8) Application for a floodplain encroachment permit, where required.
(9) Application for a state wetlands permit, where required.
(10) Other submittals which may be required by the Planning Board Engineer, Planning Board or federal, state or local laws.
(11) A request for the granting of any variances, waivers or other approvals required from the Planning Board.
(12) Payment of the required application and escrow fees.
(13) Eighteen copies of a plat and attachments meeting the requirements set forth below. [Amended 4-23-2001 by Ord. No. 12-01]
B. Plat requirements.
(1) General requirements. All plats containing proposals or design 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. The outbound survey shall be in New Jersey State Plane Coordinates, North American Datum, 1983. To assure the compatibility of the survey data and the Geographic Information System (GIS) in the course of development in the Township, the basis of bearings for all surveys must be stated in the New Jersey Plane Coordinate System, as adopted by state statutes and standards. The subdivision plat must contain a factual statement indicating the control monuments and methodologies used to establish the bearing system. Bearings shall be stated in degrees, minutes and seconds (as a whole integer). Survey distances defining the property and plane coordinate values of the description point of beginning and one other property corner shall be stated. Property surveys must close mathematically in all cases. Coordinated positions, bearings and distances, including the methodology for their establishment, must meet or exceed the published standards for Third Order, Class I accuracy. [Amended 6-8-1998 by Ord. No. 16-98]
(2) Title block. The title block shall appear on all sheets and shall include:
(a) 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 plat and all revisions thereto.
(e) Name(s) and address(es) of the 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/or land surveyor.
(3) A key map, at a scale of not less than one inch equals 2,000 feet, which shall be based on a reproduction of the Tax Map sheet, or portions thereof, and shall show the subject site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or municipal boundary within 500 feet of the property in question.
(4) The names and addresses of all owners of and property lines of parcels within 200 feet of the site, including properties across the street, as shown by the most recent records of the Township of Jackson or of the municipality of which the property is a part. The list of property owners shall also indicate the use of all parcels within 200 feet of the subject site.
(5) 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 open space and recreation acreage provided.
(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 National Geodetic Vertical Datum 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 shall 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 shall 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 preliminary 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 easement 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, wetlands and ponds within the proposed subdivision and within 200 feet thereof.
(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 widths.
(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 minus -0% and plus +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.
(17) Written and graphic scales.
(18) Preliminary utility layouts showing methods of connection and sources of service.
(19) The proposed location and area, in acres and square feet, of all proposed open space areas.
(20) 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 may be set.
(21) The tentative plat shall show, on the property to be subdivided and within 200 feet thereof, 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.
(22) A preliminary on-site grading and drainage plan containing the following shall be submitted:
(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 National Geodetic Vertical Datum, 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.
(23) 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 basins 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.
(24) 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.
(25) 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 state, 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 seasonal high water table is found to be six feet or more below the proposed or existing grade at all boring locations.
(c) In addition to the above, in those areas where the seasonal high water table is found to be six feet or less below the existing or proposed grade, one additional boring per acre, or portion thereof, shall be required. If the construction of homes with basements is contemplated, at least one boring shall be located on each lot within the building setback lines.
(d) 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 and shall indicate the estimated seasonal high water table depth taking soil mottling into consideration.
(e) Based on the borings, the preliminary plat shall clearly indicate all areas having a seasonal high 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.
(26) 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.
(27) If the Planning Board Engineer and/or Planning Board 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 18 inches' diameter or more at breast height.
(b) All living coniferous trees having a trunk of 12 inches' diameter or more at breast height.
(c) All living flowering dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of three inches' diameter or greater 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) For an application creating seven or more new lots, an environmental impact statement (EIS) shall be provided which addresses the requirements set forth in § 244-189 of this chapter.
(30) A tree-save plan shall be submitted, which generally outlines the limits of tree removal and disturbance and location of any specimen or extraordinary trees.
(31) A traffic impact study shall be submitted which addresses the requirements set forth in § 244-218 of this chapter.
(32) Sectionalization and staging plans. A 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 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 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.
(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.
(33) The applicant shall submit such other information as the Planning Board and/or Planning Board Engineer may require or request for the review of the preliminary plat.
(34) 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.
C. Conditions of approval.
(1) Any approval of an application for a preliminary plat of a major subdivision shall be subject to the following conditions being satisfied, within 18 months from the date of approval by the Planning Board, prior to the signing of the plat:
(a) Ocean County Planning Board approval, if not previously granted.
(b) Ocean County Board of Health approval, if not previously granted.
(c) Ocean County Soil Conservation District approval, if not previously granted.
(d) Jackson Township Municipal Utilities Authority approval, if not previously granted, or a letter of no interest.
(e) Jackson Township Bureau of Fire Prevention approval, if not previously granted.
(f) Jackson Township Environmental Commission review, if not previously received.
(g) Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local laws.
(h) Payment of the required reproduction fee, pursuant to § 244-12 of this chapter.
(i) Submission of additional prints of the plat and attachments for distribution, if required.
(2) The Planning Board may also condition its preliminary approval upon the applicant's providing for certain revisions or additions to the final plat submission.
(3) An extension of the eighteen-month period within which to comply with the conditions of approval imposed by the Board may be granted by said Board for a period of time it determines.
D. Certification. In the event that the application for a preliminary plat of a major subdivision is approved, a certificate to that effect shall be endorsed as the preliminary plat.
E. Resolution of compliance. Upon approval of the preliminary plat of a major subdivision by the municipal agency, the applicant shall submit, to the Office of Planning and Zoning, the original Mylar and seven paper prints, all with the stamp of approval of the Ocean County Planning Board and the signature of the Chairman of the Ocean County Planning Board. The Office of Planning and Zoning shall transmit the original Mylar and the seven prints to the Township Engineer, who shall be responsible for reviewing the plat for compliance with the resolution of approval adopted by the municipal agency. After said review, the Township Engineer shall retain one print, send one print to the applicant's engineer and return five prints and the original Mylar of the plat to the Office of Planning and Zoning for signature by all appropriate municipal officials. Upon being signed by Township officials, the plat shall be picked up by the applicant. The Office of Planning and Zoning shall retain five prints of the plat for its records and for distribution to various municipal offices.
F. Effect of preliminary approval.
(1) Preliminary approval of a major subdivision shall, except as otherwise provided herein, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a) That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layouts and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as they relate to public health and safety.
(b) That the applicant shall submit for final approval within three years after the date of preliminary approval or any extensions. If no application for final approval is submitted within such time, then the preliminary approval shall be deemed void. [Amended 7-14-2003 by Ord. No. 18-03]
(c) That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards shall govern.
(2) In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection F(1)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised by ordinance, such revised standards shall govern.
G. Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing or grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board Engineer that all of the following have been satisfied:
(1) 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.
(2) The required inspection fees shall be paid.
(3) 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 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 areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within public right-of-way or easements.
(4) Final design plans for the details required in § 244-27B(8) through (14) and (17) shall be submitted to and approved by the Planning Board Engineer.
