A. The Planning Board shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The Planning Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Construction Official in the enforcement or administration of this chapter.
C. Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to the Township Committee.
D. In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4) The importance of the services provided by the proposed facility to the community.
(5) The necessity to the facility of a waterfront location, where applicable.
(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(7) The compatibility of the proposed use with existing and anticipated development.
(8) The relationship of the proposed use with the Comprehensive Plan and floodplain management program of that area.
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
E. Upon consideration of the factors of
F. The Planning Board shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the provisions of
B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the New Jersey Register of Historic Places without regard to the procedures set forth in the remainder of this section.
C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. E. Variances shall only be issued upon:
(1) A showing of good and sufficient cause.
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances, cause fraud on or victimization of the public as identified in
F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
In all areas of special flood hazard, the following standards are required:
A. Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. [Amended 2-25-1987 by Ord. No. 12-1987]
B. Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. [Added 2-25-1987 by Ord. No. 12-1987]
D. Subdivision proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage.
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4) Base flood elevation shall be provided for subdivision and other proposed development which contain at least 50 lots or five acres, whichever is less.
E. Enclosure openings.
For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. [Added 2-25-1987 by Ord. No. 12-1987]
In all areas of special flood hazard, where base flood elevation data have been provided as set forth in
A. Residential construction.
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
B. Nonresidential construction.
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
(1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in
C. Mobile homes.
(1) Mobile homes shall be anchored in accordance with
(2) All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation. [Amended 2-25-1987 by Ord. No. 12-1987]
(3) (Reserved)
D. Floodways. Located within areas of special flood hazard established in
(1) Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless a technical evaluation demonstrates that encroachment shall not raise the base flood level more than 0.2 foot.
(2) If the provisions of Subsection D(1) are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of
(3) The placement of any mobile home except in an existing mobile home park or existing mobile home subdivision is prohibited.
The Township Committee reserves the right to amend, change, modify or repeal any regulations, limitations and restrictions of this chapter. No such amendment, change, modification or repeal shall be adopted until after a public hearing is held thereon by the Township Committee at which parties in interest and citizens shall have an opportunity to be heard.
In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building or structure is used in violation of this chapter or any regulations made pursuant thereto, the proper Township authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
This chapter shall be known and may be cited as the "Land Subdivision and Site Plan Ordinance of the Township of Egg Harbor."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision and site development in the Township of Egg Harbor in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[Amended 7-14-1993 by Ord. No. 30-1993]
A. The approval provisions of this chapter shall be administered by the Township of Egg Harbor Planning Board in accordance with Chapter 291 of the Laws of New Jersey, 1975.
B. In the Pinelands Area, no approval or permit shall be issued unless a development application conforms to the application and review procedures set forth in Chapter § 225, Article VIA, of this Code and the development standards set forth in Chapter § 225, Article VI, of this Code. All approvals issued by any local approval agency shall be subject to the notice and review provisions of Chapter § 225, Article VIA, of this Code.
[Amended 2-23-1983 by Ord. No. 4-1983; 2-24-1993 by Ord. No. 7-1993; 7-14-1993 by Ord. No. 30-1993]
For the purposes of this chapter, the terms used herein are defined as follows. The definitions contained in Article III of Chapter 94 and in § 225-3 of Chapter § 225 shall also apply.
ADMINISTRATIVE OFFICER - The Secretary of the Planning Board.
APPLICANT - A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to Chapter 291 of the Laws of New Jersey, 1975; in the Pinelands Area, any application filed with any permitting agency, for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in
APPROVING AUTHORITY - The Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey, 1975.
BOARD OF ADJUSTMENT - The Board established by Chapter
BUILDING - A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
CAPITAL IMPROVEMENT - A governmental acquisition of real property or major construction project.
CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits.
COMPLETE APPLICATION - An application form completed as specified by this chapter and the rules and regulations of the approving authority and all accompanying documents required by this chapter for approval of the application for development in accordance with N.J.S.A. 40:55D-10.3. In the Pinelands Area of the Township, an application for development approval shall not be deemed complete until, in the course of minor development, the applicant has presented evidence that a duplicate of copy of the application has been filed with the Pinelands Commission or, in the case of major development, a certificate of filing, as required N.J.A.C. 7:50-4.24, has been submitted.
CONDITIONAL USE - A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter
COUNTY MASTER PLAN - A composite of the Master Plan for the physical development of Atlantic County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD - The Planning Board of Atlantic County.
DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
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 other structure or of any mining, excavation, landfill or the clearing of 5,000 square feet or more of vegetation for nonagricultural purposes and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required.
DEVELOPMENT, PINELANDS AREA - The change or enlargement of any use or disturbance of land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
B. A reconstruction, alteration of the size or material change in the external appearance of a structure or land;
C. A material increase in the use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
D. Commencement of resource extraction, drilling or excavation on a parcel of land;
E. Commencement of forestry activities;
F. Deposit of refuse, solid or liquid waste or fill on a parcel of land;
G. In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions or waste material; and
H. Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
DEVELOPMENT REGULATION - A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto.
DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY - The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
FINAL PLAT - The final map of all or a portion of the subdivision, which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.
GOVERNING BODY - The Egg Harbor Township Committee.
HISTORIC SITE - Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to law.
INTERESTED PARTY
A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.
LAND - Includes improvements and fixtures on, above or below the surface.
LOT - A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION - Includes all subdivisions not classified as minor subdivisions.
MASTER PLAN - A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISION - Any subdivision containing not more than four lots fronting on an existing street, in the case of a Township street which has been accepted for maintenance by resolution of the Township Committee, not involving any new street, road or the extension of any off-tract improvements and not involving any lot or portion thereof previously subdivided within the past three years.
NONCONFORMING LOT - A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE - A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OFF-SITE - Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE - Located on the lot in question.
ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only these buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER - Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARTY IMMEDIATELY CONCERNED - For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7 of Chapter 291 of the Laws of New Jersey, 1975.
PERFORMANCE GUARANTY - Any security, which may be accepted by a municipality, including cash, provided that the Township of Egg Harbor shall not require more than 10% of the total performance guaranty in cash.
PLANNING BOARD - The Municipal Planning Board of the Township of Egg Harbor established pursuant to Chapter 291 of the Laws of New Jersey, 1975.
PLAT - A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL - The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS - Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PUBLIC AREAS
A. Public parks, playgrounds, trails, paths and other recreational areas.
B. Other public open spaces.
C. Scenic and historic sites.
D. Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL - A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY - The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
RESUBDIVISION - The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SEASONAL HIGH-WATER TABLE - The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
SEDIMENTATION - The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SITE PLAN - A development plan of one or more lots on which is shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
C. Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 of Chapter 291 of the Laws of New Jersey, 1975. seq.
SITE PLAN COMMITTEE - Said Committee shall be appointed by the Chairman of the Planning Board.
SKETCH PLAT - The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
STANDARDS OF PERFORMANCE - Standards adopted by ordinance pursuant to Subsection 52d, Chapter 291 of the Laws of New Jersey, 1975, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or required by applicable federal or state laws or municipal ordinances.
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, "streets" shall be classified as follows:
A. ARTERIAL STREETS - Those which are used primarily for fast or heavy traffic.
B. SECONDARY TRAFFIC STREETS - Streets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
C. CONNECTOR STREETS - Those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development.
D. MINOR STREETS - Those which are used primarily for access to the abutting properties.
E. MARGINAL ACCESS STREETS - Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
F. ALLEYS - Minor ways which are used primarily for vehicular service access to the back or the side or properties otherwise abutting on a street.
SUBDIVIDER - Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION
A. 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, if no new streets are created:
(1) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) Divisions of property by testamentary or intestate provisions.
(3) Divisions of property upon court order.
(4) Conveyances so as to combine existing lots by deed or other instrument.
B. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE - A Committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of Chapter 291 of the Laws of New Jersey, 1975, and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
WALKWAY OR SIDEWALK - A way for carrying pedestrian traffic, and may be located within the right-of-way provided for a street or may be located adjacent to a property line, between lots and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.
