Township of Jefferson, NJ Chapter 435 Subdivision of Land

[HISTORY: Adopted by the Township Committee (now Council) of the Township of Jefferson 6-15-1959 (Ch. 113 of the 1967 Code).[1] Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures — See Ch. 70.

Uniform construction codes — See Ch. 182.

Development fees — See Ch. 193.

Driveways — See Ch. 207.

Environmental impact statement — See Ch. 222.

Flood damage prevention — See Ch. 262.

Forest, tree and soil preservation and mitigation — See Ch. 273.

Streets and sidewalks — See Ch. 429.

Surface water management — See Ch. 439.

Zoning — See Ch. 490.

[1] Editor's Note: Pursuant to the Municipal Land Use Law (c. 291, P.L. 1975), this ordinance, as amended, was readopted 12-29-1976 by Ord. No. 35-76. All parts of this ordinance inconsistent with the Municipal Land Use Law were repealed. The complete text of Ord. No. 35-76 is on file in the Township Clerk's office.

§ 435-1 Short title.

This chapter shall be known and may be cited as the "Land Subdivision Ordinance of Jefferson Township."

§ 435-2 Purpose.

The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in Jefferson Township 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.

§ 435-3 Approving agency.

[Amended 3-5-1962 by Ord. No. 133; 7-6-1983 by Ord. No. 14-83; 12-18-2019 by Ord. No. 19-28]

The provisions of this chapter shall be administered by the Township of Jefferson Land Use Board where the same is permitted pursuant to statute to subdivide land in accordance with the New Jersey Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).[1]

[1] Editor's Note: See Ch. 70, Land Use Board Procedures.

§ 435-4 Definitions.

[Amended 5-16-1960 by Ord. No. 118; 3-20-1961 by Ord. No. 125; 7-15-1968 by Ord. No. 233; 3-1-1976 by Ord. No. 6-76; 4-9-1980 by Ord. No. 6-80; 7-6-1983 by Ord. No. 14-83]

A. Any definition not set forth in this section, but which is defined in N.J.S.A. 40:55D-3 through 40:55D-7, shall be defined in accordance with the definition set forth in the statute.

B. As used in this chapter, the following terms shall have the meanings indicated:

DEVELOPER

The legal or beneficial owner(s) 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 propriety interest in such land.

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 1A of Title 58 of the Revised Statutes.

EXISTING IMPROVED STREET

As applied to a minor subdivision, any street, avenue, boulevard, road, lane, parkway, viaduct or alley or other way which is an existing state, county or municipal roadway presently maintained by the state, county or municipality and which, by reason of its condition, can be traversed at all times of the year by modern motor vehicles and provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety.

FINAL PLAT

The final map of all or a portion of the subdivision, which is presented to the Land Use Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.

[Amended 12-18-2019 by Ord. No. 19-28]

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT DEPTH

The shortest horizontal distance between the front lot line and a line drawn parallel to the front line through the middle of the rear lot line. However, in a triangular-shaped lot, the lot depth will be the shortest distance between the apex of the triangle and the front lot line.

LOT, DEPTH OF

The mean distance between the front lot line and the rear lot line. For a corner lot, the greater frontage is its depth and the lesser frontage is its width.

LOT FRONTAGE

The length of a lot boundary extending along the street line. A minimum lot frontage of 50 feet on an improved street is required in all zones.

LOT, WIDTH OF

The mean dimension measured at substantially right angles to the depth of the lot.

MAJOR SUBDIVISION

All subdivisions not classified as minor subdivisions.

MINOR SUBDIVISION

The subdivision of a lot, tract or parcel into not more than three lots, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement and does not involve property which was formerly part of a tract for which subdivision approval has been previously granted dividing the original tract into three or fewer lots within a three-year period.

[Amended 10-16-1985 by Ord. No. 10-85]

OFFICIAL MAP

A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.

OFF-TRACT

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-way.

[Added 10-3-1990 by Ord. No. 16-90]

PERFORMANCE GUARANTY

Any security which may be accepted by the Township in lieu of a requirement that certain improvements be made before the approving agency approves a plat, including cash, provided that not more than 10% of the total performance guaranty shall be in cash.

PLAN, SKETCH

A plan meeting the requirements of § 435-6 of this chapter in sufficient detail for the purpose of discussion and/or classification.

PLAT

A map or maps of a subdivision.

PLAT, FINAL

A plat meeting the requirements of § 435-6 of this chapter.

PLAT, PRELIMINARY

A plat meeting the requirements of § 435-6 of this chapter.

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Land Use Board and the grant to such Board of the power to review plats and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, "streets" shall be classified as follows:

[Amended 12-18-2019 by Ord. No. 19-28]

(1) ARTERIAL STREETS Are those which are used primarily for fast or heavy traffic.

(2) COLLECTOR STREETS Are those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.

(3) MINOR STREETS Are those which are used primarily for access to the abutting properties.

(4) MARGINAL ACCESS STREETS Are streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

(5) ALLEYS Are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

SUBDIVISION

(1) 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 act if no new streets are created:

(a) Division of land found by the Land Use Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where the resulting parcels are five acres or larger in size.

[Amended 12-18-2019 by Ord. No. 19-28]

(b) Divisions of property by testamentary or intestate provisions.

(c) Divisions of property upon court order, including but not limited to judgments of foreclosure.

(d) Consolidation of existing lots by deed or other recorded instrument.

(e) The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality.

(2) The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION COMMITTEE

A committee of at least three Land Use Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and such other duties relating to the land subdivision which may be conferred on this Committee by the Board.

[Amended 12-18-2019 by Ord. No. 19-28]

§ 435-5 Procedures.

[Amended 3-5-1962 by Ord. No. 133; 7-1-1963 by Ord. No. 155; 7-7-1969 by Ord. No. 247; 4-2-1973 by Ord. No. 6-73; 9-9-1974 by Ord. No. 13-74; 5-21-1980 by Ord. No. 9-80; 10-13-82 by Ord. No. 18-82; 7-6-1983 by Ord. No. 14-83]

A. Submission of sketch plan. Any owner of land within the Township of Jefferson may, prior to subdividing or resubdividing lands as defined in this chapter, submit to the Secretary of the Land Use Board at least two weeks prior to the regular meeting of the Board 14 copies of a sketch plan of the proposed subdivision for the purpose of classification and discussion. The sketch plan shall be prepared in accordance with § 435-6 of this chapter. The application shall be accompanied by a filing fee, the amount of said fee to be determined in accordance with § 70-28 of the Jefferson Township Municipal Code.

[Amended 6-6-1984 by Ord. No. 7-84; 12-18-2019 by Ord. No. 19-28]

B. Submission of minor subdivision.

(1) Upon submission of an application for a minor subdivision prepared in accordance with § 435-6A of this chapter, the proposed plans shall be reviewed by the Land Use Board at its next scheduled regular meeting to determine whether the application is complete.

[Amended 12-18-2019 by Ord. No. 19-28]

(2) If the application is ruled incomplete, the plans shall be returned to the developer along with written notification as to its specific deficiencies. If the application is declared complete, it shall be forwarded to the Subdivision Committee of the Land Use Board for its review and recommendation to the full Board as to whether the application conforms to the definition of a minor subdivision as listed in this chapter.

[Amended 12-18-2019 by Ord. No. 19-28]

(3) The Land Use Board shall grant or deny minor subdivision approval within 45 days of the date the application is ruled complete unless such time period is extended with the consent of the applicant. If approval of the application by the County Planning Board is required, the Land Use Board shall condition any approval that it grants upon timely receipt of such approval from the County Planning Board.

[Amended 12-18-2019 by Ord. No. 19-28]

(4) Approval of a minor subdivision shall expire 190 days from the date of Township approval unless within such time period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141,[1] or a deed clearly describing the approved minor subdivision is filed by the developer with the Morris County recording officer, the Township Engineer and the Township Tax Assessor. No such plat or deed shall be recorded unless approved by the Chairman and Secretary of the Land Use Board.

[Amended 12-18-2019 by Ord. No. 19-28]

[1] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

(5) An application for minor subdivision approval shall be accompanied by a filing fee to be determined in accordance with § 70-28 of the Jefferson Township Municipal Code.

[Amended 6-6-1984 by Ord. No. 7-84]

C. Improvements or guaranties prior to final approval. Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under § 435-7 or the Land Use Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.

[Amended 12-18-2019 by Ord. No. 19-28]

D. Submission of preliminary plat for major subdivision.

(1) Upon submission of an application for preliminary major subdivision approval prepared in accordance with § 435-6B of this chapter, the Secretary of the Land Use Board shall distribute copies of the application to the various professionals and Township agencies as directed by the Board, for their review and recommendation as to whether the application is complete. The Land Use Board shall review the application at a regularly scheduled meeting within 45 days of the date of submission and, if the application is determined to be incomplete, shall inform the developer in writing, listing the specific deficiencies contained therein.

[Amended 12-18-2019 by Ord. No. 19-28]

(2) The subdivider shall notify by certified or registered mail, at least 10 days prior to the hearing, all property owners within 200 feet of the extreme limits of the subdivision as their names appear on the municipal tax record. Said notice shall set forth the time and place of hearing, contain a brief description of the subdivision and state that a copy of said subdivision has been filed with the Township Clerk for public inspection. The subdivider shall also cause notice of the hearing to be published in one of the official newspapers in the municipality at least 10 days prior to the hearing. Notice shall also be given to adjoining municipalities, the County Planning Board and the New Jersey State Commissioner of Transportation, as required by law.

(3) Copies of the preliminary plat shall be forwarded by the Secretary of the Land Use Board prior to the hearing to the following persons:

[Amended 12-18-2019 by Ord. No. 19-28]

(a) Secretary to the County Planning Board (two copies).

(b) Municipal Engineer.

(c) Division of Health.

(d) Such other municipal, county or state officials as directed by the Land Use Board.

(4) The Land Use Board shall grant or deny preliminary approval for a subdivision containing 10 or fewer lots within 45 days of the date the application is declared complete unless such time period is extended with the consent of the applicant. For a subdivision containing more than 10 lots, the Land Use Board shall grant or deny preliminary approval within 95 days of the date the application is declared complete unless such time period is extended with the consent of the applicant.

[Amended 12-18-2019 by Ord. No. 19-28]

(5) If the Land Use Board acts favorably on a preliminary plat, the Chairman of the Land Use Board shall affix his signature to the plat with a notation that it has received preliminary approval and shall return said plat to the subdivider for compliance with final approval requirements.

[Amended 12-18-2019 by Ord. No. 19-28]

(6) Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of approval:

(a) That the general terms and conditions under which the preliminary approval was granted will not be changed.

(b) That the said applicant may submit on or before the expiration date the whole or part or parts of said plat for final approval.

(7) An application for preliminary major subdivision approval shall be accompanied by a filing fee to be determined in accordance with § 70-28 of the Jefferson Township Municipal Code.

[Amended 6-6-1984 by Ord. No. 7-84]

E. Submission of final plat of major subdivision. The final plat shall be submitted to the Secretary of the Land Use Board for final approval within three years from the date of preliminary approval. The Land Use Board shall act upon the final plat within 45 days after the date of submission for final approval unless such time period is extended with the consent of the applicant.

[Amended 12-18-2019 by Ord. No. 19-28]

F. Requirement of payment of all taxes and assessments on application for a major or minor subdivision. No application shall be deemed to be complete until and unless the applicant provides proof that no taxes or assessments for local improvements are due or delinquent on the property for which subdivision is sought. The Land Use Board or approval authority shall not be required to take any action on the application until such time as this requirement is complied with.

[Added 8-17-1983 by Ord. No. 16-83; 12-18-2019 by Ord. No. 19-28]

G. Subsequent to the approval of any preliminary major subdivision, any and all applications for amendment to the preliminary major subdivision shall require the filing of an application form as prescribed by the Township Land Use Board and notification to property owners and other parties in the same manner as required, upon the original submission of the application for preliminary major subdivision. In addition, the applicant shall pay all fees and escrows required by § 70-28 of the Jefferson Township Municipal Code.

[Added 5-7-1986 by Ord. No. 7-86; 12-18-2019 by Ord. No. 19-28]

§ 435-6 Plat details.

A. The minor subdivision plat shall be based on Tax Map information or some other similarly accurate base at a scale (preferably not less than 400 feet to the inch) to enable the entire tract to be shown on one sheet and shall show or include the following information:

[Amended 7-6-1983 by Ord. No. 14-83]

(1) The location of that portion which is to be subdivided in relation to the entire tract.

(2) All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.

(3) The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.

(4) All streets or roads and streams within 500 feet of the subdivision.

(5) The location of all existing wells and/or septic systems on the site in question and within 100 feet.

(6) Where a new building lot or lots is created, evidence or satisfactory percolation tests and soil logs meeting all requirements of the Jefferson Township Department of Health and Welfare.

(7) Evidence that all municipal taxes, liens or assessments on the subject premises have been paid in full.

B. Preliminary plat.

(1) The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by the following:

[Amended 7-6-1983 by Ord. No. 14-83]

(a) (Reserved)[1]

[1] Editor's Note: Former Subsection B(1)(a), requiring that a plat be drawn by a licensed land surveyor, was repealed 3-1-1976 by Ord. No. 6-76.

(b) A civil engineer licensed in the State of New Jersey.

(2) The plat shall be designed in compliance with the provisions of § 435-8 of this chapter and shall show or be accompanied by the following information:

(a) A key map showing the entire subdivision and its relation to surrounding areas.

(b) The tract name, date, reference meridian, graphic scale and the following names and addresses:

[1] Name and address of the record owner or owners.

[2] Name and address of the subdivider.

[3] Name and address of the person who prepared the map.

(c) Acreage of the tract to be subdivided to the nearest tenth of an acre.

(d) Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross sections and center-line profiles for all proposed new streets.

(e) The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes and any natural features, such as wooded areas and rock formations.

(f) Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity) showing feasible connections to existing or any proposed utility systems. Where the extension of an existing public water system or the construction of a new public water system is proposed, proof of sufficient quantity and quality of water to service the proposed development without disrupting existing wells adjacent to the property must accompany the application.

[Amended 4-9-1980 by Ord. No. 6-80]

(g) When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.

[Added 4-9-1980 by Ord. No. 6-80]

(h) A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.

C. Final plat. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 50 feet and in compliance with all the provisions of Chapter 358 of the Laws of 1953.[2] The final plat shall show the following:

(1) Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

(2) Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii arcs, and central angles of all curves.

(3) The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

(4) Each block shall be numbered, and the lots within each block shall be numbered consecutively, beginning with the number one.

(5) Minimum building setback line on all lots and other sites.

(6) Location and description of all monuments.

(7) Names of owners of adjoining unsubdivided land.

(8) Certification by engineer or surveyor as to accuracy of details of plat.

(9) Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement.

(10) When approval of a plat is required by any officer or body of such a municipality, county or state, approval shall be certified on the plat.

(11) Complete construction plans as specified in Chapter 429, Article I, Street and Road Specifications, of the Code of the Township of Jefferson shall be submitted with the final plat if construction has not taken place prior to final approval. In the event that construction has taken place prior to final approval, as-built plans shall be submitted.

[Amended 3-1-1976 by Ord. No. 6-76]

(12) Contours at five-foot intervals for slopes averaging 10% or greater, and at two-foot intervals for land of lesser slope.

(13) (Reserved)[3]

[3] Editor's Note: Former Subsection C(13), regarding plans and profiles of storm and sanitary sewers and water mains, was repealed 3-1-1976 by Ord. No. 6-76.

(14) Certificate from Tax Collector that all taxes are paid to date.

[2] Editor's Note: Chapter 358 of the Laws of 1953 was repealed by P.L. 1960, c. 141. See now the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.

§ 435-7 Improvements.

[Amended 9-3-1963 by Ord. No. 157; 11-18-1963 by Ord. No. 161; 7-7-1969 by Ord. No. 247]

A. Required improvements.

(1) Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following where deemed necessary or appropriate by the Land Use Board:

[Amended 11-11-1986 by Ord. No. 17-86; 12-18-2019 by Ord. No. 19-28]

(a) All improvements shall be constructed in accordance with any and all road, water and sewer ordinances of the Township of Jefferson.

(b) Curbs and sidewalks are to be installed on both sides of all roads and shall conform to Township ordinances as required by the Land Use Board. The requirements of sidewalks may be waived if, in the judgment of the Land Use Board, they are neither desirable nor necessary.

(c) All street signs shall match those in use throughout the Township.

(d) No topsoil shall be removed from the site or used as spoil unless approved by the Township Council. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.

(e) Monuments shall be of the size and shape required by N.J.S.A. 46:23-9.9 et seq., and shall be placed in accordance with said statute.

(f) Water mains, culverts and storm sewers, and sanitary sewers, when applicable, shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. All sewer connection fees where and when applicable for all lots shall be paid to the Township.

(2) All improvements shall be subject to inspection as delineated in Chapter 429, Article I, Street and Road Specifications, of the Code of the Township of Jefferson.

[Amended 3-1-1976 by Ord. No. 6-76]

B. Requirements prior to consideration of final plat and prior to construction of improvements.

(1) Before consideration of a final subdivision plat, the subdivider will have installed the improvements required by the Land Use Board under Subsection A, or the Land Use Board shall require the posting of adequate performance guaranties and subsequent maintenance guaranties as hereinafter required.

[Amended 12-18-2019 by Ord. No. 19-28]

(2) Before the commencement of construction of improvements required, the Township Engineer shall have received and approved the complete plans and profiles of all improvements to be installed or constructed. No improvement shall be accepted by the Township Council, and no performance guaranties shall be released until the Township Engineer has received and approved tracings showing the plans, grades and profiles of all improvements as finally constructed.

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection B(3), regarding hourly rate schedule for inspection fees, was repealed 3-1-1976 by Ord. No. 6-76.

(4) (Reserved)[2]

[2] Editor's Note: Former Subsection B(4), dealing with subdivider costs, as amended, was repealed 2-19-1997 by Ord. No. 1-97.

C. Performance guaranty.

(1) No final plat shall be approved by the Land Use Board until the completion of all such required improvements has been certified to the Land Use Board by the Township Engineer, unless the subdivision owner shall have filed with the Township a performance guaranty, sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof, as estimated by the Township Engineer, and assuring the installation of such uncompleted improvements on or before an agreed date. Such performance guaranty shall be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the governing body, and a certified check in the amount of 10% of the cost of the improvements to be installed, but in no case less than $1,000. The total amount of the performance guaranty shall be equivalent to 120% of the cost of the improvements to be installed. No final plat shall be approved by the Land Use Board until a maintenance guaranty, as set forth in Subsection E of this section, is filed with the Township for subdivision wherein improvements where installed prior to final approval.

[Amended 11-11-1986 by Ord. No. 17-86; 12-18-2019 by Ord. No. 19-28]

(2) The performance guaranty and maintenance guaranty shall be approved by the Township Attorney as to form, sufficiency and execution. Such performance guaranty must contain the following provision:

[Amended 12-18-2019 by Ord. No. 19-28]

It is hereby understood and agreed that in the event the principal shall default in the performance of its obligation under this obligation, then the surety shall perform said principal's obligation at the option of the obligee.

The performance guarantee shall run for a period to be fixed by the Land Use Board, but in no case for more than a term of three years. However, with the consent of the owner and the surety, if there be one, the governing body may by resolution extend the term of such performance guarantee for an additional period not to exceed three years. The amount of the performance bond may be reduced by the governing body by resolution when portions of required improvements have been installed.

(3) If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of improvements not installed; and, upon receipt of the proceeds thereof, the Township may install such improvements. In the alternative, upon default of the obligor in the performance of the obligation, then the surety may be required to perform the said obligation at the option of the Township.

D. Upon installation of all necessary and appropriate improvements, the procedure shall be as follows:

(1) The obligor shall notify the municipal governing body, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Municipal Engineer. The municipal governing body shall direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall thereupon file a report, in writing, with the municipal governing body, which report shall be detailed and shall indicate either approval, partial approval or rejection. If said improvements or any portion thereof shall not be approved or shall be rejected by the Municipal Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. Where said report indicates partial approval of said improvements, it shall indicate the cost of the improvements for which approval is rejected or withheld.

(2) The municipal governing body shall accept or reject the improvements, grant partial approval or withhold approval on the basis of such report and shall notify the obligor in writing, by certified or registered mail, of the contents of said report and the action of said municipal governing body with relation thereto not later than 180 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty bond, except for that portion adequately sufficient to secure the improvements not yet approved.

(3) If the municipal governing body fails to send such notification to the obligor within 180 days, the obligor may notify the governing body, in writing, by certified or registered mail, with a copy thereof sent to the Municipal Engineer, that failure of the governing body to provide the obligor with such notification within 60 days shall constitute approval of the improvements. Within 60 days after receipt of this warning notice, the governing body shall send such notification of the contents of the report and its action with relation thereto to the obligor by certified or registered mail. Failure of the governing body to send or provide such notification to the obligor within 60 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to its performance guaranty bond.

(4) If any portion of the said improvements shall not be approved or shall be rejected by the municipal governing body, the obligor shall cause the same to be completed; and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

E. Maintenance guaranty.

(1) The maintenance guaranty shall be in the sum equal to 15% of the amount of the cost estimate approved by the Township Engineer for all improvements of a subdivision subject to a performance guaranty pursuant to law and shall be approved by the Township Attorney. The maintenance bond shall be posted upon final release of the performance bond by the Township and/or the acceptance of the improvements by the Township. The maintenance guaranty shall be expressly conditioned upon the maintenance by the subdivider of all such improvements for a period of two years and particularly shall guarantee the remedying and replacement of any defects in such improvements which occurred during said period.

[Amended 1-17-2001 by Ord. No. 3-01]

(2) The Township of Jefferson, nothing to the contrary herein withstanding, may use all or any part of moneys deposited to the extent necessary to complete or repair required improvements, and such action by the Township will not relieve any obligor and surety of its obligation as hereinbefore set forth.

F. Conditions for issuance of building permit and certificate of occupancy.

(1) Building permit.

(a) Notwithstanding any other provision of this chapter, no building permit shall be issued to the subdivider until installation of the following improvements:

[1] Streets.

[2] Curbs and/or gutters.

[3] Water mains, gas mains and storm and sanitary sewers.

(b) Street installations required herein shall include completion of the base and intermediate courses in accordance with Chapter 429, Article I, Street and Road Specifications. If subdivision is in sections, improvements shall be installed off the section site required by the Township Engineer.

[Amended 10-16-1996 by Ord. No. 15-96]

(2) Certificate of occupancy. A certificate of occupancy shall not be issued for any structure in any major subdivision by the Construction Official of the Township of Jefferson until the Township Engineer has provided a report to the Construction Official that all necessary requirements and improvements have been installed in accordance with all municipal specifications ordinances and conditions of subdivision approval that may affect the lot for which the certificate of occupancy is sought.

[Amended 3-1-1976 by Ord. No. 6-76; 7-16-1997 by Ord. No. 14-97; 2-16-2005 by Ord. No. 4-05]

G. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-42, construction of or contributions for off-tract water, sewer, drainage and street improvements may be required in accordance with the following criteria:

[Added 10-3-1990 by Ord. No. 16-90]

(1) Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements are necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Land Use Board may require the applicant, as a condition of subdivision at the applicant's sole expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.

[Amended 12-18-2019 by Ord. No. 19-28]

(2) Contribution by developer toward required off-tract improvements.

[Amended 12-18-2019 by Ord. No. 19-28]

(a) In cases where the need for any off-tract improvement is necessitated by the proposed development application and where the Land Use Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the Land Use Board in writing. The resolution or determination of the Land Use Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of the same. In its deliberation as to whether off-tract improvements are required, the Land Use Board shall be guided by the rules and regulations specified in Chapter 490, Zoning, this chapter and the Township Master Plan, the Land Use Board Attorney, Engineer, any consultant and other qualified experts and Township officials relative to the subject matter.

(b) In the event that the Land Use Board determines that one or more improvements constitute an off-tract improvement, the Land Use Board shall notify the Township Council of the same specifying the Board's recommendation relative to the estimated cost of the same, the applicant's prorated share of the cost and possible methods or performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.

(c) The Land Use Board shall not grant final approval on the subdivision until all aspects of such applicant and the Township Council and a written resolution to that effect by the Township Council has been transmitted to the Land Use Board.

(3) Performance and maintenance guaranties. Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements. In the discretion of the Township Council, an irrevocable letter of credit drawn on a bank authorized to do business in New Jersey may be acceptable.

(4) Development agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the Land Use Board, the agreement shall be approved as to form, sufficiency and execution by the Land Use Board Attorney and Township Attorney. The agreement shall specify the amount of cash contributions, if any, the method of payment of the same, the relative timing of such payment and the obligation or obligations to be undertaken by the Township.

[Amended 12-18-2019 by Ord. No. 19-28]

(5) Cash contributions: when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:

(a) Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the Township.

(b) Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided.

(c) Where the applicant, where legally permissible, can undertake the improvements in lieu of the Township, subject to standards and other conditions as may be imposed by the Township.

(6) Cash contributions: method of payment. Where a cash contribution is required by this chapter, the contribution shall be deposited with the Treasurer of the Township, with a copy of the applicant's transmittal letter forwarded to the Township Council, the Township Engineer and Land Use Board. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken within five years, unless another period of time is agreed upon, the funds may be returned to the developer or his assigns. If the developer no longer exists and there has been no assignment, then the funds shall be retained by the Township.

[Amended 12-18-2019 by Ord. No. 19-28]

(7) Pro rata formula for determining applicant's share of off-tract improvements.

(a) Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:

[1] Street widening, alignment, correction, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements: the applicant's proportionate share shall be in the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

[2] Water distribution facilities, including installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

[3] Sanitary sewage distribution facilities, including the installation, relocation or replacement of collector or replacement of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow period for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minutes to the sum of present peak flow deficiency in the existing system or subsystem and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.

[4] Stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated peak surface system measured in cubic feet per second to the sum of the existing peak flow in cubic feet per second deficient for the existing system and the estimated peak flow as shall be increased by 10% for the contingencies. The applicant's engineer shall compute the drainage basin area and the area of the development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the Land Use Board.

[Amended 12-18-2019 by Ord. No. 19-28]

(b) General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the Land Use Board shall also determine the pro rata amount of cost to be borne by other owners of lands which will be benefited by the proposed improvements.

[Amended 12-18-2019 by Ord. No. 19-28]

(8) Applicability. Whenever this subsection refers to the Planning Board, it shall include the Board of Adjustment if it is reviewing the application.

H. Installation of improvements on preliminary approval and posting of restoration bond. Upon receipt of a preliminary major subdivision approval and satisfaction of all conditions of said approval, upon notice to the Township Engineer and the Township Construction Department, a developer shall be entitled to install any and all improvements which he is obligated to install under the terms of preliminary approval, provided that, prior to the commencement of the work, the developer post a performance bond in an amount satisfactory to the Township Engineer sufficient to reimburse the Township for the expenditure of any funds which may be used for restoration of the land and in the event that the subdivision is abandoned or not completed within the time permitted by statute or to correct any hazardous conditions that may arise in connection with the installation of improvements. Said bond, at the discretion of the Township Engineer, may be based upon a percentage of the total cost of all improvements to be installed. The bond shall be in the form of 10% of the amount in cash and the balance by issuance of a surety bond by a licensed surety company of the State of New Jersey or a letter of credit to be approved by the Township Attorney. Upon the issuance of final subdivision approval and the posting of performance guaranties upon final approval, in accordance with the provisions of the Jefferson Township ordinances, the balance of the restoration bond, plus any accumulated interest thereon, shall be returned to the developer. The bond shall be held by the Township under the same terms and conditions as a performance bond until final subdivision approval is held. Nothing herein shall require the Township to take any action to restore or complete any improvement or take any other action with reference to any potential hazardous condition. However, in the event that the Township deems it necessary to take any such action, unless an emergency exists, the developer shall be provided 10 days' notice of the Township's intention to take action and to use the restoration bond for reimbursement. In the event that the amount of the restoration bond is insufficient to reimburse the Township for the cost of restoration or correction of any condition, nothing herein shall relieve the developer from the responsibility of paying any such additional amounts.

[Added 6-21-1995 by Ord. No. 13-95]

§ 435-8 Design standards.

The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:

A. General. The subdivision plat shall conform to design standards that will encourage good development patterns within the municipality. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with Section 20 of Chapter 433 of the Laws of 1953[1] and shall be such as to lend themselves to the harmonious development of the municipality and enhance the public welfare in accordance with the following design standards.

[1] Editor's Note: Said Section 20 was repealed by P.L. 1975, c. 291, § 80, effective 8-1-1976. See now N.J.S.A. 40:55D-38 through 40:55D-40, 40:55D-41 and 40:55D-44.

B. Streets.

(1) The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.

(2) Minor streets shall be so designed as to discourage through traffic.

(3) Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Land Use Board may determine appropriate.

[Amended 12-18-2019 by Ord. No. 19-28]

(4) The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:

(a) Arterial streets: 80 feet.

(b) Collector streets: 60 feet.

(c) Minor streets: 50 feet.

(d) Marginal access streets: 40 feet.

(e) The right-of-way width for internal roads and alleys in multifamily, commercial and industrial development shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire-fighting equipment.

(5) 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 governing body under conditions approved by the Land Use Board.

[Amended 12-18-2019 by Ord. No. 19-28]

(6) Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

(7) Grades of streets.[2]

[Added 9-15-1993 by Ord. No. 12-93]

(a) The minimum grade of any street shall be 1/2%. The maximum grade of any street shall be as follows:

[1] Arterial street: 8%.

[2] Collector street: 10%.

[3] Minor, dead-end or marginal access street: 12%.

(b) The maximum grade within 50 feet of an intersection shall be 5%.

[2] Editor's Note: Former Subsection B(7), Grades of streets, was repealed 3-1-1976 by Ord. No. 6-76.

(8) 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.

(9) Street jogs with center-line offsets of less than 125 feet shall be prohibited.

(10) When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets.

(11) All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

(12) Dead-end streets (culs-de-sac) shall not be longer than 1,200 feet nor shall they convey an average daily traffic of more than 250 vehicles. They shall provide a turnaround at the end with a right-of-way radius of not less than 55 feet and a paved radius of not less than 45 feet in order to accommodate school bus and fire pumper truck turns. Culs-de-sac shall be tangent 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 for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

[Amended 9-15-1993 by Ord. No. 12-93]

(13) No street name shall be approved on any final plat by the approving authority without first the name being forwarded to the Municipal Tax Assessor and to the Police Department of the Township for input. Upon response from said Departments, the street names shall be reviewed by the Township Council and approved by it. The Council shall notify the approving authority of the acceptance or nonacceptance of a street name and, upon acceptance of a street name, it shall be incorporated into the final plat.

[Amended 9-19-2001 by Ord. No. 26-01]

(14) All improvements to be constructed in any subdivision shall conform to the provisions of Chapter 429, Article I, Street and Road Specifications, of the Code of the Township of Jefferson.

[Amended 3-1-1976 by Ord. No. 6-76]

(15) Upon the installation of street improvements by a developer and prior to acceptance by the Township, the developer shall be responsible for the maintenance of said streets, including but not limited to maintaining the streets free of snow and ice. In the opinion of the Township Administrator, if a developer has not kept any streets in his control free and clear of ice and snow within a reasonable time after any storm, then the Township shall be authorized to plow or treat said streets for snow and ice, and such plowing or treatment shall not be considered an acceptance of the roadways. If the Township shall plow or treat the snow and ice, the developer shall pay to the Township fees equal to the actual costs to the Township, to reimburse the Township for actual cost and overhead, which fee shall be paid by the developer within 10 days of the submission of a statement to the developer.

[Added 10-3-1990 by Ord. No. 19-90; amended 9-1-2004 by Ord. No. 28-04]

C. Blocks.

(1) Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 490, Zoning, and to provide for convenient access, circulation control and safety of street traffic.

(2) In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Land Use Board. Such walkway shall be 10 feet wide and be straight from street to street.

[Amended 12-18-2019 by Ord. No. 19-28]

(3) For commercial group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

D. Lots.

(1) Lot dimensions and area shall not be less than the requirements of Chapter 490, Zoning.

(2) Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.

(3) Each lot must front upon an approved street at least 50 feet in width, except lots fronting on streets described in Subsections B(4), D and E.

(4) 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.

(5) Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Land Use Board may, after adequate investigation, withhold approval of such lots.

[Amended 12-18-2019 by Ord. No. 19-28]

E. Public use and service areas.

(1) In large-scale development, easements along rear property lines, or elsewhere, for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.

(2) Where a subdivision is traversed by a watercourse, drainageway channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.

(3) Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.

F. Landscaping residential subdivisions.

[Added 12-17-1997 by Ord. No. 27-97; amended 6-14-2000 by Ord. No. 13-00]

(1) Roadway shade trees. In every subdivision there shall be a dedication to the Township of a shade tree easement five feet in width to be established outside of the street right-of-way line and running parallel to the street right-of-way line. Said easement shall be dedicated for the benefit of the Township for the planting and maintenance of shade trees. Each developer shall, prior to the issuance of any certificate of occupancy, cause to be planted every 60 feet fronting a lot within the five-foot shade tree easement, a shade tree having a diameter of no less than 3 1/2 inches at 4 1/2 feet above the grade. Said shade trees shall be chosen from the species as set forth in § 273-11B and shall be determined by the Land Use Board at the time of subdivision approval. Shade trees must survive two growing seasons or the developer shall be required to replace them, within 90 days of notification of the failure of the trees to survive, with the same species and of the same size as those originally planted. Developer shall provide a maintenance bond for the shade trees, the amount of which is to be computed by the Township Engineer.

[Amended 12-18-2019 by Ord. No. 19-28]

§ 435-9 Violations and penalties.

[Amended 3-5-1962 by Ord. No. 133]

A. Any person who shall violate any of the provisions of this chapter shall be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Court Judge before whom such conviction shall be had.

[Amended 9-21-1970 by Ord. No. 273]

B. 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 3 of the Official Map and Building Permit Act (1953) (N.J.S.A. 40:55-1.30 et seq.[1]), the municipality may institute and maintain a civil action:

(1) For injunctive relief.

(2) To set aside and invalidate any conveyance pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with Section 24 of Chapter 433 of the Laws of 1953 (N.J.S.A. 40:55-1.24[2]), but only if the municipality has a Planning Board or a committee thereof with power to act and which:

(a) Meets regularly on a monthly or more frequent basis; and

(b) Whose governing body has adopted standards and procedures in accordance with Section 20 of Chapter 433 of the Laws of 1953 (N.J.S.A. 40:55-1.20[3]).

[3] Editor's Note: Repealed by P.L. 1975, c. 291. See now N.J.S.A. 40:55D-38 through 40:55D-40, 40:55D-41 and 40:55D-44.

[2] Editor's Note: Repealed by P.L. 1975, c. 291. See now N.J.S.A. 40:55D-56.

[1] Editor's Note: Repealed by P.L. 1975, c. 291.

C. 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 actions must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years if unrecorded.

§ 435-10 Administration.

[Amended 3-5-1962 by Ord. No. 133; 6-27-1984 by Ord. No. 9-84; 12-18-2019 by Ord. No. 19-28]

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 Township of Jefferson. Any action taken by the Land Use Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Land Use Board may permit such variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.