[Amended 2-20-1989 by Ord. No. 1-89]
All maps, plats and sketch plats required to
be submitted by this chapter shall be 24 inches by 36 inches in size.
All plats shall be based on accurate information
at a scale of not more than one inch equals 100 feet and shall show
or include the following information, except that the Planning Board
may waive any requirement or request additional information where,
in its judgment, it is necessary to the particular application.
A.
Location and key map. The entire tract to be subdivided,
giving the accurate location of all existing and proposed property
and street lines, including a key map at a scale where one inch equals
500 feet, showing the entire subdivision, including proposed street
layouts, and its relation to all features shown on the Official Map
and Master Plan, including greenway plan and trails, and located within
1/2 mile of the extreme limits of the subdivision and of adjacent
land. All existing flag lots or those which have received preliminary
approval within 500 feet on the same side of the street shall be shown.
[Amended 6-18-1979 by Ord. No. 54-79; 12-18-2000 by Ord. No. 36-00; 9-20-2004 by Ord. No. 22-04]
B.
Structures, wooded areas, topography and soil information.
[Amended 2-18-1980 by Ord. No. 3-80; 6-19-1995 by Ord. No. 18-95; 12-18-2000 by Ord. No.
36-00]
(1)
The location of existing houses, buildings and other structures, with accurate dimensions from all existing and proposed lot lines, topography, delineated flood hazard areas, buffer zones, wetlands and transition areas, ridgelines, minimum improvable lot areas and soils information within the portion to be subdivided and within 200 feet thereof. The limits of wooded areas location/species/condition of all trees 10 inches or more in diameter measured 4.5 feet from the grade where said trees are in the area of proposed disturbance plus 50 feet surrounding the proposed area of disturbance. For all tracts with slopes in excess of 15%, slope information shall be submitted per Chapter 217, Zoning, § 217-38, Steep slopes and ridge protection.
[Amended 8-20-2001 by Ord. No. 22-01]
(2)
Topography shall be at a two-foot contour interval.
Soils information shall be shown on the plat with soils classifications
and boundaries per the Soil Survey of Morris County, New Jersey, prepared
by the Soil Conservation Service of the United States Department of
Agriculture. In addition, a tally in each class so designated shall
be provided.
[Amended 2-15-2010 by Ord. No. 05-10]
C.
Owners. The name of the owner, all adjoining property
owners and those across existing or proposed streets as disclosed
by the most recent municipal tax records.
D.
Identity. The Tax Map sheet, date of revision, block
and lot numbers and zone district.
E.
Streets, easements, watercourses and rights-of-way.
The location of existing and/or proposed streets, roads, utility poles
and pole numbers, easements, public rights-of-way, streams, bridges,
culverts, drainage ditches and natural watercourses in and within
200 feet of the subdivision.
[Amended 2-18-1980 by Ord. No. 4-80]
F.
Lots. The original and proposed lot layout, lot dimensions,
all required setback lines and lot areas of each lot in square feet
and acreage. Flag lots shall include individual area of lot exclusive
of flagstaff. Lots shall be designated by letter, for minor subdivisions
and by consecutive numbers for major subdivisions until given official
lot number designations by the Township. For minor subdivisions, house
numbers as approved by the Construction Code Official shall be shown
for all lots.
[Amended 7-15-1985 by Ord. No. 25-85; 6-19-1995 by Ord. No. 18-95]
G.
Wetlands. Wetlands and their classification shall be delineated per § 175-27V.
[Added 8-19-1991 by Ord. No. 26-91]
H.
Percolation/permeability tests. In the event that
public sewers are not available and individual septic systems are
proposed, the sketch plat shall show the following information:
[Amended 12-18-1978 by Ord. No. 34-78; 8-19-1991 by Ord. No. 26-91]
I.
Other information.
(1)
The date of original preparation and date of revision,
if any, of plat, as well as old name if submitted previously under
different title.
(2)
A statement that the applicant intends to submit a
full development impact statement or a statement setting forth specific
reasons why the applicant requests a waiver of all or part of the
requirements for a development impact statement.[1]
[1]
Editor's Note: Former Subsection 16-6.2j,
regarding recreation plans, which immediately followed this subsection,
added 6-17-1991 by Ord. No. 16-91, was repealed 8-21-1995 by Ord.
No. 27-95.
A.
If the sketch plat is being submitted for minor subdivision approval, it shall contain the information required under § 175-25 and shall be a certified survey map drawn by a licensed New Jersey land surveyor. It shall include a zoning table which compares the land use, density, setback distances and any other related data between that which is required in the Municipal Zoning Ordinance[1] and that which is proposed on the subdivision plat. The plat shall provide for endorsement by the Chairman and Secretary of the Planning Board. If the plat is to be filed in accordance with § 175-21F, it shall meet the requirements of the Map Filing Act.[2]
[Amended 9-20-2004 by Ord. No. 22-04]
B.
Where there is a question of the suitability of a
lot or lots for their intended use due to factors such as rock formations,
soil conditions, steep slopes, streams, watercourses, flood conditions,
diversion or increase of water onto nearby properties, high-water
table and/or other environmentally sensitive factors, the Planning
Board may require the applicant to submit information satisfactory
to the Planning Board on any or all of the above factors. Upon receipt
and review of the above information, the Planning Board shall have
the right to grant approval conditional on one or both of the following:
[Amended 5-10-1989 by Ord. No. 14-89; 6-20-1994 by Ord. No. 10-94]
(1)
Compliance with specific actions to remedy the lot(s)
suitable for the intended use.
(2)
Compliance with specific drainage and/or conservation
easements restricting portions of the lot(s) from the intended use.
(3)
For Cokesbury, Califon Turbotville, alluvial and muck
soils, compliance with the Shimel Report, a copy of which is on file
at the Planning Board office.
C.
The minor subdivision plat shall show the following
driveway information to assist in the required driveway permit application:
[Added 3-20-1989 by Ord. No. 5-89]
(1)
Driveway location, utilizing dimensions from utility
poles.
(2)
Speed limit along street.
(4)
Details of clearing/excavation, if required, to achieve
sight distance.
(5)
Typical location of dwelling and alignment of driveway
from dwelling to street. Show driveway center line radius for all
bends.
(7)
Center-line profile showing existing and proposed
grades at fifty-foot intervals where grades exceed 8%.
(8)
Proposed drainage improvements.
(9)
Erosion control improvements for all designs exceeding
8%, both temporary and permanent.
(10)
Proposed easements for multiple-use driveways
and note indicating mutual maintenance agreements to be provided.
[Amended 6-18-1979 by Ord. No. 54-79]
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 drawn by a licensed New Jersey professional engineer or land surveyor. Contour maps and preliminary construction plans, including road profiles and utility plans, shall be submitted as part of the preliminary plat. Separate maps may be required by the Board for topography, utilities and road details. A soil erosion and sedimentation control plan and a grading plan of at least one inch equals 100 feet shall be included. The grading plan shall show the existing, as well as the proposed, contours. The plat shall be designed in compliance with the provisions of Article VII, Design Standards, and shall show or be accompanied by the following information:
A.
Location and key map. The entire tract to be subdivided,
giving the accurate location of all existing and proposed property
and street lines, including a key map at a scale where one inch equals
400 feet, showing the entire subdivision, including proposed street
and lot layouts, and its relation to all features shown on the Official
Map and Master Plan, including overlay zones, greenway plans, trails,
limestone areas, acquifer recharge areas, public wells and prior major
subdivisions and located within 1/2 mile of the extreme limits of
the subdivision and the zoning classifications of the proposed subdivision
and of adjacent land. All existing flag lots or those which have received
preliminary approval within 500 feet on the same side of the street
shall be shown.
[Amended 6-18-1979 by Ord. No. 54-79; 12-18-2000 by Ord. No. 36-00]
B.
Proposed lots. Lot layout, lot dimensions, all required
setback lines and individual lot areas in square feet and acreage.
Flag lots shall include individual area of lot exclusive of flagstaff.
Lots shall be designated by consecutive letters until given an official
lot number designation by the Township. House numbers as approved
by the Construction Code Official shall be shown for all lots.
[Amended 4-19-1982 by Ord. No. 9-82; 7-15-1985 by Ord. No. 25-85; 6-19-1995 by Ord. No. 18-95]
C.
Other contents. The tract name, Tax Map sheet and
date or revision, block and lot numbers, date of plat preparation,
reference meridian, scale, graphic scale and the following names and
addresses:
(1)
Record owner or owners of property to be subdivided;
if other than an individual, the corporate officers or partners or
other statutory agent.
(2)
Subdivider.
(3)
Person who prepared the map, Official Seal and license
numbers.
(4)
Owners of property within 200 feet of entire tract
being subdivided.
D.
Acreage. Acreage of the tract to be subdivided to
the nearest hundredth of an acre and acreage of streets and/or public
areas to be dedicated to the Township and/or public agencies in feet
and acreage. The preliminary plat shall include a certified survey
map drawn by a licensed New Jersey land surveyor.
[Amended 4-17-1989 by Ord. No. 10-89]
E.
Topography, elevations and soils information. Sufficient elevations and contours at two-foot vertical intervals for all slopes to determine the general slope and natural drainage of the land and the high and low points for a distance of 200 feet around the entire tract boundary. Soils information shall be shown on the plat with soils classifications and boundaries per the Soil Survey of Morris County, New Jersey, prepared by the Soil Conservation Service of the United States Department of Agriculture. In addition, a tally in each soil's class so designated shall be provided. For all tracts with slopes in excess of 15%, slope information shall be submitted per Chapter 217, Zoning, § 217-38, Steep slopes ridgeline, mountainside, hillside and viewshed protection areas.
[Amended 2-18-1980 by Ord. No. 4-80; 6-19-1995 by Ord. No. 18-95; 2-15-2010 by Ord. No. 05-10]
F.
Existing and proposed locations. The location of existing
and proposed property lines, streets, utility poles and pole numbers,
buildings, watercourses, railroads, bridges, culverts, drainpipes,
sanitary sewers, water mains, gas mains, power lines and any natural
features such as rock formations, delineated flood hazard areas and
buffers, wetlands and transition areas, ridgelines and minimum improvable
lot areas. The limits of wooded areas, location/species/condition
of all trees 10 inches or more in diameter measured 4.5 feet from
the grade where said trees are in area of proposed disturbance plus
50 feet surrounding the proposed area of disturbance. This data shall
be determined by field and/or photogrammetric survey.
[Amended 2-18-1980 by Ord. No. 3-80; 12-18-2000 by Ord. No. 36-00]
G.
Streets.
(1)
Preliminary plans and profiles at a scale of not more
than one inch equals 50 feet horizontally and one inch equals five
feet vertically, including cross sections every 50 feet or as specified
by the Township Engineer of all proposed streets, curbs and gutters
within the subdivision and proposed connection with existing or future
continuing streets. The distances and radii of all curves along all
street lines shall be shown.
(2)
All topographic surveys and profiles shall be based
on the United States Coast and Geodetic Survey Datum, and the developer's
engineer shall so certify the plans submitted. Plans shall indicate
a minimum of two permanent benchmarks with location and elevation
of the same.
H.
Utilities. Preliminary plans and profiles of proposed
utility layouts shall be at a scale of not more than one inch equals
50 feet horizontally and one inch equals five feet vertically (water,
storm and sanitary sewers) showing connections to existing or proposed
utility systems.
[Amended 6-18-1979 by Ord. No. 54-79]
I.
Sewers, drains, ditches. Preliminary plans and profiles
at a scale of one inch equals 50 feet horizontally and one inch equals
five feet vertically of all proposed and existing sanitary sewers,
storm drains, drainage ditches and streams within the subdivision,
together with the locations, sizes, elevations, grades and capacities
of any existing sanitary sewer, storm drain, drainage ditch or stream
or watercourse to which the proposed facility shall be connected.
When brook or stream channel improvements are proposed or required,
the plans for such improvement shall be approved by the State Department
of Environmental Protection or the Morris County Planning Board, where
applicable.
J.
Percolation/permeability tests and soil logs.
[Amended 12-21-1981 by Ord. No. 48-81; 8-19-1991 by Ord. No. 26-91]
(1)
No subdivision or part thereof proposed to be serviced
by individual sewage disposal systems shall be approved where results
of the required tests per N.J.A.C. 7:9A-1.1 et seq. do not meet with
the established requirements of this chapter or other applicable ordinances
or regulations, nor shall any subdivision or part thereof be considered
where other physical characteristics of the land would cause septic
conditions unsanitary to the public or contrary to the requirements
of this chapter or other applicable ordinances or regulations. Any
remedy proposed to overcome such situations shall first be approved
by the appropriate local and state health agency.
(2)
The following requirements shall be met:
(a)
Two passing percolation/permeability tests and
two acceptable soil logs shall be conducted on each lot at the applicant's
expense by a person authorized by state law to conduct such test.
The location of these tests shall be within the proposed disposal
field and shall be set forth on the preliminary plat.
(b)
The percolation/permeability tests shall be
witnessed by a representative of the Township Health Department, who
shall be notified at least 48 hours prior to the conducting of any
test.
(c)
The results of all passing, unsatisfactory and
abandoned tests shall be submitted to the Township Health Department
and to the Planning Board. The location of these passing, unsatisfactory
and abandoned tests shall be set forth on the preliminary plat.
(d)
No percolation/permeability test or soil log
shall be located closer than 100 feet from the highest elevation of
seasonal surface water.
(e)
In areas where on-site or on-tract recharge
of the aquifer by stormwaters is proposed, additional percolation/permeability
tests may be required by the Township Engineer or Planning Board.
(f)
In areas of questionable percolation/permeability,
the Township Health Department may establish the conditions under
which the percolation/permeability tests may be undertaken, including
the month of the year and location.
(g)
Where lot lines change during the Planning Board
review, additional percolation/permeability tests and soil logs may
be required by the Township Health Department or the Planning Board.
(h)
Where an existing dwelling is part of the proposed
subdivision, the exact location of the well and septic system shall
be shown on the preliminary plat. For individual disposal systems
constructed prior to January 1, 1990:
[1]
The existing system shall be tested by a licensed
professional engineer, who shall certify, in writing, that the system
is in proper working order.
K.
Private sewage disposal. Plans for a typical individual
or package sewage disposal system where the same is proposed. Said
plans shall be approved by the appropriate local and/or state agency.
L.
Off-tract improvements. When the development of the
subdivision or improvements within the subdivision are contingent
upon improvements outside the boundaries of said subdivision, information
shall be supplied by the subdivider prior to Planning Board consideration
for preliminary approval that the improvements outside the subdivision
are installed and will be available to the subdivider.
M.
Setback lines. All front, rear and side yard lines
shall be shown for all lots.
N.
Deed restrictions. A copy of any protective covenants
or deed restrictions applying to the land being subdivided shall be
submitted with the preliminary plat.
O.
Open space. Any open spaces proposed to be dedicated
for public use or playgrounds or other public purpose and the location
and use of all such property shall be shown on the plat.
P.
Support capability. When deemed necessary to determine
the suitability of the soil to support new construction, the Planning
Board shall require test holes or borings to be made by a New Jersey
licensed engineer or an approved testing laboratory at the expense
of the subdivider under the direction of the Township Engineer.
Q.
Development impact statement.
[Amended 5-18-1981 by Ord. No. 14-81; 2-17-1997 by Ord. No. 5-97]
(1)
Purpose. The purpose of the development impact statement
is to provide comprehensive information needed to properly evaluate
the effect of a proposed project upon the community and the environment.
(2)
The statement should be prepared in accordance with Subsection Q(4) below by a person or firm having expertise in planning and economics in the environmental field by virtue of training, experience or education.
(3)
The applicant shall submit six copies of the development
impact statement to the Planning Board Clerk. Any amendments, addendums
or supplements to the statement must also be submitted in triplicate.
(4)
The development impact statement shall contain the
following:
(a)
Name and qualifications of the persons or firm
preparing the statement.
(b)
An abstract or summary of the major points and
conclusions of the statement.
(c)
An inventory of existing conditions for the
project site, the surrounding area and other areas affected by the
project. In the presentation, attention should be given to the identification
and description of critical impact areas, including but not necessarily
limited to streams and stream corridors, swamps, marshes, steep slopes,
highly erodible soils, areas of high-water table, floodprone areas,
aquifer recharge areas, unique stands of native vegetation and important
wildlife feeding or breeding grounds. The inventory should include,
but not necessarily be limited to, an analysis of the following.
[Amended 12-18-2000 by Ord. No. 36-00; 8-20-2001 by Ord. No. 22-01; 3-18-2002 by Ord. No. 6-02]
[1]
Soils and their properties to be mapped on page
1 of the plat.
[2]
Topography.
[3]
Geology.
[4]
Groundwater hydrology.
[5]
Surface water.
[6]
The size of the subwatershed and the location
of the site within the subwatershed(s).
[7]
Vegetation, wildlife and aquatic species and
communities.
[8]
Land use.
[9]
Air quality.
[10]
Water quality.
[11]
Ambient noise level.
[12]
Aesthetic features.
[13]
Historical and archaeological features. This
segment shall be prepared by a trained professional archaeologist
who meets the professional qualification standards of the Secretary
of the Interior's Standards and Guidelines for Archaeology and Historic
Preservation established pursuant to The National Historic Preservation
Act of 1966, 16 U.S.C. 470 et seq., as amended, and the regulations
adopted thereto, as amended.
(d)
A description of the services and/or natural
resources to be utilized by the project. The discussion should include,
but not necessarily be limited to, the following:
[Amended 12-18-2000 by Ord. No. 36-00]
[1]
Water supply (including the use of individual
wells).
[2]
Sewage facilities (including the use of on-site
disposal systems, with soil logs and all percolation test results).
[3]
Stormwater management and drainage.
[4]
Solid waste disposal.
[5]
Energy.
[6]
Transportation/traffic.
[7]
School and educational facilities.
[8]
Public safety and health services.
[9]
Recreation and cultural facilities.
[10]
Tax revenues and costs of services.
(e)
For residential subdivisions with 50 or more
units and all industrial subdivisions or site plans, a project description
should be provided which shall specify the method of construction
and operation of the proposed project and include a timetable for
construction.
(g)
A thorough discussion of steps to be taken, during and after construction, to minimize adverse impacts as described under Subsection Q(4)(f).
(h)
Alternatives to the proposed project that might avoid some or all of the adverse impacts as described in Subsection Q(4)(f).
(i)
A listing of all licenses, permits and other
approvals required by law and the status of each.
(j)
A listing of all sources of information used
in the preparation of the statement.
(k)
A discussion of how the applicant's design will
conserve energy use.
(l)
Alternatives. Alternatives to the arrangement
of the proposed development shall be discussed. The board of jurisdiction
shall reserve the right to require alternative arrangements of land,
buildings and infrastructure to determine a design of lesser impact.
[Added 12-18-2000 by Ord. No. 36-00]
(n)
Circulation impact study. Circulation impact
studies, when required, shall conform to the following provisions:
[Added 12-18-2000 by Ord. No. 36-00]
[1]
When required, a circulation impact study shall
be submitted for all general development plans, preliminary major
subdivisions and for preliminary major site plans.
[Amended 8-20-2001 by Ord. No. 22-01]
[2]
Submission format. Circulation impact studies
shall consist of two components, a planning report and a traffic impact
report.
[a]
Planning report. The planning report
component of the circulation impact study shall include the following:
[i]
An introduction indicating the
applicant, the location of the site in question and a description
of the site from a land use and transportation perspective.
[ii]
The extent to which any proposed
street system meets requirements for street hierarchy, right-of-way
and cartway width and sidewalks.
[iii]
The extent to which the proposed
circulation system conforms to the Circulation Element of the Master
Plan.
[iv]
The extent to which internal circulation
for vehicles, people and the movements of goods is adequate.
[v]
The extent to which the safety
of pedestrians, bicyclists and the traveling public is protected.
[vi]
The provisions made to provide
connectivity to the street system, pedestrian generators and the local
and regional greenway network.
[b]
Traffic impact report. The traffic
impact report component of the circulation impact study shall include
the following:
[i]
A description of the project phasing,
access points and connection to other existing or proposed developments.
[ii]
An analysis of existing conditions,
including:
[A]
A description of the study area
and the rationale behind choosing this area.
[B]
A description of the study area's
roadway facilities, including number of lanes, functional classification,
condition, location and type of traffic signals, and location of other
traffic signals, and location of other traffic control devices or
signs.
[C]
The location of transit routes
and stops and any transit facilities, including on-street, off-street
and private facilities, and service frequency.
[D]
The location of school bus routes
and stops.
[E]
The location of pedestrian crosswalks,
sidewalks and bicycle pathways.
[F]
Traffic volume data, including
turning movement counts at key intersections during the peak periods
of the day, truck movements, pedestrian counts and transit use.
[G]
Volume/capacity analysis and an
assessment of existing conditions.
[v]
Impact analysis and recommendations.
[A]
Levels of service shall be computed
for each analysis year both with or without the inclusion of site
traffic.
[B]
Comparison of levels of services
conditions with site traffic, and with site traffic after recommended
improvements are constructed.
[C]
Recommendations for automobile
reduction techniques.
[D]
Schematic plan of any recommended
improvements.
R.
Site grading and drainage plan. Site grading and drainage
plan shall be required by the Planning Board, in order to provide
more suitable sites for building and other uses, to improve drainage
and to control erosion and sedimentation. The following requirements
shall be met:
(1)
All lots, tracts, parcels and all land in major subdivisions
shall be graded to provide proper drainage away from the buildings
and improvements. No ponding of surface water shall be permitted,
except where approved by the Planning Board.
(2)
The site grading and drainage plan shall include the
following note and shall show existing and proposed contours necessary
to accomplish the following:
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"All lots shall be graded to drain away from
the building(s) on said lot. The grading shall have a minimum slope
of 2% away from the building and shall extend for the distance as
required to provide a minimum drop of one foot in elevation from the
ground adjacent to the building.
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Where the ground beyond the limits of the above
grading rises in elevation, the grading shall include a swale parallel
to the building. Said swale shall have a minimum slope of 1%."
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(3)
All drainage provisions shall be of such a design
so as to adequately handle the surface runoff and carry it to the
nearest suitable outlet such as a curbed street, storm drain or watercourse.
Where drainage swales are used to divert surface waters away from
buildings, they shall be sodded or planted or otherwise controlled
as required. The slope, shape and capacity of such drainage swales
shall conform to good engineering practice and principles.
(4)
Concentration of surface water runoff shall only be permitted in swales, ditches, storm sewers or watercourses, unless otherwise approved by the Planning Board, and only in accordance with § 175-34A.
(5)
The site grading and drainage plan shall include the
following note:
[Amended 11-19-1979 by Ord. No. 72-79]
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"For all lots with the basement or lowest floor
level above the groundwater table, dry well shall be installed at
each roof drain leader. The dry wells shall be of five-foot minimum
depth, shall have a volume of at least one cubic foot per 10 square
feet of roof surface and shall be constructed in accordance with standard
practices. In those instances where a properly installed dry well
will have adverse effects, in the judgment of the Township Engineer,
he may approve an alternate means of disposing of water from the roof
drain leaders.
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For all lots with the basement or lowest floor
level below the groundwater table, foundation drains shall be constructed
in accordance with detailed plans to be submitted to and subject to
the approval of the Township. Wherever possible, said drains shall
discharge to storm drainage piping or natural watercourses. Where
water is observed for more than 24 hours in a foundation excavation
or in a building under construction, it shall be understood that foundation
drains are required."
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S.
Separate performance guaranties required.
(1)
Soil erosion and sedimentation control.
(a)
Prior to the start of any major subdivision
construction, including but not limited to clearing or grading, a
separate cash performance guaranty for soil erosion and sedimentation
control shall be posted. The amount of the guaranty shall be $200
per lot for subdivisions with typical soil erosion and sedimentation
control problems. However, the Township may require an increased amount
upon receiving written recommendation from the Township Engineer citing
critical soil and/or slope conditions. In the event of noncompliance
with the provisions of this chapter and/or the approved soil erosion
and sedimentation control plan, the Township may issue a written notice
to the developer. After 72 hours have lapsed from receipt of said
notice, the Township shall have the option to take corrective actions
and charge the cost of corrective actions against the cash performance
guaranties.
[Amended 12-17-1979 by Ord. No. 74-79; 7-16-1990 by Ord. No. 22-90]
(b)
In the event that the charges exceed the amount
of the cash performance guaranty, the deficit shall be paid by the
developer within 60 days. Upon acceptance of the subdivision improvements
by the Township, the remaining cash performance guaranty balance shall
be returned to the developer.
(2)
Lot improvements. Whereas the sidewalks, driveway
aprons and/or lot grading are normally required to be completed prior
to the issuance of a certificate of occupancy, it is recognized that
weather conditions could prevent their timely completion. Under said
conditions, a separate cash performance guaranty shall be posted prior
to the issuance of a certificate of occupancy in accordance with the
following: The cash performance guaranty or the lot grading shall
be in an amount approved by the Township. The cash performance guaranty
shall be accompanied by a statement by the developer listing the completion
date for the lot grading and/or other incomplete improvements. The
cash performance guaranty shall be further accompanied by a statement
from the prospective purchaser, acknowledging the incomplete improvements
and releasing the Township from all responsibility for the incomplete
improvements and for the amount of cash performance guaranty.
(3)
Performance guaranty.
[Added 10-16-1989 by Ord. No. 24-89]
(a)
Prior to the start of any major subdivision
construction, a separate performance guaranty shall be posted where
applicable for the value of all proposed drainage, curbing and pavement
within existing Township rights-of-way. The purpose of the guaranty
is to insure that all work within the right-of-way, when started,
shall be continued in a timely manner to maintain safe conditions
for the traveling public and adjacent residents.
(c)
This guaranty shall be terminated when an overall
guaranty is posted at time of final subdivision approval.
T.
Surface water management. A stormwater management plan consistent with the standards set forth within § 175-49A, which shall contain:
[Added 5-18-1981 by Ord. No. 14-81]
(1)
The size of the subwatershed and the location of the
site within the subwatershed(s) as shown on the Watersheds Overlay
Map No. 9 on the Washington Township Natural Resource Inventory.
(2)
The location, description and qualification of significant
natural and man-made features on and within 200 feet of the site boundaries,
including topography, all impervious surfaces and soil and drainage
characteristics, with particular attention to the location and description
of presently existing surface water runoff control devices, mechanisms
or areas, swamps, floodplains, swales, woods and vegetation, steep
slopes and other features critical to the purposes of this chapter.
(3)
The size of the nearest culvert or bridge downstream
of the discharge area, profiles and a cross section of the stream
channel upstream of that structure, as well as profiles and cross
sections of the stream channel at all points from the site, as required
by the Township Engineer.
(4)
The location, description and quantification of proposed
changes to the site, whether of a permanent or temporary nature, with
particular attention to impervious surfaces and interception of presently
dispersed flow which may have an impact upon the capacity of the soil,
vegetative cover and drainageways to absorb, retard, contain or control
surface water runoff.
(5)
Designation of critical or other areas to be left
undisturbed shall be shown in sufficient detail to be accurately marked
on the land.
(6)
A computation of the total surface water runoff before,
during and after the disturbance of land and/or construction of impervious
surfaces.
(7)
Proposed measures for surface water management.
(8)
A schedule for the sequence of installation of the
surface water management plan, related to the starting and completion
dates of the project.
(9)
A proposed maintenance schedule for all surface water
management structures stipulating current maintenance, continued maintenance
and responsibility for the same.
(10)
All proposed revisions of required data, as
well as such additional data as the Planning Board may require.[2]
[2]
Editor's Note: Former Subsection 16-6.4u,
Recreation Facilities, added 6-17-1991 by Ord. No. 16-91, which immediately
followed this subsection, was repealed 8-21-1995 by Ord. No. 27-95.
U.
Conservation easements.
[Added 9-16-1996 by Ord. No. 22-96]
(1)
Where conservation values relating to scenic vistas,
open space, historical areas, rural historic roadways, soil types,
steep slopes, rock outcroppings, preservation of trees, protection
of watercourses, protection of stream corridors and open water buffers,
protection of wildlife habitat, protection of wetlands and transition
areas, protection of significant horticultural, environmental or natural
features and elimination of excessive noise are deemed by the Planning
Board or Board of Adjustment to require special protection, said areas
shall be located within a conservation easement dedicated to the Township
of Washington.
[Amended 7-21-2003 by Ord. No. 23-03; 4-21-2014 by Ord. No.
05-14
(2)
All such easements shall be in a form satisfactory
to the Township Attorney.
(3)
The conservation easements shall be posted with markers stating "Conservation Easement" in the manner set forth in § 175-27V(5), (6) and (7).
V.
Wetlands.
[Added 8-19-1991 by Ord. No. 26-91]
(1)
The applicant shall have a wetlands expert perform
the delineation of and determine the classification of wetlands as
defined in N.J.A.C. 7:7A-2.5 on the tract and within 150 feet of the
tract. Said wetlands expert shall submit a written report on the wetlands
delineation, classification of wetlands and transition zone widths.
The report shall include a copy of a letter from Natural Heritage
Program indicating the presence or absence of threatened and/or endangered
species on the site. The report shall include a statement of the expert's
qualifications. The wetlands delineation, classification and transition
zone widths shall be shown on the plat.
(2)
All wetlands shall be clearly marked in the field.
The applicant's wetlands expert shall accompany the Major Subdivision
Committee and the Planning Board environmental consultant on the site
inspection.
(3)
The Planning Board environmental consultant shall
issue a written report recommending approval/disapproval of the wetlands
delineation, classification and transition zone widths.
(4)
All privately owned wetlands/transition zones shall
be located within a conservation easement dedicated to the Township
of Washington, in a form satisfactory to the Township Attorney. This
requirement shall also apply to any variance application before the
Board of Adjustment.
[Amended 9-16-1996 by Ord. No. 22-96; 7-21-2003 by Ord. No. 23-03]
(5)
The conservation easement shall be posted with three
inches by three inches anodized aluminum markers with a protective
coating. The markers shall state "Conservation Easement" with a Washington
Township logo. The markers may be purchased from the Township or from
an approved vendor.
[Amended 9-16-1996 by Ord. No. 22-96; 6-15-1998 by Ord. No. 22-98]
(6)
The markers shall be attached to four-inch by four-inch
posts made of cedar, redwood or cypress lumber embedded in concrete.
The location and height of the markers shall be shown on the plat.
[Amended 9-16-1996 by Ord. No. 22-96; 6-15-1998 by Ord. No. 22-98]
(7)
The Planning Board or Board of Adjustment may waive
the markers/posts requirement for agricultural areas or other areas
where the markers/posts are determined to be not warranted.
[Amended 9-16-1996 by Ord. No. 22-96; 7-21-2003 by Ord. No. 23-03]
W.
Geologic investigation. All applicants filing for major subdivision approval, conditional use approval or site plan approval (except minor site plans) in the Carbonate Area District (CAD) shall undertake a geologic investigation program, and shall complete the Phase I Geologic Investigation Checklist provided at the end of Chapter 111, Land Use Procedures. Submission of the Phase II Investigation Plan shall be based on the recommendation of the Township Geotechnical Consultant (TGC), which recommendation shall be based on the analysis set forth in § 175-30.
[Added 4-20-1998 by Ord. No. 4-98]
X.
Geotechnical details.
[Added 4-20-1998 by Ord. No. 4-98]
(1)
The location of all sinkholes, disappearing streams
or karst features shown on documents submitted under the Phase I and/or
Phase II Geologic Investigations shall be drawn on all preliminary
and final plats and site plans. The plats shall also note any site
remediation techniques to be utilized to stabilize any solution channels
or subsidence karst features. Where applicable, all final subdivision
plats shall contain the following wording:
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"Block ________ Lot _________ is underlain by
limestone formations. Limestone formations are susceptible to surface
collapse (or sinkholes) and subsidence caused by the physical erosion
and chemical alteration of the soil and bedrock. In limestone areas
the alteration and development of land may be hazardous with respect
to the foundation safety of structures, the creation of unstable land
as a result of changes in drainage and grading and the contamination
of ground and surface waters. The exact kinds of sinkholes and/or
subsidence is not always predictable. Despite any geologic investigation
or geotechnical evaluation which may have been required in connection
with the approval of this subdivision, there is no warranty, finding,
guarantee or assurance that a sinkhole and/or subsidence will not
occur on the property in this subdivision. The municipality, its agents,
consultants and employees assume no liability for any damages which
may result from sinkhole activity. All persons should always make
independent investigations of these matters prior to using this land
for construction of a building or structure or any activity which
alters the soil and bedrock materials."
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(2)
A declaration of covenants and restrictions in a form
satisfactory to the Planning Board Attorney shall be filed in the
office of the County Clerk simultaneous with the filing of the final
plat specifying which lots are so affected and containing similar
language.
[Amended 6-18-1979 by Ord. No. 54-79]
The final plat and all final construction plans
and profiles of improvements and other original exhibits shall be
filed with the Planning Board Clerk at least two weeks prior to the
regular meeting of the Planning Board when the plat is to be considered.
The plat shall be drawn in compliance with the provisions of the State
Map Filing Act.[1] The final plat shall show or be accompanied by the following:
A.
Identification. Date, name and key map of the subdivision,
name of owner, scale, graphic scale and reference meridian. The final
plat shall be drawn at a scale of not more than one inch equals 100
feet.
B.
Other contents. 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 with
accurate dimensions, bearings, distances, arc lengths, central angles,
tangents and radii of all curves and areas of each lot and areas to
be dedicated to public use in square feet.
C.
Public use. The purpose of any easement or land reserved
or dedicated for public use shall be indicated and the proposed use
of sites other than residential shall be noted.
D.
Block and lots. All block, lot and house numbers shall
be approved by the Township Engineer and the Tax Assessor and shall
be related to existing block and lot numbers as shown on the Official
Tax Map of the Township.
E.
Monuments. Location and description of all monuments
shall be shown.
F.
Consent of owner. Certification that the applicant
is agent or owner of the land, or that the owner has given consent
to file said map.
G.
Approval. When approval of a plat is required by any
officer or body, whether municipal, county or state, approval shall
be certified on the plat.
H.
Certifications. The following certifications shall
appear on the final plat:
(1)
I hereby certify that this map and the survey have
been made under my immediate supervision and comply with the provisions
of the Map Filing Law. (Include the following, if applicable:)
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I do further certify that the monuments as designated
and shown hereon have been set.
_____________________________________________________
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|
Licensed Land Survey
|
(Affix Seal)
| |
|
____________________
Date
| ||
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(If monuments are to be set at a later date,
the following endorsement shall be shown on the map.)
| ||
|
I certify that a bond has been given to the
Township of Washington guaranteeing the future setting of the monuments
shown on this map and so designate.
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______________________________
Township Clerk
| ||
|
____________________
Date
| ||
(2)
I hereby certify that all of the requirements of the
Washington Township Board of Health have been complied with.
|
______________________________
Health Officer
______________________________
Date
|
(3)
I hereby certify that all of the requirements of the
Municipal Utilities Authority have been complied with.
|
______________________________
Chairman
| |
|
______________________________
Date
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(4)
I have carefully examined this map and find it conforms
with the provisions of the Map Filing Law and the municipal ordinances
and requirements applicable thereto.
|
_____________________________________________________
Municipal Engineer (Affix
Seal)
| |
|
_____________________
Date
|
(5)
This application No ........... is approved by the
Washington Township Planning Board as a major subdivision.
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Chairman
_________________________________
| |
|
Date
_________________________________
| |
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Secretary
_________________________________
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|
Date
_________________________________
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I.
Affidavit. An affidavit signed and sworn to by the
applicant that the final plat is drawn and presented exactly the same
as the preliminary plat approved by the Planning Board, and if there
are any changes, all changes shall be set forth in the affidavit as
exceptions to the general statement. Said affidavit shall be submitted
in an original and two copies.
J.
Utilities. A written instrument from each serving utility shall evidence full compliance with the provisions of § 175-47C(1).
[Added 6-15-1981 by Ord. No. 23-81]
K.
Location of all passing, unsatisfactory and abandoned
percolation tests shall be shown on final construction plans.
[Amended 12-21-1981 by Ord. No. 48-81][2]
[2]
Editor's Note: Former Subsection 16-6.5, Paragraph
I, regarding updated recreation plans and alternatives, added 6-17-1991
by Ord. No. 16-91, which immediately followed this subsection, was
repealed 8-21-1995 by Ord. No. 27-95.
L.
Notice of farm use.
[Added 3-19-2001 by Ord. No. 7-01]
M.
In addition to the above required drawings, a CAD
copy of the final plat, certified by a New Jersey licensed surveyor,
prepared in accordance with the New Jersey Map Filing Act,[3] shall be submitted. All required information appearing
on the digital version of the final plat shall appear on separate
layers of the drawing in accordance with the adopted criteria as found
in Appendix G, Digital Mapping Submission Standards, of the County
of Morris. All work shall be based upon the New Jersey system of plane
coordinates as defined in N.J.S.A. 51:3-7. The drawing shall identify
a minimum of three corners distributed around the tract and shall
indicate the grid coordinate values geo referenced to within 0.3 feet
of the National Geodetic Reference Network, as amended and updated.
The monumentation shall be in a United States Survey Feet based upon
the standard conversions from meters to feet in accordance with adopted
standards of the National Oceanic Atmospheric Administration.
[Added 9-20-2004 by Ord. No. 22-04]
[3]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[Added 7-18-1994 by Ord. No. 15-94]
A.
B.
Conservation easements along streams and wetlands
and transition areas shall be required.
D.
All utilities shall be placed below ground.
E.
Preliminary and final approval may be requested and
approved simultaneously.
G.
A public hearing and notice are required.
[Added 4-20-1998 by Ord. No. 4-98]
A.
Purpose. The purpose of the investigation is to provide
sufficient data to define all existing geologic conditions for which
appropriate site design and/or engineering solutions may be necessary
to minimize any adverse public health, safety, general welfare or
environmental impacts caused by the project.
B.
Applicability. This chapter shall be applicable to
all development in the Carbonate Area District requiring major subdivision,
conditional use or site plan approval (except minor site plans) and
wastewater disposal systems requiring state permits or treatment works
approvals.
C.
Procedures and submission requirements for the Carbonate
Area District.
(1)
All applicants filing for preliminary major subdivision,
conditional use or preliminary site plan approval (except minor site
plans) shall complete and file with the approving authority and the
Township Geological Consultant (TGC) the Phase I, Geologic Investigation
Checklist. In the case of applications for site plans or subdivisions,
the Phase I Geologic Investigation Checklist may be completed and
filed prior to a formal application for preliminary approval.
(2)
The geologic investigation checklist shall:
(a)
Be prepared and conducted by the applicant's
geological consultant (AGC) who shall be a geologist or professional
engineer with experience in karst terrains.
(b)
Identify the geologic nature of the materials
underlying the site.
(c)
Be based on an on site/area field investigation
and document review and shall include a description of the site geology;
groundwater conditions such as depth to/direction of flow and evaluation
of the potential impact of the project on groundwater quality; and
identification of any karst/solution features observed and the structural
control of the same.
(d)
Note karst/solution features which shall be
flagged in the field.
(3)
Both the TGC and the AGC will review the applicant's
findings in the field.
(4)
The Phase I Geologic Investigation Checklist information
shall be reviewed by the TGC, and a review report shall be submitted
by the TGC to the approving authority within 30 days of the submission
by the applicant of the Phase I Investigation Checklist. The TGC's
report shall review the completeness of the Phase I Investigation
Checklist and shall recommend either that a Phase II Investigation
Plan be prepared and submitted or that portions or all of the requirements
of the Phase II Investigation be waived. The recommendation shall
be based on the data submitted, the review of the data and other pertinent
information by the TGC, the field visit and the purposes of this chapter.
(5)
The approving authority shall rule on the completeness
of the checklist within 35 days of the receipt of the TGC's review
report.
(6)
The approving authority shall determine whether a Phase II Investigation Plan to further investigate karst/solution features and address groundwater protection shall be required, based on the data submitted, the recommendation of the TGC and the purposes of this chapter. The purpose of the Phase II Investigation Plan is to delineate and define karst features noted or suspected in the Phase I Geological Investigation Checklist, to evaluate the effects of the same on the proposed development and to propose methods of remediation if needed. The approving authority may grant a waiver from part or all of the geotechnical evaluation and report requirements under § 175-30C upon recommendation of the TGC.
(7)
If a Phase II Investigation Plan is required, the
same shall be prepared by the AGC and filed with the approving authority
and the TGC.
(8)
The Phase II Investigation Plan shall include a narrative
describing the types of features to be investigated, their locations,
the types of direct/indirect methods to be used and the reasons for
their use. Direct methods shall include site reconnaissance, test
pits, test probes, test borings or other appropriate methods. Indirect
methods shall include aerial photography and geophysical procedures.
A site plan indicating the areas of investigation, proposed locations
of testing and types of testing shall accompany the Phase II Investigation
Plan.
(9)
The Phase II Investigation Plan shall be reviewed
by the TGC, and a review report shall be submitted by the TGC to the
approving authority within 30 days of the submission by the applicant
of the Phase II Investigation Plan. The TGC's report shall review
the completeness of the Phase II Investigation Plan and shall also
indicate whether any proposed testing methodology is appropriate and
reasonable or is prohibited because of the potential danger the methodology
may pose to the integrity of the site or the health, safety and welfare
of the community. If the TGC recommends the disapproval of the testing
program, the recommendation shall include suggestions on alternate
methodology which would provide the requisite data. The recommendation
shall be based on the data submitted, the review of the data and other
pertinent information by the TGC, and the purposes of this chapter.
(10)
The approving authority shall approve or disapprove
the Phase II Investigation Plan within 35 days of the receipt of the
TGC's report. Approval of the plan shall include a specification of
the nature and extent of the Phase II Investigation, the results of
which shall be in the Geotechnical Evaluation Report.
(11)
After the Phase II Investigation Plan has been
approved by the approving authority, a permit shall be issued to the
applicant by the Township Engineer authorizing the commencement of
the testing procedure.
(12)
The following protocol and procedures shall
be utilized in conducting the approved Phase II Investigation and
geotechnical evaluation by the applicant, with observation by the
TGC:
(a)
Any on-site evaluations and tests undertaken pursuant to this chapter shall not begin until the applicant has received a permit pursuant to § 175-30C(11).
(b)
The applicant shall provide written notice to
the Township Clerk, the Township Engineer and the TGC, by certified
mail, return receipt requested, at least 15 days prior to the commencement
of any testing procedures.
(c)
The proposed development site shall be subject
to inspection by the TGC, the Township Engineer or designated municipal
officials at any time.
(d)
All testing data and results shall be made available
to municipal officials and inspectors on demand.
(e)
All site investigations shall be properly closed
in accordance with N.J.A.C. 7:9-9.1 et seq.
(13)
At the completion of the Phase II Investigation
a formal Geotechnical Evaluation Report shall be submitted which shall
include the following information gathered during the testing protocol:
(a)
Logs of all borings, test pits and probes, including
evidence of cavities, loss of drilling fluid circulation during drilling,
voids encountered and similar cavities.
(b)
The type of drilling or excavation technique
employed.
(c)
Drawings of monitoring or observation wells
as installed.
(d)
The time and dates of exploration tests.
(e)
Reports of chemical analyses of on-site surface
and ground water in cases of potential impact as determined by the
TGC.
(f)
The names and qualifications of individuals
conducting the tests.
(g)
The analytical methods used on soils, water
samples and rock samples.
(h)
A one-inch-equals-one-hundred-feet-scale topographic
map of the site (at a contour interval of two feet) locating all test
pits, borings, wells, seismic or electromagnetic conductivity or other
geophysical surveys and analysis of the groundwater, including any
potentiometric maps constructed from site data or aquifer tests with
rate and direction of flow, if required by the approved Phase II Investigation
Plan.
(i)
A geologic interpretation of the observed subsurface
conditions, including soil and rock type, geologic unit, jointing
(size and spacing), faulting, voids, fracturing, grain size and sinkhole
formation.
(j)
An evaluation of the geotechnical findings at
the site gathered during the Phase II Investigation, in relation to
the proposed development, and recommendations for the planning, engineering
design and construction techniques to be utilized in accomplishing
the project. All design recommendations shall minimize, to the greatest
extent practical, impacts upon water quality and structural hazards
associated with limestone formations. The engineering solutions proposed
to minimize environmental and structural impacts for the useful life
of the project, as well as during construction, must be clearly detailed.
(k)
Any other information required by the approved
Phase II Investigation Plan.
(14)
Review report.
(a)
The Geotechnical Evaluation Report shall be
reviewed by the TGC, and a review report shall be submitted by the
TGC to the approving authority within 30 days of the submission by
the applicant of the Geotechnical Evaluation Report. The TGC's report
shall review the completeness of the Geotechnical Evaluation Report
and shall advise the approving authority whether or not the applicant
has provided the municipality with:
[1]
Site specific design and construction details
and specifications to ensure that the proposed development of the
tract will be properly implemented and will not adversely impact on
the health, safety and welfare of the community.
[2]
Verification that the proposed method of development
of the tract will minimize any adverse effects on the quality of surface
or subsurface water and will not alter the character of surface and/or
subsurface water flow in a manner detrimental to known on-site or
off-site conditions.
[3]
Testing and design performance standards which comply with the standards set forth in § 175-52 and good engineering practices.
[4]
Specific details on inspection procedures to
be followed during the construction and after project completion.
(b)
The recommendation shall be based on the data
submitted, the review of the data and other pertinent information
by the TGC and the purposes of this chapter.
(15)
The approving authority shall, within 45 days
of the receipt of the report from the TGC, approve or disapprove the
proposed geotechnical aspects of the development plan and associated
construction techniques. In the event that the approving authority
denies the proposed development plan and associated construction procedures,
the approving authority shall state in the resolution its reasons
for disapproval.
D.
Geologic hazards discovered during construction in
the CAD. A specific geologic hazard may not be identified and remediated
while the geologic investigation program is underway and may be discovered
during or after construction. In such cases the developer and/or the
owner shall:
(1)
Report the occurrence of the hazard to the Township
Clerk and Engineer within 24 hours of discovery.
(2)
Halt construction activities which would impact the
geologic hazard.
(3)
Prepare a report on the geologic hazard which analyzes
the impact of the hazard and details a remediation plan for review
and approval by the TGC.
(4)
After obtaining approval from the municipality, perform
necessary remediation of the hazard to prevent or minimize damage
to buildings, structures, utilities, driveways, parking areas, roadways
and other site improvements and to minimize pollution of the groundwater.
(5)
Repair any damage to improvements and restore ground
cover and landscaping.
(6)
Reimburse the Township for the cost of inspection
or other costs incurred in connection with the geologic hazard.
E.
Compliance and enforcement.
(1)
Compliance with this chapter in the CAD is required
prior to the granting of preliminary major subdivision, conditional
use or preliminary site plan approval (except minor site plans). The
completion of geotechnical improvements is required before the commencement
of construction where appropriate, or concurrently with construction
when necessary, but in any event prior to the issuance of any certificate
of occupancy for the project. The enforcement officials for any application
requiring the approval of the Planning Board or Board of Adjustment
subject to this chapter shall be the Township Engineer and the TGC.
The Township Engineer shall serve as the enforcement official for
wastewater systems requiring New Jersey Department of Environmental
Protection permits or treatment works approvals.
(2)
Failure to comply with any of the conditions in this
chapter may result in the issuance of a stop-work order, revocation
of building permits or denial of certificates of occupancy. Remedial
and corrective measures may be mandated if the appropriate construction
and site planning techniques, as outlined in the applicant's approved
Geotechnical Evaluation Report, are not followed and result in actions
which adversely impact karst features.
F.
Carbonate Area District data distribution. On-site
geologic information collected through the provisions of this chapter
represents important resource data. Copies of the final Geotechnical
Evaluation Report and all maps and accompanying data shall be filed
with the Township Board of Health, the Township Clerk, and the Planning
Board Secretary. The municipality shall develop a catalog system of
all available municipally-generated geologic reports. This file shall
be accessible to the public during normal working hours.
G.
In limestone areas the alteration and development
of land may be hazardous with respect to the foundation safety of
structures, the creation of unstable land as a result of changes in
drainage and grading and the contamination of ground and surface waters.
The exact kinds of sinkholes and/or subsidence is not always predictable;
therefore, the administration of these regulations shall create no
liability on behalf of the municipality, the Township Engineer, the
Township Geotechnical Consultant, municipal employees or municipal
agencies as to damages which may be associated with the formation
of sinkholes or subsidence. Compliance with these regulations represents
no warranty, finding, guarantee or assurance that a sinkhole and/or
subsidence will not occur on an approved property. The municipality,
its agents, consultants and employees assume no liability for any
financial or other damages which may result form sinkhole activity.
It is also noted that sinkholes and ground subsidence may occur in
areas outside the CAD and/or in areas of carbonate geology presently
not identified as such. The applicant and/or property owner should
always make independent investigations of these matters prior to using
the land for construction of a building or structure or any activity
which alters the soil and bedrock materials.
