This chapter shall be known and may be cited
as the "Land Subdivision Ordinance of Jefferson Township."
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.
[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.).
[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.
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.
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]
(2)
COLLECTOR STREETSAre 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 STREETSAre those which are used primarily for access to the abutting properties.
(4)
MARGINAL ACCESS STREETSAre 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)
ALLEYSAre 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]
[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, 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]
(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).
(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]
[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.
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:
[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]
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 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.
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.
(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.
[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:
[3]
Minor, dead-end or marginal access street: 12%.
(b)
The maximum grade within 50 feet of an intersection
shall be 5%.
(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]
[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.), the municipality may institute and maintain a civil
action:
(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), 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).
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.
[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.