[Amended by Ord. No. 28-1988; Ord. No. 19-1989]
A.
Prior to the subdivision or resubdivision of land and prior to the issuance of a conditional use permit, construction permit, zoning permit or certificate of occupancy for any development, an application shall be submitted to and approved by the Planning Board in accordance with the requirements of this article, except that subdivision or individual lot applications for detached one- or two-family dwelling unit buildings shall be exempt from site plan review and approval. In the event the subdivision or site plan application requires action by the Board of Adjustment as provided in this chapter, said application shall be submitted to and processed by said Board, which shall act to the same extent and subject to the same restrictions as the Planning Board as set forth in this article. In accordance with § 170-94E(6), site plan approval shall be required for any change in use of land or an existing building involving different use categories enumerated in § 170-94E where the new use category requires a greater number of off-street parking spaces.
B.
An application for a conditional use, subdivision
or site plan or variance approval by the Planning Board shall be filed
with the administrative officer at least two weeks prior to a regular
meeting of the Planning Board. Any application for any requested action
by the Board of Adjustment shall be filed with the administrative
officer at least three weeks prior to a regular meeting of the Board
of Adjustment.
C.
Said application for conditional use, subdivision
or site plan shall be made in triplicate on forms available from the
administrative officer and shall be accompanied by the required filing
fee and 15 blue- or black-on-white prints of the subdivision plat
or site plan and 15 copies of any other required documents and improvement
plans. An application for final subdivision approval shall also be
accompanied by the original tracing. An application for variance approval
only shall be made on forms available from the administrative officer
and shall be accompanied by the required filing fees and 12 copies
of the survey indicating all existing and proposed buildings and structures
with all front, rear and side yard dimensions and 12 sets of building
plans, either bearing the seal of a licensed New Jersey architect
or certified as having been prepared by the homeowner for his/her
own use and occupancy.
D.
The application shall be accompanied by all required fees as established by Article VII to cover the technical, investigative and administrative expenses involved in processing the application.
E.
If the application for development is found to be
incomplete by the Planning Director, the developer shall be notified
thereof within 45 days of submission of such application, or it shall
be deemed to be properly submitted.
A.
Upon receipt of an application, the Planning Director
shall forward the same to either the Planning Board or Board of Adjustment,
depending upon who has jurisdiction. If the Planning Board has jurisdiction,
the Planning Director shall forward a copy to each of the following
for report and recommendation:
B.
The Planning Director shall review the application
along with reports required from any officials or agencies and shall
submit his findings and recommendations to the Planning Board.
C.
The Planning Board shall grant or deny the application
within the following time periods after submission of a complete application,
prescribed below, or within such further time as may be consented
to by the applicant.
(1)
The approval of any site plan by the appropriate approval
agency shall establish the exact use of all buildings, structures
and improvements on site, and said buildings, structures and improvements
shall be limited to those uses as indicated on the approved plan.
Any deviation in the use of the site or any part thereof from the
approved plan shall be deemed a violation of this chapter.
|
Type of Application
|
Period of Time for Action by Planning
Board
(days)
| ||
|---|---|---|---|
|
Minor subdivision or resubdivision
|
45
| ||
|
Preliminary plat
| |||
|
10 lots or less
|
45
| ||
|
More than 10 lots
|
95
| ||
|
Preliminary site plan
| |||
|
10 acres of land or less
|
45
| ||
|
More than 10 acres of land
|
95
| ||
|
Final plat
|
45
| ||
|
Final site plan
|
45
| ||
|
Conditional use
|
95
| ||
|
An application for development requiring any
kind of variance
|
120
| ||
(2)
Failure of the Planning Board to act within the period
prescribed above shall constitute approval; provided, however, that
any applicant who wishes to claim approval of his application for
development by reason of the failure of the municipal agency to grant
or deny approval with the time periods as set forth in this section:
(a)
Shall provide notice of the default approval
to the municipal agency and to all those entitled to notice by personal
service or certified mail of the hearing on the application for development;
but for purposes of determining who is entitled to notice, the hearing
on the application for development shall be deemed to have required
public notice pursuant to Section 7.1a of P.L. 1975, c. 291 (N.J.S.A.
40:55D-12a).
(b)
Shall arrange publication of a notice of the
default approval in the official newspaper of the municipality, if
there is one, or in a newspaper of general circulation in the municipality.
(c)
Shall file an affidavit of proof of service
and publication with the administrative officer, who, in the case
of a minor subdivision or final approval of a major subdivision, shall
be the officer who issues certificates pursuant to Section 35, Section
38b or Section 63c of P.L. 1975, c. 291 (N.J.S.A. 40:55D-47, 40:55D-50b
or 40:55D-76c), as the case may be.
D.
Whenever review or approval of an application by the
County Planning Board is required by the County Land Development Standards,
the developer shall submit the same and the Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
E.
If the scheduled time of the Planning Board meeting
allows insufficient time for the Board to reach a determination regarding
action of an application within the time prescribed in this section,
the developer shall be requested to consent to an extension of time.
At the request of the developer, the Planning
Board shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. This step is optional and is recommended by the Planning
Board. The concept plan is designed to enable the Planning Board and
the applicant to discuss and evaluate principles and potential problems
involved before the applicant has gone to the expense of completing
detailed engineering drawings as required for further processing of
the development application. The developer shall not be bound by any
concept plan for which review is requested, and the Planning Board
shall not be bound by any such review.
[Amended by Ord. No. 7-1992]
B.
If classified and approved as a minor subdivision,
a notation to that effect will be made on the minor subdivision plat.
Said approval shall be noted in the minutes of the Planning Board.
The Chairman and Secretary of the Planning Board shall sign the approved
minor subdivision plat, and said approval shall be deemed to be final
approval. Said minor subdivision, after approval, shall be returned
to the developer within one week following the signing of said plat
by the Chairman and Secretary.
C.
Except as provided in Subsection F of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Township Engineer and Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said law.
D.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted, shall not be changed for a period of two years after
the date on which the resolution of minor subdivision approval is
adopted, provided that the approved minor subdivision shall have been
duly recorded as provided in this section.
E.
If the application for a minor subdivision is classified
as a major subdivision, the developer will be so notified. No further
Planning Board action on the application shall be required, and the
developer shall follow the procedures contained herein for processing
approval of a preliminary and final plat of a major subdivision.
F.
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection C of this section if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise by the expiration date.
G.
The Planning Board shall grant an extension of minor
subdivision approval for a period determined by the Board but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for such extension before what
would otherwise be the expiration date of minor subdivision approval
or the 91st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.
[Added 9-5-2006 by Ord. No. 33-2006]
B.
Minor site plan approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Failure of the Planning Board to
act within the period prescribed shall constitute minor site plan
approval.
C.
Whenever review or approval of the application by
the county planning board is required by Section 8 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.6), the Planning Board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the county planning board or approval by the county planning board
by its failure to report thereon within the required time period.
D.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted, shall not be changed for a period of two years after
the date of minor site plan approval. The Planning Board shall grant
an extension of this period for a period determined by the Board but
not exceeding one year from what would otherwise be the expiration
date, if the developer proves, to the reasonable satisfaction of the
Board, that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the approvals.
A developer shall apply for this extension before: what would otherwise
be the expiration date; or the 91st day after the date on which the
developer receives the last of the legally required approvals from
other governmental entities, whichever occurs later.
[Amended by Ord. No. 7-1992]
A.
Any application for approval of a preliminary plat or preliminary site plan shall be filed in accordance with § 170-61 and shall contain all information as required in § 170-71C or E, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required. The Planning Director shall report to the Planning Board on all subdivision and site plan applications.
B.
If the Planning Director processing an application finds that said application is in substantial compliance with the provisions of this chapter, he shall so report to the Board, and the Planning Board shall schedule a hearing on the application pursuant to Article VI of this chapter. If the application is found to be not in compliance, he shall so inform the developer within 45 days of submission and shall require the filing of an amended application which shall be processed as in the case of the original application.
C.
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of the hearing, an amended application shall be submitted
and processed upon, as in the case of the original application. After
the Planning Board is satisfied that the proposed application, together
with any conditions as imposed by the Board, meets all of the conditions
of this chapter, it shall grant preliminary approval.
D.
Preliminary approval shall, except as provided in Subsection D(4), confer upon the developer or the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(1)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 170-72B, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2)
That the developer may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
(3)
That the developer may apply for and the Planning
Board may grant extensions of such preliminary approval for additional
periods of at least one year, but not to exceed a total extension
of two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
(4)
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units arid nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(5)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection D(3) or (4) and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(6)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection D(3) or (4) above.
[Amended by Ord. No. 7-1992]
A.
Prior to the filing of an application for final subdivision
approval, the developer shall have installed the improvements as herein
required under the supervision and inspection of the Township Engineer,
except that the Planning Board may accept performance guaranties to
assure the installation of only the following improvements:
B.
All on-tract improvements for site plans, as required in § 170-72B, shall be installed prior to the issuance of a certificate of occupancy; provided, however, that due to inclement weather, an owner may defer installing all required improvements for a period not to exceed six months from the time the certificate of occupancy is issued, provided that a performance guaranty in an amount satisfactory to the Township Council is posted with the Township prior to the issuance of said certificate of occupancy.
C.
No such performance guaranty shall be accepted unless
and until the Township Engineer shall have certified to the Planning
Board the accuracy of the description of the improvements to be made
and the sufficiency of the amount thereof to assure completion of
improvements and the Township Attorney shall have approved the form
and sufficiency of the execution thereof. The performance guaranty
shall state the time period within which all improvements are to be
installed by the developer.
D.
The cost of the installation of improvements for the
purposes of determining the amount of a performance guaranty shall
be estimated by the Township Engineer based on documented construction
costs for public improvement prevailing in the general area of the
Township. The developer may appeal the Township Engineer's estimate
to the Township Council. The Township Council shall decide the appeal
within 45 days of receipt of the appeal, in writing, by the Township
Clerk. After the developer posts a guaranty with the Township based
on the cost of the installation of improvements as determined by the
Township Council, he may institute legal action within one year of
the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guaranty.
[Amended by Ord. No. 7-1992]
A.
The performance guaranty for the installation of those improvements required shall be in favor of the Township in an amount equal to 120% of the cost of such improvements, as determined pursuant to § 170-66D, subject to the following:
(1)
At least 10% of the performance guaranty shall be
in the form of cash or a certified check made payable to the Township.
A developer may, at his option, provide more than 10% of the performance
guaranty in cash.
(2)
In lieu of a surety bond, a performance guaranty may
be in the form of an irrevocable letter of credit if it:
(a)
Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to § 170-66D;
(b)
Is issued by a banking or savings institution
authorized to do and doing business in this state;
(c)
Is for a period of time of at least one year;
and
(d)
Permits the Township to draw upon the letter
of credit if the obligor fails to furnish another letter of credit
which complies with the provisions of this subsection 30 days or more
in advance of the expiration date of the letter of credit or such
longer period in advance thereof as is stated in the letter of credit.
B.
The performance guaranty shall secure performance within a term not to exceed 18 months from the date of final approval. With the consent of the principal, the performance guaranty may be extended by the Township Council after the recommendation by the Planning Board, by resolution, for an additional period not exceeding 18 months. As a condition or a part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation of the improvements as determined by the Township Engineer according to the method of calculation set forth in § 170-66D as of the time of the passage of the resolution.
C.
The amount of the performance guaranty may be reduced
by the Township Council, by resolution, when portions of the improvements
have been certified by the Township Engineer to have been completed.
D.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the Township for the
reasonable cost of the improvements not completed or corrected, and
the Township may, either prior to or after the receipt of the proceeds
thereof, complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts law, N.J.S.A. 40A:11-1 et seq.
E.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the obligor may request of the Township Council, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared pursuant to § 170-66D and appended to the performance guaranty pursuant to § 170-67A, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon, the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of and remedy for the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared in accordance with § 170-66D and appended to the performance guaranty pursuant to § 170-67A.
F.
The Township Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of those improvements upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared in accordance with § 170-66D and appended to the performance guaranty pursuant to § 170-67A. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Council, the obligor shall be released from all liability pursuant to its performance guaranty with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements. If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection E of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the Township Council fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared in accordance with § 170-66D and appended to the performance guaranty pursuant to § 170-67A; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. In the event that the obligor has made a cash deposit with the Township as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.
G.
If any portion of the required improvements is rejected,
the Township Council may require the obligor to complete or correct
such improvements, and, upon completion or correction, the same procedure
of notification, as set forth in this section, shall be followed.
[Amended by Ord. No. 7-1992]
A.
A maintenance guaranty shall be posted with the Township Council for a period not to exceed two years after final acceptance of the improvements in an amount not to exceed 15% of the cost of the improvements as determined in accordance with § 170-66D. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.
B.
The Township Engineer shall review the maintenance
guaranty. It shall be reviewed by the Township Attorney as to form,
sufficiency and execution and approved by the Township Council.
C.
In lieu of a surety bond, a maintenance guaranty may, at the developer's option, be in cash or in the form of a letter of credit, subject to the requirements of § 170-67A(2).
A.
All improvements required by the Planning Board, except
telephone, electric and gas, shall be installed under the supervision
and inspection of the Township Engineer. No construction work covering
the required improvements shall be commenced without the developer
first notifying the Engineer that said construction work is about
to take place. Such notice shall be given in writing to the Township
Engineer at his office in the Township Hall at least one week before
the commencement of such work. No required improvements shall be covered
until inspected and approved by the Township Engineer.
B.
Prior to the issuance of a certificate of occupancy
an as-built plan, certified by a licensed land surveyor, shall be
submitted to the Construction Official and Township Engineer, which
shall show all details of the application for development as approved
by the Planning Board or Board of Adjustment, as the case may be.
[Amended by Ord. No. 7-1992]
A.
Application for approval of a final plat or a final site plan shall be filed in accordance with § 170-61 and shall contain all the information prescribed in § 170-71D or G, as the case may be. Said application shall be filed within the period prescribed in § 170-61B and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required. The Planning Director shall report to the Planning Board on all subdivision applications and site plan applications, respectively.
B.
If the Planning Director processing an application finds that said application is in compliance with the general terms and conditions of the preliminary approval of said application, he shall so report to the Board, and the Board shall schedule a hearing on the application pursuant to Article VI of this chapter. If the application is found to be deficient in any respect, said Director shall so inform the developer within 45 days of submission and shall require the filing of an amended application, which shall be processed as in the case of the original application.
C.
After the Planning Board or Board of Adjustment, as
the case may be, is satisfied that the proposed application, together
with any conditions as imposed by said Board, meets all the conditions
of preliminary approval, it shall grant final approval.
D.
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3 in the
case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site
plan, the Township Planning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
E.
If final approval is granted, copies of the plat or
site plan shall be signed by the Chairman and Secretary of the Board
granting said approval and copies shall be furnished by the applicant
so that the Secretary shall file the approved plans with the following:
(1)
The Township Clerk: one black-on-white print.
(2)
The Township Engineer: two translucent Mylars, two
cloth prints and three black-on-white prints.
(3)
The Construction Official: one black-on-white print.
(4)
The Assessor: one black-on-white print.
(5)
The Planning Board: one black-on-white print.
F.
The effect of final approval shall be as follows:
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 170-57D, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that in the case of a major subdivision, the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time period provided in Subsection G of this section. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection G of this section, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of the chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 170-57D for the section granted final approval.
(2)
In case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection F(1) of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(3)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection F(1) or (2) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4)
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection F(1) or (2) of this section.
G.
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless, within such period,
the plat shall have been duly filed by the developer with the county
recording officer. The Planning Board may, for good cause shown, extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat. The Planning Board may
extend the ninety-five-day or one-hundred-ninety-day period if the
developer proves to the reasonable satisfaction of the Planning Board
that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for an extension either
before or after the original expiration date.
H.
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-56. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 170-66. If the county recording officer records any plat without such approval, such recording shall be deemed null and void.
I.
Nothing contained in this chapter shall be construed
to permit the issuance of a construction permit on any lot in a subdivision
or on any lot requiring site plan approval until final approval as
heretofore required is granted by the Planning Board or Board of Adjustment
as the case may be and properly filed by the county recording officer
as herein required.
[Amended by Ord. No. 20-1989; 5-5-2008 by Ord. No.
9-2008; 11-7-2011 by Ord. No. 31-20111-27-2020 by Ord. No. 2-2020]
A.
Concept plan. The concept plan for any application for development
shall be based on Tax Map information or some other similarly accurate
information and shall be drawn by a New Jersey licensed professional
engineer, land surveyor, architect, professional planner or landscape
architect, as required by the New Jersey Administrative Code, and
shall show the name and address of the preparer and the following
information:
(1)
Concept plan for a subdivision:
(a)
The location of that portion which is to be subdivided in relation
to the entire tract.
(b)
All existing structures and wooded areas within the portion
to be subdivided and within 200 feet thereof.
(c)
The names of the applicant(s) and owner(s) and the names and
addresses of all adjoining property owners as disclosed by the most
recent Township tax records.
(d)
The Tax Map block(s) and lot numbers and zone district(s).
(e)
All streets or roads and streams within 500 feet of the subdivision.
(f)
The original and proposed lot layout, lot dimensions and total
area of each lot.
(g)
Existing contours at sufficient intervals to determine the general
slope and natural features and drainage of the tract.
(h)
The scale and reference meridian with North arrow.
(2)
Concept plan for a site plan:
(a)
The name(s), title(s) and address(es) of the applicant(s) and
owner(s) and the names and addresses of all adjoining property owners
as disclosed by the most recent Township tax records.
(b)
A key map indicating, at a scale not greater than one inch equals
1,000 feet, the general location of the site and zone district and
showing street locations, lot lines, zoning district boundaries and
municipal boundaries within 500 feet of the site.
(c)
A survey of the site.
(d)
A site illustration, indicating with sufficient accuracy all
boundaries of the site with natural features of the land and showing
all developed, undeveloped and to-be-developed portions. The illustration
shall convey the development scheme, including all buildings, circulation,
parking and landscaping, whether existing or proposed.
(e)
An evaluation statement, consisting of a general description
of the intended project and an assessment of its anticipated broad
impact on the neighborhood, the community and the environment, including
but not necessarily limited to considerations of land use, visual
qualities, traffic, drainage, utilities and natural resources.
(f)
Preliminary architectural plans.
B.
Minor subdivision plat. The minor subdivision plat shall be drawn
by a licensed New Jersey professional engineer or land surveyor as
required by the New Jersey Administrative Code and shall be based
on Tax Map information or some other similarly accurate base, at a
scale of not more than one inch equals 50 feet, and shall show or
include the following information:
(1)
The location of that portion which is to be subdivided in relation
to the entire tract.
(2)
All existing structures, wooded areas and wetlands on the tract.
(3)
The name(s) and address(es) of the owner(s) and the names of all
adjoining property owners, as disclosed by the most recent Township
tax records.
(4)
The Tax Map sheet, block and lot number of the property to be subdivided.
(5)
The original and proposed lot layout, lot dimensions, total area
of each lot, and metes and bounds description for each lot within
the subdivision.
(6)
Topographic data if steep slopes or other physical conditions of
the land are likely to result in drainage problems or otherwise cause
concern in connection with the future development of the property.
(7)
The name and address of the person preparing the map, the scale,
reference meridian and North arrow.
(8)
Present zoning districts of the property to be subdivided and of
adjoining properties.
(9)
Certification from the Township Tax Collector that no taxes, or assessments
for local improvements, are due or delinquent.
(10)
Soil erosion and sediment control plan if required in accordance
with N.J.S.A. 4:24-39 et seq. or successor legislation. Said plan
shall be submitted to the Soil Conservation District in accordance
with said statute, and approval of the application shall be conditioned
upon certification of the soil erosion and sediment control plan by
the district.
(11)
A key map showing the proposed minor subdivision and its relation
to surrounding areas within 500 feet of the extreme limits thereof.
(12)
All improvements abutting the subject property, such as street
pavement, curbs, sidewalks, sanitary and storm sewers, waterlines,
electric lines, gas lines and television and telephone cables.
(13)
If the applicant is a corporation or a partnership, the application
form shall list the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be.
C.
Preliminary plat. The preliminary plat shall be prepared by a licensed
New Jersey licensed architect, professional engineer, land surveyor
or professional planner, at a scale of not more than 100 feet to the
inch. The plat shall show or be accompanied by sufficient information
to establish the design, arrangement and dimensions of streets, lots
and other planned features as to form, size and location. This information
shall form the basis for the general terms and conditions upon which
preliminary approval may be granted and shall include:
(1)
A key map showing the entire subdivision and its relation to surrounding
areas within 500 feet of the extreme limits thereof.
(2)
The proposed name of the subdivision. The name shall not duplicate,
be the same in spelling or alike in pronunciation with any other recorded
subdivision, except that plats of portions of a larger subdivision
may bear the same name if the several portions are consecutively numbered
by section.
(3)
The name and address of the person who prepared the plat, the date
of its preparation, the scale thereof and the reference meridian and
a North arrow.
(4)
The Tax Map block and lot numbers.
(5)
The present zoning district(s) within which the subdivision and adjoining
properties are located.
(6)
The name and address of the record owner(s), along with certification
that the applicant is the owner of the land or his authorized agent
or that the owner has given consent under an option agreement, giving
names and addresses of both.
(7)
If the applicant is a corporation or a partnership, the application
form shall list the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be.
(8)
The names of adjacent subdivisions, if any, and of the owners of
adjoining parcels of unsubdivided land.
(9)
The acreage of the tract to be subdivided to the nearest 1/10 acre.
(10)
Certification from the Township Tax Collector that no taxes,
or assessments for local improvements, are due or delinquent on the
subject property.
(11)
Existing contours with intervals of not more than five feet
where the slope is greater than 10%, and not more than two feet where
the slope is less than 10%. Elevations are to be based on sea level
datum. Inquiry respecting such datum shall first be made at the office
of the Township Engineer.
(12)
The location of and principal dimensions for all proposed streets,
sidewalks, alleys, rights-of-way, easements, lot lines, drainage rights-of-way
and areas to be reserved for public use.
(13)
Plans for utility systems such as water, gas, storm and sanitary
sewers, telephone, cable and electricity, if underground, and showing
location of poles where telephone, cable and electric service are
overhead. Connections to existing or proposed utility systems should
be shown.
(14)
Plans and profiles of all proposed streets and sidewalks within
the subdivision, and profiles of existing or future continuing streets,
a minimum distance of 200 feet beyond the subdivision boundaries.
The central angle of all arcs and curves along all street lines shall
be shown.
(15)
A copy of any protective covenants or deed restrictions applying
to land being subdivided.
(16)
A soil erosion and sediment control plan, if required in accordance
with N.J.S.A. 4:24-39 et seq. or successor legislation. Said plan
shall be submitted to the Soil Conservation District in accordance
with said statute, and approval of the application shall be conditioned
upon certification of the soil erosion and sediment control plan by
the district.
(17)
A map showing the entire drainage area and the drainage area
contributing to each pertinent drainage structure along with drainage
tabulation sheets showing calculations for each drainage area. Each
drainage area shall be marked for identification purposes.
(18)
The location, widths and names of existing or platted streets,
railroad rights-of-way, permanent buildings, easements, watercourses,
bridges, culverts and school park and playground sites.
(19)
A statement setting forth:
(a)
The proposed use of lots, stating the type of residential buildings
with the number of proposed dwelling units.
(b)
The type of business or industry, so as to reveal the effect
of the development on traffic, fire hazards or congestion of population.
(c)
The source of water supply.
(d)
Provisions for sewage disposal, drainage and flood control.
D.
Final plat. The final plat shall be drawn in ink on tracing cloth
or Mylar at a scale of not more than 50 feet to the inch and shall
be in compliance with all provisions of N.J.S.A. 46:23-9.9 et seq.
or successor legislation. The final plat shall show or be accompanied
by the following:
(1)
Those items as required in § 170-71C(1) through (19), inclusive.
(2)
The name of the subdivision.
(3)
A key map showing the proposed final plat and its relation to surrounding
areas within 500 feet of the extreme limits thereof.
(4)
Minimum building setback lines on all lots.
(5)
The location and description of all monuments.
(6)
Certification by an engineer and surveyor as to the accuracy of details
on the plat.
(7)
When approval of a plat is required by an officer or body of the
Township, county or state, approval shall be certified on the plat.
(8)
The Township Engineer's statement confirming receipt of a map showing
all utilities in exact location and elevation identifying those portions
already installed and those to be installed, and that the developer
has installed all improvements in accordance with the requirements
of these regulations, or a statement by the Township Clerk that proper
performance guaranties have been posted with the Township Council.
Said performance guaranties shall be based on a detailed written estimate
prepared by the Township Engineer showing the estimated cost of installation
of all required improvements.
E.
Minor site plan. The minor site plan shall be drawn at a scale of
not less than one inch equals 50 feet and shall include such details
as may be necessary to properly evaluate the application and determine
compliance with this chapter. Such details shall include:
(1)
Identification of the provision(s) of the minor site plan definition in Township Code § 170-3 under which approval is sought, with specificity as to the details proposed that meet that definition.
(2)
The name(s), title(s) and address(es) of the applicant(s) and the
owner(s). If an applicant is a corporation or a partnership, the names
and addresses of all stockholders or individual partners owning at
least 10% of its stock of any class or at least 10% of the interest
in the partnership, as the case may be.
(3)
The name, address, license number, signature and official seal of
the New Jersey professional engineer, land surveyor, architect, landscape
architect, or professional planner preparing the plans as required
by the New Jersey Administrative Code.
(4)
A sheet index listing the drawings included within the site plan
set.
(5)
A place for the signatures of the Township Engineer, Planning Board
Chairman and Planning Board Secretary.
(6)
The date of preparation of the plans and the dates of all revisions.
(7)
The scale of the site plan (not less than one inch equals 50 feet).
(8)
Reference meridian and North arrow.
(9)
The location of all structures within 100 feet of the site.
(10)
The name (if any) of the tract.
(11)
The Tax Map block and lot number(s) and the street address.
(12)
The area, in square feet and to 0.1 acre, of the site.
(13)
All lot line dimensions (bearings and distances).
(14)
A key map, at a scale of not greater than one inch equals 1,000
feet, showing street locations and names, lot lines, zoning district
boundaries and municipal boundaries within 500 feet of the site.
(15)
A zoning table showing the zone district bulk requirement (setbacks,
lot areas, lot widths, lot coverage, floor area ratios, number of
parking spaces, etc.) as applicable to the approval sought, existing
and proposed conditions.
(16)
Applicable to the approval sought: location and dimensions of
the site's driveways, driveway aprons, walkways/sidewalks, loading
spaces, curbs and driveway line of sight triangles.
(17)
Copies of any pending or approved application(s) for a tree removal permit, and all related plans or drawings, required in Chapter 306, Trees, of the Code of the Township of Livingston.
(18)
Certification from the Tax Collector that no taxes, or assessments
for local improvements, are due or delinquent on the subject property.
(19)
Wall or window signage or a comprehensive sign package.
(20)
The locations of all proposed signs.
(21)
Sign details: size, height above grade, materials, letter style
and size, colors, and type of any illumination.
(22)
The locations of signs to be on the building(s) shown on the
building elevations identified by compass direction and name of the
street faced.
(23)
All exterior lighting locations, heights, types and levels of
illumination.
(24)
Locations, materials, colors, and dimensions and illustrations
of any fences, or decorative or retaining walls, to be removed or
installed.
(25)
For any emergency generator: location, dimensions, type of fuel,
output in kw, ambient sound generation, testing schedule.
(26)
Photographs of any existing buildings or structures on the site.
(27)
A copy of any recommendations received from the Business Improvement
District.
F.
Preliminary site plan. The preliminary site plan shall be drawn at
a scale of not less than one inch equals 50 feet and shall include
the Township Tax Map block and lot number(s) of the site, the meridian
reference and North arrow, and such details as may be necessary to
properly evaluate the application and determine compliance with this
chapter. Any site plan involving any new building or addition thereto
or any site improvements shall be drawn by a licensed New Jersey professional
engineer, architect or professional planner as required by the New
Jersey Administrative Code. Where applicable to the proposed use or
construction, the following information shall be clearly shown:
(1)
The name(s) and title(s) of the applicant(s), the owner(s) and of
the person(s) preparing the area map. If an applicant is a corporation
or a partnership, the application form shall list the names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class or at least 10% of the interest in the partnership,
as the case may be.
(2)
The name, address, license number, signature and official seal of
the New Jersey licensed professional engineer, land surveyor, architect
or professional planner preparing the plans as required by the New
Jersey Administrative Code.
(4)
A place for the signatures of the Township Engineer, Planning Board
Chairman and Planning Board Secretary.
(5)
The date of preparation of the plans and the dates of all revisions.
(6)
The location of all structures within 100 feet of the site.
(7)
The name (if any) of the tract, the Township Tax Map block and lot
number(s) and the street address.
(8)
The area, in square feet and to 0.1 acre, of the site.
(9)
All lot line dimensions (bearings and distances), all abutting streets.
(10)
A key map, at a scale of not greater than one inch equals 1,000
feet, showing street locations and names, lot lines, zoning district
boundaries and municipal boundaries within 500 feet of the site, and
the border of the area within 200 feet in which notice must be served.
(11)
A zoning table with separate columns showing the zoning district
bulk requirements (setbacks, lot areas, lot widths, lot coverage,
floor area ratios, number of parking spaces, etc.) existing and proposed
conditions, and whether (and if so what) variances are requested.
The parking spaces information shall be shown in schedule form.
(12)
Location and dimensions of the site's off-street parking area(s),
driveways, driveway aprons, walkways/sidewalks, parking spaces, loading
spaces, driveway line of sight triangles, barrier-free pedestrian
routes, the properly screened trash, refuse and recycling pickup area.
(13)
Location of all present and proposed buildings, structures and
off-street parking areas, and their setback distances and vehicular
and pedestrian circulation patterns.
(14)
General description of the use(s) of each building, building
dimensions, square gross floor area (GFA) and net floor area (NFA)
by use for each floor.
(15)
Location, and specifications for, all surface paving and curbing;
including asphalt, concrete, brick, stone, pavers, or artificial materials.
(16)
Location and classification of all watercourses, water bodies,
wetlands, buffer(s), transition area(s), floodway(s), flood plain(s),
and flood hazard area(s) as per NJDEP or Township standards.
(17)
Copies of all environmental permits or approvals, letters of
interpretation (LOI) obtained, copies of any denials; and copies and
status of all applications pending.
(18)
Description and location of all easements, covenants, deed restrictions
or encumbrances that may affect the premises; and all rights-of-way,
easements or lands to be dedicated to the Township.
(19)
Location, dimensions and materials of all fences, retaining
or decorative walls, or similar man-made features to remain, be removed
or modified or provided; and illustrations or photographs of same.
(20)
A stormwater management plan; a map showing and identifying
the existing and proposed drainage areas, location of natural and
man-made drainage facilities on site and within 200 feet, location
and construction details of all catch basins and stormwater drainage
facilities, inlets, pipes, swales, berms, and stormwater detention,
retention or treatment facilities; drainage calculations and tabulation
sheets.
(21)
Location, type and connections of all present and proposed utilities,
including electric, gas, telephone and cable lines, water mains, sanitary
sewer lines or systems, water wells, and pumping stations.
(22)
A soil erosion and sediment control plan if required.
(23)
Existing and proposed contours, at two-foot intervals, for the
entire site and for 100 feet outside the site; however, if only a
portion of the site is being developed the contours need only be shown
for that portion and 100 feet beyond.
(24)
Spot and finished elevations at all site corners, corners of
all proposed buildings, paved areas, and other points where contours
do not adequately define the elevation of the point.
(25)
Location of all slopes greater than 15%.
(26)
Location of all existing and proposed signs and the details
such as nature of construction, dimensions, height above grade, letter
style, materials, colors, and type, direction and lumen power of any
illumination.
(27)
All building exterior lighting, with location, direction and
area of illumination and strength, including on adjacent property,
expressed in footcandles.
(28)
Details of parking area and other lighting fixtures or standards
and a schedule showing type, dimensions, height above grade, letter
style, materials, colors, type, direction and area of illumination
and strength, including on adjacent property, expressed in footcandles.
(29)
Landscaping plan with location, size and types of plantings
to be preserved or provided on the entire site.
(30)
Copies of any pending or approved application(s) for a tree removal permit, and all related plans or drawings as required in Chapter 306, Trees, of the Code of the Township of Livingston.
(31)
An environmental impact statement as required by Chapter 130, Environmental Impact Statement, of the Township Code.
(32)
A recycling plan that will make provisions for the collection and disposition of recyclable materials as required in Chapter 232, Recycling. This required plan shall not only show in specific detail on the site plan where aluminum, glass, newspapers, other recyclables and nonrecyclable material will be separated and collected on site, but shall also be accompanied by a program in narrative form. This narrative of the proposed recycling program for the site shall address who is responsible for the separation and collection of all recyclable materials and the method of disposing all recycling materials on site.
(33)
Building front, rear and side elevations, drawn at a scale of
not less than 1/8 inch to one foot by a licensed architect, showing
materials, colors, heights, and stating any differences from other
buildings on the site. Each elevation shall identify any street(s)
that it faces and shall indicate whether it faces north, east, south
or west.
(34)
Floor plans showing uses, for each building subject of the application,
drawn at a scale of not less than 1/8 inch to one foot by a licensed
architect.
(35)
Photographs of existing buildings on the site; annotated with
height(s) of the building(s).
(36)
Any recommendations from the Business Improvement District.
(37)
Statement of compliance with, or request for exception from,
applicable requirements of the State Residential Site Improvement
Standards.
(38)
Certification from the Township Tax Collector that no taxes,
or assessments for local improvements, are due or delinquent on the
subject property.
G.
Final site plan. The final site plan shall be drawn in the same manner
as the preliminary site plan and shall include all those details required
for the preliminary site plan. In addition, the final site plan shall
show or include the following:
(1)
Final contours of the property and for 100 feet outside the property
at two-foot intervals when new buildings or parking areas or resurfacing
of existing parking areas are proposed. If only a portion of the property
is being developed, contours need only be shown for said portion and
100 feet beyond.
(2)
Final building floor plans and front, rear and side building elevations,
showing building materials.
(3)
The location, type and size of existing and proposed catch basins,
storm drainage facilities and all utilities, both above- and below-ground.
(4)
The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances that may affect the premises in question
and the location, size and description of any lands contemplated to
be dedicated to the Township.
(5)
The location, size and nature of the entire property in question
and any contiguous property owned by the developer or in which the
developer has a direct or indirect interest, even though only a portion
of the entire property is involved in the site plan for which approval
is sought; provided, however, that where it is physically impossible
to show such entire property or contiguous property or properties
on one map, a key map thereof shall be submitted.
(6)
A recycling plan which will make provisions for the collection and disposition of recyclable materials as required in Chapter 232, Recycling. This required plan shall not only show in specific detail on the site plan where aluminum, glass, newspapers, other recyclables and nonrecyclable material will be separated and collected on site but shall also be accompanied by a program in narrative form. This narrative of the proposed recycling program for the site shall address who is responsible for the separation and collection of all recyclable materials and the method of disposing all recycling materials on site.
(7)
Copies of any pending or approved application(s) for a tree removal permit, and all related plans or drawings as required in Chapter 306, Trees, of the Code of the Township of Livingston.
(8)
Certification from the Township Tax Collector that no taxes, or assessments
for local improvements, are due or delinquent on the subject property.
H.
Deviation from or interpretation of provisions of the Livingston
Center Redevelopment Plan. An application to deviate from, or seeking
an interpretation of the provisions of, the Livingston Center Redevelopment
Plan must include the following:
(2)
Two copies of a current survey and two copies of a survey with the
proposed building(s) and structure(s) or other change(s) drawn to
scale with all setbacks from all property lines.
(3)
Two sets of building plans either bearing the seal of a licensed
New Jersey architect who prepared the plans or certified as having
been prepared by the homeowner for his or her own use or occupancy.
(4)
After the application has been reviewed and deemed complete, 10 additional
copies of the application and each of the surveys and plans.
(5)
Certification from the Township Tax Collector that no taxes or assessments
for local improvements are due or delinquent.
(6)
The name(s) and title(s) of the applicant(s) and owner(s). If an
applicant is a corporation or a partnership, the application form
shall list the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be.
I.
Application review. Upon request by an applicant, the Planning Board may waive submission of specific information required by this § 170-71 to be submitted with an application when such information is not necessary for proper evaluation of the application. Absent such a waiver, failure to provide required information shall be a factor in determining whether an application is complete.
A.
On-tract improvements. Prior to the granting of final approval of a major subdivision plat or site plan, the developer shall have installed or furnished performance guaranties as set forth in § 170-66 for the ultimate installation of all on-tract improvements described below:
(1)
Installations for subdivisions. The following on-tract
improvements shall be required for all major subdivisions:
(a)
Applicable standard specifications. All streets,
curbs, gutters, sidewalks, drainage and drainage structures and water
mains shall be construed and installed in accordance with the applicable
standard specifications of the Township and subject to the inspection
and approval of the Township Engineer. Streets 60 feet or more in
width shall have a paved roadway of at least 40 feet in width.
(b)
Street name signs. Street name signs shall be
placed at all street intersections within or abutting the subdivision.
Such signs shall be a type approved by the Township and shall be placed
in accordance with the standards of the Township.
(c)
Shade trees.[1] Shade trees shall be located 36 inches from the front
property line, but not so as to interfere with utilities or sidewalks,
and shall be spaced as directed by the Township Engineer. Shade trees
shall be of the variety and size approved by the Township Engineer
and shall be planted in conformity with the current Standard Specifications
of the Township of Livingston, prepared by the Township Engineer,
and adopted by ordinance.
[1]
Editor's Note: See also Art. VIII, Trees,
of this chapter.
(d)
Monuments. All monuments shall be of the materials,
size and shape required by and shall be installed at the points mentioned
in N.J.S.A. 46:23-9.11q.
(e)
Topsoil protection. No topsoil shall be removed from the site or used as spoil. Compliance shall be in accordance with the provisions of Chapter 260, Soil Removal, of the Code of the Township of Livingston.
(f)
Accessible public water supply. Where the Township's
potable water distribution system is reasonably accessible, each lot
within the subdivision area shall be provided with a connection thereto
in accordance with the applicable ordinances, rules and regulations
of the Township governing the same.
(g)
Fire hydrants. Fire hydrants shall be installed
in all subdivisions in accordance with the applicable ordinances,
rules and regulations of the Township governing the same.
(h)
Accessible public sanitary sewers. Where a public
sanitary sewer is reasonably accessible, each lot within the subdivision
area shall be provided with a connection thereto in accordance with
the applicable ordinances, rules and regulations of the Township governing
the same.[2]
(i)
Nonaccessible public sanitary sewers. The Planning
Board shall not approve any final plat of a subdivision where a public
sanitary sewer system is not reasonably accessible thereto so as to
provide each lot with a connection to such system, unless the Division
of Health shall first approve, in accordance with its rules and regulations,
a method or system of sewage disposal for individual lots or for the
tract as a whole, or portions thereof.
(2)
Installation for site plans. The following on-tract
improvements shall be required for all site plans:
(a)
All off-street parking for nonresidential uses permitted in residential zones, and all off-street parking in nonresidential zones and for transitional lots shall be constructed in accordance with the Revised Standard Specifications of the Township of Livingston, New Jersey (1973), as amended. Pavement shall be constructed in accordance with the provisions of Section 10 of said specifications and shall have a minimum four-inch-thick macadam base course and a two-inch-thick bituminous concrete surface course. All off-street parking areas shall meet the provisions of Article XI, § 170-94, of this chapter.
(b)
Sidewalks shall be constructed on the site to
adequately serve pedestrian traffic as required by the Planning Board.
(c)
All portions of the property not used for off-street
parking or other impervious coverage uses shall be attractively landscaped
with grass lawns, trees and shrubs as approved by the Planning Board.
(d)
Stormwater drainage facilities and underground
utilities as required and approved by the Planning Board after recommendation
from the Township Engineer.
(e)
Every site plan shall show a properly screened
area reserved for trash or refuse pickup as approved by the Planning
Board. Such area shall be so located on the premises that solid waste
trucks have access to such area at all times.
(f)
All improvements required and indicated on the
approved site plan, such as pavement, lined parking spaces, curbs,
landscaped areas, fencing or screening hedges, lighting signs and
storm drainage facilities, shall be maintained by the applicant.
B.
Off-tract improvements. Prior to the granting of final approval of a major subdivision plat or site plan, the developer shall have installed or furnished performance guaranties as set forth in § 170-66 for the ultimate installation of all off-tract improvements as hereinafter set forth:
(1)
Criteria in determining allocations of costs. The
allocation of costs for off-tract improvements as between the applicant,
other property owners and the Township, or any one or more of the
foregoing, shall be determined by the Planning Board, with the assistance
of the appropriate Township agencies, on the basis of the total cost
of the off-tract improvements; the increase in market values of the
property affected and any other benefits conferred; the needs created
by the application; population and land use projections for the general
area of the applicant's property and other areas to be served by the
off-tract improvements; the estimated time of construction of the
off-tract improvements; and the condition and periods of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
Requirements for off-tract improvements shall be consistent with Section
30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42). In addition, the following
criteria may also be considered, as well as any other reasonable criteria
the Board feels is necessary to protect the health, safety and general
welfare of the Township:
(a)
Street, curb, sidewalk, shade trees, streetlights,
street signs and traffic light improvements may also be based upon
the anticipated increase of traffic generated by the application.
In determining such traffic increase, the Planning Board may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area and other factors related to the need
created by the application and the anticipated benefit thereto.
(b)
Drainage facilities may also be based upon or
be determined by the drainage created by or affected by a particular
land use, considering:
[1]
The percentage relationship between the acreage
of the application and the acreage of the total drainage basin.
[2]
The use of a particular site and the amount
of area to be covered by impervious surfaces on the site itself.
[3]
The use, condition or status of the remaining
area in the drainage basin.
(c)
Water supply and distribution facilities may
be also based upon the added facilities required by the total anticipated
water use requirements of the property of the applicant and other
properties in the general area benefiting therefrom.
(d)
Sewerage facilities may be based upon the proportion
that the total anticipated volume of sewage effluent of the applicant's
property and other properties connected to the new facility bears
to the existing capacity of existing sewerage facilities, including
but not limited to lines and other appurtenances leading to and servicing
the applicant's property. Consideration may also be given to the types
of effluent and particular problems requiring special equipment or
added costs for treatment. In the event that the applicant's property
shall be permitted to be connected to existing sewer facilities, the
applicant shall pay a charge or be assessed in accordance with law.
(2)
Determination of cost of improvements. The cost of
installation of the required off-tract improvements shall be determined
by the Planning Board with the advice of the Township Engineer and
appropriate Township agencies.
(3)
Manner of construction. When those estimates are received,
the Township Council shall then decide whether the off-tract improvement
is to be constructed:
(4)
Amount of contribution. When the manner of construction
has been determined, the applicant may be required to provide a cash
deposit to the Township of one of the following amounts:
(a)
If the improvement is to be constructed by the
Township as a general improvement, an amount equal to the difference
between the estimated cost of the improvement and the estimated total
amount, if less, by which all properties to be serviced thereby, including
the subject property, will be specifically benefited by the off-tract
improvement.
(b)
If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection B(4)(a) above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
(c)
If the improvement is to be constructed by the
applicant, an amount equal to the estimated cost of the off-tract
improvement, less an offset for benefits to properties other than
the subject property.
(5)
Payment of allocated cost.
(a)
The estimated costs of the off-tract improvement
allocated to the applicant if deposited in cash shall be paid by the
applicant to the Township Treasurer, who shall provide a suitable
depository therefor, and such funds shall be used only for the off-tract
improvements for which they are deposited or improvements serving
the same purpose, unless such improvements are not initiated by the
Township within a period of 10 years from the date of payment, after
which time said funds so deposited shall be returned, together with
accumulated interest or other income thereon, if any.
(b)
In the event that the payment by the applicant
to the Township Treasurer provided for herein is less than his share
of the actual cost of the off-tract improvements, then the applicant
shall be required to pay the appropriate share of the cost thereof.
(c)
In the event that the payment by the applicant
to the Township Treasurer provided for above is more than his appropriate
share of the actual cost of installation of the off-tract improvements,
he or his successor or assigns shall be repaid an amount equal to
the difference between the deposit and his share of the actual cost.
(d)
If the applicant shall deem that any of the
amounts so estimated by the Planning Board are unreasonable, he may
challenge them and seek to have them revised in appropriate proceedings
brought to compel subdivision or site plan approval.
(e)
If the applicant and the Planning Board cannot
agree with respect to the applicant's appropriate share of the actual
cost of the off-tract improvement or the determination made by the
officer or Board charged with the duty of making assessments as to
special benefits and if the off-tract improvement is to be constructed
as a local improvement, no approval shall be granted; provided, however,
that the applicant may challenge such determination and seek to have
it revised in appropriate judicial proceedings in order to compel
subdivision or site plan approval.
(6)
Assessments of properties. Upon receipt from the applicant
of his allocated share of the cost of the off-tract improvements,
the Township may adopt a local improvement assessment ordinance for
the purpose of construction and installation of the off-tract improvements
based upon the actual cost thereof. Any portion of the cost of the
improvements not defrayed by a deposit by the applicant may be assessed
against benefiting property owners by the Township. Any assessments
for benefits conferred made against the applicant or his successors
in interest shall be first offset by a pro rata share credit of the
allocated costs previously deposited with the Township Treasurer pertaining
thereto. The applicant or his successors in interest shall not be
liable for any part of any assessment for such improvements unless
the assessment exceeds the pro rata share credit for the deposit,
and then only to the extent of the deficiency.
(7)
Credit for work performed. In the event that the applicant,
with the Townships consent, decides to install and construct the off-tract
improvement or any portion thereof, the certified cost shall be treated
as a credit against any further assessment for that particular off-tract
improvement or portion thereof, constructed by the Township in the
same manner as if the subdivider had deposited its apportioned cost
with the Township Treasurer as provided herein.
(8)
Installation of improvements by applicant.
(a)
At the discretion and option of the Township
of Livingston and with the consent of the applicant, the Township
may enter into a contract with the applicant providing for the installation
and construction of off-tract improvements by the applicant upon contribution
by the Township of the remaining unallocated portion of the cost of
the off-tract improvement.
(b)
In the event that the Township so elects to
contribute to the cost and expense of installation of the off-tract
improvements by the applicant, the portion contributed by the Township
shall be subject to possible certification and assessment as a local
improvement against benefiting property owners in the manner provided
by law, if applicable.
(9)
Compliance with design criteria. Should the applicant
and the Township enter into a contract for the construction and erection
of the off-tract improvements to be done by the applicant, he shall
observe all requirements and principles of this chapter in the design
of such improvements.
C.
Lot surface drainage.
[Added 11-3-2008 by Ord. No. 35-2008[3]]
(1)
Applicability. A lot surface drainage permit shall
be required for the following development activities in a residential
zone:
(a)
The addition of any impervious area that is
300 square feet or greater in size, including, but not limited to,
the following:
[1]
Any addition, repair or renovation to an existing
structure that involves an extension of the foundation of the existing
structure by 300 square feet or greater in size; or
[2]
Construction of a swimming pool or tennis court;
or sports court; or
[3]
Construction of a closed or impervious deck,
patio, or accessory structure, 300 square feet or greater in size,
that impacts drainage, as determined by the Township Engineer. Open
previous decks (decks that have open spaces between the floor boards)
are exempt as long as there is no regrading or land disturbance associated
with the open previous deck construction; or
[4]
Construction of a driveway, 300 square feet
or greater in size, that impacts drainage, as determined by the Township
Engineer. The replacement of an existing driveway which does not increase
the footprint of the existing driveway by more than 300 square feet
is exempt; or
(b)
Land disturbance or grading, except for the
purposes of turf replacement where no grading is involved, of 1,000
square feet or greater; or
(c)
Placement of more than 20 cubic yards of fill,
excluding mulching; or
(d)
Land disturbance or grading within five feet
of a property line that impacts drainage, as determined by the Township
Engineer.
(2)
Waiver. Notwithstanding the foregoing, the Township
Engineer may grant a waiver from the requirements of this subsection
with respect to activities involving single-family lots if the Township
Engineer determines that the project involves less than 1,000 square
feet of impervious coverage, does not affect any drainage or critical
areas, and does not require any significant changes in the existing
grading of the lot. Any such determination shall be made upon the
basis of the construction plans, survey and such further information
as may be requested from the owner of the property by the Township
Engineer. If a waiver is granted, the Township Engineer shall issue
a minor lot surface drainage permit, subject to the following conditions:
(a)
A licensed professional engineer or architect
shall provide a certification letter stating that the proposed activity
or project is in accordance with the following provisions of the minor
lot surface drainage permit:
[1]
Surface drainage waters shall be controlled
in a manner that will minimize the adverse effects of such waters
upon the subject property and abutting lands.
[2]
Soil erosion during and after development shall
not increase over what naturally occurs.
[3]
The grades and/or elevation of the site shall
not be significantly altered from the existing conditions.
(b)
Payment of a minor permit application fee in
the amount of $350 to the Township of Livingston.
[Amended 12-7-2020 by Ord. No. 20-2020]
(3)
Submission of application.
(a)
Information regarding any proposed land disturbances
or grading activities shall be submitted on the form provided by the
Township Engineering Department and shall be submitted to the Township
Engineer or his designee for a determination of applicability.
[1]
Each land disturbance or grading activity that
is determined to be eligible for a minor lot surface drainage permit
shall be submitted on the application form provided by the Township
Engineering Department and shall be submitted to the Township Engineering
Department accompanied by three signed and sealed copies of the required
certification letter from a licensed professional engineer or architect
which states that the proposed activity or project is in accordance
with the required provisions of the minor lot surface drainage permit.
[2]
Each land disturbance or grading activity that
is required to have a major lot surface drainage permit shall be submitted
on the application form provided by the Township Engineering Department
and shall be submitted to the Township Engineering Department accompanied
by three signed and sealed copies of a detailed lot surface drainage
plan which shall have been prepared by a New Jersey licensed professional
engineer or architect. Once approved, the applicant shall provide
duplicate paper copies and an electronic version of the lot surface
drainage plan to the Township Engineering Department. Time of review
for applications deemed to be complete by the Township Engineer or
his designee shall be a maximum of 20 business days to examine, approve
or deny the application. Approval or denial of the application shall
be in writing. The twenty-day rule shall not apply to incomplete applications.
(c)
In all cases, the issuance of both minor and
major surface drainage permits shall be prerequisites prior to the
issuance of a Township building permit for development activities.
(4)
Lot surface drainage plan details. All applications
for a major lot surface drainage permit shall be accompanied by a
surface drainage plan and shall be submitted to the Township Engineering
Department. A major lot surface drainage permit shall not be issued
until the surface drainage plan is approved by the Township Engineer
or his designee. No development activity for which a surface drainage
plan is required may begin until such a plan has been approved and
a major surface drainage permit has been issued. The issuance of a
major surface drainage permit shall be a prerequisite prior to the
issuance of a Township building permit for the development activity.
The surface drainage plan shall be prepared by a professional engineer
or architect licensed in New Jersey and shall be drawn to a scale
of not less than one inch equals 30 feet. The surface drainage plan
shall depict both existing and proposed surface drainage patterns
as they affect the subject property and all abutting land and shall
include the following elements:
(a)
The applicable block and lot number, date, graphic
scale, north arrow, zone designation, zoning requirements and the
names and addresses of the property owner, the applicant and the professional
who prepared the plan.
(b)
Location of the property boundaries, including
all lot line dimensions; front, side and rear yard setback dimensions,
easements, encroachments and restrictions.
(c)
The outer limits of all areas in which any grading
or filling is proposed on the subject property.
(d)
Locations, dimensions and first floor elevation
of all existing and proposed structures.
(e)
Location of all driveways, sidewalks and other
impervious structures.
(f)
Location of all buildings on adjoining lots.
(g)
Existing and proposed topography reflecting
contour lines at one-foot intervals over the entire property. Topography
and contour lines must extend beyond the lot property lines, if required
by the Township Engineer or his designee, in order to adequately show
the existing and proposed lot surface drainage conditions.
(h)
Location of all existing and proposed retaining
walls with top and bottom elevations. Such elevations shall be clearly
delineated at regular intervals on the plan; details of all proposed
retaining walls shall be provided.
(i)
The layout of existing public streets and public
utilities within 100 feet of the proposed development activity together
with their elevations.
(j)
If any part of the property is located within
the one-hundred-year flood zone, the flood zone limits shall be shown
as per the FEMA Flood Insurance Rate Map and NJDEP Flood Hazard Area
Delineation.
(k)
All delineated wetlands and transition areas
approved through a NJDEP letter of interpretation shall be shown by
metes and bounds. The NJDEP file number shall be noted on the plan.
If no wetlands exist, the plan must contain a note confirming this
fact.
(l)
The location of all existing and proposed storm
drainage structures, streams, watercourses, ponds, storm sewers or
drainage facilities which relate to the drainage of surface waters
from the subject property. The information shall include proposed
methods of controlling foundation drains, sump pump discharges, and
on-site stormwater, and may include grading, use of underground leaders
to stormwater systems or dry wells, and other similar or related methods.
(m)
The proposed location and size of all roof leader
drains, footing drains and sump pump drains with invert elevations
at house and outfall connections. All drains shall connect with the
municipal storm drainage system whenever feasible. Location of existing
storm sewer invert and flow direction at tie-in point shall be shown.
If drains cannot be connected to the public system, other means, acceptable
to the Township Engineer or his designee, shall be provided. If dry
wells are used, their location, elevations and details must be shown.
(n)
Any proposed changes in the existing surface
drainage pattern which will result from the construction proposed
for the subject property including any proposed changes on abutting
lands.
(o)
All existing trees with trunks exceeding six
inches in diameter measured at a point four feet above the existing
ground level within the area to be disturbed as well as within 10
feet of the outer limits of any such area.
(p)
The applicant's engineer or architect shall
certify that the proposed grading, as shown on the lot surface drainage
plan, can tie into existing topographic contours on adjoining lots
without an adverse grading or drainage impact and that all disturbance
and grading can be limited to within the property in question.
(q)
Any other conditions or requirements as determined
by the Township Engineer or his designee.
(5)
Lot surface drainage plan guidelines and principles.
The following lot surface drainage guidelines and principles shall
be considered in the review of any lot surface drainage plan submitted
to the Township Engineering Department. This review shall be conducted
by the Township Engineer or his designee:
(a)
Surface drainage plans shall be designed to
control surface waters in a manner that will minimize the adverse
effects of such waters upon the subject property and abutting lands.
(b)
There shall be no change in existing grade that
raises the elevation of the lot within five feet of a property line.
Furthermore, there shall be no change in existing grade which raises
any portion of the lot within 15 feet of a property line to an elevation
that is more than four feet above the existing ground level at the
property line. Any new grade shall be at an even slope with the toe
of the slope at the ground level which exists at five feet inside
the property line; provided, however, that, when necessary, swales
shall be created in order to control surface waters in a manner that
will protect abutting lands.
(c)
Retaining walls shall be set back at a minimum
of five feet from any property line.
(d)
Grades steeper than one (vertical) to three
(horizontal) should be avoided. Changes in elevation shall not exceed
a slope of one (vertical) to two (horizontal) unless supported by
retaining walls or other appropriate methods.
(e)
An area of at least 10 feet in width around
the foundation of any building shall be graded downward, away from
the foundation, in accordance with the requirements of the New Jersey
Uniform Construction Code.
(f)
Roof runoff from any roofed area shall be in
accordance with the New Jersey Uniform Construction Code.
(g)
Dry wells or other infiltration facilities,
if required, shall be in accordance with the provisions of the New
Jersey Stormwater Best Management Practices Manual, Chapter 9.3, Standard
for Dry Wells. Design of these facilities must be based on appropriate
site specific tests certified by the applicant's engineer and submitted
to the Township Engineer or his designee for approval.
(h)
No soil shall be excavated, removed, deposited
or disturbed except as a result of and in accordance with the surface
drainage plan approved under the terms of this chapter.
(i)
Any proposed building, structure, grading or
attendant protective measures shall not impede the flow of surface
water through any watercourse.
(j)
Any fill placed on the property shall be properly
stabilized and, when found necessary depending upon existing slopes
and soil types, supported by retaining walls or other appropriate
methods as approved by the Township Engineer or his designee.
(k)
The project shall be designed in accordance
with the New Jersey Soil Erosion and Sediment Control Standards.
(l)
Whenever the Township Engineer or his designee
considers it necessary or appropriate, he may require that temporary
measures be taken during the performance of any construction work
to prevent adverse effects upon abutting lands.
(m)
New construction on property where a previous
structure has been removed shall not have the ground surface adjacent
to the new structure elevated significantly above the original ground
surface. Fill excavated during the course of construction of the new
structure shall not be stored nor spread upon on the property for
the purpose of disposal, but must be removed from the site.
(6)
Certificate of occupancy. Following the completion
of construction or other development activities involving a major
surface drainage permit, the owner shall submit an as-built survey
of the site for the review and approval by the Township Engineer or
his designee. The as-built survey must contain a sufficient amount
of spot elevations, topography and contour lines to allow comparison
with the approved surface drainage plan for the purpose of determining
compliance with that plan. As part of the as-built survey a New Jersey
licensed professional engineer must certify that the final as-built
lot surface drainage provisions are in compliance with the approved
lot surface drainage plan. A certificate of occupancy shall not be
issued until the Township Engineer or his designee certifies that
the property conforms to the approved lot surface drainage plan. The
Township, at the option of the Township Engineer or his designee,
may accept a bond to insure full compliance with the approved lot
surface drainage plan prior to and as a condition of the issuance
of a certificate of occupancy. If a certificate of occupancy is issued
for a property prior to full compliance with an approved lot surface
drainage plan and full compliance is not effected by the date set
forth in bond issued for the certificate of occupancy, then continued
occupancy of such property after such date shall constitute a use
of such property in violation of this chapter.
(7)
Maintenance. The owner of the property upon which
the regulated development activity occurred, and all successors and
any other person or agent in control of the property, shall maintain
in good condition and promptly repair and restore all grade surfaces,
structures, drains, and other elements as required under an approved
surface drainage plan.
(8)
Enforcement.
(a)
The requirements of this subsection shall be
enforced by the Township Engineer or his designee who shall inspect
or require inspection of the work.
(b)
Whenever the Township Engineer or his designee
finds that work is being performed or has been performed in violation
of this chapter or in a manner that may jeopardize the public health
or safety, the Township Engineer or his designee may issue a stop-work
order to halt any activity that violates this chapter or jeopardizes
the public health or safety and may order remedial action as appropriate.
(c)
It shall be unlawful for any person to continue
work on a property after having been served with a stop-work order,
except such work as the Township Engineer or his designee directs
to remove a violation or to eliminate an unhealthy or unsafe condition.
(d)
The failure of an owner of property to comply
with the provisions of an issued surface drainage permit and approved
lot surface drainage plan for such property, including any temporary
measures to be taken during the performance of construction work,
shall subject the owner to a maximum fine of $2,000 per violation.
Each violation and each day of each violation shall constitute a separate
and distinct violation thereof. The payment of a fine shall be in
addition to performing the remedial action ordered to be undertaken
by the Township Engineer or his designee.
A.
Subdivisions. The developer shall observe the following
requirements and principles of land subdivision in the design of each
subdivision or portion thereof:
(1)
The subdivision plat shall conform to design standards
that will encourage good development patterns within the Township.
(2)
The subdivision shall conform to the proposals and
conditions shown on the Township's Official Map and Master Plan, particularly
as they pertain to streets, drainage rights-of-way, school sites,
public parks and playgrounds and other public lands.
(3)
Where not shown on the Master Plan or Official Map,
the arrangement and other design standards of streets shall conform
to the following provisions of this section:
(a)
Relation to adjoining street system. The arrangement
of streets in new subdivisions shall make provision for the continuation
of existing streets in adjoining areas. New subdivisions that adjoin
or include existing streets that do not conform to widths as shown
on the Master Plan or Official Map shall dedicate additional width
along either one or both sides of said street. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
(b)
Projection of streets. Where adjoining areas
are not subdivided, the arrangement of streets in new subdivisions
shall make provision for the proper projection of streets.
(c)
Streets to be carried to property lines. When
a new subdivision adjoins unsubdivided land susceptible of being subdivided,
then the new streets shall be carried to the boundaries of the tract
proposed to be subdivided. The street arrangement shall be such as
not to cause hardship to owners of such adjoining property in platting
their own land and providing convenient access to it.
(d)
Street jogs prohibited. Street jogs with center-line
offsets of less than 125 feet shall be prohibited.
(e)
Dead-end streets or culs-de-sac. Dead-end streets
or culs-de-sac, designed to be so permanently, shall not be longer
than 600 feet, and shall be provided at the closed end with a turnaround
having an outside radius of not less than 50 feet. If a dead-end street
is of a temporary nature, a similar turnaround having a curb radius
of 25 feet shall be provided and provision made for future extension
of the street into adjoining properties.
(f)
Intersections. The intersection of more than
two streets at one point shall be avoided except where it is impracticable
to secure a proper street system otherwise. Streets shall intersect
one another at an angle as near to a right angle as possible, and
no intersection of streets at angles less than 60° shall be approved.
Street intersections shall be rounded at the curbline with a curve
having a radius of not less than 20 feet when such intersection occurs
at right angles. If an intersection occurs at an angle other than
a right angle, it shall be rounded with a curve having a radius acceptable
to the Planning Board. In business districts, the Planning Board may
permit comparable cutoffs or chords.
(g)
Street deflections. 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 having a
radius of not less than 100 feet for minor streets and 300 feet for
arterial and collector streets.
(h)
Reverse curves. A tangent at least 100 feet
long shall be introduced between reverse curves on arterial and collector
streets.
(i)
Street grades. Grades of arterial and collector
streets shall not exceed 4%. Grades on other streets shall not exceed
10%. No street shall have a minimum grade of less than 0.75 of 1%.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and adequate sight distance.
(j)
Reserve strips. Reserve strips controlling access
to streets shall be prohibited.
(k)
Half-streets prohibited. Half-streets shall
be prohibited, except where essential to the reasonable development
of the subdivision in conformity with the other requirements of these
regulations and where the Planning Board finds it will be practicable
to require the dedication of the other half when the adjoining property
is subdivided. Wherever a half-street is adjacent to a tract to be
subdivided, the other half of the street shall be platted within such
tract.
(l)
Access to streets across ditches. The developer
shall provide access to all proposed streets, across all ditches,
in a standard manner approved by the Township Engineer.
(m)
Street names and numbers. Names of new streets
shall not duplicate or so nearly duplicate an existing or platted
street name as to be confused therewith, except that where such new
street is a continuation of or in alignment with an existing or platted
street, it shall bear the same name. House numbers shall be assigned
by the Township Engineer in accordance with the system now in effect
in the Township.
(n)
Vacation of streets. No arrangement or alignment
of streets requiring the vacation of any street or part of a street
dedicated to public use shall be approved, if such vacation interferes
with the uniformity of the street pattern or any future street plans
prepared for the area.
(o)
Private streets. Private streets shall not be
approved, nor shall public improvements be approved for any private
street.
(4)
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lots required in
the area by the zoning regulations and to provide for convenient access,
circulation control and safety of street traffic.
(5)
Block length shall not exceed 1,200 feet. A block
shall be so designed as to provide two tiers of lots.
(6)
In blocks over 900 feet long, pedestrian walkways
10 feet in width, five feet of which shall be paved, may be required
in locations deemed necessary by the Planning Board for the public
convenience and safety.
(7)
Lot dimensions and area shall not be less than the
requirements of the zoning regulations for the zone in which the lot
in question is located.
(8)
All lots shall abut by their full frontage on an approved
street. Side lot lines shall be substantially at right angles to straight
street lines or radial to curved street lines. 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.
(9)
Corner lots for residential use shall have extra width
to permit appropriate building setback from, and orientation to, both
streets. Lots abutting on a pedestrian walkway shall be treated as
a corner lot.
(10)
The Planning Board shall require that all lots
shown on a plat shall be adaptable for the intended purposes without
danger to health or peril from flood, fire, erosion or other menace.
No lots shall be platted for residential occupancy nor for such other
uses as may increase danger to health, life or property or aggravate
the flood hazard, but such land within the plat shall be set aside
for such uses as shall not be endangered by periodic or occasional
inundation or as shall not produce unsatisfactory living conditions.
(11)
All remnants of lots below minimum size left
over after subdividing of a larger tract must be added to adjacent
lots, rather than permitted to remain as unusable parcels.
(12)
Easements with a right-of-way width of at least
10 feet shall be provided on each side of all rear lot lines and along
certain side lot lines where necessary for utilities. All such easements
or rights-of-way shown on a filed map shall be deemed dedicated to
public use.
(13)
Where a proposed subdivision is traversed by
a watercourse, drainageway, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way conforming substantially
with the lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose.
(14)
Natural features such as trees, brooks, hilltops
and views shall be preserved whenever possible in designing any subdivision
containing such features.
(15)
Where a proposed drainage right-of-way, school,
park, playground or other public use shown on the Master Plan is located
in whole or in part within a subdivision, the Planning Board may require,
before approving the subdivision, that such drainage right-of-way,
school, park, playground or other public sites be shown in locations
and sizes suitable to their intended uses in accordance with N.J.S.A.
40:55D-1 et seq. The dedication of any such public space as provided
herein shall not constitute an acceptance of the dedication by the
Township.
(16)
Wherever appropriate, driveways shall be so
designed as to allow motor vehicles to turn around on the lot in order
to make it unnecessary to back any motor vehicle onto the street.
(17)
For all major subdivisions, the developer shall
arrange with the serving utility for the underground installation
of the utility's distribution supply lines and service connections
in accordance with the provisions of the applicable standard terms
and conditions incorporated as a part of its tariff as the same are
then on file with the State of New Jersey Board of Public Utilities
and shall submit to the Planning Board, prior to the granting of final
approval, a written instrument from each serving utility which shall
evidence full compliance with the provisions of this subsection; provided,
however, that lots, in such subdivisions which abut existing streets
where overhead electric or telephone distribution supply lines have
theretofore been installed on any portion of the streets involved,
may be supplied with electric and telephone service from such overhead
lines or extensions thereof but the service connection from the utilities'
overhead lines shall be installed underground.
(18)
All subdivisions shall, to the greatest degree
possible, follow energy-efficient design principles and maximize the
use of renewable energy sources. Within the limits of practicability
and feasibility, the criteria listed below shall be followed:
(a)
Streets. Streets shall be so oriented as to
permit the buildings to be constructed thereon to maximize solar gain.
Where possible, streets shall run in an east-west direction.
(b)
Lots. Lots shall also be oriented as to permit
buildings to be constructed thereon to maximize solar gain. Where
possible, the long access of a lot shall run in a north-south direction.
(c)
Topography. The development shall take advantage
of topographic features to maximize solar gain and afford protection
from winter winds.
(d)
Vegetation. Maximum use shall be made of natural
vegetation which will afford protection from winter winds and provide
shading in summer.
B.
Site plans. The site plan shall conform to the proposals
and conditions shown on the Township Official Map and Master Plan,
particularly as they pertain to streets, drainage rights-of-way, school
sites, public parks and playgrounds and other public lands. The developer
of any site plan shall further observe the following requirements
and principles in the development of a site plan or portion thereof:
(1)
That the provisions of this chapter with respect to
height, minimum lot areas, mandatory open spaces and the like are
complied with.
(2)
That pedestrian walkways, roadways and parking areas
should be arranged so as to facilitate the safe and efficient movement
of people and goods. Access to the site from adjacent roads shall
be designed so as to interfere as little as possible with the traffic
flow and to permit vehicles safe ingress and egress.
(3)
That adequate provision is made for off-street parking
in accordance with this chapter and that adequate traffic circulation
and protection to adjoining property is provided.
(4)
That adequate provision is made for the disposal of
stormwater as approved by the Township Engineer.
(5)
Roadways and parking areas shall be designed so that
no through street or main access driveway serves as the access aisle
for parking areas.
(6)
Areas provided for loading and unloading of delivery
trucks and other vehicles, for solid waste collection and for other
types of routine service shall be adequate in size and so arranged
that they may be used without blocking roadways or access to parking
areas.
(7)
Architectural design. The design or construction of
any building or use should promote a desirable and harmonious visual
environment and will not be incongruous with the character of the
neighborhood. Every building shall be faced on all exterior walls
with a veneer material or finish as approved by the Planning Board.
(8)
All parts of all yards not used for off-street parking
areas shall be adequately landscaped, subject to approval by the Planning
Board, and maintained in good condition.
(9)
Traffic hazards. The Planning Board shall review all
plans with the thought in mind that the location, design or construction
of any building is not likely to involve unusual risks of traffic
congestion, public safety or hazard.
(10)
A landscaped screen or buffer shall be provided
and maintained on all properties developed for nonresidential use
which abut residential zone districts. The Planning Board may also
request buffers on any site containing multifamily or single-family
attached dwelling units when appropriate along the boundaries.
(11)
The required landscape screen and buffers shall
be shown on a landscape planting plan and of sufficient width and
plant material so as to create a visual separation between different
types of development.
(12)
Site plans shall follow the same energy conservation principles as set forth in § 170-73A(18) above where possible.
(13)
Every building shall be faced on all exterior
walls with a veneer material or finish as approved by the Planning
Board.
(14)
Every building constructed in any of the B Central
Business District, B-1 General Business District, B-2 Highway Business
District, P-B Professional Building District, or CI Commercial Industrial
District shall have its primary orientation, facade and entrance toward
and accessible from the street right-of-way; and all ground floor
occupancies shall have their primary pedestrian access from the public
street.
[Added 9-5-2006 by Ord. No. 32-2006]
(15)
Parking structures. For every parking structure
permitted as an accessory use in a nonresidential district:
[Added 8-4-2008 by Ord. No. 24-2008]
(a)
The facades of the parking structure shall be
designed to be consistent with the facades of the principal use structure.
To reduce massing, the facades shall incorporate vertical and horizontal
variations in setback, materials or fenestration design. The top floor
may include line variation such as a projecting cornice or a parapet.
(b)
Interior walls and beam faces shall be stained,
painted or otherwise finished in a light color, such as white or light
blue, to increase the general brightness within the structure. The
addition of anti-graffiti coatings to walls is encouraged.
(c)
Interior illumination shall reach into the edges
of parking stalls and corners of the structure so as to minimize darkened
areas behind or between parked cars or elsewhere.
(d)
Active security measures, such as emergency
telephones and closed circuit television monitoring, shall be provided;
particularly in stairwells and elevators.
(e)
Stairwells shall be illuminated.
(f)
Stairs and elevators shall be located so that
persons entering or leaving them are not in direct vehicle traffic
flow.
(g)
Vehicle aisles and ramps shall be not less than
12 feet wide for traffic moving in one direction and 24 feet wide
for traffic moving in two directions. Parking spaces shall be separated
by hairpin striping.
(h)
If a pedestrian way between the parking structure
and any other building is enclosed, it shall have interior illumination
and not less than 70% of the enclosing walls shall be clear glass.
(i)
Security measures to control unauthorized access
during nonbusiness hours shall be provided.
(16)
Green building design. The following green design standards
shall be included, as applicable, in redevelopment plans:
[Added 6-26-2023 by Ord.
No. 14-2023]
(b)
Energy:
[1]
All appliances including stovetops, refrigerators, washers,
dryers, and dishwashers shall be ENERGY STAR® (or similar) rated and electric powered or have the required wiring
and components installed to allow for future conversion to electric
power.
[2]
Buildings must comply with the mandatory and prescriptive provisions
of ANSI/ASHRAE/IESNA Standard 90.1-2022, with errata.
[3]
Buildings must comply with HVAC and service water heating requirements
applicable to each building, including equipment efficiency, economizers,
ventilation, and ducts and dampers, for the appropriate ASHRAE 50%
Advanced Energy Design Guide and climate zone.
[4]
Projects shall include sufficient solar electric power capacity
to power common areas when weather conditions permit.
[5]
Incorporate heat recovery ventilation or energy recovery ventilation
systems.
[6]
Incorporate passive designs such as deep overhangs, the use
of thermal mass building materials, and natural cross ventilation.
[7]
Incorporating in-floor radiant heating systems is encouraged
when possible.
[8]
Heat pump heating and cooling shall be used to the greatest
extent possible.
[9]
The use of heat pump water heaters is encouraged when possible.
(d)
Air quality:
[1]
All paints, coatings, adhesives, and sealants used shall have
low to no volatile organic compound emission.
(f)
Building envelope:
(h)
Building automation:
[1]
Building automation shall be used to control HVAC, security,
fire & safety, lighting, and humidity.
(i)
Transportation:
[1]
A minimum of 15% of the parking spaces shall be EV charging
stations, level 2, with an additional 15% of the parking spaces to
be at least Make-Ready EV charging stations with sufficient electrical
panel size for future additions.
[2]
For every one apartment, there shall be a minimum of one bicycle
storage space that is covered and secured.
The rules, regulations and standards as set forth in this article shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Livingston. Any action taken by the Planning Board under the terms of this article shall give primary consideration to the above-mentioned matters and to the health, safety and welfare of the entire community. However, if the applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these subdivision or site plan regulations shall exact undue hardship, the Planning Board may permit such deviation as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this article. The purpose of this section is to provide for deviation from the terms of this article and not from the terms of the zoning regulations of the Township as set forth in Articles XI and XII of this chapter. In making its findings, as required hereinbelow, the Planning Board shall take into account the nature of proposed work and the existing use of land in the vicinity, the effect of the proposed deviation on the Township Master Plan, the number of persons to reside or work in the proposed subdivision or on site and the probable effect of the proposed application upon traffic conditions in the vicinity. No deviation shall be granted unless the Planning Board finds that:
A.
There are special circumstances or conditions affecting
such property such that the strict application of the provisions of
this article would deprive the applicant of the reasonable use of
his land.
B.
The deviation is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
C.
The granting of the deviation will not be detrimental to the public health, safety and welfare or injurious to property in the area in which such property is situated. A petition for any such deviation shall be submitted in writing by the applicant at the time the application is submitted. The petition shall state fully the grounds upon which the application is made and the facts upon which the applicant relies for the relief requested. The petition shall be heard and acted upon by the Planning Board as a whole, but no application involving a deviation shall be approved before receipt of the County Planning Board's report thereon, if required, or the expiration of the period of time within which such report is required to be submitted. If the Planning Board deems the proposed deviation of a sufficiently serious nature, it may require additional public hearings to be held in accordance with Article VI. If the Planning Board shall disapprove the proposed deviation, the reasons therefor shall be stated in its resolution, and the applicant shall remedy said application prior to further consideration by the Board.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision,
such person shall be subject to a penalty not to exceed $1,000, and
each lot disposition so made may be deemed a separate violation.
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 developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action 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.
[Added 6-25-2012 by Ord. No. 13-2012]
A.
Conditions
precedent to Board resolution of approval becoming effective.
(1)
A condition precedent is a condition in a Planning Board or Zoning
Board of Adjustment resolution approving an application for development,
which condition is specifically intended to be fulfilled before the
approval becomes effective.
(2)
Whenever an application for development is approved by a Board subject
to any condition precedent, said approval shall lapse and become null
and void unless all conditions precedent are fulfilled within 190
days of the date of adoption of the resolution of approval; provided,
however, that the applicant may, for good cause shown, obtain an extension
either before or after the lapse of said one-hundred-ninety-day period
within the reasonable exercise of the Board’s discretion.
(3)
The fulfillment of all the Board’s conditions precedent shall
forthwith be reported, in writing, by the applicant to the Board,
whose administrative officer may cause such reports to be verified
in an appropriate manner. Only upon such administrative officer’s
determination that all conditions precedent have been fulfilled shall
any subdivision map or site plan be signed by the appropriate officials
or any required building permit, occupancy permit or zoning permit
be issued.
B.
Conditions
subsequent to resolution of approval becoming effective.
(1)
Whenever any application for development is approved by a Board subject
to any conditions which by their terms are incapable of or are not
required to be fulfilled prior to the resolution of approval of the
application becoming effective, but are required to be fulfilled prior
to or during site preparation or construction and the performance
of such conditions is not guaranteed by bonds or security of any type,
failure to fulfill any such condition shall be grounds for the issuance
of a stop-work order by the Zoning Officer and the withholding of
any zoning permit, certificate of occupancy or any other approval
until such condition or conditions are fulfilled.
(2)
Nothing herein contained shall be construed as preventing the Board
from granting, in its discretion, upon an ex parte application, an
extension of time for good cause shown.
C.
Continuing
conditions.
(1)
Whenever any application for development is approved subject to any condition which by its terms continues in force beyond completion of development or issuance of certificates of occupancy, and the performance of such conditions is not guaranteed by bonds or security of any type, any apparent failure to fulfill any such condition shall be grounds for investigation and enforcement by the Zoning Officer in the same manner and with the same authority as provided in § 170-137 of this chapter.
(2)
If the Zoning Officer finds a failure to fulfill any such condition,
such official shall provide a notice of violation to the applicant
and to the property owner then in control or ownership of the property.
If the failure is not cured within 30 days of receipt of notice of
violation, or such additional time as the Township may expressly allow,
each and every day thereafter on which the failure continues shall
be deemed a separate and distinct offense in violation of this chapter,
and a summons and complaint shall then be issued against the person,
persons, entity or entities so notified.
