Township of Morris, NJ
Morris County
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Table of Contents
Table of Contents
A. 
Prior to the granting of final approval, the applicant shall have installed improvements required by the Planning Board or have posted, with the Township Committee, a development agreement covering all required improvements and supported by a performance guaranty or surety sufficient to cover the costs of said improvements. The Planning Board may solicit local, county, state, federal, public or semipublic agencies and knowledgeable individuals on what improvements shall be required. Improvements recommended by other agencies, such as a utilities authority and county, state or other governmental agencies, may be required by the Planning Board as a condition of final approval.
B. 
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.
C. 
The following construction standards and improvements are necessary to protect the health, safety and welfare of the Township of Morris. It is recognized, however, that, in particular situations, all of the improvements listed below may not be appropriate or needed. These items may then be waived in accordance with § 57-90.
A. 
Township standards. All standards and specifications of the Township of Morris as now or hereafter adopted, if any, shall govern the design, construction and installation of all improvements. Failure of the applicant, his contractor or agent to conform to said specifications will be just cause for the suspension of the work being performed. No applicant shall have the right to demand or claim damages from the Township of Morris, its officers, agencies or servants by reason of said suspension.
B. 
Other standards.
(1) 
In the event that the Township of Morris has not adopted standards for a specific type of improvement, then generally accepted engineering standards, as set forth in engineering and construction manuals as may be modified by the Township Engineer for a specific situation, shall be used.
(2) 
Gas, electric, telephone and similar utilities shall be installed in accordance with applicable company, state and federal requirements.
C. 
Grades. All construction stakes and grades shall be set by a licensed land surveyor in the employ of the applicant or his contractor, and a duplicate copy of the cutsheets made therefor shall be filed with the Township Engineer.
D. 
Inspection. Prior to the start of the construction or installation of such improvements, the applicant shall advise the Township Engineer, in writing, at least one week before the commencement of such work. No underground installation shall be covered until inspected and approved by the appropriate official. If, during the installation of any of the required improvements, the applicant fails to meet specification requirements or to correct unacceptable work, the applicant shall be notified by the Township Engineer, in writing, by certified mail, return receipt requested, that the applicant has failed to comply with specifications or to correct unacceptable work properly, and said notice shall set forth in detail what has not been properly installed. If, within two days after certified date of receipt of such notice, the applicant has failed to institute corrective measures or has failed to contact the Township Engineer with a view toward instituting such corrective measures, then and in that event the Township Engineer shall have the authority to order immediate suspension of all work within the subdivision, and the Township of Morris shall be free to proceed in such manner as may be provided for by law.
A. 
During construction, the site shall be maintained and left each day in a safe and sanitary manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the applicant upon an order by any authorized personnel.
B. 
Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess or scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Building Inspector prior to issuance of a certificate of occupancy. None of the same shall be buried within the Township of Morris.
C. 
Earth removal and topsoil.
(1) 
No topsoil shall be removed from the site or used as spoil unless approved by the Township Committee of the Township of Morris. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of loose cover to all areas of the subdivision and shall be stabilized by seeding or planting. Should construction stop on any portion of a tract for a period of over one year, the topsoil shall be replaced over all areas in that portion from which it may have been stripped and shall be appropriately stabilized to the satisfaction of the Township Engineer of the Township of Morris.
(2) 
No change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than as shown on an approved preliminary plat.
(3) 
Minimal changes in elevations or contours necessitated by field conditions may be made only after approval by the Township Engineer.
(4) 
All said changes necessitated by field conditions shall be shown on the final plat and indicated as a change from the preliminary plat, or, if final approval has been granted, said changes shall be shown on the as-built plans.
D. 
During construction, the Township Engineer may require the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury, damage to property or constitute a health or safety hazard. These conditions may result from erosion and landslide, flooding, heavy construction traffic, creation of steep grades and pollution. Improvements may include grading, planting, retaining walls, culverts, pipes, guardrails, temporary roads and others appropriate to the specific conditions.
A. 
Stormwater.
(1) 
Provisions shall be made to collect stormwaters within the subdivision and to convey stormwaters from the subdivision to rivers and streams, drainage ditches or other stormwater conveyor capable of accommodating flows. The stormwater disposal system shall include all or some of the following: curbs, catch basins, culverts, pipes, stormwater drains, swales, drainage rights-of-way, ditches, channel improvements or combinations of all or some of the above, where appropriate. It may also include ground cover seeding, trees, shrubs, bushes and vegetation.
(2) 
The stormwater disposal system shall be connected with an approved system where one exists and shall be adequate for all present and future development of the subdivision or outside areas tributary thereto.
(3) 
In the event the water flows to a facility incapable of handling the expected flow and flooding or erosion may result, the applicant may be required to improve the stream or facility sufficiently to handle expected flows resulting from the subdivision.
(4) 
The stormwater disposal system for any land area in the Township shall be devised in such a manner that:
(a) 
The rate and/or velocity of stormwater runoff from said area shall not be increased over that which occurs under existing conditions.
[Amended 12-12-1979 by Ord. No. 40-79]
(b) 
The drainage of adjacent areas is not adversely affected.
(c) 
Soil erosion during or after development is not increased over what naturally occurs.
(d) 
Soil absorption and groundwater recharge capacity of the area is not decreased below that which occurs under existing conditions.
(e) 
The natural drainage pattern of the area is not significantly altered.
B. 
Sanitary sewage disposal.
(1) 
Provisions shall be made to convey sanitary waste from each lot through laterals and interceptors of sufficient size, material and capacity to collectors and then through trunk sewers to public treatment facilities.
(2) 
Sanitary sewage disposal shall be provided.
(3) 
Where a public sanitary sewage disposal system is not now reasonably accessible but may be within five years of date of approval, the applicant shall be required to install within the subdivision a complete sewer pipe system, including provisions for the connection thereto at each structure. Until such time as the public sanitary sewage disposal system is capable of becoming operable, individual septic systems or other appropriate and approved waste treatment facilities shall be required.
(4) 
A sanitary waste disposal system shall include all or part of the following: pipes and necessary appurtenances, such as manholes, lampholes, pumping stations, drainage tiles, valves and siphons.
C. 
Water.
(1) 
Provision shall be made to provide each lot with an adequate and continuous supply of potable water.
(2) 
Where a public water system is reasonably accessible, individual wells shall not be installed for each lot.
(3) 
In the event that such a system is not reasonably accessible, individual wells shall be installed for each lot.
(4) 
Where a public water system is not now reasonably accessible but may be within five years of date of approval, the applicant may be required to install within the subdivision a complete water distribution system, including provisions for connection to each structure. Until such time as the system is capable of becoming operable, individual wells shall be installed.
(5) 
A water system shall include all or part of the following: pipes and necessary appurtenances of sufficient size, material and capacity, pumps, valves, pumping stations, standpipes and fire hydrants. Fire hydrants shall be a design and type approved by the Morris Township Fire Department and be installed in accordance with said Department's recommendation.
D. 
Private utilities. Gaslines, telephone lines, electrical service, cable television and similar utilities shall consist of those improvements required by the applicable utility or federal or state law.
E. 
Vehicular and pedestrian improvements. Such improvements shall include all or part of the following: street paving, curbs, gutters, concrete sidewalks where required by the Planning Board as a condition of preliminary approval, concrete driveway aprons, streetlighting, traffic control devices and guardrails and other street improvements.
(1) 
Streets. Streets shall meet the design specifications established in § 57-82D.
(2) 
Street signs. The design and location of all street signs shall be approved by the Planning Board.
(3) 
Sidewalks. Sidewalks, where required, shall be a minimum of four feet in width.
(4) 
Traffic signs and control devices. These improvements, such as stop, yield and one-way signs, etc., shall be designed and installed in accordance with applicable federal, state and county regulations. Recommendation as to their installation shall be made by the Police Department or other competent agency.
(5) 
Guardrails. These shall be designed to prevent cars from leaving the road. They shall be installed where danger exists to the traveling public due to steep topography, narrow roadways, location of drainage ditches or other similar conditions.
F. 
Natural improvements.
(1) 
These improvements shall include all or some of the following: landscaping, shade trees, topsoil, earth removal, borrow and fill improvements to prevent erosion and landslides and improvements to prevent damage to adjacent property, or other improvements as may be required by the Planning Board.
(2) 
Not fewer than two shade trees shall be provided on each lot, located in accordance with Township of Morris specifications. New trees, where required, shall be nursery-grown stock, balled and burlapped, and having not less than a two-inch caliper measured one foot from the root system, planted and double staked. Trees shall be of a species approved by the Planning Board for use as a shade tree.
G. 
Monuments. All lots shall require monuments of such size and shape as required by N.J.S.A. 46:26B-3, as the same may be amended and supplemented, and shall be placed in accordance with said statute. When any subdivision overlaps the boundary between the Township of Morris and any other municipality, then and in that event said boundary line shall be monumented in accordance with the direction of the Township Engineer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
As-built plans. After completion of all public improvements, the applicant or his successor in interest shall cause as-built plans, certified by a licensed land surveyor, to be prepared and submitted on a stable, reproducible media to the Township Engineer.
A. 
Performance guaranty required. No final plat shall be approved by the Planning Board until the completion of all such required improvements has been certified in writing to the Planning Board by the Township Engineer, unless the applicant shall have filed with the Township Committee a development agreement covering all required improvements and supported by a performance guaranty in the amount of 120% of the costs of such improvements or incomplete portions thereof as estimated by the Township Engineer and approved by the Township Committee and assuring the installation of such incomplete improvements on or before an agreed date in accordance with the time set forth in the developer's agreement.
B. 
Types of performance guaranties. The applicant may select any one of the following types of performance guaranties:
[Amended 4-9-1980 by Ord. No. 15-80]
(1) 
At least 10% of the performance guaranty in the form of cash to be deposited with the Township of Morris and the remainder in the form of a performance bond or an irrevocable, unconditional letter of credit or any combination thereof.
(2) 
In lieu of cash, at least 30% of the performance guaranty shall be in the form of an unconditional, irrevocable letter of credit and the remainder in the form of a performance bond, or the entire amount of the performance guaranty may be in the form of an irrevocable, unconditional letter of credit.
C. 
Form and time of performance guaranty. All performance guaranties shall run for a term not to exceed the time set for the completion of the improvements in the developer's agreement and:
[Amended 4-9-1980 by Ord. No. 15-80]
(1) 
If cash, such cash shall be deposited to the credit of the Township of Morris, and interest shall inure thereon to the benefit of the applicant, except as hereinafter set forth.
(2) 
If by performance bond, such bond shall be issued by a bonding or surety company authorized to do business in the State of New Jersey and approved by the Township Committee.
(3) 
If by letter of credit, such letter of credit shall be an irrevocable, unconditional letter of credit, issued by a bank or trust company authorized to do business in the State of New Jersey, approved by the Township Committee, and such letter of credit shall be unconditional so that the same may be drawn upon by the Township Committee at any time, shall be for a period of at least two years and shall be automatically renewable for additional periods of two years, unless and until the Township has certified that the required improvements have been completed by the applicant, as set forth in the developer's agreement. In addition thereto, the applicant shall attach to said letter of credit a statement, under oath, that the applicant shall not under any circumstances protest with the bank or trust company the drawing on such letter of credit by the Township of Morris.
(4) 
All cash and other types of guaranty approved by the Township Committee shall be held by the Township of Morris until all improvements are completed and accepted by the Township of Morris, and if required by the Township of Morris in order to complete such required improvements, any interest earned on any types of guaranty shall inure to the benefit of the Township if required to complete such improvements.
D. 
Township completion. If the required improvements have not been installed in accordance with the required standards and specifications of the Township within the time limit as provided for in the developer's agreement and the requirements of the performance guaranties, the obligor and surety shall be liable thereon to the Township for all reasonable costs of the improvements not installed, and upon receipt of the proceeds thereof, the Township shall install such improvements and/or the Township may use such portions of said performance guaranties as have been deposited in cash with the Township of Morris to assure the completion of said improvements in accordance with the terms of this chapter and any applicable agreement.
E. 
Items required prior to acceptance of performance guaranty by the Township Committee. The following items shall be submitted to the Township Committee before acceptance of any performance guaranty:
[Amended 4-9-1980 by Ord. No. 15-80]
(1) 
A letter from the Township Engineer stating that the proposed guaranty covers all the items required by the Planning Board.
(2) 
A list of the items to be covered and the total cost thereof.
(3) 
Approval by the Township Attorney of the guaranty as to form.
(4) 
A letter from the Township Engineer stating that all plans and specifications meet all applicable Township ordinances.
(5) 
After approval and acceptance of the guaranty by the Township Committee, a letter stating that fact shall be sent to the Planning Board before the Chairperson and Secretary of the Planning Board sign the final plats for filing with the County Clerk.
(6) 
Deeds, free and clear of all encumbrances, for all streets, public easements, drainage easements, other lands dedicated to public use and any improvements to be dedicated or deeded to the Township or other public agency.
F. 
Items required by the Township Committee before releasing the performance guaranty or any part thereof. The procedure established in N.J.S.A. 40:55D-53 shall govern the release of performance guaranties. Before releasing any guaranties or portions thereof, the following items shall be submitted to the Township Committee:
[Amended 4-9-1980 by Ord. No. 15-80]
(1) 
An as-built plan and profiles of all utilities and roads with a certificate as to the actual construction, the same to be approved by the Township Engineer. One copy of each shall be sent to the Township Clerk, and one copy on a stable, reproducible media shall be sent to the Township Engineer.
(2) 
A statement or affidavit from the applicant that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be deeded to the Township of Morris.
(3) 
A statement from the Township Engineer that all utilities and improvements required by the Planning Board have been installed and completed in accordance with applicable Township ordinances.
(4) 
A fifteen-percent maintenance bond.
All improvements required by the Planning Board shall, before being accepted by the Township, be covered by a maintenance bond running in favor of the Township of Morris in the amount of 15% of the estimated cost of the improvements as estimated by the Township Engineer. Said maintenance bond shall run for a period of two years, and said maintenance bond shall provide for the proper repair and/or replacement of any such improvements during said period of two years. The two-year period shall be from the date of the acceptance of the same by the Township, and no performance guaranty shall be released by the Township until such time as the maintenance bond herein required has been posted with the Township. In the event that an applicant has completed all of the improvements prior to the granting of final approval by the Planning Board of the final plat of any such subdivision, then the above maintenance bond shall be posted before the final approval of the final plat by the Planning Board.
A. 
The Township Committee shall not accept any road or other improvement into the municipal road system until the maintenance bond has been posted and all deficiencies are repaired and the same complies with Chapter 439, Article I, Construction and Acceptance of Roads and Public Improvements, of this Code.
B. 
The Township may, however, undertake to remove snow from the roads and perform other municipal services as may be required after homes have been occupied prior to final acceptance, if the applicant presents a written request to the Township Committee, agreeing in said request to the Township Committee to hold the Township harmless for any damage to the road or other improvements, or both, caused by said snow removal or other activity of the Township performed in accordance with such request, and if the applicant maintains said improvements in such condition as to preclude damage, or the potential therefor, to the municipal vehicles and equipment performing said services.
[1]
Editor's Note: Original § 57-79, Fees, of the 1969 Code was repealed 9-18-1996 by Ord. No. 20-96. See now § 57-29, Fees and administration of technical review deposits.
A. 
Any subdivision requiring off-site or off-tract improvements, as defined herein, shall comply with the provisions of this section.
B. 
An off-site or off-tract improvement shall be required where either the existing facilities serving the geographic service area of a specific improvement are already operating at a deficient level of service or the inclusion of a new development will make such present level of service deficient according to engineering standards utilized in determining such levels of service.
C. 
The proportionate contribution of any such off-site or off-tract improvement to the applicant shall be reasonably related to the relative benefit or use of the total area so served.
D. 
Under the conditions of this chapter, off-site or off-tract improvements shall be limited to new or improved water distribution, sanitary sewage disposal distribution and stormwater and drainage distribution facilities and all necessary appurtenances thereto, and to new or improved street and right-of-way widths, traffic regulation and control devices, intersection improvements, utility relocation where not provided elsewhere and other traffic, circulation and safety factors which are directly related to the property or properties in question.
E. 
Planning Board determination.
(1) 
Each subdivision requiring Planning Board approval shall be subject to a determination by the Board of the following:
(a) 
That certain off-site or off-tract improvements are necessary to implement such subdivision.
(b) 
In such instances where off-site or off-tract improvements are required, the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of the same.
(2) 
The Planning Board, in its deliberation as to whether off-site or off-tract improvements are required, shall be guided by the rules and regulations of this chapter, the Official Map, the Township Master Plan and the County Master Plan. The Planning Board may also be guided by counsel from the Planning Board Attorney, Engineer, Planning Consultant and other qualified experts and municipal officials relative to the subject matter.
(3) 
In the event that the Planning Board determines that one or more improvements constitute an off-site or off-tract improvement, the Planning Board, by resolution, shall notify the Township Committee of the same, specifying the Board's recommendation relative to the estimated cost of the same, the applicant's pro rata share of the cost and possible methods or means of implementing the same, including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.
(4) 
The Planning Board shall not grant final approval on a subdivision until all aspects of such conditions have been mutually agreed to by both the applicant and the Township Committee of the Township of Morris and a written resolution to that effect by the Township Committee has been transmitted to the Planning Board.
F. 
Methods of implementation.
(1) 
Where a performance or maintenance guaranty or other surety is required in connection with an off-site or off-tract improvement, the applicant shall be required to follow the same procedure and requirements as specified for on-site improvements.
(2) 
Where a development agreement is required, governing off-site or off-tract improvements or other conditions as may be required by this chapter or by the Planning Board, said agreement shall be approved as to form, sufficiency and execution by the Township Attorney. Said agreement may specify the amount of any cash contributions, if any, the method of payment of the same, the relative timing of such payment and the obligation or obligations to be undertaken by the Township of Morris.
(3) 
Cash contributions for off-site or off-tract improvements shall not be required under the following terms or conditions:
(a) 
Where other county or state agencies have jurisdiction over the subject improvement and require a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the Township of Morris.
(b) 
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site or off-tract improvements provided.
(c) 
Where the applicant, where legally permissible, can undertake the improvements in lieu of the municipality, subject to standards and other conditions as may be imposed by the Township of Morris.
(4) 
Method of payment of cash contributions.
(a) 
Where a cash contribution is required by this chapter, said contribution will be deposited with the Treasurer of the Township of Morris with a copy of the applicant's transmittal letter forwarded to the Township Committee, the Township Engineer and the Planning Board.
(b) 
Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds shall be returned to the applicant, provided that the conditions specified in Subsection F(3) hereof have not been imposed. Where such condition does exist, funds held in escrow will be returned as soon as practicable to the applicant.
G. 
Pro rata formula in determining applicant's share of off-site or off-tract improvements. Where an off-site or off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
(1) 
For street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements, the applicant's proportionate cost shall be in the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(2) 
For water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(3) 
For sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow from the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute to the sum of the present peak flow deficiency in the existing system or subsystem and the estimated peak flow rate of the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.
(4) 
For stormwater and drainage improvements, including the installation, relocation or replacement of transmission lines, culverts, or catch basins and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system measured in cubic feet per second to the sum of the existing peak flow in cubic feet per second deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies.