Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Wharton, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
All developments shall conform to design standards encouraging sound development patterns within the Borough. Where an Official Map or Master Plan has been adopted, the development shall conform to same.
B. 
Character of land. Lands identified in the Master Plan as critical areas or having severe or moderate soil characteristics, particularly as the lands relate to flooding, improper drainage, shallow depth to water table, steep slopes, rock formations, utility easements or similar features, shall not be used as buildable areas unless adequate and acceptable methods meeting the regulations of this chapter and all other regulations are incorporated.
C. 
Prior to the granting of final approval, the subdivider shall have furnished performance guarantees for the ultimate installation of the required items outlined in the developer's agreement.
D. 
Residential site improvement standards. Applications for residential subdivisions shall comply with the standards set forth in N.J.A.C. 5:21.
E. 
All applications which meet the definition of "major development," as defined in N.J.A.C. 7:8 et seq., shall comply with Chapter 267, Stormwater Control, of the Code of the Borough of Wharton.
Nothing in this chapter shall require any changes in a building permit, site plan or zoning variance which was approved before the enactment of this chapter, provided that construction shall have been started within one year from the effective date of this chapter and the project shall be continuously pursued to completion; otherwise said approvals and permits shall be void.
All developments shall be served by paved streets. The arrangement of streets not shown on the Master Plan or Official Map shall provide for the appropriate extension of existing streets, conform to the topography, as far as practical, and allow for continued extension into adjoining undeveloped tracts with a minimum right-of-way of 50 feet. When a development adjoins land capable of being developed further, suitable provisions shall be made for future street access.
A. 
Local streets. Local streets shall be so designed as to discourage through traffic unless deemed necessary by the approving authority.
B. 
Subdivision abutting arterial streets. Subdivisions abutting arterial streets may be required to provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the approving authority may determine to be appropriate.
C. 
Pavement width of streets. The pavement width of all streets shall be a minimum of 30 feet for all local streets and may be greater for collector and arterial streets.
D. 
Minimum right-of-way width. The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet in any case, except when shown at a greater width on the Master Plan or Official Map of the Borough of Wharton or when said street constitutes an extension of an existing street with a greater width than 50 feet.
E. 
Substandard street right-of-way and pavement width. In connection with subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map, or the street width requirements of this chapter, the applicant shall dedicate additional right-of-way or pavement width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
F. 
Street grades. Grades of arterial and collector streets shall not exceed 6%. Grades on other streets shall not exceed 10%. Maximum grades on any streets within 100 feet of an intersection shall be 3%. No street shall have a minimum grade of less than 1/2%. Road cross sections (crown) shall range between 2% and 3%.
G. 
Street intersections. No local streets shall be part of a four-way intersection. Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 60° at the point of intersection. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet. Curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet, measured from the curbline of the intersecting streets to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Collector and/or arterial streets intersecting another street from opposite sides shall either be directly opposite each other without offset or shall have at least 250 feet offset distance between center lines. Street jogs with center-line offsets on local streets of less than 125 feet shall be prohibited. Any development abutting an existing street which is classified as an arterial or collector street shall adhere as closely as possible to having no more than one new street every 800 feet on the same side of the street.
H. 
Reverse curve tangents. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
I. 
Street line deflection. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
J. 
Change in grade. All changes in grade shall be connected by vertical curves of sufficient degree of curvature to provide a smooth transition and proper sight distance.
K. 
Cul-de-sac streets. The use of cul-de-sac streets shall be discouraged. When they are deemed necessary to the Planning Board, they shall not exceed a length of 600 feet. A turnaround shall be provided at the end of the cul-de-sac with a right-of-way radius of not less than 50 feet and a curbline radius of not less than 40 feet. The centerpoint for the radius shall be on the center line of the associated street, or it offset, to a point where the curbline radius becomes a tangent to one of the curblines of the associated street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
L. 
Streets shall be constructed in accordance with the standard specifications of the New Jersey Department of Transportation. Pavement section shall consist of the following.
(1) 
Arterial and collector streets:
(a) 
Dense graded aggregate subbase: six inches compacted thickness.
(b) 
Bituminous stabilized base course: six inches compacted thickness.
(c) 
FABC surface course: two inches compacted thickness.
(2) 
Local streets:
(a) 
Dense graded aggregate subbase: six inches compacted thickness.
(b) 
Bituminous stabilized base course: four inches compacted thickness.
(c) 
FABC surface course: two inches compacted thickness.
(3) 
Where subbase conditions are wet, springy, or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the proposed subgrade and filled with a suitable subbase material, as determined by the Municipal engineer. Where required by the Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material shall be applied.
M. 
Street names. No new street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets in Wharton, Rockaway Township, Dover, Mine Hill, Roxbury Township and Jefferson Township. The continuation of an existing street shall have the same name. The names of new streets must be approved by the approving authority.
N. 
All streets, together with curbs, and sidewalks appurtenant thereto, and all driveways, internal roads and alleys in planned community developments, commercial or industrial developments shall be constructed in accordance with the requirements of this chapter. All streets, curbs and sidewalks in residential developments shall be constructed in accordance with N.J.A.C. 5:21, Residential Site Improvement Standards.
O. 
Sidewalks. Sidewalks shall be required along both sides of a street in all commercial subdivisions, unless waived by the approving authority. A minimum walkway width of four feet shall be constructed in accordance with the requirements of the Borough Engineer and in conformance with this chapter of the Code of the Borough of Wharton.
P. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new line and all setbacks shall be measured from such new line.
Q. 
Where the property to be subdivided is next to or includes a railroad right-of-way, suitable provisions shall be made for such things as road crossings, screening or buffers, freight access, warning signals, and signs in recognition of the relationship between the railroad and the subdivision.
R. 
Curbing. Curbing shall be repaired on both sides of all streets within a subdivision. Belgian (granite) block curbs shall be used on all Borough streets according to the following standards:
(1) 
Construction of all curbs shall conform to NJDOT Standards and Specifications for Road and Bridge Construction, 2007, Section 607, and supplements thereto, and shall meet the Borough Engineer's approval. All concrete to be used shall be Class B as specified in NJDOT Standards and Specifications, and supplements thereto;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Granite curbs shall have a ten-inch to twelve-inch vertical length;
(3) 
Curbs shall be set in a Class B concrete base at least four inches thick in front and rear of the granite block and at least six inches thick below the block. The combined block and concrete base shall have a minimum vertical dimension of 18 inches;
(4) 
Curbs shall have a six-inch exposed vertical face above the finished pavement surface;
(5) 
Joints shall measure 3/8 inch to 1/2 inch in width;
(6) 
The curb height at all driveway openings shall be lowered to a point two inches above the finished pavement; and
(7) 
The curbing shall be designed to provide barrier-free curb ramps constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation.
Street signs shall be of the type, design and material approved by the approving authority on advice of the Borough Engineer. There shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction and shall show the names of both intersecting streets.
A. 
Block length and width or acreage within adjacent roads shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance (see Article XI) and to provide for convenient access, circulation control and safety of street traffic.
B. 
In blocks of 1,000 or more feet in length, pedestrian crosswalks may be required in locations deemed necessary by the approving authority. Such walkway shall be at least 10 feet wide in right-of-way with a five-foot-wide improved pavement surface. Said walkway may also include other improvements, including streetlighting.
C. 
For all uses, including commercial, industrial and planned development group areas, block sizes shall be sufficient to accommodate the proposed uses and to permit reasonable access, circulation, and fire-fighting and emergency services.
A lighting plan prepared by a qualified individual shall be provided with major subdivision applications. Streetlighting standards of a type and number approved by the approving authority and Municipal Engineer shall be installed at street intersections and elsewhere as deemed necessary by the approving authority, with intersections involving collector and arterial streets receiving priority consideration for streetlights. The developer shall provide for the installation of underground service.
A. 
Lot dimensions and areas shall not be less than the requirements of the Zoning Ordinance (see Article XI).
B. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C. 
Each lot must front upon an approved and improved street with a right-of-way at least 50 feet in width, except as provided herein.
D. 
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.
E. 
Where there is a question as to the suitability of a lot or lots for their intended use, due to such factors as rock formations, drainage conditions, watercourses, historic sites, flood conditions or similar circumstances, the approving agency may, after adequate investigation, withhold approval of such lots.
A. 
Where a 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 watercourses. The size of such easements or rights-of-way shall be approved by the Borough Engineer.
B. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features. (See § 165-98, Tree preservation, and § 165-99, Steep slope regulations.)
C. 
In a large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and shall be located in consultation with the utility companies or municipal departments concerned.
All installations of water mains, culverts and storm and sanitary sewers shall be connected with an approved system and shall be adequate to handle all present and probable future development.
A. 
For all major subdivisions, the applicant shall arrange with the serving utility for the underground installation of all utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariffs, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the approving authority, 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 street involved may be supplied with electric and telephone service from such overhead lines, but the service connections from the utility's overhead lines shall be installed underground. However, the applicant shall not be required to install electric distribution supply lines underground if the Mayor and Council of the Borough of Wharton requires such lines to utilize a voltage of 26 kilovolts or greater and the Mayor and Council passes a resolution declaring that such distribution lines would present exceptional operation and/or safety problems if installed underground. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as part of the complete subdivision plan.
[Amended 3-28-2011 by Ord. No. O-06-11]
B. 
Whenever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 20 feet in width shall be provided.
C. 
The approving agencies of the Borough of Wharton may, in their discretion, waive the installation of the underground utilities where such installation will result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the applicant by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of the lands in such subdivision.
A. 
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provided at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
B. 
All applications for subdivisions shall be designed in accordance with the requirements of the Morris County Soil Conservation District.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 (the Map Filing Law), as amended, shall be placed in accordance with said statute and shall be indicated on the final plat.
A. 
Shade trees shall be provided in all major residential subdivisions and in minor subdivisions where deemed appropriate by the Planning Board. Trees shall be planted within the subdivision along each side of the street at proper intervals and in types, sizes and locations conducive to healthy growth, with graded and seeded or sodded planting strips within street rights-of-way, and according to any standards adopted by the governing body or Borough Shade Tree Commission so as not to interfere with street paving, sidewalks or utilities.
B. 
All trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground and shall be of a species approved by the Borough Planner or the Borough Engineer. Trees shall be planted 40 to 60 feet apart and parallel to but not more than 20 feet from the curbline and shall be balled and burlapped, nursery grown, free from insects and disease, and true species and variety.
[Amended 12-20-1999 by Ord. No. O-20-99]
C. 
Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the character of the area and to conform to adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.
D. 
A landscape plan prepared by a certified landscape architect, certified by the New Jersey Board of Landscape Architects, or other qualified individual shall be submitted with each major subdivision application. Landscaping shall be provided to promote a desirable visual environment, screen parking and loading areas, provide windbreaks for winter winds and summer cooling for buildings, streets and parking, and to mitigate adverse visual impacts. The landscape plan shall provide the following information:
(1) 
Existing wooded areas, rock outcroppings and existing and proposed water bodies;
(2) 
Existing and proposed topography and location of all landscaped berms;
(3) 
Location, species and sizes of all proposed shade trees, ornamental trees, evergreen trees and areas for lawns or any other ground cover;
(4) 
A plant schedule indicating botanical name, common name, size at time of planting, quantity and any special remarks for all plant material proposed;
(5) 
Planting and construction details and specifications.