Article 30 Design Standards for Subdivisions

The right-of-way width shall be measured from lot line to lot line and shall not be less than shown below:

	Type of Street	Right-of-Way Width (feet)
	Arterial	80
	Collector	60
	Subcollector	50
	Minor	50

Greater widths shall be required if shown on the Master Plan or Official Map.

Pavement width of streets. The pavement width shall be in accordance with the following schedule:

[Amended 4-15-1997; 12-2-1997]

Street Class	R-1 Zone (feet)	R-2 Zone (feet)	R-3 Zone (feet)	R-5 Zone (feet)	B & LB Zone (feet)	PO/R Zone (feet)
Arterial	40	40	40	40	40	40
Collector	30	26	26	26	36	36
Subcollector	26	24	24	20	30	30
Minor	26	24	24	20	30	30

Pavement widths shown in the schedule above may be increased or decreased by the approving authority as required to accommodate greater or lesser traffic volumes than would normally be expected, on-street parking, or to better accommodate specific site conditions.

That portion of a minor street which is the sole or primary access route for more than 20 lots shall meet the requirements for collector streets.

Pavement widths in the R-2 Zone where at least 80% of the abutting lots, excluding flag lots, have an area of at least 3 1/2 acres and conform with the frontage and setback requirements of the R-5 Zone may, at the option of the approving authority, conform with street width requirements of the R-5 Zone.

Subdivisions that include existing streets which do not conform to pavement or right-of-way widths as shown on the Master Plan or Official Map shall dedicate and improve to Township specifications the additional width from the center line of such road abutting the property being subdivided. If the subdivision adjoins one side of an existing road which does not meet standards, only 1/2 of the required extra width shall be dedicated and improved to Township specifications. The approving authority may waive or modify such improvement, in whole or in part, if it finds that the installation or construction of a widened roadway would not be in the interest of traffic safety, health, convenience and good planning.

No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been conveyed to the Township under conditions approved by the Planning Board.

Street grades. Grades of arterial streets and collector streets shall not exceed 8%. Grades on the other streets shall not exceed 10%, except that where topographic conditions suggest that a steeper grade is in the interest of good planning, the approving authority may, with the recommendation of the Township Engineer, approve a steeper grade. Streets shall generally have a minimum grade of 1%. No street shall have a grade of less than 0.5%.

Street intersections. Street intersections shall be as nearly at right angles as is possible, and in no case shall be less than 60 degrees. The block corners at intersections shall be rounded at the curbline, with a curve having a radius of not less than 35 feet. Along a given street, intersections shall not be less than 200 feet apart.

Reverse curve tangents. A common tangent at least 100 feet long shall be introduced between reverse curves.

Horizontal and vertical curves. Horizontal and vertical curves shall be of such radius and length respectively to obtain reasonable and safe sight distances for the anticipated traffic speed. Horizontal curves shall generally have a minimum centerline radius of 300 feet. Horizontal and vertical alignments shall generally conform with standards of the American Association of State Highway and Transportation Officials.

Change in grade. All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and proper sight distance in accordance with recognized standards.

Culs-de-sac, dead-end streets.

Dead-end streets shall serve no more than 20 lots, unless otherwise approved by the approving authority. Such streets shall be provided with a turnaround at the end having a right-of-way radius of not less than 60 feet, tangent whenever feasible to the right side of the street as it appears looking toward the dead end. The curb, or the edge of pavement in the absence of a curb, shall have a radius of 50 feet.

§ 113-199 Drainage and utility easements; preservation of natural features.

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. Public notice, in a form satisfactory to the Planning Board, shall be required advising that temporary dead-end streets may be extended in the future.

Street names. No street shall have a name which will duplicate, or so nearly duplicate as to cause confusion, the name of any existing streets. The continuation of an existing street shall have the same name. Street names shall be reviewed by the Police Chief and approved by the Planning Board. In no event shall streets use the name Chester or Chester Township.

Sidewalks. Where sidewalks are required, there shall be provided a minimum walkway width of four feet, constructed in accordance with Township ordinances.

Curbs. Curbs shall be required on all streets.

Streets servicing less than four lots shall be prohibited.

[Added 3-6-2001]

§ 113-198 Lots.

Dimensions. Lot dimensions and areas shown shall not be less than required by Part 5, Zoning.

Side lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

Street frontage. Each lot must front upon an approved and improved street with a right-of-way width of at least 50 feet.

Street right-of-way lines. Where property has been dedicated for widening of existing streets, lots shall begin at the dedicated street line, and all setbacks shall be measured from such line.

Suitability for intended use. Where there is a question as to the suitability of a lot or lots for their intended use, the approving authority may, after adequate investigation, withhold approval of such lots.

Drainage easements. Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement and a conservation easement to protect the watercourse from encroachments, to provide for the passage of flows from major storms and to protect the quality of the water from degradation by pollutants. Conservation easements shall generally extend a minimum of 100 feet beyond the banks of the watercourse.

Preservation of natural features. Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.

Utility easements. In a large development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and shall be located in consultation with the utility companies or Township departments concerned.

§ 113-200 Utilities.

Approval of general plans. General plans of proposed utility layouts, such as sanitary sewers, storm drains, water, gas and electricity, showing connections to existing or any proposed utility system shall be required.

Underground utilities.

The applicant shall arrange with the servicing utility for the underground installation of the utility's distribution supply lines and service connections.

Lots which abut existing streets where overhead utility lines and service connections have heretofore been installed may be supplied with service from those overhead lines, but the service connections from the overhead lines shall be installed underground.

§ 113-201 Topsoil protection, soil erosion and sediment control.

In the case of existing overhead utilities, should a roadway widening or an extension of service or other condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.

Rights-of-way. Wherever 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.

Approval by Township Engineer. All underground installations of utilities and service lines in public rights-of-way and utility easements shall be subject to inspection and approval by the Township Engineer, who shall be notified of such underground installations at least 48 hours prior to any excavation therefor. No underground installation shall be covered therefor. No underground installation shall be covered until inspected and approved by the Township Engineer.

Disturbance of topsoil. No topsoil shall be removed from the site without a soil removal permit. Topsoil moved during the course of construction shall be redistributed and shall be stabilized by seeding or planting.

Compliance with other regulations. All applications for subdivision shall be in accordance with Part 3, Soil Removal and Land Disturbances, as well as N.J.S.A. 4:24-39 et seq.

§ 113-202 Drainage and conservation easement.

Where a subdivision contains wetlands or is traversed by a watercourse, drainageway, channel or stream or where it is desirable to preserve other areas within a subdivision because of soil conditions, rock outcroppings, tree masses, wildlife habitat, vistas or other significant horticultural, environmental or natural features, there shall be provided a drainage and/or conservation easement of sufficient area and width to protect and preserve the aforementioned features. Such easements shall be deeded to the Township prior to final subdivision approval and shall carry the following limitations as determined by the Planning Board:

There shall be no activity within the area detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wildlife habitat preservation.

No trees or shrubs shall be removed or destroyed on lands in the easement, except in accordance with approved forest management practices.

No topsoil, sand, gravel or minerals shall be excavated or removed, except as may be required to build a pond, and then only if the Township Engineer approves the design and structure of the pond, it being the intent to preserve the natural function of the floodplain.

No buildings of any description shall be erected.

No fill of any kind shall be permitted, except as may be required to build a road, and then only after the Township Engineer approves the design.

All conservation easements shall be identified with concrete monuments conforming to the Map Filing Law and identified with the letter "C." Monuments shall be installed at all angle points and where the easement intersects lot lines. The location of these monuments are to be shown on the preliminary and final plans.

[Added 6-20-1989 by Ord. No. 2:19B-89]

If conservation easements are required in connection with minor subdivision or site plans, the monuments shall be installed prior to the issuance of any building permit. If the property is actively devoted to crop farming so that the installation of such monuments is impractical, the applicant shall post a cash deposit with the Township in an amount determined by the Township Engineer to insure the installation of the monuments. The monuments shall be installed not more than three years from the date of approval of the minor subdivision or site plan. The Zoning Official may grant an additional period or periods of time for such installation. The Zoning Official may also require additional cash to be deposited in accordance with any increase in the cost of survey and setting of the monuments.

[Added 11-4-1991 by Ord. No. 2:19B1-91]

Violations and penalties.

[Added 3-21-1995 by Ord. No. 2:19J1-95]

Violation of the terms and conditions of a drainage or conservation easement established pursuant to this § 113-202 shall be punishable by a fine of not less than $100 nor more than $500 or by imprisonment for not more than 30 days. If a violation is not corrected or abated within 10 days after service of a stop-work order by the Township Zoning Officer, it shall be deemed a separate and additional violation. Each successive ten-day period during which the violation remains uncorrected or unabated shall constitute a separate and additional violation.

Any activity which constitutes a violation of the terms or conditions or such drainage or conservation easement initiated after service of a stop-work order by the Zoning Officer shall be deemed a willful violation and shall be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 30 days. If such willful violation is not corrected or abated, each successive ten-day period during which the violation remains uncorrected or unabated shall constitute a separate and additional violation.

§ 113-203 Drainage.

Storm sewer capacity. All storm sewers shall have the capacity to transport not less than peak flows resulting from a rainfall having a fifteen-year frequency and a duration that will produce the maximum flow at the design location. Rainfall data shall be obtained from the United States Weather Bureau Tech. Paper No. 40 or other recognized authority as approved by the Township Engineer.

Critical locations. Storm sewers at critical locations shall have capacities to transport flows from greater storms as may be required by the Township Engineer.

Runoff calculations. Stormwater runoff shall be calculated in accordance with either of the following methods, except that the Soil Conservation Service (SCS) method shall be used wherever a stormwater detention basin is a part of the drainage system:

United States Soil Conservation Service runoff equation and hydrologic complex curve numbers.

Rational Method, in accordance with ASCE Manual No. 37, Design and Construction of Sanitary and Storm Sewers.

Hydrologic complex curve numbers. Hydrologic complex curve numbers shall be based on an antecedent moisture condition equal to the average of AMC I and AMC II as defined by the SCS or greater.

Concentration. The time of concentration shall be established in accordance with current SCS procedures.

Overland sheet flow. The general subdivision plan shall be designed to provide for the overland sheet flow of runoff to the extent practicable.

Elimination of curbs. Where determined to be in the best interest by the Planning Board, streets and roads shall be designed without curbs to facilitate overland sheet flow of runoff.

Swales. Stormwater shall be transported through grass swales wherever soil, groundwater and vegetative conditions can be relied upon to provide for the stability of the swale. Swales shall be designed in accordance with Standards for Diversions of Grassed Waterways as shown in the Standards for Soil Erosion and Sediment Control in New Jersey.

§ 113-204 Stormwater detention.

Detention basins required. Stormwater detention basins, or equivalent facilities, shall be provided to control the runoff from all developments, except where the approving authority waives this requirement upon finding that the development will have no significant adverse downstream impact.

Studies and design. Hydrologic and hydraulic studies and design methods shall be in accordance with current United States Soil Conservation Service Methods utilizing the SCS runoff equation and concentration charts.

Hydrologic complex curve numbers. Hydrologic complex curve numbers shall be based on an antecedent moisture condition equal to the average of AMC I and AMC II as defined by the SCS, or greater.

Runoff rate.

The rate of runoff resulting from all storms recurring more frequently than one in 100 years shall be controlled so that the rate of flow will not exceed that which would be computed in accordance with SCS methodology based on the following hydrologic complex curve numbers:

Hydrologic Soil Group	Curve No.
A	22
B	40
C	55
D	63

As a minimum it shall be shown that flow rates resulting from a two-year, ten-year and one-hundred-year storm comply with this standard.

Detention basin design standards. Stormwater detention basins shall be designed to generally conform with requirements shown in a manual entitled, "Handbook for Stormwater Detention Basins, Somerset County, New Jersey," published by the County of Somerset.

Seepage pits. Where seepage pits, dry wells or similar facilities are approved to be used in lieu of or in conjunction with detention basins, such facilities shall have, as a minimum, the capacity to store three inches of runoff from all impervious surfaces.

Township Engineer approval. The design of all stormwater detention facilities shall be approved by the Township Engineer.

Roof runoff. All stormwater runoff from roof areas for any new building or building addition shall be transported to dry wells. Such facilities shall be required to meet the minimum setback requirements for accessory buildings. Such facilities shall have a capacity to store not less than three inches of runoff from all roof areas for any new building or building addition. The dry wells shall be constructed of precast concrete rings which shall be surrounded with gravel or broken stone between 1 1/2 inches and three inches in size. If the use of precast rings is impractical, other manufactured products may be used if expressly approved by the Township Engineer. For the purpose of computing volume, gravel or stone shall have a porosity of 40%. Each dry well or series of dry wells shall have an overflow to grade. Overflows shall not be permitted to discharge to any impervious surface, adjacent properties or public rights-of-way and shall be set back a minimum of 25 feet from all property lines. The conveyance system from the roof to the dry well shall conform to the requirements of the National Standard Plumbing Code. The Planning Board may waive the above requirements if subsurface conditions are determined to be unsuitable for the satisfactory performance of dry wells.

[Amended 4-17-2007 by Ord. No. 2007-10; 9-3-2013 by Ord. No. 2013-6; 7-18-2023 by Ord. No. 2023-10]

Exemptions. The installation of dry wells shall not be required for:

[Added 4-17-2007 by Ord. No. 2007-10[1]; amended 9-3-2013 by Ord. No. 2013-6; 7-18-2023 by Ord. No. 2023-10]

The repair and maintenance or replacement of an existing roof, including all of its structural components.

The construction of a building that does not have a permanent foundation. A permanent foundation is defined as a system of support installed either partially or entirely below grade which is subject to review and approval of the Construction Code Official. This shall include, but not be limited to, structures which are exempt from the requirement to obtain construction permits under N.J.A.C. 5:23-3.2(d)3 through 6.

Exemptions from the drywell requirements shall be granted in accordance with the following schedule:

Lot Area (acres)	New or Additional Building Footprint Area Exempt From Drywell Installation (square feet)	Min. Distance From All Property Lines for New Building or Addition* (feet)
Less than 1	500	25
1 to 1.99	800	35
2 to 4.99	1,000	35
5 to 9.99	1,200	50
10 or greater	1,500	50

* The minimum distance from the rear property lines for a new building or addition in the R-1 Zone shall be 20 feet.

Exemptions granted in accordance with the above schedule may only be used once every two years. The two-year time frame is considered to begin at the day the last building permit is closed out to the day the next application is filed.

(Reserved)

A project which is considered a major development under N.J.A.C. 7:8, Stormwater Management, and addresses the associated major development stormwater requirements of N.J.A.C. 7:8 utilizing other methods and devices found to be satisfactory by the Township Engineer.

(6)

If an applicant demonstrates that, using the assumptions and factors for stormwater runoff calculations at § 113-391, they complete one of the following:

(a)

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, the post-construction runoff hydrograph for the two-year storm event does not exceed, at any point in time, the preconstruction runoff hydrograph for the same storm event;

(b)

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-year storm event and that the increased volume or change in timing of the stormwater runoff will not increase flood damage at or downstream of the site; or

(c)

Demonstrate through hydrologic and hydraulic analysis that stormwater management measures have been designed so that the post-construction peak runoff rate for the two-year storm event is 50% of the preconstruction runoff rate. This percentage applies only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is being constructed.

(d)

These standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

(e)

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at § 113-391A(1)(a) and the Rational and Modified Rational Methods at § 113-391A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

(f)

Nothing in this subsection shall preclude the use of the applicable components of a farm conservation plan approved by the United Stated Department of Agriculture (USDA) National Resources Conservation Service (NRCS) to demonstrate compliance with the requirements outlined above.

(7)

All exemptions shall be subject to the following restrictions:

(a)

Exemptions do not apply if the project requires a variance from one or more of the bulk standards as outlined in Schedule 1, Schedule of Area, Yard and Building Requirements.[2]

[2]

Editor's Note: Schedule 1 is included as an attachment to this chapter.

(b)

Exemptions do not apply if the ultimate point of any existing or proposed roof drain discharge is proposed within 25 feet of an existing or proposed slope of 15% or greater which slopes towards a property line.

[1]

Editor's Note: This ordinance also provided for the redesignation of former Subsections I and K as Subsections J and K, respectively.

Detention basin lot requirements. Detention/retention basins shall be constructed on building lots. The basin may occupy one or more building lots. All lots containing detention/retention basins shall have a minimum of two acres of contiguous space around the dwelling, which shall be unoccupied by the detention/retention basin and its surrounding easement. The area of contiguous space shall be defined as the area of the lot located between the front street line and a line parallel to the front street line drawn through the closest point of the basin easement to the street line and extending across the full width of the lot.

[Amended 3-5-2002]

Detention basin easements; distance from structures. In all zones, a twenty-foot easement shall extend in all directions beyond the excavated or filled slope of the detention/retention basin. No dwelling shall be constructed within 50 feet of the easement and no accessory structure shall be placed closer to the easement than the side yard setback for accessory structures as set forth in Schedule I Schedule of Area, Yard and Building Requirements.

[Amended 11-1-2016 by Ord. No. 2016-08]

§ 113-205 Landscaping.

Shade trees. Shade trees shall be installed on both sides of all streets, at a minimum spacing along each side of the street of 50 feet, or as otherwise approved by the Planning Board. The variety, location and installation shall be in accordance with the following standards:

Type. The applicant is required to obtain and plant shade trees. The type of trees shall be in accordance with the Planning Board's requirements based upon recommendations of the Environmental Commission.

Within right-of-way. The trees shall be planted within the street right-of-way unless otherwise approved by the Planning Board. The trees shall have a minimum diameter of three inches at a point one foot above the ground.

Tree standards. The trees planted must be balled and burlapped, nursery grown, certified disease-free, have a single trunk and be properly planted and staked.

Performance bonds. The applicant shall post performance bonds prior to the planting of shade trees in an amount determined by the Township Engineer. The performance bonds will not be released until the streets are dedicated to, and accepted by, the Township. Acceptance of streets will not take place if the trees do not meet standards as set forth herein or if all of the required trees are not in place, alive and healthy.

Planted buffer areas. In the instance where the Planning Board determines that the buffer areas shall be installed to provide a year-round visual screen, the size, variety and planting design of the buffer areas shall be as approved by the Planning Board. Buffer areas shall be located completely within the subdivision and either contain natural testing vegetation or be created by the combined use of trees, shrubs, berms, fences or walls designed to continuously limit view of the site from adjacent properties. Plantings shall consist of massed evergreen and deciduous trees and shrubs, planted and maintained in such a fashion that they will produce within two growing seasons a continuous visual screen at least six feet in height. The quantity of natural screening existing on the property shall be taken into consideration. No other aboveground construction or use shall be allowed within the boundaries of a buffer area.

Protection of trees. The Board, upon finding that the removal of a tree or group of trees, regardless of size or location, will have a significant negative impact on the environment or adversely affect the visual character of a neighborhood, may require the applicant to map and protect those trees. Tree protection measures shall be implemented at the beginning of any site clearing or other land disturbance activities and before initiation of any site construction on the particular site where a tree or group of trees is determined or required to be left standing as per the following standards:

[Added 4-3-1990 by Ord. No. 2:19J-90; amended 8-6-2002]

No equipment, materials or temporary soil deposits shall be placed within the dripline or within six feet of the trunk of such trees, whichever is greater, and they shall be protected by erecting a barrier, such as snow fencing, around the areas to be left undisturbed, except that when such an area extends to within 12 feet of a building, driveway or parking area, the following shall be complied with:

(a)

The position of the protective barrier may be moved to allow a working area 12 feet from the base of the building.

(b)

Equipment, materials and temporary soil deposits may be placed within 12 feet of the base of the building.

(c)

The protective barriers may be placed in the proximity of any impermeable surface upon the border of driveways and parking areas.

(d)

Equipment, materials and temporary soil deposits may be placed within the dripline of a tree upon impermeable surfaces.

The grade of the land located within the dripline shall not be raised or lowered more than six inches unless compensated by welling or retaining wall methods; and in no event shall the welling or retaining wall methods be less than six feet from the trunk of the tree. Details for free wells and retaining structures shall be submitted and are subject to approval by the Township Engineer or Landscape Architect.

When the grade within the dripline or within six feet of the tree trunk is to be raised or lowered more than six inches, the applicant shall submit specifications for the protection of the tree's root system. The methods used shall cause the least possible disturbance to the existing root system.

Any clearing permitted within the dripline or within six feet of the trunk of a remaining tree must be done by hand or with hand-operated equipment.