Article II Subdivisions

Application. An application for land subdivision shall be submitted to the secretary of the approving authority on forms supplied by the approving authority, together with copies of a sketch plat of the proposed subdivision, in accordance with the specifications hereinafter set forth and such other information as the rules and regulations of the approving authority shall require, not inconsistent herewith.

Sketch plat. The sketch plat, drawn under seal by a licensed land surveyor, shall be based on Tax Map information or on another similarly accurate base, at a scale of not less than one inch equals fifty feet, unless the Township Engineer requires a smaller scale. The entire tract shall be shown on one sheet. It shall show or include the following information:

The location of lots to be created in relation to the entire tract by key map.

Buildings, culverts, bridges and other existing structures and wooded areas within the lot to be subdivided.

The names of the owners of the subject lot.

The Tax Map sheet, block and lot numbers of all lots shown.

Setbacks from property lines of all structures on the lot to be subdivided.

Date of original preparation and date of revisions, if any.

Streets, streams, watercourses, railroads and rights-of-way within the subdivision.

If the sketch plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which shall then be returned to the applicant for compliance with the procedures of §§ 33-12 and 33-13 hereof,

Sec. 33-11 Minor subdivision approval.

[Ord. No. 1811, § 12]

Waiver of notice and hearing. The approving authority may waive notice and public hearing for a subdivision application if the approving authority, or subdivision committee of the approving authority appointed by the Chairperson, finds that the application and sketch plat conform to the definition of "minor subdivision" in this chapter and finds that the surrounding neighborhood would not be adversely affected by approval thereof. Otherwise, a public hearing shall be held in accordance with Chapter 2 of this Code and N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12, except that public notice need be given only to owners of property abutting the subject property on all sides, including properties directly across an abutting street. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the approved minor subdivisions shall have been duly recorded as provided herein. As a condition of final approval, the approving authority may require and accept performance guaranties, maintenance guaranties and off-tract improvements, pursuant to §§ 33-20 and 33-21 herein.

Time limitations. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application and payment of the application fee to the secretary of the approving authority, or within such further time as may be consented to by the approving authority and the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.

County Planning Board review. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.6, approval herein shall be conditional only, subject to 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.

Filing. Approval of a minor subdivision shall expire 190 days from the date of approval unless within such period a minor subdivision plat (which can be the sketch plat) in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:26B-1 et seq., or a deed clearly describing the approved minor subdivision, is filed by the developer with the Bergen County Clerk, the Township Engineer and the Township Tax Assessor. Any such plat or deed must be signed by the chairperson and secretary of the approving authority, in order to be recorded with the county. 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 Act, N.J.S.A. 46:26B-1 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 with the provisions of said Act.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Effect of final approval. 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 of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in Subsection (d) hereof.

Sec. 33-12 Major subdivision preliminary approval.

Appeal. An appeal may be taken by any interested party to the Township Council from any final approval, conditional approval or disapproval of a minor subdivision by the approving authority, provided that such appeal is taken in accordance with N.J.S.A. 40:55D-17.

[Ord. No. 1811, § 13]

Preliminary plat. The developer shall submit to the secretary of the approving authority a preliminary plat, the required fee and such other information as the rules and regulations of the approving authority shall require, not inconsistent herewith. The preliminary plat, drawn under seal by a licensed professional engineer and a licensed land surveyor, to a scale of not less than one inch equals fifty feet (unless the Township engineer requires a smaller scale) shall contain the following:

Date of drawing, all revisions noted and dated.

Key map of the entire area surrounding the subdivision.

Title of development; North arrow; scale; block and lot number; name and address of record owner; and name and address, license number, and seal of person preparing the plat. All design features shall be prepared by a licensed professional engineer and existing features and boundaries shall be certified by a licensed land surveyor.

Distances, in feet and decimals of a foot, and bearings, to the nearest 10 seconds.

Names, as shown on current tax records, of all owners of property within 200 feet of the extreme limits of the subdivision, together with the block and lot numbers of said properties.

Zoning district in which the parcel is located.

Survey data, showing boundaries of the property, building or setback lines and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way.

Reference to any existing or proposed covenants, deed restrictions, exceptions or variances covering all or any part of the subdivision.

(9)

Distances, measured along the right-of-way lines of existing streets abutting the property, to the nearest intersections with other public streets.

(10)

Locations of existing buildings and all other structures, including walls, fences, culverts and bridges, with spot elevations of such buildings and structures. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.

(11)

Locations of all existing and proposed storm and sanitary drainage and sewerage lines and structures, and utility lines whether publicly or privately owned, with pipe sizes, grades and direction of flow, locations and inlets, manholes or other appurtenances and appropriate invert and other elevations. If any existing utility lines are underground, the estimated location of said utility lines shall be shown.

(12)

Existing and proposed contours, referred to United States Coast and Geodetic Survey datum, with a contour interval of one foot for slopes of less than 3% and an interval of two feet for slopes of more than 3% but less than 15%. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid lines.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(13)

Locations of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant natural features; reference whether all property within 500 feet of the extreme limits of the subdivision property is within a floodplain area as delineated and determined by the standards of the New Jersey Department of Environmental Protection.

(14)

Proposed streets, with profiles, indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of utility lines conforming to the Township standards and specifications set forth in Chapter 32 and as hereinafter set forth in § 33-15.

Time limitations. The plat and any other engineering documents shall, at the option of the approving authority, be submitted in tentative form for discussion purposes. Upon receipt of the preliminary plat, the secretary of the approving authority shall distribute copies to the Township Engineer, the Environmental Commission and such other Township boards, agencies and personnel as the approving authority may direct. The applicant may be required to furnish an environmental impact statement if the provisional conditions of § 33-19 hereof apply. Such persons, agencies and boards shall make recommendations, in writing, to the approving authority within 30 days of initial receipt of the preliminary plat by the said secretary. The approving authority shall have authority to proceed in the absence of such recommendations, if the approving authority finds such recommendations not essential to its determination or the statutory time limit for official action to be taken is about to expire without the applicant consenting to an extension of time. If the preliminary plat is found to be incomplete, the developer shall be notified thereof by the secretary of the approving authority within 45 days of submission of such plat, or it shall be deemed to be properly submitted.

If the approving authority requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, a revised preliminary plat shall be submitted and proceeded upon, as in the case of the original application for development. The approving authority shall, if the proposed subdivision complies with Article V, Zoning, and the standards and specifications of § 33-15 hereof, grant preliminary approval.

Upon the submission to the secretary of the approving authority of a complete application for a subdivision of ten or fewer lots, the approving authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant. Upon the submission of a complete application for a subdivision of more than 10 lots, the approving authority shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant. Otherwise, the approving authority shall be deemed to have granted preliminary approval to the subdivision.

Hearing. Upon submission of a complete application and preliminary plat, a public hearing shall be held in accordance with Chapter 2 of the Code and N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12.

Appeal. An appeal may be taken by any interested party to the Township Council from any preliminary major subdivision approval, conditional approval or disapproval, provided that such appeal is taken in accordance with N.J.S.A. 40:55D-17.

Effect of preliminary approval.

Preliminary approval of a major subdivision shall, except as provided in Subsection (f)(2) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

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 on-tract and off-tract improvements, except that nothing herein shall be construed to prevent the governing body from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

The applicant 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.

The applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if design standards have been revised by ordinance, such revised standards may govern.

Sec. 33-13 Major subdivision final approval.

In the case of a subdivision of an area of fifty acres or more, the approving authority may grant the rights referred to in Subsection (f)(1)a, b and c above for such period of time, longer than three years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential 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 design standards have been revised, such revised standards may govern.

[Ord. No. 1811, § 14]

On or before the expiration date of preliminary approval or any extension thereof, the developer shall submit to the secretary of the approving authority a final plat and such other information as the rules and regulations of the approving authority shall require, not inconsistent herewith.

Final plat. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals fifty feet (unless the Township Engineer requires a smaller scale), and in compliance with all the provisions of the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:26B-1 et seq.). The final plat shall show or be accompanied by the following:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves; area of each lot.

The names, exact locations and widths of all existing and recorded streets intersecting or paralleling the plot boundaries within a distance of 200 feet.

The purpose of any easement or land reserved or dedicated to public use and the proposed use of sites other than residential.

Lot, block and street numbers as approved by the Township Engineer, including lot and block numbers of abutting property.

Minimum building setback line on all lots and other sites.

Location and description of all monuments.

Names of owners of adjoining unsubdivided land.

(9)

Certification by a licensed land surveyor and a professional engineer as to the accuracy of the details of the plat.

(10)

Certification that the applicant is the agent or owner of the land or that the owner has given consent under an option agreement.

(11)

When approval of a plat is required by any other officer or body of a municipality, county or state, such approval shall be certified on the plat, or evidence shall be submitted that an application has been made for such approval.

(12)

A statement of the Township Engineer that he is in receipt of maps showing the position of all stormwater drains, sanitary sewer mains and all utilities in exact location and elevation, together with any other data required, and indicating the estimated cost of the installation of all public improvements required to be installed by the applicant.

(13)

Proposed final grades of all streets to a scale of one inch equals five feet vertical and one inch equals fifty feet horizontal, on sheets 24 inches by 36 inches, and drawings shall include both plans and profiles and shall show elevations of all monuments referred to United States Coast and Geodetic Survey bench marks, and such elevations shall be shown in feet and hundredths of feet.

(14)

Certification from the Township Tax Collector that all taxes are paid to date. Certification from the Township Zoning Officer that zoning was not violated at the time of preliminary plat approval.

(15)

Written proof that the lands set aside or shown for easement, public use or streets are free and clear of all liens and encumbrances.

Time limitations. Final approval shall be granted or denied within 45 days after submission of a complete final plat to the secretary of the approving authority or within such further time as may be consented to by the applicant. Upon receipt of the final plat, the secretary of the approving authority shall distribute copies to the Township Engineer and such other Township boards, agencies and personnel as the approving authority may direct. Such persons, agencies and boards shall make recommendations in writing to the approving authority within 30 days of initial receipt of the final plat by said secretary. The Township Engineer and the approving authority's attorney shall advise the approving authority of the following:

The nature of the improvements to be required as a condition of final approval.

The estimated value of the improvements installed or to be installed.

The nature and amount of performance guaranties, if any, to be required as a condition of final approval.

The provisions of open space reservation or dedication and the standards for open space organizations.

The effects, if any, of valuation, assessment and taxation of the Farmland Assessment Act.[1]

[1]

Editor's Note: See N.J.S.A. 54:4-23.1 et seq.

The findings and compliance of all provisions under planned development status.

The amounts to be deposited, if any, to reimburse the approving authority and Township for costs incurred or to be incurred by the Township for legal, engineering, planning and other professional services, for recording fees and for any other costs anticipated by the approving authority.

Any other conditions upon which final approval will be granted or conditioned.

Failure of the approving authority to act within the period prescribed shall constitute final subdivision approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant.

Developer's responsibilities.

[Amended by Ord. No. 5-2013, 4-23-2013]

The developer may be required to submit the following as a condition precedent to final subdivision approval, including an approval gained by default under the time limitations imposed by statute:

A developer's agreement, of a form prepared by the Township Attorney and approved by the Township Attorney and Township Engineer as to form, setting forth the obligations of the applicant in connection with final approval.

Performance guaranties, in a form satisfactory to the Township Attorney and Township Engineer, complying with § 33-21 of this chapter and guaranteeing performance of the developer's agreement.

Maintenance guaranties for work completed prior to final approval.

Deeds for any easements, rights-of-way or public lands, in a form satisfactory to the Township Attorney.

Evidence of compliance with other conditions imposed by the approving authority.

Proof of payment of taxes and assessments.

Payment of fees, charges and deposits for monuments, sewer abeyance and other such charges or reimbursements to the approving authority and Township for costs incurred or to be incurred by the Township for legal, engineering, planning and other departmental or consultant services, for recording fees and for any other costs anticipated by the approving authority.

The Mayor and the Township Clerk on behalf of the Township are authorized to sign and attest developer's agreements prepared and approved in accordance with the provisions of this subsection.

Upon submission of a complete application for final approval, a public hearing shall be held in accordance with Chapter 2 of the Code and N.J.S.A. 40:55D-10, 40:55D-11 and 40:55D-12.

Sec. 33-14 Simultaneous review and approval.

Appeal. An appeal may be taken by any interested party to the Township Council from any final major subdivision approval, conditional approval or disapproval, provided that such appeal is taken in accordance with N.J.S.A. 40:55D-17.

(g)

Effect of final approval. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to law, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection (h) hereinafter set forth. If the developer has followed the standards prescribed for final approval, and has duly recorded the plat as required, the approving authority may extend such period of protection for succeeding yearly intervals, but not to exceed three such one-year extensions. Notwithstanding any other provisions herein, the granting of final approval terminates the time period of preliminary approval pursuant to § 33-12.

(h)

Recording of final plat. Final plat approval shall expire 95 days from the date of the signing of the plat unless, within such period, the final plat shall have been duly filed by the Bergen County Clerk. The approving authority 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.

[Ord. No. 1811, § 15]

Subject to N.J.S.A. 40:55D-76b with respect to Board of Adjustment jurisdictions, the approving authority shall have the power to review and approve or deny conditional uses or site plans, simultaneous with subdivision review, without the developer being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.

Sec. 33-15 Standards and specifications.

[Ord. No. 1811, § 16; amended by Ord. No. 1859, 5-27-1980, § 2; Ord. No. 3253, 2-27-1990, § 1; Ord. No. 3962, 9-5-2006, § 2; Ord. No. 3984, 2-7-2007, § 1]

Design standards generally. The subdivision shall conform to design standards that will encourage good development patterns within the Township and consistency with the requirements of Article V, Zoning. Subject to the waiver provisions of § 33-2, the subdivision shall conform to the proposals and conditions shown on the Official Map and Master Plan, with particular deference to the circulation plan, land use plan and conservation plan elements of the Master Plan.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Streets.

Arrangement. The arrangement of streets not shown on the Official Map shall be such as to accommodate an extension of existing streets, if relevant, or at least conform to existing street patterns and topography.

Right-of-way widths. The right-of-way width of streets in subdivisions shall be measured from front lot line to front lot line and shall not be less than the following, unless said street constitutes an extension of an existing street of greater width or already has been shown on the Official Map at a greater width:

Primary arterial: 100 feet.

Secondary arterial: 66 feet.

Collector: 60 feet.

Local: 50 feet.

Marginal access: 40 feet.

The right-of-way width for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.

In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on the Official Map, this chapter or other street width requirements of the Township, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Teaneck to enter upon these lands for the purposes provided for and expressed in Chapter 33 of the Code of the Township of Teaneck." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guaranties. If the subdivision is along one side only, 1/2 of the required extra width shall be anticipated.

Grades. Longitudinal grades on all local streets shall not exceed 10% nor 4% on primary, secondary and collector streets. No street shall have a longitudinal grade of less than 0.5%. Maximum grades within intersections shall be 4%. The maximum slope of the roadway from the center line to the curbline or edge of the paving shall be 2%. Where the roadway on a primary, secondary or collector street is banked to facilitate a curve in the street segment, the slope toward the curbline or shoulder shall conform to accepted engineering practice. All changes in the grade of streets shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

Intersections. Street intersections in subdivisions shall be as nearly at right angles as is possible and in no case shall be less than sixty degrees measured at the center line of the street. The block corners at intersections shall be rounded at the curbline with the curve having a radius of not less than twenty feet.

Jogs. Street jogs in subdivisions with center-line offsets of less than 125 feet shall be prohibited.

Deflections in connecting streets. When connecting street lines in subdivisions 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.

Reverse curves. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets in subdivisions.

Dead ends. Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:

Dead-end streets of a permanent nature (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet and a roadway radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the roadway radius also becomes a tangent to one of the curblines of the associated street.

If a dead-end street is of temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties as an off-tract responsibility of the developer creating the street extension when the street is extended.

A dead-end street shall serve no more than 14 lots and shall not exceed 500 feet in length.

(9)

Street names. No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. Whenever possible, street names shall be chosen to reflect the historical, topographical or natural features of the site.

(10)

Design of local streets. Local streets shall be designed to discourage through traffic.

(11)

Reserve strips on service roads. Subdivisions abutting primary arterial streets shall provide a marginal service road or reverse frontage with a buffer strip of planting or some other means of separation of through and local traffic, as the approving authority may determine appropriate. 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 dedicated under conditions approved by the approving authority.

(12)

Construction specifications. Streets shall be constructed in accordance with the standards and specifications set forth in Chapter 32 of this Code.

Lots.

Size. Lot dimensions and area of lots in subdivisions shall not be less than the requirements of Article V, Zoning. Each lot in a subdivision shall front upon an improved street with a width conforming to the minimum requirements of Subsection (b)(2) hereof entitled "Right-of-way widths."

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

Setback where additional width streets are dedicated. Where extra width has been dedicated for widening of existing streets in subdivisions, lots shall begin at such extra width line, and all setbacks shall be measured from such line.

Block patterns.

Size. Block length and width or acreage within bounding roads of subdivisions shall be such as to accommodate the size of lots required in the area by Article V, Zoning, and to provide for convenient access, circulation control and safety of street traffic. For commercial, multifamily housing or industrial uses, block size in subdivisions shall be sufficient to meet all area and yard requirements for such use.

Crosswalks in long blocks. In blocks in subdivisions over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the approving authority. Such walkways shall be 10 feet wide and be straight from street to street.

Utilities and essential services.

Adequate provisions must be made for water supply, drainage, sewerage facilities and other utilities necessary for essential services to residents and occupants, conforming to the utility service plan element of the Master Plan.

Easements along rear property lines or elsewhere for utility installation and maintenance and for police and fire services may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies and Township departments concerned.

Subject to Subsection (e)(4) hereinafter set forth, 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 on file with the New Jersey Board of Public Utilities, 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. 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, but the service connections from the utilities' overhead lines shall be installed underground, subject to Subsection (e)(4) hereinafter set forth. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with, and as a part of, the complete subdivision plan.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The approving authority may, in its discretion, waive the installation of 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.

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.

Whenever underground utilities are installed in accordance with the provisions hereof, fire alarm systems servicing the development may be required to be installed in an appropriate subsurface distribution system connecting the necessary alarm stations. The manner of installation, and number and location of alarm stations shall be in a manner approved by the Fire Department.

Reservation of public areas. If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood-control basins or public areas within the proposed development, before approving a subdivision the approving authority may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The approving authority may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township shall have entered into a contract to purchase or instituted condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this subsection shall not apply to streets and roads, flood-control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(g)

Lack of suitability of conditions. Where there is a question as to the suitability of a lot or lots in a subdivision for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots.

(h)

Preservation of natural features; supplemental plantings. Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features. Supplemental plantings may be required to serve as natural screens or to beautify the development.

(i)

Water mains, culverts and storm drains; stormwater easements. All installations of water mains, culverts and storm drains shall be connected with an approved system and shall be adequate to handle all present and probable future developments. 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 watercourse, and such further width or construction, or both, as will be adequate for the purpose.

(j)

Topsoil protection, soil erosion and sediment control. 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 provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. All applications for subdivision shall be in accordance with Chapter 14 of this Code and the requirements of Chapter 251 of the Laws of New Jersey 1975, the New Jersey Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(k)

Sanitary sewers. The developer shall construct sewerage facilities to transport all sewage to a central sanitary sewage treatment and collection system, in accordance with Chapter 30 of this Code. No lot shall have an individual septic system. Any sanitary sewage collection system shall be adequate to handle all present and probable future development. Alignments outside of streets shall require easements for the public convenience. Any collection system shall be designed in accordance with Chapter 30 and the requirements of the New Jersey Department of Environmental Protection.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(l)

Sidewalks. Sidewalks shall be required unless, in the approving authority's discretion, the probable volume of pedestrian traffic, street classification, school bus stops, the development's location in relation to other public areas and the type of improvement to be constructed upon the premises obviate the need for sidewalks. If sidewalks are required, they shall be constructed in accordance with the specifications of Chapter 32 of this Code.

(m)

Stormwater runoff. All new development must comply with the requirements for stormwater control and runoff, as noted in Chapter 38.

(n)

Sight triangles.

[Amended by Ord. No. 16-2022, 6-14-2022]

Sight triangles shall be required at each quadrant of an intersection of streets and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle created by two intersecting streets and its extension into the street right-of-way, no grading, planting or structure shall be erected or maintained more than 3 1/2 feet above the street level measured at the curbline or in the absence of a curb at the edge of the roadway, but excluding utility poles, street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees, as well as establish proper excavation and grading to provide the sight triangle. The sight triangle is that area bounded by the intersecting curblines and a straight line which connects sight points located on each of the two intersecting curblines 20 feet away from the intersecting curblines, or, at the option of the property owner, the sight triangle calculated in accordance with the 2018 Edition of AASHTO (American Association of State Highway and Transportation Officials) "A Policy on Geometric Design Highways and Streets" (2018 Green Book). Property owners opting to calculate the sight triangle in accordance with the 2018 Green Book shall provide the Township Engineer and Zoning Officer with a survey showing the graphics of the sight triangle, taking into account the width of the intersecting roadways, the speed limits on such roadways, the grades of the interesting roadways, the location of any stop lines or traffic signage at the intersection and such other information required by said publication in calculating sight triangles. Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway with the exit driveway being one side of the sight triangle. Its measurement shall be from the intersection of the curbline to the driver's position of a vehicle standing on the exit portion of the driveway that is immediately contiguous to the street line. The measurement along the curbline shall be as previously determined. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in Chapter 33 of the Teaneck Township Code." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.

At intersections where signalized, no sight triangle easements shall be required.

In existing areas not controlled by sight triangle easements, no obstruction to vision shall be maintained more than 3 1/2 feet above the street level measured at the curbline or in the absence of a curb at the edge of the roadway of intersecting streets measured along the curbline a horizontal distance from the intersection as indicated in Subsection (n)(1) above.

(o)

Streetlighting. Streetlighting standards of a type and number approved by the approving authority shall be installed at street intersections and elsewhere as deemed necessary by the approving authority. The developer shall provide for the installation of underground service for streetlighting, unless this requirement is waived by the approving authority because of hardship to the applicant by reason of topographic conditions or other special conditions relating to the land.

(p)

Shade trees. In the case of major subdivisions and site plans, the developer may be required to plant shade trees in accordance with Chapter 37 of this Code.

(q)

Drainage. All streets shall be designed to accommodate storm drainage along streets, including the installation of catch basins and pipes where the same may be necessary for proper surface drainage. The requirements of this section shall not be satisfied by the construction of dry wells. The system shall be adequate to carry off or store the stormwater and natural drainage water which originates within the development boundaries and that which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential development as permitted under this chapter. No stormwater runoff or natural drainage water shall be so diverted as to change the drainage characteristics of abutting property, overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements.

A 100-year storm curve shall be used in computing stormwater runoff from the drainage basin to determine the impact on the drainage system under consideration.

The pipe size determined to be adequate for the runoff computed shall be increased by at least one standard pipe size for the type of pipe being used in order to provide adequate allowance for the normal accumulation of sediment and debris in the storm drainage system. In no case shall the pipe size in a surface water drainage system be less than 15 inches in diameter.

Catch basins shall be located at all intersections with inlets on both sides of the street at intervals of not more than 250 feet or such shorter distances as required to prevent the flow of surface water from exceeding 6.0 cubic feet per second at the catch basin inlet. Access manholes shall be placed at maximum 250-foot intervals throughout the system and at pipe junctions where there are no catch basins.

Storm drain pipes running longitudinally along streets shall not be located under curbing.

Specifications for manholes, inlets and storm drains shall follow the 1961 State Highway Specifications, as amended.

For both major and minor developments, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid the concentration of stormwater from each lot to adjacent lots.

Where a development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, a drainage right-of-way easement shall be provided and dedicated to the Township conforming substantially with the lines of such watercourse with such further width as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Township. A minimum of 15 feet beyond the bank top on at least one side shall be provided access to the drainage right-of-way. In any event, the easement shall meet the minimum widths and location shown on any adopted Official Map or Master Plan.

The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain except for the following purposes: the removal of dead or diseased trees, limited thinning of trees and growth to encourage the most desirable growth and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.

(r)

Fire protection. Wherever a central water supply exists, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Township Fire Department and in accordance with fire insurance rating organization standards.

(s)

Buffers and screening. Except in the RC-1, RC-2 or RC-3 Redevelopment Districts (wherein buffer areas and screening are to be considered as part of a planned unit residential development and planned commercial development), if a lot to be developed abuts a residential use or residential district, the following buffer and screening requirements shall apply:

[Amended by Ord. No. 2-2022, 1-18-2022]

Buffer width. Unless otherwise specified by this chapter or the approving authority, a buffer area, from which parking is excluded, shall be no less than 25 feet in width along the rear yard boundary and no less than 15 feet in width along the side yard boundaries. Buffer areas shall be contiguous with residential property lines and shall be of uniform width. If the available buffer area is less than what is required, the applicant may be required to erect a six-foot-high privacy fence or equivalent dense evergreen planting a minimum of six feet in height within the buffer area and at a point parallel to the lot line of the abutting lot and at a distance appropriate for the landscaping treatment in the buffer area.