[Ord. No. 1980-11]
This chapter shall be known and may be cited as "The Land Subdivision
Ordinance of the Township of Greenwich."
[Ord. No. 1980-11]
The Township Committee declares that these rules and regulations
and standards for guiding the subdivision of land for various purposes
have been promulgated to provide for the orderly growth and coordinated
development of the Township and to assure and promote the comfort,
convenience, safety, public health and general welfare of its people,
and further that the approval of such subdivision shall be administered
in accordance with the following considerations:
a.
Conformance with the various parts of the master plan, the zoning
ordinance, and the official map.
b.
Recognition of a desirable relationship to the general land form,
its topographic and geologic character, to natural drainage and surface
water runoff, and to the ground water table.
c.
Recognition of desirable standards of subdivision design including
adequate provision for pedestrian and vehicular traffic, for surface
water runoff, and for suitable building sites for the land use contemplated.
d.
Provision for such facilities as are desirable adjuncts to the contemplated
use such as parks, recreation areas, school sites, fire houses, and
off-street parking.
e.
Preservation of such natural assets as mountainous areas, ponds,
streams, shrubs and trees.
f.
Provision of adequate utilities services and circulation.
[Ord. No. 1980-11; amended
by Ord. No. 2014-02]
The provisions of this chapter shall be administered by the
Land Use Board of the Township in accordance with N.J.S.A. 40:55D-1
et seq., its amendments and supplements thereto.
[Ord. No. 1980-11]
As used in this chapter.
Conditions or situations creating, imposing, aggravating,
or leading to impractical, unsafe, or unsatisfactory conditions on
a subdivider's property or any adjacent property such as improper
circulation and drainage rights-of-way as defined in N.J.S.A. 40:55D-3
et seq., inadequate drainage facilities, insufficient street width,
unsuitable street grades, unsuitable street location to accommodate
prospective traffic or coordinate and compose a convenient system,
locating lots in a manner not adaptable for the intended purpose without
danger to health or peril from flood, fire, erosion, or other menace,
providing for lots of insufficient size, and neither providing nor
making future allowance for other facilities required by this chapter.
For purposes of exemption a division of land from the provisions
of this chapter, land that has been found by the Land Use Board will
be used solely for growing and harvesting of crops and/or raising
and breeding of animals and one upon which no structure other than
a fence or building to contain livestock or for storage will be erected;
and in which all resulting parcels are five acres or larger in size;
and shall include such suitable limits and controls so as to assure
compliance with the intent and purpose of this exemption.
[Amended by Ord. No. 2014-02]
The application form and all accompanying documents, plats
and submissions required by this ordinance for approval of a subdivision
plat.
The Land Use Board of the Township.
[Amended by Ord. No. 2014-02]
The hard or paved surface portion of a street customarily
used by vehicles in their regular course of travel. Where there are
curbs, the cartway includes the curbs and that portion between the
curbs. Where there are no curbs, the cartway is that portion between
the edges of the paved and/or graded width.
Grant or grants to the Township sufficient to permit the
Township to fulfill the intent and purpose of this easement as provided
in Subsection 15-8.8c.
Grant or grants to the Township or the County of Warren sufficient
to permit the Township or the county to fulfill the intent and purpose
of the easement as provided in Subsection 15-8.4e.
The lands required for the installation and maintenance of stormwater and sanitary sewers, water mains or drainage ditches and other utilities, or required along a natural stream or watercourse for the installation and maintenance of stormwater and sanitary sewers or drainage ditches and the area along said courses for the purpose of access and maintaining and preserving the channel and providing for the flow of water therein in accordance with Chapter 1 of Title 58 of the Revised Statutes, as amended.
The official action of the Land Use Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
[Amended by Ord. No. 2014-02]
The final map of all or a portion of the subdivision which
is presented to the Land Use Board and Township Committee for final
approval in accordance with this chapter and which, if approved, shall
be filed in the Warren County Clerk's Office.
[Amended by Ord. No. 2014-02]
The generally flat terrain adjacent to streams, ponds, lakes
and swamps.
The Township Committee of the Township of Greenwich.
Any parcel or portion of land separated from other parcels
or portions by description as by a subdivision plat, deed of record,
survey map or by metes and bounds, which separate parcels, when under
one ownership and contiguous, conform with the zoning ordinance regulations
for the zoning district in which they are located. Contiguous undersized
lots for the zone in which they are located and which lots are under
one ownership shall be considered one lot. No portion of a street
or cartway shall be included in calculating the lot boundaries or
areas.
A composite of the mapped and written proposals recommending
the development goals of the Township and adopted by the Land Use
Board pursuant to N.J.S.A. 40:55D-28 its amendments and supplements
thereto.
[Amended by Ord. No. 2014-02]
Improvements located outside the original tract being subdivided
which must be made to accommodate conditions generated as a result
of the development of the subdivision.
The map adopted in accordance with Article 5 of N.J.S.A.
40:55D-1 et seq., its amendments and supplements thereto. This map
shall be deemed to be conclusive with respect to the location and
width of the streets, utility and drainage rights-of-way, flood control
basins, and the location and extent of public parks, playgrounds,
and scenic and historic sites shown thereon and adopted by the Township
Committee as amended.
Any individual, firm, association syndicate, copartnership,
corporation, trust or any other legal entity having legal title to
the land.
Any security which may be accepted under N.J.S.A. 40:55D-53
its amendments and supplements thereto in lieu of a requirement that
certain improvements be made before the Land Use Board approves the
plat, including performance bonds, escrow agreements, cash not to
exceed 10% of the total performance guarantee and other similar collateral
or surety agreements.
[Amended by Ord. No. 2014-02]
The map or maps of a subdivision.
The preliminary map indicating the proposed layout of the subdivision, which is submitted to the Township for Land Use Board consideration and preliminary approval and meeting the requirements of Subsection 15-7.4.
[Amended by Ord. No. 2014-02]
(1) the further division or relocation of lot lines of any
lot: or lots within a subdivision previously made and approved or
recorded according to law or (2) the alteration of any streets or
the establishment of any new streets within any subdivision previously
made and approved or recorded according to law, but does not include
conveyances so as to combine existing lots by deed or other instrument.
The total width of property along a street, watercourse,
utility path, or other way and within which all improvements and rights
of access are confined.
Grant or grants to the Township of Greenwich or the County of Warren sufficient to permit the Township to fulfill the intent and purpose of the easement as provided for in the Greenwich Township Street and Road Improvement Ordinance, (§ 11-2).
A facility designed to collect silt and eroded soil from
a designated area.
The sketch map of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Subsection 15-7.3 as applicable.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or Township
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action as provided by N.J.S.A.
40:55D-1 et seq., amendments and supplements thereto, or a street
or way on a plat duly filed and recorded in the office of the Clerk
of the County of Warren prior to the appointment of the Land Use Board
and the grant to such Board of the power to review plats, and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter, streets shall be classified to conform to the Greenwich
Township master plan as follows:
[Amended by Ord. No. 2014-02]
ARTERIALA street intended to carry large volumes of through traffic at steady speeds with minimum interruptions to traffic flow, generally connecting with collector streets, and major traffic generators within the area and which is subject to necessary control of ingress and egress.
COLLECTORA street which forms the boundary of major blocks of land and is intended primarily for interneighborhood or intramunicipal traffic and is often a feeder road to commercial areas and the arterial street system.
PRIMARY LOCALA street intended primarily for access into major blocks of land and not for through traffic.
SECONDARY LOCALA street intended primarily for access to abutting properties and not for through traffic.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on an adopted master
plan or official map, forming the dividing line between the street
and lot. The streets shall be as ordained with accurate metes and
bounds for a newly created street and when the existing right-of-way
alignment can be easily and accurately re-established, otherwise the
street line shall be as delineated schematically and symmetrically
without metes and bounds on each side of the roadway or original road
center line.
Grant or grants to the Township and sufficient to permit
the Township to fulfill the intent and purpose of the easement as
provided for in Subsection 15-8.3g.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for the
owner of record or for another, with consent of the owner of record.
The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels or other division of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created:
Divisions of land found by the Land Use Board or subdivision
committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size,
providing that the Land Use Board shall require suitable proofs that
said division be for agricultural purposes only, and may impose suitable
limitations and controls with respect to the use thereof for erection
of any structure of a non-agricultural type.
[Amended by Ord. No. 2014-02]
Divisions of property by testamentary or intestate provisions,
provided that said resulting parcels can be clearly recognized and
defined if divided by testamentary instrument.
Divisions of property upon court order, provided the Board shall
have found and is satisfied that the purpose of the parties and/or
the applicant in obtaining the court ordered division was not to circumvent
procedure established and provided by this chapter for the subdivision
of lands.
Conveyances so as to combine existing lots by deed or other
instrument. Subdivision shall also include resubdivision, and where
appropriate to the context, relates to the process of subdividing
or to the land or territory so divided.
A Committee of at least three Board members, appointed by
the Chairman of the Board with the approval of the majority of the
Board, for the purpose of reviewing subdivision applications prior
to action by the entire Board to determine whether such applications
comply with all ordinance provisions and to make recommendations to
the Board for classification and action. The Committee may be delegated
other duties relating to land subdivision which may be conferred on
this Committee by the Board through a motion duly adopted and recorded.
Any subdivision not classified as a minor subdivision.
Any subdivision of land that does not involve:
The creation of more than three new lots plus a remainder for
a total of four lots fronting on an improved existing street within
a five-year period;
A planned development;
Any new street or the extension of Township facilities;
The extension of any off tract improvements;
An adverse effect on development of the remainder of the parcel
of adjoining property or;
In conflict with any provisions or portion of the Master Plan,
Official Map, Zoning Ordinance or this chapter.
The Township of Greenwich, Warren County, New Jersey.
[Ord. No. 1980-11; Ord. No. 1995-14; Ord.
No. 1996-7]
Filing procedure, fee and classification for sketch plat:
a.
Any subdivider desiring to proceed with a subdivision or resubdivision
of land shall file with the Secretary of the Land Use Board at least
three weeks prior to the date of a regular meeting of the Board 10
black on white copies of said sketch plat of the proposed subdivision
and four completed copies of the Township application form, two completed
copies of the County Planning Board application form and three copies
of any protective covenants, deed restrictions or easements affecting
the property or proposed in the subdivision, such as a conservation,
drainage or utility right-of-way or a sight triangle, and three copies
of deed(s) for any lands offered to the Township. The Secretary of
the Land Use Board shall, within two working days, forward one copy
of each to the Township Engineer. The Land Use Board Secretary shall
forward the material to the Land Use Board's Subdivision Committee
except that two copies of the plat, two copies of the county's application
form and one copy of the Township form shall be forwarded to the County
Planning Board at least two weeks before the Township Land Use Board
meeting. Once an application has been assigned a number, such number
shall appear on all papers, maps, plats and other documents submitted
for processing in conjunction with the subdivision. If the application
for development is found to be incomplete, the developer shall be
notified thereof within 45 days of submission of such application
or it shall be deemed to be properly submitted.
[Amended by Ord. No. 2014-02]
b.
Any subdivision determined by the Board to create, impose, aggravate
or lead to the possibility of an adverse effect upon either the original
property being subdivided or upon any adjacent properties may be required
to be revised by the subdivider to remove such adverse effect(s) prior
to further review, classification or approval by the Board, or where
the remaining portion of the original tract is of sufficient size
to be subdivided further, the subdivider may be required to submit
a sketch plat of the entire remaining portion of the tract to indicate
a feasible plan whereby the application for subdivision together with
subsequent subdivisions may be submitted that will not create, impose,
aggravate or lead to any such adverse effects.
c.
The Board shall classify the sketch plat as either a major or minor
subdivision by majority vote of the entire Board, and notation to
that effect shall be made on the plat together with any corrections,
additions, deletions or other requirements that the Board may require
before consideration of the sketch plat for approval or denial. If
classified as a minor subdivision, the applicant shall submit a final
plat, including all modifications required by the Board. If classified
as a major subdivision, no sketch plat modifications shall be required.
Any conditions imposed on the application shall be included in the
preliminary plat submission.
d.
All sketch plats containing proposals and/or designs for drainage,
streets and subdivision layouts are for discussion and classification.
They are sketches of possible plan(s) for the development of an area.
They are not binding on the community or upon the - subdivider and
do not necessitate accurately engineered drawings.
e.
The Board shall not approve a sketch plat until a written report
on the subdivision has been received from the Township Engineer and
unless approval has been received, in writing, for such subdivision
from the County Planning Board within 30 days after its receipt of
the plat. If a reply is not received from the County Planning Board
or the Township Engineer within 30 days, the sketch plat shall be
deemed to have been approved by them unless by mutual agreement between
the Board, County Planning Board or Engineer, and the applicant, the
thirty-day period for County Planning Board approval shall be extended
for an additional thirty-day period, and any such extension shall
so extend the time within which the Board shall be required by law
to act.
f.
Whenever review or approval of the application by the Warren County
Planning Board is required, the Township Land Use Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the Warren County Planning Board or approval
by the County Planning Board by its failure to report thereon within
the required time period. "Timely receipt," as used herein, means
receipt of the report prior to the regular meeting of the Land Use
Board at which official action on the plat is to be taken.
[Amended by Ord. No. 2014-02]
g.
As a condition for subdivision approval, the applicant must submit
proof from the Township Tax Collector or other designated official
that no taxes or assessments for local improvements are due or delinquent
on the property for which subdivision is sought.
h.
The Land Use Board or Subdivision Committee may condition any subdivision
approval upon terms ensuring the provision of improvements pursuant
to the terms of this chapter or any other ordinance so requiring such
improvements.
[Amended by Ord. No. 2014-02]
i.
If approved as a sketch plat of a major subdivision or as a final
plat of a minor subdivision, a notation to that effect including the
date of the Board's action, shall be made on all copies of the plat
and shall be signed by the Chairman and the Secretary of the Board
(or the Acting Chairman or Acting Secretary in their absence, respectively).
In the event the plat is disapproved by the Board, the Secretary of
the Land Use Board shall, within 10 days of such action, notify the
subdivider by certified mail of such disapproval and the reasons therefor.
[Amended by Ord. No. 2014-02]
j.
Approval of a minor subdivision shall expire 190 days from the date
of Land Use Board approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law, P.L.
1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing
the approved minor subdivision is filed by the developer with the
Warren County Clerk, the Township Engineer, and the Township Tax Assessor.
Any such plat or deed accepted for such filing shall have been signed
by the Chairman and Secretary of the Township Land Use Board. If the
developer elects to record a deed in lieu of filing of the approved
plat, an original and four copies of the proposed deed accurately
and clearly describing the approved minor subdivision in accordance
with the plat as approved shall be submitted to the Secretary of the
Land Use Board who shall then cause the deeds to be stamped "approved"
and signed by the Chairman and Secretary of the Land Use Board and
distributed with copies of the plat as follows:
[Amended by Ord. No. 2014-02]
1.
Land Use Board files: one copy.
2.
Tax Assessor: one copy.
3.
Building Inspector: one copy.
4.
Township Engineer: one copy.
|
The approved plat of a minor subdivision shall not be distributed
until the Secretary of the Land Use Board receives notification from
the Warren County Clerk that the plat or a deed in lieu thereof has
been recorded. In the event of failure to file the approved subdivision
plat or record a deed in lieu thereof as set forth above with 190
days from date of subdivision approval, the approval of the plat shall
expire, and any further proceedings shall require the filing of a
new application and plat as in the first instance.
|
k.
Before any approved sketch plat of a major subdivision is returned
to the subdivider, the Secretary of the Land Use Board shall have
sufficient signed copies of the plat to forward one copy of each of
the following, retaining one copy for his file:
[Amended by Ord. No. 2014-02]
1.
Township Engineer.
2.
Building Inspector.
3.
Tax Assessor.
4.
County Planning Board.
5.
Township Land Use Board.
6.
Township Board of Health (or the Warren County Board of Health in
lieu thereof.)
|
As a condition of subdivision approval of a tract into six or
more lots, the applicant, where it is a corporation or partnership,
shall submit as part of its application a list of all stockholders
or individual partners owning at least 10% of its stock or at least
10% of the interest in the partnership, as the case may be, pursuant
to N.J.S.A. 40:55D-48.2, if applicable, a list of all stockholders
or individual partners owning at least 10% of the stock or partnership
interest in a corporation or partnership subject to disclosure pursuant
to N.J.S.A. 40:55D-48.1.
|
[Ord. No. 1980-11; Ord. No. 1995-14; Ord.
No. 1996-7]
a.
Any subdivider having received sketch plat approval of a major subdivision
shall submit to the Land Use Board Secretary, at least three weeks
prior to the regular meeting of the Land Use Board, 10 copies of the
preliminary plat of the proposed subdivision, five completed copies
of the Township application form for preliminary approval, two completed
copies of the County Planning Board application form and three copies
of any protective covenants, deed restrictions or easements, applying
to the land being subdivided. The applications shall also be accompanied
by three copies of the drainage calculations as prescribed in Subsection
15-7.4f,7(a) and (b).
[Amended by Ord. No. 2014-02]
b.
Copies of the preliminary plat shall be forwarded by the Secretary
of the Land Use Board at least 30 days prior to the hearing to the
following:
[Amended by Ord. No. 2014-02]
1.
County Planning Board with three copies of plat, two copies of the
County Planning Board application, one copy of Township application
and one copy of drainage calculations.
2.
Township Engineer with one copy of drainage calculations.
3.
Secretary of the Township Board of Health.
4.
Building Inspector.
6.
Such other Township, county or state officials as directed by the
Board.
c.
No public hearing shall be had on any preliminary plat for preliminary
approval until the Board either receives a report in writing from
those to whom copies of the plat have been forwarded or until the
following time period expires:
[Amended by Ord. No. 2014-02]
|
If within 30 days after receiving the preliminary plat the County
Planning Board, or any other agency or individual to whom the preliminary
plat was forwarded, does not return any comments to the Township Land
Use Board, the preliminary plat shall be deemed to have been approved
by them unless by mutual agreement between the Township Land Use Board,
County Planning Board or other agency or individual receiving the
plat and the applicant, the thirty-day period shall be extended for
an additional thirty-day period, and any such extension shall extend
the time within which the various agencies shall be required by law
to act.
|
d.
Action by the Board.
1.
If the County Planning Board approves the preliminary plat, its approval
shall be noted on the plat. If any disapprovals are concurred with
by the Board, a copy of the reasons for disapproval shall be returned
to the subdivider with the plat. In the event of disapproval of the
plat, the reason for disapproval shall be remedied prior to further
consideration. The person submitting the plat shall be notified of
the action of the Board within 10 days of its action.
2.
If the Board requires or if the subdivider voluntarily provided any
substantial change in layout of improvements proposed by the developer
that have been the subject of a hearing, the subdivider shall submit
an amended plat which shall be processed upon as in the case of the
original filing, without the payment of any additional fees, unless
the number of lots is increased. If the Board requests minor revisions
or if the subdivider voluntarily makes minor revision, no additional
public hearing shall be required.
3.
If the Board acts favorably on the preliminary plat, the Chairman
of the Board (or Acting Chairman in his absence) and Secretary of
the Board (or Acting Secretary in his absence) shall affix their signatures
to the plat with a notation that it has been given preliminary approval.
4.
After approval of the preliminary plat, copies of the signed plat
shall be furnished to each of the following:
(a)
Township Clerk.
(b)
Township Engineer.
(c)
Land Use Board.
[Amended by Ord. No. 2014-02]
(d)
Township Board of Health.
(e)
County Planning Board.
(f)
Building Inspector.
(g)
To the subdivider for compliance with final approval requirements.
(h)
Such other Township, county or state officials as directed by
the Board.
e.
Preliminary approval shall confer upon the applicant rights as set
forth in c. 291, P.L. 1975 (N.J.S.A. 49:55D-49).
[Ord. No. 1980-11; Ord. No. 1987-9; Ord. No.
1990-14; Ord. No. 1995-14; Ord. No. 1996-7]
a.
The subdivider shall cause a final plat to be made in accordance with the requirements of Subsection 15-7.5, which plat shall conform to the approved preliminary plat, including any modifications therein that were required as a condition of preliminary plat approval, and shall, within three years after the date of preliminary plat approval [unless this period has been duly extended by the Board pursuant to N.J.S.A. 40:55D-49(d)] and at least three weeks prior to the date of a regular Board meeting, file with the Secretary of the Land Use Board one Mylar, two cloth and 10 black on white paper prints of the final plat and four completed copies of the Township application form for final approval together with two completed copies of the County Planning Board application form and a performance guaranty which meets the requirements of Subsection 15-6.1.
[Amended by Ord. No. 2014-02]
|
In accordance with Subsection 15-8.5g, the final plat shall
be accompanied by letters directed to the Chairman of the Land Use
Board and signed by a responsible officer of the water company, sewer
authority and utility which provided gas, telephone and electricity
that has jurisdiction in the area. Such letters shall approve each
proposed utility installation design and stating who will construct
the facility.
|
b.
The Secretary of the Land Use Board shall, within two working days
of the filing of said final plat, forward two paper copies to the
County Planning Board together with two copies of its application
and one copy of the town application, and forward a copy thereof to
each of the following:
[Amended by Ord. No. 2014-02]
c.
Installation of improvements prior to final approval. Before consideration of a final subdivision plat, the subdivider shall have installed all of the required improvements as specified in § 15-8 of this chapter under the supervision and inspection of the Township Engineer. The subdivider may, however, post suitable performance guaranty in accordance with N.J.S.A. 40:55D-53, which shall have first been reviewed and approved by the Township Attorney and accepted by the Township Committee in an amount equal to 120% of the estimated cost of the improvements of which 10% of the total shall be in cash or certified check for the later installation of the following improvements only:
1.
The final pavement surface course of the street pavement.
2.
Sidewalks.
3.
Monuments in accordance with the provisions of the Map Filing Law
(N.J.S.A. 46:23-9.9 et seq.).
4.
Street signs.
5.
Shade trees.
6.
Any other improvements as the Land Use Board shall, in its discretion,
deem to be appropriately the subject of a performance guaranty to
ensure later installation.
[Amended by Ord. No. 2014-02]
|
Except as specifically permitted hereinabove, all other improvements
required to be installed shall have actually been installed, inspected,
and approved by the Township Engineer.
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d.
The Board shall take action on the final plat within 45 days of the
submission of the final plat and complete application or within such
further time as the applying party may agree to; otherwise, such plat
shall be deemed to have been approved and the certificate of the Land
Use Board Secretary as to the date of the submission of the plat for
action and as to the failure of the Board to report action thereon
within the aforesaid 45 days, or such further time as agreed to by
the applying party, shall be issued on request of the owner or his
agent and shall be sufficient, in lieu of the written endorsement
or other evidence of favorable action herein required. If the Board
disapproved the plat, the findings and reasons for such action shall
be stated upon the records of the Board, and the applicant shall be
given a copy within 10 days of such disapproval.
[Amended by Ord. No. 2014-02]
e.
If the Board approves the final plat, such action shall be noted
on the plat and shall be signed by the Chairman (or acting Chairman
in his absence) and Secretary (or Acting Secretary in his absence)
of the Board.
f.
No plat shall be accepted for filing in the Warren County Clerk's
Office unless it has been duly approved by the Land Use Board and
signed by the officials noted above.
[Amended by Ord. No. 2014-02]
g.
Upon final approval, the applicant shall provide sufficient signed
copies of the final plat so the Land Use Board can file one copy each
with the following:
[Amended by Ord. No. 2014-02]
h.
No certificate of occupancy for any dwelling, building or structure
shall be granted unless all required improvements have been installed
or completed except as noted below.
1.
Exception. A certificate of occupancy may be issued if all improvements
have been installed or completed except the finish course of the road
and the Township Engineer warrant that completion of the road is in
the Township's interests after the subdivider has completed construction
of dwellings and structures.
[Ord. No. 1980-11; amended
by Ord. No. 2014-02]
In the event that the application fees required by this chapter
or any section thereof shall be insufficient to reimburse the Township
for the actual costs expended by it for processing and engineering
review of any application for development, the applicant shall be
so informed of the deficiency and be supplied with a statement in
writing setting forth the amounts paid by him to date, the amounts
expended on his behalf for processing and review of the application
for development, the amount of the current deficiency, if any, and
shall include a good faith estimate of the additional amount required
to complete processing and review of the application.
Upon receipt of the above notice, the application shall thereupon
pay such additional fees to the Secretary of the Land Use Board.
If the additional fees are not paid by the applicant, the application
procedures shall be suspended and no further official action of the
Board shall be taken and the application shall be deemed to be incomplete
for the purposes of the tolling of the time periods for approval pursuant
to the Municipal Land Use Law (N.J.S.A. 40:55D-50).
[1]
Editor's Note: The Application Procedure Checklists are included as an attachment to this chapter.
[Ord. No. 1980-11]
a.
No final plat shall be approved by the Board until complete and satisfactory installation of all items required in subsections 15-8.1 through 15-8.5 as such, but not limited to, streets, street signs, curbs, gutters, culverts, trees, surveyors' monuments, soil erosion and stormwater control measures, water mains, storm sewers, sewage treatment plant, sanitary sewers, dry sanitary sewers and such other improvements, on site and off site required by the Board in the public interest have been installed, inspected, certified, and approved by the Township Engineer and accepted by the Township Committee and a maintenance guarantee has been filed and accepted by the Township Committee in accordance with the requirements of this section, (or the installation of only those improvements which are properly the subject of a performance guarantee to insure their subsequent installation as set forth in Subsection 15-5.3 c., shall have been provided for by a performance guarantee accepted and approved by the Township Committee in accordance with the requirements of this section before approval of the final plat). No maintenance bond shall be accepted, nor shall any partial facility be accepted by the Township for any item which has further stages of work to be completed or which will need to be completed or which will need to be altered or reworked in any manner due to the installation or connection or any other facility. Any improvements installed prior to final plat application that do not meet Township standards shall be added to the performance guarantee.
b.
A performance guarantee estimate shall be submitted to the Board
by the Township Engineer as part of his report on preliminary plat
review completely detailing the material and work required for the
subdivision improvements and an estimated cost of providing them.
The Board may request the Township Engineer to review and update this
estimate from time to time as required.
c.
The proposed performance guarantee accompanying the final plat shall
be submitted to the Board by the subdivider. The Board shall review
the proposed performance guarantee and submit it to the Township Engineer
and Township Attorney for recommendations as to accuracy and form
and then to the Township Committee for approval and acceptance by
resolution. Final approval shall not be granted until the performance
guarantee has been accepted and approved by the Township Committee.
1.
The performance guarantee shall consist of the performance guarantee
estimate and a performance bond, in which the subdivider shall be
principal and an acceptable surety company licensed to do business
in the State of New Jersey, and/or cash or certified check which shall
be deposited with the Township by payment to the Township Treasurer,
shall be surety. The Township Treasurer shall issue his receipt for
such deposits and shall cause the same to be deposited in a bank approved
by the Township Committee in the name of the Township of Greenwich
to be retained as security for completion of all requirements and
to be returned to the subdivider on completion of all required work
or, in the event of default on the part of the subdivider, to be used
by the Township to pay cost and expense of obtaining completion of
all requirements. If the required improvements have not been installed
or conducted in accordance with the standards of the town or within
the stipulated time, the obligor and surety for any bond shall be
liable thereon to the Township for the reasonable costs of the improvements
or of the uncompleted portions thereof and upon authorization by the
Township Committee, the Township Attorney shall take the necessary
steps to obtain such costs from the obligor and surety; the Township
may either prior to or after the receipt of the proceeds thereof complete
such improvements.
2.
The total performance guarantee shall equal 100% of the performance
guarantee estimate plus an amount equal to 20% of the cost of any
facilities installed prior to final submission. Ninety percent of
this total shall be in either cash, certified check or surety bond
of a bonding company approved by the Township Committee. In addition
to the performance guarantee, whether with surety company or cash
surety, the subdivider shall deposit cash with the Township in an
amount equal to 10% of the amount of the approved performance guarantee
estimate and the same shall be paid and deposited in like manner and
under the same conditions as the security aforesaid. In the event
of default, the 10% fund herein mentioned shall be first applied to
the completion of the requirements and the cash, certified check,
or surety bond shall thereafter be resorted to, if necessary, for
the completion of the requirements. The cash or surety bond may recite
the foregoing provision. The Township Engineer's determination that
the principal has defaulted in meeting the required standards of the
construction shall be the basis of the Township Committee action which
accepts or rejects the improvements, grants partial approval, or withholds
approval.
d.
The Township Clerk shall notify the Secretary of the Land Use Board
and the Township Engineer prior to the Board's next regular meeting
that the performance guarantee has been approved and accepted by the
Township Committee.
[Amended by Ord. No. 2014-02]
e.
All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Township Engineer to insure satisfactory completion. The Township Engineer shall be notified by the subdivider five days in advance of the start of construction. The cost of the inspection shall be the responsibility of the subdivider and he shall deposit with the Township treasurer cash equal to 2% of the amount of the performance guarantee estimate prior to beginning construction, but an amount not less than $250. This deposit shall be in addition to the amount for the performance guarantee outlined in Subsection 15-6.1 above. If the inspection costs exceed such funds, the subdivider shall deposit with the Township Treasurer additional sums upon notice from the Township Engineer and approval of the Township Committee.
f.
In no case shall any paving work (including prime and seal coats)
be done without permission from the Township Engineer prior to any
such construction so that a representative of the Township Engineer's
office may be present at the time the work is to be done. No underground
installation shall be covered until inspected and approved. The Township
Engineer's office shall be notified after each of the following phases
of the work has been completed so that he or a qualified representative
may inspect the work; road subgrade, curb and gutter forms; curbs
and gutters; road paving after coat in the case of priming and sealing;
drainage pipes and other drainage structures before back filling;
shade trees and planting strips; street name signs; and monuments.
Electrical, gas, and telephone utility distribution supply lines installed
by the utility companies are exempt from the above requirements. Occupancy
permits will be issued only when the installation of any curb, all
utilities, all functioning water supply and sewage treatment facilities,
all necessary storm drainage to insure proper drainage of the lot
and surrounding land, rough grading of lots, base course for the driveway,
and four inch compacted base course of macadam driveway, and four
inch compacted base course of macadam base course for the streets
are installed to serve the lot and structure for which the permit
is requested. Streets, if installed prior to final approval, shall
not be paved until all heavy construction is completed. Shade trees
shall not be planted until all grading and earth moving is completed.
Seeding of grass areas shall be the last operation.
g.
Inspection by the Township of the installation of improvements and
utilities by the subdivider shall not subject the Township to liability
for claims, suits, or liability of any kind that may at the time arise
because of defects or negligence, during construction, or at any time
thereafter; it being recognized that the responsibility to maintain
safer conditions at all times during construction and to provide proper
utilities and improvements is upon the subdivider and his contractors
or subcontractors, if any.
h.
After completing the construction of the public improvements covered
by the performance guarantee, the subdivider shall prepare two sets
of the public improvements and utility plans and profiles amended
to read "as constructed" and apply to the Township Engineer for final
inspection of the work. The Township Engineer shall, within 30 days
of completing the inspection report to the Township Committee on the
condition of the work, and recommend that the performance guarantee
be released, extended, or declared in default, in whole or in part.
i.
The Township Committee shall, by resolution, release, extend or declare
in default each performance guarantee. Such performance guarantee
shall remain in effect until released by the Township Committee. If
any improvements have not be installed in accordance with the performance
guarantee, the obligor and surety shall be liable thereon to the Township
for the reasonable cost over and above the 10% cash deposit of the
improvements not installed and upon receipt of the proceeds thereof,
the Township shall install such improvements.
j.
In the event the subdivider elects to construct the project in phases,
the specific plan for such phasing shall have first been submitted
to the Township Engineer, who shall review same to assure that the
construction phasing proposed is suitable and adequate to protect
the interests of the public and of the residents, occupants and owners
of the proposed development and of the Township of Greenwich and to
further assure that a continuing rational nexus with respect to the
road network, drainage structures, utilities and other improvements,
exists between the various phases of development.
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In that it is common that a subsequent phase of development
is dependent, at least in part, for access and other purposes upon
a previous phase of development, the Township Engineer shall determine
and so recommend to the Greenwich Township Committee, whether or not
the performance guarantee and/or maintenance guarantee previously
posted shall be released, in whole or in part, taking into consideration
the relationship of the phase of development completed and for which
performance and/or maintenance guarantee releases are sought, to those
phases yet to be completed and the impacts, if any, the phases yet
to be completed will have upon those previously completed.
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Where access to a subsequent phase of development will be achieved,
in whole or in part, through a previously completed phase of development,
the performance and/or maintenance guarantee for such previous phase
of development shall not be released until such subsequent stage of
development has been completed to the satisfaction of the Township
Committee, acting upon the advice of the Township Engineer.
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[Ord. No. 1980-11]
The approval of any plat under this chapter by the Board shall
in no way be construed as acceptance of any street, drainage(s) system
or other improvements required by this chapter nor shall such plat
approval obligate the Township in any way to maintain or exercise
jurisdiction over such street, drainage system, or other improvements.
Acceptance of any street, drainage system or other improvement by
the Township shall be implemented only by favorable action by the
Township Committee. No improvement shall be accepted by the Township
Committee unless and until all of the following conditions have been
met:
a.
The Township Engineer shall have certified in writing that all the
improvements are complete and that they comply fully with the requirements
of this chapter and of other applicable local ordinances.
b.
The final plat shall have been approved by the Board.
c.
The subdivider shall have filed with the Township Committee and the Township Committee shall have accepted and approved a maintenance guarantee of not more than 15% of the cost of installing the improvements and shall run for a period not to exceed two years after final acceptance of the improvement. The final amount of the maintenance guarantee shall be based on the recommendation of the Township Engineer which shall consider, among other things, the length of time the improvement has been installed prior to filing of the maintenance guarantee. The procedures and requirements governing such maintenance shall be identical to the procedures and requirements for a performance guarantee set forth in Subsection 15-6.1.
d.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
[Ord. No. 1980-11]
No subdivision request shall be accepted unless submitted in
plat form and no plat shall be accepted for consideration unless it
fully conforms to the following requirements as to form, content and
accompanying information, and complies with the provisions of N.J.S.A.
46:23-9.9 et seq. (Map Filing Law), as amended and shall have been
drawn by a professional engineer or land surveyor as required by law,
licensed to practice in the State of New Jersey and shall bear the
signature, seal, license number and address of the professional engineer
and/or land surveyor.
[Ord. No. 1980-11]
A minor subdivision plat shall be clearly and legibly drawn at an accurate scale of not less than one inch equals 100 feet and shall be based on an actual survey certified by a land surveyor licensed in New Jersey. Plats shall be presented on sheet(s) of one of the following dimensions: 30 inches by 42 inches; 24 inches by 36 inches; 15 inches by 21 inches; or eight and 1/2 inches by 13 inches. The plat shall be designed in compliance with the provisions of § 15-8 and in addition shall show the following information:
a.
All lots being subdivided together with the boundary and acreage
of the entire original tract, and the number of new lots being created.
The area of each lot shown correct to one square foot.
b.
All existing and proposed property lines within and immediately adjoining
the tract and all lot lines to be eliminated. All lot lines shown
correct to one-hundredth of a foot.
c.
All existing buildings and structures, wooded areas and streams,
lakes and drainage rights-of-way and streets within the limits of
the tract(s) being subdivided and any within 200 feet thereof including
the location, size, and direction of flow of all streams, brooks,
drainage structures and drainage rights-of-way. Any existing features
to be removed or relocated shall be indicated. Stream encroachment
lines within the tract shall be shown. General topographic date and
general drainage system shall be shown.
d.
The shortest distance from any existing buildings to any proposed
and existing lot line.
e.
The existing and proposed right-of-way width of all easements and
all streets within and adjoining the premises, together with the street
names, and the purpose of any easement. Sight triangles shall be shown.
f.
The name of the owner and all adjoining property owners as disclosed
by most recent Township tax records.
g.
Tax map sheet, block and lot number; date; meridian; graphic scale,
north arrow and the subdivision application number.
h.
Zoning district(s). If the property lies in more than one zoning
district, the plat shall indicate all the zoning district lines.
i.
The name, address, phone number, and signature of the owner, subdivider,
and person preparing the plat.
j.
When on-lot water and/or on-lot sewage disposal are proposed, the
plat shall be accompanied by the results of the percolation test(s).
The percolation test(s) shall have been located on each proposed lot
and at the site of the proposed septic tank and appropriate additional
locations in the leeching field within each site and shall be accompanied
by the approval of the appropriate Township and state agencies. The
percolation test(s) shall include all data required by the Township
and state agencies including, but not limited to, the date of the
test(s), the location of each test shown on the plat, cross-section
of the soil to a depth of at least 10 feet below finished grade, ground
water level, the rate of percolation, the weather conditions prevailing
at the time of the test(s) as well as for the preceding 24 hours,
and a cross-section of the proposed septic field. The test(s) shall
be performed at the applicant's expense. Each lot proposed shall show
the location of the proposed individual water supply and sewage disposal
system.
[Ord. No. 1980-11]
The sketch plat shall be titled as such and shall be based on
tax map information or some other similarly accurate base, at a scale
of not less than 100 feet to the inch in order to enable the entire
tract to be shown on one sheet, and shall show or include the following
information: Plats shall be presented on sheet(s) of one of the following
dimensions 30 inches by 42 inches; 24 inches by 36 inches; 15 inches
by 21 inches; or 8 1/2 inches by 13 inches.
a.
All the data required under Subsection 15-7.2 above, except lot areas, need only be measured to the nearest 0.1 acre and lot line dimensions need only be measured to the nearest whole foot. The location of that portion which is to be subdivided shall be shown in relation to the entire tract: Contour lines, when required by the Land Use Board; all existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof; a tentative lot and street layout; and all streets, roads, streams, watercourses, and drainage rights-of-way within 500 feet of the subdivision.
[Amended by Ord. No. 2014-02]
b.
A key map showing the entire subdivision and its relation to surrounding
areas, at a scale of not less than one inch equals 800 feet.
[Ord. No. 1980-11]
The preliminary plat shall be titled as such and shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Plats shall be presented on sheets of one of the following dimensions: 30 inches by 42 inches; 24 inches by 36 inches; 15 inches by 21 inches or 8 1/2 inches by 13 inches. The plat shall be designed in compliance with the provisions of § 15-8 in addition to the following information:
a.
A key map showing the entire subdivision and its relation to surrounding
areas, including political boundaries, at a scale of not less than
one inch equals 2,000 feet for tracts exceeding five acres and at
a scale of not less than one inch equals 800 feet for tracts less
than five acres.
b.
A title containing the name of the subdivision; the name of the Township;
tax map sheet, block and lot number; date of preparation and most
recent revision; meridian; north arrow; written and graphic scales;
the names, addresses, phone numbers, and signatures of the owner,
subdivider and persons who prepared the plat(s); the names of all
property owners within 200 feet of the extreme limits of the subdivision;
the name and address of the engineer and land surveyor who prepared
the map and their professional seal and signatures: and the subdivision
application number.
c.
The acreage of the original tract being subdivided measured to the
nearest tenth of an acre and the number of new lots created, each
lot measured and labeled to the nearest square foot. The part being
subdivided shall be clearly distinguished from any portion being retained.
d.
A map showing existing and proposed elevations and contour lines
over the entire area of the proposed subdivision at consistent five-foot
contour intervals, together with watercourses and an indication of
the final disposal of the surface waters. All elevations shall be
related to a bench mark noted on the plan.
e.
The locations and dimensions of existing and proposed railroad rights-of-way,
bridges, and natural features, such as wooded areas, watercourses,
lakes and views, within the subdivision.
f.
All existing and proposed watercourses (including lakes, ponds and
marsh areas) shall be shown and accompanied by the following information
or data:
1.
When a running stream with a drainage area of 1/2 square miles or
greater is proposed for alteration, improvement or relocation or when
a structure or fill is proposed over, under, in or along such a running
stream, evidence of approval, required alterations, lack of jurisdiction,
or denial of the improvement by the New Jersey Division of Water Policy
and Supply shall accompany the subdivision.
2.
Cross-sections and profiles of watercourses at an appropriate scale
showing extent of floodway and flood hazard area, top of bank, normal
water level and bottom elevations at the following locations:
(a)
All watercourses within or adjacent to the subdivision and at
any point where a watercourse crosses a boundary of the subdivision.
(b)
At fifty-foot intervals for a distance of 300 feet downstream
of any proposed culvert or bridge within the subdivision and/or within
1,000 feet downstream of the subdivision.
(c)
At fifty-foot intervals up to 300 feet upstream and downstream
of any point in juncture of two or more watercourses within and/or
within 1,000 feet of the subdivision.
(d)
At a maximum of five-hundred-foot intervals, but no less than
two locations, along each watercourse which runs through or within
500 feet to the subdivision.
(e)
When ditches, streams, brooks or watercourses are to be altered,
improved or relocated, the method of stabilizing slopes and measures
to control erosion and siltation as well as typical ditch sections
and profiles shall be shown on the plan or accompany it.
3.
The total acreage in the drainage basin of any watercourse running
through or adjacent to a subdivision in the area upstream of the subdivision.
4.
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in that portion of the subdivision
which drains to the structure.
5.
The location and extent of drainage and conservation easements and
stream encroachment lines.
6.
The location, extent and water level elevation of all existing or
proposed lakes or ponds within or adjacent to the subdivision.
7.
The plans and computations for any storm drainage systems including
the following:
(a)
All existing or proposed storm sewer lines within or adjacent
to the subdivision showing size and profile of the lines, direction
of flow, and the location of each catch basin, inlet, manhole, culvert
and headwall.
(b)
The location and extent of any proposed dry wells, ground water
recharge basins, retention basins, detention basins, flood control
devices, sedimentation basins and other water conservation devices.
g.
The locations of all individual existing trees outside the wooded
areas shown as required under Subsection 15-7.4e having a caliper
of 12 inches or more measured five feet above ground level shall be
shown. The proposed location of shade trees to be provided by the
subdivider in accordance with Subsection 15-8.5c.
h.
The names, locations and dimensions (cartway and right-of-way widths)
of all existing streets within a distance of 300 feet from the boundaries
of the subdivision and showing any connections from the proposed streets
in the subdivision to nearby arterial and collector streets as those
streets are shown on the adopted master plan.
i.
The names, locations and right-of-way widths of existing and proposed
easements and other rights-of-way in the subdivision and their purpose(s)
and the location and description of all monuments.
j.
All proposed lot lines, including existing lot lines to remain and
those to be eliminated, and all setback lines required by the zoning
ordinance with the dimensions thereof, and the areas of all lots shown
in square feet, correct to one square foot. Any lot(s) to be reserved
or dedicated to public use shall be identified and the proposed use
of lots for other than residential shall be shown. Each block shall
be numbered and the lots within each block shall be numbered consecutively
beginning with number one. In predominately residential subdivision,
a statement of the proposed number of dwelling units shall be included.
k.
Locations of all existing structures, showing existing and proposed
front, rear and side yard setback distances, and an indication of
all existing structures and uses to be retained and those to be removed.
l.
Plans, cross sections, center line profiles, tentative grades and
details of all proposed streets and of the existing streets abutting
the subdivision based on the vertical datum specified by the Township
Engineer together with full information as to the disposal of surface
drainage and including plans, cross sections and profiles of curbing,
sidewalks, storm drains and drainage structures. Typical street cross
sections shall indicate type and width of pavement and the location
of curbs, sidewalks, and shade planting. At intersection, the sight
triangles, radii of curblines and street sign locations shall be clearly
indicated.
m.
Plans and profiles of proposed improvements and utility layouts,
(sanitary sewers, storm sewers, erosion control, stormwater control,
excavation, water mains, gas, telephone, electricity, etc.) showing
feasible connections to any existing or proposed utility systems.
If private utilities are proposed, they shall comply fully with all
Township, county and state regulations. If service will be provided
by an existing utility company, a letter from that company shall be
submitted stating that service will be available before occupancy
of any proposed structures. When on-lot water or sewage disposal is
proposed, the plan for such system shall be approved by the appropriate
Township and state agencies and the results of percolation tests shall
be submitted with the preliminary plat in accordance with the procedures
outlined in Subsection 15-7.2j.
n.
Zoning District(s). If the property lies in more than one zoning
district, the plat shall indicate the zoning district lines.
[Ord. No. 1980-11]
The final plat titled as such shall be submitted in the form
of one mylar, two cloth, and 10 black-on-white paper prints on sheets
of uniform size of one of four standard sizes (namely 30 inches by
42 inches; 24 inches by 36 inches; 15 inches by 21 inches or 8 1/2
inches by 13 inches) provided that when more than one sheet is required,
an index sheet of the same dimensions shall be filed showing the entire
subdivision on one sheet and each separate sheet shall show references
to the adjoining sheets, at a scale of not less than one inch equals
200 feet, and in compliance with the provisions of N.J.S.A. 46:23
et seq. (Map Filing Law), as amended. The final plat shall show the
same information required for preliminary approval in addition to
the following:
a.
Tract boundary lines, street lines, easements and other rights-of-way,
street names, land reserved or dedicated to public use, all lot lines
and other site lines with accurate dimensions, bearing or deflection
angles and radii, arcs and central angles of all curves shall all
be based on an actual survey by a land surveyor licensed to practice
in the State of New Jersey. All dimensions, both linear and angular
of the exterior boundaries of the subdivision shall be balanced and
closed within a limit of error of one to 10,000 and of all lot lines
to within one to 20,000. All dimensions, angles, and bearings, given
on the map must be referred to at least two permanent monuments not
less than 300 feet apart which shall be indicated on the map.
b.
Block and lot numbers in accordance with established standards and
in conformity with the town tax map as approved by the Township Engineer.
c.
Cross section, profiles and established grades of all streets as
approved by the Township Engineer.
d.
Plans and profiles of all storm and sanitary sewers and water mains
as approved by the Township Engineer.
e.
Location and description of all monuments as required under Subsection
15-8.5b with at least one corner of the subdivision ties to U.S.G.S.
benchmark(s) with data on the plat as to how the bearings were determined.
[Ord. No. 1980-11]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each minor and major
subdivision or portion thereof in a manner also conforming with other
ordinances of the Township governing land development.
[Ord. No. 1980-11]
Any minor or major subdivision plat(s) shall demonstrate conformance
to design standards that will encourage good development patterns
within the Township. Where either or both an official map or master
plan has or have been adopted, the subdivision shall conform to the
proposals and conditions shown thereon. The streets, drainage rights-of-way,
school sites, public parks and playgrounds, scenic sites, historic
sites and flood control basins shown on the officially adopted master
plan or official map shall be considered an approval of subdivision
plats. In accordance with good subdivision design practices, extreme
deviations from rectangular lot shapes and straight lot lines shall
not be allowed unless made acceptable to the Board. All improvements
shall be installed and connected with existing facilities, or installed
in required locations to enable future connections with approved systems
or contemplated systems and shall be adequate to handle all present
and probable future development. The materials and methods of construction
for miscellaneous street structures shall be in accordance with Division
5 of the Specifications of the New Jersey State Highway Department.
[Ord. No. 1980-11]
a.
Major and minor subdivision shall be served by paved public streets
within the subdivision with an all weather base and pavement with
an adequate crown. The arrangement of streets not shown on the master
plan or official map shall be such as to provide for the appropriate
extension of existing streets and should conform with the topography
as far as practicable.
b.
When a new subdivision adjoins land capable of being subdivided,
suitable provision shall be made for optimum access of the remaining
and/or adjoining tract to existing or proposed streets.
c.
Local streets shall be so designed as to discourage through traffic.
d.
In all residential zones, all major subdivision bounded by any freeway,
arterial, or collector street, shall control access to said streets
by having all driveways intersect marginal service streets, parallel
streets, or the limited number of intersecting side streets. In addition,
that portion of the subdivision abutting the freeway, arterial or
collector street right-of-way shall be planted with nursery grown
trees to a depth of not more than 25 feet from the right-of-way line
and for the full length of the subdivision so that in a reasonable
period of time a buffer will exist between all development and the
highway. All trees shall be of nursery stock having a caliper of not
less than 2 1/2 inches measured three feet above ground level
and be of an approved species grown under the same climatic conditions
as at the location of the development. They shall be of symmetrical
growth, free of insect pests and disease, suitable for street use,
and durable under the maintenance contemplated. No driveways shall
enter onto freeways. Driveway entrances to arterial or collector streets
shall be prevented as much as possible. Where the size, shape, location
or some other unique circumstance may dictate no other alternative
than to have a driveway enter an arterial or collector street, the
lot shall provide on-site turnaround facilities so it is not necessary
to back any vehicle onto an arterial or collector street.
e.
In all major and minor subdivisions the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the Greenwich Township Street and Road Improvement Ordinance (§ 11-2), but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the Greenwich Township Street and Road Improvement Ordinance (§ 11-2).
f.
No minor or major subdivision showing reserve strips controlling
access to streets or another area, either developed or undeveloped,
shall be approved except where the control and disposal of land comprising
such strips has been given to the Township Committee.
g.
In the event that a minor or major subdivision adjoins or includes existing Township streets that do not conform to widths as shown on either the master plan or official map or the street width requirements of this chapter, additional land along both sides of the street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design. 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 Greenwich permitting the Township to enter upon these lands for the purposes provided for and expressed in the Land Subdivision Ordinance of the Township of Greenwich." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain the facilities in the area dedicated by ordinance and/or as shown on the plat and/or as provided for by any maintenance or performance guarantees. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated. For a major subdivision, that portion of the existing street or road adjoining or included within a subdivision shall be improved, including excavation, grading, gravel base and surfacing, in accordance with the road improvement standards of the Greenwich Township Street and Road Improvement Ordinance (§ 11-2).
[Ord. No. 1980-11]
a.
All streets shall be provided with catch basins and pipes where the
same may be necessary for property 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 subdivision
boundaries and that which originates beyond the subdivision boundaries
and passes through the subdivision calculated on the basis of maximum
potential development as permitted under the zoning ordinance. No
stormwater run-off or natural drainage water shall be so diverted
as to overload existing drainage systems or create flooding or the
need for additional drainage structures on other private properties
or public lands without proper and approved provisions being made
for taking care of these conditions. In all cases, the materials used
in the technique for computing the drainage needs shall be in accordance
with this chapter so that the material and/or technique producing
the most water run-off and greater capacity within the drainage system
shall be used.
1.
The duration of a storm used in computing stormwater runoff shall
be the equivalent of the time required for water falling at the most
remote point of the drainage area to reach the point in the drainage
system under consideration.
2.
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 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.
3.
Catch basins shall be located no further apart than 500 feet or such
shorter distance 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 five-hundred-foot intervals throughout
the system and at pipe junctions where there are no catch basins.
4.
Dished gutters on Township streets shall be permitted only at intersections
involving primary or secondary local streets. Where the intersecting
streets are both primary local, or both secondary local, or one of
each, dished gutters shall be located across one street only and shall
cross the street with the lesser function, but shall not be permitted
across primary and secondary local streets that do not have "stop"
signs. Dished gutters shall not be permitted on collector and arterial
streets.
5.
Storm drain pipes running longitudinally along streets shall not
be located under curbing.
6.
Storm drain pipes shall be reinforced concrete pipe, except where
aluminum culvert pipe is permitted as hereinafter specified, and shall
be of the size specified and laid to the exact lines and grades approved
by the Township Engineer. Reinforced concrete pipe shall conform to
A.S.T.M. Specification C76-61 Class IV. Joints shall be made "as directed
by Municipal Engineer." In locations other than within the right-of-way
of public roads where, because of severe topographic conditions or
the desire to minimize the destruction of trees and vegetations, corrugated
aluminum pipe, pipe arch, or helical corrugated pipe may be used.
The material used shall comply with the Standard Specifications of
Corrugated Aluminum Alloy Culvert Pipe and Pipe Arch AASHO designation
M196-62 or the Standard Specification for Aluminum Alloy Helical Pipe
AASHO designation M-221-65. The minimum thickness of the aluminum
pipe to be used shall be: Less than twenty-four-inch diameter or equivalent,
0.075 inches (14 gauge): twenty-four-inch diameter and less than forty-eight-inch
diameter or equivalent, 0.105 inches (12 gauge); forty-eight-inch
but less than seventy-two-inch diameter or equivalent, 0.135 inches
(10 gauge); and seventy-two-inch diameter or equivalent, and larger,
0.164 inches (8 gauge).
b.
The approval of any map of land delineating streets by the Land Use
Board shall be in no way construed as an acceptance of any street
indicated thereon.
[Amended by Ord. No. 2014-02]
c.
For both major and minor subdivision, blocks and lots shall be graded
to secure property drainage away from all buildings and to prevent
the collection of stormwater in pools.
d.
For both major and minor subdivision, land subject; to periodic or
occasional flooding (flood plain areas based on one-hundred-year flood
levels) shall not be plotted for residential occupancy nor for any
other purpose which may endanger life or property or aggravate the
flood hazard. Such land within a plat shall be considered for open
spaces, yards, or other similar uses.
e.
Where a minor or major subdivision is traversed by a watercourse,
surface or underground drainage or drainage system, channel or stream,
there shall be provided and dedicated a drainage right-of-way easement
to the Township conforming substantially with the lines of such watercourse,
and such further width or construction, or both, as will be adequate
to accommodate expected stormwater runoff in the future based upon
reasonable growth potential in the Township and in addition thereto,
a minimum of 15 feet beyond the bank top on at least one side for
access to the drainage right-of-way and, in any event, meeting any
minimum widths and locations shown on any adopted official map and
master plan. Such easement dedication shall be expressed on the plat
as follows: "Drainage and utility right-of-way easement granted to
the Township of Greenwich for the purposes provided for and expressed
in the Land Subdivision Ordinance of the Township of Greenwich."
[Ord. No. 1980-11]
a.
Street Signs. Street signs shall be metal on metal posts of the type,
design and standard previously installed elsewhere in the Township.
The location of the street signs shall be determined by the Board
but there shall be at least two street signs furnished at each intersection.
All signs shall be installed free of visual obstruction.
b.
Curbs and gutters. Concrete curbs and gutters, on concrete curb,
shall be installed on every street within the development and at intersections
with Township roads, county road and state highways. The standard
curb section to be used shall be not more than 10 feet in length measuring
six inches in width at the top and eight inches in width at the base,
18 inches deep, of Class B concrete and shall be set in accordance
with approved lines and grades. Radial curbs shall be formed in an
arc segment, in a smooth curve. Chord segments are prohibited. Where
integral concrete curb and gutter is used, the bituminous cartway
is reduced in width by four feet with the two feet concrete gutter
on each side making up the four feet reduction.
c.
Shade trees. Shade trees shall be planted where required. All shade
trees shall have a minimum caliper of 1 1/2 inches measured three
feet above the ground and be of a species approved by the Board. Trees
shall be planted between 50 and 60 feet apart and 20 feet from the
curbline. Stripping trees from a lot or filling around trees on a
lot shall not be permitted unless it can be shown that grading or
construction requirements necessitate removal of trees, in which case
those lots shall be replanted with trees to re-establish the tone
of the area and to conform with adjacent lots. Special attention shall
be directed toward the preservation of major trees by professional
means.
d.
Monuments. To be the size and shape required by Section 4 of Chapter
141 of the Laws of 1960, as amended, shall be placed in accordance
with said statute and indicated on the final plat. The top of the
monument shall be flush with the final grade. All lot corners shall
be marked with a metal alloy pin of permanent character.
e.
Water mains, culverts, storm sewers, and sanitary sewers. All such
installations shall be properly connected with an approved system
and shall be adequate to handle all present and probable future development.
The Township may require easements or rights-of-way of sufficient
width along watercourses to permit trunk and feeder sanitary sewers,
storm sewers, and other utility services.
f.
Sidewalks. Sidewalks shall be required along both sides of all newly
constructed streets within the interior of a proposed subdivision
and along one side of the entire frontage of a subdivision on an existing
public street, and shall be constructed in accordance with the following
standards: sidewalks shall be at least five feet in width and four
inches thick, constructed of one course of concrete, except that a
sidewalk forming part of a driveway apron shall be at least six inches
thick at grade with abutting sidewalks and of the same construction
material as the abutting sidewalk and shall be constructed in accordance
with the current prevailing standards of the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction,
dated 1983, as amended. Such construction standards shall include
the following: the subgrade shall be properly prepared and compacted,
if disturbed, or upon an undisturbed suitable subbase, upon which
shall be installed a four inch compacted thickness, 3/4 inch clean
crushed stone base.
g.
Public utilities. All public services shall be connected to an approved
public utilities system, where one exists. For all major subdivisions
the subdivider shall arrange with the servicing utility for the underground
installation of the utilities. Distribution supply lines and service
connections in accordance with the provisions of the applicable Standard
Terms and Conditions incorporated as a part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners, and the subdivider shall provide the Township with
three copies of a final plat showing the installed location of these
utilities. For minor subdivision, service connections shall be made
underground where the supply lines that serve the lands being subdivided
are underground. For major and minor subdivisions, the subdivider
shall submit to the Board, prior to the granting of final approval,
a written instrument for each serving utility, which shall evidence
full compliance or intended full compliance with the provisions of
this paragraph; provided that lots which, in such subdivision(s) abut
existing streets where overhead electric or telephone distribution
supply lines and service connections have heretofore been installed
may be supplied with electric and telephone service from those overhead
lines, but the service connections from the utilities' overhead lines,
shall be installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the subdivision and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground.
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An installation under this subsection to be performed by a servicing utility shall be exempt from the provisions of § 15-6 requiring performance guarantees and inspection and certification by the Township Engineer. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal the apparatus year-round. On any lot where, by reason of soil conditions, rock formations, wooded area, or other special condition of land, the applicant deems it a hardship to comply with the provisions of this subsection, the applicant may apply to the Board for an exception from the terms of this subsection, in accordance with the procedure and provisions of Subsection 15-10.2.
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[Ord. No. 1980-11]
a.
Block length, width and acreage within the block's boundary roads
shall be sufficient to accommodate the size lot required in that zoning
district by the zoning ordinance and to provide for convenient access,
circulation control and traffic safety.
b.
Blocks over 1,000 feet long shall be discouraged, but where they
are used, pedestrian crosswalks between lots may be required in locations
deemed necessary by the Board. Such walkway shall be at least 10 feet
wide and be straight from street to street.
[Ord. No. 1980-11]
a.
Lot dimensions and area shall not be less than the requirements of
the zoning ordinance.
b.
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
c.
Each lot must front upon an approved, paved public street at least
50 feet in width. Through lots with frontage on two streets will be
permitted only under the following conditions:
1.
Where the lot abuts an arterial or collector street;
2.
Where the length of the lot between both streets is of a length that
future division of the lot into two lots is improbable: and
3.
Where access shall be to one street only, which street shall be the
one with the lower traffic function, and the portion of the lot abutting
the other street shall be clearly labeled on the plat, and in any
deed, that street access is prohibited.
d.
Where extra width has either been dedicated or provided for widening
of existing streets, lots shall begin at such new street 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 factors such as poor drainage conditions
or flood conditions, where percolation tests or soil logs show the
ground conditions to be inadequate for proper sewage disposal for
on-lot sewage treatment, rock formations, slopes in excess of 30%,
or similar circumstances, the Board may, after adequate investigation,
withhold approval of such lots. If approval is withheld, the Board
shall give its reasons, notify the applicant within 10 days of the
official action, and enter its action in the minutes and on each denied
lot on the plat.
[Ord. No. 1980-11]
a.
In large-scale developments, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the
companies or Township departments concerned and, to the fullest extent
possible, be centered on or adjacent to rear or side lot lines. Easement
dedication shall be expressed on the plat in accordance with the provisions
of Subsection 15-8.4e.
b.
Natural features, such as trees, brooks, swamps, hilltops and views,
shall be preserved whenever possible in designing any subdivision
containing such features. On individual lots, care shall be taken
to preserve selected trees to enhance the landscape treatment of the
area.
c.
Conservation easements, where the master plan or official map of
the Township delineates flood plains and conservation easements to
protect streams from siltation and adjoining banks from erosion, flood
plans and conservation easements shall be furnished to the Township
by the subdivider. The conservation easement shall include the property
between the drainage easement as established on any adopted official
map and a line approximately parallel to the top of the bank, 25 feet
distant back from it. This conservation easement prohibits the removal
of trees and ground cover 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. The easements shall be indicated
on the preliminary and final plat and shown in such a manner that
the boundaries thereof can be accurately determined. The boundary
line of any easement shall be monumented at its intersection with
all existing or proposed street lines. Such easement dedication shall
be expressed on the plat as follows: "Conservation easement granted
to the Township of Greenwich for the purposes provided for and expressed
in the Land Subdivision Ordinance of the Township of Greenwich."
d.
Where natural streams, ponds, or pond sites exist, or are proposed
on lands to be subdivided, where feasible, facilities shall be provided
to draft water for Township firefighting purposes that are usable
all seasons of the year. This shall include access to a public street
suitable for access by firefighting equipment, and construction of
or improvements to ponds, dams, or similar on-site developments where
feasible. Such facilities shall be constructed to the satisfaction
of the Township Engineer and in accordance with fire insurance rating
organization standards.
e.
Erosion, Stormwater Control, and Excavation. Excavation of soil,
other than required for the construction of approved structures and
supporting facilities such as but not limited to streets, driveways
and parking areas, shall be prohibited. Regrading for property so
as to redistribute topsoil throughout the site from areas excavated
for such approved structures and supporting facilities shall be permitted,
but shall be done in the following manner to minimize or eliminate
the erosion of soil:
1.
The fertility of the soil shall be preserved.
2.
Lateral support and grades of abutting lands, structures and other
improvements shall be maintained.
3.
Pits and declivities which are hazardous or can provide insect breeding
locations shall be prevented.
4.
The physical limitations and characteristics of the soil shall not
be altered to prevent the use for which the land may be lawfully put.
5.
Drainage, dust and mud on the premises in question as well as on
abutting lands shall be controlled.
6.
Soil erosion by wind and water shall be controlled.
7.
Soil that does erode due to water shall be directed through a desedimentation
basin for collection and later redistributed throughout the site.
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Each tract shall have a soil erosion prevention plan to accompany
the preliminary plat which shall show temporary sedimentation basin(s)
through which stormwaters will be directed during periods of construction.
The plan shall show existing contours, temporary contours, temporary
ditching, and final contours. In addition the plan shall outline general
construction stages to illustrate what portion(s) of the site will
be unprotected at various stages, the maximum amount of land to be
exposed at various stages, the availability and use of water trucks
to prevent dust and erosion by wind, areas where topsoil will be stockpiled
during construction period(s), the areas where it will be redistributed
after completion of the applicable stage of construction, the methods
of seeding the topsoil while it is stockpiled and again after its
redistribution, and a plan of progressing toward completion of the
entire project that shall outline how and at what stages and approximate
times the previously exposed areas will be final graded and seeded
or paved, or by some other means have the soil stabilized, prior to
completion of the entire project so the permanent soil erosion prevention
methods will be employed at the earliest possible time.
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Tracts where permanent stormwater detention basins are either
proposed or required shall be constructed in the following manner
(more than one facility may be constructed): Each detention pool shall
contain a primary water depth with a capacity to accept all the surface
water directed to it from a four inch rain in 24 hours. Vertical holes
filled with course rock shall be provided within the detention pools)
to assist water percolation into the soil for the detained water at
the primary water level. Each detention pool shall be designed for
a secondary water depth which shall provide for water to be drained
off through outlets. The secondary water depth shall, together with
the primary water depth capacity, accept all the surface waters directed
to it from a five inch rain in 24 hours. Each detention pool shall
also have a tertiary water depth which will allow water levels in
excess of the secondary water depth capacity to drain out one or both
ends along the surface of a spillway to a natural drainage course.
The rate of discharge shall not exceed the rate and volume at which
stormwater left the property when the property was in its natural
state. The tertiary water depth capacity shall, together with the
primary and secondary water depth capacities, accept all the surface
water directed to it from a six-inch rain in 24 hours.
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Impoundment/detention basins along any stream that maintains
a steady flow of water throughout the year may be constructed provided
any improvements designed to provide such impoundment/detention facilities
shall be designed to meet the standards of, and have the approval
of, the New Jersey Department of Environmental Protection and shall
have the proper amount of sustained water flow downstream, proper
water depth to control vegetation, and the proper design to prevent
water stagnation in any part of the pond.
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f.
Water supply. Where water is accessible from a servicing utility,
the subdivider shall arrange for the construction of water mains in
such a manner as to make adequate water service available to each
lot or dwelling unit within the subdivision or development. The entire
system shall be designed in accordance with the requirements and standards
of the Township, county and/or state agency having approval authority
and shall be subject to their approval. The system shall also be designed
with adequate capacity and sustained pressure.
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Where public water is not available, water shall be provided
by the lot owner on an individual well basis. Such wells shall be
designed in accordance with the requirements and standards of the
Township and/or state agency having jurisdiction.
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g.
Sanitary sewers and septic systems.
1.
If a sewage treatment and distribution system is accessible, the
subdivider shall construct facilities in such a manner as to provide
adequate sewerage within the subdivision to transport all sewage from
each lot and the total development to the treatment, and distribution
system. Where a treatment and distribution system is part of the adopted
Township capital improvements program and said system will be accessible
to the proposed subdivision, the subdivider shall install dry sewers
designed to tie into the proposed Township facility upon its completion.
2.
Any treatment plant and collection system, including individual on-lot
septic systems, shall be designed in accordance with the requirements
of the State Department of Environmental Protection and Township ordinances.
[Ord. No. 1980-11]
Pursuant to the provisions of N.J.S.A. 40:55D-39, and N.J.S.A.
40:55D-42, construction of or contributions for reasonable and necessary
off-tract water, sewer, drainage and street improvements may be required
as a condition for approval of any subdivision or site plan review
application in accordance with the following criteria:
a.
Improvements to be constructed at the sole expense of the applicant:
1.
In cases where a reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owners receive a special benefit
thereby, the Land Use Board may require the applicant, as a condition
of subdivision or site plan approval and at the applicant's sole expense,
to provide for and construct such improvements as if such were on-tract
improvements in the manner provided hereafter and as otherwise provided
by law.
[Amended by Ord. No. 2014-02]
b.
Contributions by developer toward required off-tract improvements.
[Amended by Ord. No. 2014-02]
1.
In cases where the need for any off-tract improvement is necessitated
by the proposed development application and where the Land Use Board
determines that properties outside the development will also be benefited
by the improvements, such determination shall be made by the Land
Use Board in writing. Said resolution or determination of the Land
Use Board shall specify the off-tract improvements which are necessary
and the terms and conditions which shall be imposed upon the applicant
to ensure the successful and reasonable implementation of same. In
its deliberation as to whether off-tract improvements are required,
the Land Use Board shall be guided by the rules and regulations specified
in this chapter and the Township Master Plan. The Land Use Board may
also be guided by counsel from the Land Use Board Attorney, Engineer,
any other consultants and other qualified experts and municipal officials
relative to the subject matter.
2.
In the event that the Land Use Board determines that one or more
improvements constitute an off-tract improvement, the Land Use Board
shall notify the Township Committee of same, specifying the Board's
recommendation relative to the estimated cost of same, the applicant's
prorated share of the cost and possible methods or means to implement
same, including, but not limited to, performance and maintenance guaranties,
cash contributions, development agreements and other forms of surety.
3.
The Land Use Board shall not grant final approval of the subdivision
or site plan until all aspects of such conditions have been mutually
agreed upon by both the applicant and the Township Committee of the
Township of Greenwich and a written resolution to that effect by the
Township Committee has been transmitted to the Land Use Board.
c.
Methods of implementation.
1.
Performance and Maintenance Guaranties. Where a performance or maintenance
guaranty or other surety is required in connection with an off-tract
improvement, the applicant shall be required to follow the same procedures
and requirements as specified in this chapter for other improvements.
2.
Development Agreement. Where a development agreement is required
governing off-tract improvements or other conditions as may be required
by this chapter or by the Land Use Board, said agreement shall be
approved as to form, sufficiency and execution by the Land Use Board
Attorney and Township Attorney. Said agreement shall specify the amount
of cash contributions, if any, the method of payment of same, the
relative timing of such payment and the obligation or obligations
to be undertaken by the Township of Greenwich.
[Amended by Ord. No. 2014-02]
3.
Cash contributions, when not required. Cash contributions for off-tract
improvements shall not be required under the following conditions:
(a)
Where another county or state agency has jurisdiction over the
subject improvement and requires a cash contribution, guaranty or
other surety of the applicant in lieu of such conditions imposed by
the Township of Greenwich.
(b)
Where a benefit assessment or other similar tax levy is imposed
upon the applicant for the off-site improvement provided.
(c)
Where the applicant, where legally permissible, can undertake
the improvements in lieu of the municipality, subject to standards
and other conditions as may be imposed by the Township of Greenwich.
4.
Cash Contributions; Method of Payment. Where a cash contribution
is required by this chapter, said contributions shall be deposited
with the Treasurer of the Township of Greenwich with a copy of the
applicant's transmittal letter forwarded to the Township Committee,
the Township Engineer and Land Use Board. Any and all monies received
by the Treasurer shall be deposited in an escrow account for the purpose
of undertaking the improvements specified. Where such improvements
are not undertaken or initiated for a period of 10 years, the funds
may be retained by the Township of Greenwich and may be used for general
municipal purposes, but in such event, neither the applicant nor any
of his heirs, executors, administrators, assigns or grantees shall
be liable to the Township of Greenwich for any assessment for the
purpose of installing any of the improvements for which said cash
contribution was previously made.
[Amended by Ord. No. 2014-02]
d.
Pro rata formula for determining applicant's share of off-tract improvements.
Where an off-tract improvement is required, the following criteria
shall be utilized in determining the proportionate or pro rata share
of such improvement to the applicant:
1.
For street widening, alignment, corrections, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements not covered elsewhere
and the construction of new streets and other similar street or traffic
improvements, the applicant's proportionate share shall be in the
ratio of the estimated peak hour traffic generated by the proposed
property or properties to the sum of the present deficiency in peak
hour traffic generated by the proposed development. The ratio thus
calculated shall be increased by 10% for contingencies.
2.
For water distribution facilities, including the installation of
new water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith, the applicant's proportionate cost shall be in the ratio
of the estimated daily flow in gallons to the sum of the present deficient
capacity for the existing system or subsystem and the estimated daily
flow from the proposed project or development. In the case where the
peak flow for the proposed development may occur during the peak flow
period of the existing system, the ratio shall be the estimated peak
flow rate from the proposed development in gallons per minute to the
sum of the present peak flow deficiency in the existing system or
subsystem and the estimated peak flow rate from the proposed development.
The greater of the two ratios thus calculated shall be increased by
10% for contingencies and shall be the ratio used to determine the
cost to the applicant.
3.
For stormwater and drainage improvements, including installation,
relocation or replacement of transmission lines, culverts, catch basins
and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportional cost shall be in
the ratio of the estimated peak surface runoff as proposed to be delivered.
The ratio thus calculated shall be increased by 10% for contingencies.
The applicant's engineer shall compute the drainage basin area and
the area of the development and the percent of the total drainage
basin area occupied by the development. Where no drainage system exists
which will receive the flow of surface water from the applicant's
development, the applicant shall furnish all drainage rights-of-way
deemed to be necessary by the Land Use Board.
[Amended by Ord. No. 2014-02]
4.
General considerations. In calculating the proportionate or pro rata
amount of the cost of any required off-tract facilities which shall
be borne by the applicant, the Land Use Board shall also determine
the pro rata amount of cost to be borne by other owners of lands which
will be benefited by the proposed improvements.
[Amended by Ord. No. 2014-02]
[Ord. No. 1980-11]
a.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision on
which, by ordinance, the Board is required to act, such person shall
be subject to a penalty not to exceed $1,000 and each lot disposition
so made may be deemed a separate violation.
b.
In addition to the foregoing, the municipality may institute and
maintain a civil action.
c.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land, from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors, to secure the return of any deposits made or purchase
price paid, and also, a reasonable search fee, survey expense and
title closing expense, if any. Any such action must be brought within
two years after the date of the recording of the instrument of transfer,
sale or conveyance of the land or within seven years, if unrecorded.
[Ord. No. 1980-11; amended
by Ord. No. 2014-02]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Township and shall be administered
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
and the Township Land Use Procedures Ordinance. Any action taken by
the Land Use Board and the Township Committee under the terms of this
chapter shall give primary consideration to the above mentioned matters
and to the welfare of the entire community. However, no additional
right-of-way or improvements will be required for subdivision with
minor adjustments in boundaries between two existing lots which do
not result in the creation of any new lots. Also, if the subdivider
or his agent can clearly demonstrate that, because of peculiar conditions
pertaining to the land in question, the lateral enforcement of one
or more of these regulations is impracticable or will exact undue
hardship, the Board may permit such exception or exceptions as may
be reasonable and within the general purpose and intent of the rules
and regulations and standards established by this chapter.
[Ord. No. 1980-11; amended
by Ord. No. 2014-02]
Division of land that shall not be considered a subdivision
as defined in this chapter shall be exempt from compliance with the
requirements of this chapter only after affirmative action by the
Land Use Board favorably recommending an exemption to the Township
Committee and thereafter being confirmed by the Township Committee.
Such action shall be taken following submission of documentation to
the Board showing the division of land for agricultural purposes as
defined by this chapter and resulting parcels three acres or larger
in size: divisions by testamentary or intestate provision; or division
of property by court order, as the case may be. Until exemption from
the subdivision ordinance by the Land Use Board and Township Committee
no persons can transfer, sell, or agree to sell, as owner or agent,
any land which forms a part of a division of land as a result of being
classified in one or more of the above categories. Violation of this
provision shall subject the person to the penalties as set forth in
this chapter.
[Ord. No. 1981-8]
All fees required for land subdivision shall be in accordance with the fee schedule established by Chapter 17 of the Revised General Ordinances of the Township of Greenwich.
