The purpose of this article is to provide for the regulation
of land subdivision in the Township and to establish rules, regulations
and standards governing such land subdivision in order to promote
the public health, safety, convenience and general welfare of the
Township. It shall be administered to ensure orderly growth and development,
conservation, protection and proper use of land and adequate provision
for circulation, utilities and service.
For the purposes of this article, the following terms shall
have the following meanings:
Any public or private way open to public vehicular use less
than 21 feet in width.
A short dead-end street not over 600 feet in length with
a turnaround at the end.
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes.
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with this chapter and which, if approved, shall be filed with the proper county recording officer, except in the case of minor subdivisions as set forth in § 109-52.
Any subdivision not classified as a minor subdivision.
Any subdivision of a tract or parcel of land which does not
involve the creation of more than two lots fronting on a public street,
planned development, any new street or the extension of any off-tract
improvement.
The map of a subdivision.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway; or a street or way shown upon a plat heretofore approved
pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.);
or a street or way on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats. "Street"
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.
Any person commencing proceedings under this chapter to effect
a subdivision of land hereunder.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions 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 Planning Board or Subdivision Committee thereof
appointed by the Chair to be for agricultural purposes where all resulting
parcels are five acres or larger in size; divisions of property by
testamentary or intestate provisions; divisions of property upon court
order; and conveyances so as to combine existing lots by deed or other
instrument. The term "subdivision" shall also include the term "resubdivision."
All subdivisions of land within the Township are hereby required
to be effected subject to regulation under this chapter. No plat of
any such subdivision shall be filed by any person with the County
Recording Officer as purporting to be in compliance with this chapter
and with Section 28 of the Municipal Land Use Law (N.J.S.A. 40:55D-37)
unless and until the same shall be approved by the Planning Board
and such approval, signed by the Secretary of the Planning Board,
shall have been endorsed on such plat.
A.
Subdivision plats shall conform to design standards that will encourage
good development patterns within the Township. The streets, drainage
rights-of-way, school sites, public parks and playgrounds shown on
the Master Plan or Official Map shall be shown on the final plat and
shall be such as to lend themselves to the harmonious development
of the Township and enhancement of the public welfare in accordance
with the design standards set forth in this chapter. The Planning
Board shall further require that all lots shown on the plats be adaptable
for the intended purposes without danger to health or peril from flood,
fire, erosion or other menace.
B.
When the Planning Board has adopted portions of a Master Plan with
proposals regarding the street system within a proposed subdivision,
the Board may require that the streets shown conform in design and
in width to the proposals shown on the Master Plan. In acting upon
plats, the Planning Board shall require, among other conditions in
the public interest, that the tract shall be adequately drained; that
the streets shall be of sufficient width and suitable grade and suitably
located to accommodate the prospective traffic and to provide access
for firefighting equipment to buildings; and that the streets shall
be coordinated so as to compose a convenient system, conforming to
the Official Map or, if there is no Official Map, relating properly
to the existing street system. No street of a width greater than 50
feet within the right-of-way lines may be required unless said street
already has been shown at the greater width on the Master Plan or
the Official Map.
C.
The Planning Board or Subdivision Committee may disapprove an application
for the subdivision of land on which there exists a principal building
if the application proposes to create a lot or lots on which a building,
if erected, could disturb the uninterrupted frontage of the existing
building to the street on which said lot or lots are proposed to front.
A.
Streets and sidewalks.
(1)
Applicability of residential site improvement standards.
(a)
The New Jersey Administrative Code, Title 5, Chapter 21, provides
for "New Jersey Residential Site Improvement Standards" (RSIS standards)
as promulgated by the Commissioner of the Department of Community
Affairs pursuant to the authority of P.L. 1993, c. 32 (N.J.S.A. 40:55D-40.1
et seq.). These rules govern any site improvements carried out or
intended to be carried out or required to be carried out in connection
with any application for residential subdivision, site plan approval,
or variance before the Planning Board created pursuant to the Municipal
Land Use Law (MLUL) (N.J.S.A. 40:55D-1 et seq.) or in connection with
any other residential development approval required or issued by any
municipality or agency or instrumentality thereof.
(b)
Except as otherwise specifically provided, the RSIS standards
govern all matters concerning the construction, alteration, addition,
repair, removal, demolition, maintenance, and use of any site improvements
constructed by a developer in connection with residential development.
(c)
The RSIS standards apply to all site improvement work and appurtenant
construction, including streets, roads, parking facilities, sidewalks,
drainage structures and utilities, which is undertaken by a developer
with a residential development or use.
(d)
Although the provisions of this chapter have been arranged to
avoid conflict with the RSIS standards wherever possible, any existing
conflicts or conflicts created by changes in the RSIS standards shall
be governed by the appropriate RSIS standard unless the specific requirements
of this Code are one of the alternates in the RSIS standards where
alternatives are available or are relating to a standard or requirement
outside the scope of the RSIS standards.
(2)
All residential streets, other than main arteries and thoroughfares,
shall be designed so as to:
(a)
Provide for the continuation of the principal streets in the
adjoining subdivisions where reasonably required for harmonious development.
(b)
Discourage other than local traffic.
(c)
Provide for the proper projection when adjoining property is
not subdivided, subject to any required access control strip where
reasonably required for harmonious development.
(d)
Provide adequate separation by way of street design from other
developments where such is reasonably required to avoid undue traffic
on local residential streets.
(e)
Provide a marginal access road or reverse frontage with a buffer
strip for planting or some other means of separation where the subdivision
abuts thoroughfares where such marginal access road or reverse frontage
is reasonably required to avoid interference with the flow of traffic
on the thoroughfare or to preserve the value of property abutting
on such thoroughfare.
(f)
Give adequate recognition to existing topography.
(g)
Be not only conducive to the proper development of the immediate
subdivision but also in a manner which will not adversely affect the
neighborhood.
(3)
Street widths in residential areas shall be a minimum of 50 feet.
The Board may require greater street widths to assure the free flow
of traffic where such widths are shown on the Master Plan or the Official
Map. Subdivisions which adjoin or include existing streets not conforming
to width requirements of this chapter may be required to dedicate
lands along either one or both sides of said road for widening. If
the subdivision is along one side only, 1/2 of the required extra
width may be required to be dedicated.
(4)
Street grades.
(a)
Grades for main traffic arteries shall not exceed six feet in
100 feet.
(b)
Grades for all streets other than main traffic arteries shall
not exceed 10 feet in 100 feet.
(c)
No street shall have a grade of less than one foot in 100 feet.
(d)
A vertical curve shall be provided at each change of grade.
Vertical curves shall have a length sufficient to enable a driver
with eye at 4 1/2 feet above the street surface to observe a
four-inch-high object in the same lane at a distance of not less than
150 feet, but in no case shall the length of a vertical curve be less
than 100 feet.
(5)
Culs-de-sac.
(a)
The maximum length of a cul-de-sac shall be 600 feet, unless
topography or lack of other means for providing access to an area
would necessitate greater lengths. Culs-de-sac over 600 feet shall
conform to requirements for other residential streets.
(b)
There shall be a turnaround roadway with a minimum outside radius
of 48 feet at the closed end, and additional space subject to the
approval of the Township Engineer shall be provided outside the roadway
for the removal of snow.
(c)
If in a development a street which is planned for extension
in a future development is temporarily dead-ended, a temporary turnaround
of a minimum outside radius of 48 feet shall be provided at each dead
end. In such case, an easement shall be granted to the Township for
the maintenance thereof until such street is extended and another
turnaround or other means of circulation of traffic is provided.
(6)
Access. The subdivision of the land shall be such as to provide each
lot, by means of either a public street or a way of permanent easement,
with satisfactory access to an existing public street or one which
is to be constructed at the same time as the street or way shown on
such subdivision.
(7)
Sidewalks. Sidewalks shall be required in all subdivisions. Sidewalks
shall be four feet wide. The Planning Board, however, may determine
that there should be sidewalks on only one side of the street or that
no sidewalks should be provided if it finds that one of the following
conditions exists and if it further finds that the public safety will
not be adversely affected thereby:
(a)
The new street shown on the subdivision plat is an extension
of an existing street where there is a sidewalk on only one side or
there is no sidewalk, as the case may be.
(b)
There are other subdivisions in the neighborhood where there
are sidewalks on only one side of the street or no sidewalks, and
it would be unreasonable to require a sidewalk on more than one side
of the street or any sidewalk.
(c)
The open or rural character of the subdivision development would
be best preserved by a sidewalk on only one side of the street or
by no sidewalk.
(8)
Trees.
(a)
Provision shall be made for the planting of shade trees of such
type and size and at such reasonable intervals as shall be approved
by the Planning Board. Shade trees shall be located on the property
line and shall not be planted closer than 25 feet to an existing or
proposed street intersection.
(b)
Existing trees near street rights-of-way and within the property
shall be preserved by the subdivider where practical.
(c)
Shade trees will not be required if the Board finds that the
trees already existing on the property to be subdivided, and which
will not be required to be destroyed by the subdivision, will provide
sufficient foliage and that the resulting informal arrangement of
trees in the subdivision will be at least equally desirable. In any
such instance, the Board may require the planting of such shrubs as
it may designate in lieu of such street border trees.
(9)
Street names. No street names shall be used which will duplicate
or be confusing phonetically with the names of existing streets in
the Township. A new street which is an extension of or generally in
alignment with an existing street shall bear the name of the existing
street.
(10)
Signs. Street signs shall be installed at all street intersections
and shall be in character with and similar to the standard street
signs in the immediate area.
(11)
Utilities. Where practical on all new streets and on the extension
of existing streets, utility mains shall be placed underground and
in rights-of-way on the sides of the roadway. Water and storm sewer
installations shall be placed on one side and gas and sanitary sewer
on the other side to simplify location and repair of the lines if
they require attention.
B.
Utilities.
(1)
The developer shall provide for the disposal of sanitary sewage and
stormwater and for the installation of such other utilities as may
be necessary.
(2)
The developer shall install underground service connections before
the street is paved and shall provide extensions to the lot line.
(3)
The Board may require easements not exceeding 12 feet in width at
the rear lot lines and, additionally, an access easement not exceeding
12 feet in width, unless other access for utilities to the rear lot
lines is provided, for poles, wires, conduits, storm and sanitary
sewers, gas, water or other utilities. Easements of the same or greater
width may be required along the lines of or across lots wherever necessary
for the extension of existing or proposed utilities.
(4)
All installations of storm drains and sanitary sewers shall be connected
with an approved system, shall be adequate for all present and probable
future development and shall be made according to the requirements
of the Township.
(5)
All residential lots shall be connected to the sanitary sewer system.
Wherever it is impossible to provide or connect to a sanitary sewer
system, the Board may approve an individual sewage disposal system
which conforms to all requirements of the Health Code and the Building
Code of the Township. In such cases, the subdivision plat shall show
the proposed location of the individual sanitary sewage disposal units
and system and shall be accompanied by plans for such units and system
and by a certified copy of percolation tests which have been made
at such proposed locations. No subdivision, or part thereof, shall
be approved where results of said percolation tests do not meet with
the established requirements of this chapter or other applicable ordinances
or regulations, nor shall any subdivision, or part thereof, be approved
where other physical characteristics of the land would cause septic
conditions unhealthful to the public or which are contrary to the
requirements of this chapter or other applicable ordinances or regulations.
Any remedy proposed to overcome such situations or conditions shall
first be approved by the Health Department of the Township. Nothing
in this section shall be deemed to prohibit or to prevent the Board
from requiring the installation of sanitary sewer mains and service
connections in cases where it approved an individual sewage disposal
system.
(6)
The developer shall be responsible for the installation of water
mains and fire hydrants necessary to service the development.
(7)
The developer shall be responsible for the installation of appropriate
streetlighting.
Unless specifically waived by the Planning Board, the information
which is to be submitted for a preliminary site plan is as follows:
A.
Plats shall be clearly and legibly drawn or reproduced on tracing
cloth at a scale of not less than one inch equals 30 feet, on sheets
no larger than two feet by three feet. All levels shall be based on
North American data. Benchmarks for levels shall be noted on the plat.
All plats shall be designed and drawn by a licensed New Jersey land
surveyor, provided that, where improvements to the land other than
monuments are to be installed, such improvements shall be designed
by a licensed New Jersey engineer.
B.
Plats shall be designed in compliance with the design and improvement
standards of this article and with all the provisions of P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.), as supplemented and amended.
C.
Subdivision plats shall show and/or be accompanied by the following
information:
(1)
A key map showing the entire property, whether all or part only is
to be immediately subdivided, and showing its relation to surrounding
areas.
(2)
The tract name, block and lot numbers, date, reference meridian,
graphic scale and the names and addresses of the record owner or owners,
the developer and the person who prepared the map.
(3)
Acreage of the tract to be subdivided to the nearest tenth of an
acre.
(4)
The location within the subdivision of existing property lines, tract
boundary lines, streets, buildings, watercourses, railroads, bridges,
culverts, drainpipes, easements and any natural features, such as
wooded areas and rock formations and also existing trees with a diameter
of over eight inches, except that this requirement may be waived where
there are groups of such trees which are not to be disturbed.
(5)
The location of proposed streets, easements and other rights-of-way,
land to be reserved or dedicated to public use, all lot lines and
other site lines, with accurate dimensions, bearings, radii, arcs
and central angle of curves.
(6)
The purpose of any easement or land reserved or dedicated to public
use designated and the proposed use of sites other than residential
noted.
(7)
Each block shall be numbered, and the lots within each block shall
be numbered consecutively.
(8)
Minimum building setback line on all lots.
(9)
Dimensions from all structures to the lot lines so that the side
yards, rear yard and front yard are shown.
(10)
Location and description of all monuments.
(11)
Names of owners of adjoining land, as shown by the Tax Maps.
(12)
Certification by the engineer or surveyor as to accuracy of
details of plat.
(13)
Certification that the applicant is the owner of the land. Where
the application is made through an agent of the owner, his or her
authority must be in writing, signed by the owner and authenticated
in a manner satisfactory to the Planning Board.
(14)
When deemed necessary by the Planning Board or the Board of
Adjustment, contours at vertical intervals of not more than five feet
where the slope is greater than 10% and not more than two feet where
the slope is less than 10%. Elevations shall be marked on such contours
based on North American data.
(15)
Plans, profiles and cross sections of all proposed streets within
the subdivision and profiles of existing or future continuing streets
a minimum distance of 200 feet beyond the subdivision boundaries.
(16)
Plans of proposed utility layouts (water, gas and electricity)
showing feasible connections to an existing or any proposed utility
system.
(17)
Plans and profiles of all proposed and existing sanitary sewers,
storm drains, drainage ditches and streams within the subdivision,
together with the locations, sizes, elevations, grades and capacities
of any existing sanitary sewer, storm drain, drainage ditch or stream
to which the proposed facility is to be connected. When storm drains,
drainage ditches or brook channel improvements are proposed or required,
the plan for such improvement must be approved by the State Water
Policy Commission if said improvement is of sufficient size to so
warrant.
(18)
Location and results of percolation tests where a public sewage
disposal system is not available.
(19)
Plans for an individual sewage disposal system where same is
proposed.
(20)
Where the development of the subdivision or improvements within
the subdivision are contingent upon information outside the boundaries
of such subdivision, such information shall be supplied by the subdivider.
(21)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
(22)
Location and types of other improvements required to be installed
by this article.
(23)
In any subdivision where the average slope of any proposed lot
exceeds 10%, hypothetical site plans for each lot in the proposed
subdivision showing the expected location of structures, paved surfaces,
regraded areas and other areas of land disturbance. Such plans shall
show drainage swales, seepage pits, retention and detention basins
or other devices needed to control storm- and groundwater runoff.
"Average slope" shall be defined as the difference between the highest
and lowest ground elevation on opposite sides or boundaries of a proposed
lot divided by the minimum horizontal distance between such high and
low points.
(24)
Streetscape elevations of proposed buildings and buildings immediately
adjacent to proposed buildings to show new construction within the
context of the surrounding built environment.
A.
The Board may impose conditions of preliminary subdivision approval,
which shall be expressed in its resolution. Final subdivision plan
approval shall not be granted unless all the conditions of preliminary
site plan approval have been met or the developer has posted performance
and maintenance guarantees as required. The Board may require the
developer to enter into a developer's agreement with the Township;
however, if the Township fails to enter into such a developer's
agreement with the developer, the developer shall nonetheless be required
to post performance and maintenance guarantees, in such form and amounts
pursuant to the Municipal Land Use Law, for such improvements as may
be reasonably required prior to receipt of final approval.
B.
The granting of preliminary subdivision approval shall entitle the
developer to those rights as inure to the developer pursuant to the
Municipal Land Use Law.
C.
Developers may seek the extension of a preliminary subdivision approval
pursuant to the Municipal Land Use Law. No extension may be granted
by the Planning Board unless the applicant has attached to his request
for an extension the following:
A developer shall be entitled to final major subdivision plan
approval upon the satisfactory completion of all required site improvements
and satisfaction of conditions of the preliminary approval, or upon
the posting of performance and maintenance guarantee, in such form
and amounts pursuant to the Municipal Land Use Law, for all reasonably
necessary improvements as determined by the Township's Engineer's
estimate.
Developers may seek the extension of a final subdivision approval
pursuant to the Municipal Land Use Law. No extension may be granted
by the Planning Board unless the applicant has attached to his request
for an extension the following:
A.
A written certification from the Tax Collector that all real estate
taxes have been paid;
B.
A written certification from the Township Clerk or Chief Financial
Officer that all fees on the current and former applications as well
as all escrow deposits have been paid and deposited; and
C.
A fully executed copy of posted bonds continuing in effect or a developer's
agreement with the Township with evidence of compliance with its terms.
The granting of final site plan approval shall entitle the developer
to those rights as inure to the developer pursuant to the Municipal
Land Use Law. For major subdivisions, final approval shall expire
95 days from the signing of the plat unless, within such period, the
plat shall have been duly filed by the developer with the County Recording
Officer. The Planning Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of signing of the plat. The plat filed shall have been
signed by the Chair and Secretary of the Planning Board. The developer
shall notify the Planning Board of such filing by affidavit within
the required time period.
Upon approval of a plat or, in the case of a minor subdivision,
a deed, a print or copy shall be filed by the Planning Board with
the Municipal Clerk, Township Engineer, Township Building Inspector
and Township Tax Assessor.
A.
Application completion requirements. An applicant for a minor subdivision
shall submit with that application a survey prepared by a licensed
land surveyor, with the following information:
(1)
A key map showing the entire property, whether all or part only is
to be immediately subdivided, and showing its relation to surrounding
areas.
(2)
The tract name, block and lot numbers, date, reference meridian,
graphic scale and the names and addresses of the record owner or owners,
the developer and the person who prepared the map.
(3)
Acreage of the tract to be subdivided to the nearest tenth of an
acre.
(4)
The location within the subdivision of existing property lines, tract
boundary lines, streets, buildings, watercourses, railroads, bridges,
culverts, drainpipes, easements and any natural features, such as
wooded areas and rock formations and also existing trees with a diameter
of over eight inches, except that this requirement may be waived where
there are groups of such trees which are not to be disturbed.
(5)
The purpose of any easement or land reserved or dedicated to public
use designated and the proposed use of sites other than residential
noted.
(6)
Minimum building setback line on all lots.
(7)
Dimensions from all structures to the lot lines so that the side
yards, rear yard and front yard are shown.
(8)
Names of owners of adjoining land, as shown by the Tax Maps.
(9)
Certification that the applicant is the owner of the land. Where
the application is made through an agent of the owner, his or her
authority must be in writing, signed by the owner and authenticated
in a manner satisfactory to the Planning Board.
(10)
Location and results of percolation tests where a public sewage
disposal system is not available.
(11)
Plans for an individual sewage disposal system where same is
proposed.
(12)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
(13)
Location and types of other improvements required to be installed
by this article.
B.
Perfecting. A minor subdivision can be perfected by the filing of
a plat certified by a licensed engineer or land surveyor of New Jersey,
conforming to the requirements of P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9
et seq.), as supplemented and amended, and the Municipal Land Use
Law, or by minor subdivision deeds.
