Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
This chapter shall be known and may be cited as the "Pequannock Township Land Subdivision Ordinance."
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Township of Pequannock in order to promote the public health, safety, convenience and general welfare of the Township and the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
The provisions of this chapter shall be administered by the Planning Board of the Township of Pequannock in accordance with N.J.S.A. 40:55D-1 et seq., except that this chapter shall be administered by the Zoning Board of Adjustment in a case where an application before the Board of Adjustment for a use variance shall also involve a subdivision as provided under this chapter.
Unless otherwise specifically provided, the following words and terms shall be construed and defined as hereinafter set forth:
ADMINISTRATIVE OFFICER
The Township Zoning Officer, for the purposes of administering this chapter.
ALLEY
A street, either private or Township-owned, with a right-of-way not exceeding 30 feet in width and used primarily for vehicular service to properties fronting on local, secondary or major streets, either public or private.
APPLICANT
An individual, firm, association, subdivider, syndicate, corporation, partnership, trust, estate or other legal entity applying for a subdivision.
APPLICATION
The completed application form and all accompanying documents required by ordinance for approval of a subdivision plat in accordance with this chapter. The Administrative Officer, acting under the authority and direction of the appropriate Board, shall have a period of 45 days from the date of submission of the application forms and all accompanying documents to determine whether the application is complete. The time periods permitted for the Board to act determines the application to be complete.
APPROVED FORMS
Forms required and supplied by the Planning Board to be submitted with an application for each subdivision.
BLOCK
The area bounded by local, secondary or major streets, municipal boundaries, rivers, railroads or other man-made or natural features, sufficiently large enough to accommodate a lot or lots of the minimum size required in the Zoning Ordinance[1] and as further defined in this chapter.
BOARD
The Planning Board of Pequannock Township.
CIRCULATION
The provision for the movement of goods, people, water and sewage or power by means of streets, highways, railways, waterways, airways, pipes, conduits or other means, and including facilities for transportation, transit and communication.
CLERK
The person designated as the Municipal Clerk in accordance with the laws of the Township of Pequannock.
COMPLETE APPLICATION
An application form, completed as specified by ordinance and the rules and regulations of the Board, and all accompanying documents required by ordinance for approval of the application for development, including but not limited to the subdivision plat.
CUL-DE-SAC
A street used primarily for ingress and egress to abutting properties whose entrance and exit is the same.
DEVELOPER
An applicant commencing or continuing improvements under this chapter or installing any improvements in accordance with the provisions of this chapter.
DRAINAGE RIGHT-OF-WAY
The land required for the installation of stormwater sewers or drainage ditches or those lands required along natural stream or watercourse for preserving the channel and providing for the flow of water therein.
ENGINEER
A licensed professional engineer of the State of New Jersey designated by the Manger as the "Township Engineer."
EXHIBITS
Any letters, documents, reports, deeds, easements, findings, affidavits, etc., required for submission of an application for approval.
FINAL APPROVAL
The official action of the Board on a plat meeting all the requirements, conditions and engineering considerations required by this chapter and the Board. A plat that receives "final approval" shall have been prepared by a licensed professional engineer and a land surveyor in compliance with all provisions of Chapter 141 of the Laws of 1960[2] and is the map which the applicant must file with the appropriate county officials within 90 days after "final approval" is granted.
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Board for final approval in accordance with all provisions of Chapter 141 of the Laws of 1960* and this chapter, and which, if approved, shall be filed with the proper county recording officer.
IMPROVEMENT PLAN
A map submitted with the preliminary plat, showing lot and street design with topography, a typical lot layout, a utility plan and a profile of roads and utilities.
LOT
The parcel or portion of land separate from other parcels or portions by description, as on a subdivision or survey map, or by metes and bounds, for the purpose of sale, lease or separate use. Any contiguous lands owned by an applicant may be considered as a single "lot" for the purposes of this chapter, pursuant to applicable statutory and case law.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the municipality, which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISION
A subdivision resulting in not more than three lots, including the remaining parcel, fronting upon an existing state, county or municipal street (accepted and maintained by the Township) not involving any new street or road or the extension of municipal facilities not involving the extension of any off-tract improvement, the cost of which is prorated pursuant to Township ordinances, not including any planned residential development, not directly or indirectly creating or contributing to any unusual drainage or access problems and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Master Plan, Official Map, Zoning Ordinance[3] or this chapter.
OFF-SITE IMPROVEMENTS
Those improvements outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or the contiguous portion of a street, easement or right-of-way.
OFF-TRACT IMPROVEMENTS
Those improvements not located on the property which is the subject of an application under this chapter nor on a contiguous portion of a street, easement or right-of-way.
OFFICIAL MAP
The map adopted in accordance with the Official Map and Building Permit Act.[4]
OWNER
Any individual, firm, association, syndicate, trust, estate, partnership, corporation or legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTY
Any security which may be accepted by the Township in lieu of a requirement that certain improvements specified elsewhere in this chapter be made before the Board considers a final plat, provided that the Township shall require that 10% of the performance guaranty be cash.
PLAT
A map of the subdivision.
PRELIMINARY PLAT
The preliminary map, clearly marked "preliminary plat," indicating the proposed layout of the subdivision which is submitted to the Board for consideration and tentative approval prior to submission of the final plat. The "preliminary plat" must meet the requirements as specified in this chapter.
SKETCH PLAT
A map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article III of this chapter.
STREET
Any public way for vehicular traffic, whether designated as a street, avenue, boulevard, road, highway, lane, thoroughfare, throughway, parkway, viaduct, place or other way, which is an existing improved state, county or municipal street accepted and maintained by the Township of Pequannock shown upon a plat heretofore approved pursuant to law or approved by official action 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. "Streets" shall include the land between the street lines, whether improved or unimproved, and shall comprise pavement, shoulders, gutters, sidewalks, parking areas and all other areas within the street lines. For the purpose of this chapter, "streets" shall be classified as follows:
A. 
Those which are used primarily for fast or heavy traffic.
B. 
Those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
C. 
Those which are used primarily for access to the abutting properties.
D. 
Minor streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
E. 
Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
A. 
The division of a lot into two or more lots 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:
(1) 
Divisions of land found by the Board to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) 
Divisions of property by testamentary or interstate provisions.
(3) 
Divisions of property upon court order, but not limited to judgements of foreclosure.
(4) 
Consolidation of existing lots by deed or other recorded instrument.
(5) 
The conveyance of one or more adjacent lots owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots on the Tax Maps.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of the Planning Board, appointed by the Chairman, with the approval of the Board, serving for one year for the purpose of classifying subdivisions in accordance with the provisions of this chapter. The number of members of such Committee shall be determined by the Board in its bylaws.
TENTATIVE APPROVAL
The official action of the Board on a preliminary plat meeting all the requirements, conditions and engineering considerations required by this chapter. "Tentative approval" shall confer upon the subdivider certain rights as specified in this chapter.
[1]
Note: See Ch. 189, Zoning.
[2]
Note: See N.J.S.A. 46:23-9.9 et seq.
[3]
Note: See Ch. 189, Zoning.
[4]
Note: For current provisions, see now N.J.S.A. 40:55D-32 et seq.
A. 
Any applicant wishing to subdivide or resubdivide land within the Township of Pequannock, subject to the exceptions noted in the definition of "subdivision" in 163-4, shall apply for and obtain the approval of the Planning Board in accordance with the following procedure. The applicant or his agent shall appear at all meetings of the Planning Board whenever the application is being considered. Failure to appear shall give the Planning Board the right to postpone action on the application for that particular meeting or, when reasonable, to deny the application. Failure to submit all required items with the application shall cause the application to be automatically tabled until all required items are submitted. If such failure persists, the Planning Board shall have the right to deny application.
B. 
An applicant for subdivision shall submit a complete application, including the application form, required fees and all information required by Township ordinances, two weeks prior to the Board meeting. An application shall be certified as complete immediately upon meeting all requirements and shall be deemed complete as of the day it is certified by the Administrative Officer. If the application is incomplete, the Administrative Officer shall notify the applicant or deficiencies, in writing, within 45 days of the submission of such application. The time period for action shall commence upon certification of completeness. Nothing in this chapter shall deny the Board the right to require reasonable additional information specified in the ordinance or any revision to the documents submitted. The requirement of this additional information shall not affect the completeness of the application.
C. 
At the request of the developer, the Planning Board shall review a conceptual plan of the developer. There shall be no fee for this review, and neither the developer nor the Planning Board shall be bound by this review.
A. 
Procedure. An applicant for the subdivision of land within the Township of Pequannock shall submit to the Township Clerk two copies of an application for classification and a fee of $5 and three copies of a sketch plat at least two weeks prior to a regular meeting of the Planning Board.
B. 
Classification. The Subdivision Committee shall classify the plat as a major or minor subdivision by majority vote and forward all materials, including the Committee's comments and recommendations pertaining to the subdivision, to the Planning Board.
C. 
Planning Board approval. The Planning Board, at its next regular meeting, shall review the classification of the subdivision Committee and approve or change the classification by majority vote.
[Amended 10-23-2001 by Ord. No. 2001-20]
A. 
Complete application. The following items and information as indicated on the checklist must be submitted to the administrative officer before an application can be deemed complete.
(1) 
Two complete application forms [once the application has been deemed complete the applicant shall submit 18 additional copies of the application].
(2) 
Two copies of the plat [an additional 18 copies will be required once the application has been deemed complete].
(3) 
Payment of the administrative and escrow review deposits.
(4) 
Proof of payment of taxes signed by the Tax Collector.
(5) 
Names and addresses of:
(a) 
Holders of 10% or more stock in applicant and/or owner, if either is a corporation; or
(b) 
Holders of 10% or more interest in applicant if partnership (per N.J.S.A. 40:55D-48.1).
(6) 
Health Department approval of septic systems where sanitary sewers are not available.
(7) 
Completed floodplain development application (when required by ordinance).
(8) 
Proof of submission of a completed application form for Morris County Soil Conservation District, if applicable.
(9) 
Receipt of completed application form and required fees for Morris County Planning Board when required.
(10) 
Each submission shall be drawn at an appropriate scale not less than one inch equal to 100 feet and shall be submitted on one of the four following standard sheet sizes: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches.
Once the application has been deemed complete the applicant shall provide 18 copies of all materials related to the pending application. In addition, the following information shall appear on all plans in order to be deemed complete:
(1)
A key map showing the entire tract, the zone in which the subject property and all property within a 200-foot radius of the subject property, including the Tax Map block and lot numbers and owner's name. Said map to be drawn at a scale of 1 inch equal to 100 feet.
(2)
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36):
(a)
Name of the development, Pequannock Township, Morris County.
(b)
Name, title, address and license number of the professional(s) who prepared the plat or plan.
(c)
Scale (written).
(d)
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
(e)
Existing block and lot numbers as they appear on the Township Tax Map.
(3)
(a)
North arrow.
(b)
Name, title, address and telephone number of the applicant.
(c)
Name, title, and address of the owner(s) of the record.
(d)
Graphic scale.
(4)
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement.
(5)
Approval signature lines:
(a)
Chairman.
(b)
Secretary.
(6)
Acreage to the nearest 1/100 of an acre and a computation of the area of the tract to be disturbed.
(7)
Identification of wetlands as per N.J. Freshwater Wetlands Act (Affidavit of compliance required) or permit from Army Corps of Engineers.
(8)
Identification of the Flood Hazard Area as per FEMA maps dated July 3, 1986 as revised or submission of a perfected LOMA.
(9)
The location of all existing watercourses, easements, rights-of-way, streets, roads, highways, freeways, railroads, rivers, buildings, structures, or any other feature directly on the tract or off-tract in and within 200 feet, if it is deemed that such feature has an effect upon the use of subject property.
(10)
The location and treatment of proposed entrances and exits to the public right-of-way.
(11)
Design for method of soil erosion and sediment control and location of same.
(12)
The location and details of sidewalks, walkways and all other areas proposed to be devoted to pedestrian use.
(13)
The location and details of all subsurface structures: including storm sewers, sanitary sewers telephone, electrical, gas, water, manholes, valve boxes, hydrants and other appurtenances; giving top and invert elevations, direction of flow, size of appurtenances, ownership, capacity, pressure leads, materials, type, and projected routes. The location of existing structures such as water and sewer mains, utility structures, gas transmission lines and high-tension power lines on the tract and within 200 feet of its boundaries.
(14)
When sanitary sewers are not available, the plans must indicate the location of the percolation test for each lot proposed in the actual septic design.
(15)
Stormwater. Topographical information, storm drainage studies, and computations, in accordance with the Residential Site Improvement Standards, on all storm and surface water collections and disposal areas within or adjacent to the proposed subdivision.
(16)
Existing and proposed contours of the site at one-foot intervals, unless slopes are greater than 20%, in which case 2-foot contours are permitted.
(17)
The location and details of sidewalks, walkways, and other areas proposed to be devoted to pedestrian use.
B. 
Upon receipt of comments from the Township Engineer, the Township Planner, and/or the Morris County Planning Board, but in no case later than 45 days from the date of a completed application, the Planning Board shall approve, approve conditionally or deny the minor subdivision.
(1) 
If approved, a notation to that effect shall be made on the plat or deeds supplied by the applicant, and the plat or deeds shall be signed by the Chairman of the Planning Board and Secretary. The plat or deeds shall be returned to the applicant within one week following the next regular meeting of the Board.
(2) 
If conditionally approved or rejected, the reasons for conditional approval or rejection shall be noted on one copy of the application form and one copy of the plat and returned to the applicant within 10 days from the date of the next regular Board meeting.
C. 
If approved as a minor subdivision, a plat map drawn in compliance with Chapter 141 of the Laws of the 1960,* a subdivision description or a deed shall be filed with the county recording officer within 190 days from the date of municipal approval. Failure to file within 190 days shall void said subdivision approval. After filing with the county, copies shall also be filed with the following:
(1) 
The Tax Assessor: one paper print.
(2) 
The Tax Collector: one paper print.
(3) 
The Township Engineer: one paper print.
D. 
Any lands, lots or parcels resulting from a minor subdivision may not be resubmitted as a minor subdivision of land for a period of three years from the date of initial approval as a minor subdivision. However, this section shall not apply to an application for resubdivision or an application which does not create any additional lots.
E. 
The zoning requirements and general terms and conditions upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly filed as provided in Subsection D of this section.
A. 
If classified as a major subdivision, the sketch plat shall be so noted and returned to the applicant for compliance with the provisions of this chapter dealing with major subdivisions.
B. 
Complete application. The following items and information as indicated on the checklist must be submitted to the administrative office before an application can be deemed complete.
(1) 
Two complete applications (once the application has been deemed complete the applicant shall submit 18 additional copies of the application).
(2) 
Two copies of the plat (an additional 18 copies will be required once the application has been deemed complete).
(3) 
Payment of the administrative and escrow review deposits.
(4) 
Proof of payment of taxes signed by the Tax Collector.
(5) 
Names and addresses of:
(a) 
Holders of 10% or more stock in applicant and/or owner, if either is a corporation; or
(b) 
Holders of 10% or more interest in applicant if partnership (per N.J.S.A. 40:55D-48.1).
(6) 
Surface water management plan acceptable to the Township Engineer.
(7) 
Soil erosion and sediment control plan.
(8) 
Environmental impact study (when required by ordinance).
(9) 
Health Department approval of septic systems where sanitary sewers are not available.
(10) 
Completed floodplain development application (when required by ordinance).
(11) 
Proof of submission of a completed application form for Morris County Soil Conservation District, if applicable.
(12) 
Receipt of completed application form and required fees for Morris County Planning Board when required.
(13) 
Each submission shall be drawn at an appropriate scale not less than one inch equal to 100 feet and shall be submitted on one of the two following standard sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches.
Once the application has been deemed complete the applicant must provide 18 additional copies of all materials submitted as a part of the application to be heard. In addition, the following information shall be provided on the appropriate medium:
(1)
A key map showing the entire tract, the zone in which the subject property and all property within a 200-foot radius of the subject property, including the Tax Map block and lot numbers and owner's name. Said map to be drawn at a scale of 1 inch equal to 100 feet.
(2)
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36):
(a)
Name of the development, Pequannock Township, Morris County.
(b)
Name, title, address and license number of the professional(s) who prepared the plat or plan.
(c)
Scale (written).
(d)
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
(e)
Existing block and lot numbers as they appear on the Township Tax Map.
(3)
(a)
North arrow.
(b)
Name, title, address and telephone number of the applicant.
(c)
Name, title, and address of the owner(s) of the record.
(d)
Graphic scale.
(4)
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement.
(5)
Approval signature lines:
(6)
Acreage to the nearest 1/100 of an acre and a computation of the area of the tract to be disturbed.
(7)
Identification of wetlands as per N.J. Freshwater Wetlands Act (Affidavit of compliance required) or permit from Army Corps of Engineers.
(8)
Identification of the Flood Hazard Area as per FEMA maps dated July 3, 1986 as revised or submission of a perfected LOMA.
(9)
The location of all existing watercourses, easements, rights-of-way, streets, roads, highways, freeways, railroads, rivers, buildings, structures, or any other feature directly on the tract or off-tract in or within 500 feet, if it is deemed that such feature has an effect upon the use of subject property.
(10)
When sanitary sewers are not available, the plans must indicate the location of the percolation test for each lot proposed and the actual septic design.
(11)
The location and treatment of proposed entrances and exits to the public right-of-way, including the possible utilization of traffic signals, channelization, acceleration and deceleration lane, additional width, and any other device necessary to traffic safety and/or convenience.
(12)
The location and identification of proposed open spaces, parks, recreation areas, or land to be dedicated to the Township or other public body.
(13)
Design for method of soil erosion and sediment control and location of same. Stormwater Topographical information and storm drainage studies and computations acceptable to the Township Engineer, on all storm or surface water collections and disposal areas within or adjacent to the proposed subdivision.
(14)
The location, design, species, height and type of landscaping, buffer areas, and screening devices.
(15)
The location and details of sidewalks, walkways and all other areas proposed to be devoted to pedestrian use.
(16)
The location and details of all subsurface structures: including storm sewers, sanitary sewers telephone, electrical, gas, water, manholes, valve boxes, hydrants and other appurtenances; giving top and invert elevations, direction of flow, size of appurtenances, ownership, capacity, pressure leads, materials, type, and projected routes. The location of existing structures such as water and sewer mains, utility structures, gas transmission lines and high-tension power lines on the tract and within 200 feet of its boundaries.
(17)
All existing (as per Township Tax Map) and proposed lot lines, setbacks, and yard dimensions as proposed, together with a table listing the required bulk areas for the zone, the proposed bulk dimensions and clearly identifying all variances requested.
(18)
The entire property in question, even though only a portion of said property is involved in the subdivision, provided however where it is physically impossible to show the entire tract on the required sheet, an area map drawn at an appropriate scale is permitted.
(19)
Existing and proposed contours of the site at 2-foot intervals, unless slopes are greater than 10%, in which case 2-foot contours are permitted.
(20)
If service for utilities (telephone, electric, water, sewer, etc.) is to be provided by an existing utility company, a letter must be submitted from the company stating that service will.
(21)
Plans, typical cross sections and construction details, horizontal and vertical alignments of the center line of all proposed streets and of all existing streets at the point of intersection with the proposed street.
C. 
Documents required with the preliminary plat. The following documents shall accompany the application for tentative approval:
(1) 
Two copies of affidavit of ownership.
(2) 
Two copies of a letter of intent stating:
(a) 
The type of structure(s) to be erected.
(b) 
The nature of business if commercial or industrial.
(c) 
The approximate date of the start of construction.
(d) 
The priority of construction (point of location).
(e) 
The estimated sales or rental figures.
(f) 
The estimated number of lots on which final approval will be requested for the first section.
(g) 
The approximate date of completion.
(3) 
Two copies of any protective covenants or deed restrictions applying to the land being subdivided.
D. 
Distribution. When necessary, copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board, prior to the hearing, to the following persons:
(1) 
The Fire Prevention Bureau: one copy.
(2) 
The Department of Public Works: one copy.
(3) 
The Board of Health: one copy.
(4) 
The Building Inspector: one copy.
(5) 
The Tax Assessor: one copy.
(6) 
The Township Planner: one copy.
(7) 
The Township Engineer: two copies.
(8) 
The Shade Tree Commission: two copies.
(9) 
One copy to be retained by the Planning Board.
(10) 
The Environmental Protection Commission: one copy.
E. 
Documents required prior to public hearing. Unless otherwise provided, at least 10 days prior to the public hearing, the following documents shall be presented to the Board.
(1) 
County Planning Board. A letter of approval of plat from the Morris County Planning Board.
F. 
Time limitation. The Board shall act on the preliminary plat within 45 days after submission of a complete application consisting of all necessary and required plans, letters, exhibits and data for subdivisions of 10 or fewer lots and within 95 days for subdivisions of more than 10 lots or within such further time as may be mutually agreed upon. If the Board disapproves a plat, the reasons for the disapproval shall be communicated to the applicant and remedied prior to further consideration. No action shall be taken until receipt of the county review or until 30 days have elapsed from the date of referral to the county. The above time may be extended with the consent of the applicant.
G. 
Planning Board action. The Board shall approve, conditionally approve or reject the application.
(1) 
Approval or conditional approval, provided that all conditions are met, shall confer upon the applicant the following rights for a three-year period from the date of approval:
(a) 
That the general terms and conditions upon which tentative approval was granted will not be changed, including use requirements, layout and design of improvements, lot size and dimensions.
(b) 
That said applicant may submit, on or before the expiration date, the whole or part or parts of said plat for final approval.
(c) 
That the applicant may apply for and the Planning Board may grant extensions on such tentative approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(2) 
In the case of a subdivision of an area of fifty (5) acres or more, the Planning Board may grant the rights referred to in Subsection G(1) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration:
(a) 
The number of dwelling units and nonresidential floor area permissible under preliminary approval.
(b) 
Economic conditions.
(c) 
The comprehensiveness of the development.
A. 
Installation. Before consideration of a final subdivision plat, the subdivider shall have installed all improvements required by Section 163.04 of this chapter under the supervision and inspection of the Township Engineer. Under special circumstances, some improvements may be specifically excluded by the Engineer. Such excluded improvements may generally consist of only the following:
(1) 
Street surface course.
(2) 
Lot grading, topsoil distribution, seedings and driveways.
(3) 
Shade trees.
(4) 
Monuments.
(5) 
Sidewalks.
B. 
Agreement.
(1) 
Prior to any construction, including land clearance or soil disturbance, there shall be executed an agreement between the developer and the Township incorporating all of the terms and conditions of approval imposed by the Planning Board. Implicit in every preliminary approval and part of such agreement in connection with final approval shall be the agreement of the developer to:
(a) 
Procure necessary drainage easements.
(b) 
Make such revisions in the drainage plan as may be reasonably required before or during construction by the Township Engineer in accordance with good engineering practices. All drainage problems shall be resolved to the satisfaction of the Township Engineer prior to the issuance of the final certificate of occupancy in the subdivision.
(2) 
Said agreement shall also provide for the posting of a two-year maintenance guaranty to take effect upon acceptance of completed improvements by the governing body.
C. 
Occupancy permits; exceptions.
(1) 
An occupancy permit shall not be issued until the complete installation of all underground utilities, including but not limited to sanitary sewers, water, gas, storm drains, etc., and installation of road subbase, road base, binder course and curbs in accordance with the specifications of the Township, as certified in writing by the Township Engineer, and a maintenance bond has been posted. An occupancy permit shall not be issued until the completed road has been installed pursuant to Township specifications and in compliance with all Township ordinances and conditions of subdivision approval applicable thereto, as certified in writing by the Engineer and approved by the governing body, with, however, the following exceptions.
(2) 
The Township Engineer may certify, in writing, that the best interests of the Township require a delay for engineering reasons before the subdivider or developer finishes the road. The Planning Board and governing body shall approve the certification, and an occupancy permit may be issued, provided that the following conditions are met:
(a) 
That the Engineer certifies that proper road base and binder course have been installed.
(b) 
That the developer has deposited with the Clerk an amount of money, determined by the Planning Board and approved by the governing body, exclusive of prior deposits, as sufficient to maintain the road and road base in a passable condition, free from ruts, mud, potholes, obstructions, snow, etc. Maintenance of the road shall be the responsibility of the developer.
(c) 
That the developer agrees, in writing, to complete the road within 60 days' after written notice by the governing body upon recommendation by the Engineer.
(d) 
That upon failure of the subdivider or developer to complete the road within the time limit in accordance with the specifications of the Township, then the Township shall complete the road at the subdivider's or developer's expense.
A. 
Complete application. The following items and information as indicated on the checklist must be submitted to the administrative officer before an application can be deemed complete:
(1) 
Two complete application forms (once the application has been deemed complete the applicant shall submit 18 additional copies of the application).
(2) 
Two copies of the plat (an additional 18 copies will be required once the application has been deemed complete).
(3) 
Payment of the administrative and escrow review deposits.
(4) 
Proof of payment of taxes signed by the Tax Collector.
(5) 
Names and addresses of:
(a) 
Holders of 10% or more stock in applicant and/or owner, if either is a corporation; or
(b) 
Holders of 10% or more interest in applicant if partnership (per N.J.S.A. 40:55D-48.1).
(6) 
Is submission within three years of resolution of preliminary approval?
(7) 
Have block and lot numbers been approved by the Township Tax Assessor?
(8) 
Affidavit of no change of final plat from preliminary plat (or affidavit with changes listed in detail) signed by the applicant's engineer and the Township Engineer.
(9) 
Letter from Health Department or Utility Authority approving the facilities for water and sewerage.
(10) 
Each submission shall be drawn at an appropriate scale not less than one inch equals to 100 feet and shall be submitted on one of the two following standard sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches.
(11) 
Furnishing of tracings. A letter from the applicant agreeing to furnish the items listed in Section 163.02.060 (H) of the Pequannock Township Code.
(12) 
Letter from the applicant agreeing to furnish six copies of as-builts for site grading, topography, utility plan and profiles of roads, and utilities as finally constructed or installed.
(13) 
Submittal of all deeds, free and clean of all encumbrances, for all streets, public easements, drainage easements and other lands dedicated to public use.
(14) 
Water supplier. A letter from the water supplier stating that the water system is proposed, is adequate for the development and all future extensions thereof, and that the development and all future extensions thereof can be assured of an adequate supply of potable water.
(15) 
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given consent under an option agreement.
In addition the following information must be contained in the plans presented with the application in order for the application to be deemed complete:
(1)
Sewers; mains. Plans, profiles, and construction details of storm and sanitary sewers and water mains approved by the Township Engineer.
(2)
Monuments. The location and description of all monuments.
(3)
Cross sections and profiles of streets, curbs or gutters, catch basins and storm sewers and all utilities proposed, showing grades and approved by the Township Engineer.
(4)
Identity. The date, name and location of the subdivision, the name of the owner, a graphic and written scale.
(5)
The tract boundary lines, the rights-of-ways, lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings, or deflection angles of all curves and square feet of all lot areas of all lots within the subdivision.
(6)
Public use. The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of a site other than residential shall be noted.
(7)
Setback lines. The minimum principal building setback lines for all lots and other sites.
(8)
Contours shall be at 2 foot intervals for slopes less than 10% and may be at 5 feet for slopes greater than 10%.
(9)
Streams. Plans, profiles and cross-sections of all streams, ditches and watercourses.
B. 
Time limitation. The Planning Board shall act within 45 days of submission of the plat or within such further time as may be mutually agreed upon. The action of the Board shall be noted on the plat and signed by the Chairman and Secretary of the Board.
C. 
Failure to act. Failure of the Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval, and the Township Clerk shall issue a certificate to that effect upon request of the applicant.
D. 
Distribution. Copies of the final plat shall be distributed, if necessary, by the Board to the following for review and comment:
(1) 
The Shade Tree Commission: two copies.
(2) 
The Township Engineer: two copies.
(3) 
The Fire Prevention Bureau: one copy.
(4) 
The Environmental Protection Commission: one copy.
(5) 
The Board of Health: one copy.
(6) 
The Building Inspector: one copy.
(7) 
The Tax Assessor: one copy.
(8) 
Others as necessary.
E. 
Review. No action shall be taken until such time as the above officials review said plat or 30 days has elapsed from date of referral.
F. 
Planning Board action.
(1) 
The Planning Board, after hearing, may approve or disapprove the plat. If the Planning Board disapproves the plat, the findings and reasons for such disapproval shall be stated in the minutes of the Board, and the applicant shall be given a copy.
(2) 
If the Board requires any substantial amendment in the layout or improvements proposed by the subdivider that have been the subject of a hearing, an amended plat must be submitted and proceeded upon as in the case of the original plat.
(3) 
If the amended plat is not submitted in accordance with Planning Board bylaws, the applicant shall be required to resubmit a new application and fees.
G. 
Filing. The final plat, after final approval, shall be filed by the subdivider with the county recording officer within 90 days from the date of such approval. If any final plat is not filed within that period, the approval shall expire. For good cause shown, the Planning Board may extend the time for the filing of the plat for an additional period not to exceed 90 days. After filing with the county recording officer, copies shall also be filed with the following:
(1) 
The Department of Public Works: one linen print.
(2) 
The Township Clerk: one linen print.
(3) 
The Planning Board: one paper print.
(4) 
The Tax Assessor: one paper print.
(5) 
The Tax Collector: one paper print.
(6) 
The water department: one paper print.*
A. 
All plats shall be based on current Tax Map information or some other similarly accurate base at a scale not less than 50 feet to the inch and shall show or include the following information. When the sketch plat differs from the Tax Map, the Planning Board may require substantiating evidence in the form of deeds, etc., to verify any changes.
(1) 
Location. The location of that portion which is to be subdivided in relation to the entire tract.
(2) 
Structures; wooded areas. All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.
(3) 
Owners. The name of the owner, all adjoining property owners and those across existing or proposed streets as disclosed by the most recent records of the Municipal Tax Office.
(4) 
Identity. The Tax Map sheet, date of revision, block and lot numbers; the identifying title of the subdivision and name of the municipality, county and state.
(5) 
All existing or proposed streets, roads, easements, public rights-of-way, streams, drainage ditches and natural watercourses in and within 500 feet of the subdivision or, in the case of a minor subdivision, 200 feet.
(6) 
The original and proposed lot layout, lot dimensions and total area of each lot.
(7) 
Utility and drainage information. In cases when there is a question on the adequacy of drainage, sewage and utility facilities, the Board may require maps showing utility connections and topography, as well as percolation tests conducted at the expense of the applicant.
(8) 
Other information.
(a) 
The names and addresses of the prospective purchaser.
(b) 
Any deed restriction imposed by the owner or seller, which shall be so noted on the map.
(c) 
The old name, if submitted previously under a different title, the date of original preparation and the date of the revision.
(d) 
The name, address and signature of the person responsible for preparing the map.
The final plat and all plans and profiles or improvements shall be filed with the Secretary at least three weeks prior to the meeting of the Board when the plat is to be considered. The plat shall be drawn by a licensed New Jersey land surveyor on tracing cloth 24 inches by 36 inches, at a scale of not less than one inch equaling 50 feet, in compliance with all the provisions in Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.), as the same may be amended. The final plat shall show or be accompanied by the following:
A. 
Identity. The date, name and location of the subdivision, the name of the owner, a graphic scale and a reference meridian.
B. 
Other contents. The tract boundary lines, the right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves and square foot area of all lots within the subdivision.
C. 
Public use. The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of a site other than residential shall be noted.
D. 
Block and lots. All block and lot numbers shall be approved by the by the Engineer and shall be related to existing block and lot numbers as shown on the Official Tax Map of the Township.
E. 
Setback lines. The minimum building setback lines of all lots and other sites.
F. 
Monuments. The location and description of all monuments.
G. 
Owners. The names of owners of adjoining properties and those across any existing or proposed street.
H. 
Accuracy. Certification by the surveyors as to the accuracy of details of the plat.
I. 
Consent of owner. Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
J. 
Approval. When approval of a plat is required by an officer or body, whether municipal, county or state, approval shall be certified on the plat.
K. 
Profiles. Cross-sections and profiles of streets, curbs or gutters, catch basins and storm sewers and all utilities proposed, showing grades and approved by the Engineer.
L. 
Contours. Contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope.
M. 
Sewers; mains. Plans and profiles of storm and sanitary sewers and water mains approved by the Township Engineer.
N. 
Streams. Plans, profiles and cross-sections of all streams, ditches and watercourses.
Prior to the granting of final approval, the subdivider shall have installed improvements required by the Planning Board. The Planning Board may solicit local, county, state, federal, public or semipublic agencies and knowledgeable individuals on what improvements shall be required. Improvements recommended by other agencies may be required by the Planning Board as a condition of final approval.
Streets are to be graded and constructed in accordance with the construction standards and specifications of the Township.
Street signs are to be of the same type and design as the street signs currently in use and shall be installed with a concrete base in accordance with applicable Township ordinances and state statutes in such manner that the name of each intersecting street in clearly visible to approaching traffic.
Curbs and gutters are to be constructed in accordance with the construction standards and specifications of the Township.
Catch basins are to be constructed in accordance with the construction standards and specifications of the Township as approved by the Engineer and located where directed by the Engineer.
During construction, the Township Engineer may require the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury, damage to property or constitute a health hazard. These conditions may result from erosion and landslide, flooding, heavy construction traffic, creation of steep grades and pollution. Improvements may include grading, plantings, retaining walls, culverts, pipes, guard rails, temporary roads, berms, retention ponds or basins and others appropriate to the specific condition. These may include actions recommended by the Morris County Soil Conservation Commission.
Sidewalks shall be required in all areas and shall, in all cases, be of sufficient width to accommodate the maximum pedestrian traffic, but in no case shall be less than eight feet in width in a business zone and four feet in all other zones, and shall be constructed in accordance with the construction standards and specifications of the Township.
In all major subdivisions, streetlights shall be installed at street intersections, curves and culs-de-sac and shall not exceed 300 feet apart along one side of the street. All service connections shall be made underground. The design and type of light shall be approved by the Engineer before installation.
Where required by the Shade Tree Commission, not fewer than two new shade trees shall be installed on each lot not closer than 25 feet from any existing or proposed streetlight or street intersection and installed in the front of the lot between the building and the street right-of-way area and in a line with other trees planted on the same side of the same street and shall be installed so as not to interfere with utilities, roadways, school ways or sidewalks. Trees shall be nursery-grown stock not less than 2 1/2 inches in diameter, planted and staked in a manner approved by the Shade Tree Commission. Trees shall be of the following species: sugar, maple, willow oak, red oak, scarlet oak, pin oak, sweet gum, ginkgo (male only), Japanese pagoda tree, thornless sunburst honey locust, Norway maple, Norway red and columnar maple. All trees not surviving after one growing season shall be replaced by the developer. Other species may be proposed, in writing, to the Commission for its approval. The Commission may require the subdivider or developer, at his sole expense, to retain a qualified person to report to the Shade Tree Commission as to what can be done to save existing trees, etc.
No topsoil shall be removed from the subdivision site or used as spoil or fill. In addition, topsoil removed during the course of construction shall be redistributed in the subdivision so as to provide equal distribution of cover to all areas of the subdivision and shall be stabilized by seeding and planting. At least six inches of compacted topsoil shall be provided on all portions of lots not occupied by buildings or walks.
No change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than a required minimal amount as determined by the Engineer and Board. All changes in elevation and contours approved by the Engineer and Board shall be shown on the preliminary plat and master site grading plan.
Monuments are to be of the size and shape required by Section 3 of Chapter 141 of the Laws of 1960[1] and shall be placed in accordance with the requirements of said statute and the specifications of the Township.
[1]
Note: See N.J.S.A. 46:23-9.11.
Provision shall be made for culverts, stormwater drains, sanitary waste disposal and utilities. All such installations shall be connected with an adequate approved system where one exists and shall be adequate for all present and future development of the subdivision and surrounding areas and shall be made in accordance with construction and specification standards of the Township and Morris County, where applicable, and as approved by the Engineer. All stormwater drains shall have a minimum inside diameter of 15 inches.
Gas mains are to be installed in accordance with the requirements of the applicable ordinances of the Township and/or the gas supplier.
Where a public sanitary sewer system is accessible, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto. All such installations of sewer mains shall be made in accordance with the construction standards of the Township as approved by the Engineer and the State Board of Health, where applicable.
Where a public sanitary sewer system is not reasonably accessible, the subdivider may be required to install sewer lines and a sanitary sewage disposal plant at his own cost and expense and in accordance with the specifications of the State Department of Health, and all such installations shall be subject to the approval of the Board of Health, the State Department of Health and the Township Engineer.
Where a public sanitary sewer is not reasonably accessible but is proposed and a plan has been adopted by the Township and where installation of sewer lines and a sanitary sewage disposal plant is not required, the subdivider must install within the subdivision a complete sewer pipe system, including provision for the connection thereto at each lot in accordance with the Township's adopted plan, but, in lieu of constructing the sanitary sewage disposal plant, the subdivider may install individual sewage disposal systems, including attachments for public sewer lines, for each lot at the time that improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the construction standards of the Township as approved by the Engineer and the local Board of Health.
Where an individual sewage disposal system is approved for a residence located on an existing street or proposed street, it shall further be required that a house sewer service connection be extended to the lawn side of the sidewalk and capped.
Fire hydrants, fire alarm boxes, pumping stations and standpipes are to be installed on water mains at intervals as directed by the Fire Prevention Bureau in accordance with the standards of the National Board of Fire Underwriters. All hydrants and alarm boxes shall be placed at or near street intersections or at property lines in such a manner as approved by the Board so as to least interfere with the use of roads and property. All major subdivisions without fire hydrants or waterlines shall be required to provide pumping stations and/or standpipes as required by the Board and Fire Prevention Bureau.
Provision shall be made to provide each lot with an adequate and continuous supply of potable water in accordance with the standards and specifications of the Township. Where a public water system is reasonably accessible, all lots shall be connected thereto. In the event that such a system is not reasonably accessible, individual wells shall be installed for each lot. Where a public water system is not now reasonably accessible but may be at some future date, the subdivider may be required to install within the subdivision a complete water distribution system, including provisions for connection to each lot. Until such time as the system is capable of becoming operable, individual wells shall be installed. This shall include the placing of water mains in standard locations to be determined by the Department of Public Works. In addition, all systems shall be tested, at the subdivider's expense, for pressure and bacterial count before being approved.
Guard rails are to be installed where deemed necessary by the Engineer and to his specifications.
Upon determination by the Engineer, an appropriate amount shall be included in the guaranties to cover the cost and grading of banks and/or the erection of retaining walls to prevent erosion and landslides.
An amount of money, to be determined by the Engineer, shall be included in the guaranties to cover possible rock excavation.
An appropriate amount of money, to be determined by the Engineer, shall be included in the guaranties to cover possible damages to adjacent land and structures, including but not limited to fences, trees, uprooting of property, monuments, etc.
An amount, to be determined by the Engineer, shall be included in the guaranties to cover the cost of borrow and/or fill required to meet any requirement established herein.
An amount, to be determined by the Engineer, shall be included in the guaranties to improve existing streams or watercourses where storm drainage flowing into the stream from a subdivision is likely, in the opinion of the Engineer, to cause flooding problems.
All private utility improvements shall consist of those improvements required by the applicable utility or federal or state law.
An appropriate amount, to be determined by the Engineer, shall be included in the guaranties as may be required by specific problems which are peculiar to any particular development or which might arise during construction.
A. 
During construction, the site shall be maintained and left each day in a safe and sanitary manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the subdivider upon an order by the Building Inspector or other authorized personnel.
B. 
Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess or scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Building Inspector and prior to issuing an occupancy permit. None of the same shall be buried without written permission of the Building Inspector. The burning of trash and rubbish is prohibited.
The Planning Board may require a developer to improve all adjacent streets, drainage ditches, streams, utilities or other improvements to those Township standards adopted by ordinance.
The Planning Board may require a developer to complete off-tract improvements to the extent that the proposed development creates the demand for the improvements. For streets and roads, this will be determined by traffic flow; for drainage, it shall be determined by anticipated runoff; and for other utilities, the requirement for off-tract improvements shall be determined by anticipated flows. In the event that any such off-tract improvement benefits properties of others as well as the applicant, the Planning Board shall refer the matter to the Township Council for the purpose of determining whether the off-tract improvement shall be installed by local assessment or in some other manner which fairly allocates the cost of improvements to the properties benefited thereby.
A. 
The following construction standards and improvements are necessary to protect the health, safety and welfare of the Township. It is recognized, however, that, in peculiar situations, all of the improvements listed below may not be appropriate or needed. These items may then be waived in accordance with 163.06.040.
B. 
All standards and specifications of the Township as now or hereafter adopted, if any, shall govern the design, construction and installation of all the above improvements. Failure of the subdivider, developer or his contractor or agent to conform to said specifications will be just cause for the suspension of the work being performed.
C. 
In the event that the Township has not adopted standards for a specific type of improvement, then generally accepted engineering standards as set forth in engineering and construction manuals, as may be modified by the Township Engineer for a specific situation, shall be used.
D. 
Gas, electric, telephone and similar utilities shall be installed in accordance with applicable company, state and federal requirements.
All improvements shall be installed under the supervision and inspection of the Engineer. At least 48 hours' notice shall be given to the Engineer prior to the start of construction or placing of improvements. No underground installation shall be covered until inspected and approved by the Engineer. If, during installation of any of the required improvements, the subdivider fails to meet specification requirements or to correct unacceptable work, the subdivider shall be notified by the Township Planner, in writing, by certified mail, return receipt requested, that the subdivider has failed to comply with specifications or to correct unacceptable work properly, and said notice shall set forth in detail what has not been properly installed. If, within 10 days after certified date of receipt of such notice, the subdivider has failed to perform in accordance with the notice, the Township Planner shall then cause the notice of failure to comply to be served upon the subdivider, and a copy shall be sent to the governing body and Planning Board. The fee for engineering inspections during construction or installation and during maintenance period shall be an amount sufficient to cover all costs for inspections as determined by the Township Engineer.
All construction stakes and grades shall be set by a licensed land surveyor in the employ of the subdivider, developer or contractor, and a duplicate copy of the grade sheets made therefrom shall be filed with the Engineer and the Department of Public Works.
A. 
Performance guaranties generally. No final plat shall be approved by the Board until the completion of all such required improvements has been certified, in writing, to the Board by the Engineer, unless the subdivider shall have filed with the Township a performance guaranty sufficient to cover all costs of such improvements or uncompleted portions thereof as specifically excluded from completion by the Engineer and approved by the Planning Board and assuring the installation of such uncompleted improvements on or before an agreed date, not to exceed 18 months from the date of execution of the performance guaranty, unless extended as provided in this article. An additional amount, to be determined by the Township Engineer, shall be included in the total amount of the performance guaranty to cover legal, engineering and other costs in the event that the subdivider or developer shall fail to complete the required improvements and the municipality is required to install the improvements.
B. 
Items required prior to acceptance of performance guaranty:
(1) 
List. A list of the items to be covered and the cost of each.
(2) 
Letter from Engineer. A letter of approval of 163-48B(1) from the Township Engineer.
(3) 
Conformance to Township ordinances. A letter from the Township Engineer stating that all plans and specifications meet all applicable Township ordinances.
C. 
Form and time of guaranty. The performance guaranty shall run for a term not to exceed 18 months and shall be in the form of at least 10% of the amount of the of the guaranty in cash or certified check, and the remainder shall be a surety bond from a company and in a form acceptable to the Township. Nothing in this section shall be construed as preventing the applicant from posting the entire performance guaranty in cash.
D. 
Extension of time and guaranty.
(1) 
Performance guaranties, with the consent of the principal, may be extended by the governing body, after recommendation by the Planning Board, by resolution, for one additional period not exceeding 18 months.
(2) 
As a condition or as part of any extension, the amount of any performance guaranty shall be increased or decreased, as the case may be, to an amount not to exceed 120% of the cost of installation as determined as of the time of the passage of the resolution to extend the time.
E. 
Township completion. If the required improvements shall not have been installed in accordance with the required standards and specifications of the Township within the time limit or extension thereof as described in Subsections C and D above, the Township shall use said performance guaranties as have been deposited with the Township to assure the completion of said improvements in accordance with the terms of this chapter and any applicable agreement.
F. 
Action of governing body.
(1) 
Upon substantial completion of all required appurtenant utility improvements and the connection of these to the public system, the obligor shall notify the governing body, in writing, of the completion or substantial completion of improvements by certified mail in the case of the Municipal Clerk and shall send a copy to the Municipal Engineer shall inspect all improvements for which notice has been given and shall file a detailed report, in writing, indicating approval, partial approval or rejection of the improvements as approved or rejected.
(2) 
The governing body shall approve, partially approve or reject the improvements on the basis of the Engineer's report and shall notify the obligor, by certified mail, of the contents of the report and the action of the governing body no later than 65 days from the receipt of the notice of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to insure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor shall be released from any liability pursuant to the performance guaranty for such improvements. No release of any performance guaranty shall take place until the provisions of 163-48G(9) of this chapter are complied with.
G. 
Items required by governing body before releasing the performance guaranty or any part thereof. Before releasing any guaranty or any portion thereof, the following items shall be in the hands of the governing body:
(1) 
Recommendation. A recommendation by the Board stating whether or not said performance guaranty should be reduced or released. If the Board fails to make such a recommendation within 45 days after being so requested by the governing body, the Board shall be deemed to have recommended releasing or reducing said performance guaranty.
(2) 
As-built plans. An as-built plan and profiles of all utilities and roads (black-and-white prints) in triplicate, plus tracing cloths, to be sent to the Planning Board with a certification as to the actual construction, the same to be approved by the Township Engineer. One copy of each shall be sent to the Township Clerk, one copy of each shall be sent to the Township Engineer, and one copy of each and the tracing cloths shall be retained by the Planning Board.
(3) 
Liens. A statement or affidavit, in duplicate, one copy to the Planning Board, from the developer, that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be deeded to the Township.
(4) 
Approval of installation. A statement, in duplicate, one copy to the Planning Board, from the Township Engineer, that all utilities and improvements required by the Planning Board and all applicable Township ordinances have been installed and completed in accordance with applicable Township ordinances and have been approved by him.
(5) 
Maintenance guaranty. A maintenance guaranty if 15%.
(6) 
Deeds. Deeds, free and clear of all encumbrances, for all streets, public easements, drainage easements, other public improvements and other lands dedicated to public use.
(7) 
Letter from Clerk. After the release of the guaranty or any part thereof, a statement to that effect shall be sent to the Planning Board by the Township Clerk, stating whether or not said release was in full or in part. If the release was in part, said statement shall set forth the amount of the reduction and a description of the roads or other improvements approved by the Mayor and Council.
(8) 
Reimbursement for inspection. Prior to the release of the performance guaranty or any portion thereof, the applicant shall post with the Township the sum of $50 per lot, in cash or certified check, to cover the cost of inspection related to the release of the performance guaranty. Any portion of this sum not used by the Township for such inspection services will be refunded to the applicant within 90 days of the release of the performance guaranty.
(9) 
Maintenance guaranty generally. A maintenance guaranty in the amount of 15% of the total cost of the improvements, as installed, shall be provided for a period of two years when the improvements have been completed and accepted by the governing body. The maintenance guaranty shall cover regular maintenance, such as curb replacement and repair, cleaning out of catch basins, resealing, patching or replacing portions of the road and any other matters which would be necessary to restore any of the required improvements into condition as when approved by the Township. The guaranty may be a surety guaranty and shall provide for a guaranty to replace all work performed and all materials furnished which are found defective and to repair or replace any defects thereof which may become apparent before the expiration of said period. The governing body shall not release any maintenance guaranty until the maintenance period expires and all deficiencies are repaired and then only if the Township Engineer certifies that all improvements are in the same condition as when first accepted.
A. 
General. The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
B. 
Development pattern. The subdivision plat shall conform to design standards that will encourage the most appropriate development pattern within the municipality.
C. 
Conformity to Master Plan and Official Map. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision plat shall conform to the proposal sand conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially approved Master Plan or Official Map shall be considered in the approval of subdivision plats.
D. 
Further conformance. Where no Master Plan data or Official Map data exist, streets and drainage rights-of-way shall be shown on the final plat in accordance with the applicable statutes of New Jersey in such case made and provided and shall be such as to lend themselves to the harmonious development of the Township and enhance the public welfare in accordance with the design standards in the following sections of this section.
A. 
General. 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, where necessary in order to promote orderly flow of traffic, safety and welfare of the public, shall be such as to provide for future streets.
B. 
Right-of-way and pavement widths. The right-of-way and pavement widths shall be measured from abutting lot line to abutting lot line and curb face to curb face and shall not be less than the following:
(1) 
Other than internal roads.
Right-of-Way Pavement Street Classification
Feet
Feet
Primary or arterial roads
80
46
Collector street
60
40
Local roads
50
34
Cul-de-sac
50R
40R
(2) 
Internal roads. The right-of-way and pavement widths for internal roads in multifamily, commercial and industrial developments and zones shall be determined on an individual basis and shall, in all cases, be of sufficient width and design to safely accommodate the maximum traffic, parking, loading and access for emergency vehicles and other vehicles that would service the development.
C. 
Widening existing streets. Subdivisions that include existing streets which do not conform to pavement and/or right-of-way widths as shown on the Master Plan or Official Map shall dedicate and improve, to Township specifications, additional width along both sides of said road. If the subdivision adjoins one side of an existing road which does not meet standards, only 1/2 of the required extra width shall be dedicated and improved to Township specifications. Where the governing body certifies that the best interests of the Township require a postponement of the installation or construction of a widened roadway, the developer shall deposit with the Township the cost of the improvement in lieu of actually constructing or installing the additional paving. Such costs shall also include, where appropriate, curbs, drainage facilities, sidewalks and extension of utilities. The requirement for improving the additional right-of-way may be waived by the Planning Board in the case of minor subdivisions when the Planning Board certifies that the improvement is not necessary for the health, safety and general welfare of the Township.
D. 
Grades. Arterial and collector streets shall not exceed 4% grade. All other streets shall not exceed 10%. No streets shall have a minimum grade of less than 1/2 of 1%. In no case shall any street have a grade of more than 3% within 50 feet of any intersection.
E. 
Intersections. Street intersections shall be laid out as nearly at right angles as possible and in no case at any angle of less than 60°. The block corners at intersections shall be rounded at the curbline with a curb having a center-line radius of not less than 35 feet.
F. 
Jogs. Street jogs with center-line offsets of less than 125 feet shall be prohibited.
G. 
Reverse curves. A tangent at least 100 feet long shall be introduced between reverse curves on all streets.
H. 
Connecting streets. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a center-line radius of not less than 100 feet.
I. 
Grade changes. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
J. 
Cul-de-sac. All culs-de-sac shall have a turnaround installed and shall not be longer than 600 feet. The turnaround shall have a right-of-way radius width of 50 feet and a paved radius width of not less than 40 feet. When a cul-de-sac terminates at an adjoining property line and where it is possible to extend the street at a future time, the turnaround right-of-way shall be considered as temporary in nature, and provision shall be made for future extension of the street and reversion of the excess right-of-way to the adjoining property or properties. Wherever a temporary or permanent turnaround is proposed on any street, the front yard setback line shall be measured from the right-of-way line of these turnarounds.
K. 
Names. Streets shall not have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. No street shall change by more than 90° without a change in name. The continuation of an existing street shall have the same name. All street names shall be approved by the Planning Board.
A. 
General. Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by the Zoning Ordinance* and to provide adequately for sewage disposal, convenient access, circulation, control and safety of street traffic.
B. 
Size. Blocks shall not be less than 600 feet nor more than 1,200 feet in length and not a lesser number of feet in width than at least two times the minimum depth of a lot required in that zone to comply with the Zoning Ordinance,* except where the Board and Board of Adjustment may deem that the existing conditions or special plans warrant a variation from such minimum requirements.
C. 
Commercial. Block sizes for commercial, business or industrial areas shall be sufficient to meet all area and yard requirements for such use.
D. 
Easements. Rights-of-way and easements within blocks in commercial, business or industrial areas shall be of not less than 20 feet in width.
E. 
Internal walkways. In blocks over 1,000 feet long, internal pedestrian walkways may be required in locations deemed necessary by the Planning Board. Such walkways shall be fifteen foot rights-of-way with a four foot paving and shall run from street to street. The type of paving required is to be left to the discretion of the Planning Board.
[Amended 9-22-1998 by Ord. No. 98-09]
A. 
General. Lot dimensions, front, side and rear yards and total area in square feet shall not be less than the requirements of the Zoning Ordinance* of the municipality.
B. 
Side lines. Insofar as is practical, side lot lines shall be at right angles to streets and radial to curved streets.
C. 
Frontage. Each lot must be not less than that required in the Zoning Ordinance.
D. 
Setbacks. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
E. 
Easements excluded. Easements for natural watercourses shall not be deemed part of any servient lot for the purpose of complying with area, frontage and yard requirements.
F. 
Substandard suitability. Where there is a question of the suitability of a lot or lots for their intended use due to the factors such as flood conditions, sewage disposal or similar circumstances, the Board may, after adequate investigation, with professional assistance, if deemed necessary, withhold approval of such lots.
G. 
Driveways. Driveways leading from garages, private or otherwise, to streets shall not have a grade in excess of 10% and shall meet the street or sidewalk where installed at grade and re paved with concrete or asphalt material.
H. 
Lots on major streets. Lots fronting on collector or arterial roads shall, at the discretion of the Planning Board, be services by a marginal access road or reverse frontage or have turnarounds construed on the property.
I. 
Flag lots.
(1) 
Flag lots may be subdivided from property having an existing single-family freestanding dwelling unit under the following conditions:
(a) 
The front and rear of the property can be subdivided into conforming lots.
(b) 
A private access strip 50 feet wide and not more than 500 feet in length is provided.
(c) 
The access strip must be constructed to ensure safe access for emergency and fire vehicles.
(d) 
A turnaround must be provided as part of the access strip.
(e) 
The waterline servicing the rear lot must be a minimum of one inch in diameter.
(f) 
Future applications to subdivide after flag lot subdivision has been approved will be classified as a major subdivision.
(g) 
The minimum size of the flag lot shall be twice the minimum lot size required in the zone in Zones R-9, R-11, R-15, and R-22. In Zones R-45, and R-87, the minimum lot size shall be the same as required for all lots.
(h) 
The principal structure shall be setback from all property lines a minimum distance equal to the rear yard setback for flag lots in the R-9, R-11, R-15, and R-22 zones, and a minimum of 50 feet in the R-45 and R-87 zones.
(2) 
If the access strip serves more than one dwelling, access to the rear shall be by a standard municipal street and a cul-de-sac turnaround.
A. 
Utility easements. In any major subdivision or where unusual circumstances warrant, as determined by the Board, easements may be required for utility installations. Such easements shall be at least 20 feet wide and located after consultation with the utility companies or Township agencies concerned. Rear-ot provisions of electric and telephone utilities shall be provided along the rear lot lines, and all utility service shall be installed underground.
B. 
Drainage easements. Where a subdivision is traversed by a watercourse, drainage, channel or stream, there shall be provided a stormwater easement or drainage right-of-way at least 20 feet wide on each side of the watercourse, conforming substantially to the lines of such watercourse, and such further width as will be adequate for the purpose of disposing of stormwaters and for flood control. Such easements shall be deeded to the Township prior to final subdivision.
C. 
Underground utilities. For all major subdivisions, the applicant shall arrange with the serving 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. The applicant shall submit to the Planning Board, prior to the granting of final approval, a written instrument from each serving utility, which shall evidence full compliance with the provisions of this subsection. However, lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the streets involved may be supplied with electric and telephone service connections from the utilities' overhead lines shall be installed underground.
D. 
Traffic signs and control devices. These improvements, such as stop, yield and one-way signs, etc., shall be designed and installed in accordance with applicable federal, state and county regulations. Recommendation as to their installation may be made by the Police Department or other competent agency.
A. 
Minimum standards. Erosion and sedimentation control measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards and specifications of the United States Department of Agriculture Soil Conservation Service, as presently or as may be adopted for use by the appropriate soil conservation district. Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible and changed only with the permission of the Planning Board and the State Water Policy Commission, when applicable.
B. 
Design principles. The following control measures shall be required for an effective erosion and sediment control plan:
(1) 
Any stripping of vegetation, regrading or other development will be done in such a way as to minimize erosion.
(2) 
Development plans shall preserve salient natural features, keep cutfill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and best handle the volume and velocity of surface water runoff.
(3) 
Whenever feasible, natural vegetation should be retained and protected and supplemented.
(4) 
The area and/or duration of exposure of disturbed soils shall be kept to a practical minimum.
(5) 
Disturbed soils shall be stabilized as quickly as practicable.
(6) 
Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
(7) 
The permanent final vegetation and structure should be installed as soon as practical in the development.
(8) 
Provisions should be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of water runoff shall be mechanically retarded.
(9) 
Sediment in the runoff water shall be trapped until stabilization is effected utilizing debris basins, desilting basins, sediment basins or silt traps.
(10) 
No more than 10 building permits will be issued at any one time to a developer. Additional permits shall not be issued until all soil exposure has been eliminated.
C. 
Grading. In order to provide more suitable sites for building and other physical features, to improve surface drainage and to control erosion, the following requirements shall be met:
(1) 
The yards of every structure shall be graded to secure proper drainage away from buildings and dispose of it without ponding, and all land within a development shall be graded to drain and dispose of surface water without ponding, except if otherwise approved by the Planning Board. A minimum slope of 2% away from structures shall be required.
(2) 
All drainage provisions shall be of such design so as to collect on-site runoff and carry surface waters to the nearest practical street, storm drain or natural watercourse. Where drainage swales are used to deliver surface waters away from buildings, the swales shall be sodded or planted as required and shall be of such slope, shape and size to conform to good engineering principles.
D. 
Excavations and fills.
(1) 
No excavation shall be made with a cut face steeper in slope than 1 1/2 horizontal to one vertical (66%), except as approved by the Engineer when handled under special conditions.
(2) 
No fill shall be placed which creates any exposed surface steeper in slope than two horizontal to one vertical (50%), except as approved by the Engineer when handled under special conditions.
(3) 
Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.
(4) 
Retaining walls or cribbing shall be required where needed to prevent the surface of excavations or fills from exceeding, at any point, the maximum allowable slope.
(5) 
Excavations shall not be made so close to property lines as to endanger adjoining property without supporting and protecting the face of the excavation.
(6) 
No fill shall be made so as to cause settlement, sliding or erosion of the soil.
(7) 
No fill shall be made or placed adjacent to the bank of a channel so as to create bank failure or sliding.
E. 
Watercourses and erosion control. No developer shall block, impede the flow of, alter or construct any structure or deposit any material or thing or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the Township or the New Jersey Division of Water Policy and Supply, whichever is applicable.
F. 
Easements. Adequate rights-of-way and/or easements shall be provided for access of men and equipment during construction and afterwards for maintenance.
G. 
Requirements. Each person, corporation or other entity which makes any surface changes shall be required to:
(1) 
Collect on-site runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area.
(2) 
Handle existing off-site runoff through his development, but size any pipe he installs and size any easements and make necessary on-site improvements for a fully developed area upstream.
(3) 
Pay the proportionate share of the total cost of off-site improvements to the common natural watercourse based on a fully developed drainage area.
(4) 
Provide and install, at his expense, in accordance with Township specifications, all drainage and erosion control improvements, temporary and permanent, as required by an erosion and sediment control plan.*
These rules, regulations and standards shall be considered the minimum requirements for the protection of the health, safety and welfare of the citizens of the Township.
Any action taken by the Board under the terms of this chapter shall give primary consideration to the matters mentioned in 163-55 above and to the welfare of the entire community.
If the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of the provisions of this chapter will create exceptional, practical difficulties or will not adversely affect surrounding properties and will not impair the intent and purpose of the Zoning Ordinance[1], this chapter or any other applicable Township ordinance, the Board may permit such a variance or variances as may be reasonable, but no such variance shall waive the requirement of any other Township ordinance or Official Map. An applicant seeking a variance shall apply therefor on forms to be promulgated by the Planning Board. No variance shall be granted except after public hearing, and applicant's notice of hearing served upon property owners pursuant to this chapter shall include a statement that a variance is being sought, setting forth the section or sections of this chapter sought to be varied and the reasons why the applicant seeks said variance or variances. No variance shall be granted without the affirmative vote of a majority of the Planning Board.
[1]
Note: See Ch. 189, Zoning.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval where the literal enforcement of one or more provisions of the chapters are impracticable or will exact undue hardship. Exceptions shall be granted only upon notice by the applicant to the property owners within 200 feet of the site in question in the manner prescribed by 16-9 of the Pequannock Township Land Use Ordinance in conformance with Chapter 291 of the Laws of 1975.[1]
[1]
Note: For current provisions, see now N.J.S.A. 40:55D-56.
Copies of this chapter shall be filed with the county recording officer, the County Planning Board and the Township Clerk and shall be made available to any persons desiring a copy upon the payment of a fee established by the governing body.
Appeals from any decision of the Board pursuant to this chapter shall be made to a court of competent jurisdiction.
Certificates of approval shall be issued by the Township Clerk in accordance with N.J.S.A. 40:55-1.24.[1]
[1]
Note: For current provisions, see now N.J.S.A. 40:55D-56.
A. 
If, before final approval has been obtained, any person transfers or sells or agrees to sell, 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 fine not to exceed two hundred $200 or to imprisonment for not more than 30 days, and each parcel, plat or lot so disposed of shall be deemed a separate violation. A contract for sale where title passes after a specified amount of money and/or time is passed shall be construed as to require subdivision approval.
B. 
Any other violation of the provisions of this chapter shall be punishable by a fine not exceeding $200 or by imprisonment for a term not exceeding 90, or both. Each day that a violation shall continue shall constitute a separate offense.
In addition to the foregoing penalty in 163-62 above, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet the requirements for a building permit under Section et seq. of the Official Map and Building Permit Act (1953), as amended, N.J.S.A. 40:55-1.30 et seq.,[1] the Township may institute and may maintain a civil action:
A. 
For injunctive relief.
B. 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of approval has not been issued in accordance with Section 24 of Chapter 433 of the Laws of 1953, as amended, N.J.S.A. 40:55-1.24.[2]
[2]
Note: For current provisions, see now N.J.S.A. 40:55D-56.
[1]
Note: For current provisions, see now N.J.S.A. 40:55D-32 et seq.
In any such action brought under 163-63 of this chapter, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made which remains in the possession of the subdivider or his assigns or successors to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title-closing expense, if any.
Any such action brought under 163-63 of this chapter must be brought within two years after the date of recording of the instrument of transfer, sale or conveyance of said land or within six years if unrecorded.
[Added 7-25-2000 by Ord. No. 2000-18]
An approval of any subdivision by the appropriate approving authority under the provisions of this chapter and any conditions thereof shall be binding upon the developer/applicant and upon any subsequent heirs and/or assigns. Said approval shall not be amended or altered in any manner without prior approval from the appropriate approving authority. Failure to adhere to an approved subdivision plan or condition of approval contained in a subdivision plan shall be deemed a violation of this chapter.