Township of Mahwah, NJ Land Subdivision

Preliminary subdivision approval.

Final subdivision approval.

Any subdivision requiring conditional approval.

Any subdivision requiring site plan approval.

Any subdivision requiring plan development approval.

Any subdivision requiring a variance any type.

Minor subdivisions.

The initial escrow deposit for subdivision review shall be determined by multiplying the total number of proposed lots or dwelling units multiplied by the unit value from Table 2 added to the fixed fee for the range of lots indicated on Table 2.

Table 2 Subdivision: Engineering Initial Escrow Review Fee
A.	Minor Subdivisions
	(No Public Improvements)
	Total No. of Lots		Escrow Fee
	1 (Consolidation)		$1,300
	2		$2,000
	3		$2,200
B.	Preliminary Major Subdivisions
	Range of Lots or Dwelling Units	Fixed Fee	Fee per Lot or Dwelling Unit
	2-6	$2,000	$1,000/Lot
	7-12	$2,000	$900/Lot
	13-18	$2,400	$800/Lot
	19-24	$4,500	$650/Lot
	25-30	$7,600	$500/Lot
	31-36	$12,000	$350/Lot
	37-42	$17,500	$200/Lot
	43-48	$22,000	$100/Lot
	49 and more	$24,500	$50/Lot
C.	Final Major Subdivision
	Range of Lots	Fixed Fee	Fee per Lot
	2-6	$500	$500/Lot
	7-12	$1,100	$350/Lot
	13-18	$2,100	$250/Lot
	19-24	$3,750	$150/Lot
	25-30	$6,100	$50/Lot
	31-36	$7,000	$25/Lot
	37-42	$17,500	$15/Lot
	43-48	$7,750	$10/Lot
	49 and more	$8,000	$8/Lot

Note: In the instance where a developer files a combined preliminary/final subdivision application the initial engineering escrow review fee shall be the sum of the fees as calculated by Sections B and C above.

Unpaid Fees Establishes Liens. Any professional or consultant fees incurred as part of the site plan approval or subdivision approval shall become a lien upon the subject premises and shall remain a lien upon the subject premises until they are paid directly or satisfied by payment from escrow accounts. Any professional or consultant vouchers which remain unpaid for 30 days or which cannot be satisfied from existing escrow deposits shall be certified by the administrative officer to the Township Assessor, and the Township Tax Collector. The sums shall be levied and collected at the same time and in the same manner as other Township taxes. All such monies received by the collector shall be paid over to the Administrative Officer to be applied only to the purposes for which they were levied.

If an application for development is filed by a person other than the record owner of the premises, the consent of the owner to the filing of the application and to the implementation of this subsection must be indicated in writing on the application.

§ 26-3.3 Public Hearings.

[Ord. #594; 1976 Code § 154-7]

When Required. A public hearing shall be required for the following:

Preliminary major subdivision.

For any subdivision requiring conditional use approval.

For any subdivision requiring site plan approval.

For any subdivision requiring planned development approval.

For any subdivision requiring a variance of any type.

Availability of Maps and Documents Prior to Hearing. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection during normal business hours in the office of the administrative officer at least 10 days before the date of the hearing. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

Notice of Public Hearings.

Notice of a public hearing shall be given to the owners of all real property, as shown on the current tax records, located within 200 feet in all directions of the property in question.

Notice shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for subdivision or development by street address and block and lot numbers as shown on the current tax duplicate in the Township's Assessor's office. The notice will also indicate that the maps and documents will be available at a specific time and location for public inspection pursuant to paragraph b.

Notice shall be given at least 10 days prior to the date of the public hearing.

The applicant shall also cause notice of the hearing to be published in a newspaper of general circulation in the Township at least 10 days prior to the public hearing.

Proof of service upon property owners and proof of publication in affidavit form shall be submitted to the administrative officer no less than 48 hours prior to the commencement of the public hearing.

Certification of List of Persons Entitled to Notice. Upon the written request of an applicant, the Tax Assessor of the Township shall, within seven days, make and certify a list from current tax duplicates of names and addresses of owners to whom the applicant is required to give notice. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.

Other Notification.

Notice of all hearings on applications for development involving property located within 200 feet of an adjoining Municipality shall be given by personal service or certified mail to the clerk of such Municipality.

Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other County land or situated within 200 feet of a Municipal boundary.

Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.

Notice shall be given by personal service or certified mail to the Director of the division of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative agent of the Township.

Effect of Mailing Notice. Any notice made by certified mail shall be deemed complete upon mailing.

Verbatim Recording Required. The approving authority shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The authority shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.

Written Findings and Conclusions. Each decision of the approving authority shall be in writing and shall include findings of facts and conclusions based thereon.

Copies and Notification of Decision.

A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant or, if represented, to his attorney without separate charge, and to all who request a copy of the decision for a fee as specified herein. A copy of the decision shall also be filed by the approving authority in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a fee, as specified herein, and available for public inspection at his office during reasonable hours.

A brief notice shall be published in the official newspaper of the Township. Such publication shall be arranged by the applicant. The period of time in which an appeal of the decision may be made shall run from the publication of the decision.

§ 26-4 MINOR SUBDIVISIONS.

§ 26-4.1 Submission of Application.

[Ord. #594; 1976 Code § 154-8]

An application shall be submitted to the approving authority secretary, in writing, in duplicate, on forms supplied by the authority. Receipt of an application for minor subdivision approval shall be filed no less than 21 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 26-3 shall be submitted with the application form.

§ 26-4.2 Required Information and Data.

[Ord. #594; Ord. #858; 1976 Code § 154-9; Ord. #921]

Map Requirements. The application shall be accompanied by 18 copies of the proposed subdivision accurately drawn to a scale of not less than one inch to 100 feet and certified by a licensed land surveyor. The minor subdivision plat shall be in conformance with the Map Filing Act P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), and shall indicate:

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

All existing structures and wooded areas within the subdivision and within 200 feet thereof.

The name of the owner and of adjoining property owners as disclosed by the most recent Municipal tax records.

The Tax Map sheet, block and lot numbers.

All streets and streams within 400 feet of the subdivision.

The area, in square feet, of all lots to be created.

A key map showing the entire subdivision and its relationship to surrounding areas.

Easements, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes, rights-of-way, drainage easements and prior variances.

Acreage of the entire parcel to be subdivided.

10.

Location of existing or proposed septic tanks or cesspools.

Other Requirements.

The applicant shall be required to submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which minor subdivision approval is sought.

All applicable fees shall be paid prior to any action by the approving authority.

A completed Historic Sites Committee Data Sheet shall accompany the application.

§ 26-4.3 Action by Approving Authority.

[Ord. #594; Ord. #792; 1976 Code § 154-10]

The approving authority shall grant or deny approval within 45 days of submission of a complete and perfected application or within such time as may be consented to, in writing, by the applicant.

Failure of the approving authority to act within the time period shall constitute minor subdivision approval. A certificate by the Township Clerk as to the failure of the approving authority shall be issued on request of the applicant, which signature shall be sufficient, in lieu of the Chairman and Secretary of the approving authority, and shall be so accepted by the County Recording Officer for the purposes of filing subdivision plats.

Whenever review or approval is required by the County Planning Board, the approving authority shall condition its approval upon a timely receipt of a favorable report by the County Planning Board or approval thereon by virtue of inaction within the required time period.

In addition to all other maps required, the approving authority shall condition its approval upon receipt of a reproducible and three copies of a map of the subject property depicting the subdivided lots and the proposed contiguous property lines accurately drawn and certified by a licensed land surveyor at a scale equal to the scale at which the subject property is depicted on the applicable page or pages or overlays of the current Municipal tax map.

§ 26-4.4 Approval.

[Ord. #594; 1976 Code § 154-11]

Minor subdivision approval shall be deemed to be final approval of the subdivision, subject to subsection 26-4.5.

Approval of a minor subdivision shall expire 190 days from the date of approval by the approving authority unless, within such period of time, a plat in conformance with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the County recording officer, the Township Engineer and the Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority.

§ 26-4.5 Effect of Approval.

[Ord. #594; 1976 Code § 154-12]

The zoning requirements and general terms and conditions, whether conditional or otherwise, shall not be changed or abridged for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.

§ 26-4.6 Required Guaranties.

[Ord. #594; 1976 Code § 154-13]

Before recording a minor subdivision plat or deed in lieu thereof, the approving authority may require the installation and maintenance of on-tract improvements. Improvements may require the furnishing of performance and maintenance guaranties which shall be in accordance with Section 26-7.

§ 26-5 PRELIMINARY APPROVAL OF MAJOR SUBDIVISIONS.

§ 26-5.1 Submission of Application.

[Ord. #594; 1976 Code § 154-14; Ord. #921]

An application shall be submitted to the approving authority Secretary, in writing, in duplicate, on forms supplied by the authority. Receipt of an application for preliminary major subdivision approval shall be filed no less than two days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 26-3, shall be submitted with the application form. The application shall be accompanied by a completed Historic Sites Committee Data Sheet.

§ 26-5.2 Preliminary Plat Requirements.

[Ord. #594; 1976 Code § 154-15; Ord. #1706, § 3]

The application shall be accompanied by 15 copies of the proposed subdivision accurately drawn to a scale of not less than one inch equals 100 feet and certified by a licensed land surveyor as to existing features and boundaries. The subdivision plat shall be in conformance with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). All design features shall be prepared by a licensed professional engineer.

Preliminary Plat Details. The preliminary plat shall contain the following:

Date. All revisions shall be noted and dated.

Key map showing the location of the tract with reference to the surrounding properties and existing street intersections.

Title of development, north arrow, scale, block and lot numbers, name and address of record owner and name and address, license number and seal of person preparing the subdivision. If the owner of the premises is a corporation, the name and address of the president and secretary shall be submitted with the application.

All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest 10 seconds.

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

Zoning district in which the parcel is located, together with zone boundaries within 200 feet of the extreme limits of the property in question.

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

Reference to any existing or proposed covenants, deed restrictions or exceptions covering all or any part of the parcel. A copy of such covenants, deed restrictions or exceptions shall be submitted with the application.

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

10.

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

11.

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

12.

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

13.

Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features, including previous flood elevations of watercourses, ponds and marsh areas as determined by survey.

14.

All proposed streets with profiles indicating grading, and cross-sections showing width of roadway, location and width of sidewalks and location and size of utility lines conforming to the Township standards and specifications.

15.

Location of all existing and proposed water lines, valves and hydrants and all sewer lines or alternative means of sewage and sewage disposal and treatment.

16.

Existing and proposed stormwater drainage system. All plans shall be accompanied by a plan sketch showing all existing drainage within 500 feet of any boundary and all areas such as paved areas, grassed areas, wooded areas and any other surface area contributing to the calculations, and showing methods used in the drainage calculations.

17.

Acreage, to the nearest tenth of an acre, of the tract to be subdivided, and the area, in square feet, of all lots.

18.

Any lands subject to the Farmland Assessment Act of 1964 shall be duly noted as to the valuation, assessment and taxation in accordance with subsection 26-10.3 herein.

19.

Such other information or data as may be required by the approving authority or the County Planning Board for determination that the details of the subdivision are in accordance with the standards of this Chapter, Chapter 24, Zoning, and all other applicable laws, ordinances or resolutions.

Highlands Consistency Determination.

Applications for Development in the Preservation Area. No application for development [as defined pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)] involving property located (or partially located) in the Preservation Area of the Highlands Region, for which application submission requirements apply under this paragraph c., shall be deemed complete or considered for review by the applicable Township Land Use Board until and unless the applicant has obtained and provided a copy of:

A Consistency Determination from the Highlands Council indicating that the application is consistent with the Highlands Regional Master Plan;

A Consistency Determination from the Highlands Council indicating that the application is not consistent with the Highlands Regional Master Plan, accompanied by a certification, as detailed in paragraph c3 below, by the applicant's professional(s) that the application has been revised since review by the Highlands Council to achieve consistency with the Highlands Regional Master Plan; or

A Highlands Preservation Area Approval issued by the NJDEP.

Applications for development in the Planning Area. No application for development [as defined pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)] involving property located wholly or partially in the Planning Area of the Highlands Region, for which application submission requirements apply under this paragraph, shall be deemed complete or considered for review by the applicable Township Land Use Board until and unless the applicant has obtained and provided a copy of:

A Consistency Determination from the Highlands Council indicating that the application is consistent with the Highlands Regional Master Plan; or

Findings of Inconsistency. Where a Highlands Council Consistency Determination indicates that an application for development is inconsistent with the Highlands Regional Master Plan, no such application shall be deemed complete or considered for review by the applicable Township Land Use Board, until or unless the applicant has obtained from the professional(s) responsible for preparation of the applicant's plans, a certification indicating that to the best of the knowledge and abilities of such professional(s), the plans have been revised to achieve consistency with the Highlands Regional Master Plan and specifically describing the revisions made to achieve such consistency.

Exclusions. The following specific improvements and related applications shall be excluded from the provisions of this paragraph c.

Any improvement to a single-family dwelling in lawful existence as of the effective date of this paragraph (May 22, 2012), provided that such improvement: a) is related and dedicated solely to the single-family residential use of either the dwelling or the property upon which it is situated; b) results in the ultimate disturbance of less than one acre of land; and c) produces a cumulative impervious surface area of less than 1/4 acre.

The reconstruction, within the same footprint, of any building or other structure lawfully existing as of the effective date of this paragraph, in the event of its destruction or partial destruction by fire, storm, natural disaster, or any other unintended circumstance.

The repair or maintenance of any building or other structure lawfully existing as of the effective date of this paragraph. This exclusion shall not be construed to permit repairs or maintenance activities that alter the footprint of such building or structure.

The interior improvement, rehabilitation, or modification of any building or other structure lawfully existing as of the effective date of this paragraph. This exclusion shall not be construed to permit activities that alter the footprint of such building or structure.

The attachment of signs or other ornamentation to any building or structure, to the installation of windows, doors, chimneys, vents, shafts, heating, ventilation, or air conditioning equipment, or to any other such improvement to a building or structure provided it occupies a surface area footprint of not more than 50 square feet. This exclusion shall not be construed to permit ultimate disturbance or cumulative impervious surface in excess of that provided at paragraph c4(a), above, for single-family dwellings.

Any improvement or alteration to a building or other structure lawfully existing as of the effective date of this paragraph, where such improvement or alteration is necessary for compliance with the provisions of the Americans with Disabilities Act, or to otherwise provide accessibility to the disabled.

Any activity, improvement or development project located (or partially located) in the Preservation Area deemed by NJDEP to constitute a non-Major Highlands Development in a Highlands Applicability Determination issued pursuant to N.J.A.C. 7:38-2.4.

Exemptions. Any activity, improvement or development project listed and demonstrated to constitute a Highlands Act exemption shall be exempt from the provisions of this paragraph.

Demonstration of a Highlands Act exemption for an Application for Development involving lands located (or partially located) in the Preservation Area shall consist of a Highlands Applicability Determination issued by the NJDEP pursuant to N.J.A.C. 7:38-2.4.

Demonstration of a Highlands Act exemption for an Application for Development involving lands located wholly in the Planning Area shall consist of a Highlands Exemption Determination issued by the Highlands Council.

Waiver. The Township may issue a waiver from the provisions of this paragraph where it can be established by the applicant and can be verified by the designated representative(s) of the Township that:

The activity, improvement or development proposed by the subject application for development has not yet been formally determined to be exempt from the Highlands Act, but eligibility for an exemption has been sufficiently established by the applicant; or

The activity, improvement or development proposed in the application for development will neither encroach upon a Highlands Resource or Highlands Resource Area, nor be of detrimental impact to any Highlands resource or Highlands Resource Area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's professional(s) responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the Highlands Resources and Resource Areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.

Highlands Council Call-Up. All municipal waivers or findings of application completeness issued pursuant to this paragraph shall be subject to Highlands Council call-up review and the municipality shall specifically include conditions of this review consistent with this paragraph. In all such cases, the municipality shall within five calendar days of issuance, provide notice to the applicant and to the Highlands Council of any waiver or finding of application completeness made pursuant to this paragraph. The Highlands Council call-up review period shall expire 15 calendar days following its receipt of such notice. Absent any notice to the municipality from the Highlands Council within that timeframe, the application shall be considered complete, with the date of the waiver or application completeness to be as of the date of first issuance by the municipality. Upon determining to exercise this authority for call-up review, the Highlands Council shall transmit notice to the applicant and the municipality.

§ 26-5.3 Procedural Requirements for Preliminary Approval.

[Ord. #594; Ord. #858; 1976 Code § 154-16; Ord. #1313, § 2]

Preliminary Subdivision Plat Review.

The applicant shall submit the preliminary subdivision application and plat maps and payment of all required fees to the administrative officer, who shall submit copies of the preliminary plat to the following:

Approving Authority Engineer.

Chief of Police.

Board of Health.

Water and Sewer Consultants.

Planning Consultant.

Fire Prevention Bureau.

Shade Tree Commission.

(h)

Environmental Commission.

(i)

Construction Official.

(j)

Superintendent of Public Works.

(k)

Historic Preservation Commission.

The persons and Boards shall make recommendation to the approving authority, in writing, within 45 days of the application submission. The Board shall take the recommendations into account but shall have the authority to proceed in the absence of such recommendations if the Board finds such recommendations not to be essential to its determination.

If the preliminary plat is found to be incomplete, the applicant shall be notified thereof within 45 days of the date of submission or it shall be deemed to be perfected as to content.

Where adjustments or changes are required in the plat submission, the applicant shall be required to modify the plat in order to qualify as a perfected application as to content and for public hearing purposes.

County Planning Board and Other Governmental Agency Approvals. Any subdivision application requiring County Planning Board or other governmental agency approvals shall be submitted by the applicant to the Bergen County Planning Board or other governmental agency for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or approval by the County Planning Board or other governmental agency by its failure to report thereon within the required time period. A preliminary subdivision requiring County Planning Board or other governmental agency approval which may not have been received at the time of the public hearing in the Township shall require the public hearing to be continued until such time as the required reports are received or by the failure to report thereon within the required time period.

Other Requirements.

The applicant shall be required to submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which preliminary approval is sought.

All applicable fees shall be paid prior to any action by the approving authority.

Public Hearings. Upon submission of a perfected application, the approving authority shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in subsection 26-3.3 for public hearings.

Time Period in Which to Act. The approving authority shall grant, condition or deny preliminary subdivision approval within 45 days of a perfected application or within such further time as may be consented to by the applicant for subdivisions of 10 or fewer lots or 95 days for subdivisions containing more than 10 lots. Failure of the approving authority to act within the prescribed time period, or to obtain an extension from the applicant, in writing, shall constitute a preliminary approval by the approving authority.

§ 26-5.4 Effect of Preliminary Approval.

[Ord. #594; 1976 Code § 154-17]

Except as provided herein, preliminary approval of a major subdivision shall confer the following rights for a three-year period from the date of approval to the applicant:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements, except that nothing herein shall be construed to prevent the Township from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat, as the case may be.

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

In the case of a subdivision of 50 acres or more, the approving authority may grant the rights referred to in paragraph a1, 2 and 3 above for such period of time longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the approving authority may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, the economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards shall govern beyond the three-year period.

Failure to obtain final approval within the prescribed time limits, as herein defined, shall void the preliminary plat approval.

§ 26-6 FINAL APPROVAL OF MAJOR SUBDIVISIONS.

§ 26-6.1 Submission of Application.

[Ord. #594; 1976 Code § 154-18; Ord. #921]

An application shall be submitted to the approving authority Secretary, in writing, in duplicate, on forms supplied by the authority. Receipt of an application for final subdivision approval shall be filed no less than 21 days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 26-3, shall be submitted with the application form. The application shall be accompanied by a completed Historic Sites Committee Data Sheet.

§ 26-6.2 Plat Requirements.

[Ord. #594; Ord. #858; 1976 Code § 154-19]

The application shall be accompanied by 18 copies of the proposed final subdivision. The plat shall not differ substantially from the approved preliminary plat.

Final Plat Details. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch to 100 feet and in compliance with all the provisions of the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). The final plat shall show or be accompanied by the following:

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

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

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

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

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

Minimum building setback line on all lots and other sites.

Location and description of all monuments.

Names of owners of adjoining unsubdivided land.

Certification by surveyor as to accuracy of details of plat.

10.

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

11.

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

12.

A proposed grading plan of the subdivision, prepared at a scale of not less than one inch to 50 feet, showing the proposed layout of the subdivision, all proposed streets and improvements, all proposed floor elevations of all existing and proposed buildings and all proposed ground elevations within the entire subdivision to ensure proper drainage within the subdivision, and further to ensure that no adverse condition would be created to the adjoining properties as a result of the proposed subdivision.

13.

Proposed final grades of all streets shall be shown at a scale of one inch equals five feet vertical and one inch equals 50 feet horizontal, on sheets 22 inches by 36 inches, and drawings shall include both plans and profiles and shall show elevations of all monuments, referred to United States Coast and Geodetic Survey level bench marks, and such elevations shall be shown in feet and hundredths of a foot.

14.

Plans and profiles of storm and sanitary sewers and water mains.

15.

Certificate from the Tax Collector that all taxes are paid to date.

16.

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

§ 26-6.3 Procedural Requirements for Final Approval.

[Ord. #594; 1976 Code § 154-20; Ord. #1169, § I]

Final Subdivision Plat Review.

The applicant shall submit the completed application and maps and the payment of all required fees to the administrative officer, who shall submit copies of same to:

Engineer.

Board of Health.

Water and Sewer Consultants.

Shade Tree Commission.

Environmental Commission.

Planning Consultant.

Fire Prevention Bureau.

(h)

Chief of Police.

The persons and boards shall make recommendations, in writing, to the approving authority within 45 days of the application submission.

Determination as to Compliance. The Township Engineer and planner and the approving authority attorney shall advise the approving authority of the following:

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

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

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

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

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

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

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

The amounts to be deposited for water capacity charges.

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

Applicant's Responsibilities. The applicant shall be required to submit the following for the approving authority approval:

A developer's agreement, prepared by the approving authority attorney, setting forth the obligations of the applicant in connection with the final approval.

A performance guaranty, in a form satisfactory to the approving authority and Township, complying with Section 26-7 of this Chapter, and guaranteeing performance of the developer's agreement.

Maintenance guaranties, if any, for work completed prior to final approval.

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

Funds to be deposited to reimburse the approving agency and Township for costs incurred or to be incurred for legal, engineering, planning and other consultant reports, for recording fees, for costs arising from revisions to the Municipal tax maps, and for any other costs anticipated by the Board.

Evidence of compliance with any other conditions imposed by the Board.

Proof of payment of taxes and assessment as established in subsection 26-5.8, paragraph c.

County Planning Board and Other Governmental Agency Approvals. Any final approval required for County subdivision approval or by other governmental agencies shall be submitted by the applicant to the Bergen County Planning Board or other governmental agencies for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or approval by the County Planning Board or other governmental agency by its failure to report thereon within the required time period.

Approving Authority Action.

Final approval shall be granted or denied within 45 days after submission of a complete and perfected application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the Township Clerk as to the failure of the approving authority to act shall be issued at the request of the applicant and it shall be sufficient, in lieu of the written endorsement or other evidence of approval, and shall be so accepted by the County recording officer for purposes of filing subdivision plats.

Upon final approval by the approving authority and after all required signatures are placed on the original tracing, the administrative officer shall request the applicant to prepare one cloth print and one Mylar reproducible and 15 copies made of such final plat as approved and to file a copy thereof with each of the following:

Administrative officer.

Approving authority engineer.

Tax Map coordinator.

Planning Consultant.

Construction Official.

Tax Assessor.

Township Clerk.

(h)

Water and Sewer Consultants.

(i)

Board of Health.

(j)

Superintendent of Public Works.

(k)

Shade Tree Commission.

(l)

Environmental Commission.

(m)

Police Chief.

(n)

Fire Prevention Bureau.

In addition to all other maps required, the approving authority shall request the applicant to prepare one reproducible and three copies of a map of the subject property depicting the proposed subdivided lots and the proposed contiguous property lines accurately drawn and certified by a licensed land surveyor at a scale equal to the scale at which the subject property is depicted on the applicable page or pages or overlays of the current Municipal tax map.

In addition to all other maps required, the approving authority shall require the applicant to prepare and submit one reproducible and three copies of a revised Official Municipal Street Map depicting the proposed new roadways accurately drawn and certified by a licensed land surveyor at a scale equal to the scale at which the subject property is depicted on the current municipal street map.

Final Subdivision Approval Plats; Filing.

Final subdivision approval shall expire 95 days from the date of signing of the plat, unless within such period the plat shall have been duly filed by the applicant with the County recording officer. The approving authority may, for good and sufficient cause shown, extend the period of recording for an additional period not to exceed 190 days from the date of signing the plat.

No subdivision plat shall be accepted for filing by the County recording officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority or a certificate has been issued pursuant to Chapter 291 of the Laws of 1975. The signature of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to Section 26-7 of this Chapter. If the County recording officer records any plat without such approval, such recording shall be deemed null and void; and, upon request of the Township, the plat shall be expunged from the official records.

It shall be the duty of the County recording officer to notify the approving authority, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.

§ 26-6.4 Effect of Final Approval.

[Ord. #594; 1976 Code § 154-21]

The zoning requirements applicable to the preliminary subdivision approval first granted and all other rights conferred upon the applicant pursuant to subsection 26-5.9 of this Chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approvals, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the applicant has followed the standards prescribed for final approval and has duly recorded the plat as required, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this Chapter, the granting of final approval terminates the time period of preliminary approval, pursuant to subsection 26-5.9 of this Chapter, for the section granted final approval.

In the case of a subdivision or site plan for a planned development or planned residential development or residential cluster of 50 acres or more or conventional subdivision for 150 acres or more, the approving authority may grant the rights referred to in paragraph a for such period of time longer than two years as shall be determined by the approving agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the economic conditions and the comprehensiveness of the development. The applicant may apply thereafter, and the approving authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, the economic conditions and the comprehensiveness of the development.

§ 26-7 ON-TRACT IMPROVEMENTS.

§ 26-7.1 Types of On-Tract Improvements Required.

[Ord. #594; 1976 Code § 154-22; Ord. #1196, § VIII]

Before recording final subdivision plats, the approving authority shall require that the applicant shall have installed or shall have furnished performance guaranties for the installation of on-tract improvements in accordance with Township specifications as follows: streets, street signs, grading, pavement, curbs, gutters, sidewalks, walkways, street lighting, shade trees, water mains, fire hydrants, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and surveyor's monuments as required by the Map Filing Law, P.L. 1960 c. 141 (N.J.S.A. 46:23-9.9 et seq.).

All such required improvements shall be certified by the Township Engineer, unless the applicant shall have filed a performance guaranty sufficient in amount to cover the cost of all such improvements or incompleted portions thereof as estimated by the Township Engineer.

The cost of the installation of such required improvements shall be estimated by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the Municipality. The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals.

§ 26-7.2 Performance Guaranties.

[Ord. #594; 1976 Code § 154-23; Ord. #1195, § IV]

The procedures for posting, reducing and releasing subdivision performance guarantees shall be the same procedure as set forth in subsection 22-7.2 of the site plan regulations in the Code of the Township of Mahwah.

§ 26-7.3 Maintenance Guaranties.

[Ord. #594; 1976 Code § 154-24]

Prior to the acceptance of any on-tract improvement herein, a maintenance guaranty shall be furnished in favor of the Township for a period not to exceed two years after final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvement.

§ 26-7.4 Improvements Involving Other Governmental Agencies or Public Utilities.

[Ord. #594; 1976 Code § 154-25]

In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.

§ 26-8 OFF-TRACT IMPROVEMENTS.

§ 26-8.1 General Requirements.

[Ord. #594; 1976 Code § 154-26]

Any subdivision requiring off-tract improvements, as defined herein, shall comply with the provisions of this section.

An off-tract improvement shall be one or more required improvements which are necessary for the successful completion of a development in the interest of furthering the public health, safety and general welfare and where said improvements are located off tract.

An off-tract improvement shall be required where either the existing facilities serving the area or subarea are already operating at a deficient level of service or the inclusion of a new development will make such present level of service deficient according to engineering standards utilized in determining such levels of service.

The proportionate contribution of any such off-tract improvement to the applicant shall be reasonable related to the relative benefit or use of the total area so served.

Under the conditions of this Chapter, off-tract improvements shall be limited to new or improved water distribution, sanitary sewage disposal and distribution and stormwater and drainage distribution facilities and all necessary appurtenances thereto and utility easements, and to new or improved street and right-of-way widths, traffic regulation and control devices, intersection improvements, utility relocation where not provided elsewhere and other traffic, circulation and safety factors which are directly related to the property or properties in question. Off-tract improvements shall not include the improvement costs for an entire utility, system or street system or major segment thereof, including sewage treatment plants, water supply or treatment facilities of substantial street construction or improvements or other similar undertaking unless the improvement is significantly affected by the property or properties in question.

§ 26-8.2 Determinations by Approving Authority.

[Ord. #594; 1976 Code § 154-27]

Each subdivision requiring approving authority approval shall be subject to a determination and findings as follows:

That certain off-tract improvements are or are not necessary to implement such subdivision.

That, in instances where off-tract improvements are required, the terms and conditions which shall be imposed upon the applicant shall ensure the successful and reasonable implementation of same.

Regulations governing off-tract improvements shall be based upon circulation and comprehensive utility plans pursuant to the adopted Master Plan of the Township Planning Board or adopted utility or circulation plans of the Township or other governmental or utility authority.

In the event that the approving authority determines that one or more improvements constitute an off-tract improvement, the approving authority, by resolution, shall notify the Township Council of same specifying the authority's recommendation relative to the estimated cost of same, the applicant's pro rata share of the cost and possible methods or means to implement same, including but not limited to performance and maintenance guaranties, cash contributions, developer agreements and other forms of surety.

Action by an approving authority relating to off-tract improvements shall be deferred until the Township Council has had an opportunity to review the recommendations of the approving authority and has made a determination as to the responsibility it shall accept. It is clearly understood that the Township is under no responsibility to construct, install or provide off-tract improvements to accommodate a subdivision approval.

Where an applicant pays the amount determined as the pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount. No building permit shall be issued until the expiration of the one-year period or until such time as the applicant shall waive such provisions of this Chapter.

The approving authority shall not take any final action on a preliminary subdivision until all aspects of such conditions have been mutually agreed to by both the applicant and the Township Council and a written resolution to that effect by the Township Council has been transmitted to the approving authority.

§ 26-8.3 Methods of Implementation.

[Ord. #594; 1976 Code § 154-28]

Performance and Maintenance Guaranties. Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedure and requirements as specified in Section 26-7.

Development Agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this Chapter or by the approving authority, the agreement shall be in accordance with subsection 26-6.3 paragraph c. Agreement may specify the amount of any cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the Township.

Conditions Not Requiring Cash Contributions. Cash contributions for off-tract improvements shall not be required under any of the following terms or conditions.

Where other County or State agencies or utility authority have jurisdiction over the subject improvement and require a cash contribution, guaranty or other surety of the application in lieu of such conditions imposed by the Township.

Where a benefit assessment or other similar tax levy is imposed upon the applicant and other landowners similarly situated within a designated service area for the off-tract improvements provided.

Where the applicant, where legally permissive, can undertake the improvements in lieu of the Municipality, subject to standards and other conditions as may be imposed by the Township.

Method of Payment of Cash Contributions. Where a cash contribution is required, the contribution will be deposited with the Treasurer of the Township with transmittal letters forwarded to the Township Council, the Township Engineer and the approving authority. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds shall be returned to the owner of record of the properties, provided that the conditions specified in paragraph c have not been imposed. Where such condition does exist, funds held in escrow will be returned as soon as practical to the owner of record of the properties.

§ 26-8.4 Determination of Cost to Applicant.

[Ord. #594; 1976 Code § 154-29]

Where a cash contribution or other financial distribution is determined, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:

Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements: The applicant's proportionate cost shall be in the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

Water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties, in gallons per day, for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

Sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated daily flow, in gallons, to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow from the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development, in gallons per minute, to the sum of the present peak flow deficiency in the existing system or subsystems and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.

Stormwater and drainage improvements, including the installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith: The applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the sum of the existing peak flow, in cubic feet per second, deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies.

§ 26-9 DESIGN STANDARDS.

§ 26-9.1 General Requirements.

[Ord. #594; Ord. #653; 1976 Code § 154-30; Ord. #1297, § I]

The applicant shall observe the following requirements and principles of land subdivision in each subdivision or portion thereof.

The subdivision plat shall conform to the design standards that will encourage good development patterns within the Township. Where either an Official Map or Master Plan, or both, have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an adopted Master Plan or Official Map shall be considered in the approval of subdivision plats.

Surface Water Runoff. The development shall not create more than a 0% increase in surface water runoff.

Floor Elevations. All subdivision plans shall indicate the proposed floor elevation for proposed single family residential lots. If as-built plans submitted for a residence show floor elevations which vary by more than 1.5 feet from the approved floor elevations then the applicant/owner must receive approval of the deviation from the Planning Board prior to receipt of a certificate of occupancy for the residential dwelling unit. If there is a deviation of less than 1 1/2 feet in the floor elevation as shown by an as-built drawing, then the deviation shall be approved by the Township Engineer prior to issuance of a certificate of occupancy.

§ 26-9.2 Streets.

[Ord. #594; 1976 Code § 154-31]

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 with a minimum right-of-way of 50 feet.

Minor Streets. Minor streets shall be so designed as to discourage through traffic unless deemed necessary by the approving authority.

Regional Highways. Subdivisions abutting regional highways may be required to provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the approving authority determines to be appropriate.

Minimum Right-of-Way Width. The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet in any case, except when shown at a greater width on the Master Plan or Official Map of the Township or the street constitutes an extension of an existing street with a greater width than 50 feet.

Substandard Street Right-of-Way. In connection with subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map of the street width requirements of this Chapter, the applicant shall dedicate additional width along either one or both sides of the road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

Street Grades. Grades of arterial and collector streets shall not exceed 6%. No street shall have a minimum grade of less than 1/2%.

Street Intersections. Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curb line with a curve having a radius of not less than 25 feet.

Street Jogs. Street jogs shall have center-line offsets of not less than 125 feet.

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

Street Line Deflection. When connecting street lines deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.

Change in Grade. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

Cul-de-Sac Streets. Dead-end streets (cul-de-sac) shall not be longer than 1,000 feet and shall provide a turnaround at the end with a radius of not less than 50 feet and shall be tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

Street Names. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

§ 26-9.3 Block Patterns.

[Ord. #594; 1976 Code § 154-32]

Block length and width or acreage within bounding roads shall be such as to accommodate the side of lots required in the area by Chapter 24, Zoning, and to provide for convenient access, circulation control and safety of street traffic.

In blocks of 1,000 feet or more feet in length, pedestrian crosswalks may be required in locations deemed necessary by the approving agency. Such walkways shall be at least 10 feet wide in the right-of-way with a five-foot wide improved pavement surface. The walkway may also include other improvements, including streetlighting.

For all uses, including commercial, industrial and planned development group areas, block sizes shall be sufficient to accommodate the proposed uses and to permit reasonable access, circulation and fire-fighting and emergency services.

§ 26-9.4 Lots.

[Ord. #594; 1976 Code § 154-33]

Lot dimensions and areas shall not be less than the requirements of Chapter 24, Zoning.

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

Each lot must front upon an approved and improved street with a right-of-way width of at least 50 feet, except as provided herein.

Where extra width has been dedicated for the widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, drainage conditions, watercourses, historic sites, flood conditions or similar circumstances, the approving agency may, after adequate investigation withhold approval of such lots.

§ 26-9.5 Public Uses; Natural Areas; Floodways.

[Ord. #594; 1976 Code § 154-34]

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.

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

Any public use, as defined herein, shall be of suitable size, shape and location under the provision of reservation contained herein.

§ 26-9.6 Water Mains, Culverts and Storm Sewers.

[Ord. #594; 1976 Code § 154-35]

All installations of water mains, culverts and storm sewers shall be connected with an approved system and shall be adequate to handle all present and probable future development.

§ 26-9.7 Sanitary Sewers.

[Ord. #594; 1976 Code § 154-36]

Sanitary sewers, whether to be connected to a public sewer system immediately or in the future, shall be installed in accordance with the Report on the Master Plan for Sewerage of the Township of Mahwah and in accordance with standards prescribed by the Township Sewer Consultants applicable to all sewer installations in the Township.

§ 26-9.8 Underground Utilities.

[Ord. #594; 1976 Code § 154-37]

For all major subdivisions the applicant shall arrange with the serving utility for the underground installation of all utility distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariffs as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from such overhead lines, but the service connections from the utilities overhead lines shall be installed underground. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as a part of the complete subdivision plan.

Whenever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 20 feet in width shall be provided.

The approving agencies of the Township may, in their discretion, waive the installation of the underground utilities where such installation will result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the applicant by reason of exceptional topographic conditions or by reason or other extraordinary and exceptional situation or condition of the lands in such subdivision.

The approving agencies of the Township may waive the installation of underground utilities when such installation will result in peculiar and exceptional practical difficulties or in undue physical hardship on the applicant by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional existing conditions of the lands in such subdivision.

Any waiver granted pursuant to the preceding subparagraph shall be expressly set forth in a Developer's Agreement between the developer and the Township. If a waiver is requested subsequent to the execution of a Developer's Agreement for the subject property, a written request for a waiver must be submitted to the approving agency. The approving agency shall recommend approval or denial of the request within 30 days of receipt of the written request. The Township Council shall approve or deny the requested waiver by a simple majority vote within 30 days of receipt of the recommendation. A failure to act within 30 days shall be deemed a denial of the request. Any waiver granted by the Township Council subsequent to the execution of the Developer's Agreement shall be expressly set forth in a written amendment to the Developer's Agreement.

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

§ 26-9.9 Topsoil Protection; Soil Erosion.

[Ord. #594; 1976 Code § 154-38]

Soil removal shall be in accordance with Chapter 20, Soil Management. No topsoil shall be removed from the site or used as spoil.

All applications for subdivision shall be in accordance with the Mahwah Township Soil Erosion and Sediment Control Ordinance; or, where same has not been adopted, the applicant shall meet the requirements of Chapter 251 of the Laws of 1975, the New Jersey Soil Erosion and Sediment Control Act.

§ 26-10 OPEN SPACE; PUBLIC AREAS; FARMLAND ASSESSMENT AREAS; PLANNED DEVELOPMENTS.

§ 26-10.1 Standards for Establishment of Open Space Organizations.

[Ord. #594; 1976 Code § 154-39]

Under the provisions of this Chapter and the State statutes, the Township, other government agencies, the Board of Education and State, County and other public bodies can be designated to maintain and accept public open space for recreational or conservational uses. These public agencies can accept and maintain such open space, provided that the dedication is not conditioned upon same being made available to public use.

Where a subdivision is required, this Chapter shall require that the developer provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development if the open space is not dedicated to the Municipality or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township wherein the land is located.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer designated by resolution to administer this section may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing the designated Municipal body or administrative officer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they may be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one-year, may enter upon and maintain such land. Entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the designated Township body or officer, as the case may be, shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by such Township body or officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the designated Township body or officer shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Township shall cease to maintain the open space at the end of the year. If the Township body or officer shall determine that such organization is not ready and able to maintain the open space in a reasonable condition, the Township may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township body or officer in any such case shall constitute a final administrative decision, subject to judicial review.

If the Township body or officer is not designated by resolution to administer this section, the Township Council shall have the same powers and be subject to the same restrictions as provided in this section.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 26-10.2 Reservation of Public Areas.

[Ord. #594; 1976 Code § 154-40]

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

Compensation to Applicant. The applicant shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instances, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The applicant shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval caused by the reservation.

§ 26-10.3 Valuation, Assessment and Taxation of Land Pursuant to Farmland Assessment Act.

[Ord. #594; 1976 Code § 154-41]

Any parcel of land receiving preliminary subdivision, site plan or planned development approval for a use other than agriculture or horticulture, notwithstanding its valuation, assessment and taxation as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), shall be valued, assessed and taxed as of January 1 of the year following such preliminary approval as other land in the taxing district, such value and assessment to be established and taxes paid in accordance with the provisions of Sections 8 and 9 of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), provided that the provisions hereof shall apply serially to any development whose preliminary approval proposes construction in stages and separate application for final approval for each stage and only that stage of the development designated for the earliest application for final approval shall be valued, assessed and taxed, as provided herein, until Certificates of Occupancy for 50% of the building permits in such stage have been issued, at which time the second stage shall be valued, assessed and taxed, as provided herein, and so on until qualification for valuation, assessment and taxation pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), lapses for the last stage of such development.

Any parcel of land otherwise qualifying as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), for which preliminary approval shall have lapsed pursuant to law or for which the owner thereof shall have made request, in writing, to the Township Council for rescinding of such preliminary and all subsequent approvals shall be assessed, valued and taxed in the manner provided in the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), as of January 1 of the year following such lapse or rescission.

Any parcel of land to which the provisions of paragraph a hereof are applicable but which cannot be developed because of the lack of available sanitary sewerage or water supply capacity necessary to serve such development shall be exempt from the operation of the provisions of paragraph a herein for the period from January 1 of the year following the calendar year in which such development becomes impracticable because of such lack of capacity to January 1 of the year following the calendar year in which such capacity becomes available.

The provisions of this subsection shall apply to any parcel of land designated as an agricultural or horticultural use pursuant to the provisions of the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), which has tentative or subsequent planned development approval or site plan approval on the effective date of this Chapter.

§ 26-10.4 Planned Development Groups.

[Ord. #594; 1976 Code § 154-42]

Comprehensive Plan Required. The applicant for a planned development group shall be required to submit a comprehensive plan for the entire area so zoned and under the applicant's control. Plan shall be submitted in accordance with this Chapter, Chapter 22, Site Plan Review, Chapter 24, Zoning, and other applicable Municipal, County and State regulations. The comprehensive plan shall be submitted as a part of the preliminary subdivision application.

Findings for Planned Developments. The approving authority shall find the following facts and conclusions relative to planned developments:

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to Chapter 24, Zoning, standards pursuant to State statutes.

That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.

That the provisions, through the physical design of the proposed development, for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

In the deliberation of the proposed sequence of stages, the approving authority shall be guided by the following criteria and factors:

That each stage is substantially self-functioning and self-sustaining with regard to access, utility services, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.

That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.

That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guaranties, covenants and other formal agreements.

That the landowner will provide a balanced distribution for development in each stage. Distribution shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.

The approving authority, at its discretion, may require additional documentation and study by the applicant, including:

A market feasibility study and other possible study techniques of the demand for the principal proposed uses within each stage and the probable rental prices or sales costs for such facilities and other relevant market data.

A cost benefit analysis or other similar study to review the relative estimated Municipal costs, services and ratables which might be anticipated for each stage of development.

An operational time sequence chart of anticipated construction and completion of various stages of development, including all necessary Municipal and other governmental approvals which are required. The chart may be in the form of a Program Evaluation Review Technique (PERT) Chart.

A circulation study both within the planned development and as it may affect the surrounding areas, including estimates of total automotive trips generated, peak-hour demand, present and anticipated traffic volumes, existing street capacities and other elements which may influence and be influenced by the proposed planned development.

Final Approval; Compliance with Comprehensive Plan.

A plat submitted for final approval shall be required to be in substantial compliance with the comprehensive plan. A plan shall be deemed to be in substantial compliance where the plat does not:

Vary the proposed residential density or intensity of use by more than 5%;

Involve a reduction in open space or the substantial relocation of such area nor increase by more than 5% of the floor area proposed for nonresidential use; or