Any subdivider of land within the Township prior to subdividing or resubdividing land as defined in this chapter shall submit an application for subdivision to the Administrative Official as required by Article II of this chapter for the purposes of classification, discussion and action.
A.
Planned Developments. Subdivision plats for planned developments
shall conform to the requirements for conventional subdivision plats
as well as to the requirements for planned developments. In the event
of a conflict, the planned development requirements shall supersede
subdivision plat requirements. The following additional requirements
shall be satisfied prior to preliminary approval:
(1)
The staging proposals for any planned development shall ensure that
each stage shall encompass a balanced mix of land uses in proportion
to the mix for the entire development and that each stage shall provide
for completion of all streets, utilities and services necessary for
the section, whether located within or outside the section.
(2)
The Planning Board may authorize a greater concentration of density
or intensity within a stage but only where offset by a lesser concentration
in any completed prior stages or offset by an appropriate reservation
of open space on the remaining land by grant of easement or covenant
in favor of the municipality.
(3)
The legal documents proposed to provide for deed restrictions, cross-access
agreements and cross-maintenance agreements have been submitted and
found to satisfactorily provide for the public's interests.
(4)
All open space created shall be set aside as a separate parcel and
maintained for the benefit of the owners and/or residents of the development
in accordance with N.J.S.A. 40:55D-43.
(5)
The Planning Board shall determine the appropriateness of proposed
dedications of open space prior to granting subdivision approval.
Unless dedicated for public use, organizations shall be established
for the ownership and maintenance of all open space parcels.
(a)
The developer shall provide for an organization pursuant to
N.J.S.A. 40:55D-43 for the ownership and maintenance of open space
created under a planned development.
(b)
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 municipality.
(c)
All owners of property within a planned development shall be
required to become members of the owners' association charged with
ownership and maintenance of open space and other common facilities.
All properties shall include a provision in their deeds requiring
membership in the homeowners' association. This requirement shall
pass from owner to owner as a deed restriction.
(d)
The following legal documents proposed in the establishment
of the required owners' association shall have been submitted and
found to conform to the objectives of the plans and proposals for
the planned development and the intent of this chapter:
[1]
The enabling declaration shall set forth the developer's intent
to charge an association with certain responsibilities, including
the covenants which set forth the purchaser's responsibilities and
obligations, including the provisions for ownership and management
of the common areas; the establishment of association assessments
as a lien against all lots; the rights of members, including voting
rights; the basis for assessments; the basis for enforcement of covenants
by the association; and the process of amendments.
[2]
The articles of incorporation shall establish the association
and shall set forth the name of the association, the name and address
of principal officers at the time of incorporation and the purpose
and powers of the association. It shall set forth terms of membership
and voting rights; create the initial board of directors; and establish
procedures for dissolution, the duration of the association in the
absence of dissolution, the basis for amendments to the articles of
incorporation and the severability of provisions.
[3]
The bylaws shall set forth the meeting of the association; the
basis for a quorum; provisions for vote by proxy; and the notice of
meetings. Bylaws shall set forth the terms of office for the board
of directors; the composition of the board; the method of nomination;
the method of election; and the handling of resignations, removals,
vacancies and compensation, as well as the conduct of board meetings.
They shall also set forth the power and duties of the board. The officers,
their means of election, terms of office and their duties shall be
described. The committees required or the basis for their establishment
shall be defined. The fiscal year shall be established; the indemnification
of officers shall be described; and the basis for amendment shall
be set forth.
[4]
The proposed form of deed clause referring to the declaration
and clarifying the title to common property adjacent to a lot.
[5]
An information brochure designed to help ensure that all purchasers
are informed of the association. It shall restate in clear text the
relationship between the association, the purchaser and the developer.
It shall cover the major elements of common area identification, ownership
and use; the structure of the association; dues; officer and director
selection and election; architectural controls; liens; annexation;
dissolution; and other areas.
(e)
The plat shall contain specifics of the enabling declaration
dealing with the title to the common property; the granting of easements
of enjoyment; and an indication as to whether the designated areas
are dedicated for use by the general public or are, or are intended
to be, conveyed to an association.
(f)
Any condominium or homeowners association filings with the New
Jersey Department of Community Affairs shall also be filed with the
Planning Board.
(6)
Residential clusters shall conform to the following requirements:
(a)
Each cluster shall be restricted to one type of land use/housing
type in a contiguous group.
(b)
The total number of dwelling units, or lots for single-family
dwellings, shall not exceed the allowable density multiplied by the
tract area to be improved for residential use plus any open space
set aside for residential use.
(c)
Where proposed open space for residential use is not dedicated
to public use, the cluster shall contain a minimum of 80 dwelling
units.
(d)
Building lots shall conform to the requirements for the alternative
zone as if developed in that zone and shall maintain continuing compliance
with said zone requirements.
(e)
Developed open space parcels shall be designed to accommodate
pedestrian ways of not less than 10 feet in width and recreation sites
of not less than 2,500 square feet in area.
B.
Lot Suitability. All proposed subdivisions shall provide for building
lots which individually have a developable area equal in size to the
required minimum lot size for the intended use and the zone in which
the lot is situated.
Sketch plats shall be prepared by a New Jersey licensed professional
engineer and/or land surveyor. Surveys shall be prepared by a New
Jersey licensed land surveyor and improvements to or adjacent to the
site shall be prepared by a New Jersey licensed professional engineer.
Each professional shall sign and seal the sketch plat. The sketch
plat shall be prepared to an engineering scale based upon an accurate
survey at a scale of not less than one inch equals 100 feet, to enable
the entire tract to be shown on one sheet, and of a size to comply
with the New Jersey Map Filing Law,[1] and shall contain the following details:
A.
A key map showing the location of the land to be subdivided in relation
to the surrounding area at a scale of one inch equals 2,000 feet,
two-inch square minimum.
B.
A title block giving the name of the subdivision, the present owner
of the land, name and license number of person who prepared the map,
scale of the map, North arrow and space for the signatures of the
Secretary and Chairman of the municipal agency.
C.
A map of the entire tract of land being subdivided showing all existing
and proposed property lines, easements, rights-of-way, street names,
power lines, structures, streams, drainage facilities and wooded areas
within the area of the entire tract.
D.
The name of all adjoining property owners and owners of property
directly across the street as disclosed by the most recent municipal
tax record.
E.
Lot dimensions in feet to the nearest one-hundredth foot.
F.
Block and lot numbers.
G.
Required road dedication (if any).
H.
Total tract to be subdivided in acres and square feet.
I.
Number of lots after subdivision and their areas in acres if one
acre and over, and in square feet if under one acre.
J.
Location and setback distances of existing and proposed structures.
K.
The zoning district in which the property is located and, if the
proposed subdivision lies within more than one district, the most
accurate information available as to the measurements within each
district.
L.
Building setback lines per the zoning standards of this chapter.
M.
The locations of water and sewer mains as appropriate.
N.
Delineation of all floodplains and designating same as such.
O.
Location and widths of all existing and proposed streets on the property
to be subdivided and within 200 feet of the tract.
P.
Topography, including all existing topographical features within
the property being subdivided, showing the distance of any structure
from any new property line which would be established by the subdivision.
The contour intervals shall be as follows:
Q.
The location, width and direction of flow of all ponds, streams,
brooks, drainage ditches and culverts in the area to be subdivided
and all swales, runoffs or pipes conducting storm water to or from
the subject property, with overland drainage flow arrows onto or from
adjoining properties.
R.
A sketch of how the remaining land will be developed, including only
roads and lots, regardless of whether there is any present or future
intent of further subdivision.
S.
A copy of any deeds which are to be filed with the County Recording
Officer. Deeds may be submitted at the time of signing of the plot.
T.
Two digital
disc copies of the finally approved subdivision plan, which shall
be submitted to the municipal agency.
[Added 5-19-2020 by Ord. No. 20-36]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
A.
Sketch plat for classification of major subdivision (optional).
(1)
Submission.
(a)
The purpose of the sketch plat is to give the municipal agency
the opportunity to give the applicant advice prior to the expenditure
of funds for preliminary plans.
(b)
A sketch plat is an optional submission, and, if the subdivider
prefers, he may submit a preliminary plat for classification and discussion
without going through the sketch plat procedure.
(c)
If the subdivider elects to submit a sketch plat, he shall submit an application for a proposed subdivision as required by Article II of this chapter for discussion purposes and shall follow all submission procedures as for a minor subdivision.
(d)
Sketch plats may be forwarded to the County Planning Board for
review. The forwarding of sketch plats is optional, but it may save
the subdivider time and expense by doing so.
(e)
No public hearing shall be required. However, the applicant
may elect to have one if desired and, if so, shall proceed as specified
in the Procedural Ordinance.
Editor's Note: See Article II of this chapter.
(f)
The municipal agency shall review the submission and render
its recommendation within 45 days of submission of a complete application
of a sketch plat to the Administrative Official or within such further
time as may be consented to by the applicant. Such review and recommendation
is not intended to be binding and is for discussion and advisory purposes
only.
(g)
The Secretary of the municipal agency shall notify, in writing,
the person submitting the sketch plat of the recommendation made by
the agency within 10 days of the meeting at which the recommendation
was made.
B.
Preliminary Plat.
(1)
Submission.
(a)
The subdivider shall submit an application for preliminary approval of a proposed major subdivision to the Administrative Official, as required by Article II of this chapter.
(b)
Prior to granting approval of a preliminary plat, the applicant
shall furnish the municipal agency with the following certifications:
(c)
The Administrative Official shall notify, in writing, the person
submitting the subdivision of the action taken by the agency within
10 days of the meeting at which the decision was made.
(d)
If the Board acts favorably on a preliminary plat, a notation
reflecting approval by the municipal agency, together with the date,
shall be made thereon and signed by the Chairman and Secretary.
(e)
Soil erosion plan.
[1]
A soil erosion and sediment control plan shall be submitted
as part of the preliminary plat submission. Said soil erosion and
sediment control plan shall be prepared by a licensed New Jersey professional
engineer in accordance with the Standards and Specifications for Soil
Erosion and Sediment Control of the United States Department of Agriculture
Soil Conservation District. Said soil erosion and sediment control
plan shall be submitted by the applicant to the Municipal Engineer
for recommendation to the municipal agency. The municipal agency shall
not act on the preliminary plat until receipt of the Engineer's report
or until 45 days have elapsed from the date of referral. The soil
erosion and sediment control plan shall be for the portion of the
tract being disturbed and shall contain the following:
[a]
Plans and specifications of soil erosion and sediment
control measures in accordance with the Standards and Specifications
for Soil Erosion and Sediment Control of the Soil Conservation District.
Said measures shall apply to all features of construction on the site,
including street and utility installations, as well as protection
of individual lots, and said measures shall be instituted to prevent
or control soil erosion and sedimentation during the various stages
of development.
[b]
A timing schedule indicating the anticipated starting
and completion dates of the development sequence and the time of exposure
of each are a priority to the completion of effective erosion and
sediment control measures.
[2]
The following principles, where applicable in the soil erosion
and sediment control plan, shall be included:
[a]
Stripping of vegetation, regrading or other development
shall be done in such a way that will minimize soil erosion.
[b]
Whenever feasible, natural vegetation shall be
retained, protected and supplemented.
[c]
The disturbed area and the duration of exposure
shall be kept to a practical minimum.
[d]
Temporary seeding and/or mulching shall be used
to protect exposed critical areas during development.
[e]
Provisions shall be made to accommodate the increased
runoff caused by changed soil and surface conditions during and after
development.
[f]
Diversions, sediment basins and so forth, shall
be constructed prior to any on-tract grading or disturbance of existing
surface material.
[3]
Upon receipt of the report from the Engineer, the municipal
agency shall require incorporation of such soil erosion and sediment
control measures as it deems appropriate as a condition of approval
of the preliminary and final plats.
(2)
Preliminary plat details.
(a)
Preliminary plats shall be prepared by a New Jersey licensed
land surveyor, professional engineer, architect or professional planner.
Surveys shall be prepared by only a New Jersey licensed land surveyor
and improvements to or adjacent to the site shall be prepared only
by a New Jersey licensed professional engineer. Each professional
shall sign and seal the preliminary plat.
(b)
The preliminary plat shall be clearly and legibly drawn or reproduced
at an engineering scale of not less than one inch equals 100 feet
and shall contain a metes and bounds survey prepared by a licensed
New Jersey land surveyor, and shall include the following information:
[1]
A key map showing the location of the land to be subdivided
in relation to the surrounding area at a scale of one inch equals
2,000 feet, two-inch square minimum.
[2]
The tract name, Tax Map sheet, block and lot number, date, North
arrow, graphic scale and the following names and addresses, together
with consent to file:
[a]
Name and address of the subdivider.
[b]
Name, address and license number of the person
who prepared the map.
[c]
Certification that the applicant is the legal or
beneficial owner or owners of the land proposed to be included in
the proposed development or the holder of an option or contract to
purchase, or other person having an enforceable, proprietary interest
in such land, giving names and addresses of each if there is more
than one.
[d]
Name and address of owners, as appears on the municipal
tax records, of adjoining property and property directly across the
street or streets from the property involved, and within 200 feet
of the entire tract.
[3]
Indication on the plan of all trees six inches or more in diameter,
measured two feet above ground level, in all areas to be disturbed
by grading or construction.
[4]
Acreage of the tract to be subdivided, to the nearest hundredth
of an acre.
[5]
Sufficient elevations or contours to determine the general slope
and natural drainage of the land to points extending 200 feet beyond
the subdivision boundary; tentative cross sections and profiles of
all proposed new streets; contours at five-foot intervals for slopes
averaging 10 percent or greater, two-foot intervals for land of three-percent
to 10-percent slope and one-foot intervals for less than three-percent
slope; elevation datum to be sea level only.
[6]
The location of existing and proposed property lines, street,
existing buildings, watercourses, railroads, bridges, culverts, drainpipes
and any natural features, such as wooded areas and rock formations.
[7]
The area of each lot in acres if one acre and over, and in square
feet if under one acre.
[8]
Minimum street setback line and side and rear yard setback lines
of each lot.
[9]
A copy of any proposed protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
[10]
A grading plan showing existing and final contours
of each lot.
[11]
Plan, profiles and cross sections of all proposed streets and all other Township requirements for roads and improvements shall meet the requirements of Chapter 25, Streets and Sidewalks. It is intended that these drawings, as well as others submitted in support of the preliminary plat, be in sufficient detail to permit construction directly from them.
[12]
Plans and profiles of proposed utility layouts,
such as but not limited to sewers, storm drains, water, gas and electricity,
showing feasible connections to existing or any proposed utility system.
[13]
A sketch of the prospective future street system
of the unincluded portion of an entire holding where a preliminary
plat covers only a part thereof.
[14]
Drainage calculations showing existing and expected
flows after development, a color-coded drainage map plans to control
flow to keep velocities below four feet per second in swales and outfalls
and to intercept flows when they reach five cubic feet per second.
(c)
Green Buildings Checklist.
[1]
Sustainable Sites. The following checklist items relate to "sustainable
building practices." Applicants are required to complete this portion
of the checklist, but these checklist items are not required for submission.
[a]
Site selection: Have you avoided development of
inappropriate sites and reduced the environmental impact from the
location of a building on a site?
[b]
Development density and community: Is development
in areas with existing infrastructure, protecting greenfields and
preserving habitats and natural resources?
[c]
Brownfield development: Are you rehabilitating
damaged sites where development is complicated by environmental contamination,
reducing pressure on undeveloped land?
[d]
Alternative transportation - Public transportation
access: Is development near public transportation sites?
[e]
Alternative transportation - Bicycle storage and
changing rooms: Do bicycle storage areas and changing rooms exist?
[f]
Site development - Protect or Restore Habitat:
Are you conserving existing natural areas and restoring damaged areas
to provide habitat and promote biodiversity?
[g]
Stormwater design - Quantity Control: Have you
taken steps to limit disruption of natural water hydrology by reducing
impervious cover, increasing on-site infiltration, reducing or eliminating
pollution from stormwater runoff, and eliminating contaminants?
[h]
Stormwater design - Quality Control: Have you taken
steps to limit disruption and pollution of natural water flows by
managing stormwater runoff?
[i]
Heat island effect - Nonroof: Have you provided
shade, paving materials with a solar reflectance index of at least
29, or do you have an open grid pavement system OR is 50 percent of
your parking spaces under cover?
[j]
Heat island effect - Roof: Have you taken steps
to reduce the amount of heat that is reflected off of your roof?
[k]
Light pollution reduction: Have you taken steps
to minimize light trespass from the building and site, reduce sky-glow
to increase night sky access, improve nighttime visibility through
glare reduction, and reduce development impact on nocturnal environments?
[l]
Have you used building massing to gather wind for
the dispersion of air pollutants?
[m]
Have you used building massing to mitigate noise
pollution?
[n]
Have you used building massing and vegetated screening
to gather wind for the filtration/dispersion of air pollutants?
[o]
Have you used roof-top gardens and adjacent courtyards
to mitigate air pollution and noise?
[p]
Have you oriented the building(s) toward southern
exposure?
[q]
Have you created any rain gardens to manage storm
water runoff?
[r]
Have you sited taller buildings to minimize shadows
on an open space and other buildings?
[s]
Have you oriented open space to maximize winter
solar exposure?
[t]
Have you provided tree canopy cover and reduced
hardscape for areas with high summer solar exposure?
[u]
Have you minimized disturbed areas by limiting,
clearing, and grading to a carefully described development envelope?
[v]
Have you encouraged the growth of native and well-adapted
species and eliminated the need for fertilization and pesticides?
[w]
Have you reduced soil erosion?
[x]
Have you promoted natural recharge and infiltration
without the threat of surface contamination?
[y]
Have you reduced runoff volumes and peak runoff
rates?
[z]
Have you linked landscape elements to form a continuous
network of forage, water, and cover?
[aa]
Have you created "fingers" of habitat that reach
into the urban landscape from the creek?
[bb]
Have you created zones that provide a diversity
of habitat and shelter through layers of plant heights and types?
[cc]
Have you selected native plants that provide food and shelter
for song birds, mammals, insects, etc?
[2]
When Waterways are Adjacent:
[3]
Water Efficiency.
[a]
Have you provided water efficient landscaping -
reducing water needed for vegetation?
[b]
Have you provided water efficient landscaping -
no potable use or no irrigation?
[c]
Have you increased the extent of on-site landscaping?
[d]
Have you provided graywater systems?
[e]
Have you provided blackwater systems?
[4]
Materials and Resources.
[a]
Have you provided for storage and collection of
recyclables?
[b]
Have you reused portions for the existing building,
such as walls, floors, or roof?
[c]
Construction waste Management: Have you diverted
construction waste from landfills?
[d]
Have you reused five percent of the existing building?
[e]
Have you reused 10 percent of the existing building?
[f]
Do your building materials incorporate recycled
content?
[g]
Local/regional materials: Are building materials
extracted, processed, and manufactured locally/regionally?
[h]
Rapidly renewable materials: Have you used rapidly
renewable materials, such as bamboo, wool, cotton insulation, agrifiber,
linoleum, wheat board, strawboard and cork?
[i]
Use of certified wood: Have you used wood-based
materials and products, which are certified in accordance with the
Forest Stewardship Council's (FSC) Principles and Criteria?
[j]
Have you used crushed gravel and concrete as a
sub-base?
[k]
Have you used saw cut concrete as dry-laid retaining
walls, edging for planting beds, or unit pavers?
[l]
Have you reused asphalt as a sub-base or aggregate?
[m]
Have you reused gravel and tar roofing materials
from demolished building?
[5]
Energy and Atmosphere.
[a]
On-site renewable energy: Have you installed any
renewable energy systems, such as photovoltaic (solar panels), geothermal,
or other?
[b]
Green power: Have you provided at least 35 percent
of the building's electricity from renewable sources? (Renewable sources
are as defined by the Center for Resource Solutions (CRS) Green-e
products certification requirements.)
[c]
Have you provided for opportunities for vegetated
screens, awnings, overhangs, and adjustable shade structures on buildings
with high summer solar exposure?
[6]
Indoor Air Quality.
[a]
Have you provided for up-draft ventilation and
an air scoop, for natural ventilation?
[b]
Have you incorporated under floor displacement
ventilation?
[c]
Have you oriented the majority of glazing to optimize
day lighting potential and heat gain during the winter season?
[d]
Have you oriented thermal mass (materials that
absorb, store, and conduct heat) and insulation to take advantage
of southern exposure, while blocking northern winds?
[e]
Have you provided for rooftop gardens to reduce
solar gain and insulate in winter?
[f]
Have you provided atrium spaces?
[g]
Have you provided shade structures, awnings, and
overhangs?
[h]
Do you have an internal heat recovery system?
[i]
Have you provided photovoltaic integration?
[j]
Have you separated mechanical spaces?
[7]
Innovation and Design Process.
[a]
LEED Accredited Professional Utilization: At least
one principal participant of the project team shall be a LEED Accredited
Professional (AP).
[b]
Innovation in design: Explain in writing, any additional
actions you have taken to make the construction of your project energy
efficient or to make your development energy efficient.
C.
Final Plat.
(1)
Submission.
(a)
The subdivider shall submit an application for final approval
of a proposed major subdivision within three years of the date of
approval of the preliminary plat.
(c)
Prior to final approval, the Engineering Division shall have
received from the developer a complete set of reproducible linens
or Mylars of the preliminary plat and all other maps, incorporating
all conditions and requirements for improvements as imposed by the
municipal agency.
(d)
Prior to final approval, the governing body shall have received
an estimate of cost of all improvements, together with an estimate
of any damage to any existing accepted street or streets abutting
the proposed subdivision which may be caused by reason of work performed
in said subdivision. The above estimates shall have been approved
by the Engineering Division. Submitted with the approved estimate
shall be an inspection fee from the developer of 5 percent of the
estimated cost of improvements.
(e)
Prior to the release of the final map for recording with the
County Clerk, the developer shall provide the performance guaranty
and sign an agreement in a form satisfactory to the Woodbridge Corporation
Counsel with provision for maintenance guaranties as required by this
chapter.
(2)
Final Plat Details.
(a)
The final plat shall be prepared in compliance with the requirements
of the New Jersey Map Filing Law. It shall conform in design to the
preliminary plat and shall show or be accompanied by the following:
[1]
Date, name and location of the subdivision, name of owner and
subdivider, graphic scale, North arrow; and name, address, signature
and seal of the person who prepared the map.
[2]
Tract boundary lines, right-of-way lines of streets, street
names, easements and other rights-of-way, park areas or land to be
reserved or dedicated for public use, all lot lines and other site
lines, watercourses, with accurate dimensions, including bearings
and distances and curve information consisting of the following minimum
data:
[3]
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.
[4]
Each block shall be numbered, and the lots within each block
shall be numbered in conformity with the Municipal Tax Map, as determined
by the Municipal Tax Assessor.
[5]
Minimum building setback lines on all lots and other sites.
[6]
Location and description of all monuments, whether found set
or to be set.
[7]
Names of owners of adjoining lands and of the land directly
across the street or streets from property involved as appears on
the municipal tax records.
(3)
Two
digital disc copies of the finally approved subdivision plan shall
be submitted to the municipal agency.
[Added 5-19-2020 by Ord. No. 20-36]
A.
Prior to the granting of final approval, the subdivider shall have
installed all improvements as required by this section or shall have
provided for guaranties as stipulated in this chapter.
B.
On-Tract Improvements Required.
(1)
Streets and pavements. The subdivider shall design and construct
streets and pavements at least meeting the minimum specifications
as required by the municipality or such other specifications as may
be required by the Municipal Engineer where special circumstances
so require.
(2)
Curbs and sidewalks. The subdivider shall construct curbs, gutters
and sidewalks when required by the municipal agency in accordance
with municipal specifications or such other specifications as may
be required by the Municipal Engineer where special circumstances
so require. However, the installation of curbs and/or sidewalks may
be waived by the municipal agency, with the written permission of
the Municipal Council, at the request of the subdivider or on its
own initiative, provided that, upon the granting of such a waiver,
the sub-divider shall be required to pay to the Township an amount
equal to 75 percent of the estimated cost of installing said sidewalks,
said amount to be determined by the Municipal Engineer after submission
and consideration of various estimates and other documentation, required
and requested by the Municipal Engineer, from the subdivider, other
interested parties, and the Office of the Municipal Engineer itself.
All funds collected by the Township from subdividers as a result of
waivers granted in accordance with this section shall be maintained
in a sidewalk maintenance account, the proceeds of which shall be
available to maintain, repair and/or replace sidewalks throughout
the Township, where and as authorized by the Municipal Council. Nothing
contained herein shall affect the right of the Township to enact ordinances
requiring assessments for sidewalks from property owners as authorized
under N.J.S.A. 40:65-2 or any other statutory rights granted to municipalities.
(3)
Storm drains and culverts. Where storm drains or culverts are required
on site or off site, all streets shall be provided with sufficient
catch basins, storm sewers, culverts, water detention basins and other
drainage appurtenances for the proper drainage of the area in the
light of existing and future conditions. All such facilities shall
be constructed in accordance with the standards and requirements of
good engineering practice or such other specifications as may be required
by the Municipal Engineer where special circumstances so require.
(4)
Monuments. Monuments shall be of the size and shape and shall be
installed as required by the New Jersey Map Filing Law. Editor's Note:
See N.J.S.A. 46:23-9.9 et seq.
(5)
Street name signs. Street name signs shall be placed at all street
intersections within the subdivision. Such signs shall be of a type
and shall be installed in accordance with standards adopted by the
governing body. Signs shall be placed two per intersection on the
near right-hand corner as viewed from the street which is expected
to carry the greatest traffic through the intersection. If both streets
are expected to carry equal traffic, the locations shall be as approved
by the Municipal Engineer.
(6)
Utility installations. All utility lines and necessary appurtenances,
including but not limited to electric transmission and electric, gas
and water distribution, communications, street lighting and cable
television, shall be installed underground within easements or dedicated
public rights-of-way. All power and telephone underground lines shall
be confined to a five-foot easement within the street right-of-way
immediately adjacent to one of the street right-of-way lines. Any
additional easement width required shall be located on the abutting
private property. The subdivider shall arrange with the serving utility
for the underground installation of the utilities' supply lines and
service connections in accordance with the provisions of the applicable
Standard Terms and Conditions of the Tariff as the same are then on
file with the State of New Jersey Board of Public Utility Commissioners
and shall submit to the municipal agency prior to the granting of
approval a written instrument from each serving utility, which shall
evidence full compliance with the provisions of this section; provided,
however, that lots in subdivisions which abut existing easements or
public rights-of-way where overhead utility lines have theretofore
been installed may be supplied with service from such overhead lines
if no new utility poles are required. In any event, all new building
service connections shall be installed underground. Wherever the utility
is not installed in the public right-of-way, an appropriate utility
easement of not less than 25 feet in width shall be provided.
(7)
Street lighting. Street lighting shall be installed by the developer
if it is determined by the municipal agency that such lighting is
necessary for public safety.
(a)
Streetlights shall be of a type approved by resolution of the
governing body and by the electric utility company serving the proposed
subdivision and located so as to provide a minimum lighting level
of five-tenths horizontal foot candle on all collector and arterial
streets.
(b)
The subdivider shall provide for initial installation of any
streetlights, the locations to be approved by the municipal agency.
After final acceptance, operation and maintenance costs shall be the
responsibility of the municipality.
[1]
If streetlights on a dedicated public street connected to a
public utility are required as a condition of approval of an application
for development pursuant to this chapter, then, upon notification
in writing by the developer to the approving authority and governing
body of the municipality that the street lighting on a dedicated public
street has been installed and accepted for service by the public utility
and that a certificate of occupancy has been issued for at least 50
percent of the dwelling units and 50 percent of the floor area of
the nonresidential uses on the dedicated public street or portion
thereof indicated by section pursuant to N.J.S.A. 40:55D-38, the municipality
shall, within 30 days following receipt of the notification, make
appropriate arrangements with public utility for, and assume payment
of, the costs of the street lighting on the dedicated public street
on a continuing basis.
[2]
Compliance by the municipality with the provisions of this subsection
shall not be deemed to constitute acceptance of the street by the
municipality.
(8)
Topsoil protection. Topsoil which shall be removed in the course
of regrading a subdivision shall not be used as spoil. No topsoil
shall be removed from the subdivision site until such topsoil shall
be redistributed as to provide at least six inches of cover on areas
to be used as building sites from which topsoil was removed and shall
be stabilized by seeding or planting. Any excess topsoil may be removed
from the site only with the written approval of the Municipal Engineer.
(9)
Shade trees.
(a)
The removal of existing trees shall not be permitted in any
subdivision except in the location of structures or unless it can
be shown that grading or construction requires removal. The municipal
agency may compel the subdivider or developer, at his sole expense,
to retain a qualified forester or certified tree surgeon to report
to the agency as to what measures are necessary to preserve existing
trees.
(b)
Street shade trees shall be required within a subdivision, and
the developer shall submit a planting plan prepared by a landscape
architect showing the proposed location, size, botanical and common
names of all trees and shall conform to all requirements as set forth
in this section. All planting plans shall be approved by the municipal
agency.
(c)
Trees shall be nursery-grown stock of not less than two-and-one-half-inch
caliper, as measured one foot above the root ball.
(d)
Shade trees shall be installed between the street right-of-way
line and the curb, 25 feet from any existing or proposed streetlight
or street intersection.
(e)
The developer shall plant, maintain for one year and replace
(where necessary) all shade trees. Trees shall be selected from the
following list and spaced as specified:
|
Approved Street Trees
|
Spacing On-Center
(feet)
|
|---|---|
|
Ginkgo biloba (male only) — ginkgo
|
30
|
|
Carpinus caroliniana — American hornbeam
|
20
|
|
Carpinus betulas — European hornbeam
|
20
|
|
Cornus florida — flowering white dogwood
|
25
|
|
Cornus florida rubra — flowering pink dogwood
|
25
|
|
Cornus kousa — Japanese dogwood
|
25
|
|
Prunus subhirtella autumnalis — autumn higan cherry
|
25
|
|
Acer platanoides — Norway maple
|
50
|
|
Prunus serrulata Kwanzan — Kwanzan cherry
|
25
|
|
Prunus subhirtella — higan cherry
|
25
|
|
Quercus rubra — red oak
|
50
|
|
Quercus alba coccinea — scarlet oak
|
50
|
|
Sophora japonica regent — regent scholar tree
|
20
|
|
Koelreuteria paniculata — goldenrain- tree
|
25
|
|
Prunus cerasifera — purple-leaved plum
|
20
|
|
Tilia tomentosa — silver linden
|
30
|
|
Tilia americana — American linden
|
40
|
|
Quercus acutissima — sawtooth oak
|
50
|
|
Gleditsia triacanthos inermis "Shademaster" — thornless
honeylocust
|
50
|
|
Amelanchier canadensis — downy shadblow
|
25
|
|
Pyrus calleryana "Bradford" — Bradford Callery Pear
|
25
|
|
Tilia cordata — littleleaf linden
|
35
|
|
Fraxinus pennsylvanica — green ash
|
40
|
|
Quercus palustris — pin oak
|
50
|
|
Quercus palustris — pin oak
|
50
|
(10)
Sanitary sewers.
(a)
Where a public sanitary sewer system is available on site, each
lot within a subdivision shall be provided with sewage disposal facilities
by the required extension of sewer mains and connections thereto,
the costs thereof to be borne solely by the subdivider.
(b)
Where a public sanitary sewer system is not available on or
off site, the municipal agency may require the extension of an off-tract
sanitary sewer system. Installation and cost provisions shall be as
determined and approved by the municipality.
(c)
All such installation of sewer mains and connections shall be
constructed in accordance with the specifications and requirements
of the Municipal Engineer.
(11)
Water supply.
(a)
Where a public water system is available on site or off site,
each lot within a subdivision shall be provided with public water
facilities by the required extension of water mains and connections
thereto, the costs thereof to be borne solely by the subdivider. All
installations of a public water supply shall be subject to the approval
of the Municipal Engineer.
(b)
Where a public water system is not available on or off site,
the municipal agency may require the extension of an off-tract water
system, the installation and cost to be determined by the municipal
agency.
(c)
All such installation of mains and connections shall be constructed
in accordance with the specifications and requirements of the Municipal
Engineer.
(12)
Fire hydrants. Fire hydrants shall be installed in all subdivisions.
Fire hydrants shall be of the type approved by the local fire district
in accordance with the recommendations of the Fire Insurance Rating
Organization of New Jersey and shall be placed and installed in accordance
with the standards of the fire district. Such installation shall be
subject to the inspection and approval of the Local Board of Fire
Commissioners and the Municipal Engineer.
(13)
Traffic. Stop signs shall be installed as directed by the Township
Police.
C.
Off-Tract Improvements Required.
(1)
General. Prior to the granting of final approval, the subdivider
shall have installed or made cash payments toward the ultimate installation
of off-tract improvements and in accordance with the standards and
conditions governing on-tract improvements. Off-tract improvements
herein shall include but not be limited to installation of new improvements
and extension and modifications of the existing improvements.
(2)
Estimate of costs and benefits. If an off-tract improvement is required,
the municipal agency shall, with the aid of the Municipal Engineer
and such other persons as have pertinent information or expertise,
estimate:
(3)
Manner of construction. When the estimates are received, the municipal
agency shall then decide whether the off-tract improvement is to be
constructed:
(4)
Amount of contribution. When the amount of contribution has been
determined, the subdivider may be required to provide, as a condition
for final approval of the subdivision, a cash deposit to the municipality
of one of the following amounts:
(a)
If the improvement is to be constructed by the municipality
as a general improvement, an amount equal to the difference between
the estimated cost of the improvement and the estimated total amount,
if less, by which all properties to be serviced thereby, including
the subdivision property, will be specially benefited by the off-tract
improvement;
(b)
If the improvement is to be constructed by the municipality as a local improvement, then in addition to the amount referred to in Subsection C(4)(a), the estimated amount by which the subdivision will be specially benefited by the off-tract improvement; or
(c)
If the improvement is to be constructed by the subdivider, an
amount equal to the estimated cost of the off-tract improvement, less
an offset for benefits to properties other than the subdivision.
(5)
Allocation of costs. The allocation of costs shall be determined
in accordance with the following: The municipal agency may consider
the total cost of the off-tract improvements, the benefits conferred
upon the subdivision, the needs created by the subdivision, population
and land use projections for the general areas of the subdivision
and other areas to be served by the off-tract improvements, the estimated
times of construction of off-tract improvements and the condition
and periods of usefulness. The municipal agency may further consider
the criteria set forth below:
(a)
Road, curb and sidewalks improvements may be based upon the
anticipated increase of traffic counts, existing and projected traffic
patterns, quality of roads and sidewalks in the area and other factors
related to the need created by the subdivision and the anticipated
benefit thereto.
(b)
Drainage facilities may be based upon the percentage relationship
between the subdivision acreage and the acreage of the total drainage
basins involved.
(c)
Sewerage facilities may be based upon the proportion that the
subdivision's total anticipated volume of sewage effluent bears to
the existing capacity of existing and projected sewage disposal facilities,
including but not limited to lines and other appurtenances leading
to and servicing the subdivision. The municipal agency may also consider
types of effluent and particular problems requiring special equipment
or added costs for treatment.
(d)
Water supply and distribution facilities may be based upon the
added facilities required by the total anticipated water use requirements
of the subdivision.
(6)
Payment of allocated costs.
(a)
The estimated cost of the off-tract improvements allocated to
the subdivider shall be paid by the subdivider, if deposited in cash,
to the Municipal Clerk, who shall ensure that it only be used for
the off-tract improvements for which they are deposited or improvements
serving the same or a similar purpose.
(b)
If the subdivider shall deem that any of the amounts so estimated
by the municipal agency are unreasonable, it may challenge them and
seek to have them revised in appropriate proceedings brought to compel
subdivision approval.
(c)
If the subdivider and the municipality cannot agree with respect
to the subdivider's appropriate share of the actual cost of the off-tract
improvement and the off-tract improvement is constructed as a local
improvement, the dispute shall be decided in an appropriate judicial
proceeding or proceedings.
(7)
Assessment of properties. Upon receipt from the subdivider of its
allocated share of the costs of the off-tract improvements, the municipality
may adopt a local improvement assessment ordinance for the purpose
of construction and installation of the off-tract improvements based
upon the actual cost thereof. Any portion of the cost of the improvements
not defrayed by a deposit by a subdivider may be assessed against
benefiting property owners by the municipality. Any assessments for
benefits conferred made against the subdivider or its successors in
interest shall be first offset by a pro rata share credit of the allocated
costs previously deposited with the Municipal Clerk pertaining thereto.
(8)
Credit for work performed. In the event that the subdivider, with
the municipality's consent, decides to install and construct the off-tract
improvement, or any portion thereof, the certified cost shall be treated
as a credit against any assessment for that particular off-tract improvement,
or portion thereof, as if the subdivider had deposited its apportioned
cost with the Municipal Clerk.
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof:
A.
Master Plan and Zoning Ordinance. The subdivision shall conform to
the Master Plan and Zoning Ordinance and shall conform to the proposals
and conditions shown thereon. The street widths, drainage rights-of-way,
school sites, public parks and playgrounds shown on an officially
adopted Master Plan shall be adhered to in the approval of subdivision
plats.
B.
Streets.
(1)
The arrangement of streets not shown on the Master Plan shall be
such as to provide for the appropriate extension of existing streets.
(2)
Minor streets shall be so designed as to discourage through or heavy
traffic.
(3)
Marginal access. In subdivisions that abut arterial streets and such
other streets or portions of streets as the municipal agency may designate
on the Master Plan, the agency may require provision for marginal
access roads, reverse frontage lots with buffer strips for planting
or other design methods for the purpose of separating through and
local traffic.
(4)
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 and shall
be increased if a greater width is shown on the Master Plan.
(5)
No subdivision showing reserve strips controlling access to streets
shall be approved, except where the control and disposal of land comprising
such strips have been placed in the governing body under conditions
approved by the municipal agency.
(6)
Subdivisions that adjoin or include existing streets that do not
conform to width as shown on the Master Plan or the street width requirements
of this chapter shall dedicate additional width along either one or
both sides of said road. If the subdivision is along one side only,
one-half of the required extra width shall be conveyed to the municipality.
(7)
Grades of arterial and collector streets shall not exceed eight percent.
Grades on other streets shall not exceed 10 percent. No street shall
have a minimum grade of less than one percent.
(8)
Street intersections shall be as nearly at right angles as is possible,
and in no case shall be less than 60 degrees. The block corners at
intersections shall be rounded at the curb line and have a radius
of not less than 25 feet.
(9)
Street jogs with centerline offsets of less than 125 feet shall be
prohibited.
(10)
A tangent at least 100 feet long shall be introduced between
reverse curves on all streets.
(11)
When connecting street lines deflect from each other at any
one point by more than 10 degrees and not more than 45 degrees, 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.
(12)
All changes in grade shall be connected by vertical curves and
shall provide a smooth transition and proper sight distance.
(13)
Culs-de-sac shall not exceed 600 feet in length and shall have
a turnaround at the end with a radius of not less than 50 feet to
the right-of-way line. The tangent, whenever possible, should be to
the right side of the street. If a dead-end street is of 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.
(14)
All street names shall be approved by the municipal agency.
No street shall have a name which will duplicate or so nearly duplicate
in name or sound as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name.
(15)
Where a tract is subdivided into larger parcels than ordinary
building lots, such parcels shall be arranged so as to allow the opening
of future streets and logical subdivisions.
(16)
Street design and location shall include provisions for street
access to adjoining property as required by the municipal agency.
C.
Blocks.
(1)
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by the
Zoning Ordinance and to provide for convenient access, circulation
control and safety of street traffic.
(2)
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
D.
Lots.
(1)
Dimensions. Lot dimensions and area shall be not less than the zoning
requirements of the Land Use and Development regulations.
(2)
Side lines. Insofar as is practical, side lot lines shall be at right
angles to straight streets and radial to curved streets, including
culs-de-sac.
(3)
Frontage. Each lot must front upon an approved street.
(4)
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.
(5)
Suitability. All lots shall be suitable for their intended uses and,
where necessary, increased in size to compensate for conditions, such
as percolation rates, steep slopes, rock formations and flood conditions.
Where there is a question as to the suitability of a lot or lots for
their intended use, the municipal agency may withhold approval of
such lots.
E.
Public Use and Service Areas.
(1)
Easements. Easements along rear property lines or elsewhere for utility
installation may be required. Such easements shall be at least 25
feet wide and located in consultation with the authorities or municipal
departments concerned.
(2)
Drainage easements. Where a subdivision is traversed by a watercourse,
drainage way, channel or street, there shall be provided a storm water
easement or drainage right-of-way conforming substantially to the
lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose.
(3)
Natural features. Natural features, such as trees, brooks, hilltops
and views, shall be preserved whenever possible in designing any subdivision
containing such features.
A.
Filing of All Subdivision Plats.
(1)
No subdivision plat shall be accepted for filing by the County Recording
Officer until it has been approved by the municipal agency as indicated
on the instrument by the signature of the Chairman and Secretary of
the agency or a certificate has been issued pursuant to this chapter.
The signatures of the Chairman and Secretary of the agency shall not
be affixed until the developer has posted the guaranties required
pursuant to 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 municipality, the plat shall be
expunged from the official records.
(2)
It shall be the duty of the County Recording Officer to notify the
municipal agency in writing within seven days of the filing of any
plat, identifying such instrument by its title, date of filing and
official number.
B.
Penalty for Selling Before Approval. If, before final subdivision
approval has been granted, any person transfers or sells or agrees
to transfer or sell, except pursuant to an agreement expressly conditioned
on final subdivision approval, as owner or agent, any land which forms
a part of a subdivision for which municipal approval is required by
ordinance pursuant to State law, such person shall be subject to a
penalty not to exceed $1,000, and each lot disposition so made shall
be deemed a separate violation.
C.
Suits. In addition to the foregoing, the municipality may institute
and maintain a civil action for injunctive relief and to set aside
and invalidate any conveyance made pursuant to such contract of sale
if a certificate of compliance has not been issued in accordance with
this chapter.
D.
Lien. In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
E.
Certificate Showing Approval; Contents. The prospective purchaser,
prospective mortgagee or any other person interested in any land which
forms part of a subdivision, or which formed part of such subdivision
three years preceding August 1, 1977, may apply in writing to the
Secretary of the municipal agency for the issuance of a certificate
certifying whether or not such subdivision has been approved by the
municipal agency. Such application shall contain a diagram showing
the location and dimension of the land to be covered by the certificate
and the name of the owner thereof. The Secretary shall make and issue
such certificate within 15 days after the receipt of such written
application and the fees therefor. Said Secretary shall keep a duplicate
copy of each certificate, consecutively numbered, including a statement
of the fee charged, in a binder as a permanent record of his office.
Each such certificate shall be designated a "certificate as to approval
of subdivision of land" and shall certify:
(1)
Whether there exists in said municipality a duly established municipal
agency and whether there is an ordinance controlling subdivision of
land adopted under the authority of Chapter 291 of the Laws of New
Jersey 1975.
(2)
Whether the subdivision, as it relates to the land shown in said
application, has been approved by the municipal agency and, if so,
the date of such approval and any extensions and terms thereof, showing
that the subdivision on which the lands are a part is a validly existing
subdivision.
(3)
A fee of $10 shall be charged for each certificate.
F.
Right of Owner of Land Covered by Certificate.
(1)
Any person who shall acquire for a valuable consideration an interest
in the lands covered by any such certificate of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest, free of any right, remedy or action which could be prosecuted
or maintained by the municipality pursuant to the provisions of this
chapter.
(2)
If the Secretary designated to issue any such certificate fails to
issue the same within 15 days after receipt of an application and
the fees therefore, any person acquiring an interest in the lands
described in such application shall hold such interest free of any
right, remedy or action which could be prosecuted or maintained by
the municipality pursuant to this chapter.
(3)
Any such application addressed to the Municipal Clerk shall be deemed
to be addressed to the proper designated officer, and the municipality
shall be bound thereby to the same extent as though the same were
addressed to the designated official.
