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, 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.
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:
(1) Up to 10-percent slopes: two feet.
(2) Over 10-percent slopes: five feet.
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]
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.