Editor's Note: The Land Subdivision Ordinance was adopted on December 21, 1982 by Ordinance No. 889. When the Township of West Caldwell codified the general and permanent ordinances in the 1993 Code, Ordinance No. 889 was added as Chapter 19. At the request of the Township Officials, the Land Subdivision Regulations have been included in the 1995 code as Chapter 19, using the original ordinance for the text and the source history.
[Ord. No. 889]
This chapter shall be known as the Subdivision of Land Ordinance
of the Township of West Caldwell.
[Ord. No. 889]
The provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, safety and general
welfare consistent with the Municipal Land Use Law (N.J.S.A. 40:55D-1,
et seq.).
This chapter is to be construed jointly with the Land Use Procedures Ordinance, codified as Chapter 18A of the Revised General Ordinances of the Township of West Caldwell and, unless the context clearly indicates otherwise, all the terms, definitions and procedures of the Land Use Procedures Ordinance shall have the same meanings and shall be applicable in the interpretation and scope of this chapter.
[Ord. No. 889]
Except as otherwise provided herein, the approval provisions of this chapter shall be administered by the Board pursuant to Section 19-4.
[Ord. No. 889]
The provisions of Section 18A-5 of the Land Use Procedures Chapter of the Revised General Ordinances of the Township of West Caldwell (hereinafter referred to as "Land Use Procedures Ordinance"), as well as Section 20-23 of the Zoning Chapter of the Revised General Ordinances of the Township of West Caldwell (hereinafter referred to as "Zoning Ordinance") shall apply to this chapter. For purposes of this chapter, unless the context clearly indicates otherwise:
Shall mean the American Association of State Highway Officials.
Unless otherwise indicated, design criteria for traffic shall be based
upon AASHO standards.
Shall mean a plan showing specified items of completed construction pursuant to the provisions of Section 19-10.
Shall mean the Planning Board of the Township of West Caldwell
or, when acting pursuant to N.J.S.A. 40:55D-76b, the Board of Adjustment
of the Township of West Caldwell.
Shall mean the certification, prepared by a licensed professional engineer and/or registered architect, and signed by the developer, pursuant to the provisions of Section 19-10.
Shall mean the committee of the Board appointed by the Board
for the purpose, among other duties, of classifying subdivisions in
accordance with this chapter.
Shall mean such engineering standards of the Township of West Caldwell as may be adopted pursuant to Section 19-10.
Shall mean a final map of all or a portion of the subdivision
submitted to the Board for consideration and final approval in accordance
with this chapter.
Shall mean a preliminary map indicating the proposed layout
of the subdivision submitted to the board for consideration and preliminary
approval in accordance with this chapter.
Shall mean the length of roadway, or the distance to an object
on a roadway, visible to a driver or a pedestrian.
STOPPING SIGHT DISTANCEShall mean the minimum visible length of roadway necessary to enable a vehicle traveling at or near the maximum permissible speed to safely stop before reaching an object in its path.
PASSING SIGHT DISTANCEShall mean the minimum visible length of roadway necessary to insure that a vehicle passing maneuver may be completed safely.
INTERSECTION SIGHT DISTANCEShall mean the minimum distance of roadway visible in both directions to enable a vehicle on the minor roadway of the intersection to cross or enter the major roadway without requiring approaching traffic to slow down.
Shall mean a sketch map of a subdivision of sufficient accuracy
to be used for the purpose of discussion and classification.
Shall mean those details, as shall be shown on maps, sketches, or written specifications, pursuant to the provisions of Section 19-10.
Shall mean any street, avenue, boulevard, parkway, viaduct, drive or other way pursuant to Section 18A-5 of the Land Use Procedures Ordinance. For purposes of this chapter, streets shall be classified as follows:
ARTERIAL STREETSShall mean those designed primarily for through traffic.
COLLECTOR STREETSShall mean those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development.
MINOR STREETSShall mean those used primarily for access to abutting properties.
[Ord. No. 889]
Every developer, when required by the Board, shall, in conjunction
with the application for development, submit an environmental impact
statement prepared by a duly qualified expert regarding the effect
of the proposed subdivision and improvements upon the environment,
which shall:
a.
Describe all of the probable effects, both on and off-site, of the
proposed development upon:
1.
Natural resources of all kinds, including plant and wildlife; and
2.
Hydrologic conditions and existing surface and storm water drainage
patterns; and
3.
Soil erosion and sedimentation in accordance with the then current
standards for soil erosion and sediment control adopted by the New
Jersey State Soil Conservation Committee; and
4.
Water and air quality with reference to the then current standards
established by the New Jersey Department of Environmental Protection;
and
5.
Noise; and
6.
Potable water supply; and
7.
Traffic volume and flow; and
8.
Municipal services required to serve the proposed development; and
9.
Health, safety and welfare of the public.
b.
Discuss alternative proposals for the proposed development which
will reduce or eliminate any adverse on or off-site environmental
effects, and, as to any which cannot be avoided, discuss the steps
proposed to be taken before, during and after the development to minimize
such adverse environmental effects.
[Ord. No. 889]
The Board may forward copies of the environmental impact statement
to the township Environmental Commission or to other agencies for
comments thereon, and the Board may require revision or supplementation
of the environmental impact statement, may select among alternative
proposals, and may establish conditions considered necessary to eliminate
or minimize any temporary or permanent adverse on or off-site environmental
effects of the proposed development.
[Ord. No. 889]
Where the application is classified as a minor subdivision,
the Board may waive the requirement of an environmental impact statement.
[Ord. No. 889]
Every developer shall submit to the Board, pursuant to subsection 18A-8.1 of the Land Use Procedures Ordinance, copies of a sketch plat of the proposed subdivision for purposes of examination, classification and preliminary discussion.
[Ord. No. 889]
The sketch plat shall be based on tax map information or some
other similarly accurate base at a scale [preferably not less than
400 feet to the one inch] to enable the entire tract to be shown on
one sheet and shall show or include the following information:
a.
The location of that portion which is to be subdivided in relation
to the entire tract; and
b.
All existing structures and wooded areas within the portion to be
subdivided and within 200 feet thereof; and
c.
The name of the property owner and of all adjoining property owners
as disclosed by the most recent municipal tax records; and
d.
The tax map sheet, block and lot numbers; and
e.
All streets or roads and streams within 200 feet of the proposed
subdivision.
[Ord. No. 889]
The Board shall classify the sketch plat as either a major or
minor subdivision and a written notice to that effect shall be forwarded
to the applicant for compliance with the procedures for major subdivisions
or minor subdivisions as the case may be.
[Ord. No. 889]
The Board may, at the request of the applicant, waive the filing
of a sketch plat in the case of a major subdivision.
[Ord. No. 889]
All preliminary plats shall comply with the applicable requirements and standards of Section 18A-9 of the Land Use Procedures Ordinance.
[Ord. No. 889]
All final plats shall comply with the applicable requirements and standards of Section 18A-9 of the Land Use Procedures Ordinance and the Map Filing Law, N.J.S.A. 46:23-9.8, et seq.
[Ord. No. 889]
The following standards shall be observed in the subdivision
of land within the township and are intended to be consistent with
the requirements of the Zoning Ordinance, Master Plan and Official
Map, if any.
[Ord. No. 889; Ord. No. 1284]
a.
In general, streets within any subdivision or land development shall
be of sufficient width and suitable grade and suitably located to
accommodate prospective traffic and to provide access for firefighting
and emergency equipment to all buildings. No new street shall be located
in such a manner as to create a nonconforming condition on adjacent
or abutting property.
b.
All streets shall be located and coordinated so as to compose a convenient
system consistent with the Official Map, where formally adopted, the
appropriate element of the Master Plan, and in accordance with sound
engineering and planning principles.
c.
Streets shall be oriented so as to permit, within the limits of practicability
and feasibility, the maximization of solar gain for the buildings
constructed thereon.
d.
Right-of-Way and Pavement Width. The right-of-way width shall be
measured from lot line to lot line and the paved width from curb to
curb, and shall be not less than the following:
1.
Arterial Street: 80 feet right-of-way and paved width based upon
a traffic study and as determined by the Board.
2.
Collector Street: 60 feet right-of-way and paved width of 36 feet.
3.
Minor Street: 50 feet right-of-way and paved width of 30 feet.
4.
The right-of-way width and pavement width for internal streets in
an industrial development shall be determined by the Board on an individual
basis, and shall be of sufficient width to safely accommodate the
maximum traffic, parking and loading needs, as well as access for
firefighting equipment.
5.
No street right-of-way shall be less than 50 feet in width.
e.
Relation to Adjoining Street System. The arrangement of streets in
new subdivisions shall make provision for the continuation of existing
streets in adjoining areas. New subdivisions that adjoin or include
existing streets that do not conform to widths as shown on the Master
Plan or Official Map, shall dedicate additional width along either
one or both sides of said street. If the subdivision is along one
side only, 1/2 of the required additional width shall be dedicated.
f.
Projection of Streets. Where adjoining areas are not subdivided,
the arrangement of streets in new subdivisions shall make provision
for the proper projection of streets.
g.
Street to Be Carried to Property Lines. When a new subdivision adjoins
lands which have a reasonable potential of being subdivided, new streets
shall be carried to the boundaries of the tract proposed to be subdivided.
The street arrangement shall be such as not to cause hardship to owners
of adjoining property when platting their own lands and shall provide
convenient access to those lands.
h.
Street Jogs Prohibited. Street jogs with centerline offsets of less
than 125 feet shall be prohibited.
i.
Dead-end Street or Cul-de-sac. Dead-end streets or cul-de-sacs, designed
to be permanent, shall not be longer than 600 feet, and shall be provided
at the closed end with a turn-around having a right-of-way radius
of not less than 50 feet. If a dead-end street is of a temporary nature,
a similar turn-around having a curb radius of 25 feet shall be provided
and provision made for future extensions of the street into adjoining
properties.
j.
Intersections. Street intersections shall be at an angle of 90°,
and curb returns shall have a radius of not less than 20 feet. All
intersections shall be designed and located to provide adequate intersection
sight distance in accordance with the following minimum criteria:
|
Intersection Sight Distances
| |
|---|---|
|
Design Speed or 85th Percentile Speed, whichever is higher,
Major Road, in MPH
|
Minimum Sight Distance in each Direction*, in feet
|
|
60
|
600
|
|
50
|
500
|
|
40
|
400
|
|
30
|
300
|
|
20
|
200
|
|
*Measured from a point on the minor road at least 15 feet from
the edge of the major road pavement, and in accordance with current
AASHO "height of eye" and "height of object" dimensions.
|
|
The above referenced distances are minimums. Additional distances
may be required to compensate for road gradient, conditions of pavements,
locations of traffic conflicts or other localized conditions that
could impact upon the time available to a driver to clear or enter
the major roadway.
|
[Ord. No. 889]
a.
Street grades shall be not less than 3/4 of 1% on any street, nor
more than 4% on arterial streets, 6% on collector streets and 8% on
minor streets.
b.
The maximum grade at an intersection, for a distance of 100 feet
from the centerline of the intersection of two roads, shall be 2%.
To the greatest extent practicable, streets shall be designed with
overall positive grade, and "sumps" or low points shall be avoided.
c.
Vertical Curves. All changes in grade shall be connected by vertical
curves of sufficient length to provide adequate stopping sight distances,
in accordance with the following criteria:
|
Minimum Stopping Sight Distance, In Feet
| |||||
|---|---|---|---|---|---|
|
Design Speed
|
20
|
30
|
40
|
50
|
60
|
|
Sight Distance *K value for:
|
150
|
200
|
300
|
450
|
650
|
|
Crest Vertical Curve
|
16
|
28
|
65
|
145
|
300
|
|
Sag Vertical Curve
|
24
|
35
|
60
|
100
|
155
|
|
*Note: K value is a coefficient by which the algebraic difference
in grade may be multiplied to determine the length in feet of the
required minimum vertical curve.
|
d.
Horizontal Curves. All offsets in the horizontal alignment of any
street shall be connected by a horizontal curve of such length to
provide for the safe negotiation of the curve at the design speed,
and to provide adequate stopping sight distance. The minimum centerline
radius shall be not less than 125 feet for cul-de-sacs, 250 feet for
minor streets and 500 feet for collector and arterial streets. A tangent
at least 100 feet long for collector and arterial streets and 50 feet
for minor streets shall be introduced between reverse curves of arterial
and collector streets.
[Ord. No. 889]
In addition to the requirements contained herein, the developer shall demonstrate that all applicable sight distances, pursuant to Section 19-4, are adequate to provide safe vehicular movement through and adjacent to the proposed subdivision.
[Ord. No. 889]
No subdivision showing reserve strips controlling access to
public ways, or to other potentially subdividable lands, shall be
approved by the Board except where the control and disposal of such
strips are placed within the jurisdiction of, and under conditions
approved by, the Governing Body.
[Ord. No. 889]
The dedication of street rights-of-way to the township, and
all new street names shall be subject to the approval of the Governing
Body.
[Ord. No. 889]
The developer shall plant shade trees, of a species and size
as determined by the Board, every 50 feet on both sides of the street
along a line five feet behind the right-of-way line. No easement shall
be required for this shade tree planting; all such trees shall be
maintained and replaced, if necessary, by the individual property
owner; and no tree may be removed, unless immediately replaced in
similar kind, without the permission of the Board.
[Ord. No. 889]
a.
Where a parcel is subdivided, the blocks shall be of such size and
shape and be so divided as to provide for the opening of future streets
as shall be determined by the Board.
b.
The block length between through-street intersections shall not be
less than 600 feet nor more than 1,200 feet. Where the block exceeds
1,000 feet in length, foot paths not less than 10 feet wide and extending
across the depth of the block may be required at appropriate locations.
c.
No block shall be less than 280 feet deep.
[Ord. No. 889]
a.
All lots shall abut an approved street for their entire frontage.
Side lot lines shall be substantially at right angles to straight
street lines or radial to curved street lines. Where additional width
has been dedicated for widening of existing streets, lots shall begin
at such additional width line, and all setbacks shall be measured
from such line.
b.
Lot dimensions and area shall not be less than the requirements of
the Zoning Ordinance for the zone district in which the lot is located.
c.
All lots shown on a subdivision plat shall be suitable for permitted purposes pursuant to the Zoning Ordinance, particularly without danger to health or peril from flood, fire, erosion or other menace. No lots shall be platted for residential occupancy within flood hazard areas, nor for such other uses as may increase danger to health, life or property pursuant to Chapter 21 of the Revised General Ordinances of the Township of West Caldwell. Such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or as shall not produce unsatisfactory living conditions.
d.
Where a proposed subdivision is traversed by a watercourse, there shall be provided a conservation easement conforming to the stream encroachment line as determined by the New Jersey Department of Environmental Protection or the limit of the floodway as defined in the above referenced Chapter 21. Unless otherwise provided, it shall be the property owner's responsibility to maintain the watercourse within the conservation easement and to the line and grade established by the approved subdivision plan.
e.
Double frontage lots having a depth of less than 300 feet shall not
be permitted.
f.
Lot and block numbers shall conform to the tax maps, and house or
building numbers shall be shown for each lot.
[Ord. No. 889]
Due regard shall be shown, in all subdivisions, for the conservation
of all natural features such as large trees, natural groves, watercourses,
scenic points and similar community assets.
[Ord. No. 889]
Provision for a sanitary sewage collection system shall be indicated
on all subdivision plans, and where the topography requires, a subsurface
easement for sanitary and storm water drainage shall be provided.
[Ord. No. 889]
Monuments shall be provided in accordance with the Map Filing
Law, N.J.S.A. 46:23-9.11q. Prior to the signing of the final plat,
the developer shall post a monument bond equivalent to $200 for each
monument to be set.
[Ord. No. 889]
The sales office and the model home, if any, for all major subdivisions
shall at all times display the following: West Caldwell Zoning Map,
Final Subdivision Plat, and Site Grading Plan.
[Ord. No. 889]
All subdivisions shall conform to the engineering standards
of the Township of West Caldwell, including, but not limited to, construction
standards, as-built plan standards and certification of improvement
standards. Such standards as may, from time to time, be adopted shall
be:
[Ord. No. 889]
The Board shall have the right to change, alter or modify any
of the plans and specifications for the construction of the work after
final approval where conditions are encountered which, on the recommendation
of the Township Engineer, require change, alteration or modification,
without in any way imposing any obligation on the township to pay
for any additional expense which may be sustained by the developer
by reason thereof.
[Ord. No. 889]
After final approval by the Board, the Governing Body may, at
its option, require the execution, by resolution of the Governing
Body, a formal contract in writing with the developer providing the
following.
[Ord. No. 889]
All work shall be performed at the entire cost and expense of
the developer, under the jurisdiction of the Township Engineer and
in conformity with the maps, plans, and specifications approved by
the township. It shall also provide that the Township Engineer may
order the suspension of any and all work to be performed if the same
is not in accord with the approved plans and specifications.
[Ord. No. 889]
The township shall not be construed to accept any street by
reason of the making of said contract.
[Ord. No. 889]
The contract shall be subject to all ordinances of the township
relating to the operation and maintenance of the sanitary sewer system,
storm drain system and water distribution system and any and all other
ordinances in any way affecting the operation and maintenance of the
sanitary sewer and water distribution systems.
[Ord. No. 889]
All improvements and any part thereof shall be and become the
property of the township upon completion and acceptance of the work
in accordance with the terms of the contract.
[Ord. No. 889]
All improvements shall be completed in accordance with the requirements
of the approved plan.
[Ord. No. 889]
The electrical and gas services shall be installed, subject
to the jurisdiction of the applicable agency of the State of New Jersey.
[Ord. No. 889]
The contract shall be executed by any and all mortgagees of
the property.
[Ord. No. 889]
The developer shall indemnify and save and hold harmless the
township, its officers and employees from all damages, loss, or claims
for liability whatsoever arising out of the work performed under the
contract, and from any loss or damages arising from any default or
negligence by the developer in the performance of the said work.
[Ord. No. 889]
The township may withhold the issuance of a certificate of occupancy
for any structure within the subdivision until such time as all work
deemed necessary for the safe occupancy of the property is completed.
[Ord. No. 889]
Prior to acceptance, the developer shall furnish to the Township Engineer one complete set of reproducible Mylar tracings and three sets of signed and sealed prints of the as-built plan pursuant to Section 19-10 showing each improvement, all grading and all structures in the exact manner as actually constructed.
[Ord. No. 889]
A timetable for completion of all requirements stated therein.
[Ord. No. 889]
The developer shall submit a certification of improvements pursuant to Section 19-10 which shall be prepared by a licensed professional engineer, certifying that all improvements have been completed in accordance with the requirements of the approved plan, and further certifying that all construction and materials are in conformance with good engineering practices.
[Ord. No. 889]
The township may require the developer to provide soils and
pavement testing prior to the acceptance of any roadway.
[Ord. No. 889]
The township may require the developer to provide guarantees pursuant to subsection 18A-9.8 of the Land Use Procedures Ordinance.
[Ord. No. 889]
When acting upon an application for subdivision approval, the
Board shall have the power, pursuant to the Municipal Land Use Law
(N.J.S.A. 40:55D-51), to grant such exceptions from the applicable
regulations and standards of this chapter as it may deem reasonable
and within the general purpose and intent of this chapter, upon written
application therefor by the applicant which sets forth the nature
and extent of the exceptions requested and the pertinent facts upon
which the applicant will rely to support the request, provided however
that no such exception shall be granted unless the Board finds:
a.
That the literal enforcement of one or more of the provisions of
this chapter, in the particular application before the Board, is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question; and
b.
That the granting of the requested exception will not be detrimental
to the public health, safety or welfare nor injurious to property
in the area.
[Ord. No. 889]
If the provisions of any section, subsection, paragraph, subparagraph
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order or judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subparagraph
or clause of this chapter and, to this end, the provisions of each
section, subsection, paragraph, subparagraph or clause of this chapter
are hereby declared to be severable.
[Ord. No. 889]
This chapter being necessary for the welfare of the township
and its inhabitants shall be considered liberally to effect the purposes
thereof.
[Ord. No. 889]
This chapter shall take effect immediately upon adoption and
publication according to law.
