[1978 Code § 12-301]
This Chapter shall be known and may be cited as; "The Land Subdivision
Ordinance of the Township of Hope."
[1978 Code § 12-302]
The purpose of this Chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Township of Hope in
order to promote the public health, safety, convenience and general
welfare of the Municipality. It shall be administered to insure the
orderly growth and development of the Township, the conservation,
protection and proper use of land, and adequate provisions for circulation,
utilities, and services.
[1978 Code § 12-303]
The provisions of this Chapter shall be administered by the
Township of Hope Planning Board and where permitted by statute, the
Zoning Board of Adjustment in accordance with all applicable provisions
of C. 40:55D-1 et seq.
[1978 Code § 12-304; Ord. #7/21/82; Ord. #7/3/86,
S 1; Ord. #89-10, § VI; Ord. #90-11; Ord. #04-05]
As used in this Chapter:
Shall mean the developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
Shall mean the process of subdividing or obtaining site plan
review. It may also refer to the improvement of land and, in proper
context, to a subdivision.
Shall mean the lands required for the installation of storm
water sewers or drainage ditches, or required along a natural stream
of water for preserving the channel and providing for the flow of
water therein to safeguard the public against flood damage in accordance
with Chapter One of Title 58 of the Revised Statutes.
Shall mean the official action of the Planning Board taken
on an approved preliminary plat after all requirements, conditions,
engineering plans, etc., have been completed and the required improvements
installed or bonds properly posted for their completion. A plat that
receives such final approval must have been prepared by a licensed
Professional Engineer and a Land Surveyor in compliance with all the
provisions of N.J.S.A. 46:23-9.9 et seq. and is the map which must
be filed with the county in accordance with C. 40:55D-54 in order
to make the approval binding.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations and which if approved shall be filed with the
proper County Recording Officer.
Shall mean those as outlined under preliminary plat details, and the design standards as outlined under Section 19-4.
Shall mean a subdivision specifically permitted by the provisions
of this Chapter in which private roads and facilities are permitted
under an approved contractual arrangement for the maintenance thereof
by the lot owners which roads and facilities are subject to less stringent
regulations than otherwise required for subdivisions. Lots in a large
lot subdivision shall have a minimum area requirement of six acres
and resubdivision of any lot in a large lot subdivision shall be prohibited.
Shall mean a parcel or portion of and separated from other
parcels or portions by description as on a subdivision or record of
survey map or by metes and bounds for purchase of sale, lease, or
separate use.
Shall mean all subdivisions not classified as minor subdivision.
Shall mean a composite of the mapped and written proposals
recommending the physical development of the municipality which shall
have been duly adopted by the Planning Board.
Shall mean the division of a tract of land meeting one or
more of the following conditions:
The division of a parcel of land for the purpose of enlarging
an adjoining parcel wherein its future use or development is not adversely
affected.
The division of a tract of land into not more than two residential
lots plus the remainder of the tract being subdivided wherein all
such lots or parcels meet all of the following requirements.
All lots front on an existing street as defined in this Chapter
which is of the width shown on the Master Plan and which is improved
sufficiently to meet all requirements of C. 40:55D-35 so that a building
permit could be issued to construct a building on each lot.
No new streets or roads are involved.
Curbs, sidewalks and other improvements required in Section 19-4 are either in existence or that the lots are located in a developed area where such improvements would normally be installed by the township either as a general improvement or by assessment against benefiting property owners.
The resulting lots are suitable for their intended purpose without
the necessity of making unusual changes in grades of the lots.
The creation of the lots will not produce a drainage problem
or result in the necessity for drainage improvements or any other
type of off tract improvement.
The creation of the lots will not adversely affect the uniform
and comprehensive development of any remaining parcel or adjoining
land in terms of:
Notwithstanding the foregoing, not more than two lots and a remainder shall be created by minor subdivision if complete development of the remaining lot or parcel, as permitted by Chapter 20, Zoning, would require a new road or roads. Subsequent subdivision of the remaining lot or parcel shall be accepted only as a major subdivision.
Minor subdivision of a tract occurring within 60 calendar months
prior to the filing of an application for a subsequent minor subdivision
on a portion of the original tract will be considered together with
the subsequent application for purposes of minor subdivision classification
of a minor or major subdivision regardless of the present or prior
ownership.
Shall mean the final map of a minor subdivision which is
presented to the Planning Board for approval and which if approved
shall be filed with the proper County Recording Officer.
Shall mean the Municipal Planning Board or Board of Adjustment.
Shall mean a map adopted in accordance with the provisions
of C. 40:55D-32 et seq. Such a map shall be deemed to be conclusive
with respect to the location and width of the street, public parks
and playgrounds, and drainage right-of-way shown thereon.
Shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is a part) which is the
subject of the development application or contiguous portion of a
street or right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on contiguous portions of a street
or right-of-way.
Shall mean water, sewer, drainage and street improvements
not located on the property, which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Shall mean location on the lot in question.
Shall mean location on the property which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
Shall mean any individual, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in the land sought to be subdivided to commence and maintain proceedings,
to subdivide the same under this Chapter, and for the purpose of this
Chapter shall include developer, applicant, agent, engineer or other
person authorized to represent the owner as defined herein.
Shall mean any security which may be accepted in lieu of
a requirement that certain improvements be made before the Planning
Board or other approving body approved a plat, including performance
bonds, escrow, agreements, and other similar collateral or surety
agreements.
Shall mean the map of a subdivision.
Shall mean the official action taken on a preliminary plat
by the Planning Board meeting in regular session which determines
whether or not the maps submitted are in proper form and meet the
established standards adopted for design, layout and development of
the subdivision. Such preliminary approval confers upon a subdivider
all rights provided for by virtue of the provisions of C. 40:55D-49.
Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting requirements of Section 19-3.
Shall mean the land reserved or dedicated for the installation
of storm water sewers or drainage ditches, or required along a natural
stream or watercourse for preserving the channel and providing for
the flow of water to safeguard the public against flood damage, sedimentation
and erosion.
Shall mean (a) the further division or relocation of lot
lines of any lot or lots within a subdivision previously made and
approved or recorded according to law, or (b) the alteration of any
streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
other instrument.
Shall mean any avenue, street, boulevard, road, land, parkway,
viaduct, alley or other way which is an existing state, county, or
municipal roadway, or a street or way shown upon a plat duly filed
and recorded in the office of the County Recording Officer prior to
the appointment of a Planning Board and the grant to such Board of
the power to review plats and includes the land between the street
lines whether improved or unimproved, and may comprise pavement, shoulders,
gutters, sidewalks, parking areas, and other areas within the street
lines. For the purpose of this Chapter streets shall be classified
as follows:
Controlled access regional highways are those that are used
by heavy through traffic and which permit no access from abutting
property.
Arterial streets are those which are used primarily for fast
or heavy traffic.
Major streets are those which are used primarily for heavy local
and through traffic.
Collector streets are those which carry traffic from minor streets
to the major streets, including the principal entrance streets of
a residential development and streets for circulation within such
a development.
Minor streets are those which are used primarily for access
to the abutting properties.
Marginal access streets are those which are parallel or adjacent
to controlled access highways or major thoroughfares; and which provide
access to abutting properties and protection from through traffic.
Alleys are minor ways which are used primarily for vehicular
service access to the back or side of properties otherwise abutting
on a street.
Shall mean an applicant for development.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development, except
that the following divisions shall not be considered subdivisions
provided that no new streets or roads are involved:
Divisions of land found by the Planning Board or subdivision
committee thereof appointed by the chairman to be for agricultural
purposes where the resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order; or
Conveyances so as to combine existing lots by deed or other
instrument. Subdivision also includes resubdivision and, where appropriate
to the context, relates to the process of subdividing or to the lands
or territory divided.
The transfer of title to one or more adjoining lots owned by
the same person or persons as the same are designated on a map filed
in the Warren County Clerk's office prior to the establishment
of a Planning Board in the Township pursuant to the Municipal Planning
Act of 1953 shall be considered a subdivision of land.
Shall mean a committee of at least three Planning Board members
appointed by the chairman of the board for the purpose of reviewing
applications for subdivision and site plans in accordance with the
provisions of this Chapter for the purpose of determining whether
the applications are complete.
Shall mean any natural swale, stream, brook, or river which
is the natural course of storm or running water through which water
flows ordinarily and frequently but not necessarily continuously.
This definition includes watercourses which have been artificially
constructed, realigned or improved.
[1978 Code § 12-305; New; Ord. #89-10, § VII]
a.
Any owner of land within the Township of Hope may, prior to subdividing
or re-subdividing land where such subdivision is desired to qualify
as a minor subdivision, submit an application for minor subdivision
approval to the Secretary of the Planning Board in accordance with
the "Land Use Procedures Ordinance of Hope Township"; accompanied
by fees and deposits in appropriate amounts as specified in subsection
19-2.5.
b.
The Municipal Agency will certify that the application is complete
after such completion has been recommended by the Agency's authorized
committee or designee. Three copies of the final minor subdivision
plat, as approved by the Municipal Agency, shall be delivered by the
applicant to the Warren County Planning Board for its consideration.
After all conditions of approval have been met, the Chairman, Engineer,
and Secretary of the Municipal Agency will sign six copies of the
approved plat.
c.
The Secretary of the Municipal Agency shall forward one copy of each
to the following: (1) Building Inspector; (2) Zoning Office; (3) Tax
Assessor; (4) Municipal Clerk; (5) Applicant; (6) Municipal Agency
file.
d.
Either a deed or plats shall be filed by the applicant in accordance with the provisions of Section 17-1.8a.
e.
A copy of the resolution of approval, along with plats signed by
the Warren County Planning Board will be sent to the applicant. If
the application is disapproved, a copy of the resolution will be sent
to the applicant.
f.
If a plat is approved or disapproved as a minor subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider. If the plat is disapproved the applicant shall comply with the procedure in subsections 19-2.2 and 19-2.3. If a plat is approved, the applicant shall forward the plat to the Warren County Planning Board for its consideration.
[1978 Code § 12-305]
a.
Preliminary plats and the supporting documents for a proposed major
subdivision constitute the material to be officially submitted to
the Planning Board. They show the general design of the subdivision
and its public improvements so that the Planning Board can indicate
its approval or disapproval of the subdivision prior to the time that
the final plat, including design and detailing of the public improvements
and utilities, is completed.
b.
Prior to the submission of an application for preliminary major subdivision
approval, the developer may submit to the Planning Board a tentative
plat and such site data as may be available. The tentative plat will
not be considered as a formal application, but rather will serve as
a basis for discussion so that the Planning Board may provide informal
guidance to the developer in the preparation of his application for
preliminary approval.
c.
Any owner of land who desires major subdivision approval shall submit his application and maps and other required information in accordance with the requirements of this Chapter and Chapter 17, Land Use Procedures together with the required fees. The applications and plats shall be forwarded to the subdivision committee and the Township Engineer for review. If the subdivision committee finds that the application for development is incomplete the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted. If the applicant is not the record owner of the title to the property being subdivided, he shall file a written consent signed by the owner consenting to the making of the application. The Secretary of the Planning Board shall forward one copy thereof to the Municipal Clerk. The developer shall file three copies with the County Planning Board. The County Planning Board shall have 30 days to review and respond. In the absence of a response within 30 days, the County Planning Board shall be deemed to have approved the plat.
d.
The applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provision of Chapter 17, Land Use Procedures and C. 40:55D-12. If the Planning Board requires any substantial amendment in the lay-out of improvements proposed by the developer that have already been the subject of hearing an amended application shall be submitted and proceeded upon as in the case of the original application for development including the giving of notice in accordance with the provisions of C. 40:55D-12.
e.
Copies of the preliminary plat shall be forwarded by the Secretary
of the Planning Board prior to the hearing to the following persons:
1.
Planning Board Members;
2.
Planning Board Engineer;
3.
Hope Township Environmental Commission;
4.
Planning Board Consultants;
5.
Planning Board Attorney;
6.
Warren County Board of Health;
7.
Such other Municipal, County, and State officials as directed by
the Planning Board. The applicant shall deliver three copies of the
plat to the Warren County Planning Board.
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If the preliminary plat lies within two hundred (200')
feet of another Township boundary, a copy of the plat shall be sent
by the Planning Board Secretary to the Secretary of the Planning Board
of the adjoining community. A written statement shall be requested
from the adjoining community indicating whether the proposed subdivision
of the Township is in reasonable harmony with its plans for development.
The Secretary of the Planning Board of the adjoining community should
be informed of the date of the public hearing and any communications
received prior to this date will be considered in relation to the
approval or disapproval of the plat.
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f.
After the public hearing, the Planning Board shall take formal action
either approving or disapproving the preliminary plat within the time
required by C. 40:55D48, viz. for a division of 10 or fewer lots the
Planning Board shall grant or deny preliminary approval within 45
days of the date of the submission and in the case of a subdivision
of more than 10 lots it shall grant or deny preliminary approval within
95 days of the date of such submission or within such further time
as may be consented to by the developer. Otherwise the Planning Board
shall be deemed to have granted preliminary approval to the subdivision.
If the plat is disapproved, the reasons for disapproval shall
be given to the subdivider.
g.
Approval of any application shall be conditioned on certification
by the Warren County Soil Conservation District of a plan for soil
erosion and sediment control pursuant to the provisions of Ch. 251,
L. 1975.
h.
If the Planning Board acts favorably on a preliminary plat, the Chairman
of the Planning Board shall affix his signature to the plat with a
notation that it has received preliminary approval and returned to
the subdivider for compliance with final approval requirements.
i.
A copy of the action taken by the Planning Board shall be forwarded
to the Municipal Clerk.
j.
Preliminary approval shall except as hereinafter set forth confer
upon the applicant the following rights for a three year period from
the date of such approval:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; except that
nothing herein shall be construed to prevent the municipality from
modifying by ordinance such general terms and conditions of preliminary
approval as related to public health and safety.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat; and
3.
That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance
such revised standards shall govern.
4.
In the case of a subdivision for an area of 50 acres or more the
Planning Board may grant the rights referred to in a, b and c above
for such period of time longer than three years, as shall be determined
by the Planning Board to be reasonable taking into consideration (a)
the number of dwelling units and non-residential floor area permissible
under preliminary approval, (b) economic conditions and (c) the comprehensiveness
of the development. The applicant may apply for thereafter and the
Planning Board may thereafter grant an extension of preliminary approval
for such additional period of time as shall be determined by the Planning
Board to be reasonable taking into consideration (a) the number of
dwelling units and non-residential floor area permissible under preliminary
approval and (b) the potential number of dwelling units and non-residential
floor area of the section or sections awaiting final approval, (c)
economic conditions and (d) the comprehensiveness of the development;
provided that if the design standards have been revised standards
shall govern.
[1978 Code § 12-305; Ord. #89-10, § IX]
Prior to Final Approval. Before consideration of a final subdivision plat, the subdivider shall have installed all required improvements as specified in Section 19-4 under the supervision and inspection of the Municipal Agency Engineer, except that the Planning Board may accept a performance guarantee approved by the Municipal Agency Attorney in an amount equal to 120% of the established cost of the improvement of which 10% of that total amount shall be in cash or certified check for the later installation of the following improvements only:
[1978 Code § 12-305; Ord. #89-10, § X]
b.
The application shall be accompanied by fees and deposits in appropriate
amounts as specified in subsection 19-2.5.
d.
Letters required prior to the final approval. Prior to the final
approval in the Planning Board shall have received the following:
1.
A letter containing a list of all items to be covered by a performance
guarantee (cash or certified check), the quantities of each item,
the cost of each of them and the total amount of all items.
2.
A letter from the Township Engineer stating that the required improvements
have been installed to his satisfaction and in accordance with applicable
Township specifications, and that the performance guarantee is adequate
to cover the cost of remaining improvements.
3.
A letter from the applicant's engineer stating that the final
plat conforms to the preliminary plat as submitted and approved.
e.
Time Limitation. Final approval shall be granted or denied within the time specified in Chapter 17, Land Use Procedures. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary of the Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing final subdivision plat.
Whenever review of approval of the application by the County
Planning Board is required the Municipal Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board.
f.
Distribution of Copies. After final approval, one mylar shall be
filed with the Municipal Agency Engineer. The original tracing and
one print shall be returned to the applicant. Copies of the final
plat shall also be filed with the following:
g.
Filing. Within 95 days of final approval. The final plat shall be
filed by the subdivider with the County Recording Officer in accordance
with the provisions of C. 40:55D-54. For good and sufficient reasons,
the Planning Board may extend the time for filing for an additional
period not to exceed 190 h. No plat shall be offered for filing to
the County recording Officer unless it has been duly approved by the
Township Planning Board and signed by the Township Engineer, the Chairman,
the Secretary and Municipal Clerk.
[1]
Editor's Note: Former subsection 19-2.5, Schedule of
Fees and Deposits, previously codified herein and containing portions
of Code 1978 and Ord. Nos. 7/21/82; 91-03 and 93-04 was repealed in
its entirety by Ord. No. 96-07.
[1978 Code § 12-305; Ord. #7/21/82]
a.
As a condition for preliminary or minor subdivision approval the
applicant who owns property on the land to be subdivided within twenty-five
(25') feet of the center line of any Township road shall deed
same to the township of Hope, the deed to be approved by the Township
Engineer and Township Attorney.
b.
This requirement may be waived in whole or in part in the discretion
of the Planning Board or Board of Adjustment by a vote of 2/3 of the
full Planning Board or Board of Adjustment if real property improvements
lie within forty (40') feet of the center line of said road.
The Planning Board or Board of Adjustment will take into consideration
the effect of the deeding of the real property improvements, the needs
of the Township, the safety of the owners and the public, and the
effect on other neighboring properties, among other considerations.
[1978 Code § 12-306; Ord. #7/21/82; 5/29/87]
No subdivision application shall be accepted unless submitted
in plat form. No plat shall be accepted for consideration unless it
fully conforms to the following requirements as to form, content and
accompanying information. The plat shall have been drawn by a professional
engineer and land surveyor, or land surveyor as required by State
Statute, licensed to practice in the State of New Jersey and shall
bear the signature, seal, license number and address of the professional
engineer and/or land surveyor and date of survey. The plat for a major
subdivision shall conform with the provisions of N.J.S.A. 46:23 et
seq. (Map Filling Law). In the case of a minor subdivision application,
the plat need not comply with the provisions of N.J.S.A. 46:23 et
seq., the Map Filing Law, unless the applicant wishes to perfect the
minor subdivision approval he may obtain by filing the approved plat
with the Warren County Clerk. In the event he wishes to file the plat
as submitted, it shall comply with, in all respects, the provisions
of N.J.S.A. 46:23 et seq. If the applicant wishes to perfect the minor
subdivision approval by deed, he must present deed(s) (conforming
to S12-313) for Hope Township Planning Board Officials to sign prior
to filing with the Warren County Clerk.
[1978 Code § 12-306; Ord. #7/21/82; Ord. #5/29/87]
a.
The plat to be clearly and legibly drawn at an accurate scale of
not less than one (1") inch equals one hundred (100') feet and
shall be based on actual survey of the portion being subdivided, certified
by a New Jersey licensed surveyor. The remainder lot need not be based
on an actual survey if the remainder lot can be further subdivided
without a variance or waiver.
b.
Sheet size either fifteen (15") inches by twenty-one (21") inches,
twenty-four (24") inches by thirty-six (36") inches, or thirty (30")
inches by forty-two (42") inches.
c.
Plans shall be prepared by New Jersey licensed architect or New Jersey
licensed engineer if application involves the location of proposed
buildings and their relationship to the site and the immediate environs.
d.
Plans shall be prepared by New Jersey licensed architect, New Jersey
licensed planner or New Jersey licensed engineer if application involves
the location of drives, parking layout, pedestrian circulation and
means of ingress and egress.
e.
Plans shall be prepared by New Jersey licensed engineer if application
involves drainage facilities for site plans of 10 acres or more; or
involves storm water detention facilities, or traversed by a water
course.
f.
When more than one sheet is required, an index sheet of the same
dimensions shall be filed showing the entire subdivision on one sheet
and each separate sheet shall show references to the adjoining sheets,
at a scale of not less than one (1") inch equals two hundred (200')
feet et seq. (Map Filing Law) as amended.
g.
Metes and bounds description of parcel in question based on current
land survey information (on Plat).
h.
Property line shall be shown in degrees, minutes and seconds and
feet.
i.
Key map at same scale as tax map sheet showing location of tract
to be considered in relation to surrounding area. Show all zone district
lines and adjoining zones within five hundred (500') feet.
j.
Title block containing name of applicant, preparer, tax map sheet,
lot and block numbers, date prepared, date of last amendment and zoning
district.
k.
Each block and lot numbered in conformity with the municipal tax
map as determined by the municipal tax assessor.
l.
Scale of map, both written and graphic.
m.
North arrow giving reference meridian.
n.
Space for signatures of Chairman and Secretary of the Municipal Agency.
o.
Names, lot and block numbers of all property owners within two hundred
(200') feet of subject property.
p.
All existing and proposed property lines within and immediately adjoining
the tract and all lot lines to be eliminated. All lot lines based
on survey shall be shown to 1/100 of a foot, bearings to at least
10 seconds and curve data with radius, central angle and arc length.
q.
Acreage of affected parcel to the nearest thousandth of an acre (three
decimal places).
r.
Number of lots following subdivision including areas in acres if
one acre or over or in square feet if under one acre.
s.
The name, address, phone number and signature of the owner, subdivider
and person preparing plat.
t.
Flood plains or flood hazard areas.
u.
Natural and man-made watercourse, streams, shorelines and water boundaries
and encroachment lines within two hundred (200') feet of portion
to be subdivided.
v.
Location of existing structures and the shortest distances from existing
and proposed property lines.
w.
Location and type of existing easements or rights-of way including
power lines.
x.
Location of existing railroads, bridges, culverts, drainage pipes,
water and sewer mains and other man-made installations affecting the
tract.
y.
Location and description of monuments whether set or to be set.
z.
Required road dedication.
aa.
Proposed sight easements where required.
bb.
Proposed drainage easements where required.
cc.
Any sections for which a waiver is specifically being requested and
a narrative paragraph explaining why the applicant is entitled to
such waiver.
[1978 Code § 12-306; Ord. #7/21/82; Ord. #5/29/87;
Ord. #96-09]
a.
Zoning district in which parcel is located, indicating all setbacks.
b.
Contours to determine the natural drainage of the land shall be at
ten (10') foot intervals.
c.
Aquifer recharge areas, including safe sustained ground water yield
within two hundred (200') feet.
d.
Wooded areas indicating predominant species and size within two hundred
(200') feet of portion to be subdivided.
e.
Areas in which construction is precluded due to presence of stream
corridors and/or steep slopes.
f.
All areas to be disturbed by grading or construction.
g.
Location of existing wells and septic systems within two hundred
(200') feet of new lots being created (including remainder lot
unless remainder can be further subdivided).
h.
When on-lot water and/or on-lot sewage disposal are proposed, the
plat shall be accompanied by the results of all passing and failing
percolation test(s) and soil log(s). The percolation test(s) and soil
log(s) shall have been located on each proposed lot and at the proposed
site, if possible, of the septic system. Appropriate additional locations
in the leaching field within each site shall be accompanied by the
approval of the appropriate Township and State agencies. The percolation
test(s) and soil log(s) shall include all data required by Township
and State agencies including, but not limited to, the date of the
test(s), the location of each test shown on the plat, cross section
of the soil to a depth of at least ten (10') feet below finished
grade, ground water level, the rate of percolation, the weather conditions
prevailing at the time of the test(s) as well as the preceding 24
hours.
i.
Location, names and widths of all existing and proposed streets and
roads on the property and within two hundred (200') feet of the
tract.
j.
Natural resource inventory information including:
1.
Soil types as shown by the current Soil Conservation Survey maps.
2.
Soil depth to restrictive layers of soil.
3.
Soil depth to bedrock or ten (10') feet maximum.
4.
Permeability of the soil by layers.
5.
Height of soil water table and type of water table.
6.
Flood plain soil (status).
7.
Limitation for foundation.
8.
Limitation for septic tank absorption field where applicable.
9.
Limitation for local roads and streets.
10.
Agricultural classifications.
11.
Erosion hazard.
k.
(Reserved)
l.
The purposes of any proposed easement of land reserved or dedicated
to public or common use shall be designated and the proposed use of
sites other than residential shall be noted.
[1978 Code § 12-306; Ord. #7/21/82; Ord. #5/29/87]
a.
Zoning district in which parcel is located, indicating all setbacks.
b.
Number of lots following subdivision including areas in acres if
one acre or over or in square feet if under one acre.
c.
Contours to determine the natural drainage of the land. Intervals
shall be up to 10% grade - two (2') feet, over 10% grade - five
(5') feet.
d.
Cliffs and rock outcroppings.
e.
Aquifer recharge areas, including safe sustained ground water yield
within two hundred (200') feet.
f.
Wooded areas indicating predominant species and size within two hundred
(200') feet of portion to be subdivided.
g.
Location of trees twelve (12") inches or more in diameter, as measured
one (1') foot above ground level, outside the wooded area, designating
species of each.
h.
Areas in which construction is precluded due to presence of stream
corridors and/or steep slopes.
i.
All existing and proposed watercourses (including lakes, ponds, aquifers,
marsh areas) shall be shown and accompanied by the following:
1.
When a running stream with a drainage area of 1/2 square mile or
greater is proposed for alteration or relocation, or when a structure
or fill is proposed over, under, in or along such running stream,
evidence of approval, required alterations, lack of jurisdiction,
or denial of the improvements by the New Jersey Division of Water
Resources shall accompany subdivision.
2.
Cross sections and profiles of watercourses at a scale of one (1")
inch equals five (5') feet showing the extent of floodway and
flood hazard area, top of bank, normal water level and bottom elevations
at the following locations:
(a)
At fifty (50') foot intervals for a distance of five hundred
(500') feet upstream and downstream of any proposed culvert or
bridge within the subdivision and/or within one thousand (1,000')
feet downstream of the subdivision.
(b)
At fifty (50') foot intervals for three hundred (300')
feet upstream and downstream of any point in juncture of two or more
watercourses within the subdivision and/or one thousand (1,000')
feet downstream of the subdivision.
(c)
At a maximum of five hundred (500') foot intervals but
no less than two locations, along each watercourse which runs through
or within five hundred (500') feet of the subdivision.
(d)
At any point where a watercourse crosses a boundary of the subdivision.
(e)
When ditches, streams, brooks or watercourses are to be altered,
improved or relocated, the method of stabilizing slopes and measures
to control erosion and the siltation as well as typical ditch sections
and profiles shall be shown on the plat or accompany it.
3.
The total acreage in the drainage basin of any watercourse running
through or adjacent to a subdivision in the area upstream of the subdivision.
4.
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage of that portion of the subdivision
that drains to the structure.
5.
The location and extent of drainage and conservation easements and
stream encroachment lines.
6.
The location, extent and water level elevation of all existing or
proposed lakes or ponds within or adjacent to the subdivision.
7.
The plans and computations for any storm drainage systems, including
all existing or proposed storm sewer lines within or adjacent to the
subdivision showing size and profile of the lines, direction of the
flow and the location of each catch basin, inlet, manhole, culvert
and headwall.
8.
The plans and computations for any drainage system including the
location and extent of any proposed dry wells, ground water recharge
basins, retention basins, detention basins, flood control devices,
sedimentation basins and other water conservation devices.
j.
All areas to be disturbed by grading or construction.
k.
Location of existing wells and septic systems within two hundred
(200') feet of new lots being created (including remainder lot
unless remainder can be further subdivided).
l.
When on-lot water and/or on-lot sewage disposal are proposed, the
plat shall be accompanied by the results of all passing and failing
percolation test(s) and soil log(s). The percolation test(s) and soil
log(s) shall have been located on each proposed lot and at the proposed
site, if possible, of the septic system. Appropriate additional locations
in the leaching field within each site shall be accompanied by the
approval of the appropriate Township and State agencies. The percolation
test(s) and soil log(s) shall include all data required by Township
and State agencies including but not limited to, the date of the test(s),
the location of each test shown on the plat, cross section of the
soil to a depth of at least ten (10') feet below finished grade,
ground water level, the rate of percolation, the weather conditions
prevailing at the time of the test(s) as well as the preceding 24
hours.
m.
Plans and profiles of proposed utility layouts, such as sewers, storm
drains, water, gas and electric, showing feasible connections to existing
or proposed utility systems.
n.
If service will be provided by an existing utility company, a letter
from the company shall be submitted stating that service will be available
before the occupancy of any proposed structures.
o.
Location, names and widths of all existing and proposed streets and
roads on the property and within three hundred (300') feet of
the tract.
p.
Road orientation (as it relates to energy conservation).
q.
Sketch of prospective future street system of the entire tract where
a preliminary plat covers only a portion thereof.
r.
Plans, cross-sections, center line profiles, tentative grades and
details of all proposed streets and of the existing streets abutting
the subdivision based on the vertical datum specified by the Township
Engineer together with full information as to the disposal of surface
drainage and including plans, cross-sections and profiles of curbing,
sidewalks, storm and drainage structures. Typical street cross-sections
shall indicate type of and width of pavement and the location of curbs,
sidewalks and shade plantings. At intersection, the sight triangles,
radii or curblines and street sign locations shall be clearly indicated.
s.
Natural resource inventory information including:
1.
Soil types as shown by the current Soil Conservation Survey maps.
2.
Soil depth to restrictive layers of soil.
3.
Soil depth to bedrock or ten (10') feet maximum.
4.
Permeability of the soil by layers.
5.
Height of soil water table and type of water table.
6.
Flood plain soil (status).
7.
Limitation for foundation.
8.
Limitation for septic tank absorption field where applicable.
9.
Limitation for local roads and streets.
10.
Agricultural classifications.
11.
Erosion hazard.
t.
Landscaping plan including the types, quantity, size and location
of all proposed plantings.
u.
Soil Erosion and Sediment Control Plan consistent with the requirements
of the local soil conservation district.
v.
Design calculations showing proposed drainage facilities to be in
accordance with the appropriate drainage runoff requirements.
w.
The purposes of any proposed easement of land reserved or dedicated
to public or common use shall be designated and the proposed use of
sites other than residential shall be noted.
x.
Lighting plan.
y.
Consideration for fire protection should be considered and reviewed
with local Fire Department.
[Ord. #5/29/87]
a.
The final plat will show the following information:
1.
Cross-section, profiles and established grades of all streets as
approved by the Township Engineer.
2.
Plans and profiles of all storm and sanitary sewers and water mains
as approved by the Township Engineer.
3.
Location and description of all monuments as required with at least
one corner of the subdivision tied into New Jersey Grid Coordinate
System benchmark(s) with data on the plat as to how the bearings are
determined. All dimensions, angles, bearings given on the map must
be referred to at least two monuments not less than three hundred
(300') feet apart which shall be indicated.
b.
The location and extent of drainage and conservation easements and
stream encroachment lines.
c.
Plans and profiles of proposed utility layouts, such as sewers, storm
drains, water, gas and electric, showing feasible connections to existing
or proposed utility systems.
d.
Location, names and widths of all existing and proposed streets and
roads on the property and within two hundred (200') feet of the
tract.
e.
Road orientation (as it relates to energy conservation).
f.
Consideration for fire protection should be considered and reviewed
with the local Fire Department.
[1978 Code § 12-307; Ord. # 7/21/82; Ord. # 7/3/86,
S 3]
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guarantees in accordance with the provisions of subsection 19-2.3 for the ultimate installation of the following improvements. The subdivision shall conform to the proposals and conditions shown on any adopted official map or master plan of the Township.
a.
Streets: All new streets shall be graded and paved in accordance
with the following:
1.
All streets other than those in approved large lot subdivision as
defined herein are to be built in accordance with plans and specifications
drawn and written by a licensed engineer and which have been approved
by the Township Committee and Township Engineer. The plans and specifications
shall include existing ground conditions and final finished street
grades both in profile and in cross section. The plans shall also
provide for proper drainage of slopes, cuts and intersections which
must in turn be related to the particular drainage condition of the
immediate vicinity.
2.
All streets other than those in approved large lot subdivisions shall
be constructed in accordance with the requirements set forth in the
following Street Construction Table.[1]
[1]
Editor's Note: The Street Construction Table is included as an attachment to this chapter.
3.
An adequate drainage system sufficient to handle all drainage at
all times and to prevent the collection of water in puddles at any
point in the right-of-way or on abutting properties, easements for
the right to discharge surface water through drainage structures and
over adjoining lands must be provided, and the location of catch basins,
drain outlets and other parts of such drainage system must be accurately
and distinctly shown on the maps filed with the Township Committee
and approved before acceptance of a street. The design and construction
of the drainage system shall be in conformity to the appropriate minimum
specifications of the New Jersey State Highway Department.
4.
In the event any ditch, pipeline, or watercourse crosses the right-of-way,
proper provisions must be made for carrying it and must be shown on
the map. If the watercourse is such as to come under the jurisdiction
of the Warren County Board of Chosen Freeholders written consent to
the location of the streets must accompany the map. The map must clearly
show the type of bridge, culvert, pipe, or other structures that will
be provided for the watercourse or stream.
b.
Streets in Large Lot Developments.
1.
General Requirements:
(a)
The private streets or roads in any approved large lot subdivision
development as defined in this Chapter must be constructed in accordance
with the following table:
|
Table of Road Standards for Large Lot Developments
| |
|---|---|
|
Right-of-Way Width
|
50'
|
|
Pavement Width
|
20'
|
|
Riding Lane Width
|
10'
|
|
Slope of Pavement
|
2% from centerline
|
|
Shoulder Width
|
None
|
|
Shoulder Slope
|
None
|
|
Pavement
|
2" F.A. - B.C. 1
|
|
Subbase
|
6" Gravel Subbase TYPE 5, Class "A"
|
|
Shoulder Construction
|
None
|
|
Earth Berm Width
|
8'
|
|
Earth Berm Slope
|
2% towards curb
|
|
Cut Slope in Earth
|
2:1
|
|
Cut Slope in Rock
|
1:4
|
|
Fill Slope 05'
|
3:1
|
|
Fill Slope 5 & Over
|
2:1
|
|
Topsoiling depth on Berms and Earth Slopes
|
4"
|
|
Seeding Type on Berms and Slopes Under 5'
|
Type "A"
|
|
Seeding Type on Slopes Over 5'
|
Type "E"
|
|
Design Speed
|
25 M.P.H.
|
|
Maximum Grade
|
15%
|
|
Minimum Grade
|
0.5%
|
|
Min. Centerline Radius
|
150.0 feet
|
|
Max. Grade of Private Road at Intersection with Public Road
|
4%
|
c.
Street Signs. The Planning Board may require that appropriate street
signs meeting the Township's specifications and approved by the
Township Engineer as to size and location shall be installed at the
intersection of all streets.
d.
Curb or Paved Gutter:
1.
Curb or paved gutter may be required to be constructed along the
sides of the pavement on all streets where the grade is 4% or greater.
Curbs shall be concrete or granite. No curb shall be required in large
lot developments except as may be specifically required by the Planning
Board and Township Engineer due to unusual or special circumstances
relating to a specific segment of road.
2.
Curbs, gutters and catch basins shall be adequate to handle the maximum
water run-off from tributary lands as determined by the Township Engineer.
3.
Concrete curbs and gutters shall be constructed in accordance with
New Jersey State Highway Specifications for Curbs and Gutters, as
amended or as modified by Township Engineering Standards.
4.
The concrete to be used for curbs and gutters shall be Class B concrete
as specified in the New Jersey State Highway Specifications for Curbs
and Gutters.
5.
The curb shall be laid in a workmanlike manner as directed and approved
by the Township Engineer.
6.
The curb at all delivery openings shall be depressed at the front
of the curb to a point one and one-half (1 1/2") inches above
the finished pavement.
7.
The rear top corner of the curb shall have a radius of one fourth
(1/4") inch and the front top corner shall have a radius of one and
one-half (1 1/2") inches. The depth of the curb shall be twenty
(20") inches. The width of the curb shall be nine (9") inches at the
bottom and eight (8") inches at the top.
8.
Curb openings shall be in such width as shall be determined by the
Township Engineer but in no case more than fifteen (15') feet
at the edge of the pavement.
e.
Sidewalks:
1.
Sidewalks shall not be required unless the Planning Board on the
advice of the Township Engineer finds that there are unusual or special
circumstances requiring sidewalks in specific locations.
2.
When required, concrete sidewalks shall be at least four (4')
feet wide and shall be constructed in accordance with the New Jersey
State Highway Department Standard Specifications for Road and Bridge
Construction. Sidewalks shall be located within the street right-of-way
or within sidewalk easements.
f.
Street Lighting: Street lighting shall be required at all intersections
and may be required in other locations as found by the Planning Board
to be necessary to public safety.
g.
Slopes: All fill slopes and cut slopes in earth and shale shall be
constructed on a slope of two to one (2:1). Cut slopes in rock shall
be constructed on a slope of one to four (1:4). These slopes pertain
to all streets.
h.
Drainage System:
1.
A preliminary grading and drainage system plan, drainage calculations
and drainage structure details shall be part of the preliminary plat.
The drainage improvements shall provide for an adequate system of
drainage structures to carry off and store or discharge the storm
water run-off and natural drainage water which originates not only
within the property boundaries. The storm frequency period shall be
determined by the Township Engineer.
2.
Drainage structures which are located on State or County Highway
rights-of-way shall be approved by the State or County Highway Engineer's
office, and a letter from that office indicating such approval shall
be directed to the Chairman of the Board and shall be received prior
to the final plat approval.
3.
The public improvement and utility plans and profiles shall show
the final drainage plan and street profiles. They shall be prepared
and submitted with the final plat after the approval of the preliminary
plat and drainage plan.
4.
No storm water run-off or natural drainage water shall be so diverted
as to overload existing drainage systems or create flooding or the
need for additional drainage structures on other private properties
or public lands without proper and approved provisions being made
for taking care of these conditions.
5.
Storm sewers and culvert shall consist of sections of reinforced
concrete pipe or bituminous coated corrugated metal pipe. The minimum
pipe size shall be fifteen (15") inches in diameter. All pipe shall
comply with the requirements of the New Jersey State Highway Department
Standard Specifications for Road and Bridge Construction.
6.
Land subject to periodic or occasional flooding shall not be plotted
for residential occupancy nor for any other use which may endanger
life or property or aggravate the flood hazard and, further, such
land within a plat shall be set aside for park purposes.
i.
Trees and Planting Strips:
1.
If a plat is without trees, planted trees are to be located behind
the street line so as not to interfere with utilities and shall be
of a type common to the area. The type of trees and their locations
shall be determined by the Planning Board. Stripping lots of trees
will not be permitted unless it can be shown that grading or construction
requirements necessitate removal of trees. In which case, those lots
shall be replanted with trees to re-establish the tone of the area
and to conform with adjacent lots.
2.
All trees should be nursery stock if not less than two and one-half
(2 1/2") inches in diameter and of an approved species grown
under the same climatic conditions as at the location of the development.
They shall be of symmetrical growth, free of insect pests and disease
suitable for street use and durable under the maintenance contemplated.
3.
All planting strips within street rights-of-way shall be finished
graded, properly prepared and seeded or sodded with lawn grass in
conformance with good nursery and landscape practice.
j.
Easements:
To the fullest extent practical, easements shall be centered on or
adjacent to the rear or side lot lines.
[1978 Code § 12-307; Ord. #89-10, §§ XI,
XII]
Pursuant to the provisions of C. 40:55D-39 and C. 40:55D-42,
construction of or contributions for off-tract water, sewer, drainage
and street improvements may be required in accordance with the following
criteria:
a.
Improvement to be Constructed at the Sole Expense of the Applicant.
In cases where reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application, and where no other property owners receive a special
benefit thereby, the Planning Board may require the applicant, as
a condition of subdivision approval, at the applicant's sole
expense, to provide for and construct such improvements as if such
were on-tract improvements in the manner provided hereafter and as
otherwise provided by law.
b.
Contributions By Developer Toward Required Off-Tract Improvements.
1.
In cases where the need for any off-tract improvements is necessitated
by the proposed development application, and where the Planning Board
determines that properties outside the development will also be benefited
by the improvements, such determination shall be made by the Planning
Board in writing. The resolution or determination of the Planning
Board shall specify the off-tract improvements which are necessary
and the terms and conditions which shall be imposed upon the applicant
to insure the successful and reasonable implementation of same. In
its deliberation as to whether off-tract improvements are required
the Planning Board shall be guided by the rules and regulations specified
in the zoning ordinance of the Township, this ordinance and the Township
Master Plan. The Planning Board may also be guided by counsel from
the Planning Board Attorney, Engineer, any consultant and other qualified
experts and municipal officials relative to the subject matter.
2.
In the event that the Planning Board determines that one or more
improvements constitute an off-tract improvement the Planning Board
shall notify the Township Committee of same specifying the board's
recommendation relative to the estimate cost of same, the applicant's
pro-rated share of the cost, and possible methods or means to implement
same including but not limited to performance and maintenance guarantees,
cash contributions, development agreements and other forms of surety.
3.
The Planning Board shall not grant final approval on the subdivision
until all aspects of such conditions have been mutually agreed by
both the applicant and the Township Committee and a written resolution
to that effect by the Township Committee has been transmitted to the
Planning Board.
c.
Methods of Implementation.
1.
Performance and Maintenance Guarantees. Where a performance or maintenance
guarantee or other surety is required in connection with an off-tract
improvement the applicant shall be required to follow the same procedures
and requirements as specified in this Chapter for other improvements.
2.
Development Agreement. Where a development agreement is required
governing off-tract improvements or other conditions as may be required
by this Chapter or by the Municipal Agency, the agreement shall be
approved as to form, sufficiency and execution by the Planning Board
Attorney and the Township Attorney. The agreement shall specify the
amount of cash contributions, if any, the method of payment of same,
the relative timing of such payment and the obligation or obligations
to be undertaken by the Township.
3.
Cash Contributions, When Not Required. Cash contributions for off-tract
improvements shall not be required under the following conditions:
(a)
Where another County or State Agency has jurisdiction over the
subject improvement and requires a cash contribution, guarantee or
other surety of the applicant in lieu of such conditions imposed by
the Township, or
(b)
Where a benefit assessment or other similar tax levy is imposed
upon the applicant for the off-site improvement provided, or
(c)
Where the applicant, where legally permissible, can undertake
the improvements in lieu of the municipality, subject to standards
and other conditions as may be imposed by the Township.
4.
Cash Contributions Method of Payment. Where cash contribution is
required by this Chapter, the contribution shall be deposited with
the Treasurer of the Township with a copy of the applicant's
transmittal letter forwarded to the Township Committee, the Township
Engineer and the Planning Board. Any and all monies received by the
Treasurer shall be deposited in an escrow account for the purpose
of undertaking the improvement specified. Said funds shall be held
in escrow by the Township Treasurer and shall be deposited in a banking
institution or savings and loan of this State insured by an agency
of the Federal Government or in any other funded depository approved
for such deposits by the State in an account bearing interest at the
minimum rate currently paid by the institution or depository on time
or savings deposits. Interest exceeding $100 for the year shall be
refunded to the applicant by the Municipality annually or at the time
the deposit is repaid or applied to the purposes for which it was
deposited, as the case may be, determined by the Municipality; except
that the Municipality may retain for administrative expenses a sum
equivalent to no more than thirty-three and one-third (33 1/3%)
percent of that entire amount, which shall be in lieu of all other
administrative and custodial expenses. Where such improvements are
not undertaken or initiated for a period of five years, the funds
shall be returned to the applicant by the Municipality and the applicant
or their heirs, executors, administrators, or grantees shall be liable
to the Township for any assessment for the purpose of installing any
of the improvements for which said cash contribution was made.
d.
Pro-Rata Formula for Determining Applicant's Share of Off-Tract
Improvements. Where an off-tract improvement is required the following
criteria shall be utilized in determining the proportionate share
of such improvement to the applicant:
1.
Street widening, alignment, corrections, channelization of intersections,
constructions of barriers, new or improved traffic signalization,
signs, curbs, sidewalks, trees, utility improvements not covered elsewhere
and the construction of new streets and other similar street or traffic
improvements: the applicant's proportionate share shall be in
the ratio of the estimated peak hour traffic generated by the proposed
property or properties to the sum of the present deficiency in peak
hour traffic capacity of the present facility, and the estimated peak
hour traffic generated by the proposed development. The ratio thus
calculated shall be increased by 10% for contingencies.
2.
Water distribution facilities including the installation of new water
mains, the extension of existing water mains, the relocation of such
facilities and the installation of other appurtenances associated
therewith; the applicant's proportionate cost shall be in the
ratio of the estimated daily use of water from the property or properties
in gallons to the sum of the deficiency in gallons per day for the
existing system or sub-system and the estimated daily use of water
for the proposed development. The ratio thus calculated shall be increased
by 10% or contingencies.
3.
Sanitary sewage distribution facilities including the installation,
relocation or replacement of collector and interceptor sewers and
the installation, relocation or replacement of other appurtenances
associated therewith; the applicant's proportionate cost shall
be in the ratio of the estimated daily flow in gallons to the sum
of the present deficient capacity for the existing system or sub-system
and the estimated daily flow from the proposed project or development.
In the case where the peak flow for the proposed development may occur
during the peak flow period for the existing system, the ratio shall
be the estimated peak flow rate from the proposed development in-gallons
per minute to the sum of the present peak flow deficiency in the existing
system or sub-system and the estimated peak flow rate from the proposed
development. The greater of the two ratios thus calculated shall be
increased by 10% for contingencies and shall be the ratio used to
determine the cost to the applicant.
4.
Stormwater and drainage improvements, including installation, relocation
or replacement of transmission lines, culverts, catch basins, and
the installation, relocation or replacement of other appurtenances
associated therewith; the applicant's proportionate cost shall
be in the ratio of the estimated peak surface run-off as proposed
to be delivered into the existing system measured in cubic feet per
second to the sum of the existing peak flow in cubic feet per second
deficient for the existing system and the estimated peak flow as proposed
to be delivered. The ratio thus calculated shall be increased by 10%
for contingencies. Applicants, engineer shall compute the drainage
basin area and the area of the development and the percent of the
total drainage basin area occupied by the development. Where no drainage
system exists which will receive the flow of surface water from the
applicants, development, applicants shall furnish all drainage rights-of-way
deemed to be necessary by the Planning Board.
5.
General Considerations. In calculating the proportionate or pro-rata
amount of the cost of any required off-tract facilities which shall
be borne by the applicant, the Planning Board shall also determine
the pro-rata amount of cost to be borne by other owners of lands which
will be benefited by the proposed improvements.
[1978 Code § 12-307]
No final plat shall be approved by the Planning Board until the completion of all such required improvements have been certified to the Planning Board by the Municipal Engineer, unless the subdivision owner shall have filed with the Municipality a performance guarantee in amount equal to 120% of the cost of the improvements specified in subsection 19-2.3 as estimated by the Municipal Engineer, and assuring the installation of such uncompleted improvements on or before an agreed date, and also assuring compliance with soil erosion and sediment control plan certified by the Warren County Soil Conservation District. Such performance bond which shall be issued by a bonding or surety company approved by the governing body, a certified check returnable to the subdivider after full compliance; or any other type of surety approved by the Municipal Attorney. The Planning Board may require that not exceeding 20% of the estimated cost of such unfurnished improvements be deposited in cash with the Township to assure completion thereof, the balance being covered by a performance bond. The performance guarantee shall be approved by the Municipal Attorney, as to form sufficiency and execution. Such performance guarantee shall run for a period to be fixed by the Planning Board, but in no case for a term of more than two years. However, with the consent of the owner and the surety, if there be one, governing body may by resolution extend the term of such performance guarantee, the amount thereof to be adjusted to reflect any increase based on new engineering estimates of current costs as well as any decrease resulting from partial performance, for an additional period not to exceed two years. The amount of the performance guarantee may be reduced by the governing body by resolution when portions of the required improvements have been installed. If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable therein to the Municipality for the reasonable cost of the improvements not installed and upon receipt of the proceeds thereof the Municipality shall install such improvements. Performance guarantees shall be released in accordance with the provisions of R.S. 40:55-1.22.
[1978 Code § 12-308]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof.
[1978 Code § 12-308]
The subdivision plat shall conform to design standards that
will encourage good development patterns within the Municipality.
Where either or both an Official Map or Master Plan has or have been
adopted, the subdivision shall conform to the proposals and conditions
shown thereon. The streets-drainage right-of-way, school sites, public
parks and playgrounds shown on an officially adopted Master Plan or
Official Map shall be considered in approval of subdivision plats.
Where no Master Plan or Official Map exists, streets and drainage
rights-of-way shall be shown on the final plat in accordance with
R.S. 40:55-1.20 and shall be such as to lend themselves to the harmonious
development of the Municipality and enhance the public welfare in
accordance with the following design standards.
[1978 Code § 12-308; Ord. #89-01]
a.
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets.
b.
Minor streets shall be so designed as to discourage through traffic.
c.
Subdivisions abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting, or some
other means or separation of through and local traffic as the Planning
Board may determine appropriate.
d.
The right-of-way width of public streets shall not be less than the
following:
Category R.O.W.
Arterial 80 feet
Major 66 feet
Collector 60 feet
Minor 52 feet
Marginal 52 feet
Alley 25 feet.
e.
The right-of-way width for internal road and alleys in planned residential
developments, commercial and industrial development shall be determined
on an individual basis, and shall in all cases be of sufficient width
and design to safely accommodate the maximum traffic, parking and
loading needs and maximum access for fire fighting equipment.
f.
No subdivision showing reserve strips shall be approved except where
the control and disposal of land comprising such strips has been placed
in the governing body under conditions approved by the Planning Board.
g.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this Chapter, shall dedicate additional
width along either one or both sides of the roads. If the subdivision
is along one side, only 1/2 of the required extra width shall be dedicated.
h.
Grades of arterial, major and collector streets shall not exceed
4%. Grades on other streets shall not exceed 10%. No streets shall
have a minimum grade of less than one-half of one (1/2 of 1%) percent.
Within fifty (50') feet of the intersection of any street with
a collector street, major thoroughfare, arterial street or controlled
access highway the maximum grade shall be limited to 2%. Rights-of
way shall be fully graded for their entire width with all slopes being
formed on the outside of the right-of-way. No slopes shall exceed
3:1.
i.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than sixty (60°) degrees. The block
corners at intersections shall be rounded at the curb line with a
curve having a radius of not less than thirty-five (35') feet.
j.
Street jogs with center line offsets of less than one hundred and
twenty-five (125') feet shall be prohibited.
k.
A tangent of at least one hundred (100') feet long shall be
introduced between reversed curves on arterial and collector street.
l.
When connecting street lines deflect from each other at any one point
by more than ten (10°) degrees and not more than forty-five (45°)
degrees, they shall be connected by a curve with a radius of not less
than one hundred (100') feet for minor streets and three hundred
(300') feet for arterial streets and collector streets.
m.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper site distance.
n.
Dead-End Streets.
1.
Dead-end streets (culs-de-sac) shall not be longer than 1,200 feet
for single-family residential developments, nor 1,000 feet for multiple
dwellings, developments, or commercial uses provided;
2.
That the number of units fronting the cul-de-sac shall not exceed
13 including existing dwellings, proposed dwellings and flag lots;
3.
That the maximum grade of the cul-de-sac shall not exceed the ordinance
requirement for grade;
4.
That a portion of the cul-de-sac abutting the through street shall
be a divided road with a median separating incoming and outgoing traffic,
the length of which shall be determined by the Township Engineer;
5.
Culs-de-sac shall be designed such that they will have the potential
for accessing abutting property for future extension of the roadway
where feasible;
6.
The right-of-way width of the cul-de-sac shall be fifty (50')
feet with a minimum cartway width of 30 feet (two twelve-foot travel
aisles with three-foot shoulders on either side) and a ninety-foot
diameter turn-around.
o.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the names of existing streets. The continuation
of an existing street shall have the same name.
p.
In front of areas zoned and designed for commercial use, or where
a change of zoning to a zone which permits commercial use is contemplated
to permit such use, the street width shall be increased by such amount
on each side as may be deemed necessary by the Board to assure free
flow of through traffic without interference by parked or parking
vehicles, and to provide adequate and safe parking space for such
commercial or business district.
[1978 Code § 12-308]
Block lengths within bounding roads shall be not less than one
hundred and fifty (150') feet and not over one thousand two hundred
(1,200') feet on any dimension between parallel or nearly parallel
streets.
[1978 Code § 12-308]
a.
Lot dimensions and area shall not be less than the requirements of
the Zoning Ordinance.
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
c.
Each lot must front upon an approved street.
d.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line and all setbacks shall be
measured from such line.
e.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or any other reasons, the Planning Board may, after adequate
investigation withhold approval of such lots.
f.
Lots for uses other than one single family residences are subject
to site plan review by the Planning Board in accordance with the provisions
of the Hope Township Zoning Ordinance.
[1978 Code § 12-308]
a.
In large scale developments, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least fifteen (15') feet wide and located in consultation
with the companies or municipal departments concerned.
b.
Where a subdivision is traversed by a watercourse, drainage way channel
or stream, there shall be provided a storm water easement or drainage
right-of-way conforming substantially with the lines of such watercourse,
and such further width or construction or both as will be adequate
for the purpose.
c.
Natural features such as trees, brooks, hill-tops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
[1978 Code § 12-308]
a.
All sidewalks shall be four (4") inches thick (minimum) and at least
four (4') feet wide, constructed of one course concrete, except
that a sidewalk forming part of a driveway apron shall be six (6")
inches thick at grade with abutting sidewalks.
All sidewalks shall be located one (1') foot within the
street right-of-way line.
[1978 Code § 12-308; Ord. #7/21/82]
Sight triangles shall be required at each quadrant of an intersection
of streets, and streets and driveways. The area within sight triangles
shall be either dedicated as part of the street right-of-way or maintained
as part of the lot adjoining the street and set aside on any subdivision
or site plan as a sight triangle easement.
a.
Within a sight triangle, no grading, planting or structure shall
be erected or maintained more than two (2') feet above the center
line grade of either intersecting street or driveway. Where any street
or driveway intersection involves earth banks or vegetation, including
trees, the developer shall trim such vegetation and trees as well
as establish proper excavation and grading to provide the sight triangle.
The sight triangle is that area bounded by the intersecting street
and/or driveway lines and a straight line which connect "sight points"
located on each of the two intersecting street and/or driveway lines
the following distances away from the intersecting lines:
1.
Arterial street at least one hundred (100') feet.
2.
Major street at one hundred (100') feet.
3.
Collector street at one hundred (100') feet.
4.
Marginal streets and alleys at thirty-five (35') feet.
5.
Where the intersecting streets are both or either of the following:
arterial, major or collector, two over-lapping triangles shall be
formed by one hundred (100') feet and thirty-five (35')
feet on each street.
b.
Any proposed development requiring site plan approval shall provide
sight triangle easements at each driveway with the driveway classified
as a local street for purposes of establishing distances. The classification
of existing and proposed streets shall be shown on the adopted Master
Plan or as designated by the public at the time of the application
for approval for a new street not included on the Master Plan. A sight
triangle easement dedication shall be expressed on the plat as follows:
"Sight triangle easement subject to grading, planting, and construction
restrictions as provided for in the Hope Township Zoning and Planning
Regulation Ordinances." Portions of a lot set aside for the sight
triangle may be calculated in determining the lot area and may be
included in establishing the minimum setbacks required by the zoning
provisions.
[1978 Code § 12-308; Ord. #7/21/82]
Street signs shall be metal on metal posts of the type, design
and standard previously installed elsewhere in the Township. The location
of the street signs shall be determined by the Board but there shall
be at least two street signs furnished at each intersection. All signs
shall be installed free of visual obstruction.
[1978 Code § 12-308; Ord. #7/21/82; Ord. #89-90,
§ IX]
Shade trees shall be planted where required. All shade trees
shall be planted where required by the Municipal Authority. Trees
shall be planted fifty (50') feet on center and twenty (20')
feet from the curb line. Stripping trees from a lot or filling around
trees on lot shall not be permitted unless it can be shown that grading
or construction requirements necessitate removal of trees, in which
case those lots shall be replanted with trees to re-establish the
tone of the area to conform with adjacent lots. Special attention
shall be directed toward the preservation of major trees by professional
means.
[1978 Code § 12-308; Ord. #5/29/87]
To be the size and shape required by Section 4 of Chapter 141
of the Laws of 1960, as amended, shall be placed in accordance with
said Statute and indicated on the final plat. The top of the monument
shall be flush with the final grade. All lot corners shall be marked
with a metal allow pin of permanent character.
[Ord. #90-19]
A developer may dedicate property to the Township of Hope for
purpose of open space and/or recreational uses provided, however,
that said dedication is part of a development application by the developer
and is favorably recommended to the governing body of the Township
of Hope by the public or Zoning Board of Adjustment as part of that
development application and is accepted by the governing body of the
Township of Hope. The following standards shall be considered by the
public, Zoning Board of Adjustment and governing body in their favorable
recommendation or acceptance of said property:
a.
The location of the property and the location and availability of
other open space and/or recreational facilities existing within the
Township for public use;
b.
The conservation of stream rambles throughout the Township for passive
recreational use;
c.
The protection of environmentally fragile and important resource
land areas, including wetlands, aquatic buffers areas, 500 year flood
plains and treed acreage, provided, however, that density calculations
for such dedicated areas shall be offset in the following manner:
Steep slope areas — 25% or more — 20%
credit per dedicated acre;
Steep slope areas — 15% — 24% — 33 1/3%
credit per dedicated;
Flood plains and wetlands — 0% credit;
Unconstrained lands - Full credit per dedicated acre.
d.
Consideration should be given to the distribution of common open
space throughout the Township and access to same;
e.
The availability, desirability and practicability of relating the
proposed open space to adjacent or nearby lands;
f.
No lands shall be accepted by the Township or favorably recommended
by the Planning Board or the Zoning Board of Adjustment if those lands
are related to improvement of roadways, streets, or drainage facilities.
Subject to the foregoing, upon acceptance by the Township of
the dedicated properties which acceptance shall be by formal resolution
of the governing body, the developer shall receive development credit
for the dedicated lands and said development credit shall be attributable
to the remaining lands in the development and shall be used solely
and exclusive for that purpose.
g.
A review of the overall proposal for development, taking into account
the lands to remain and the planning feasibility of reasonably developing
those remaining lands at the pre-existing density.
[Ord. #00-04, § II]
All parking areas and walkways thereto and appurtenant passageways
and driveways serving commercial, public, office or other uses having
common off-street parking and/or loading areas shall be adequately
illuminated for security and safety purposes.
The applicant is required to submit a lighting plan indicating
the location of the lighting fixtures, the direction of illumination,
the wattage and isolux curves for each fixture, the hours of operation
of the lighting and the details of the lighting poles and the luminaries,
in accordance with the following:
a.
The lighting is to be provided by fixtures with a mounting height
not higher than twenty-five (25') feet, measured from the ground
level to the centerline of the light source.
b.
The lighting fixtures are to include non-glare lights with recessed
lenses focused downward and with "cut-off" shields as appropriate
in order to mitigate against adverse impacts upon adjacent and nearby
properties, the safety of traffic along adjacent roadways and overhead
skyglow;
c.
The light intensity provided at ground level shall be indicated in
footcandles on the submitted plans and shall average not less than
0.5 footcandles at intersections and 0.3 footcandles elsewhere in
the area to be illuminated, and shall average not more than four (4.0)
footcandles throughout the area to be illuminated; and
d.
Except for any lighting determined by the Planning Board or the Board
of Adjustment to be necessary.
[Ord. #10-05, § 2]
All applications for development for subdivisions shall be subject to the mandatory recycling program contained in Section 10-2 of the General Ordinances of the Township of Hope as well as all other county, state and federal regulations regarding recycling.
[1978 Code § 12-309]
A soil erosion and sediment control plan shall be prepared by
a licensed New Jersey professional engineer in accordance with specifications
for soil erosion and sediment control of the Warren County Soil Conservation
District. The soil erosion and sediment control plan shall be submitted
to the Warren County Soil Conservation District for certification
pursuant to Ch. 251, L.1975. The Planning Board shall not give unconditional
approval to the preliminary plat until receipt of the Soil Conservation
District certification. Any fees or expenses involved in the review
by the district shall be the applicant's responsibility.
[1978 Code § 12-309]
The soil erosion and sediment control plan shall be for the
entire tract 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 Warren County Soil Conservation District.
These measures shall apply to all features of construction on the
site, including street and utility installations as well as protection
of individual lots and these 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.
[1978 Code § 12-309]
The following principles shall be included, where applicable,
in the soil erosion and sediment control plan:
a.
Stripping of vegetation, regarding 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 seedings or mulching shall be used to protect exposed critical
areas during development.
e.
Provision shall be made to accommodate the increased run-off caused
by changed soil and service conditions during and after development.
f.
Sediment in the run-off water shall be trapped until the disturbed
area is stabilized by the use of sediment basins or other acceptable
methods.
g.
Diversions, sediment basins and so forth, shall be constructed prior
to any on site grading or disturbance of existing surface material.
[1978 Code § 12-309]
Upon receipt of the report from the Warren County Soil Conservation
District the Planning Board shall require incorporation of soil erosion
and sediment control measures as it deems appropriate as a condition
of tentative approval of the preliminary plat and approval of the
final plat.
[1978 Code § 12-310]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Township. Any action taken by the
Planning Board under the terms of this Chapter shall give primary
consideration to the above mentioned matters and to the welfare of
the entire community. However, if the subdivider or his agent can
clearly demonstrate that, because of peculiar conditions pertaining
to his land, the literal enforcement of one or more of these regulations
is impractical or will exact undue hardship, the Planning Board may
permit such variance or variances as may be reasonable and within
the general and intent of the rules, regulations and standards established
by this Chapter. In any such case, the Planning Board shall make written
findings of fact and conclusions of law supporting its action.
[1978 Code § 12-311]
a.
If, before favorable referral and final approval has been obtained,
any person transfers or sells, or agrees to sell, as owner or agent,
any land which forms part of a subdivision on which by ordinance the
Planning Board is required to act, such person shall be subject to
a fine not to exceed $1,000 and each parcel, plot or lot so disposed
of shall be deemed a separate violation in accordance with the provisions
of C. 40:55D-55.
c.
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 subdivider or his assigns
or successors to secure the return of any deposit made or purchase
price paid and also a reasonable search fee, survey expense and title
closing expense, if any.
d.
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.
[1978 Code § 12-312]
This Chapter shall be construed in para materia with the Chapter 17, Land Use Procedures which it complements, and shall be liberally construed to effectuate the purposes thereof.
[1978 Code § 12-313; Ord. # 7/21/82]
When deeds for perfecting a minor subdivision and recording
road dedications and sight triangles, etc. are prepared after approval,
they should include corner calls, reference to parent tract, reference
to block and lot numbers of parent tract, bearing datum, restrictions
and easements on record, date of subdivision approval with reference
to title of map approved, date of survey and surveyor responsible.
