Editor's Note: Compliance with N.J.A.C. 5:21, the
Residential Site Improvement Standards, is required.
For State Statute concerning Municipal Planning and Regulation
of Land Subdivision, see Municipal Land Use Law, N.J.S.A. 40:55D-1.1
et seq.
For State Statute concerning municipal adoption of an
official map and amendments thereof, see N.J.S.A. 40:55D-32 et seq.
For State Statute concerning approval and filing of maps,
see Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
Whenever a notice of hearing is required in respect to
planning, zoning, approval of subdivisions, granting of variances
or establishing or amending an official map involving property situated
within 200 feet of an adjoining municipality, a notice of such hearing
shall also be given to the clerk of such municipality. See N.J.S.A.
40:55D-11 et seq.
Whenever a notice of hearing is required in respect to
planning, approval of subdivision, or establishing or amending an
official map involving property abutting upon or adjacent to a State
highway, or County road, a notice of such hearing shall be given to
the Commissioner of Transportation in the case of a State highway
and to the County Planning Board, in the case of a County road. See
N.J.S.A. 40:55D-11 et seq.
Land Subdivision applications are also subject to certain
procedures, review and approval by the County Planning Board. See
N.J.S.A. 40:27-6.1 et seq.
This chapter codifies Ordinance No. 1977-3, adopted January
26, 1977, as amended, supplemented and changed by subsequent ordinances.
Cross Reference: For other ordinance provisions concerning the establishment of the Planning Board and the Zoning Board of Adjustment, see Chapter 35, Land Use Procedures.
See also Chapter 33, Site Plan Review, and Chapter 40, Zoning.
[1985 Code § 23-1.1]
This chapter shall be known and may be cited as "The Land Subdivision
Chapter of the Borough of Ringwood."
[1985 Code § 23-1.2]
The purpose of this chapter is to provide rules, regulations
and standards to guide land subdivision and land use control in the
Borough and to promote the public health, safety, convenience, morals
and general welfare of the Borough and the inhabitants thereof. It
shall be administered to insure the orderly growth and development,
the conservation, protection and proper use of land to provide adequate
provision for circulation, utilities and services.
[1985 Code § 23-2.1]
The approval provisions of this chapter shall be administered in accordance with Chapter 35 Land Use Procedures which establishes the Planning Board and Zoning Board of Adjustment for the Borough and with the Municipal Land Use Law, State of New Jersey.
[1985 Code § 23-3.1]
This chapter shall not be construed as superseding or repealing
the zoning ordinances of the Borough or any part thereof. All other
ordinances which are inconsistent with the provisions of this chapter
shall be deemed superseded to the extent of such inconsistency.
[1985 Code § 23-4.1; Ord. No. 2004-08 § 1]
The following words, terms or phrases when used in this chapter
shall have the meaning ascribed in N.J.S.A. 40:55D-1 et seq., or the
meanings ascribed in this section:
The average slope of a lot shall be determined by application
of the following formula:
|
S = (I x L)/A)) x 100, where:
| ||
|
S
|
=
|
The average slope of the lot expressed as a percentage;
|
|
I
|
=
|
The contour interval, in feet, on a topographic map of the lot
prepared and certified by a licensed professional engineer or land
surveyor;
|
|
L
|
=
|
The total length of all contour lines, in feet, on a topographic
map of the lot prepared and certified by a licensed professional engineer
or land surveyor, provided, however, that L shall not include any
contour lines in any portion of the lot on which building or disturbance
is prohibited by the New Jersey Department of Environmental Protection
by reason of wetlands, stream encroachment lines or storm water management
stream corridors;
|
|
A
|
=
|
Area of the lot, in square feet, on a boundary survey of the
lot prepared and certified by a licensed professional engineer or
land surveyor: provided, however, that A shall not include any portion
of the lot on which building or disturbance is prohibited by the New
Jersey Department of Environmental Protection by reason of wetlands,
stream encroachment lines or storm water management stream corridors.
|
Shall mean the lands required for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for a flow of
water therein to safeguard the public against flood damage, in accordance
with N.J.S.A. 58:1 et seq.
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 regulations established by this chapter and which, if approved,
shall be filed with the proper County Recording Officer.
Shall mean a parcel or portion of land separated from other
parcels or portions by description, as on a subdivision plat or record
of survey map, or by metes and bounds for purpose of sale, lease or
separate use. Adjoining parcels in common ownership shall be considered
a single lot for the purpose of this chapter unless certified by the
Administrative Officer to conform to the requirements of the land
development regulations and are shown and designated as separate lots,
tracts or parcels on the Borough tax map.
Shall mean all subdivisions not classified as minor subdivisions.
Shall mean a composite for the mapped and written proposals
recommending the physical development of the Borough which shall have
been duly adopted by the Borough Planning Board.
Shall mean any subdivision containing not more than three
lots not including the balance of the undivided tract, if any, fronting
on an existing public or Borough-maintained street, not involving:
(1) a planned development, (2) any new street or (3) the extension
of any off-tract water, sewer, drainage and street improvements, pursuant
to N.J.S.A. 40:55D-42.
Shall mean a map adopted in accordance with N.J.S.A. 40:55D-32
et seq., or any prior act authorizing such adoption. Such a map shall
be deemed conclusive with respect to the location, width and extent
of streets and other areas shown thereon, as provided in N.J.S.A.
40:55D-32 et seq.
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.
Shall mean any security which may be accepted in lieu of
a requirement that certain improvements be made before the Planning
Board or Borough Council approves a plat, including performance bonds,
escrow agreements, and other similar collateral or surety agreements.
Shall mean the map of a subdivision.
Shall mean the land required for a permanent easement or
right-of-way for the construction and maintenance of a potable water
main and its appurtenances.
Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Borough Clerk for Planning Board consideration and tentative approval and shall meet the requirements of subsection 36-11.1 of this chapter.
Shall mean the land required for a permanent easement or
right-of-way for the construction and maintenance of a sanitary sewer
and its appurtenances.
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification, and shall meet the requirements of subsection 36-11.1 of this chapter.
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, County or
municipal roadway, or a street or way shown upon a plat heretofore
approved, pursuant to law or approved by official action, or a street
or way on 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. It shall include
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 purposes of
this chapter, streets shall be classified as follows:
ARTERIAL ROADSRegional highways which link the community to the larger metropolitan centers, minimum right-of-way required, 120 feet. Any State or Federally owned or constructed highway shall be classified as arterial.
MAJOR ROADSThose which are used primarily for fast or heavy traffic. County roads shall come under this designation.
|
For the purposes of this chapter, the following roads shall
be classified as major roads:
|
|
Margaret King Avenue
|
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Ringwood Avenue-Greenwood Lake Turnpike
|
|
Skyline Drive
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Sloatsburg Road
|
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Westbrook Road
|
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Access roads, existing and future, to Skylands Manor,
excepting Skylands Road
|
COLLECTOR STREETSThose which carry traffic from minor streets to the major thoroughfares, including the principal entrance streets of a residential or industrial development and streets for circulation within a residential or industrial development.
|
For the purposes of this chapter, the following roads shall
be classified as collector streets:
|
|
Beech Road
|
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Burnt Meadow Road
|
|
Carletondale Road
|
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Conklintown Road
|
|
Cupsaw Drive
|
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Erskine Road
|
|
High Mountain Road
|
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Lakeview Avenue
|
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Mohawk Trail
|
|
Skylands Road
|
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Skyline Lakes Drive
|
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Stonetown Road
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MINOR STREETS OR LOCAL ROADSThose which are used primarily for access to the abutting properties.
MARGINAL SERVICE STREETSThose streets which are parallel or adjacent to major thoroughfares and which provide access to abutting properties and protection from through traffic.
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another.
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 which are 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 interstate provisions.
Divisions of property upon court order, including, but not limited
to, judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person, and all of which are found and
certified by the Administrative Officer to conform to the requirements
of the land development ordinances, and are shown and designated as
separate lots, tracts or parcels on the Borough tax map.
|
"Subdivision" shall also include resubdivision, and, where appropriate
to the context, relates to the process of subdividing or to the land
or territory divided.
|
Shall mean a committee of at least three Planning Board members
appointed by the Chairman of the Board for the purpose of classifying
a subdivision in accordance with the provisions of this chapter, and
performing such duties relating to land subdivision as may be conferred
on the Committee by the Board.
[1985 Code § 23-5.1]
No subdivision of any lot shall be effected and no street, alley,
sanitary sewer, storm drain, water main or other facilities in connection
therewith shall be laid out, constructed, opened, or dedicated for
public use or travel, or for the common use of the occupants or buildings
abutting thereon, regardless of whether such street shall be for public
or private use of more than one owner except in strict accordance
with the provisions of this chapter.
[1985 Code § 23-5.2]
No lot in a subdivision created after August 18, 1955 may be
sold and no permit to erect, alter, or repair any building on land
in a subdivision may be issued unless and until a subdivision plan
has been approved and, where required, recorded, and until the required
improvements in connection therewith along the lot or lots to be sold
or built upon and to an existing improved street, have either been
constructed or the Borough has been assured by means of proper completion
guarantee in the form of a bond, or the deposit of funds or securities
in escrow sufficient to cover the cost of the required improvements,
as estimated by the Planning Board Engineer, that the improvements
will subsequently be installed as scheduled by the Planning Board.
[1985 Code § 23-5.3]
No Certificate of Occupancy shall be issued and no occupancy
shall be allowed in any building in any subdivision until all required
improvements are completed and approved to an existing improved road.
Completion of the required improvements shall be certified in writing
by the Borough Engineer.
[1985 Code § 23-6.1]
An applicant for subdivision, prior to subdividing or resubdividing
land as defined by this chapter, shall submit to the Secretary of
the Planning Board at least 14 days prior to the regular meeting of
the Planning Board a sketch plat of the proposed subdivision for purposes
of classification and preliminary discussion which has been signed
by the owner of the land consenting to the subdivision. The sketch
plat shall be filed together with an original and two copies of the
application for subdivision on the form provided by the Planning Board.
The Planning Board Secretary shall note the date of filing on the
application and sketch plat and shall certify the receipt of the filing
fee. No application or sketch plat shall be considered until and unless
the applicant submits an affidavit of tax and assessment search showing
that all taxes and assessments for local improvements are paid to
date on the premises.
[1985 Code § 23-6.2; New]
The applicant, at the time of filing of the application, as outlined in subsection 36-6.1 above, shall file with the Borough Clerk a sketch plat complying with all the plat details as stated in subsection 36-11.1 herein by filing one reproducible original and 15 copies with the Borough Clerk and also one copy shall be distributed to each of the following:
[1985 Code § 23-6.3]
a.Â
If the proposed subdivision is classified and approved as a minor
subdivision, a notation so indicating shall be made on the sketch
plat. A minor subdivision shall be granted or denied within 45 days
of the submission of a complete application to the Planning Board
Secretary, or within such further time as may be consented to by the
applicant. Failure of the Planning Board to act within the prescribed
period shall constitute minor subdivision approval. Such approval
shall be conditioned upon timely receipt of a favorable report on
the application by the County Planning Board, or approval by its failure
to report thereon within the prescribed time period.
No minor subdivision shall be approved unless the sketch plat complies with the plat details required by subsection 36-11.1 herein. No minor subdivision shall be granted until and unless the applicant submits an affidavit showing that no tax or assessment for local improvements is due or delinquent.
b.Â
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted shall not be changed for a period of two years from the date
of approval provided that the approved minor subdivision shall have
been fully recorded.
The Planning Board shall grant an extension of this for a period
determined by the Board but not exceeding one year from the time that
would otherwise be the expiration date if a developer proves to the
reasonable satisfaction of the Board that the developer was barred
or prevented, directly or indirectly, from proceeding with the development
because of delays in obtaining legally required approvals from other
governmental entities and that the developer applied promptly for
and diligently pursued the approvals. A developer shall apply for
this extension before: (1) what would otherwise be the expiration
date, or (2) the 91st day after the date on which the developer receives
the last of the legally required approvals from the other governmental
entities, whichever occurs later.
c.Â
Approval of a minor subdivision shall expire 190 days from the date
on which the resolution of municipal approval is adopted unless within
such period a plat in conformity with such approval and the provisions
of the "Map Filing Law," N.J.S.A. 46:23-9.9, et seq. or a deed clearly
describing the approved minor subdivision is filed by the developer
with the County Recording Officer, the Municipal Engineer and the
Municipal Tax Assessor. Any such plat or deed accepted for filing
shall have been signed by the Chairman and Secretary of the Planning
Board.
The Planning Board may extend the 190-day period for filing
a minor subdivision plat or deed if the developer proves to the reasonable
satisfaction of the Planning Board: (1) that the developer was barred
or prevented, directly or indirectly, from filing because of delays
in obtaining legally required approvals from other governmental or
quasi-governmental entities and (2) that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals as determined by the Planning Board. The
developer may apply for the extension either before or after what
would otherwise be the expiration date.
d.Â
Minor subdivision approval shall be deemed to be final approval of
the subdivision by the Planning Board provided that the Planning Board
may condition such approval on terms ensuring the provision for improvements
permitted by N.J.S.A. 40:55D-38, N.J.S.A. 40:55D-40, N.J.S.A. 40:55D-42
and N.J.S.A. 40:55D-53.
[1985 Code § 23-6.4]
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which shall be returned to the subdivider for compliance with the procedure in subsection 36-6.2.
[1985 Code § 23-7.1]
a.Â
A reproducible original and a minimum of 12 black and white prints
of the preliminary plat with three complete application forms for
preliminary approval shall be submitted to the Borough Clerk three
weeks prior to the Planning Board Meeting. At the time of filing,
the prescribed fees shall be paid.
b.Â
No preliminary plat shall be received unless and until the applicant
submits an affidavit of a tax and assessment search showing that all
taxes and assessments for local improvements have been paid to date.
c.Â
The preliminary plat shall contain all details and information as
required by subsection 36-10.1 herein.
[1985 Code § 23-7.2]
a.Â
The applicant shall cause to be published in the official newspaper
of the Borough a notice which shall contain the following:
b.Â
Notice of the hearing requiring public notice, pursuant to paragraph
a herein, shall be given to the owners of all real property, as shown
on the current tax duplicate, located within 200 feet in all directions
of the property which is the subject of such hearing. Notice shall
be given by:
1.Â
Serving a copy thereof on the property owner, as shown on the current
tax duplicate, or his agent in charge of the property, or
2.Â
Mailing a copy thereof by certified mail to the property owner at
his address as shown on the current tax duplicate. Notice to a partnership
owner may be made by service upon any partner. Notice to a corporate
owner may be made by service upon its president, a vice-president,
secretary or other person authorized by appointment or by law to accept
service on behalf of the corporation.
c.Â
Upon the written request of an applicant, the Administrative Officer
of the Borough shall within seven days make and certify a list from
the current tax duplicates of names and addresses of owners to whom
the applicant is required to give notice. The applicant is entitled
to rely upon the information contained in such list, and failure to
give notice to any owner not on the list shall not invalidate any
hearing or proceeding. A sum not to exceed $10 may be charged for
such list.
d.Â
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality.
e.Â
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other County land or situated within 200 feet of a municipal boundary.
f.Â
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
g.Â
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning of a hearing
on an application for development of property which exceeds 150 acres
of 500 dwelling units. Such notice shall include a copy of any maps
or documents required to be on file with the Borough Clerk pursuant
to law.
h.Â
All notices required by this section shall be given at least 10 days
prior to the date of hearing.
i.Â
The applicant shall submit proof of compliance with the above provisions
in a manner prescribed by the rules and regulations of the Planning
Board.
[1985 Code § 23-7.3]
Copies of the preliminary plat shall be forwarded by the Secretary
of the Planning Board prior to the hearing to the following persons:
[1985 Code § 23-7.4]
The applicant shall have the following rights for a three-year
period from the date of the preliminary approval:
a.Â
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 Borough from establishing
by ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
b.Â
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.
c.Â
The applicant may apply for, and the Planning Board may grant, extensions
on such preliminary approval for additional periods of one year, but
not to exceed a total extension of two years, provided that if design
standards have been revised by ordinance, such revised standard shall
govern.
d.Â
In the case of a subdivision of an area of 50 acres or more, the
Planning Board may grant the rights referred to in paragraphs 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 the number of dwelling units and nonresidential floor
area permissible under preliminary approval, economic conditions,
and the comprehensiveness of the development. The applicant may apply
for thereafter, and the Planning Board may thereafter grant, an extension
to preliminary approval for such additional periods of time as shall
be determined by the Planning Board to be reasonable, taking into
consideration:
1.Â
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
2.Â
The potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval;
3.Â
Economic conditions; and
4.Â
The comprehensiveness of the development, provided that if the design
standards have been revised, such revised standards may govern.
e.Â
Whenever the Planning Board grants an extension of preliminary approval
and preliminary approval has expired before the date on which the
extension is granted, the extension shall begin on what would otherwise
be the expiration date. The developer may apply for the extension
either before or after what would otherwise be the expiration date.
f.Â
The Planning Board shall grant an extension of preliminary approval
for a period determined by the Board, but not exceeding one year from
what would otherwise be the expiration date, if the developer proved
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for an extension before: (1) what would otherwise be the expiration
date of preliminary approval or (2) the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later. An extension granted pursuant to
this section shall not preclude the Planning Board from granting an
extension pursuant to paragraph (c) or (d) of N.J.S.A. 40:55D-49.
[1985 Code § 23-8.1]
No subdivision plat shall be considered for final approval unless:
a.Â
The subdivider shall have first paid to the Borough Clerk the fees
for final approval as herein provided.
b.Â
The subdivider shall have received certification from the appropriate
Borough and State agencies approving the method and type of sewerage
disposal and water supply.
c.Â
No final plat shall be received unless and until the applicant has
submitted an official tax and assessment search showing that all taxes
and assessments for local improvements have been paid to date.
[1985 Code § 23-8.2]
a.Â
The original tracing, and one reproducible original and nine black
and white prints of the final plat and three copies of the application
form for final approval shall be submitted to the Borough Clerk at
least 14 days prior to the date of the Regular Planning Board Meeting.
Unless the preliminary plat is approved without changes, the final
plat shall incorporate all changes or modifications required by the
Planning Board.
b.Â
The final plat shall be accompanied by a certificate of the Planning
Board Engineer that he is in receipt of a map which shows all utilities
in exact location and elevation and which identifies the utilities
already installed and those to be installed.
[1985 Code § 23-8.3]
Any plat which requires County Planning Board approval shall
be forwarded to the County Planning Board for its action prior to
the final approval by the Planning Board.
Whenever review or approval of the application by the County
Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a
subdivision, the Planning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the County Planning Board, or on its failure to report thereon
within the time required.
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such
exceptions from the requirements for subdivision approval as may be
reasonable and within the general purpose and intent of the provisions
for subdivision review and approval if the literal enforcement of
one or more provisions of an ordinance adopted pursuant to this section
is impractical or will exact undue hardship because of peculiar conditions
pertaining to the land in question.
[1985 Code § 23-8.4]
The Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Planning Board, or the Planning Board being
required to hold the hearings. The longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this section, notice
of the hearings on the plat shall include reference to the request
for such conditional use.
[1985 Code § 23-8.5]
a.Â
Upon final approval, one translucent copy of the map, two prints
on cloth or permanent dimensionally stable material and 10 black-on-white
prints of the final plat shall be filed with the Borough Clerk, who
shall file copies of the plat with the following officials:
b.Â
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The Planning Board may, for good cause shown, extend the period for
recording for an additional period not to exceed one 190 days from
the date of signing of the plat. The Planning Board may extend the
95 days or 190-day period if the developer proves to the reasonable
satisfaction of the Planning Board: (1) that the developer was barred
or prevented, directly or indirectly, from filing because of delays
in obtaining legally required approvals from other governmental or
quasi-governmental entities and (2) that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the Planning Board. The
developer may apply for an extension either before or after the original
expiration date.
c.Â
No subdivision plat shall be accepted for filing by the County Recording
Officer until it has been approved by the Planning Board as indicated
on the instrument by the signature of the Chairman and Secretary of
the Planning Board or a certificate has been issued as otherwise allowed
by law.
[1985 Code § 23-8.6]
a.Â
The zoning requirements applicable to the preliminary approval first
granted and all other conferred rights, whether conditional or otherwise,
shall not be changed for a period of two years after the date of final
approval; provided that major subdivision rights shall expire if the
plat has not been duly recorded within the time allowed in N.J.S.A.
40:55D-54. If the applicant has followed the standards prescribed
for final approval and duly recorded the plat within the time allowed
in N.J.S.A. 40:55D-54, the Planning Board may extend such period of
protection for periods of one year, but not to exceed three extensions.
b.Â
In the case of a subdivision of a planned unit development or planned
unit residential development or residential cluster of 50 acres or
more, or conventional subdivision for 150 acres or more, the Planning
Board may grant the rights referred to in paragraph a above for such
period of time, longer than two years, as shall be determined by the
Planning Board to be reasonable, taking into consideration the number
of dwelling units and nonresidential floor area permissible under
final approval, economic conditions and the comprehensiveness of the
development. The developer may apply for thereafter, and the Planning
Board may thereafter grant, an extension of final approval for such
additional period of time as shall be determined by the Planning Board
to be reasonable taking into consideration:
c.Â
Whenever the Planning Board grants an extension of final approval
and final approval has expired before the date on which the extension
is granted, the extension shall begin on what would otherwise be the
expiration date. The developer may apply for the extension either
before or after what would otherwise be the expiration date.
d.Â
The Planning Board shall grant an extension of final approval for
a period determined by the Board but not exceeding one year from what
would otherwise be the expiration date if the developer proves to
the reasonable satisfaction of the Board that the developer was barred
or prevented, directly or indirectly, from proceeding with the development
because of delays in obtaining legally required approvals from other
governmental entities and that the developer applied promptly for
and diligently pursued the required approvals. A developer shall apply
for an extension before: (1) what would otherwise be the expiration
date of final approval or (2) the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later. An extension granted pursuant to this subsection
shall not preclude the Planning Board from granting an extension pursuant
to paragraph (c) or (d) of N.J.S.A. 40:55D-52.
[1985 Code § 23-9.1; Ord. No. 2004-12 § 1]
The following fees shall accompany the appropriate application.
All fees and deposits shall be paid to the Land Use Administrator.
Such fees shall be paid in cash or certified or bank check, payable
to the "Borough of Ringwood" as stated in the following sections.
[1985 Code § 23-9.2; Ord. No. 2004-12 § 1]
[1985 Code § 23-9.3; Ord. No. 1996-08 § 1; Ord. No. 2004-12 § 1]
[1985 Code § 23-9.4; Ord. No. 2004-12 § 1]
Informal Subdivision Review – $150. This sum shall be
credited toward application fees due in the event that a formal application
is filed.
[1985 Code § 23-9.5; Ord. No. 2004-12 § 1; Ord. No. 2005-#25 §§ 1]
a.Â
Bulk Variance: $300 for each variance for each residential lot.
b.Â
Bulk Variance: $750 for each variance for each nonresidential lot.
c.Â
Conditional Use: $500 for each lot.
d.Â
1.Â
The $500 fee associated with use variance applications before the Board of Zoning Adjustment imposed for the sale or display of goods outside the confines of a building or structure ("outside display") pursuant to subsection 40-4.2g of the Borough of Ringwood Revised Ordinances is suspended.
2.Â
Said suspension of fees pursuant to this amendment shall only be
imposed upon complete applications that are filed on or before June
1, 2006 and accompanied by a certification that the outdoor display
has been in existence for not less than 18 months of the effective
date of this paragraph.[1]
[1]
Editor's Note: Ordinance No. 2005-#25, codified herein
as paragraph d, was adopted November 1, 2005.
[1985 Code § 23-9.6; Ord. No. 2004-12 § 1]
The applicant shall deposit with the Land Use Administrator
an escrow to cover some of the costs incurred by the Planning Board
for the professional services of its Engineer, Planner, Attorney,
or other specifically retained expert in connection with applications
for development.
a.Â
Amount of Escrow. The Planning Board Secretary shall forward the
application and all application documents submitted by the applicant
to the Planning Board Engineer. The Planning Board Engineer shall
review the application and the accompanying documents and based upon
the scale and complexity of the application shall determine the amount
of the escrow for the aforesaid professional services. He shall notify
the Planning Board Secretary as to his recommendation for the escrow
amount. The Planning Board Secretary shall thereafter notify the applicant
of the escrow requirement. The application will not be listed for
any hearings beyond the informal/conceptual review until all fees,
including the escrow, are paid. The maximum initial escrow for a minor
subdivision application is $10,000. The maximum initial escrow for
a major subdivision is $2,000 per proposed lot.
b.Â
Use of Escrow. The escrow shall be used to defray the costs of the
Planning Board professionals and retained experts in connection with
applications for development. These costs and expenses shall include
review of the application and supporting documents, preparation of
reports, telephone conferences and meetings (whether initiated by
the applicant, his/her attorney or other expert, or by the Planning
Board) preparation of easements, developer's agreements, deeds,
memorializing resolutions and other writings in connection with the
processing of applications for development.
c.Â
Meeting Costs. The escrow shall also be utilized to pay the Planning
Board professionals for attendance at meetings. However, the application
fee above set forth shall include and there shall be no additional
charge for meetings attended by professionals as follows:
d.Â
Charges by Professionals. All professional charges shall be billed
by the professionals to the Planning Board at the rates established
by the professionals' contract with the Planning Board. All invoices
shall be itemized: date, the nature of the service, and the time spent
together with any other charges imposed pursuant to the professionals'
contract with the Planning Board. All invoices shall be supported
by a voucher duly signed by the professional seeking payment.
e.Â
Approval of Vouchers/Invoices. All invoices/vouchers submitted by
the professionals for payment shall be processed by the Planning Board
for payment, the same as all other invoices and vouchers. No invoice/voucher
for payment of any professional service shall be approved until a
resolution is adopted at a public meeting.
f.Â
Special Consultants. If, in the discretion of the Planning Board,
a special consultant is necessary for the proper review of an application,
the Planning Board shall be authorized to retain the consultant/expert
and to pay the consultant from the applicant's escrow account.
g.Â
Review. The applicant shall be entitled to question or challenge
the amount of the initial escrow as determined by the Planning Board
Engineer if a written request is submitted to the Planning Board's
Secretary. The Planning Board will afford the applicant an opportunity
to present information to the Planning Board at a public hearing.
However, no hearing on the merits of the application beyond the initial
informal/conceptual review will be held until the escrow is deposited.
The applicant may also question or challenge the invoices/vouchers
submitted by the Planning Board professionals by notifying the Planning
Board's Secretary in writing as to the challenge/question. The
applicant will be afforded an opportunity to be heard at a public
meeting.
h.Â
Fee Schedules. The Planning Board Secretary shall prepare and make
available to applicants, upon request, the fee schedule of the Planning
Board professionals.
i.Â
Replenishment of Escrow Account. If the escrow account falls below
$2,500, the Planning Board may, if recommended by the Planning Board
Engineer, require that the applicant pay additional funds into the
escrow account. However, the escrow account request cannot exceed
the maximum accounts set forth in paragraph a of this subsection.
j.Â
Account Excess and Interest. Pursuant to N.J.S.A. 40:55D-53.1, if
the escrow account is in excess of $5,000, the municipality shall
deposit same and shall pay interest to the applicant. When the application
review and approval process has been completed, the excess funds in
the account, if any, shall be either remitted back to the applicant
with interest if applicable or, if so directed by the applicant, shall
remain on deposit as the applicant's initial payment towards
the post-approval inspection, restoration or performance bonding requirements.
k.Â
Deficiency of Account. The applicant shall be liable for all of the
foregoing professional fees notwithstanding that the escrow account
might be insufficient for the payment of these fees and expenses.
[1985 Code § 23-9.7]
No subdivision plat shall be signed nor shall any building permits,
certificates of occupancy or other permits or approvals be issued
with respect to any approved application for development until all
fees as set forth herein are paid.
[1985 Code § 23-9.8]
Subdivision applications filed by or on behalf of the following
applicants shall be exempt from the payment of application and escrow
fees as follows:
a.Â
Ringwood Board of Education. This applicant shall be exempt from
the payment of application fees and escrow fees.
b.Â
Lakeland Regional Board of Education. This applicant shall be exempt
from the payment of application fees and escrow fees.
c.Â
Ringwood Ambulance Corps. This applicant shall be exempt from the
obligation of paying application and escrow fees.
d.Â
Fire Companies located in the Borough of Ringwood. This applicant
shall be exempt from the obligation of paying application and escrow
fees.
e.Â
Recognized Home Owners Associations, such as Erskine Lakes, Skyline
Lakes, Cupsaw Lakes, Harrison Mountain Lake, Lake Riconda, Ringwood
Acres, Forsgate, etc. These Associations (Organizations) are exempt
only from the payment of application fees.
f.Â
Church and Religious Organizations. These Organizations are exempt
only from the payment of application fees.
g.Â
Other Charitable, Philanthropic, Fraternal, Non-Profit Organizations.
These Organizations are exempt only from the payment of application
fees.
[1985 Code § 23-10.1]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a professional engineer licensed in the State of New Jersey or by a planner holding full membership in the American Institute of Planners. In the latter instance, all engineering data shall be certified by a professional engineer licensed in the State of New Jersey. The plat shall be designed in compliance with the provisions of Section 36-9 of this chapter and shall show or be accompanied by the following information:
a.Â
A key map showing the entire subdivision and its relation to surrounding
areas, at a scale not less than one inch equals 800 feet.
c.Â
Acreage of tract to be subdivided, to the nearest tenth of an acre.
d.Â
Elevations and Contours. Sufficient elevations and contours at five-foot
vertical intervals for slopes averaging 10% or greater and at two-foot
vertical intervals for land of lesser slope to determine the general
slope and natural drainage of the land and the high and low points
for the entire tract to be subdivided and for a distance of 200 feet
beyond limits of the subdivision. Date of all elevations shall be
that of the geodetic control survey of the New Jersey Department of
Conservation and Economic Development.
e.Â
Centerline profiles for all new streets showing existing grade, proposed
grade, stationing and proposed elevations at beginning and ending
of all proposed vertical curves, stationing and proposed elevations
at intersections of utility lines, and proposed grades of utility
lines. Profiles for new streets which are designed for future extension
into adjacent lands shall be shown for a distance of 200 feet beyond
the limits of the subdivision. High and low points and tentative cross-sections
and centerline profiles for all proposed new streets.
f.Â
The location of existing and proposed property lines, streets, buildings,
drainpipes, and natural features, such as wooded areas and rock formation.
Names of proposed streets shall be included for approval by the Planning
Board.
g.Â
Area of proposed paving.
h.Â
Width of streets.
i.Â
Consecutive numbering of proposed lots.
j.Â
(Reserved)
k.Â
Location and size of all easements.
l.Â
Plans of proposed utility layouts including but not limited to sewers,
storm drains, water, gas and electricity, showing feasible connections
to existing or any proposed utility systems. When an individual water
supply or sewerage disposal is proposed, the plan for such system
shall be approved by the appropriate local, County or State health
agency. When a public sewerage system is not available, the subdivider
shall have percolation tests made in conformity with State laws or
regulations which are conducted in the presence of the Borough Engineer
or Borough Sanitarian, and shall submit the results with the preliminary
plat.
m.Â
Major subdivisions shall be reviewed by the Planning Board, or a
committee thereof, and accepted only when the plans include an acceptable
sewage treatment plant designed to serve the subdivision subject to
existing requirements contained in the Health Code of the Borough.
The proposed design and layout shall be subject to approval of the
Planning Board's Engineer and the system's conformance with
the Borough's Master Sewage Waste Plan at such time as the plan
may be adopted.
n.Â
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat. They shall include a covenant that only one dwelling unit shall
be constructed on a plot minimum size of which is hereafter stated.
All homes which cannot have gravity service by the proposed sanitary
sewer should be so indicated on the plan.
o.Â
Drainage calculations to sufficiently determine the quality and quantity of water run-off from the property in question before and after the proposed development in accordance with subsection 36-14.7 of this chapter.
p.Â
The following shall also be provided for a minor subdivision: use
of proposed lots; minimum building setback lines on all proposed lots;
location, size and nature of all easements; for subdivisions including
existing dwelling(s), show existing well and septic system, and distance
from same to proposed property lines. All lots shall be numbered in
accordance with the recommendation of the Tax Assessor, and his approval
shall be submitted in writing. The plat shall contain a certification
as to the total number of lots proposed: location and description
of all survey points; affidavit that the subdivider is the agent for,
or is the owner of the land in question; limits of grading for proposed
improvements and description and scheduling of soil erosion and sediment
control facilities; storm drainage calculations for proposed stormwater
drainage improvements; proposed and permitted maximum percentage of
Lot Coverage, Improved Lot Coverage and Maximum Disturbed Area for
each proposed lot, shown in tabular form; Limits of Flood Hazard Area,
Flood Way and Wetlands. For lots within the R-40V Zones, indicate
the percentage of each proposed lot which equals or exceeds 15% in
slope; and a statement as to the amount of soil to be moved, stated
in square feet of disturbed areas and cubic yards, for determination
as to whether a Borough of Ringwood Soil Mining Permit[1] is required.
q.Â
The following information shall be submitted in connection with a
preliminary or a final major subdivision application: use of proposed
lots; nature of all easements; for subdivisions including existing
dwelling(s), show existing well and septic system, and distance from
same to proposed property lines; sight distances and sight triangles
for all proposed roads. All lots shall be numbered in accordance with
the recommendation of the Tax Assessor, and his approval shall be
submitted in writing. The plat shall contain a certification as to
the total number of lots proposed; location and description of all
survey points; affidavit that the subdivider is the agent for, or
is the owner of the land in question; limits of grading for proposed
improvements, and description and scheduling of soil erosion and sediment
control facilities; storm drainage calculation for proposed stormwater
drainage improvements; proposed and permitted maximum percentage of
Lot Coverage, Improved Lot Coverage and Maximum Disturbed Area for
each proposed lot, shown in tabular form; Limits of Flood Hazard Area,
Flood Way and Wetlands. For lots within the R-40V Zones, indicate
the percentage of each proposed lot which equals or exceeds 15% in
slope and a statement as to the amount of soil to be moved, stated
in square feet of disturbed area and cubic yards, for determination
as to whether a Borough of Ringwood Soil Mining Permit[2] is required.
[1985 Code § 23-10.2]
The final plat shall be drawn in ink on tracing cloth or permanent
dimensionally stable material at a scale of not less than one inch
equals 100 feet and in compliance with all the provisions of N.J.S.A.
46:23-9.9 et seq. The final plat shall show or be accompanied by the
following:
a.Â
Date, name and location of the subdivision, name of owner, graphic
scale and reference meridian.
b.Â
Tract boundary lines, right-of-way lines of street, street names,
easements and other right-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines, all with accurate
dimensions, bearings of deflection angles, and radii, arcs, and central
angles of all curves.
c.Â
The purpose of any easement of land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
d.Â
All lots shall be numbered in accordance with the recommendation
of the Tax Assessor, and his approval shall be submitted in writing.
The plat shall contain a certification by the subdivider, surveyor
or engineer as to total number of lots shown.
e.Â
Minimum building setback lines on all lots and other sites.
f.Â
Location and description of all monuments, fire hydrants, fire alarm
boxes and other fire safety devices.
g.Â
Names of owners of adjoining lands.
h.Â
Certifications by the subdivider's land surveyor and Borough
Engineer as required by N.J.S.A. 46:23-9.9 et seq.
i.Â
Affidavit that the subdivider is the agent for or is the owner of
the land; or that the owner has given consent to the applicant under
an option agreement.
j.Â
When approval of a plat is required by any officer or body of the
Borough, the County or State, approval shall be certified on the plat.
k.Â
Contours at five foot intervals for slopes averaging 10% or greater
and at two foot intervals for land of lesser slope.
l.Â
Final cross-sections and profiles of streets as approved by the Borough
Engineer shall be required to accompany the final plat.
m.Â
Final plans and profiles of storm mains, sanitary sewers and all
other utilities. The final plans shall include location triangulations
of all dwellings to the termination point of all sanitary house connection
services, including depth after the construction is completed.
n.Â
Official tax search from the Collector of Taxes that all taxes are
paid to date.
o.Â
For all major subdivisions, the applicant shall arrange with the
serving utility for the underground installation of the utilities'
distribution supply lines and service connections in accordance with
the provisions of the applicable standard terms and conditions incorporated
as a part of its tariff, then on file with the New Jersey Board of
Public Utility Commissioners, and shall submit to the Planning Board,
prior to the granting of final approval, a written instrument from
each serving utility which shall evidence full compliance with the
provisions of this paragraph, provided that lots in such subdivisions
with existing supply lines that therefor have been installed on any
portion of the street involved may be supplied with electric and telephone
service from such overhead lines or extensions thereof, but the service
connections from the utilities' overhead lines shall be installed
underground.
p.Â
All plats, drawings or tracings submitted by an applicant seeking
a revision of any approved plat or an amendment or modification of
the terms and conditions of any approval shall contain a revision
box. No revision, amendment or modification shall be effected unless
approved by the Planning Board and recited in the aforesaid revision
box, complete with a description of the revision, modification or
amendment, the date of filing, and the signature of the Chairman and
Secretary of the Planning Board.
[1985 Code § 23-11.1]
Prior to the commencement of installation of improvements or
recording of final subdivision plats, whichever comes first, the approving
authority shall require that the subdivider shall have furnished performance
guarantees for the ultimate installation of ontract improvements which
are required.
a.Â
Streets shall be improved on the basis of the following specifications:
1.Â
Grades. All grades pertaining to hydraulics and road surfaces shall
be prepared and designed by an engineer licensed to work in the State
of New Jersey. The grade of any street shall not be less than 1% nor
more than 10%. Curbs shall be constructed along all streets. All such
curbs shall be constructed with the face being 1/2 of the pavement
distance from each side of the centerline, except at street intersections,
where the minimum radius shall be 25 feet. The top of the curb shall
generally be set to the grade of the centerline and shall have an
exposed face of six inches and be exactly two inches above the centerline
pavement grade. The curb shall be of concrete, shall be six inches
at the bottom, 20 inches in depth, and shall be in accordance with
the New Jersey State Highway Specifications for class "B" concrete.
All curbs shall be backfilled and subject to inspection and approval
by the Borough Engineer. Before any surface construction shall be
permitted, all storm sewers, inlets, manholes or any necessary appurtenances
shall be installed.
2.Â
Underground Utilities. All underground utilities, such as water supply
lines, house service connections, fire hydrants and gas mains, and
all other underground utilities, if included in and made part of the
preliminary plat, shall be constructed and completed before the construction
of the pavement takes place.
3.Â
Grading and Improvements. Roads shall be graded to the following
widths, with pavement constructed in width as herein stated as follows:
(a)Â
Major Streets. The street shall be graded to a width of 100
feet, with pavement constructed on a width of 48 feet, 24 feet on
each side of a planted median strip and shoulders 12 feet on each
external side of pavement shall have a bituminous treated gravel surface.
(b)Â
Collector Streets. The street shall be graded to a width of
54 feet, with pavement constructed on a width of 40 feet between curbs,
that is to say, 20 feet at right angles on either side of the centerline
thereof.
(c)Â
Minor Streets. The street shall be graded to a width of 44 feet,
with pavement constructed on a width of 30 feet between curbs, that
is to say, 15 feet at right angles on either side of the centerline
thereof.
(d)Â
Marginal Service Streets. The street shall be graded to a width
of 37 feet, with pavement constructed on a width of 30 feet between
curbs, that is to say, 15 feet at right angles on either side of the
centerline thereof, between curbs. No street shall be classified a
marginal service street if it services, or could be extended to serve,
more than four building lots.
4.Â
Construction Specifications. All new streets and roads in the Borough
shall be paved with an 8.5 inch bituminous concrete pavement, which
shall consist of a four inch macadam foundation course, a three inch
bituminous concrete binder course, and a 1.5 inch bituminous concrete
surface course, to be constructed according to the following specifications:
(a)Â
Four inch macadam foundation course which shall consist of the
construction of a pavement base course of macadam and the preparation
of the subgrade.
(1)Â
The materials for large aggregate and screening shall be broken
stone or trap rock, granite, gneiss, dolomite or limestone or blastfurnace
slag. The large aggregate shall be 2.5 inch size. The materials shall
conform to the requirements of article 8.5.5 and article 8.5.7, respectively,
of the New Jersey State Highway Department Standard Specifications,
1961.
(2)Â
No stone shall be laid on the subgrade until the subgrade has
been thoroughly inspected by the Borough Engineer or his duly authorized
representative and meets his approval. Macadam foundation course shall
be constructed of 2.5 inch crushed stone rolled to minimum thickness
of four inches with a three-wheeled power roller weighing not less
than 10 tons and a weight on the rear rollers of not less than 330
pounds per inch of width of the roller. The rolling shall begin at
the sides and progress to the center parallel with the centerline
of the road. After the stone has been properly rolled, stone dust
shall be spread over its surface and worked into the voids. This dust
shall be applied in thin layers, with intermittent rolling between
each application. After completion of rolling, the entire base surface
shall be broomed and swept, leaving no surplus stone dust remaining
on the surface. The faces of 2.5 inch stones shall show clean and
clear. Spots that have become loose, raveled or rutted shall be repaired
and rerolled to the satisfaction of the engineer or his duly authorized
representative. The macadam foundation shall not be constructed more
than two weeks prior to the time that the bituminous surface is to
be applied. The contractor or subdivider shall repair any foundation
defects to the satisfaction of the engineer or his duly authorized
representative if construction procedure is otherwise. As an alternative,
the base course may be constructed of quarry processed blend aggregate,
meeting the gradation requirement of type 5, class A aggregate, as
set forth in table 36 of article 8.8.1 of the Standard Specifications.
The method of construction of this alternate shall be in accordance
with article 3.2.3 of the Standard Specifications. The final compacted
thickness shall be six inches.
(3)Â
All topsoil shall be stripped from the proposed subgrade and
replaced outside of the curb, where appropriate, to support landscaping
on the remainder of the right-of-way. The subgrade, when completed,
shall be true to the lines, grades and cross-sections given on the
approved plan, or as directed by the Borough Engineer or his duly
authorized representative. After the subgrade has been shaped correctly,
it shall be brought to a firm, unyielding surface by rolling the entire
area with a three-wheeled power roller weighing not less than 10 tons.
All soft and spongy places shall be excavated and refilled solidly
with sub-base consisting of broken off six inches below the subgrade
surface. All stumps shall be removed in their entirety. This shall
be done before completing the rolling of the entire surface of the
subgrade.
(b)Â
Three inch bituminous concrete binder course type CA-BC description.
The bituminous concrete for type CA-BC shall be composed of coarse
aggregate, fine aggregate, mineral filler and bituminous material.
(1)Â
Bituminous Material shall be asphalt cement, penetration grade
85-100, conforming to the requirements therefor as specific in article
8.1.2 of the New Jersey State Highway Department Specifications, 1961.
Coarse Aggregate shall be broken stone of 3/4 inch size prepared
from trap rock, gneiss, granite or dolomite, conforming to the quality
requirements as specified respectively therefor in article 8.5.5.
The grading requirements shall conform to article 8.5.4, table 28,
of the New Jersey State Highway Department Standard Specifications,
1961.
Fine Aggregate shall conform to the requirements specified therefor
in article 8.5.12 of the New Jersey State Highway Standards Specifications,
1961.
(2)Â
Methods of Construction. The bituminous concrete binder course
type CA-BA-13 inches thick shall be spread by a bituminous concrete
paver which shall be self-contained, power propelled, provided with
an activated screen or strikeoff assembly, and shall meet the requirements
as specified therefor in article 3.10-3 of the New Jersey State Highway
Department Standard Specification, 1961. The mixture shall be laid
only upon a base which is dry and when the weather conditions are
suitable in the opinion of the engineer or his duly authorized representative.
The mixture shall be spread and struck off so as to obtain, after
completion, the grade and crown shown on the plans or adjustments
thereof made or ordered by the engineer, or his duly authorized representative.
On areas where irregularities or unavoidable obstacles make the use
of self-powered spreading and finishing equipment impracticable, in
the judgment of the engineer or his duly authorized representative,
the mixture may be spread and raked by hand. On such areas the mixtures
shall be dumped on steel dump boards and spread and raked to give
the thickness of material required. After the mixture has been properly
spread, initial compaction shall be obtained by rolling with a three-wheeled
power driver roller having a load of not less than 330 pounds per
inch of width of rear wheel and a total metal weight of not less than
10 tons. Subsequent rolling shall be done with a two-axle tandem roller
which shall be power driven and shall have a load of not less than
250 pounds per inch of width of tread of drive roll and shall have
a total metal weight of not less than eight tons. Rolling shall begin
at the sides and progress gradually to the center until the entire
surface has been rolled by the rear wheels. If the width of the binder
course permits, it shall be subjected to a diagonal rolling in two
directions, the second diagonal rolling crossing the lines of the
first. Any pavement that becomes loose and broken or mixed with dirt,
or is in any way defective shall be removed and replaced with fresh
hot mixture, which shall be immediately compacted to conform to the
surrounding area. Any area showing an excess of bituminous material
shall be removed and replaced. The final compacted thickness shall
not be less than three inches. Then, and as directed by the engineer
or his duly authorized representative, the contractor or subdivider
shall cut samples from the completed pavement and forward them to
the engineer. The area of pavement so removed shall be replaced with
new mixtures and refinished.
(c)Â
One and one-half inch bituminous concrete surface course, type
FA-BC description. The bituminous concrete for type FA-BC shall be
composed of coarse aggregate, fine aggregate, mineral filler and bituminous
material.
(1)Â
Bituminous material shall be asphalt cement, penetration grade
85-100, conforming to the requirements therefor as specified in article
8.1.2 of the New Jersey State Highway Department Standard Specifications,
1961.
Coarse aggregate shall be broken stone of 3/8 inch size prepared
from trap rock, gneiss, granite or dolomite, conforming to the quality
requirements as specified respectively therefor in article 8.5.5.
The grading requirements shall conform to article 8.5.4, table 28,
of the New Jersey State Highway Department Standard Specifications,
1961.
Fine aggregate shall conform to the requirements specified therefor
in article 8.5.12 of the New Jersey State Highway Department Standard
Specifications, 1961.
(2)Â
Methods of Construction. The bituminous concrete surface course
type FA-BC-1, 1.5 inches thick shall be self-contained, power-propelled,
provided with an activated screen or strikeoff assembly, and shall
meet the requirements as specified therefor in article 3.10-3 of the
New Jersey State Highway Department Specifications, 1961. The mixture
shall be laid only upon a base which is dry and when the weather conditions
are suitable, in the opinion of the engineer or his duly authorized
representative. The mixture shall be spread and struck off so as to
obtain, after compaction, the grade and crown shown on the plans or
adjustments thereof made or ordered by the engineer or his duly authorized
representative. On areas where irregularities or unavoidable obstacles
make the use of the self-powered spreading and finishing equipment
impracticable, in the judgment of the engineer or his duly authorized
representative, the mixture may be spread and raked by hand. On such
areas, the mixture shall be dumped on steel dump boards and spread
and raked to give the thickness of material required. After the mixture
has been properly spread, initial compaction shall be obtained by
rolling with a three-wheeled power-driven roller having a load of
not less than 330 pounds per inch of width of rear wheel and a total
metal weight of not less than 10 tons. Subsequent rolling shall be
done with a two-axle tandem roller which shall be power driven and
shall have a load of not less than 250 pounds per inch of width of
tread of drive roll and shall have a total metal weight of not less
than eight tons. Rolling shall begin at the sides and progress gradually
to the center, until the entire surface has been rolled by the rear
wheels, if the width of the surface course permits, it shall be subjected
to a diagonal rolling in two directions, the second diagonal rolling
crossing the lines of the first. Rolling shall be continued until
all roller marks are eliminated and the finished surface meets the
requirements specified under surface requirements of the standard
specifications. Along curbs and at other places not accessible to
the roller, the mixture shall be thoroughly compacted with hot hand
or mechanical tampers and smoothing irons, which shall be suitable
to the engineer or his duly authorized representative. Any pavement
that becomes loose and broken or mixed with dirt, or is in any way
defective, shall be immediately compacted to conform to the surrounding
area. Any area showing an excess of bituminous material shall be removed
and replaced. The final compacted thickness shall not be less than
1.5 inches. Then, and as directed by the engineer or his duly authorized
representative, the contractor or subdivider shall cut samples from
the completed pavement and shall forward same to the engineer. The
areas of pavement so removed shall be replaced with new mixtures and
refinished.
Tack Coat. Where bituminous stabilized base course paving is
placed allowing traffic before the top F.A.B.C. course, a tack coat
shall be applied to the base course prior to construction of the surface
course to insure proper bond. The tack coat material shall be cutback
asphalt, grade RC-70 and shall be applied at a rate of 0.02 to 0.10
gallons per square yard of road surface.
b.Â
Street names and signs shall be placed at all street intersections
within or abutting the subdivision and shall be of a type approved
by the Planning Board and meeting requirements of any standards established
by the Borough.
c.Â
Curbs and gutters shall be constructed wherever required by this
chapter.
d.Â
Monuments shall be of the size and shape required by N.J.S.A. 46:23-9.11
and shall be placed in accordance with the Statute. All monuments
shall be subject to approval of the Planning Board Engineer as to
adequacy and location.
e.Â
No topsoil shall be removed from the site or used as spoil. Topsoil
moved during the course of construction shall be redistributed so
as to provide an even coverage of at least six inches to all areas
of the subdivision and shall be established by seeding or planting.
f.Â
The Developer shall install a water supply and distribution system,
culverts, storm sewers and surface and subsurface water control devices.
In addition, sanitary sewers, sewer mains and any required pumping
devices shall be installed if required by the rules and regulations
of the Ringwood Borough Department of Sewer and Water, or the Waste
Water Management Plan of the Borough. Any sewerage disposal system
installed, other than an individual on site subsurface disposal systems,
shall be operated by the subdivider for a period of one year at his
expense, and, as a condition of subdivision, he shall be required
to provide assurance and surety for the operation of the same. At
any time after the aforesaid period of proper and satisfactory operation
and maintenance, the subdivider shall, upon demand of the Mayor and
Council, convey and dedicate the sewerage system and package plant
to the Borough or municipal or other utility department designated
by the Borough without cost or consideration. The installation of
such sewerage lines and plants shall be in keeping with the minimum
standards as required by the State of New Jersey, as worded and set
forth in N.J.S.A. 58:11.23, et seq.
g.Â
Street lights shall be installed at all street intersections. Street
lights shall be installed prior to acceptance of street improvements
by the Borough.
h.Â
Shade trees shall be provided by the subdivider and planted two feet
from the right-of-way lines of streets. They shall be hard maple,
ash or other species approved by the Planning Board Engineer. There
shall be a minimum of one tree per every 50 linear feet of frontage,
and minimum height of each tree when planted shall not be less than
eight feet above grade, and not closer than 25 feet from any streetlight
or street intersection.
[1985 Code § 23-11.2]
After the streets are completed and approved as above set forth,
with all improvements as above stated installed, and with sufficient
permanent monuments set to lines and grades as approved by the Borough
Engineer, the subdivider shall deliver to the Borough the following:
a.Â
Warranty deeds, for dedication, releases of mortgages and other liens
covering the streets shown on the map. Such deeds shall convey the
land, wherein the streets are located in the Borough, in fee simple,
free of all encumbrances, including taxes and assessments. The deeds,
releases and other instruments shall meet with the approval of the
Borough Attorney.
b.Â
As-built drawings for all streets, showing the location of all utilities
and drains and depths thereof, shall be submitted to the Borough upon
the completion of the streets in the subdivision. The original map
on tracing cloth and in ink shall show all improvements as actually
constructed.
c.Â
Streets and improvements shall be considered accepted only upon approval
by the Borough Council of the Deed of Dedication and subject to the
posting of an appropriate maintenance guarantee as hereinafter provided.
[1985 Code § 23-11.3]
Prior to the commencement of installation of improvements or
recording of final subdivision plats, whichever comes first, the Approving
Authority shall require and shall accept for the purpose of assuring
the installation and maintenance of improvements:
a.Â
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120% of the cost of the installation for
improvements it may deem necessary or appropriate, including streets,
grading, pavement, gutters, curbs, sidewalks, street lighting, shade
trees, surveyor's monuments, as shown on the final map and required
by the "Map Filing Law," N.J.S.A. 46:23.9.9 et seq., water mains,
culverts, storm sewers, sanitary sewers or other means of sewerage
disposal, drainage structures, erosion control and sedimentation control
devices, and public improvements of open space.
b.Â
Provision for a maintenance guarantee to be posted with the Borough
Council for a period not to exceed two years after final acceptance
of the improvement, in an amount not to exceed 15% of the cost of
the improvement. In the event that other governmental agencies or
public utilities automatically will own the utilities to be installed,
or the improvements are covered by a performance for maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the Borough for such utilities
or improvements.
c.Â
The amount of any performance guarantee may be reduced by the Borough
Council by resolution when portions of the improvements have been
certified by the Borough Engineer to have been completed. The time
allowed for installation of the improvements for which the performance
guarantee has been provided may be extended by such body by resolution.
d.Â
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected and the Borough may, either prior to or
after the receipt of the proceeds thereof, complete such improvements.
e.Â
When all of the required improvements have been completed, the obligor
shall notify the Borough Council in writing, by certified mail addressed
in care of the Borough Clerk, of the completion of the improvements
and shall send a copy thereof to the Borough Engineer. Thereupon,
the Engineer shall inspect all of the improvements and shall file
a detailed report, in writing, with the Borough Council, indicating
either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
f.Â
The Borough Council shall either approve, partially approve or reject
the improvements on the basis of the report of the Borough Engineer,
and shall notify the obligor in writing, by certified mail, of the
contents of the report and the action of the Approving Authority with
relation thereto no later than 65 days after receipt of the notice
from the obligor of the completion of the improvements. When partial
approval is granted, the obligor shall be released from all liability
pursuant to its performance guarantee, except for that portion adequately
sufficient to secure provision of the improvements not yet approved.
Failure of the Borough Council to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements and obligor and surety, if any, shall be released
from all liability, pursuant to such performance guarantee.
g.Â
If any portion of the required improvements are rejected, the Approving
Authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification as set forth in
this section shall be followed.
h.Â
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Borough Council or the Borough Engineer.
i.Â
The developer shall reimburse the municipality for all reasonable
inspection fees paid to the Municipal Engineer for the foregoing inspection
of improvement; Developer shall deposit with the Borough Clerk or
Treasurer on behalf of such inspection fees an amount not to exceed
5% of the costs of the improvements, excluding add-ons for escalation,
contingencies, legal costs, overhead, and the like.
[1985 Code § 23-12.1]
The subdivider shall observe the requirements and principles of land subdivision in the design of each subdivision or portion thereof, as set forth in this Section 36-14.
[1985 Code § 23-12.2]
The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. Where an official map or Master Plan, or both, has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an 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 N.J.S.A. 40:55D-38 et seq., and shall be such as to lend themselves to the harmonious development of the Borough and to enhance the public welfare in accordance with the design standards set forth in subsections 36-14.3 to 36-14.6 inclusive.
[1985 Code § 23-12.3]
a.Â
The arrangements 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.Â
Minor streets and marginal service streets shall be designed so as
to discourage through traffic.
c.Â
The right-of-way width shall be measured from lot line to lot line
and shall not be less than the following:
1.Â
Major streets, 100 feet.
2.Â
Collector streets, 80 feet, unless the Planning Board shall determine
that 60 feet is satisfactory. This width shall not apply to any road
or street which by this chapter would be under definition of a collector
street and the right-of-way width of such street or road has theretofore
been fixed by ordinance. The right-of-way width of such street or
road shall continue to be that width as fixed in such ordinance, until
and unless such width be amended by future ordinance or fixed in the
Master Plan duly adopted and approved.
3.Â
Minor streets, 50 feet.
4.Â
Marginal service streets, 40 feet.
5.Â
The right-of-way width for internal roads on other than one-family,
residential developments 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.
d.Â
No subdivision that shows reserve strips controlling access to streets
shall be approved, except where the control and disposal of land comprising
such strips has been placed in the Borough.
e.Â
Street intersections shall be as nearly at right angles as is possible,
and in no case shall be less than 70°. The block corners at intersections
shall be rounded at the lot line with a curve having a radius of not
less than 25 feet.
f.Â
Street jogs with centerline offsets of less than 150 feet shall be
prohibited.
g.Â
A tangent at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
h.Â
When connection street lines deflect from each other at any point
by more than 10° and not more than 45°, they shall be connected
by a curve with a radius of no less than 100 feet for minor streets
and 300 feet for major traffic and collector streets.
i.Â
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance. Minimum
sight distance for major traffic and collector streets shall be 280
feet measured at driver's eye height of 3.5 feet, and 100 feet
for all streets.
j.Â
Dead-end streets or culs-de-sac shall not be longer than 600 feet
and shall provide a turnaround at the end with a radius of no less
than 50 feet at tangent whenever possible to the right side of the
streets. Minimum paving radius shall be 32 feet. Dead-end streets
shall be as straight as possible; centerline deflections in excess
of 35° shall not be acceptable. If a dead-end street is of temporary
nature, a similar turnaround shall be provided and provisions made
for future extension of the street and reversion of the excess right-of-way
to the adjoining properties. All temporary turnarounds shall be paved
the same as all new streets for a circular area of minimum thirty-foot
radius. For marginal service streets the turnaround radius shall be
the same as temporary turnarounds unless the Planning Board shall
waive this requirement.
k.Â
No street shall have a name which will duplicate or be likely to
be confused with the name of an existing street. The continuation
of an existing street shall have the same name.
[1985 Code § 23-12.4]
a.Â
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by the
zoning ordinances, and to provide for convenient access, circulation
control and safety of street traffic.
b.Â
In blocks over 1,000 feet long, pedestrian walkways may be required.
Such walkways shall be 10 feet wide and be straight from street to
street.
c.Â
For commercial and other one-family residence use, block size shall
be sufficient to meet all area and yard requirements for such use.
[1985 Code § 23-12.5; Ord. No.
1999-10 §§ 2, 3; Ord. No. 2004-08 § 2]
a.Â
Lot dimensions, areas, and setbacks shall be not less than the requirements
of the zoning ordinances of the Borough.
b.Â
The depth of a lot shall normally be from 1.5 to 2.5 times its width.
The maximum depth of a lot shall not exceed three times its width
except when topographical conditions or unnecessary hardship shall
warrant a waiver of the literal enforcement of the provision, and
provided that such a waiver does not conflict with the general purpose
and intent of the Master Plan, zoning ordinances or this chapter.
c.Â
Insofar as is practical, side lot lines shall be at right angles
to straight streets, and radial to curved streets.
d.Â
Each lot shall front upon an approved street at least 40 feet in
width.
e.Â
When extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line.
f.Â
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 similar circumstances, the Planning Board may, after
adequate investigation, withhold approval of such lots.
g.Â
Maps shall show a minimum setback for buildings, exclusive of steps, in accordance with the requirements of Chapter 40 Zoning.
h.Â
Lots with an average slope of land over 20% shall not be permitted.
Lots with an average slope over 20% shall not be permitted.
i.Â
In the R-40V and R-80V Zones, regrading of a proposed lot (from over 25% to under 25%) shall not be permitted except as part of an approved site grading plan. The Borough Engineer shall assure compliance with the approved site grading plan. See Chapter 40, Zoning, subsection 40-4.8b3(b)(2).
j.Â
Residential lots shall be laid out so that the driveway shall have
a grade not in excess of 12%. The maximum width for land disturbance
for construction of a driveway shall be 20 feet.
[1985 Code § 23-12.6]
a.Â
In large scale developments, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 20 feet wide and shall be located in consultation
with the companies or Borough Departments concerned.
b.Â
Where a subdivision is traversed by a watercourse, pond, lake or
brook, drainageway channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose. The Planning Board may,
where it deems advisable, require the conveyance in fee simple to
the Borough of any such right-of-way.
c.Â
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
d.Â
The Borough may require, where it deems advisable, that suitable
area or areas in the subdivision, not exceeding 10% of its total area,
be reserved for park or playground purposes.
f.Â
A minimum of a four-foot soil covering shall be required over all
proposed new water and sewer lines.
g.Â
Where a proposed park, playground, school or other public use shown
on the Comprehensive Master Plan is located in whole or in part in
a subdivision, the Planning Board may require the dedication or reservation
of such area within the subdivision in those cases in which the Planning
Board deems such requirements to be reasonable.
h.Â
Where deemed essential by the Planning Board upon consideration of
the particular type of development proposed in the subdivision and
especially in large-scale developments, the Planning Board may require
the dedication or reservation of such other areas or sites of a character,
extent and location, suitable to the needs created by such development
for schools, parks and other neighborhood purposes as determined by
the Comprehensive Master Plan.
[1985 Code § 23-12.7]
Provisions shall be made for the drainage of surface runoff
waters in and from the premises so that flooding and erosion of the
property and the property of others shall be prevented.
a.Â
Soil Erosion, Sediment Control and Stormwater Management Plans. Soil
erosion and sediment controls and stormwater management plans shall
coordinate with all other applicable ordinances, statutes, and governmental
agency requirements, including, but not limited to, Soil Conservation
Service, Army Corps of Engineers, the New Jersey Department of Environmental
Protection and the United States Environmental Protection Agency.
The following principles shall govern the preparation of all
applications and guide the Approving Authority in its consideration
of same:
1.Â
Vegetation.
(a)Â
The practical philosophy regarding sediment control is to arrest
it at the earliest possible state and retain it on the construction
site. The susceptibility of the land to erosion shall be minimized
during and after development.
(b)Â
The smallest practical area of soil shall be exposed at any
one time. As the use of natural cover is an effective method of limiting
erosion and stormwater runoff, existing natural vegetation shall be
protected and preserved to the maximum extent possible.
(c)Â
Temporary plant cover and/or effective mulching shall be used
to protect critical erosion areas during development. Temporary vegetative
cover shall be such as to perpetuate itself until permanent vegetation
is provided. Vegetative cover shall be established as early during
development as possible.
(d)Â
Specifications for both temporary and permanent seeding shall
be prepared and submitted. These specifications shall be approved
before beginning any land disturbance or construction.
2.Â
Nonvegetation. To intercept sediment and debris in runoff water during
development, nonvegetative measures such as stone filter berms, brush
barriers, staked straw bale barriers, sediment basins or silt traps
shall be installed and maintained.
3.Â
Excavation.
(a)Â
The manner and sequence in which excavation takes place can
strongly affect the success of the soil erosion and sediment control
plan.
(b)Â
Excavated material shall not be spilled or dumped into streams,
watercourses, wetlands or stream buffers or placed in such a manner
that it will easily erode into them.
(c)Â
Stream and wetland buffers shall remain in their natural vegetative
state, undisturbed, except as provided herein, and shall not be used
for storage or parking of equipment and automobiles.
(d)Â
Depressions and pits shall not be created. Lateral support of
abutting roads and properties shall be provided.
(e)Â
Except for excessive amounts of topsoil, no topsoil shall be
removed from the site. No topsoil shall be used as spoil.
(f)Â
Topsoil moved during the course of development shall be redistributed
so as to provide at least four inches of cover to all disturbed areas
of the development and shall be stabilized by seeding or plantings.
4.Â
Drainage Patterns.
(a)Â
Wherever possible, streams, watercourses and wetlands and their
stream buffers shall be preserved and interruption or impediment of
natural drainage entering or leaving the property shall be minimized.
(b)Â
Maximum use shall be made of presently existing surface water
runoff control devices, mechanisms or areas such as existing berms,
terraces, streams, grass waterways, favorable hydrologic soils, swales,
watercourses, woodland, flood plains, wetlands as well as any proposed
retention/detention structures.
(c)Â
Due consideration shall be given to the relationship of the
subject property to the natural or established drainage pattern of
the subwatershed of which it is a part.
(d)Â
Surface water runoff shall not be transferred from a watershed
of poorer quality to another of better quality by artificial means.
(e)Â
Evaluation shall be made of the characteristics of the subwatershed
of which the development is a part and the receiving stream capacities
and water quality.
(f)Â
Streams, watercourses and wetlands which normally carry or receive
surface water runoff shall not be overloaded with increased runoff,
sediment or other pollution during or after development.
(g)Â
Any changes in the contours of the land from its natural state
or any structures, diversions or other improvement shall not introduce
into any stream, watercourse, wetland or aquifer recharge area any
pollutant, whether from a point or non-point source, discharge or
sediment load which would affect the stability or ecological balance
of the streams, watercourses, wetland, or aquifer recharge area by
either pollution or any increase or decrease of the natural flows.
5.Â
Ground Water Recharge. The ability to retain and maximize the ground
water recharge capacity of the area being developed is encouraged.
Design of the stormwater runoff control system shall give consideration
to providing ground water recharge to compensate for the reduction
in the percolation that occurs due to the increase in impervious surface
areas.
6.Â
Drainage Facilities.
(a)Â
All water-carrying structures and/or retention/detention areas
shall be completed and stabilized prior to diversion of water to them.
(b)Â
Temporary drainage facilities shall be provided to accommodate
water runoff during the construction of permanent drainage facilities.
(c)Â
Where development of a property presents the threat of flooding
or damage by flash runoff to downstream areas, the facilities for
stormwater runoff control shall be constructed prior to any earth
moving or drainage construction to the development.
(d)Â
To the greatest possible extent, the plan shall avoid the concentration
of flow and shall provide for dissipation of velocities at all concentrated
discharge points.
(e)Â
Stormwater runoff from roads and structures shall have suitable
retention or pollution controls to minimize pollution and runoff entering
a stream, watercourse wetland or aquifer recharge area in accordance
with Soil Conservation Service requirements.
(f)Â
Where drainage swales are provided, they shall be constructed
to afford a minimum amount of land disturbance. They should be placed
between trees with a minimum side clearance of disturbance. They should
follow natural drainage courses/contours.
b.Â
Drainage Design Standards. The drainage systems shall be designed
in conformance with accepted engineering standards. A report on storm
drainage calculations shall be prepared, signed and sealed by a licensed
professional engineer in the State of New Jersey, in sufficient detail
for a review of these calculations. Included shall be maps, plats,
or other materials necessary to establish: areas tributary to the
site as well as areas within the site tributary to a specific drainage
structure, methodology for selection of various variables, and capacity
of proposed systems. Drainage basin maps shall conform to the following:
|
Basin Size
(acres)
|
Map Minimum Scale
|
|---|---|
|
0 to 40
|
1 inches = 50 feet
|
|
41 to 800
|
1 inches = 1,000 feet
|
|
801 and over
|
1 inches = 2,000 feet
|
|
USCGS maps (one inch equals 2,000 feet scale) carefully and
accurately enlarged by reproductive means 2 X will be acceptable for
one inch equals 1,000 feet scale provided a verifiable scale legend
was placed on the map prior to enlargement.
|
|
The design considerations shall include and not be limited to,
drainage areas, runoff calculations, flow velocities, storm drains,
pipelines, inlet designs and manholes.
|
1.Â
All stormwater drainage facilities shall be designed using a 25 year
design storm. Detention or retention facilities shall be designed
utilizing a 100-year design storm. Rainfall intensity shall be in
accordance with N.J. Rainfall Intensity Curves (NJDEP).
2.Â
Stormwater facilities include, but are not limited to drywells, swales,
basins, porous pavement, drainage pipes, or a combination of these,
or other methods.
3.Â
All applications for subdivision and site plan approval shall be
required to maintain the rate of stormwater runoff for the property
to no more than the rate of runoff from the lands in its present state,
both during and after construction.
4.Â
Methodology for determining runoff shall conform to one of the following:
(a)Â
For Drainage Areas of Up to 0.5 Square Mile: The Rational Formula
and Runoff Coefficients, published in the Handbook of Applied Hydrology,
Ven Te Chow, Editor, McGraw-Hill, 1964, can be used in conjunction
with a trapezoidal hydrograph to calculate total volumes of runoff
in order to determine maximum volume from storm of critical duration.
(b)Â
For Drainage Areas of Less Than Five Square Miles: SCS Runoff
Equation, runoff curve numbers and dimensionless unit hydrograph as
described in National Engineering Handbook Section 4-Hydrology, U.S.
Department of Agriculture, Soil Conservation Service, August 1972
and Technical Release Number 55-Urban Hydrology for Small Watersheds,
U.S. Department of Agriculture, Soil Conservation Service, Engineering
Division, January, 1975.
(c)Â
For Drainage Areas of Five Square Miles or Greater: Methodology
for determining runoff must be submitted to the Planning Board Engineer
for approval.
5.Â
Intercepter ditches shall be established above all cut/fill slopes
and the intercepted water be conveyed to a stable channel or watercourse
with adequate capacity.
6.Â
Stormwater retention/detention basins may be excavated basins, basins
created through use of curbs, stabilized earth berms or dikes, or
any other form of grading which serves to temporarily impound and
store water. The following standards shall apply:
(a)Â
Where retention ponds are to be provided, dual purpose controls
for storing excess water runoff and a settling period for particulate
matter shall be provided. 90% of runoff of one year storm must be
retained for a minimum of 18 hours for residential property and 36
hours for commercial property, unless one year storm runoff is diverted
directly to an approved Ground Absorption System.
(b)Â
A routing study shall be provided and shall conform to Technical
Release 55-Urban Hydrology for Small Watersheds, U.S. Department of
Agriculture, Soil Conservation Service, Engineering Division, January,
1975, or any other acceptable method.
(c)Â
Detention areas shall be designed to contain stormwater discharge.
Peak discharge from design storm after development shall be controlled
to a rate of discharge equal to the peak discharge of storm prior
to development for two-, ten-, twenty-five- and 100-year design storms.
Retention areas shall accept all surface waters from a 100-year
design storm and absorb these waters within a seven-day period.
(d)Â
If earth berms or dikes are used to create the impounding area,
they shall be provided with an emergency spillway or outlet to pass
the 100-year storm and be adequately stabilized and the slopes protected
with vegetative cover, paving or riprap to protect against failure
or breaching.
(e)Â
Outlet pipes shall be at least six inches in diameter to facilitate
cleaning. Trash racks shall be installed to prevent clogging of the
outlet pipe. Maximum bar spacing shall be 75% of outlet pipe size.
Trash racks shall have area openings totaling five times area openings
of the outlet pipe.
(f)Â
Suitable linings shall be placed upstream and downstream from
principal inlets or outlets to prevent scour and erosion.
(g)Â
Embankments shall have side slopes not steeper than three to
one.
(h)Â
Safety ledges shall be constructed when side slopes steeper
than three to one have been specifically allowed and where basins
have a permanent pool of water. These ledges shall be at least four
feet in width with one located one to 1Â 1/2 feet above and the
other located 2Â 1/2 to three feet below the permanent water surface.
(i)Â
Basin bottoms shall be designed to protect against residual
water periods to prevent mosquito breeding. Minimum slope of basin
bottom is 2%.
(j)Â
Fencing and/or vegetative screening may be required around basins.
7.Â
Ground Absorption Systems. Ground absorption systems such as drywells,
porous pavement, porous piping systems or the like shall be used only
where the infiltration rate of the receiving soil is acceptable as
determined by percolation tests and soil logs. One percolation test
and soil log is required per absorption unit.
8.Â
Drainage Channels.
(a)Â
Drainage channels shall be designed utilizing the Manning Formula.
One foot of freeboard above the design storm flowline shall be provided.
Channel lining shall be suitable for the design velocity in accordance
with Standards for Soil Erosion and Sediment Control in New Jersey,
adopted by the New Jersey State Soil Conservation Committee, as may
be amended.
(b)Â
Where velocities exceed five feet per second, tributary areas
exceed 10 acres, or where the channel has side slopes of greater than
one vertical to three horizontal, channels shall be riprap lined.
9.Â
Pipe Sizes.
(a)Â
The minimum pipe size shall be 15 inches and pipes shall be
reinforced concrete. Pipe strength shall be adequate to withstand
external loading, but in no case shall it be less than Class III strength.
(b)Â
Slopes shall be designed for all pipes so that a minimum velocity
of two feet per second shall be obtained when the pipe is flowing
1/2 full.
(c)Â
Pipe flow capacity shall be calculated using Manning's
Formula. Roughness coefficients shall be 0.013 for concrete pipe.
(d)Â
Where pipe sizes are increased, the invert of the larger pipe
shall be dropped so that the tops of the pipes shall be at the same
elevations. All storm sewers shall have a minimum cover of two feet.
10.Â
Inlets (Catch Basins).
(a)Â
Inlets, or catch basins, shall be spaced so that the run of
water does not exceed 350 feet and so that flow to any inlet does
not exceed 4Â 1/2 cubic feet per second for the design storm.
Manholes or inlets shall be placed wherever a change in grade or alignment
of a storm drain occurs, but in any case not more than 350 feet apart.
An inlet must be located in front of each lot, as a minimum.
(b)Â
Inlets shall be Type B unless an adjoining curb exists or is
proposed, in which case inlets may be Type A, if approved, by the
Approving Authority.
(c)Â
Outlet pipe shall be six inches above bottom of inlet to catch
sand and gravel.
11.Â
Headwalls. Headwalls shall be provided at all pipe inlets and outlets.
Headwalls shall be constructed on Min 3000 PSI Concrete. Minimum wall
thickness shall be 12 inches. Minimum height above pipe invert shall
be 1Â 1/2 times the pipe diameter. Minimum overall width shall
be three times the pipe diameter. The apron shall extend past the
outlet 1Â 1/2 times the pipe diameter.
12.Â
Drainage Easements.
(a)Â
Where a subdivision or site is traversed by a natural stream,
watercourse or drainage way, there shall be provided a public drainage
way conforming substantially with the lines of such watercourses and
such further width or construction, or both, will be adequate for
the purpose.
(b)Â
Easements shall contain the drainage way and be sufficiently
wide enough to contain the flow from the design storm. Minimum easement
width shall be 20 feet; 10 feet on each side of the centerline of
the watercourse.
(c)Â
The Approving Authority, where it deems advisable, may require
the conveyance of such right-of-way in fee simple to the Borough.
c.Â
Sediment Control Design Standards.
1.Â
All applications not meeting the minimum requirement for filing of
a Soil Mining Permit or submission of a soil erosion and sedimentation
control plan with the Local Conservation District of the Soil Conservation
Service shall be required to prepare a plan to control soil erosion
and sedimentation. This plan shall be included in all site plan and
subdivision applications and shall be reviewed by the Approving Authority
based upon Standards for Soil Erosion and Sediment Control in New
Jersey, adopted by the New Jersey State Soil Conservation Committee.
3.Â
All applications meeting the minimum requirements for submission
of a soil erosion and sedimentation control plan shall apply and obtain
approval from the Local Conservation District of the Soil Conservation
Service.
d.Â
Grading Standards.
1.Â
All applications shall be subject to the provisions of paragraph
c above.
2.Â
Cut or fill slopes for embankments outside of the graded portion
of the street shall make use of rubble walls, wherever possible.
3.Â
Cut or fill slopes exceeding a ratio of one-foot vertical to three
feet horizontal require special methods of embankment stabilization.
A detailed outline of procedures and specifications shall be submitted
for approval.
[1985 Code § 23-12.8]
[1985 Code § 23-13.1]
a.Â
The Board may require the applicant as a condition of final approval,
at the applicant's expense, to provide for and construct off-tract
improvements which are caused and necessitated by the proposed development
and where no other properties receive a special benefit thereby. The
standards for construction and performance maintenance guarantees
shall be the same as though the improvements were on-tract improvements.
b.Â
Where the need for off-tract improvements is caused and necessitated
by the development of the applicant's property and other properties
will benefit by such improvements, the Planning Board shall advise
the Borough Council of the required improvements.
c.Â
The Borough Council shall determine:
1.Â
Whether the improvements shall be constructed by the Borough as a
general improvement or as a local improvement.
2.Â
Whether the improvement shall be constructed by the applicant with
a provision for partial reimbursement where the improvement specially
benefits properties other than that of the applicant.
3.Â
The Borough Council shall advise the Planning Board of its determination
and the Planning Board, with the aid of the Borough Engineer and other
relevant officials, shall estimate:
d.Â
If the Council determines to construct the improvements as a general
improvement, the applicant shall be liable for an amount equal to
the difference between the estimated cost of the improvement and the
estimated amount by which all properties, including the applicant's
property, will be especially benefited by the improvement.
e.Â
If the Council determines to construct the improvement as a local
improvement, the applicant shall be liable, in addition to the amount
stated in paragraph c hereof, for the estimated amount by which the
applicant's property shall be especially benefited.
f.Â
If the Borough Council determines that the applicant shall construct
the improvements, the applicant shall be liable for the amount stated
in paragraph c together with the estimated amount by which the applicant's
property shall be especially benefited, provided that the applicant
shall be reimbursed by the Borough for the amount of any special assessments
against property other than the applicant's when the special
assessments against the other properties are received by the Borough.
[1985 Code § 23-13.2]
The Borough Council shall adopt such ordinances as are necessary to legally implement the Council's determination in regard to subsection 36-15.1, paragraphs d, e and f.
[1985 Code § 23-13.3]
The standards of construction and performance maintenance guarantee for off-tract improvements required by subsection 36-15.1 shall be the same as though the improvements were on-tract improvements except:
a.Â
Where the improvements are to be constructed pursuant to paragraph f of subsection 36-15.1, the applicant shall provide a performance bond with surety in an amount not to exceed 120% of the estimated cost of the improvements.
b.Â
Where the improvements are to be constructed by the Borough as a
general improvement, the applicant shall provide a performance bond
with surety not to exceed 120% of the excess of the estimated cost
of the improvements over the estimated total amount by which all property,
including the subject property, will be specially benefited.
[1985 Code § 23-13.4]
Where the applicant shall be liable for the estimated excess amount of the total cost of the improvements as provided by subsection 36-15.1, paragraphs d, e and f, the amount shall be deposited in cash with the Borough Clerk as a condition of final approval. The deposit shall be used for the designated improvements. Upon completion of the improvements, the applicant's liability shall be recalculated in accordance with the actual cost of improvements as compared with the estimated cost of improvements. In the event the recalculation shall require an increase in the cash deposit, the applicant shall pay the amount. In the event of a decrease in actual cash, the applicant shall be entitled to the proper refund. The recalculation shall be made by the Borough Assessor and Planning Board Engineer.
[1985 Code § 23-14.1; New]
If, before final subdivision approval has been granted, any
person transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which Borough approval is required by ordinance, pursuant to this
act, such person shall be subject to a penalty not to exceed $1,250,
and each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the Borough may institute and maintain
a civil action:
a.Â
For injunctive relief.
b.Â
To set aside and invalidate any conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued
in accordance with law. In any such action, the transferee, purchaser
or grantee shall be entitled to a lien upon the portion of the land
from which the subdivision was made that remains in the possession
of the developer, or his assigns or successors, to secure the return
of any deposit made or purchase price paid, and also a reasonable
search fee, survey expense and title closing expense, if any. Any
such action shall be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of the
land or within six years, if unrecorded.
[1985 Code § 23-14.2; New]
Any person or persons, or a corporation violating any of the
provisions of this chapter, or selling before approval shall, upon
conviction, be subject to a fine not exceeding $1,250 or by imprisonment
by a term not exceeding 10 days, or both.
