[Ord. #59-3]
This chapter shall be known and may be cited as "The Land Subdivision Ordinance of the Township of Wantage."
Editor's Note: Pursuant to Ordinance No. 2001-22, the phrase land use board replaces the phrases planning board, zoning board of adjustment, zoning board and board of adjustment wherever these phrases appear in the Revised General Ordinances of the Township of Wantage.
[Ord. #59-3]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the township in order to promote the public health, safety, convenience and general welfare of the township. It shall be administered to insure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for traffic circulation, utilities and services.
[Ord. #77-16]
The provisions of this chapter shall be administered by the township planning board and, where permitted by statute, the zoning board of adjustment, in accordance with all applicable provisions of C. 40:55D-1 et seq.
[Ord. #77-16; Ord. #02-01]
As used in this chapter.
a.
APPLICANT - Shall mean the developer submitting an application for development.
b.
APPLICATION FOR DEVELOPMENT - Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat.
c.
DEVELOPER - Shall mean the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
d.
DEVELOPMENT - Shall mean the process of subdividing or obtaining site plan review. It may also refer to the improvement of land and, in proper context, to a subdivision.
e.
DRAINAGE RIGHT-OF-WAY - Shall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream of water for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter One of Title 58 of the Revised Statutes.
f.
FINAL APPROVAL - Shall mean the official action of the planning board taken on an approved preliminary plat after all requirements, conditions, engineering plans, etc., have been completed and the required improvements installed or bonds properly posted for their completion. A plat that receives such final approval must have been prepared by a licensed professional engineer and a land surveyor in compliance with all the provisions of N.J.S.A. 46:23-9.9 et seq. and is the map which must be filed with the county clerk in accordance with C. 40:55D-54 in order to make the approval binding.
g.
FINAL PLAT - Shall mean the final map of all or a portion of the subdivision which is presented to the planning board for final approval in accordance with these regulations and which if approved shall be filed with the proper county recording officer.
h.
GENERAL TERMS AND CONDITIONS - Shall mean those as outlined under preliminary plat details subsection 12-6.1 and the design standards as outlined under section 12-8.
i.
LARGE LOT SUBDIVISION - Shall mean a subdivision specifically permitted by subsection 13-4.5g of the zoning ordinance in which lots and facilities are subject to less stringent regulations than otherwise required for subdivisions. Lots shall have a minimum area requirement of three acres with a maximum gross tract density of five acres per lot determined as follows: the total gross area of the tract shall be divided by five to determine the maximum number of allowable lots.
j.
LOT - Shall mean a parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purchase of sales, lease, or separate use.
k.
MAJOR SUBDIVISION - Shall mean all subdivisions not classified as minor subdivisions.
l.
MASTER PLAN - Shall mean a composite of the mapped and written proposals recommending the physical development of the township which shall have been duly adopted by the land use board.
m.
MINOR SUBDIVISION - Shall mean the division of a tract of land meeting one or more of the following conditions:
1.
The division of a parcel of land for the purpose of enlarging an adjoining lot, notwithstanding that such existing lot, together with the added portion, still does not meet the requirements of the zoning ordinance or this chapter, wherein the remaining parcel is not in conflict with the zoning ordinance nor is its future use or development adversely affected.
2.
Any division of land for the creation of not more than three lots (three new lots and the remaining parcel) so long as the remainder is capable of future subdivision; if, however, such remainder is not capable of future subdivision, such remainder shall be counted as a lot and all such lots or parcels shall meet the following requirements:
(a)
The lots are not in conflict with the zoning ordinance, master plan or official map.
(b)
All lots front on an existing street as defined in this chapter which is of the width shown on the master plan and which is improved sufficiently to meet all requirements of N.J.S.A. 40:55D-35 so that a building permit could be issued to construct a building on each lot.
(c)
No new streets or roads are involved.
(d)
Curbs, sidewalks and other improvements required in section 12-7 are either in existence or would normally be installed by the township either as a general improvement or by assessment against benefiting property owners.
(e)
The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.
(f)
The creation of the lots will not produce a drainage problem or result in the necessity for drainage improvements or any other type of off-tract improvement.
(g)
The creation of the lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land in terms of:
(h)
Nothwithstanding the foregoing, not more than three lots plus a remainder shall be created by minor subdivision. If complete development of the remaining lot or parcel, as permitted by the zoning ordinance, would require a new road or roads, subsequent subdivision of the remaining lot or parcel shall be accepted only as a major subdivision.
(i)
Nothwithstanding the foregoing, where the subdivision does not comply with the provisions of subparagraph 2a hereof, the reviewing board may consider the subdivision as a minor subdivision if, in its opinion, the conflict with the zoning ordinance, master plan or official map does not require that the subdivision be classified as a major subdivision.
(j)
Any further subdivision of a tract which has previously been granted minor subdivision approval within a two-year period from the submission date of the current application shall be considered a major subdivision if the prior approval and current application result in more than three new lots being created.
n.
MINOR SUBDIVISION PLAT - Shall mean the final map of a minor subdivision, which is presented to the land use board for approval, and which is approved shall be filed with the proper county recording officer.
o.
OFFICIAL MAP - Shall mean a map adopted in accordance with the provisions of c. 40:55D-32 et seq. Such a map shall be deemed to be conclusive with respect to the location and width of the street, public parks and playgrounds, and drainage right-of-way shown thereon.
p.
OFFSITE - Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of the development application or contiguous portion of a street or right-of-way.
q.
OFF-TRACT - Shall mean not located on the property which is the subject of a development application nor on contiguous portions of a street or right-of-way.
r.
OFF-TRACT IMPROVEMENTS - Shall mean water, sewer, drainage and street improvements not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
s.
ONSITE - Shall mean the location on the lot in question.
t.
ON-TRACT shall mean location on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
u.
OWNER - Shall mean any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter and for the purpose of this chapter shall include developer, applicant, agent, engineer or other person authorized to represent the owner as defined herein.
v.
PERFORMANCE GUARANTEE - Shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the planning board or other approving body approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.
w.
PLAT - Shall mean the map of subdivision.
x.
PRELIMINARY APPROVAL - Shall mean the official action taken on a preliminary plat by the planning board, meeting in regular session, which determines whether or not the maps submitted is in proper form and meets the established standards adopted for design, layout and development of the subdivision. Such preliminary approval confers upon a subdivider all rights provided for by virtue of the provisions of C.40:55D-49.
z.
PUBLIC DRAINAGEWAY - Shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, are required along a natural stream or water course for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
aa.
RESUBDIVISION - Shall mean (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
bb.
STREET - Shall mean any avenue, street, 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 and includes the land between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and other areas within the street lines. For the purpose of this chapter streets shall be classified as follows:
1.
Controlled access regional highways are those that are used by heavy through traffic and which permit no access from abutting property.
2.
Arterial streets are those which are used primarily for fast or heavy traffic.
3.
Major streets are those which are used primarily for heavy local and through traffic.
4.
Collector streets are those which carry traffic from minor streets to the major streets, including the principal entrance streets of residential development and streets for circulation within such a development.
5.
Minor streets are those which are used primarily for access to the abutting properties.
6.
Marginal access streets are those which are parallel or adjacent to controlled access highways or major thoroughfares; and which provide access to abutting properties and protection from through traffic.
7.
Alleys are minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
cc.
SUBDIVIDER - Shall mean an applicant for development.
dd.
SUBDIVISION - 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:
1.
Divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where the resulting parcels are five acres or larger in size.
2.
Divisions of property by testamentary or intestate provisions;
3.
Divisions of property upon court order; or
4.
Conveyances so as to combine existing lots by deed or other instrument. Subdivision also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided. The transfer of title to one or more adjoining lots owned by the same person or persons as the same are designated on a map filed in the Sussex County Clerk's Office prior to the establishment of a planning board in the township pursuant to the Municipal Planning Act of 1953 shall be considered a subdivision of land.
ee.
SUBDIVISION COMMITTEE - Shall mean a committee of at least three planning board members appointed by the chairman of the board for the purpose of reviewing applications for subdivisions and site plans in accordance with the provisions of this chapter for the purpose of determining whether the applications are complete.
[Ord. #77-16; Ord. #79-9; Ord. #86-13; Ord. #86-13; Ord. #86-15; Ord. #2002-19; Ord. #2005-18]
a.
If approved as a complete application for a minor subdivision by unanimous action of the subdivision committee, a notation to that effect shall be made on the minor subdivision plat and the subdivision committee shall report its action at the next meeting of the planning board. The acceptance of such a report by the planning board or the approval of the minor subdivision by the planning board, in the event that the action of the subdivision committee was less than unanimous or in the event that planning board approval results without the report of the subdivision committee, shall constitute approval or the application as a minor subdivision. The subdivision committee or the planning board may condition such approval on terms insuring the provisions of improvements pursuant to sections 29, 29.1, 29.2, and 41 of the "Municipal Land Use Law" c.291 L. 1975.
The planning board chairman and planning board secretary shall then affix their signatures on the plat upon receipt of the report of the county planning board review or upon the expiration of the time in which the county may make such a report as hereinafter set forth.
b.
If the proposed division of land is exempt from planning board action because it is not a subdivision, as defined herein, a notation that the subdivision is "exempt" shall be made by the planning board.
c.
Upon the applicant filing an application for minor subdivision with the secretary of the planning board, the applicant shall immediately file a copy of his subdivision application with the county planning board in accordance with its requirements.
The copy of the proposed deed, as hereinbefore referred to, should be filed with the county planning board in connection with the applicant's application, and a notation to that effect shall be made by the secretary of the planning board on the township's application. If, within 30 days after receiving the plot, the county planning board does not respond to the secretary of the Wantage Township planning board, the plat shall be deemed to have been approved by the county planning board. If, within 30 days after receiving the plat, the Sussex County planning board shall make a report to the secretary of the township planning board, any conditions imposed by the county planning board shall be appended to the township's application. Three signed copies of the plat, together with the signed deed, shall be returned to the applicant within one week following the next regular meeting of the planning board. The plat shall also be signed by the township engineer, which shall evidence compliance with all approved design and improvement standards. No further planning board approval shall be required.
Either a deed or plat shall be filed with the county recording officer in accordance with the provisions of subsection 15-1.8a of the land use procedures ordinance of the township.
If a plat is not approved as minor subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures applicable to major subdivision as set forth in this chapter.
a.
Any owner of land wishing to subdivide or resubdivide land within the township, wherein such subdivision meets, or appears to meet, the definition as contained in this chapter for major subdivisions, shall file an application together with copies of the preliminary plat as hereinafter set forth.
b.
Prior to submission of a preliminary plat to the planning board the developer may submit a tentative plat and such information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met. The plat and other information shall be submitted to the secretary of the planning board who shall then forward it to the subdivision committee and the township engineer for review. Any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the subdivision committee finds that the application for development is incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.
The applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provision of the "Land Use Procedures Ordinance of Wantage Township" and C.40:55-D12. If the planning board requires any substantial amendment in the lay-out of improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development including the giving of notice in accordance with the provisions of C.40:55D-12.
The copy of the proposed deed, as hereinbefore referred to, should be filed with the county planning board in connection with the applicant's application, and a notation to that effect shall be made by the secretary of the planning board on the township's application. If, within 30 days after receiving the plot, the county planning board does not respond to the secretary of the Wantage Township planning board, the plat shall be deemed to have been approved by the county planning board. If, within 30 days after receiving the plat, the Sussex County Planning Board shall make a report to the secretary of the township planning board, any conditions imposed by the county planning board shall be appended to the township's application. Three signed copies of the plat, together with the signed deed, shall be returned to the applicant within one week following the next regular meeting of the planning board. The plat shall also be signed by the township engineer, which shall evidence compliance with all approved design and improvement standards. No further planning board approval shall be required.
Either a deed or plat shall be filed with the county recording officer in accordance with the provisions of subsection 15-1.8a of the land use procedures ordinance of the township.
If a plat is not approved as minor subdivision a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures applicable to major subdivision as set forth in this chapter.
a.
Any owner of land wishing to subdivide or resubdivide land within the township, wherein such subdivision meets, or appears to meet, the definition as contained in this chapter for major subdivisions, shall file an application together with copies of the preliminary plat as hereinafter set forth.
b.
Prior to submission of a preliminary plat to the planning board the developer may submit a tentative plat and such information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met. The plat and other information shall be submitted to the secretary of the planning board who shall then forward it to the subdivision committee and the township engineer for review. Any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the subdivision committee finds that the application for development is incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.
At least 12 black-on-white prints of the preliminary plat map, together with three completed application forms for preliminary approval shall be submitted to the township clerk 30 days prior to the planning board meeting at which consideration is desired. At the time of filing, a fee of $250 plus $25 for each lot shown on the preliminary plat, shall be paid to the township clerk or planning board secretary. The township clerk shall immediately notify the secretary of the planning board upon receipt of an application for preliminary approval. The application shall be filed in accordance with the requirements of the "Land Use Procedures Ordinance of Wantage Township." If the applicant is not the record owner of the title to the property being subdivided, he shall file a written consent, signed by the owner, consenting to the making of the application. The secretary of the planning board shall forward one copy thereof to the township clerk.
The developer shall simultaneously file one copy with the county planning board and shall also submit an application to the county planning board in accordance with the Sussex County Land Development Standards Ordinance. The county planning board shall have 30 days to review and respond. In the absence of a response within 30 days, the county planning board shall be deemed to have approved the plat.
The applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provision of the "Land Use Procedures Ordinance of Wantage Township" and C.40:55-D12. If the planning board requires any substantial amendment in the lay-out of improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development including the giving of notice in accordance with the provisions of C.40:55D-12.
Copies of the preliminary plat shall be forwarded by the secretary of the planning board prior to the hearing to the following persons:
a.
Secretary of county planning board.
b.
Township engineer.
c.
Secretary of board of health.
d.
Township planning consultant - if any.
e.
Such other municipal, county or State officials as directed by the planning board.
If the preliminary plat lies within 200 feet of another municipal boundary, a copy of the plat shall be sent by the planning board secretary to the secretary of the planning board of the adjoining community. A written statement shall be requested from the adjoining community indicating whether the proposed subdivision of the township is in reasonable harmony with its plans for development. The secretary of the planning board of the adjoining community should be informed of the date of the public hearing and any communications received prior to this date will be considered in relation to the approval or disapproval of the plat.
After the public hearing, the planning board shall take formal action either approving or disapproving the preliminary plat within the time required by C.40:55D-48, viz. For a subdivision of 10 or fewer lots the planning board shall grant or deny preliminary approval within 45 days of the date of the submission and in the case of a subdivision of more than 10 lots it shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise the planning board shall be deemed to have granted preliminary approval to the subdivision. If the plat is disapproved, the reasons for disapproval shall be given to subdivider.
a.
Approval of any application shall be conditioned on certification by the Sussex County Soil Conservation District of a plan for soil erosion and sediment control pursuant to the provisions of Chapter 251.L.1975.
b.
If the planning board acts favorably on a preliminary plat, the chairman of the planning board shall affix his signature to the plat with a notation that it has received tentative approval and returned to the subdivider for compliance with final approval requirements.
c.
A copy of the action taken by the planning board shall be forwarded to the township clerk.
Preliminary approval shall, except as hereinafter set forth, confer upon the applicant the following rights for a three-year period from the date of such approval:
a.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
b.
That the applicant may submit for final approval on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat. No application for final approval will be accepted unless it is submitted within three years (plus extensions) of the grant of preliminary approval to a major subdivision, except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the board to the governing body or to a court of competent jurisdiction, until a determination in any manner of such appeal or proceeding.
c.
That the applicant may apply for and the planning board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance such revised standards shall govern.
d.
In the case of subdivision for an area of 50 acres or more the planning board may grant the rights referred to in a, b, and c above for such period of time, longer than three years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the planning board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standard shall govern.
a.
Before consideration of a final subdivision plat, the subdivider shall have installed all required improvements as specified in section 12-7 under the supervision and inspection of the township engineer, except that the planning board may accept a performance guarantee approved by the township attorney in an amount equal to 120% of the estimated cost of the improvement of which 10% of the total amount shall be in cash or a certified check for the later installation of the following improvements only:
b.
Inspection by township engineer. All of the improvements required shall be subject to inspection and approval by the township engineer. The subdivider shall notify the engineer, at least 24 hours prior to the commencement of construction of the required improvements. No underground installation shall be covered until inspected and approved by the engineer.
Prior to final approval the planning board shall have received the following:
a.
A letter containing a list of all items to be covered by a performance guarantee (cash or certified check), the quantities of each item, the cost of each of them and the total amount of all items.
b.
A letter from the township engineer stating that the required improvements have been installed to his specifications, and that the performance guarantee is adequate to cover the cost of remaining improvement, in accordance with subsection 12-5.13.
c.
A letter from the applicant's engineer stating that the final plat conforms to the preliminary plat as submitted and approved.
Final approval shall be granted or denied, within the time specified in subsection 15-1.8 of the "Land Use Procedures Ordinance of Wantage Township". Failure of the planning board to act within the period prescribed shall constitute final approval and a certificate of the secretary of the board as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing final subdivision plat.
Whenever review or approval of the application by the county planning board is required the township 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 approval by the county planning board by its failure to report thereon within the required time period.
After final approval, one translucent tracing and one cloth print shall be filed with the township clerk. The original tracing and one cloth print shall be returned to the applicant. Copies of the final plat shall also be filed with the planning board and with the following:
a.
Within 95 days of final approval, the final plat shall be filed by the subdivider with the county recording officer in accordance with the provisions of C.40:55D-54. For good and sufficient reasons, the planning board may extend the time for filing for an additional period not to exceed 190 days from the date of signing of the plat.
b.
No plat shall be offered for filing to the county recording officer unless it has been duly approved by the township planning board and signed by the chairman, secretary and township engineer.
c.
Wherein an application has been acted upon by the planning board as a major subdivision because the subdivision in question cannot meet the definition of "minor subdivision" as herein defined, but otherwise appears to be a minor subdivision; but must be acted upon by the planning board as a major subdivision for this technical definition reason and for no other; the planning board may waive the requirement that the applicant submit maps prepared for filing as required in paragraph b hereof and permit the applicant to make this filing with the county clerk by deed. Should the applicant request that the planning board waive the requirement for the filing of maps then the applicant must file a deed clearly describing the approved subdivision which shall be filed with the county recording officer, in accordance with N.J.S.A. 40:55D-47(d).
If any persons shall be aggrieved by any action of the planning board, appeals shall be filed in accordance with the "Land Use Procedures Ordinance of Wantage Township".
[Ord. #77-16; Ord. #79-9; Ord. #2002-19]
[Ord. #77-16; Ord. #2006-08]
Prior to granting final approval, the subdivider shall have installed the following improvements, except for those set forth in subsection 12-5.13.
a.
Streets, (except the wearing course).
b.
Street signs.
c.
Curb and/or gutters where, in the opinion of the township engineers, topography or good design requires the same.
d.
Monuments to be of the size and shape required by Section 4 of Chapter 358 of the Laws of 1953, and shall be placed in accordance with said statutes.
e.
Subdivider shall construct four-foot concrete sidewalks with a minimum thickness of four inches, where, in the judgment of the planning board, sidewalks are needed for reasons for public safety or general welfare. Sidewalks over driveway areas shall be constructed with a minimum thickness of six inches.
f.
Sanitary sewers and sewage disposal, dry cap sewer lines with appropriate taps, shall be installed where central sewage disposal facilities are available or planned within five years, in accordance with specifications of the State department of health and the plans and specifications are approved by the township engineer, necessary auxiliary facilities shall also be installed by the subdivider where sewer lines are to be connected to an existing central sewer system. Where such a sanitary sewer system is not immediately available to the subdivision, the subdivider shall furnish to the planning board satisfactory proof of sufficient sewage disposal by percolation tests. Such tests to be in accordance with and under the supervision of the township board of health.
g.
A central water supply system shall be provided by the subdivider, and shall meet the minimum requirements of the department of health of the State of New Jersey and of the township board of health and such design shall be approved by the township engineer. Such central water supply system shall be connected to a supply deemed adequate by the township engineer and if connected to a well, to be driven by the subdivider, such well shall meet the minimum standards set forth by the State of New Jersey for acceptance by such well of a municipality within this State. Wherever possible, such central water system shall be connected to existing municipal or private water supplies, the cost of the required extensions of mains and other auxiliary facilities shall be borne by the subdivider, unless the New Jersey Board of Public Utilities shall otherwise order. The quality and adequacy of the water supply shall be subject to the approval of the township board of health and of the department of health of the State of New Jersey. Fire hydrants shall be installed in all subdivision where, in the judgment of the planning board, they are required for reasons of public safety or general welfare. Such hydrants shall be of a type approved by the board of fire rating organization of the State of New Jersey. The installation shall be subject to the approval of the township engineer.
No certification of occupancy shall be issued on any construction commenced as a result of receiving final approval until the township engineer shall certify to the planning board that all required improvements have been completed, and the performance guarantee herein before requested, shall have been posted with the township committee. Upon submission to the planning board that the performance guarantee has been posted with the township committee, and upon receipt of the certification by the township engineer that all required improvements have been completed, the planning board shall so certify to the construction official, that a certificate of occupancy may be issued upon completion of the structure in accordance with the requirements of the uniform construction code.
Pursuant to the provisions of C.40:55D-39 and C.40:55D-42, construction of or contributions for off-tract water, sewer, drainage and street improvements may be required in accordance with the following criteria:
a.
Improvements to be Constructed at the Sole Expense of the Applicant.
In cases where reasonable and necessary need for an off-tract improvement or improvements are necessitated or required by the proposed development application, and where no other property owners receive a special benefit thereby, the planning board may require the applicant, as a condition of subdivision at the applicant's sole expense, to provide for and construct, such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.
b.
Contribution by Developer Toward Required Off-Tract Improvements.
1.
In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where the planning board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the planning board in writing. The resolution or determination of the planning board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to insure the successful and reasonable implementation of same. In its deliberation as to whether off-tract improvements are required by the planning board shall be guided by the rules and regulations specified in the zoning ordinance of the township, this chapter and the township master plan. The planning board may also be guided by counsel from the planning board attorney, engineer, any consultant and other qualified experts and township officials relative to the subject matter.
2.
In the event that the planning board determines that one or more improvements constitute an off-tract improvement the planning board shall notify the township committee of same specifying the board's recommendation relative to the estimated cost of same, the applicant's pro-rated share of the cost, and possible methods or means to implement same including but not limited to performance and maintenance guarantees, cash contributions, development agreements and other forms of surety.
3.
The planning board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed by both the applicant and the township committee of the township and a written resolution to that effect by the township committee has been transmitted to the planning board.
c.
Methods of Implementation.
1.
Performance and maintenance guarantees. Where a performance of maintenance guarantee or other surety is required in connection with an off-tract improvement the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.
2.
Development agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the planning board, the agreement shall be approved as to form, sufficiency and execution by the planning board attorney and township attorney. The agreement shall specify the amount of cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the township.
3.
Cash contributions, when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:
(a)
Where another county or State agency has jurisdiction over the subject improvement and requires a cash contribution, guarantee or other surety of the applicant in lieu of such conditions imposed by the township, or
(b)
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided, or
(c)
Where the applicant, where legally permissible, can undertake the improvements in lieu of the township, subject to standards and other conditions as may be imposed by the township.
4.
Cash contributions, method of payment. Where a cash contribution is required by this chapter the contribution shall be deposited with the treasurer of the township with a copy of the applicant's transmittal letter forwarded to the township committee, the township engineer and planning board. Any and all monies received by the treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds may be retained by the township and may be used for general township purposes, but in such event, neither the applicant nor any of his heirs, executors, administrators, or grantees shall be liable to the township for any assessments for the purpose of installing any of the improvements for which the cash contribution was made.
d.
Pro-rata Formula For Determining Applicant's Share of Off-Tract Improvements.
Where an off-tract improvement is required the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant.
1.
Street widening, alignment, correction, channelization of intersections, constructions of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements; the applicant's proportionate share shall be in the ratio of the estimated peak hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak hour traffic capacity of the present facility, and the estimated peak hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
2.
Water distribution facilities including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith; the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the existing system or subsystem and the estimated daily use of water for the purposed development. The ratio thus calculated shall be increased by 10% for contingencies.
3.
Sanitary sewage distribution facilities including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith; the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow period for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minutes to the sum of the present peak flow deficiency in the existing system or subsystem and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.
4.
Storm water and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation of replacement of other appurtenances associated therewith; the applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system measured in cubic feet per second to the sum of the existing peak flow in cubic feet per second deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies. Applicant's engineer shall compute the drainage basin area and the area of the development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, applicant shall furnish all drainage right-of-ways deemed to be necessary by the planning board.
5.
General considerations. In calculating the proportionate or pro-rata amount of the cost of any required off-tract facilities which shall be borne by the applicant the planning board shall also determine the pro-rata amount of cost to be borne by other owners of lands which will be benefited by the proposed improvements.
[Ord. #59-3; Ord. #77-15; Ord. #79-9; Ord. #2003-7; Ord. #2008-7]
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
The subdivision plat shall conform to design standards that will encourage good development patterns within the township. Where either or both an official map or master plan has or have been adopted, the subdivider 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 Section 20 of Chapter 433 of the Laws of 1953 and shall be such as to lend themselves to the harmonious development of the township and enhance the public welfare in accordance with the following design standards.
a.
The arrangement of streets not shown on the master plan or official map shall be such as to provide for appropriate extensions of existing streets.
b.
Minor and marginal streets shall be designed to discourage through traffic.
d.
Pavement specifications. Streets shall be constructed in accordance with the requirements as set forth in Appendix "A" entitled, "Minimum Street Design Standards" on file in the office of the township clerk bearing revision date of July, 1977.
e.
No subdivision showing 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 governing body under conditions approved by the planning board.
f.
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the master plan or official map or the street width requirements of the chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, one-half of the required extra width shall be dedicated.
g.
Grades of arterial and collector streets shall not exceed 12%. Grades on the other streets shall not exceed 14%. No street shall have a minimum grade of less than 1/2 of 1%.
h.
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded with a curve having a radius of not less than 20 feet.
i.
Street jogs with center line off-sets of less than 75 feet shall be prohibited.
j.
A tangent at least 50 feet long shall be introduced between reverse curves on arterial and collector streets.
k.
When connecting street lines deflect from each other at any point they shall be connected by a horizontal curve with a centerline radius of not less than 150 feet for marginal access and minor streets, 500 feet for collector streets and 1,000 feet for arterial streets.
l.
Any horizontal curves or change in direction other than any intersection shall have a minimum radius of 150 feet.
m.
All changes in grade shall be connected by various curves of sufficient radius to provide smooth transition and proper sight distance.
n.
All cul-de-sacs shall have a turn around circle having a radius of not less than 50 feet.
If a deadend street is of a temporary nature, a similar turn around shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
o.
No street shall have a name which will duplicate or so nearly duplicate as is to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
a.
Length of blocks or the distance between street intersections shall not be less than 600 feet nor more than 1,000 feet in length and the width of the blocks shall be equal to the depth of the lots contained therein provided the lots meet the minimum requirements of this chapter, except when the planning board may deem special plan provisions warrant a variation from requirements.
b.
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
a.
Maximum tract density and allowable minimum lot size. In order to promote the environmental soundness in layout and design of subdivisions, the density adjustment factors shall be applied, in order to determine the maximum overall tract density and actual minimum lot size, and shall apply to the subdivision of all lands in accordance with the following criteria.
1.
The lot size set forth in each zone district is the minimum lot size permitted, and such lot size shall be increased, and the maximum tract density shall be determined, by applying the following density adjustment factors to the tract of land sought to be subdivided and to each individual lot sought to be created:
Density Adjustment Factors | |
|---|---|
Constraint | Density Factor Per Acre |
Slopes - 25% of more | 0.20 |
Slopes 15% - 24% deep soils | 0.33 |
Seasonal high water table at surface | 0.33 |
Seasonal high water table 1-3 feet | 0.5 |
Shallow depth to bedrock 0-3.5 feet | 0.33 |
Depth to bedrock 3.5 feet or more | 1.00 |
Flood plain and wetlands and wetland buffers | 0 |
2.
In calculating the maximum tract density, using the appropriate density factor, as determined from the constraints which appear on the plats submitted in accordance with the requirements of section 12-5 or 12-6, depending on whether the application is a minor or major subdivision, the subdivider, in designing the proposed land subdivision shall determine the maximum allowable density on said tract. Because the most limiting constraint will result in a maximum lot size of five acres, these calculations are not required in any zone where the minimum lot size is five acres or more, or where the lots proposed to be created are five acres or more. After calculating the number of acres subject to each constraint which imposes maximum tract density and minimum lot size, as listed above, the number of acres is multiplied by that density factor to determine the maximum number of permissible lots subject to such constraint. After calculating the total number of lots for each category, the total of these categories will yield the maximum number of permissible lots on a particular tract; and, therefore, the maximum density. (An example of this calculation can be seen in the Master Plan on pages 70-72.)
3.
After determining maximum densities, in accordance with subparagraph 2, each lot sought to be created shall be required to have a minimum area as is determined by the constraints applicable to each lot sought to be created. In determining minimum allowable lot size, each of the constraints to which lots shall be subject shall be determined in the same manner, utilizing the same plat information, as set forth above. The lot size of any individual lot shall be increased over and above the minimum lot size set forth for the zone district in which the lot is located, pursuant to its use, by applying the density factor in accordance with the area (in acres) of the lot subject to the constraints set forth.
 |
Example: Assuming a three acre tract which is subject to the following constraints, one acre has slopes of 25% or more and two acres have shallow depth to bedrock. Applying the above formula, the calculations would be as follows: |
 |
The total of the above calculations is, therefore, 86. Since the resultant figure, as set forth in the formula, must be equal to or greater than 1.0, the example 3 acre lot is of insufficient size with the constraints to which it is subject. This lot would have to be enlarged so that the resultant calculations, with the appropriate constraints applied thereto, would result in 1.0 or greater. |
4.
In calculating minimum lot size and maximum tract density for lots wherein the zone requirement is 40,000 square feet, the calculations, as set forth above, are to be followed except that when the total of the calculations is 0.918 or larger (rather than 1.0), the lot is of sufficient size. Should the resultant figure, after performing the calculations illustrated above, be less than 0.918, the lot is of insufficient size with the constraints to which it is subject. This lot would have to be enlarged so that the resultant calculations, with the appropriate constraints applied thereto, would result in 0.918 or greater.
5.
In calculating minimum lot size and maximum tract density for lots wherein the zone requirement is 20,000 square feet, the calculations, as set forth above, are to be followed except that when the total of the calculations is 0.459 or larger (rather than 1.0), the lot is of sufficient size. Should the resultant figure, after performing the calculations illustrated above, be less than 0.459, the lot is of insufficient size with the constraints to which it is subject. This lot would have to be enlarged so that the resultant calculations, with the appropriate constraints applied thereto, would result in 0.459 or greater.
6.
In calculating minimum lot size and maximum tract density for residential lots in a cluster development, pursuant to section 13-5.3 of the zoning ordinance, where the minimum lot size is 22,500 square feet (13-5.3a.1), the calculations, as set forth above, are to be followed except that the only constraints to be applied to such lots are those constraints related to slopes. When the total of the calculations is 0.517 or larger (rather than 1.0), the lot is of sufficient size. Should the resultant figure, after performing the calculations as herein limited, be less than 0.517, the lot is of insufficient size with the constraints to which it is subject. This lot would have to be enlarged so that the resultant calculations, with the appropriate constraints applied thereto, would result in 0.517 or greater.
7.
In calculating minimum lot size and maximum tract density for residential lots in the R-2 district, instead of density adjustment factors set forth in subparagraph 1 above, if the subject tract, and each individual lot proposed, are subject to a slope of 25% or greater over less than 20% of the lot, said lot size may be reduced to 7,500 square feet.
8.
Except for proposed subdivision plats that may be filed with the planning board for informal discussion, plats submitted for action by the planning board, whether as major or minor subdivisions, shall comply with the minimum allowable lot size and maximum densities calculated in accordance with the requirements of this subsection. In the event that plats are filed for action that do not comply with the provisions of this subsection, and no request accompanies such filing, seeking, for good cause shown, that the planning board vary the application of this subsection, the application shall be deemed to be incomplete.
b.
Insofar as is practical side lot lines shall be at right angles to straight streets, and radial to curved streets.
d.
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
e.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the planning board may, after adequate investigation withhold approval of such lots.
a.
In large scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or township departments concerned.
b.
Where a subdivision is traversed by a watercourse, drainage way channel or street, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both as will be adequate for the purpose.
c.
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
[Ord. #77-16]
If, before favorable referral and final approval has been obtained, any person transfers or sells, or agrees to sell, as owner or agent, any land which forms part of a subdivision on which by ordinance the planning board is required to act, such person shall be subject to a fine not to exceed $1,000 and each parcel, plot or lot so disposed of shall be deemed a separate violation in accordance with the provisions of C.40:55D-55.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any.
Any such action must 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.
[Ord. #59-3; Ord. #72-1]
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the township. Any action taken by the planning board under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardships, the planning board may permit such variance as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
The planning board may, in order to implement the rules, regulations and standards, herein set forth, establish rules and regulations to implement and assist a planning board and the subdivider to carry out the general purposes and intents of the rules, regulations and standards established by this chapter.
[Ord. #77-16]
This chapter shall be construed in para material with the Land Use Procedures Ordinance of Wantage Township which it complements, and shall be liberally construed to effectuate the purposes thereof.