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]
This chapter shall be known and may be cited as "The Land Subdivision
Ordinance 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.
The secretary of the planning board shall forward one copy to
each of the following:
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.
The secretary of the planning board shall forward one copy to
each of the following:
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 addition to the foregoing, the township may institute and
maintain a civil action:
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.
