Borough of Sussex, NJ
Sussex County
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Table of Contents
Table of Contents
[Ord. 12/6/71, A1]
This chapter shall be known and may be cited as The Land Subdivision Ordinance of the Borough of Sussex.
[Ord. 12/6/71, A2]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the borough in order to promote the public health, safety, convenience and general welfare of the borough. It shall be administered to insure the orderly growth and development, the observation, protection and proper use of land and adequate provision for circulation, utilities and service.
[Ord. 12/6/71, A3; Ord. 4/4/77, S1]
The provisions of this chapter shall be administered by the borough 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. 12/6/71, A4; Ord. 4/4/77, S2; Ord. 6/16/80, S1; Ord. 3/25/86]
As used in this chapter the following words shall have the meanings hereinafter set forth.
APPLICANT
Shall mean the developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat.
COMPLETE APPLICATION
Shall mean an application form and accompanying maps and documents as required in subsections 18-5.1, 18-5.2, and 18-5.7 hereunder. Additional information or revisions may be required by the planning board, but the application shall not thereby be deemed incomplete. An application shall be deemed complete as of the day it is so certified by the reviewing agency.
[Amended 2-4-2020 by Ord. No. 2020-01]
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
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.
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.
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.
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.
GENERAL TERMS AND CONDITIONS
The general terms and conditions are those as outlined under preliminary plat details, section 18-6 and the design standards as outlined under section 18-11.
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 sale, lease, or separate use.
MAJOR SUBDIVISION
Shall mean all subdivisions not classified as minor subdivisions.
MASTER PLAN
Shall mean a composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the planning board.
MINOR SUBDIVISION
Shall mean the division of a tract of land meeting one or more of the following conditions.
a. 
The division of a parcel of land for the purpose of enlarging an adjoining parcel wherein the remaining parcel is not in conflict with the zoning ordinance nor is its future use or development adversely affected.
b. 
The division of a tract of land into not more than two lots plus the remainder of the tract being subdivided wherein all such lots or parcels meet all of the following requirements:
1. 
Said lots are not in conflict with the zoning ordinance, master plan or official map.
2. 
All lots front on an existing street as defined in this ordinance which is of the width shown on the master plan and which is improved sufficiently to meet all requirements of C. 40:55D-35 so that a building permit could be issued to construct a building on each lot.
3. 
No new streets or roads are involved.
4. 
Curbs, sidewalks and other improvements required in section 18-10 are either in existence or that the lots are located in a developed area where such improvements would normally be installed by the borough either as a general improvement or by assessment against benefiting property owners.
5. 
The resulting lots are suitable for their intended purpose without the necessity of making unusual changes in grades of the lots.
6. 
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.
7. 
The creation of the lots will not adversely affect the uniform and comprehensive development of any remaining parcel or adjoining land in terms of:
(a) 
Suitable future road access and desirable future road and lot patterns;
(b) 
Future water and sanitary sewer utility installations and storm drainage improvements.
8. 
Notwithstanding the foregoing, not more than two lots and a remainder shall be created by minor subdivision if complete development of the remaining lot or parcel, as permitted by 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.
MINOR SUBDIVISION PLAT
Shall mean the final map of a minor subdivision which is presented to the planning board for approval and which if approved shall be filed with the proper county recording officer.
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.
OFF-SITE
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.
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.
OFF-TRACT IMPROVEMENTS
Shall mean water, sewer, drainage and street improvements not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Shall mean location on the lot in question.
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.
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.
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.
PLAT
Shall mean the map of a subdivision.
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 are 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.
PRELIMINARY PLAT
Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the secretary of the planning board for planning board consideration and tentative approval and meeting requirements of section 18-6 of this chapter.
PUBLIC DRAINAGEWAY
Shall mean the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
RE-SUBDIVISION
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 lots by deed or other instrument.
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:
a. 
Arterial streets are those which are used primarily for fast or heavy traffic.
b. 
Major streets are those which are used primarily for heavy local and through traffic.
c. 
Collector streets are those which carry traffic from minor streets to the major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
d. 
Minor streets are those which are used primarily for access to the abutting properties.
SUBDIVIDER
Shall mean an applicant for development.
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.
However, not considered subdivisions within the meaning of this chapter are conveyances of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and which are shown in designated and separate lots, tracts or parcels on the tax map or atlas of the municipality.
a. 
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;
b. 
Divisions of property by testamentary or intestate provisions;
c. 
Divisions of property upon court order, or
d. 
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 borough pursuant to the Municipal Planning Act of 1953 shall be considered a subdivision of land.
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. 12/6/71, A5; Ord. 4/4/77, S4; Ord. 84-4]
a. 
Any owner of land within the borough may, prior to subdividing or re-subdividing land where such subdivision is desired to qualify as a minor subdivision, submit an application for minor subdivision approval to the secretary of the planning board in accordance with the Land Use Procedures Ordinance of the Borough of Sussex, accompanied by fees and deposits in appropriate amounts as specified in this chapter.
1. 
Legible prints of the minor subdivision plat and of the application form shall be submitted to the secretary of the Sussex Borough Planning Board. Eight copies of the plats and applications, along with the appropriate filing fee set forth in this section, shall be submitted in accordance with the approved list of submission dates. All plans so submitted must, according to their content, be prepared and sealed only by a land surveyor licensed by the State of New Jersey. The following are the minimum plat details required for review by the Sussex Borough Planning Board:
(a) 
A key map showing the entire subdivision and its relation to surrounding areas at a scale of one inch equals not more than 2,000 feet.
(b) 
The plat shall be at a scale of one inch equals not more than 200 feet to enable the entire tract to be shown on one sheet.
(c) 
Location of that portion which is to be subdivided in relation to the entire tract.
(d) 
The approximate locations of all existing structures within the portion to be subdivided in relation to the entire tract and within 200 feet thereof.
(e) 
The name and address of the owner of the tract being subdivided, and all adjoining property owners as disclosed by the most recent municipal tax records.
(f) 
Tax map sheet, block and lot numbers.
(g) 
All existing roads abutting the proposed subdivision, with the right-of-way widths and pavement widths indicated.
(h) 
All proposed lot lines and the existing lot lines to be eliminated.
(i) 
The location and size of all drainage ditches, streams and brooks, and the direction of flow of such streams or brooks in the area to be subdivided or within 200 feet of the tract being subdivided.
(j) 
The location and width of all existing and proposed driveways in the area to be subdivided.
(k) 
The location and width of all existing utility easements in the area to be subdivided, adjacent to or within 200 feet thereof.
(l) 
All municipal and county boundaries within 500 feet of the proposed subdivision.
(m) 
The location of all flood hazard areas as they are delineated on the most current "Flood Hazard Boundary Map", as issued by the Federal Emergency Management Agency, as well as all swamps, intermittent wet lands and standing water bodies.
(n) 
A statement as to whether or not there are areas within the proposed subdivision where the slope exceeds 15 percent.
(o) 
Certification from the municipal tax collector that all taxes and assessments on the property have been paid to date.
(p) 
Inclusion of zone district boundaries, if any, on or adjacent to the property to be subdivided, and the identification of those zones.
(q) 
Soil erosion and sediment control plan for a minor subdivision if required in accordance with P.L. 1975, Chapter 251. Said plan shall be submitted to the Soil Conservation District of Sussex County in accordance with said statute and approval of the application by the municipal planning board shall be conditioned upon certification of the soil erosion and sediment control plan by the district.
(r) 
Scale of the plat, date of the latest revision, and a north arrow.
(s) 
Acreage of the entire tract and the area being subdivided.
(t) 
The number of new lots created.
(u) 
The name and address of the subdivider, if different from the owner of the tract being subdivided.
(v) 
The name and address of the land surveyor preparing the plat. The licensed land survey shall also sign and place his/her raised seal on each of the copies of the plat submitted to the municipal planning board.
b. 
If approved as a complete application for a minor subdivision by unanimous action of the subdivision committee, a notation to that effect will be made on the minor subdivision map and the subdivision committee shall report its action at the next meeting of the planning board. The final minor subdivision plat will be forwarded by the subdivider to the Sussex County Planning Board for its consideration. If within 30 days after receiving said plat, the Sussex County Planning Board does not respond to the secretary of the borough planning board, said plat shall be deemed to have been approved by said county planning board. Ten copies of a final minor subdivision plat will then be forwarded by the applicant to the chairman and the secretary of the planning board for their signatures, and three signed copies 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 borough engineer which shall evidence compliance with all approved design and improvement standards. No further planning board approval shall be required.
c. 
The secretary of the planning board shall forward one copy to each of the following:
1. 
Municipal clerk
2. 
Municipal engineer
3. 
Building inspector or zoning officer
4. 
Tax assessor
5. 
Secretary of the planning board
6. 
County planning board
7. 
Secretary of the board of health
8. 
Municipal planning consultant.
d. 
Either a deed or plat shall be filed with the county recording officer in accordance with the provisions of subsection 20-1.8a of the Land Use Procedures Ordinance of the Borough of Sussex.
e. 
If a plat is not approved as a 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 for major subdivision as set forth in this chapter.
[Ord. 12/6/71, A5; Ord. 4/4/77, S4; Ord. 6/16/80, S3.4]
a. 
Preliminary plats and the supporting documents for a proposed major subdivision constitute the material to be officially submitted to the planning board. They show the general design of the subdivision and its public improvements so that the planning board can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including design and detailing of the public improvements and utilities, is completed.
b. 
Any owner of land who desires major subdivision approval shall submit his application and maps and other required information in accordance with the requirements of this chapter and the Land Use Procedures Ordinance of the municipality, together with the required fees. Said applications and plats shall be forwarded to the subdivision committee and the borough engineer for review. If the subdivision committee finds that the application for development is incomplete the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted. If the applicant is not the record owner of the title to the property being subdivided, he shall file a written consent signed by the owner consenting to the making of the application. The secretary of the planning board shall forward one copy thereof to the municipal clerk. The developer shall file three copies with the county planning board. The county planning board shall have thirty days to review and respond. In the absence of a response within thirty days, the county planning board shall be deemed to have approved the plat. At the request of the developer, the planning board shall grant an informal review of a subdivision plan for development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the planning board shall not be bound by any such review.
c. 
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 the Borough of Sussex and C. 40:55D-12. If the planning board requires any substantial amendment in the lay-out of improvements proposed by the developer that have already been the subject of 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.
d. 
Copies of the preliminary plat shall be forwarded by the secretary of the planning board prior to the hearing to the following persons:
1. 
Secretary of county planning board
2. 
Municipal engineer
3. 
Secretary of board of health
4. 
Municipal planning consultant
5. 
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 Borough of Sussex 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.
e. 
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 as amended, viz., for a subdivision of ten or fewer lots the planning board shall grant or deny preliminary approval within 45 days of the date on which the submission is certified as complete. In the case of a subdivision of more than ten lots it shall grant or deny a preliminary approval within 95 days of the date of such certification within such further time as may be consented to by the developer. Otherwise the planning board shall be deemed to have granted preliminary approval to the subdivision.
If the plat is disapproved, the reasons for disapproval shall be given to the subdivider.
f. 
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 Ch. 251, L. 1975.
g. 
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.
h. 
A copy of the action taken by the planning board shall be forwarded to the municipal clerk.
i. 
Preliminary approval shall except as hereinafter set forth confer upon the applicant the following rights for a three year period from the date of such approval:
1. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety,
2. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat; and
3. 
That the applicant may apply for and the planning board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance such revised standards shall govern.
4. 
In the case of a subdivision for an area of 50 acres or more, the planning board may grant the rights referred to in 1, 2, and 3 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 standards shall govern.
[Ord. 12/6/71, A5; Ord. 6/16/80, S5]
Before consideration of a final subdivision plat, the subdivider shall have installed all required improvements as specified in section 18-10 under the supervision and inspection of the borough engineer, or shall post a performance guarantee approved by the borough attorney in an amount equal to 120 percent of the cost estimated by the borough engineer of the improvement, of which ten percent of the total amount may be required to be in cash or a certified check.
The amount of the performance guarantee may be reduced or released in accordance with the provisions of C. 40:55D-53 as amended.
The subdivider shall reimburse the municipality for all reasonable inspection fees paid to the borough engineer for the foregoing inspection of improvements. A deposit shall be required for all or a portion of the reasonably anticipated fees to be paid to the borough engineer for such inspection.
[Ord. 12/6/71, A5; Ord. 4/4/77, S4; Ord. 3/25/86]
There shall be submitted with each minor subdivision, preliminary major subdivision, and final major subdivision application, in order to defray the cost of review of said subdivision, an application fee and a deposit review fee, as set forth in subsection 20-3.4, "Schedule of Fees".
Ordinance No. 4/4/77, S3.
[Ord. 12/6/71, A7; Ord. 4/4/77, S5; Ord. 6/16/80, S6]
a. 
The final plat shall be submitted to the secretary of the planning board for final approval within the time specified in subsection 18-5.2j of this chapter and in accordance with the provisions of the Land Use Procedures Ordinance of the Borough of Sussex.
b. 
The original tracing, one translucent tracing, two cloth prints, fourteen black or blue on white prints and fourteen copies of the completed application shall be submitted to the secretary.
c. 
The application shall be accompanied by fees and deposits in appropriate amounts as specified in this chapter.
d. 
Distribution of Copies. Copies of the final plat shall be forwarded by the secretary of the planning board to the following:
1. 
Subdivision committee
2. 
County planning board
3. 
Borough engineer
4. 
Such other officials or agencies as directed by the planning board.
e. 
Letters required prior to the final approval. Prior to final approval the planning board shall have received the following:
1. 
A letter containing a list of all items to be covered by a performance guarantee (cash or certified check), the quantities of each item, the cost of each of them and the total amount of all items.
2. 
A letter from the borough engineer stating that required improvements have been installed to his satisfaction and accordance with applicable borough specifications, and that the performance guarantee is adequate to cover the cost of the remaining improvements; or that where improvements have not yet been installed, that the performance guarantee is adequate to cover the cost of all improvements.
3. 
A letter from the applicant's engineer stating that the final plat conforms to the preliminary plat as submitted and approved.
4. 
Letter from tax collector stating that the property taxes on the property in question have been duly
f. 
Time Limitation. Final approval shall be granted or denied within the time specified in subsection 20-1.8 of the Land Use Procedures Ordinance of the Borough of Sussex.
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 municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.
g. 
Distribution of Copies. After final approval one translucent tracing and one cloth print shall be filed with the municipal 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:
1. 
Municipal clerk
2. 
Municipal engineer
3. 
The board of education of the local district
4. 
Building inspector
5. 
Tax assessor
6. 
County planning board
7. 
Official issuing certificates for approved lots.
h. 
Filing. Within ninety-five 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.
i. 
No plat shall be offered for filing to the county recording officer unless it has been duly approved by the borough planning board and signed by the chairman, secretary and borough engineer.
[Ord. 12/6/71, A8; Ord. 4/4/77, S6]
An appeal from any final decision of the planning board may be taken to the governing body in accordance with the provisions of subsection 20-4.2 of the Land Use Procedures Ordinance of the Borough of Sussex.
[Ord. 12/6/71, A8]
The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the borough. 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 hardship, 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.
(Ord. 12/6/71, A9)
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. It shall be designed and drawn by a land surveyor, professional engineer or professional planner duly licensed by the state. The preliminary plat shall be designed in compliance with the provisions of section 18-11 and shall show or be accompanied by the following:
a. 
A key showing the entire subdivision and its relation to surrounding areas.
b. 
The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the names and addresses of the record owner, of the subdivider and of the person who prepared the same.
c. 
The acreage of tract to be subdivided, to nearest tenth of an acre.
d. 
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross sections and center line profiles for all proposed new streets.
e. 
The location of existing and proposed property lines, streets, buildings, water courses, railroads, bridges, culverts, drain pipes and any natural features such as wooded areas and rock formations.
f. 
Grading plan showing existing and proposed contours where grading, fill or soil removal is to be done other than for building foundations; and plan for retaining walls and related improvements.
g. 
Location and size of all utility and other easements.
h. 
Plans of proposed utility layouts (sewers, storm drains, water, fire hydrants, gas and electricity) showing feasible connections to existing or any proposed utility systems. When an individual water supply or sewage disposal system is proposed the plan for such system shall be approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat.
i. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided.
[Ord. 12/6/71, A9]
The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 100 feet and in compliance with all provisions of R. S. 46: 23-9.9, et seq. The final plat shall show or be accompanied by the following information.
a. 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
b. 
Tract boundary lines, right of way lines of streets, street names, easements and other rights of way, land to be reserved or dedicated to public use, all lot lines and other site lines, all with accurate dimensions, bearing or deflection angles and radii, arcs and central angles of all curves.
c. 
The purpose of any easement or land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted.
d. 
Each block shall be numbered and the lots within each block shall be numbered consecutively beginning with the number "1".
e. 
Minimum building setback lines on all lots and other sites.
f. 
Location and description of all monuments.
g. 
Names of owners of adjoining unsubdivided lots.
h. 
Certification by engineer or surveyor as to accuracy of details of plat.
i. 
Certification that the applicant is agent or owner of the land, or that the owner had given consent under an option agreement.
j. 
When approval of a plat is required by an officer or body of the borough, county or state, approval shall be certified on the plat.
k. 
Cross sections and profiles of streets, approved by the borough engineer may be required to accompany the final plat.
l. 
Contours at five foot intervals for slopes averaging ten percent or greater and at two foot intervals for land of lesser slopes.
m. 
Plans and profiles of storm and sanitary sewers and water mains.
n. 
Certificate from the tax collector that all taxes are paid to date.
[Ord. 12/6/71, A9; Ord. 4/4/77, S7; Ord. 6/16/80, S7; Ord. 3/25/86]
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guarantees for the ultimate installation of the following improvements:
a. 
Streets. All streets and roads shall be constructed in accordance with the following standards and specifications:
1. 
All streets and roads shall have the following paved widths and right-of-way widths:
Right of Way
Width, Feet
Pavement
Width, Feet
Arterial Streets
According to county or state master plans
Collector Streets
60
36
Minor Streets, through traffic
50
30
Minor Streets:
Cul-de-sac
Not over 12 houses
50
Subject to planning board determination
2. 
All streets shall be graded for the full width of the right-of-way.
3. 
Grading and filling procedures.
(a) 
Subgrade. All topsoil shall be stripped from the proposed subgrade. The subgrade, when completed shall be true to the lines and grades given on the plan. After the subgrade has been shaped correctly, it shall be brought to a firm, unyielding surface by rolling the entire area with a power roller weighing not less than ten tons, or other approved methods. All soft and spongy places shall be excavated and refilled solidly with broken stone, broken slag, gravel, suitable earth or sand. All loose rock or boulders shall be removed or broken off six inches below the subgrade surface - All stumps shall be removed in their entirety. This shall be done before completing the rolling of the entire surface of the subgrade. Subsurface drainage shall be provided where necessary.
(b) 
Fills. Embankments shall be formed of suitable materials placed in successive layers, not more than six inches in depth, for the full width of the cross section, and shall be compacted by distributing the necessary hauling uniformly over each succeeding layer or by rolling with a ten ton three wheel power roller, or other approved methods. Stumps, trees, rubbish or any other unsuitable materials or substance shall not be placed in the fill.
4. 
Pavements. The pavements shall be constructed to the following finished cross section:
(a) 
The pavement will have a parabolic surface and will be constructed for the entire width between the curbs and shall have a uniform two percent cross slope or as otherwise approved by the borough engineer.
(b) 
Bituminous stabilized base course. The materials and methods of construction for the base course shall be as described in Articles 3.2A.1 through 3.2A.4 of New Jersey Department of Transportation Standard Specifications of 1961 and their current supplementals.
(1) 
Soil aggregates shall be natural or prepared mixtures consisting predominantly of hard, durable particles of stone, sand and stone dust so combined that they will produce mixtures conforming to the gradation requirements specified herein.
Sieve Size
Percent by Dry Weight Passing Sieve
1-1/2
100
3/4
55-90
No. 4
25-60
No. 10
20-50
No. 40
15-30
No. 200
5-20
(2) 
Where specified, the contractor shall furnish and lay a bituminous stabilized base course in the following manner:
i. 
The material shall leave the plant at a temperature sufficient for workability under prevailing conditions. However, the temperature of the mixture when laid down shall not be less than two hundred fifty degrees Fahrenheit (250 degrees F.). The material should be laid in one compacted five inch lift using a paving machine.
ii. 
The base course shall be compacted in the following manner: Initial rolling will be done with a three wheel ten ton or three wheel tandem twenty ton roller operating immediately in back of the spreader. The second, third and final rolling will be performed with a two or three wheel tandem roller until the mixture is thoroughly compacted to the satisfaction of the borough engineer. Immediately upon completion of the base course, "donuts" of the same material as the base course shall be placed around manholes, catch basin, waterline valve boxes and all other necessary protrusions.
iii. 
Traffic may be carried, if necessary, on the base course for the minimum time necessary to maintain traffic control. The contractor shall be responsible for the maintenance of the base at all times while it is exposed to traffic.
iv. 
Immediately prior to construction of subsequent pavement surface thereon, the base course shall be cleaned of all loose and foreign materials and all damaged areas shall be repaired to the satisfaction of the borough engineer and the tack coat applied.
v. 
The standard street construction for all developments shall be a minimum of six inches compacted thickness, four inches of stabilized base course and two inches of surface course.
(3) 
A tack coat shall be applied to the bituminous stabilized base course if, in the opinion of the engineer, such layer becomes coated with dust, dirt or other foreign material sufficiently to prevent a good bond between the completed base course and the surface base course.
(c) 
Bituminous Concrete Surface Course (FABC). The materials and methods of construction for the surface course shall be as described in the New Jersey Department of Transportation Standard Specifications of 1961 and their current supplementals. The surface of the base course shall be clean, free from frost, foreign material and leaves and dry when paving operations are to start and shall be maintained in that condition. Bituminous concrete mix, Mix No. 5, or an approved equal shall conform to the requirement of New Jersey Department of Transportation Standard Specifications of 1961, including the materials, mixing, transportation and all other phases of construction, including Addenda "A". The bituminous concrete mix shall have a uniform minimum depth of two inches unless a change in thickness is approved and authorized by the borough engineer. Four inch diameter core borings; shall be taken by a certified testing laboratory and examined, tested, etc., by this laboratory and its report shall be sent directly to the Borough of Sussex. The borings shall be taken one every 1,000 square yards of finished paving with a minimum of three. Location of the borings shall be designated by the borough engineer. The laboratory shall perform the following tests as a minimum:
(1) 
Specific gravity.
(2) 
Materials.
(3) 
Thickness.
(4) 
Density.
5. 
Bituminous Concrete Top Course, Road Surface Course or Wearing Course:
(a) 
All bituminous concrete top course, road surface course or wearing course shall be constructed upon bituminous base course as heretofore specified.
(b) 
Bituminous concrete top course, road surface course or wearing course shall be bituminous concrete having a minimum thickness of two inches after ultimate compression and shall weigh no less than 220 pounds per square yard per two inch depth.
(c) 
The type of bituminous concrete will be FABC-1 or as otherwise approved by the borough engineer. The pavement mix shall be subject to the review and approval of the borough engineer prior to its installation, construction of laying.
b. 
Street Name Signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the borough and shall be placed in accordance with the standards of the borough.
c. 
Curbs.
1. 
Curbs shall be installed on all roads or streets; the distance between inside curb faces shall be a minimum of 30 feet, or as otherwise approved by the borough engineer. The road shall be paved from curb to curb. The top of the finished curb shall normally be, six inches above the top of the finished pavement at the curbline (based on 30 foot pavement and a two percent cross slope). All curbs will be constructed parallel to the property line unless otherwise approved by the proper authorities.
(a) 
Curbs will be constructed of Class B concrete (portland cement or equal) with the following proportions: One part cement, two parts sand and three parts coarse aggregate; said materials will be subject to the approval of the Borough of Sussex or its representative. The curb will have a minimum compressive strength of 3,000 pounds with an air content of six percent plus or minus one percent within 28 days after initial installation.
(b) 
All concrete shall be protected from dehydration by use of mats of suitable material. These mats shall be kept wet during the curing period.
(c) 
Forms may be made of wood or metal, constructed true to line and grades established and approved by the borough engineer and to exact dimensions of the structure. They shall be strong, rigid and mortar-tight and properly braced and tied. They shall be constructed so that they can be removed without causing damage to the concrete. All forms shall be clean and coated with a suitable oil.
(d) 
The concrete shall be tamped or vibrated so that the forms are completely filled, the concrete thoroughly compacted and mortar flushed to the face and top. Before initial set and as soon as the forms can be removed, the face shall be finished with a wood float to an even, smooth and dense surface. The application of a mortar finishing coat is prohibited. Expansion joints shall be provided at intervals of ten feet and filled with one-half inch of cellular material to within one-fourth inch of the face and top. The curb shall also contain as a minimum one and three-fourths inch diameter reinforcement bar set approximately three inches into the top half of the curb cross section. This bar shall be continuous up to but not through any construction/expansion joint.
(e) 
The finished curb shall be true to the required lines and grades and curvatures and shall be neat and workmanlike in appearance. Transit-mix concrete will be permitted - No concrete shall be placed for sidewalks, driveways or curbs until the subgrade and forms have been approved by the borough engineer. The contractor or subdivider shall notify the borough engineer when the project is ready for inspection.
(f) 
Dimensions for concrete curbs. Said curb will be of concrete having the following dimensions: eight inches across the top, nine inches at the bottom, having a height of 18 inches with a vertical back The top face of the curb will be rounded with a one-half inch radius.
(g) 
Drop curbs. Concrete drop curbs will be placed at driveways and other intervals as requested by the property owners. The said top of the drop curb shall have a three-quarter inch to one and one-half inch reveal at all driveway entrances and a maximum of a one-quarter inch reveal at any handicap ramp. Drop curbs shall be provided at locations directed by the borough engineer at street intersections for use as handicap ramps.
2. 
Granite block curbs, when used or intended to be used must meet the approval of the Borough of Sussex as to size, type and cross section.
d. 
Sidewalks.
1. 
Sidewalks will be constructed of concrete (portland cement or equal) .
2. 
Concrete sidewalks (Portland cement or equal) will be four feet wide and four inches thick, having a minimum compressive strength of 3,000 pounds per square inch; Class B sidewalks shall be constructed on a minimum thickness of four inches compacted granular sub-base and, will have an expansion joint placed at intervals of every 20 feet for the full width and depth of the sidewalk. The expansion joint will be filled with an approved filler to one-quarter inch below finished grade of the sidewalk. The expansion joints will be constructed at right angles to the edge of the sidewalk.
3. 
All sidewalks will have a minimum width of four feet and will be installed within the right-of-way line on each side of all streets. The back of the sidewalks will normally be six inches from and parallel to the property line for the full length of the street, or at a location approvable to the borough engineer.
4. 
Driveway aprons. Driveway aprons shall be minimum thickness of six inch reinforced concrete and shall be of similar construction as concrete sidewalks except thickness shall be six inches minimum and the concrete shall be reinforced with six inch by six inch 10/10 welded wire fabric.
5. 
Temporary bituminous sidewalks. Bituminous sidewalks shall only be used as a temporary means of pedestrian conveyance and shall be replaced with concrete (Portland cement or equal) sidewalks within nine months after initial installation. When bituminous sidewalks are installed, they will be laid upon an approved base of Quarry Process, which shall have a minimum depth of six inches after compaction with a minimum size three ton roller compression.
6. 
The bituminous concrete shall be of FABC-1 and will have a minimum depth of two inches after compaction with a minimum size three ton roller.
e. 
Shade Trees. Shade trees shall be planted either within or adjacent to the street right of way, subject to the review by the planning board. Where such trees are planted with the street right of way, they shall normally be located between the curb and sidewalk. Where the trees are planted outside the street right of way line, the final plat submitted to the planning board for approval shall designate thereon an easement within a five foot wide strip along the front property line to give to the borough, its officials, agents, employees and representatives the right to enter upon the five foot strip for the purpose of maintaining such trees. The developer's guarantee shall include sufficient funds to provide for the purchase and installation of the required shade trees.
f. 
Topsoil Protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide a minimum of six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
g. 
Monuments. They shall be of the size and shape required by R. S. 46:23-9.11 and shall be placed in accordance with that statute.
h. 
Water Mains, Fire Hydrants, Culverts, Storm Sewers and Sanitary Sewers. All such installations shall be properly connected with an existing or approved system and shall be adequate to handle all present and probable future development.
i. 
Required Off-tract Improvements. 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:
1. 
Improvement to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application, and where no other property owners receive a special benefit thereby, the planning board may require the applicant, as a condition of subdivision approval, at the applicant's sole expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.
2. 
Contributions by developer toward required off-tract improvements.
(a) 
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. Said resolution or determination of the planning board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to insure the successful and reasonable implementation of same. In its deliberation as to whether off-tract improvements are required the planning board shall be guided by the rules and regulations specified in the zoning ordinance of the borough, this chapter and the borough master plan. The planning board may also be guided by counsel from the planning board attorney, engineer, any consultant and other qualified experts and municipal officials relative to the subject matter.
(b) 
In the event that the planning board determines that one or more improvements constitute an off-tract improvement the planning board shall notify the common council 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,
(c) 
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 governing body of the borough and a written resolution to that effect by the governing body has been transmitted to the planning board.
3. 
Methods of implementation.
(a) 
Performance and maintenance guarantees. Where a performance or maintenance guarantee or other surety is required in connection with an off-tract improvement the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.
(b) 
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, said agreement shall be approved as to form, sufficiency and execution by the planning board attorney and borough attorney. Said 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 borough.
(c) 
Cash contributions, when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:
(1) 
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 borough, or
(2) 
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided, or
(3) 
Where the applicant, where legally permissible, can undertake the improvements in lieu of the municipality, subject to standards and other conditions as may be imposed by the borough.
(d) 
Cash contributions, method of payment. Where a cash contribution is required by this chapter said contribution shall be deposited with the treasurer of the borough with a copy of the applicant's transmittal letter forwarded to the governing body, the borough 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 ten years, the funds may be retained by the borough and may be used for general municipal purposes, but in such event, neither the applicant nor any of his heirs, executors, administrators, or grantees shall be liable to the borough for any assessment for the purpose of installing any of the improvements for which said cash contribution was made.
4. 
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:
(a) 
Street widening, alignment, corrections, channelization of intersections, construction 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 ten percent for contingencies.
(b) 
Water distribution facilities including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith; the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the existing system or sub-system and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by ten percent for contingencies.
(c) 
Sanitary sewage distribution facilities including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or sub-system and the estimated daily flow from the proposed project or development. In the case where the peak flow for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per 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 ten percent for contingencies and shall be the ratio used to determine the cost to the applicant.
(d) 
Storm water and drainage improvements, including installation, relocation or replacement of transmission lines I culverts, catch basins and the installation, relocation or replacement of other appurtenance associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated peak surface run-off as proposed to be delivered into the existing system measured in cubic feet per second to the sum of the existing peak flow in cubic feet per second deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by ten percent 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 rights-of-way deemed to be necessary by the planning board.
(e) 
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.
j. 
No final plat shall be approved by the planning board until the completion of all such required improvements have been certified to the planning board by the municipal engineer, unless the subdivision owner shall have filed with the municipality a performance guarantee in amount equal to 120 percent of the cost of the improvements specified in subsection 18-5.3 as estimated by the municipal engineer, and assuring the installation of such uncompleted improvements on or before an agreed date, and also assuring compliance with the soil erosion and sediment control plan certified by the Sussex County Soil Conservation District. Such performance bond which shall be issued by a bonding or surety company approved by the governing body, a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the municipal attorney. The planning board may require that not exceeding ten percent of the estimated cost of such unfinished improvements be deposited in cash with the borough to assure completion thereof, the balance being covered by a performance bond. The performance guarantee shall be approved by the municipal attorney, as to form, sufficiency and execution. Such performance guarantee shall run for a period to be fixed by the planning board, but, in no case, for a term of more than two years. However, with the consent of the owner and the surety, if there be one, the governing body may by resolution extend the term of such performance guarantee, the amount thereof to be adjusted to reflect any increase based on new engineering estimates of current costs as well as any decrease resulting from partial performance, for an additional period not to exceed two years. The amount of the performance guarantee may be reduced by the governing body by resolution when portions of the required improvements have been installed. If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable therein to the municipality for the reasonable cost of the improvements not installed and upon receipt of the proceeds thereof the municipality shall install such improvements. Performance guarantees shall be released in accordance with the provisions of C. 40:55D-53.
The subdivider shall reimburse the borough for all reasonable inspection fees paid to the borough engineer for the inspection of the foregoing improvements; and the developer shall make a deposit for all or a portion of the reasonably anticipated fees to be paid the borough engineer for such inspection.
[Ord. 12/6/71, A9]
All improvements listed in subsection 18-10.1 shall be subject to inspection and approval by the borough engineer, who shall be notified by the developer at least 24 hours prior to the start of construction. The subdivider shall not begin the installation of any of the improvements until approval is received from the engineer. All construction shall be subject to inspection and approval by the borough engineer. No underground installation shall be covered until inspected and approved. The cost of all improvements shall be borne by the subdivider.
[Ord. 12/6/71, A9; Ord. 7/21/75, S2; Ord. 2003-13, S1]
a. 
No final plat will be approved by the planning board until the subdivider has furnished a performance guarantee in favor of the borough in the amount of 120 percent of the total cost of all required improvements, as estimated by the borough engineer and assuring the complete installation of all improvements within the time period permitted.
b. 
The borough engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, including installation of survey monuments, which shall be appended to each performance guarantee posted by the obligor.
c. 
The performance guarantee shall be in the form of a performance bond issued by a bonding or surety company, a letter of credit issued by a bank doing business in the State of New Jersey, certified check returnable to the subdivider after full compliance, or another type of security approved by the borough attorney. Ten percent of the performance guarantee must be in cash.
d. 
The borough attorney must approved the performance guarantee as to form, sufficiency and execution.
e. 
The performance guarantee shall run for a period set by the planning board not to exceed two years.
f. 
Prior to commencement of construction the subdivider shall provide the borough engineer with one set of the approved plan(s) per the current Map Filing Law standards, as well as a digital file on a CD-R compact disk media in AutoCAD (.dwg file extension) format, in the New Jersey State Plane Coordinate System NAD83 and NAVD88.
g. 
At the request, and with the consent of the subdivider and the surety, the borough council may, by resolution, extend the term of the performance guarantee for a period not to exceed two years. As a condition or as part of any such extension, the amount of the performance guarantee shall be increased or decreased to an amount not to exceed 120 percent of the cost of the installation of all remaining improvements.
h. 
Where partial approval of improvements is granted, the amount of the performance guarantee may be reduced, with 30 percent being retained to ensure completion and acceptability of all improvements. The partial reduction shall be applied to the cash deposit in the same proportion as to the bond or other security.
i. 
When all of the required improvements have been completed, the obligor shall notify the borough council in writing, by certified mail addressed in care of the borough clerk, of the completion of said improvements and shall send a copy thereof to the borough engineer. The borough engineer shall inspect all of the improvements and file a detailed report, in writing, with the council, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. The borough engineer's report shall be furnished within 45 days of receipt of obligor's notification. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
j. 
The borough council shall by resolution either approve, partially approve or reject the improvements, on the basis of the report of the borough engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 45 days after receipt of the borough engineer's report and list. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 45 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee.
k. 
If any portions of the required improvements are rejected, the borough may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth above shall be followed.
l. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the borough for the reasonable costs thereof, and the borough may complete the improvements either prior to or after receipt of the proceeds.
m. 
Prior to release of the performance bond, the subdivider shall provide the borough engineer with an archival copy of the finished construction plans, both in accordance with the current standards of the Map Filing Law and also as a digital file on a CD-R compact disk media in Auto CAD (.dwg file extension) format, in the New Jersey State Plane Coordinate System NAD83 (ft.) and the NAVD88 (ft.).
n. 
Prior to release of the performance guarantee the obligor must furnish the borough with a maintenance guarantee for a period not to exceed two years. The maintenance guarantee shall be in the amount of 15 percent of the cost of the improvement(s), as estimated by the borough engineer.
o. 
The obligor shall reimburse the borough for all reasonable inspection fees paid to the borough engineer for inspection of the improvements. At the time that the performance guarantee is furnished, the obligor shall make a deposit for the inspection fees in the amount of $500 or five percent of the estimated cost of the improvements, whichever is greater. The obligor must replenish the deposit for fees as requested by the borough.
p. 
The borough engineer shall not perform any inspection if funds or deposit are not sufficient to pay for those inspections.
[Ord. 12/6/71, A10]
If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the borough for the reasonable cost of the improvements not installed; and upon receipt of the proceeds thereof, the borough shall install such improvements. No performance guarantee shall provide a limitation of action or suit less than a period of one year after the required completion date.
[Ord. 12/6/71, A11]
The subdivider shall observe the requirements and principles of land subdivision in the design of each subdivision or portion thereof, as set forth in this section.
[Ord. 12/6/71, A11]
The subdivision plat shall conform to design standards that will encourage good development patterns within the borough. Where either or both an official map or master plan has been adopted, the subdivision shall conform to the proposals and conditions shown thereon.
The streets, drainage, rights of way, school sites, public parks and playgrounds shown on an officially adopted master plan or official map shall be considered in approval of subdivision plats. Where no master plan or official map exists, streets and drainage rights of way shall be shown on the final plat in accordance with R.S. 40:55-1.20 and shall be such as to lend themselves to the harmonious development of the borough and enhance the public welfare in accordance with the design standards set forth below.
[Ord. 12/6/71, A11]
a. 
The arrangement of streets not shown on the master plan or official map shall be such as to provide for the appropriate extension of existing streets.
b. 
Minor streets shall be so designed as to discourage through traffic.
c. 
Subdivision abutting arterial streets shall provide a marginal service road or reserve frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the planning board may determine appropriate.
d. 
Street right of way widths shall be as specified in subsection 18-10.1.
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 mayor and council 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 this chapter shall dedicate additional width along either one or both sides of the 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 four percent. Grades on other streets shall not exceed ten percent. No street shall have a minimum grade of less than one half of one percent.
h. 
Street intersections shall be nearly at right angles as is possible and in no case shall be less than 60 degrees. The block corners at intersections shall be rounded at the curb line with a curve having a radius of not less than 25 feet.
i. 
Street jogs with center line off sets of less than 125 feet shall be prohibited.
j. 
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
k. 
When connecting street lines deflect from each other at any one point by more than ten degrees and not more than 45 degrees, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
l. 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
m. 
Dead end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turn-around at the end with a radius of not less than 50 feet and tangent whenever possible to the right side of the street.
If a dead end street is of a temporary nature, a similar turn-around may be required. When such provisions are made, the developer shall also provide for the excess right of way to be conveyed to the adjoining property owners at the time provisions are made for the extension of the street.
n. 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of existing streets. The continuation of an existing street shall have the same name.
o. 
Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further subdivision.
p. 
Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with other requirements of these regulations and where the planning board finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.
q. 
Private streets shall not be approved nor shall public improvement be approved for any private street.
[Ord. 12/6/71, A11]
a. 
Block lengths and widths or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning chapter of this revision and to provide for convenient access, circulation control and safety of street traffic. Block lengths shall not, under any circumstances, exceed 1,200 feet.
b. 
In blocks over 100 feet long, pedestrian walkways may be required in locations deemed necessary by the planning board. Such walkway shall be ten feet wide and be straight from street to street.
c. 
For commercial group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
[Ord. 12/6/71, A11]
a. 
Lot dimensions and area shall not be less than the requirements of the zoning chapter of this revision.
b. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
c. 
Each lot shall front on an approved street with a width as specified in subsection 18- 10. 1.
d. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, as all set backs shall be measured from such lines.
e. 
Residential lots with an average slope over 20 percent shall not be approved. No residential driveway shall have over a 12 percent grade.
f. 
Where there is a question as to the suitability of a lot for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the planning board may, after adequate investigation withhold approval of such lots.
g. 
Corner lots for residential use shall have extra width to permit appropriate building setback from an orientation to both streets.
[Ord. 12/6/71, A11]
a. 
Where a subdivision is transversed by a water course, drainage way, channel or stream, there shall be provided a storm water easement or drainage right of way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose,
b. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
c. 
In appropriate cases, the planning board may require needed parks and playgrounds or other public lands to be shown on the final plat map.
[Ord. 12/6/71, A11]
Each lot within the subdivision area shall be provided with a water supply from the public water supply system. The cost of the required extension of water mains and connections shall be borne by the subdivider.
The water supply system shall be constructed under the direction and control of the department of engineering of the borough and of the State Department of Health when required and all construction shall be subject to the approval of the borough engineer.
[Ord. 12/6/71, A11]
Each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto. The cost thereof shall be borne by the subdivider. All such installations as sewer mains and connections shall be subject to the approval of the borough engineer, board of health or health officer and water and sewer superintendent.
[Ord. 12/6/71, A11]
In all subdivisions except minor residential subdivisions in areas where existing electric and telephone lines are not underground, such utility lines shall be installed underground. In minor nonresidential subdivisions, there shall be no new utility poles installed on the property, but overhead wires may be brought in from existing poles on the street, if no new poles are involved.
[Ord. 2009-01, S3]
Any application to the planning board or zoning board of adjustment of the Borough of Sussex, for subdivision approval for the construction of multi-family dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan as set forth in Chapter 15. This plan must contain, at a minimum, the following:
a. 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development (Note: A calculation of average amounts of materials generated from similar facilities in the county may be provided to satisfy this requirement); and
b. 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.
[Ord. 12/6/71, A11]
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 borough. Any action taken by the planning board under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the planning board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter. In any such case, the planning board shall make written findings of fact and conclusions of law supporting its action.
[Ord. 12/6/71, A11]
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.
[Ord. 12/6/71, A11]
In addition to the foregoing, the borough may institute and maintain a civil action:
a. 
For injunctive relief.
b. 
To set aside and invalidate any conveyance made pursuant to such contract of sale, if a certificate of compliance has not been issued in accordance with the provisions of C. 40:55D-56.
[Ord. 12/6/71, A11]
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 fee, survey expense and title closing expense, if any.
[Ord. 12/6/71, A11]
Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years if unrecorded.
[Ord. 12/6/71, A11]
This chapter shall be construed in Para materia with the Land Use Procedures Ordinance of the Borough of Sussex which it complements, and shall be liberally construed to effectuate the purposes thereof.
[Ord. 12/6/71, A11]
Should any article, section, subsection, sentence, clause or phrase of this chapter be held to be unconstitutional or invalid by a court of competent jurisdiction, said decision shall not affect the remaining portions of this ordinance.
[Ord. 2004-07, S1]
a. 
The borough shall serve a notice of abatement for any and every violation of the provisions of this chapter upon the owner, contractor, tenant or any other person or entity who commits, takes part in or assists on any violation of this chapter, or who maintains any structure or premises in which any violation of this chapter shall exist. The notice of abatement shall be served by certified mail, return receipt requested or personal service. Any and every such violation shall be within five days after receipt of the written notice. Any person or entity violating any provision of this chapter shall, upon conviction before a court of competent jurisdiction, be subject to a fine of not more than $1,250, or imprisonment in the county jail for a period not to exceed 90 days, or both, at the discretion of the court or judicial officer.
b. 
Each and every day that such violation continues after receipt of the notice of abatement shall be considered a separate and specific violation of this chapter.
c. 
In addition to the fines and penalties authorized herein, any person or entity who violates a provision of this chapter shall reimburse the Borough of Sussex for all costs incurred for investigation, inspections and prosecution of violations of this chapter, including the costs of litigation and reasonable attorney's fees. All costs and fees awarded pursuant to this section to the Borough of Sussex shall constitute an assessment and lien against the subject real property and shall accrue interest as provided by law.