Township of Livingston, NJ Article IX Subdivision Review, Site Plan Review and Site Improvements

§ 170-61 Filing procedures.

[Amended by Ord. No. 28-1988; Ord. No. 19-1989]

A. Prior to the subdivision or resubdivision of land and prior to the issuance of a conditional use permit, construction permit, zoning permit or certificate of occupancy for any development, an application shall be submitted to and approved by the Planning Board in accordance with the requirements of this article, except that subdivision or individual lot applications for detached one- or two-family dwelling unit buildings shall be exempt from site plan review and approval. In the event the subdivision or site plan application requires action by the Board of Adjustment as provided in this chapter, said application shall be submitted to and processed by said Board, which shall act to the same extent and subject to the same restrictions as the Planning Board as set forth in this article. In accordance with § 170-94E(6), site plan approval shall be required for any change in use of land or an existing building involving different use categories enumerated in § 170-94E where the new use category requires a greater number of off-street parking spaces.

B. An application for a conditional use, subdivision or site plan or variance approval by the Planning Board shall be filed with the administrative officer at least two weeks prior to a regular meeting of the Planning Board. Any application for any requested action by the Board of Adjustment shall be filed with the administrative officer at least three weeks prior to a regular meeting of the Board of Adjustment.

C. Said application for conditional use, subdivision or site plan shall be made in triplicate on forms available from the administrative officer and shall be accompanied by the required filing fee and 15 blue- or black-on-white prints of the subdivision plat or site plan and 15 copies of any other required documents and improvement plans. An application for final subdivision approval shall also be accompanied by the original tracing. An application for variance approval only shall be made on forms available from the administrative officer and shall be accompanied by the required filing fees and 12 copies of the survey indicating all existing and proposed buildings and structures with all front, rear and side yard dimensions and 12 sets of building plans, either bearing the seal of a licensed New Jersey architect or certified as having been prepared by the homeowner for his/her own use and occupancy.

D. The application shall be accompanied by all required fees as established by Article VII to cover the technical, investigative and administrative expenses involved in processing the application.

E. If the application for development is found to be incomplete by the Planning Director, the developer shall be notified thereof within 45 days of submission of such application, or it shall be deemed to be properly submitted.

§ 170-62 Review procedures.

A. Upon receipt of an application, the Planning Director shall forward the same to either the Planning Board or Board of Adjustment, depending upon who has jurisdiction. If the Planning Board has jurisdiction, the Planning Director shall forward a copy to each of the following for report and recommendation:

(1) The Township Engineer.

(2) The Environmental Commission, when an environmental impact statement is required.

(3) Such other Township, county, state and federal officials and agencies as determined by the Planning Director.

B. The Planning Director shall review the application along with reports required from any officials or agencies and shall submit his findings and recommendations to the Planning Board.

C. The Planning Board shall grant or deny the application within the following time periods after submission of a complete application, prescribed below, or within such further time as may be consented to by the applicant.

(1) The approval of any site plan by the appropriate approval agency shall establish the exact use of all buildings, structures and improvements on site, and said buildings, structures and improvements shall be limited to those uses as indicated on the approved plan. Any deviation in the use of the site or any part thereof from the approved plan shall be deemed a violation of this chapter.

	Type of Application		Period of Time for Action by Planning Board (days)
	Minor subdivision or resubdivision		45
	Preliminary plat
		10 lots or less	45
		More than 10 lots	95
	Preliminary site plan
		10 acres of land or less	45
		More than 10 acres of land	95
	Final plat		45
	Final site plan		45
	Conditional use		95
	An application for development requiring any kind of variance		120

(2) Failure of the Planning Board to act within the period prescribed above shall constitute approval; provided, however, that any applicant who wishes to claim approval of his application for development by reason of the failure of the municipal agency to grant or deny approval with the time periods as set forth in this section:

(a) Shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to Section 7.1a of P.L. 1975, c. 291 (N.J.S.A. 40:55D-12a).

(b) Shall arrange publication of a notice of the default approval in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.

(c) Shall file an affidavit of proof of service and publication with the administrative officer, who, in the case of a minor subdivision or final approval of a major subdivision, shall be the officer who issues certificates pursuant to Section 35, Section 38b or Section 63c of P.L. 1975, c. 291 (N.J.S.A. 40:55D-47, 40:55D-50b or 40:55D-76c), as the case may be.

D. Whenever review or approval of an application by the County Planning Board is required by the County Land Development Standards, the developer shall submit the same and the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

E. If the scheduled time of the Planning Board meeting allows insufficient time for the Board to reach a determination regarding action of an application within the time prescribed in this section, the developer shall be requested to consent to an extension of time.

F. The developer shall submit sufficient copies of the approved plat or plan to the Planning Director in order to furnish a copy to each of the following:

(1) The Township Engineer.

(2) The Construction Official.

(3) The Planning Board.

§ 170-63 Submission of concept plan.

At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. This step is optional and is recommended by the Planning Board. The concept plan is designed to enable the Planning Board and the applicant to discuss and evaluate principles and potential problems involved before the applicant has gone to the expense of completing detailed engineering drawings as required for further processing of the development application. 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.

§ 170-64 Submission of minor subdivision.

[Amended by Ord. No. 7-1992]

A. Prior to the subdividing or resubdividing of any land within the Township which is herein defined as a minor subdivision, a minor subdivision application shall be filed in accordance with § 170-61 above and shall contain all data and information required in § 170-71B.

B. If classified and approved as a minor subdivision, a notation to that effect will be made on the minor subdivision plat. Said approval shall be noted in the minutes of the Planning Board. The Chairman and Secretary of the Planning Board shall sign the approved minor subdivision plat, and said approval shall be deemed to be final approval. Said minor subdivision, after approval, shall be returned to the developer within one week following the signing of said plat by the Chairman and Secretary.

C. Except as provided in Subsection F of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Township Engineer and Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said law.

D. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided in this section.

E. If the application for a minor subdivision is classified as a major subdivision, the developer will be so notified. No further Planning Board action on the application shall be required, and the developer shall follow the procedures contained herein for processing approval of a preliminary and final plat of a major subdivision.

F. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection C of this section if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise by the expiration date.

G. The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for such extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

§ 170-64.1 Submission of minor site plan.

[Added 9-5-2006 by Ord. No. 33-2006]

A. A minor site plan application shall be filed in accordance with § 170-61 above and shall contain all data and information required in § 170-71E. Minor site plan approval, with or without conditions, shall be deemed to be final approval of the site plan.

B. Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor site plan approval.

C. Whenever review or approval of the application by the county planning board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.

D. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves, to the reasonable satisfaction of the Board, that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before: what would otherwise be the expiration date; or the 91st day after the date on which the developer receives the last of the legally required approvals from other governmental entities, whichever occurs later.

§ 170-65 Preliminary plat; preliminary site plan.

[Amended by Ord. No. 7-1992]

A. Any application for approval of a preliminary plat or preliminary site plan shall be filed in accordance with § 170-61 and shall contain all information as required in § 170-71C or E, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required. The Planning Director shall report to the Planning Board on all subdivision and site plan applications.

B. If the Planning Director processing an application finds that said application is in substantial compliance with the provisions of this chapter, he shall so report to the Board, and the Planning Board shall schedule a hearing on the application pursuant to Article VI of this chapter. If the application is found to be not in compliance, he shall so inform the developer within 45 days of submission and shall require the filing of an amended application which shall be processed as in the case of the original application.

C. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and processed upon, as in the case of the original application. After the Planning Board is satisfied that the proposed application, together with any conditions as imposed by the Board, meets all of the conditions of this chapter, it shall grant preliminary approval.

D. Preliminary approval shall, except as provided in Subsection D(4), confer upon the developer or the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:

(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; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 170-72B, 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.

(2) That the developer 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 or site plan, as the case may be.

(3) That the developer may apply for and the Planning Board may grant extensions of 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 may govern.

(4) In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(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 the number of dwelling units arid nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

(5) Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection D(3) or (4) and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(6) The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection D(3) or (4) above.

§ 170-66 Installation of improvements or filing of performance guaranty.

[Amended by Ord. No. 7-1992]

A. Prior to the filing of an application for final subdivision approval, the developer shall have installed the improvements as herein required under the supervision and inspection of the Township Engineer, except that the Planning Board may accept performance guaranties to assure the installation of only the following improvements:

(1) Pavement surface course consisting of bituminous concrete 1 1/2 inches in compacted thickness.

(2) Sidewalks.

(3) Shade trees.

(4) Street signs.

(5) Monuments.

B. All on-tract improvements for site plans, as required in § 170-72B, shall be installed prior to the issuance of a certificate of occupancy; provided, however, that due to inclement weather, an owner may defer installing all required improvements for a period not to exceed six months from the time the certificate of occupancy is issued, provided that a performance guaranty in an amount satisfactory to the Township Council is posted with the Township prior to the issuance of said certificate of occupancy.

C. No such performance guaranty shall be accepted unless and until the Township Engineer shall have certified to the Planning Board the accuracy of the description of the improvements to be made and the sufficiency of the amount thereof to assure completion of improvements and the Township Attorney shall have approved the form and sufficiency of the execution thereof. The performance guaranty shall state the time period within which all improvements are to be installed by the developer.

D. The cost of the installation of improvements for the purposes of determining the amount of a performance guaranty shall be estimated by the Township Engineer based on documented construction costs for public improvement prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the Township Council. The Township Council shall decide the appeal within 45 days of receipt of the appeal, in writing, by the Township Clerk. After the developer posts a guaranty with the Township based on the cost of the installation of improvements as determined by the Township Council, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty.

§ 170-67 Term and use of performance guaranty.

[Amended by Ord. No. 7-1992]

A. The performance guaranty for the installation of those improvements required shall be in favor of the Township in an amount equal to 120% of the cost of such improvements, as determined pursuant to § 170-66D, subject to the following:

(1) At least 10% of the performance guaranty shall be in the form of cash or a certified check made payable to the Township. A developer may, at his option, provide more than 10% of the performance guaranty in cash.

(2) In lieu of a surety bond, a performance guaranty may be in the form of an irrevocable letter of credit if it:

(a) Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to § 170-66D;

(b) Is issued by a banking or savings institution authorized to do and doing business in this state;

(c) Is for a period of time of at least one year; and

(d) Permits the Township to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this subsection 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.

(3) The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty in accordance with § 170-66D, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.

B. The performance guaranty shall secure performance within a term not to exceed 18 months from the date of final approval. With the consent of the principal, the performance guaranty may be extended by the Township Council after the recommendation by the Planning Board, by resolution, for an additional period not exceeding 18 months. As a condition or a part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation of the improvements as determined by the Township Engineer according to the method of calculation set forth in § 170-66D as of the time of the passage of the resolution.

C. The amount of the performance guaranty may be reduced by the Township Council, by resolution, when portions of the improvements have been certified by the Township Engineer to have been completed.

D. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts law, N.J.S.A. 40A:11-1 et seq.

E. Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the obligor may request of the Township Council, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared pursuant to § 170-66D and appended to the performance guaranty pursuant to § 170-67A, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon, the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of and remedy for the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared in accordance with § 170-66D and appended to the performance guaranty pursuant to § 170-67A.

F. The Township Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of those improvements upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared in accordance with § 170-66D and appended to the performance guaranty pursuant to § 170-67A. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Council, the obligor shall be released from all liability pursuant to its performance guaranty with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements. If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection E of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the Township Council fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared in accordance with § 170-66D and appended to the performance guaranty pursuant to § 170-67A; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. In the event that the obligor has made a cash deposit with the Township as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.

G. If any portion of the required improvements is rejected, the Township Council may require the obligor to complete or correct such improvements, and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.

§ 170-68 Maintenance guaranty; review.

[Amended by Ord. No. 7-1992]

A. A maintenance guaranty shall be posted with the Township Council for a period not to exceed two years after final acceptance of the improvements in an amount not to exceed 15% of the cost of the improvements as determined in accordance with § 170-66D. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.

B. The Township Engineer shall review the maintenance guaranty. It shall be reviewed by the Township Attorney as to form, sufficiency and execution and approved by the Township Council.

C. In lieu of a surety bond, a maintenance guaranty may, at the developer's option, be in cash or in the form of a letter of credit, subject to the requirements of § 170-67A(2).

§ 170-69 Construction and inspection of improvements.

A. All improvements required by the Planning Board, except telephone, electric and gas, shall be installed under the supervision and inspection of the Township Engineer. No construction work covering the required improvements shall be commenced without the developer first notifying the Engineer that said construction work is about to take place. Such notice shall be given in writing to the Township Engineer at his office in the Township Hall at least one week before the commencement of such work. No required improvements shall be covered until inspected and approved by the Township Engineer.

B. Prior to the issuance of a certificate of occupancy an as-built plan, certified by a licensed land surveyor, shall be submitted to the Construction Official and Township Engineer, which shall show all details of the application for development as approved by the Planning Board or Board of Adjustment, as the case may be.

§ 170-70 Final plat; final site plan.

[Amended by Ord. No. 7-1992]

A. Application for approval of a final plat or a final site plan shall be filed in accordance with § 170-61 and shall contain all the information prescribed in § 170-71D or G, as the case may be. Said application shall be filed within the period prescribed in § 170-61B and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required. The Planning Director shall report to the Planning Board on all subdivision applications and site plan applications, respectively.

B. If the Planning Director processing an application finds that said application is in compliance with the general terms and conditions of the preliminary approval of said application, he shall so report to the Board, and the Board shall schedule a hearing on the application pursuant to Article VI of this chapter. If the application is found to be deficient in any respect, said Director shall so inform the developer within 45 days of submission and shall require the filing of an amended application, which shall be processed as in the case of the original application.

C. After the Planning Board or Board of Adjustment, as the case may be, is satisfied that the proposed application, together with any conditions as imposed by said Board, meets all the conditions of preliminary approval, it shall grant final approval.

D. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, 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.

E. If final approval is granted, copies of the plat or site plan shall be signed by the Chairman and Secretary of the Board granting said approval and copies shall be furnished by the applicant so that the Secretary shall file the approved plans with the following:

(1) The Township Clerk: one black-on-white print.

(2) The Township Engineer: two translucent Mylars, two cloth prints and three black-on-white prints.

(3) The Construction Official: one black-on-white print.

(4) The Assessor: one black-on-white print.

(5) The Planning Board: one black-on-white print.

F. The effect of final approval shall be as follows:

(1) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 170-57D, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that in the case of a major subdivision, the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time period provided in Subsection G of this section. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection G of this section, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of the chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 170-57D for the section granted final approval.

(2) In case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection F(1) of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

(3) Whenever the Planning Board grants an extension of final approval pursuant to Subsection F(1) or (2) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

(4) The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection F(1) or (2) of this section.

G. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless, within such period, the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

H. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-56. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 170-66. If the county recording officer records any plat without such approval, such recording shall be deemed null and void.

I. Nothing contained in this chapter shall be construed to permit the issuance of a construction permit on any lot in a subdivision or on any lot requiring site plan approval until final approval as heretofore required is granted by the Planning Board or Board of Adjustment as the case may be and properly filed by the county recording officer as herein required.

§ 170-71 Subdivision plat and site plan details.

[Amended by Ord. No. 20-1989; 5-5-2008 by Ord. No. 9-2008; 11-7-2011 by Ord. No. 31-20111-27-2020 by Ord. No. 2-2020]

A. Concept plan. The concept plan for any application for development shall be based on Tax Map information or some other similarly accurate information and shall be drawn by a New Jersey licensed professional engineer, land surveyor, architect, professional planner or landscape architect, as required by the New Jersey Administrative Code, and shall show the name and address of the preparer and the following information:

(1) Concept plan for a subdivision:

(a) The location of that portion which is to be subdivided in relation to the entire tract.

(b) All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.

(c) The names of the applicant(s) and owner(s) and the names and addresses of all adjoining property owners as disclosed by the most recent Township tax records.

(d) The Tax Map block(s) and lot numbers and zone district(s).

(e) All streets or roads and streams within 500 feet of the subdivision.

(f) The original and proposed lot layout, lot dimensions and total area of each lot.

(g) Existing contours at sufficient intervals to determine the general slope and natural features and drainage of the tract.

(h) The scale and reference meridian with North arrow.

(2) Concept plan for a site plan:

(a) The name(s), title(s) and address(es) of the applicant(s) and owner(s) and the names and addresses of all adjoining property owners as disclosed by the most recent Township tax records.

(b) A key map indicating, at a scale not greater than one inch equals 1,000 feet, the general location of the site and zone district and showing street locations, lot lines, zoning district boundaries and municipal boundaries within 500 feet of the site.

(c) A survey of the site.

(d) A site illustration, indicating with sufficient accuracy all boundaries of the site with natural features of the land and showing all developed, undeveloped and to-be-developed portions. The illustration shall convey the development scheme, including all buildings, circulation, parking and landscaping, whether existing or proposed.

(e) An evaluation statement, consisting of a general description of the intended project and an assessment of its anticipated broad impact on the neighborhood, the community and the environment, including but not necessarily limited to considerations of land use, visual qualities, traffic, drainage, utilities and natural resources.

(f) Preliminary architectural plans.

B. Minor subdivision plat. The minor subdivision plat shall be drawn by a licensed New Jersey professional engineer or land surveyor as required by the New Jersey Administrative Code and shall be based on Tax Map information or some other similarly accurate base, at a scale of not more than one inch equals 50 feet, and shall show or include the following information:

(1) The location of that portion which is to be subdivided in relation to the entire tract.

(2) All existing structures, wooded areas and wetlands on the tract.

(3) The name(s) and address(es) of the owner(s) and the names of all adjoining property owners, as disclosed by the most recent Township tax records.

(4) The Tax Map sheet, block and lot number of the property to be subdivided.

(5) The original and proposed lot layout, lot dimensions, total area of each lot, and metes and bounds description for each lot within the subdivision.

(6) Topographic data if steep slopes or other physical conditions of the land are likely to result in drainage problems or otherwise cause concern in connection with the future development of the property.

(7) The name and address of the person preparing the map, the scale, reference meridian and North arrow.

(8) Present zoning districts of the property to be subdivided and of adjoining properties.

(9) Certification from the Township Tax Collector that no taxes, or assessments for local improvements, are due or delinquent.

(10) Soil erosion and sediment control plan if required in accordance with N.J.S.A. 4:24-39 et seq. or successor legislation. Said plan shall be submitted to the Soil Conservation District in accordance with said statute, and approval of the application shall be conditioned upon certification of the soil erosion and sediment control plan by the district.

(11) A key map showing the proposed minor subdivision and its relation to surrounding areas within 500 feet of the extreme limits thereof.

(12) All improvements abutting the subject property, such as street pavement, curbs, sidewalks, sanitary and storm sewers, waterlines, electric lines, gas lines and television and telephone cables.

(13) If the applicant is a corporation or a partnership, the application form shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.

(14) Copies of any pending or approved application for a tree removal permit, and all related plans or drawings, as required in Chapter 306, Trees, of the Code of the Township of Livingston.

C. Preliminary plat. The preliminary plat shall be prepared by a licensed New Jersey licensed architect, professional engineer, land surveyor or professional planner, at a scale of not more than 100 feet to the inch. The plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which preliminary approval may be granted and shall include:

(1) A key map showing the entire subdivision and its relation to surrounding areas within 500 feet of the extreme limits thereof.

(2) The proposed name of the subdivision. The name shall not duplicate, be the same in spelling or alike in pronunciation with any other recorded subdivision, except that plats of portions of a larger subdivision may bear the same name if the several portions are consecutively numbered by section.

(3) The name and address of the person who prepared the plat, the date of its preparation, the scale thereof and the reference meridian and a North arrow.

(4) The Tax Map block and lot numbers.

(5) The present zoning district(s) within which the subdivision and adjoining properties are located.

(6) The name and address of the record owner(s), along with certification that the applicant is the owner of the land or his authorized agent or that the owner has given consent under an option agreement, giving names and addresses of both.

(7) If the applicant is a corporation or a partnership, the application form shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.

(8) The names of adjacent subdivisions, if any, and of the owners of adjoining parcels of unsubdivided land.

(9) The acreage of the tract to be subdivided to the nearest 1/10 acre.

(10) Certification from the Township Tax Collector that no taxes, or assessments for local improvements, are due or delinquent on the subject property.

(11) Existing contours with intervals of not more than five feet where the slope is greater than 10%, and not more than two feet where the slope is less than 10%. Elevations are to be based on sea level datum. Inquiry respecting such datum shall first be made at the office of the Township Engineer.

(12) The location of and principal dimensions for all proposed streets, sidewalks, alleys, rights-of-way, easements, lot lines, drainage rights-of-way and areas to be reserved for public use.

(13) Plans for utility systems such as water, gas, storm and sanitary sewers, telephone, cable and electricity, if underground, and showing location of poles where telephone, cable and electric service are overhead. Connections to existing or proposed utility systems should be shown.

(14) Plans and profiles of all proposed streets and sidewalks within the subdivision, and profiles of existing or future continuing streets, a minimum distance of 200 feet beyond the subdivision boundaries. The central angle of all arcs and curves along all street lines shall be shown.

(15) A copy of any protective covenants or deed restrictions applying to land being subdivided.

(16) A soil erosion and sediment control plan, if required in accordance with N.J.S.A. 4:24-39 et seq. or successor legislation. Said plan shall be submitted to the Soil Conservation District in accordance with said statute, and approval of the application shall be conditioned upon certification of the soil erosion and sediment control plan by the district.

(17) A map showing the entire drainage area and the drainage area contributing to each pertinent drainage structure along with drainage tabulation sheets showing calculations for each drainage area. Each drainage area shall be marked for identification purposes.

(18) The location, widths and names of existing or platted streets, railroad rights-of-way, permanent buildings, easements, watercourses, bridges, culverts and school park and playground sites.

(19) A statement setting forth:

(a) The proposed use of lots, stating the type of residential buildings with the number of proposed dwelling units.

(b) The type of business or industry, so as to reveal the effect of the development on traffic, fire hazards or congestion of population.

(c) The source of water supply.

(d) Provisions for sewage disposal, drainage and flood control.

(20) An environmental impact statement as required in Chapter 130, Environmental Impact Statement, of the Code of the Township of Livingston.

(21) A stormwater management plan as required by Article XIII of this chapter.

(22) Copies of any pending or approved application for a tree removal permit, and all related plans or drawings, as required in Chapter 306, Trees, of the Code of the Township of Livingston.

D. Final plat. The final plat shall be drawn in ink on tracing cloth or Mylar at a scale of not more than 50 feet to the inch and shall be in compliance with all provisions of N.J.S.A. 46:23-9.9 et seq. or successor legislation. The final plat shall show or be accompanied by the following:

(1) Those items as required in § 170-71C(1) through (19), inclusive.

(2) The name of the subdivision.

(3) A key map showing the proposed final plat and its relation to surrounding areas within 500 feet of the extreme limits thereof.

(4) Minimum building setback lines on all lots.

(5) The location and description of all monuments.

(6) Certification by an engineer and surveyor as to the accuracy of details on the plat.

(7) When approval of a plat is required by an officer or body of the Township, county or state, approval shall be certified on the plat.

(8) The Township Engineer's statement confirming receipt of a map showing all utilities in exact location and elevation identifying those portions already installed and those to be installed, and that the developer has installed all improvements in accordance with the requirements of these regulations, or a statement by the Township Clerk that proper performance guaranties have been posted with the Township Council. Said performance guaranties shall be based on a detailed written estimate prepared by the Township Engineer showing the estimated cost of installation of all required improvements.

E. Minor site plan. The minor site plan shall be drawn at a scale of not less than one inch equals 50 feet and shall include such details as may be necessary to properly evaluate the application and determine compliance with this chapter. Such details shall include:

(1) Identification of the provision(s) of the minor site plan definition in Township Code § 170-3 under which approval is sought, with specificity as to the details proposed that meet that definition.

(2) The name(s), title(s) and address(es) of the applicant(s) and the owner(s). If an applicant is a corporation or a partnership, the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.

(3) The name, address, license number, signature and official seal of the New Jersey professional engineer, land surveyor, architect, landscape architect, or professional planner preparing the plans as required by the New Jersey Administrative Code.

(4) A sheet index listing the drawings included within the site plan set.

(5) A place for the signatures of the Township Engineer, Planning Board Chairman and Planning Board Secretary.

(6) The date of preparation of the plans and the dates of all revisions.

(7) The scale of the site plan (not less than one inch equals 50 feet).

(8) Reference meridian and North arrow.

(9) The location of all structures within 100 feet of the site.

(10) The name (if any) of the tract.

(11) The Tax Map block and lot number(s) and the street address.

(12) The area, in square feet and to 0.1 acre, of the site.

(13) All lot line dimensions (bearings and distances).

(14) A key map, at a scale of not greater than one inch equals 1,000 feet, showing street locations and names, lot lines, zoning district boundaries and municipal boundaries within 500 feet of the site.

(15) A zoning table showing the zone district bulk requirement (setbacks, lot areas, lot widths, lot coverage, floor area ratios, number of parking spaces, etc.) as applicable to the approval sought, existing and proposed conditions.

(16) Applicable to the approval sought: location and dimensions of the site's driveways, driveway aprons, walkways/sidewalks, loading spaces, curbs and driveway line of sight triangles.

(17) Copies of any pending or approved application(s) for a tree removal permit, and all related plans or drawings, required in Chapter 306, Trees, of the Code of the Township of Livingston.

(18) Certification from the Tax Collector that no taxes, or assessments for local improvements, are due or delinquent on the subject property.

(19) Wall or window signage or a comprehensive sign package.

(20) The locations of all proposed signs.

(21) Sign details: size, height above grade, materials, letter style and size, colors, and type of any illumination.

(22) The locations of signs to be on the building(s) shown on the building elevations identified by compass direction and name of the street faced.

(23) All exterior lighting locations, heights, types and levels of illumination.

(24) Locations, materials, colors, and dimensions and illustrations of any fences, or decorative or retaining walls, to be removed or installed.

(25) For any emergency generator: location, dimensions, type of fuel, output in kw, ambient sound generation, testing schedule.

(26) Photographs of any existing buildings or structures on the site.

(27) A copy of any recommendations received from the Business Improvement District.

F. Preliminary site plan. The preliminary site plan shall be drawn at a scale of not less than one inch equals 50 feet and shall include the Township Tax Map block and lot number(s) of the site, the meridian reference and North arrow, and such details as may be necessary to properly evaluate the application and determine compliance with this chapter. Any site plan involving any new building or addition thereto or any site improvements shall be drawn by a licensed New Jersey professional engineer, architect or professional planner as required by the New Jersey Administrative Code. Where applicable to the proposed use or construction, the following information shall be clearly shown:

(1) The name(s) and title(s) of the applicant(s), the owner(s) and of the person(s) preparing the area map. If an applicant is a corporation or a partnership, the application form shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.

(2) The name, address, license number, signature and official seal of the New Jersey licensed professional engineer, land surveyor, architect or professional planner preparing the plans as required by the New Jersey Administrative Code.

(3) Lists setting forth:

(a) An index listing the drawings included within the site plan set.

(b) A list of block and lot numbers, street address, and the name(s) of owners of all properties within 200 feet of the site.

(c) A contact list.

(4) A place for the signatures of the Township Engineer, Planning Board Chairman and Planning Board Secretary.

(5) The date of preparation of the plans and the dates of all revisions.

(6) The location of all structures within 100 feet of the site.

(7) The name (if any) of the tract, the Township Tax Map block and lot number(s) and the street address.

(8) The area, in square feet and to 0.1 acre, of the site.

(9) All lot line dimensions (bearings and distances), all abutting streets.

(10) A key map, at a scale of not greater than one inch equals 1,000 feet, showing street locations and names, lot lines, zoning district boundaries and municipal boundaries within 500 feet of the site, and the border of the area within 200 feet in which notice must be served.

(11) A zoning table with separate columns showing the zoning district bulk requirements (setbacks, lot areas, lot widths, lot coverage, floor area ratios, number of parking spaces, etc.) existing and proposed conditions, and whether (and if so what) variances are requested. The parking spaces information shall be shown in schedule form.

(12) Location and dimensions of the site's off-street parking area(s), driveways, driveway aprons, walkways/sidewalks, parking spaces, loading spaces, driveway line of sight triangles, barrier-free pedestrian routes, the properly screened trash, refuse and recycling pickup area.

(13) Location of all present and proposed buildings, structures and off-street parking areas, and their setback distances and vehicular and pedestrian circulation patterns.

(14) General description of the use(s) of each building, building dimensions, square gross floor area (GFA) and net floor area (NFA) by use for each floor.

(15) Location, and specifications for, all surface paving and curbing; including asphalt, concrete, brick, stone, pavers, or artificial materials.

(16) Location and classification of all watercourses, water bodies, wetlands, buffer(s), transition area(s), floodway(s), flood plain(s), and flood hazard area(s) as per NJDEP or Township standards.

(17) Copies of all environmental permits or approvals, letters of interpretation (LOI) obtained, copies of any denials; and copies and status of all applications pending.

(18) Description and location of all easements, covenants, deed restrictions or encumbrances that may affect the premises; and all rights-of-way, easements or lands to be dedicated to the Township.

(19) Location, dimensions and materials of all fences, retaining or decorative walls, or similar man-made features to remain, be removed or modified or provided; and illustrations or photographs of same.

(20) A stormwater management plan; a map showing and identifying the existing and proposed drainage areas, location of natural and man-made drainage facilities on site and within 200 feet, location and construction details of all catch basins and stormwater drainage facilities, inlets, pipes, swales, berms, and stormwater detention, retention or treatment facilities; drainage calculations and tabulation sheets.

(21) Location, type and connections of all present and proposed utilities, including electric, gas, telephone and cable lines, water mains, sanitary sewer lines or systems, water wells, and pumping stations.

(22) A soil erosion and sediment control plan if required.

(23) Existing and proposed contours, at two-foot intervals, for the entire site and for 100 feet outside the site; however, if only a portion of the site is being developed the contours need only be shown for that portion and 100 feet beyond.

(24) Spot and finished elevations at all site corners, corners of all proposed buildings, paved areas, and other points where contours do not adequately define the elevation of the point.

(25) Location of all slopes greater than 15%.

(26) Location of all existing and proposed signs and the details such as nature of construction, dimensions, height above grade, letter style, materials, colors, and type, direction and lumen power of any illumination.

(27) All building exterior lighting, with location, direction and area of illumination and strength, including on adjacent property, expressed in footcandles.

(28) Details of parking area and other lighting fixtures or standards and a schedule showing type, dimensions, height above grade, letter style, materials, colors, type, direction and area of illumination and strength, including on adjacent property, expressed in footcandles.

(29) Landscaping plan with location, size and types of plantings to be preserved or provided on the entire site.

(30) Copies of any pending or approved application(s) for a tree removal permit, and all related plans or drawings as required in Chapter 306, Trees, of the Code of the Township of Livingston.

(31) An environmental impact statement as required by Chapter 130, Environmental Impact Statement, of the Township Code.

(32) A recycling plan that will make provisions for the collection and disposition of recyclable materials as required in Chapter 232, Recycling. This required plan shall not only show in specific detail on the site plan where aluminum, glass, newspapers, other recyclables and nonrecyclable material will be separated and collected on site, but shall also be accompanied by a program in narrative form. This narrative of the proposed recycling program for the site shall address who is responsible for the separation and collection of all recyclable materials and the method of disposing all recycling materials on site.

(33) Building front, rear and side elevations, drawn at a scale of not less than 1/8 inch to one foot by a licensed architect, showing materials, colors, heights, and stating any differences from other buildings on the site. Each elevation shall identify any street(s) that it faces and shall indicate whether it faces north, east, south or west.

(34) Floor plans showing uses, for each building subject of the application, drawn at a scale of not less than 1/8 inch to one foot by a licensed architect.

(35) Photographs of existing buildings on the site; annotated with height(s) of the building(s).

(36) Any recommendations from the Business Improvement District.

(37) Statement of compliance with, or request for exception from, applicable requirements of the State Residential Site Improvement Standards.

(38) Certification from the Township Tax Collector that no taxes, or assessments for local improvements, are due or delinquent on the subject property.

G. Final site plan. The final site plan shall be drawn in the same manner as the preliminary site plan and shall include all those details required for the preliminary site plan. In addition, the final site plan shall show or include the following:

(1) Final contours of the property and for 100 feet outside the property at two-foot intervals when new buildings or parking areas or resurfacing of existing parking areas are proposed. If only a portion of the property is being developed, contours need only be shown for said portion and 100 feet beyond.

(2) Final building floor plans and front, rear and side building elevations, showing building materials.

(3) The location, type and size of existing and proposed catch basins, storm drainage facilities and all utilities, both above- and below-ground.

(4) The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances that may affect the premises in question and the location, size and description of any lands contemplated to be dedicated to the Township.

(5) The location, size and nature of the entire property in question and any contiguous property owned by the developer or in which the developer has a direct or indirect interest, even though only a portion of the entire property is involved in the site plan for which approval is sought; provided, however, that where it is physically impossible to show such entire property or contiguous property or properties on one map, a key map thereof shall be submitted.

(6) A recycling plan which will make provisions for the collection and disposition of recyclable materials as required in Chapter 232, Recycling. This required plan shall not only show in specific detail on the site plan where aluminum, glass, newspapers, other recyclables and nonrecyclable material will be separated and collected on site but shall also be accompanied by a program in narrative form. This narrative of the proposed recycling program for the site shall address who is responsible for the separation and collection of all recyclable materials and the method of disposing all recycling materials on site.

(7) Copies of any pending or approved application(s) for a tree removal permit, and all related plans or drawings as required in Chapter 306, Trees, of the Code of the Township of Livingston.

(8) Certification from the Township Tax Collector that no taxes, or assessments for local improvements, are due or delinquent on the subject property.

H. Deviation from or interpretation of provisions of the Livingston Center Redevelopment Plan. An application to deviate from, or seeking an interpretation of the provisions of, the Livingston Center Redevelopment Plan must include the following:

(1) Two copies, with original signatures, of the completed:

(a) Application to the Planning Board to deviate from or interpret provisions of the Livingston Center Redevelopment Plan; and

(b) Declaration of applicable provisions.

(2) Two copies of a current survey and two copies of a survey with the proposed building(s) and structure(s) or other change(s) drawn to scale with all setbacks from all property lines.

(3) Two sets of building plans either bearing the seal of a licensed New Jersey architect who prepared the plans or certified as having been prepared by the homeowner for his or her own use or occupancy.

(4) After the application has been reviewed and deemed complete, 10 additional copies of the application and each of the surveys and plans.

(5) Certification from the Township Tax Collector that no taxes or assessments for local improvements are due or delinquent.

(6) The name(s) and title(s) of the applicant(s) and owner(s). If an applicant is a corporation or a partnership, the application form shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.

(7) Fees and deposits as stipulated in § 170-52 of this chapter for site plans, variances and interpretations.

I. Application review. Upon request by an applicant, the Planning Board may waive submission of specific information required by this § 170-71 to be submitted with an application when such information is not necessary for proper evaluation of the application. Absent such a waiver, failure to provide required information shall be a factor in determining whether an application is complete.

§ 170-72 Improvement requirements.

A. On-tract improvements. Prior to the granting of final approval of a major subdivision plat or site plan, the developer shall have installed or furnished performance guaranties as set forth in § 170-66 for the ultimate installation of all on-tract improvements described below:

(1) Installations for subdivisions. The following on-tract improvements shall be required for all major subdivisions:

(a) Applicable standard specifications. All streets, curbs, gutters, sidewalks, drainage and drainage structures and water mains shall be construed and installed in accordance with the applicable standard specifications of the Township and subject to the inspection and approval of the Township Engineer. Streets 60 feet or more in width shall have a paved roadway of at least 40 feet in width.

(b) Street name signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be a type approved by the Township and shall be placed in accordance with the standards of the Township.

(c) Shade trees.[1] Shade trees shall be located 36 inches from the front property line, but not so as to interfere with utilities or sidewalks, and shall be spaced as directed by the Township Engineer. Shade trees shall be of the variety and size approved by the Township Engineer and shall be planted in conformity with the current Standard Specifications of the Township of Livingston, prepared by the Township Engineer, and adopted by ordinance.

[1] Editor's Note: See also Art. VIII, Trees, of this chapter.

(d) Monuments. All monuments shall be of the materials, size and shape required by and shall be installed at the points mentioned in N.J.S.A. 46:23-9.11q.

(e) Topsoil protection. No topsoil shall be removed from the site or used as spoil. Compliance shall be in accordance with the provisions of Chapter 260, Soil Removal, of the Code of the Township of Livingston.

(f) Accessible public water supply. Where the Township's potable water distribution system is reasonably accessible, each lot within the subdivision area shall be provided with a connection thereto in accordance with the applicable ordinances, rules and regulations of the Township governing the same.

(g) Fire hydrants. Fire hydrants shall be installed in all subdivisions in accordance with the applicable ordinances, rules and regulations of the Township governing the same.

(h) Accessible public sanitary sewers. Where a public sanitary sewer is reasonably accessible, each lot within the subdivision area shall be provided with a connection thereto in accordance with the applicable ordinances, rules and regulations of the Township governing the same.[2]

[2] Editor's Note: See Ch. 251, Sewers.

(i) Nonaccessible public sanitary sewers. The Planning Board shall not approve any final plat of a subdivision where a public sanitary sewer system is not reasonably accessible thereto so as to provide each lot with a connection to such system, unless the Division of Health shall first approve, in accordance with its rules and regulations, a method or system of sewage disposal for individual lots or for the tract as a whole, or portions thereof.

(2) Installation for site plans. The following on-tract improvements shall be required for all site plans:

(a) All off-street parking for nonresidential uses permitted in residential zones, and all off-street parking in nonresidential zones and for transitional lots shall be constructed in accordance with the Revised Standard Specifications of the Township of Livingston, New Jersey (1973), as amended. Pavement shall be constructed in accordance with the provisions of Section 10 of said specifications and shall have a minimum four-inch-thick macadam base course and a two-inch-thick bituminous concrete surface course. All off-street parking areas shall meet the provisions of Article XI, § 170-94, of this chapter.

(b) Sidewalks shall be constructed on the site to adequately serve pedestrian traffic as required by the Planning Board.

(c) All portions of the property not used for off-street parking or other impervious coverage uses shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Planning Board.

(d) Stormwater drainage facilities and underground utilities as required and approved by the Planning Board after recommendation from the Township Engineer.

(e) Every site plan shall show a properly screened area reserved for trash or refuse pickup as approved by the Planning Board. Such area shall be so located on the premises that solid waste trucks have access to such area at all times.

(f) All improvements required and indicated on the approved site plan, such as pavement, lined parking spaces, curbs, landscaped areas, fencing or screening hedges, lighting signs and storm drainage facilities, shall be maintained by the applicant.

B. Off-tract improvements. Prior to the granting of final approval of a major subdivision plat or site plan, the developer shall have installed or furnished performance guaranties as set forth in § 170-66 for the ultimate installation of all off-tract improvements as hereinafter set forth:

(1) Criteria in determining allocations of costs. The allocation of costs for off-tract improvements as between the applicant, other property owners and the Township, or any one or more of the foregoing, shall be determined by the Planning Board, with the assistance of the appropriate Township agencies, on the basis of the total cost of the off-tract improvements; the increase in market values of the property affected and any other benefits conferred; the needs created by the application; population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements; the estimated time of construction of the off-tract improvements; and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract improvements shall be consistent with Section 30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42). In addition, the following criteria may also be considered, as well as any other reasonable criteria the Board feels is necessary to protect the health, safety and general welfare of the Township:

(a) Street, curb, sidewalk, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.

(b) Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:

[1] The percentage relationship between the acreage of the application and the acreage of the total drainage basin.

[2] The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.

[3] The use, condition or status of the remaining area in the drainage basin.

(c) Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.

(d) Sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.

(2) Determination of cost of improvements. The cost of installation of the required off-tract improvements shall be determined by the Planning Board with the advice of the Township Engineer and appropriate Township agencies.

(3) Manner of construction. When those estimates are received, the Township Council shall then decide whether the off-tract improvement is to be constructed:

(a) By the Township of Livingston as a general improvement;

(b) By the Township of Livingston as a local improvement; or

(c) By the applicant under a formula providing for partial reimbursement by the Township for benefits to properties other than the subdivision or site plan.

(4) Amount of contribution. When the manner of construction has been determined, the applicant may be required to provide a cash deposit to the Township of one of the following amounts:

(a) If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-tract improvement.

(b) If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection B(4)(a) above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.

(c) If the improvement is to be constructed by the applicant, an amount equal to the estimated cost of the off-tract improvement, less an offset for benefits to properties other than the subject property.

(5) Payment of allocated cost.

(a) The estimated costs of the off-tract improvement allocated to the applicant if deposited in cash shall be paid by the applicant to the Township Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Township within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned, together with accumulated interest or other income thereon, if any.

(b) In the event that the payment by the applicant to the Township Treasurer provided for herein is less than his share of the actual cost of the off-tract improvements, then the applicant shall be required to pay the appropriate share of the cost thereof.

(c) In the event that the payment by the applicant to the Township Treasurer provided for above is more than his appropriate share of the actual cost of installation of the off-tract improvements, he or his successor or assigns shall be repaid an amount equal to the difference between the deposit and his share of the actual cost.

(d) If the applicant shall deem that any of the amounts so estimated by the Planning Board are unreasonable, he may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision or site plan approval.

(e) If the applicant and the Planning Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-tract improvement or the determination made by the officer or Board charged with the duty of making assessments as to special benefits and if the off-tract improvement is to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge such determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.

(6) Assessments of properties. Upon receipt from the applicant of his allocated share of the cost of the off-tract improvements, the Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the Township. Any assessments for benefits conferred made against the applicant or his successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the Township Treasurer pertaining thereto. The applicant or his successors in interest shall not be liable for any part of any assessment for such improvements unless the assessment exceeds the pro rata share credit for the deposit, and then only to the extent of the deficiency.

(7) Credit for work performed. In the event that the applicant, with the Townships consent, decides to install and construct the off-tract improvement or any portion thereof, the certified cost shall be treated as a credit against any further assessment for that particular off-tract improvement or portion thereof, constructed by the Township in the same manner as if the subdivider had deposited its apportioned cost with the Township Treasurer as provided herein.

(8) Installation of improvements by applicant.

(a) At the discretion and option of the Township of Livingston and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-tract improvement.

(b) In the event that the Township so elects to contribute to the cost and expense of installation of the off-tract improvements by the applicant, the portion contributed by the Township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.

(9) Compliance with design criteria. Should the applicant and the Township enter into a contract for the construction and erection of the off-tract improvements to be done by the applicant, he shall observe all requirements and principles of this chapter in the design of such improvements.

C. Lot surface drainage.

[Added 11-3-2008 by Ord. No. 35-2008[3]]

(1) Applicability. A lot surface drainage permit shall be required for the following development activities in a residential zone:

(a) The addition of any impervious area that is 300 square feet or greater in size, including, but not limited to, the following:

[1] Any addition, repair or renovation to an existing structure that involves an extension of the foundation of the existing structure by 300 square feet or greater in size; or

[2] Construction of a swimming pool or tennis court; or sports court; or

[3] Construction of a closed or impervious deck, patio, or accessory structure, 300 square feet or greater in size, that impacts drainage, as determined by the Township Engineer. Open previous decks (decks that have open spaces between the floor boards) are exempt as long as there is no regrading or land disturbance associated with the open previous deck construction; or

[4] Construction of a driveway, 300 square feet or greater in size, that impacts drainage, as determined by the Township Engineer. The replacement of an existing driveway which does not increase the footprint of the existing driveway by more than 300 square feet is exempt; or

(b) Land disturbance or grading, except for the purposes of turf replacement where no grading is involved, of 1,000 square feet or greater; or

(c) Placement of more than 20 cubic yards of fill, excluding mulching; or

(d) Land disturbance or grading within five feet of a property line that impacts drainage, as determined by the Township Engineer.

(2) Waiver. Notwithstanding the foregoing, the Township Engineer may grant a waiver from the requirements of this subsection with respect to activities involving single-family lots if the Township Engineer determines that the project involves less than 1,000 square feet of impervious coverage, does not affect any drainage or critical areas, and does not require any significant changes in the existing grading of the lot. Any such determination shall be made upon the basis of the construction plans, survey and such further information as may be requested from the owner of the property by the Township Engineer. If a waiver is granted, the Township Engineer shall issue a minor lot surface drainage permit, subject to the following conditions:

(a) A licensed professional engineer or architect shall provide a certification letter stating that the proposed activity or project is in accordance with the following provisions of the minor lot surface drainage permit:

[1] Surface drainage waters shall be controlled in a manner that will minimize the adverse effects of such waters upon the subject property and abutting lands.

[2] Soil erosion during and after development shall not increase over what naturally occurs.

[3] The grades and/or elevation of the site shall not be significantly altered from the existing conditions.

(b) Payment of a minor permit application fee in the amount of $350 to the Township of Livingston.

[Amended 12-7-2020 by Ord. No. 20-2020]

(3) Submission of application.

(a) Information regarding any proposed land disturbances or grading activities shall be submitted on the form provided by the Township Engineering Department and shall be submitted to the Township Engineer or his designee for a determination of applicability.

[1] Each land disturbance or grading activity that is determined to be eligible for a minor lot surface drainage permit shall be submitted on the application form provided by the Township Engineering Department and shall be submitted to the Township Engineering Department accompanied by three signed and sealed copies of the required certification letter from a licensed professional engineer or architect which states that the proposed activity or project is in accordance with the required provisions of the minor lot surface drainage permit.

[2] Each land disturbance or grading activity that is required to have a major lot surface drainage permit shall be submitted on the application form provided by the Township Engineering Department and shall be submitted to the Township Engineering Department accompanied by three signed and sealed copies of a detailed lot surface drainage plan which shall have been prepared by a New Jersey licensed professional engineer or architect. Once approved, the applicant shall provide duplicate paper copies and an electronic version of the lot surface drainage plan to the Township Engineering Department. Time of review for applications deemed to be complete by the Township Engineer or his designee shall be a maximum of 20 business days to examine, approve or deny the application. Approval or denial of the application shall be in writing. The twenty-day rule shall not apply to incomplete applications.

(b) The fees for minor and major lot surface drainage permit applications which partially cover the costs of site visits, review of the application and site inspections are as follows:

[Amended 12-7-2020 by Ord. No. 20-2020]

[1] Minor permit application: $350.

[2] Major permit application: $650.

(c) In all cases, the issuance of both minor and major surface drainage permits shall be prerequisites prior to the issuance of a Township building permit for development activities.

(4) Lot surface drainage plan details. All applications for a major lot surface drainage permit shall be accompanied by a surface drainage plan and shall be submitted to the Township Engineering Department. A major lot surface drainage permit shall not be issued until the surface drainage plan is approved by the Township Engineer or his designee. No development activity for which a surface drainage plan is required may begin until such a plan has been approved and a major surface drainage permit has been issued. The issuance of a major surface drainage permit shall be a prerequisite prior to the issuance of a Township building permit for the development activity. The surface drainage plan shall be prepared by a professional engineer or architect licensed in New Jersey and shall be drawn to a scale of not less than one inch equals 30 feet. The surface drainage plan shall depict both existing and proposed surface drainage patterns as they affect the subject property and all abutting land and shall include the following elements:

(a) The applicable block and lot number, date, graphic scale, north arrow, zone designation, zoning requirements and the names and addresses of the property owner, the applicant and the professional who prepared the plan.

(b) Location of the property boundaries, including all lot line dimensions; front, side and rear yard setback dimensions, easements, encroachments and restrictions.

(c) The outer limits of all areas in which any grading or filling is proposed on the subject property.

(d) Locations, dimensions and first floor elevation of all existing and proposed structures.

(e) Location of all driveways, sidewalks and other impervious structures.

(f) Location of all buildings on adjoining lots.

(g) Existing and proposed topography reflecting contour lines at one-foot intervals over the entire property. Topography and contour lines must extend beyond the lot property lines, if required by the Township Engineer or his designee, in order to adequately show the existing and proposed lot surface drainage conditions.

(h) Location of all existing and proposed retaining walls with top and bottom elevations. Such elevations shall be clearly delineated at regular intervals on the plan; details of all proposed retaining walls shall be provided.

(i) The layout of existing public streets and public utilities within 100 feet of the proposed development activity together with their elevations.

(j) If any part of the property is located within the one-hundred-year flood zone, the flood zone limits shall be shown as per the FEMA Flood Insurance Rate Map and NJDEP Flood Hazard Area Delineation.

(k) All delineated wetlands and transition areas approved through a NJDEP letter of interpretation shall be shown by metes and bounds. The NJDEP file number shall be noted on the plan. If no wetlands exist, the plan must contain a note confirming this fact.

(l) The location of all existing and proposed storm drainage structures, streams, watercourses, ponds, storm sewers or drainage facilities which relate to the drainage of surface waters from the subject property. The information shall include proposed methods of controlling foundation drains, sump pump discharges, and on-site stormwater, and may include grading, use of underground leaders to stormwater systems or dry wells, and other similar or related methods.

(m) The proposed location and size of all roof leader drains, footing drains and sump pump drains with invert elevations at house and outfall connections. All drains shall connect with the municipal storm drainage system whenever feasible. Location of existing storm sewer invert and flow direction at tie-in point shall be shown. If drains cannot be connected to the public system, other means, acceptable to the Township Engineer or his designee, shall be provided. If dry wells are used, their location, elevations and details must be shown.

(n) Any proposed changes in the existing surface drainage pattern which will result from the construction proposed for the subject property including any proposed changes on abutting lands.

(o) All existing trees with trunks exceeding six inches in diameter measured at a point four feet above the existing ground level within the area to be disturbed as well as within 10 feet of the outer limits of any such area.

(p) The applicant's engineer or architect shall certify that the proposed grading, as shown on the lot surface drainage plan, can tie into existing topographic contours on adjoining lots without an adverse grading or drainage impact and that all disturbance and grading can be limited to within the property in question.

(q) Any other conditions or requirements as determined by the Township Engineer or his designee.

(5) Lot surface drainage plan guidelines and principles. The following lot surface drainage guidelines and principles shall be considered in the review of any lot surface drainage plan submitted to the Township Engineering Department. This review shall be conducted by the Township Engineer or his designee:

(a) Surface drainage plans shall be designed to control surface waters in a manner that will minimize the adverse effects of such waters upon the subject property and abutting lands.

(b) There shall be no change in existing grade that raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot within 15 feet of a property line to an elevation that is more than four feet above the existing ground level at the property line. Any new grade shall be at an even slope with the toe of the slope at the ground level which exists at five feet inside the property line; provided, however, that, when necessary, swales shall be created in order to control surface waters in a manner that will protect abutting lands.

(c) Retaining walls shall be set back at a minimum of five feet from any property line.

(d) Grades steeper than one (vertical) to three (horizontal) should be avoided. Changes in elevation shall not exceed a slope of one (vertical) to two (horizontal) unless supported by retaining walls or other appropriate methods.

(e) An area of at least 10 feet in width around the foundation of any building shall be graded downward, away from the foundation, in accordance with the requirements of the New Jersey Uniform Construction Code.

(f) Roof runoff from any roofed area shall be in accordance with the New Jersey Uniform Construction Code.

(g) Dry wells or other infiltration facilities, if required, shall be in accordance with the provisions of the New Jersey Stormwater Best Management Practices Manual, Chapter 9.3, Standard for Dry Wells. Design of these facilities must be based on appropriate site specific tests certified by the applicant's engineer and submitted to the Township Engineer or his designee for approval.

(h) No soil shall be excavated, removed, deposited or disturbed except as a result of and in accordance with the surface drainage plan approved under the terms of this chapter.

(i) Any proposed building, structure, grading or attendant protective measures shall not impede the flow of surface water through any watercourse.

(j) Any fill placed on the property shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate methods as approved by the Township Engineer or his designee.

(k) The project shall be designed in accordance with the New Jersey Soil Erosion and Sediment Control Standards.

(l) Whenever the Township Engineer or his designee considers it necessary or appropriate, he may require that temporary measures be taken during the performance of any construction work to prevent adverse effects upon abutting lands.

(m) New construction on property where a previous structure has been removed shall not have the ground surface adjacent to the new structure elevated significantly above the original ground surface. Fill excavated during the course of construction of the new structure shall not be stored nor spread upon on the property for the purpose of disposal, but must be removed from the site.

(6) Certificate of occupancy. Following the completion of construction or other development activities involving a major surface drainage permit, the owner shall submit an as-built survey of the site for the review and approval by the Township Engineer or his designee. The as-built survey must contain a sufficient amount of spot elevations, topography and contour lines to allow comparison with the approved surface drainage plan for the purpose of determining compliance with that plan. As part of the as-built survey a New Jersey licensed professional engineer must certify that the final as-built lot surface drainage provisions are in compliance with the approved lot surface drainage plan. A certificate of occupancy shall not be issued until the Township Engineer or his designee certifies that the property conforms to the approved lot surface drainage plan. The Township, at the option of the Township Engineer or his designee, may accept a bond to insure full compliance with the approved lot surface drainage plan prior to and as a condition of the issuance of a certificate of occupancy. If a certificate of occupancy is issued for a property prior to full compliance with an approved lot surface drainage plan and full compliance is not effected by the date set forth in bond issued for the certificate of occupancy, then continued occupancy of such property after such date shall constitute a use of such property in violation of this chapter.

(7) Maintenance. The owner of the property upon which the regulated development activity occurred, and all successors and any other person or agent in control of the property, shall maintain in good condition and promptly repair and restore all grade surfaces, structures, drains, and other elements as required under an approved surface drainage plan.

(8) Enforcement.

(a) The requirements of this subsection shall be enforced by the Township Engineer or his designee who shall inspect or require inspection of the work.

(b) Whenever the Township Engineer or his designee finds that work is being performed or has been performed in violation of this chapter or in a manner that may jeopardize the public health or safety, the Township Engineer or his designee may issue a stop-work order to halt any activity that violates this chapter or jeopardizes the public health or safety and may order remedial action as appropriate.

(c) It shall be unlawful for any person to continue work on a property after having been served with a stop-work order, except such work as the Township Engineer or his designee directs to remove a violation or to eliminate an unhealthy or unsafe condition.

(d) The failure of an owner of property to comply with the provisions of an issued surface drainage permit and approved lot surface drainage plan for such property, including any temporary measures to be taken during the performance of construction work, shall subject the owner to a maximum fine of $2,000 per violation. Each violation and each day of each violation shall constitute a separate and distinct violation thereof. The payment of a fine shall be in addition to performing the remedial action ordered to be undertaken by the Township Engineer or his designee.

[3] Editor’s Note: This ordinance also retitled Article IX, Subdivision and Site Plan Review, to Subdivision Review, Site Plan Review and Site Improvements.

§ 170-73 Design standards.

A. Subdivisions. The developer shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:

(1) The subdivision plat shall conform to design standards that will encourage good development patterns within the Township.

(2) The subdivision shall conform to the proposals and conditions shown on the Township's Official Map and Master Plan, particularly as they pertain to streets, drainage rights-of-way, school sites, public parks and playgrounds and other public lands.

(3) Where not shown on the Master Plan or Official Map, the arrangement and other design standards of streets shall conform to the following provisions of this section:

(a) Relation to adjoining street system. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas. New subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map shall dedicate additional width along either one or both sides of said street. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

(b) Projection of streets. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets.

(c) Streets to be carried to property lines. When a new subdivision adjoins unsubdivided land susceptible of being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided. The street arrangement shall be such as not to cause hardship to owners of such adjoining property in platting their own land and providing convenient access to it.

(d) Street jogs prohibited. Street jogs with center-line offsets of less than 125 feet shall be prohibited.

(e) Dead-end streets or culs-de-sac. Dead-end streets or culs-de-sac, designed to be so permanently, shall not be longer than 600 feet, and shall be provided at the closed end with a turnaround having an outside radius of not less than 50 feet. If a dead-end street is of a temporary nature, a similar turnaround having a curb radius of 25 feet shall be provided and provision made for future extension of the street into adjoining properties.

(f) Intersections. The intersection of more than two streets at one point shall be avoided except where it is impracticable to secure a proper street system otherwise. Streets shall intersect one another at an angle as near to a right angle as possible, and no intersection of streets at angles less than 60° shall be approved. Street intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet when such intersection occurs at right angles. If an intersection occurs at an angle other than a right angle, it shall be rounded with a curve having a radius acceptable to the Planning Board. In business districts, the Planning Board may permit comparable cutoffs or chords.

(g) Street deflections. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve having a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.

(h) Reverse curves. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

(i) Street grades. Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 0.75 of 1%. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and adequate sight distance.

(j) Reserve strips. Reserve strips controlling access to streets shall be prohibited.

(k) Half-streets prohibited. Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Planning Board finds it will be practicable 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.

(l) Access to streets across ditches. The developer shall provide access to all proposed streets, across all ditches, in a standard manner approved by the Township Engineer.

(m) Street names and numbers. Names of new streets shall not duplicate or so nearly duplicate an existing or platted street name as to be confused therewith, except that where such new street is a continuation of or in alignment with an existing or platted street, it shall bear the same name. House numbers shall be assigned by the Township Engineer in accordance with the system now in effect in the Township.

(n) Vacation of streets. No arrangement or alignment of streets requiring the vacation of any street or part of a street dedicated to public use shall be approved, if such vacation interferes with the uniformity of the street pattern or any future street plans prepared for the area.

(o) Private streets. Private streets shall not be approved, nor shall public improvements be approved for any private street.

(4) Block length and width or acreage within bounding roads shall be such as to accommodate the size of lots required in the area by the zoning regulations and to provide for convenient access, circulation control and safety of street traffic.

(5) Block length shall not exceed 1,200 feet. A block shall be so designed as to provide two tiers of lots.

(6) In blocks over 900 feet long, pedestrian walkways 10 feet in width, five feet of which shall be paved, may be required in locations deemed necessary by the Planning Board for the public convenience and safety.

(7) Lot dimensions and area shall not be less than the requirements of the zoning regulations for the zone in which the lot in question is located.

(8) All lots shall abut by their full frontage on an approved street. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines. 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.

(9) Corner lots for residential use shall have extra width to permit appropriate building setback from, and orientation to, both streets. Lots abutting on a pedestrian walkway shall be treated as a corner lot.

(10) The Planning Board shall require that all lots shown on a plat shall be adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace. No lots shall be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or as shall not produce unsatisfactory living conditions.

(11) All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than permitted to remain as unusable parcels.

(12) Easements with a right-of-way width of at least 10 feet shall be provided on each side of all rear lot lines and along certain side lot lines where necessary for utilities. All such easements or rights-of-way shown on a filed map shall be deemed dedicated to public use.

(13) Where a proposed subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.

(14) Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.

(15) Where a proposed drainage right-of-way, school, park, playground or other public use shown on the Master Plan is located in whole or in part within a subdivision, the Planning Board may require, before approving the subdivision, that such drainage right-of-way, school, park, playground or other public sites be shown in locations and sizes suitable to their intended uses in accordance with N.J.S.A. 40:55D-1 et seq. The dedication of any such public space as provided herein shall not constitute an acceptance of the dedication by the Township.

(16) Wherever appropriate, driveways shall be so designed as to allow motor vehicles to turn around on the lot in order to make it unnecessary to back any motor vehicle onto the street.

(17) For all major subdivisions, the developer shall arrange with the serving utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utilities and shall submit to the Planning Board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that lots, in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved, may be supplied with electric and telephone service from such overhead lines or extensions thereof but the service connection from the utilities' overhead lines shall be installed underground.

(18) All subdivisions shall, to the greatest degree possible, follow energy-efficient design principles and maximize the use of renewable energy sources. Within the limits of practicability and feasibility, the criteria listed below shall be followed:

(a) Streets. Streets shall be so oriented as to permit the buildings to be constructed thereon to maximize solar gain. Where possible, streets shall run in an east-west direction.

(b) Lots. Lots shall also be oriented as to permit buildings to be constructed thereon to maximize solar gain. Where possible, the long access of a lot shall run in a north-south direction.

(c) Topography. The development shall take advantage of topographic features to maximize solar gain and afford protection from winter winds.

(d) Vegetation. Maximum use shall be made of natural vegetation which will afford protection from winter winds and provide shading in summer.

B. Site plans. The site plan shall conform to the proposals and conditions shown on the Township Official Map and Master Plan, particularly as they pertain to streets, drainage rights-of-way, school sites, public parks and playgrounds and other public lands. The developer of any site plan shall further observe the following requirements and principles in the development of a site plan or portion thereof:

(1) That the provisions of this chapter with respect to height, minimum lot areas, mandatory open spaces and the like are complied with.

(2) That pedestrian walkways, roadways and parking areas should be arranged so as to facilitate the safe and efficient movement of people and goods. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with the traffic flow and to permit vehicles safe ingress and egress.

(3) That adequate provision is made for off-street parking in accordance with this chapter and that adequate traffic circulation and protection to adjoining property is provided.

(4) That adequate provision is made for the disposal of stormwater as approved by the Township Engineer.

(5) Roadways and parking areas shall be designed so that no through street or main access driveway serves as the access aisle for parking areas.

(6) Areas provided for loading and unloading of delivery trucks and other vehicles, for solid waste collection and for other types of routine service shall be adequate in size and so arranged that they may be used without blocking roadways or access to parking areas.

(7) Architectural design. The design or construction of any building or use should promote a desirable and harmonious visual environment and will not be incongruous with the character of the neighborhood. Every building shall be faced on all exterior walls with a veneer material or finish as approved by the Planning Board.

(8) All parts of all yards not used for off-street parking areas shall be adequately landscaped, subject to approval by the Planning Board, and maintained in good condition.

(9) Traffic hazards. The Planning Board shall review all plans with the thought in mind that the location, design or construction of any building is not likely to involve unusual risks of traffic congestion, public safety or hazard.

(10) A landscaped screen or buffer shall be provided and maintained on all properties developed for nonresidential use which abut residential zone districts. The Planning Board may also request buffers on any site containing multifamily or single-family attached dwelling units when appropriate along the boundaries.

(11) The required landscape screen and buffers shall be shown on a landscape planting plan and of sufficient width and plant material so as to create a visual separation between different types of development.

(12) Site plans shall follow the same energy conservation principles as set forth in § 170-73A(18) above where possible.

(13) Every building shall be faced on all exterior walls with a veneer material or finish as approved by the Planning Board.

(14) Every building constructed in any of the B Central Business District, B-1 General Business District, B-2 Highway Business District, P-B Professional Building District, or CI Commercial Industrial District shall have its primary orientation, facade and entrance toward and accessible from the street right-of-way; and all ground floor occupancies shall have their primary pedestrian access from the public street.

[Added 9-5-2006 by Ord. No. 32-2006]

(15) Parking structures. For every parking structure permitted as an accessory use in a nonresidential district:

[Added 8-4-2008 by Ord. No. 24-2008]

(a) The facades of the parking structure shall be designed to be consistent with the facades of the principal use structure. To reduce massing, the facades shall incorporate vertical and horizontal variations in setback, materials or fenestration design. The top floor may include line variation such as a projecting cornice or a parapet.

(b) Interior walls and beam faces shall be stained, painted or otherwise finished in a light color, such as white or light blue, to increase the general brightness within the structure. The addition of anti-graffiti coatings to walls is encouraged.

(c) Interior illumination shall reach into the edges of parking stalls and corners of the structure so as to minimize darkened areas behind or between parked cars or elsewhere.

(d) Active security measures, such as emergency telephones and closed circuit television monitoring, shall be provided; particularly in stairwells and elevators.

(e) Stairwells shall be illuminated.

(f) Stairs and elevators shall be located so that persons entering or leaving them are not in direct vehicle traffic flow.

(g) Vehicle aisles and ramps shall be not less than 12 feet wide for traffic moving in one direction and 24 feet wide for traffic moving in two directions. Parking spaces shall be separated by hairpin striping.

(h) If a pedestrian way between the parking structure and any other building is enclosed, it shall have interior illumination and not less than 70% of the enclosing walls shall be clear glass.

(i) Security measures to control unauthorized access during nonbusiness hours shall be provided.

(16) Green building design. The following green design standards shall be included, as applicable, in redevelopment plans:

[Added 6-26-2023 by Ord. No. 14-2023]

(a) Lighting:

[1] Indoor spaces and external spaces shall use LED lighting.

[2] Indoor common areas shall have occupancy sensors.

[3] Outdoor lighting shall incorporate solar power sourcing to the greatest extent possible.

(b) Energy:

[1] All appliances including stovetops, refrigerators, washers, dryers, and dishwashers shall be ENERGY STAR^® (or similar) rated and electric powered or have the required wiring and components installed to allow for future conversion to electric power.

[2] Buildings must comply with the mandatory and prescriptive provisions of ANSI/ASHRAE/IESNA Standard 90.1-2022, with errata.

[3] Buildings must comply with HVAC and service water heating requirements applicable to each building, including equipment efficiency, economizers, ventilation, and ducts and dampers, for the appropriate ASHRAE 50% Advanced Energy Design Guide and climate zone.

[4] Projects shall include sufficient solar electric power capacity to power common areas when weather conditions permit.

[5] Incorporate heat recovery ventilation or energy recovery ventilation systems.

[6] Incorporate passive designs such as deep overhangs, the use of thermal mass building materials, and natural cross ventilation.

[7] Incorporating in-floor radiant heating systems is encouraged when possible.

[8] Heat pump heating and cooling shall be used to the greatest extent possible.

[9] The use of heat pump water heaters is encouraged when possible.

(c) Heat island reduction:

[1] Maximize the use of shade trees over paved areas.

[2] Including vegetated planters is encouraged when possible.

(d) Air quality:

[1] All paints, coatings, adhesives, and sealants used shall have low to no volatile organic compound emission.

(e) Sustainability:

[1] Recycled materials are encouraged to be used when possible.

(f) Building envelope:

[1] Windows shall, at a minimum, be ENERGY STAR^® rated.

[2] Walls, floors, ceilings, attics and roofs shall comply with the then current Energy Code required by the Uniform Construction Code.

[3] Roofs may include reflective roofs designs and shall, at a minimum, be ENERGY STAR^® rated.

(g) Landscaping:

[1] Native plants shall be used.

[2] Outdoor irrigation shall be minimized.

[3] Lawn areas shall be minimized.

[4] Permeable paving is encouraged to be used when possible.

[5] Rainwater collection and reuse is encouraged to be used when possible.

(h) Building automation:

[1] Building automation shall be used to control HVAC, security, fire & safety, lighting, and humidity.

(i) Transportation:

[1] A minimum of 15% of the parking spaces shall be EV charging stations, level 2, with an additional 15% of the parking spaces to be at least Make-Ready EV charging stations with sufficient electrical panel size for future additions.

[2] For every one apartment, there shall be a minimum of one bicycle storage space that is covered and secured.

§ 170-74 Deviation relief from subdivision and site plan regulations and standards.

The rules, regulations and standards as set forth in this article shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Livingston. Any action taken by the Planning Board under the terms of this article shall give primary consideration to the above-mentioned matters and to the health, safety and welfare of the entire community. However, if the applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these subdivision or site plan regulations shall exact undue hardship, the Planning Board may permit such deviation as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this article. The purpose of this section is to provide for deviation from the terms of this article and not from the terms of the zoning regulations of the Township as set forth in Articles XI and XII of this chapter. In making its findings, as required hereinbelow, the Planning Board shall take into account the nature of proposed work and the existing use of land in the vicinity, the effect of the proposed deviation on the Township Master Plan, the number of persons to reside or work in the proposed subdivision or on site and the probable effect of the proposed application upon traffic conditions in the vicinity. No deviation shall be granted unless the Planning Board finds that:

A. There are special circumstances or conditions affecting such property such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land.

B. The deviation is necessary for the preservation and enjoyment of a substantial property right of the applicant.

C. The granting of the deviation will not be detrimental to the public health, safety and welfare or injurious to property in the area in which such property is situated. A petition for any such deviation shall be submitted in writing by the applicant at the time the application is submitted. The petition shall state fully the grounds upon which the application is made and the facts upon which the applicant relies for the relief requested. The petition shall be heard and acted upon by the Planning Board as a whole, but no application involving a deviation shall be approved before receipt of the County Planning Board's report thereon, if required, or the expiration of the period of time within which such report is required to be submitted. If the Planning Board deems the proposed deviation of a sufficiently serious nature, it may require additional public hearings to be held in accordance with Article VI. If the Planning Board shall disapprove the proposed deviation, the reasons therefor shall be stated in its resolution, and the applicant shall remedy said application prior to further consideration by the Board.

§ 170-75 Transfer or sale before final subdivision approval.

A. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

B. In addition to the foregoing, the Township may institute and maintain a civil action:

(1) For injunctive relief; and

(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.

C. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits 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 said land or within six years, if unrecorded.

§ 170-75.1 Compliance with any condition of approval of application for development required.

[Added 6-25-2012 by Ord. No. 13-2012]

A. Conditions precedent to Board resolution of approval becoming effective.

(1) A condition precedent is a condition in a Planning Board or Zoning Board of Adjustment resolution approving an application for development, which condition is specifically intended to be fulfilled before the approval becomes effective.

(2) Whenever an application for development is approved by a Board subject to any condition precedent, said approval shall lapse and become null and void unless all conditions precedent are fulfilled within 190 days of the date of adoption of the resolution of approval; provided, however, that the applicant may, for good cause shown, obtain an extension either before or after the lapse of said one-hundred-ninety-day period within the reasonable exercise of the Board’s discretion.

(3) The fulfillment of all the Board’s conditions precedent shall forthwith be reported, in writing, by the applicant to the Board, whose administrative officer may cause such reports to be verified in an appropriate manner. Only upon such administrative officer’s determination that all conditions precedent have been fulfilled shall any subdivision map or site plan be signed by the appropriate officials or any required building permit, occupancy permit or zoning permit be issued.

B. Conditions subsequent to resolution of approval becoming effective.

(1) Whenever any application for development is approved by a Board subject to any conditions which by their terms are incapable of or are not required to be fulfilled prior to the resolution of approval of the application becoming effective, but are required to be fulfilled prior to or during site preparation or construction and the performance of such conditions is not guaranteed by bonds or security of any type, failure to fulfill any such condition shall be grounds for the issuance of a stop-work order by the Zoning Officer and the withholding of any zoning permit, certificate of occupancy or any other approval until such condition or conditions are fulfilled.

(2) Nothing herein contained shall be construed as preventing the Board from granting, in its discretion, upon an ex parte application, an extension of time for good cause shown.

C. Continuing conditions.

(1) Whenever any application for development is approved subject to any condition which by its terms continues in force beyond completion of development or issuance of certificates of occupancy, and the performance of such conditions is not guaranteed by bonds or security of any type, any apparent failure to fulfill any such condition shall be grounds for investigation and enforcement by the Zoning Officer in the same manner and with the same authority as provided in § 170-137 of this chapter.

(2) If the Zoning Officer finds a failure to fulfill any such condition, such official shall provide a notice of violation to the applicant and to the property owner then in control or ownership of the property. If the failure is not cured within 30 days of receipt of notice of violation, or such additional time as the Township may expressly allow, each and every day thereafter on which the failure continues shall be deemed a separate and distinct offense in violation of this chapter, and a summons and complaint shall then be issued against the person, persons, entity or entities so notified.

(3) Any person or entity convicted in Municipal Court of an offense shall be subject to punishment as provided in § 1-7, General penalty, of Chapter 1 at the discretion of the Municipal Court Judge.