Prior to the granting of final approval, the subdivider shall have installed improvements required by the Planning Board. The Planning Board may solicit local, county, state, federal, public or semipublic agencies and knowledgeable individuals on what improvements shall be required. Improvements recommended by other agencies may be required by the Planning Board as a condition of final approval.
Streets are to be graded and constructed in accordance with the construction standards and specifications of the Township.
Street signs are to be of the same type and design as the street signs currently in use and shall be installed with a concrete base in accordance with applicable Township ordinances and state statutes in such manner that the name of each intersecting street is clearly visible to approaching traffic.
Curbs and gutters are to be constructed in accordance with the construction standards and specifications of the Township.
Catch basins are to be constructed in accordance with the construction standards and specifications of the Township as approved by the Engineer and located where directed by the Engineer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
During construction, the Township Engineer may require the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury or damage to property or constitute a health hazard. These conditions may result from erosion and landslide, flooding, heavy construction traffic, creation of steep grades and pollution. Improvements may include grading, plantings, retaining walls, culverts, pipes, guardrails, temporary roads, berms, retention ponds or basins and others appropriate to the specific condition. These may include actions recommended by the Morris County Soil Conservation District.
Sidewalks shall be required in all areas and shall, in all cases, be of sufficient width to accommodate the maximum pedestrian traffic, but in no case shall be less than eight feet in width in a business zone and four feet in all other zones, and shall be constructed in accordance with the construction standards and specifications of the Township.
In all major subdivisions, streetlights shall be installed at street intersections, curves and culs-de-sac and shall not exceed 300 feet apart along one side of the street. All service connections shall be made underground. The design and type of light shall be approved by the Engineer before installation.
[Amended 2-11-2020 by Ord. No. 2020-01]
Where required by the Shade Tree Commission, not fewer than two new shade trees shall be installed on each lot not closer than 25 feet to any existing or proposed streetlight or street intersection and installed in the front of the lot between the building and the street right-of-way area and in a line with other trees planted on the same side of the same street and shall be installed so as not to interfere with utilities, roadways, school ways or sidewalks. Trees shall be nursery-grown stock not less than 2 1/2 inches in diameter, planted and staked in a manner approved by the Shade Tree Commission. Trees shall be selected from a list maintained by the Director of Public Works, who shall establish the list of trees in consultation with the Shade Tree Commission. All trees not surviving after one growing season shall be replaced by the developer. Other species may be proposed, in writing, to the Commission for its approval. The Commission may require the subdivider or developer, at his sole expense, to retain a qualified person to report to the Shade Tree Commission as to what can be done to save existing trees, etc.
No topsoil shall be removed from the subdivision site or used as spoil or fill. In addition, topsoil removed during the course of construction shall be redistributed in the subdivision so as to provide equal distribution of cover to all areas of the subdivision and shall be stabilized by seeding and planting. At least six inches of compacted topsoil shall be provided on all portions of lots not occupied by buildings or walks.
No change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than a required minimal amount as determined by the Engineer and Board. All changes in elevation and contours approved by the Engineer and Board shall be shown on the preliminary plat and master site grading plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Monuments are to be of the size and shape required by N.J.S.A. 46:26B-3, Monumentation. and shall be placed in accordance with the requirements of said statute and the specifications of the Township.
Provision shall be made for culverts, stormwater drains, sanitary waste disposal and utilities. All such installations shall be connected with an adequate approved system where one exists and shall be adequate for all present and future development of the subdivision and surrounding areas and shall be made in accordance with construction and specification standards of the Township and Morris County, where applicable, and as approved by the Engineer. All stormwater drains shall have a minimum inside diameter of 15 inches.
Gas mains are to be installed in accordance with the requirements of the applicable ordinances of the Township and/or the gas supplier.
[Amended 3-10-2020 by Ord. No. 2020-03; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where a public sanitary sewer system is reasonably accessible, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto. All such installations of sewer mains shall be made in accordance with the construction standards of the Township as approved by the Engineer and the State Department of Health, where applicable.
Where a public sanitary sewer system is not reasonably accessible, the subdivider may be required to install sewer lines and a sanitary sewage disposal plant at his own cost and expense and in accordance with the specifications of the State Department of Health, and all such installations shall be subject to the approval of the Board of Health, the State Department of Health and the Township Engineer.
Where a public sanitary sewer is not reasonably accessible but is proposed and a plan has been adopted by the Township and where installation of sewer lines and a sanitary sewage disposal plant is not required, the subdivider must install within the subdivision a complete sewer pipe system, including provision for the connection thereto at each lot in accordance with the Township's adopted plan, but, in lieu of constructing the sanitary sewage disposal plant, the subdivider may install individual sewage disposal systems, including attachments for public sewer lines, for each lot at the time that improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the construction standards of the Township as approved by the Engineer and the local Board of Health.
[Amended 3-10-2020 by Ord. No. 2020-03]
Where an individual sewage disposal system is approved for a residence located on an existing street or proposed street, it shall further be required that a house sewer service connection be extended to the street side property line and capped.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Fire hydrants, fire alarm boxes, pumping stations and standpipes are to be installed on water mains at intervals as directed by the Bureau of Fire Safety in accordance with the standards of the National Board of Fire Underwriters. All hydrants and alarm boxes shall be placed at or near street intersections or at property lines in such a manner as approved by the Board so as to least interfere with the use of roads and property. All major subdivisions without fire hydrants or water lines shall be required to provide pumping stations and/or standpipes as required by the Board and Bureau of Fire Safety.
Provision shall be made to provide each lot with an adequate and continuous supply of potable water in accordance with the standards and specifications of the Township. Where a public water system is reasonably accessible, all lots shall be connected thereto. In the event that such a system is not reasonably accessible, individual wells shall be installed for each lot. Where a public water system is not now reasonably accessible but may be at some future date, the subdivider may be required to install within the subdivision a complete water distribution system, including provisions for connection to each lot. Until such time as the system is capable of becoming operable, individual wells shall be installed. This shall include the placing of water mains in standard locations to be determined by the Department of Public Works. In addition, all systems shall be tested, at the subdivider's expense, for pressure and bacterial count before being approved.
Guard rails are to be installed where deemed necessary by the Engineer and to his specifications.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon determination by the Engineer, an appropriate amount shall be included in the guaranties to cover the cost of grading of banks and/or the erection of retaining walls to prevent erosion and landslides.
An amount of money, to be determined by the Engineer, shall be included in the guaranties to cover possible rock excavation.
An appropriate amount of money, to be determined by the Engineer, shall be included in the guaranties to cover possible damages to adjacent land and structures, including but not limited to fences, trees, uprooting of property, monuments, etc.
An amount, to be determined by the Engineer, shall be included in the guaranties to cover the cost of borrow and/or fill required to meet any requirement established herein.
An amount, to be determined by the Engineer, shall be included in the guaranties to improve existing streams or watercourses where storm drainage flowing into the stream from a subdivision is likely, in the opinion of the Engineer, to cause flooding problems.
All private utility improvements shall consist of those improvements required by the applicable utility or federal or state law.
An appropriate amount, to be determined by the Engineer, shall be included in the guaranties as may be required by specific problems which are peculiar to any particular development or which might arise during construction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
During construction, the site shall be maintained and left each day in a safe and sanitary manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the subdivider upon an order by the Construction Official or other authorized personnel.
B. 
Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess or scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Construction Official and prior to issuing a certificate of occupancy. None of the same shall be buried without written permission of the Construction Official. The burning of trash and rubbish is prohibited.
The Planning Board may require a developer to improve all adjacent streets, drainage ditches, streams, utilities or other improvements to those Township standards adopted by ordinance.
The Planning Board may require a developer to complete off-tract improvements to the extent that the proposed development creates the demand for the improvements. For streets and roads, this will be determined by traffic flow; for drainage, it shall be determined by anticipated runoff; and for other utilities, the requirement for off-tract improvements shall be determined by anticipated flows. In the event that any such off-tract improvement benefits properties of others as well as the applicant, the Planning Board shall refer the matter to the Township Council for the purpose of determining whether the off-tract improvement shall be installed by local assessment or in some other manner which fairly allocates the cost of improvements to the properties benefited thereby.
A. 
The construction standards and improvements in Article IV are necessary to protect the health, safety and welfare of the Township. It is recognized, however, that, in peculiar situations, all of the improvements listed in Article IV may not be appropriate or needed. These items may then be waived in accordance with § 316-57.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
All standards and specifications of the Township as now or hereafter adopted, if any, shall govern the design, construction and installation of all the above improvements. Failure of the subdivider, developer or his contractor or agent to conform to said specifications will be just cause for the suspension of the work being performed.
C. 
In the event that the Township has not adopted standards for a specific type of improvement, then generally accepted engineering standards as set forth in engineering and construction manuals, as may be modified by the Township Engineer for a specific situation, shall be used.
D. 
Gas, electric, telephone and similar utilities shall be installed in accordance with applicable company, state and federal requirements.
All improvements shall be installed under the supervision and inspection of the Engineer. At least 48 hours' notice shall be given to the Engineer prior to the start of construction or placing of improvements. No underground installation shall be covered until inspected and approved by the Engineer. If, during installation of any of the required improvements, the subdivider fails to meet specification requirements or to correct unacceptable work, the subdivider shall be notified by the Township Planner, in writing, by certified mail, return receipt requested, that the subdivider has failed to comply with specifications or to correct unacceptable work properly, and said notice shall set forth in detail what has not been properly installed. If, within 10 days after certified date of receipt of such notice, the subdivider has failed to perform in accordance with the notice, the Township Planner shall then cause the notice of failure to comply to be served upon the subdivider, and a copy shall be sent to the governing body and Planning Board. The fee for engineering inspections during construction or installation and during the maintenance period shall be an amount sufficient to cover all costs for inspections as determined by the Township Engineer.
All construction stakes and grades shall be set by a licensed land surveyor in the employ of the subdivider, developer or contractor, and a duplicate copy of the grade sheets made therefrom shall be filed with the Engineer and the Department of Public Works.
A. 
Performance guaranties generally. No final plat shall be approved by the Board until the completion of all such required improvements has been certified, in writing, to the Board by the Engineer, unless the subdivider shall have filed with the Township a performance guaranty sufficient to cover all costs of such improvements or uncompleted portions thereof as specifically excluded from completion by the Engineer and approved by the Planning Board and assuring the installation of such uncompleted improvements on or before an agreed date, not to exceed 18 months from the date of execution of the performance guaranty, unless extended as provided in this article. An additional amount, to be determined by the Township Engineer, shall be included in the total amount of the performance guaranty to cover legal, engineering and other costs in the event that the subdivider or developer shall fail to complete the required improvements and the municipality is required to install the improvements.
B. 
Items required prior to acceptance of performance guaranty:
(1) 
List. A list of the items to be covered and the cost of each.
(2) 
Letter from Engineer. A letter of approval of Subsection B(1) from the Township Engineer.
(3) 
Conformance to Township ordinances. A letter from the Township Engineer stating that all plans and specifications meet all applicable Township ordinances.
C. 
Form and time of guaranty. The performance guaranty shall run for a term not to exceed 18 months and shall be in the form of at least 10% of the amount of the guaranty in cash or certified check, and the remainder shall be a surety bond from a company and in a form acceptable to the Township. Nothing in this section shall be construed as preventing the applicant from posting the entire performance guaranty in cash.
D. 
Extension of time and guaranty.
(1) 
Performance guaranties, with the consent of the principal, may be extended by the governing body, after recommendation by the Planning Board, by resolution, for one additional period not exceeding 18 months.
(2) 
As a condition or as part of any extension, the amount of any performance guaranty shall be increased or decreased, as the case may be, to an amount not to exceed 120% of the cost of installation as determined as of the time of the passage of the resolution to extend the time.
E. 
Township completion. If the required improvements shall not have been installed in accordance with the required standards and specifications of the Township within the time limit or extension thereof as described in Subsections C and D above, the Township shall use said performance guaranties as have been deposited with the Township to assure the completion of said improvements in accordance with the terms of this chapter and any applicable agreement.
F. 
Action of governing body.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of these to the public system, the obligor shall notify the governing body, in writing, of the completion or substantial completion of improvements by certified mail addressed in care of the Municipal Clerk and shall send a copy to the Municipal Engineer. The Municipal Engineer shall inspect all improvements for which notice has been given and shall file a detailed report, in writing, indicating approval, partial approval or rejection of the improvements.
(2) 
The governing body shall approve, partially approve or reject the improvements on the basis of the Engineer's report and shall notify the obligor, by certified mail, of the contents of the report and the action of the governing body no later than 45 days from the receipt of the notice of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to insure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 45 days shall be deemed to constitute approval of the improvements, and the obligor shall be released from any liability pursuant to the performance guaranty for such improvements. No release of any performance guaranty shall take place until the provisions of § 316-47G(4) of this chapter are complied with.
G. 
Items required by governing body before releasing the performance guaranty or any part thereof.
(1) 
Before releasing any guaranty or any portion thereof, the following items shall be in the hands of the governing body:
(a) 
Recommendation. A recommendation by the Board stating whether or not said performance guaranty should be reduced or released. If the Board fails to make such a recommendation within 45 days after being so requested by the governing body, the Board shall be deemed to have recommended releasing or reducing said performance guaranty.
(b) 
As-built plans. An as-built plan and profiles of all utilities and roads (black-and-white prints) in triplicate, plus tracing cloths, to be sent to the Planning Board with a certification as to the actual construction, the same to be approved by the Township Engineer. One copy of each shall be sent to the Township Clerk, one copy of each shall be sent to the Township Engineer, and one copy of each and the tracing cloths shall be retained by the Planning Board.
(c) 
Liens. A statement or affidavit, in duplicate, one copy to the Planning Board, from the developer that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be deeded to the Township.
(d) 
Approval of installation. A statement, in duplicate, one copy to the Planning Board, from the Township Engineer that all utilities and improvements required by the Planning Board and all applicable Township ordinances have been installed and completed in accordance with applicable Township ordinances and have been approved by him.
(e) 
Maintenance guaranty. A maintenance guaranty of 15%.
(f) 
Deeds. Deeds, free and clear of all encumbrances, for all streets, public easements, drainage easements, other public improvements and other lands dedicated to public use.
(2) 
Letter from Clerk. After the release of the guaranty or any part thereof, a statement to that effect shall be sent to the Planning Board by the Township Clerk, stating whether or not said release was in full or in part. If the release was in part, said statement shall set forth the amount of the reduction and a description of the roads or other improvements approved by the Mayor and Council.
(3) 
Reimbursement for inspection. Prior to the release of the performance guaranty or any portion thereof, the applicant shall post with the Township the sum as provided in Chapter 152, Fees, § 152-11, Inspections, in cash or certified check, to cover the cost of inspection related to the release of the performance guaranty. Any portion of this sum not used by the Township for such inspection services will be refunded to the applicant within 90 days of the release of the performance guaranty.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
Maintenance guaranty generally. A maintenance guaranty in the amount of 15% of the total cost of the improvements, as installed, shall be provided for a period of two years when the improvements have been completed and accepted by the governing body. The maintenance guaranty shall cover regular maintenance, such as curb replacement and repair, cleaning out of catch basins, resealing, patching or replacing portions of the road and any other matters which would be necessary to restore any of the required improvements into the condition as when approved by the Township. The guaranty may be a surety guaranty and shall provide for a guaranty to replace all work performed and all materials furnished which are found defective and to repair or replace any defects thereof which may become apparent before the expiration of said period. The governing body shall not release any maintenance guaranty until the maintenance period expires and all deficiencies are repaired and then only if the Township Engineer certifies that all improvements are in the same condition as when first accepted.