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.