[Amended by Ord. No. 8A-87]
The review and approval of subdivision applications shall be governed by Chapter
40 and this chapter.
A. Informal review. At the request of the developer, the Planning Board
shall grant an informal review of a concept plan for development for
which the developer intends to prepare and submit an application for
development. The developer shall not be required to submit an application
fee for such an informal review but will be required to establish
an escrow account to cover the cost for professional services. The
developer shall not be bound by such a review. The informal review
presentation shall be limited to 30 minutes.
[Amended 4-27-2015 by Ord. No. 02-15]
B. Preliminary subdivision review and approval.
(1) An application for preliminary subdivision review
and approval shall meet requirements of this chapter. The Planning
Board may submit copies of the application to other governmental bodies
and to consultants for review and reports.
(2) Prior to issuance of preliminary subdivision approval,
the Planning Board shall review the plans and reports and ascertain
compliance with the provisions of the land use chapters, including,
but not limited to, environmental impact statement, soil erosion and
sedimentation control plan, surface water management plan and Wellhead
Protection Area.
[Amended 9-14-2015 by Ord. No. 08-15]
(3) All necessary permits and approvals shall be obtained
before a construction permit may be issued and before construction
may commence.
C. Final subdivision plat review and approval.
(1) Before consideration by the Planning Board of a final subdivision plat, the subdivider shall have installed the improvements required by the Planning Board under §
208-9 or the Planning Board shall require the posting of adequate performance guaranties and subsequent maintenance guaranties as required in §
208-9B.
(2) The final plat shall have incorporated therein all
changes or modifications required by the Planning Board with respect
to the preliminary plat.
(3) The final plat shall be accompanied by:
(a)
A certification from the Borough Engineer stating
that all improvements required by the Planning Board on preliminary
approval have been installed in compliance with all applicable laws
and to the satisfaction of the Engineer and, if required by the Planning
Board, a certification from the Borough Clerk stating that a satisfactory
maintenance bond has been filed; or
(b)
A certification from the Borough Clerk stating:
[1]
That a developer's agreement with the Borough
has been executed providing such reasonable conditions as the Borough
Council finds necessary to assure that the required improvements shall
be properly executed and shall function so as not to create any nuisance
or condition adverse to the public interest; and
[2]
That a satisfactory performance guaranty has
been filed.
(c)
A certification from the Borough Engineer stating
that the final plat has incorporated therein all changes or modifications
required by the Planning Board in respect to the preliminary plat.
(4) Upon final approval, copies of the final plat shall
be filed by the Planning Board with the:
(a)
Administrative officer of the Planning Board.
[Amended by Ord. No. 15-85; Ord. No. 6A-86;
Ord. No. 3-90]
A. Common requirements. Plats shall be drawn on sheets
measuring 24 inches by 36 inches. They shall show or include the following
information:
(1) Name and address of applicant and owner.
(2) Borough Tax Map block and lot numbers.
(3) Name, title, professional seal and signature of person
preparing the plat.
(4) Place for the Chairman, the administrative officer
of the Planning Board and the Borough Engineer to sign.
(5) Scale shall equal 50 feet to the inch except, for
one acre or less, the scale shall be 20 feet to the inch.
(6) Date and revision dates of drawings.
(8) Key map showing the entire site plan and its relation
to surrounding areas. Where required for a public hearing, the key
map shall show name and location of all property owners within 200
feet, with block and lot numbers.
(9) Name and location of all contiguous property owners,
with block and lot numbers.
(10) Existing zoning and zone boundaries and contiguous
zone classifications.
(11) All existing and proposed streets within 200 feet.
(13) Area of each proposed lot, lot widths and depths.
(14) All existing and proposed property line dimensions
and bearings, and all setback lines, except that a sketch plat for
a cluster development need not show bearings.
(15) Present and proposed elevations based on New Jersey
Geodetic Control Survey Datum, at two-foot contour intervals.
(16) Location, size and nature of all existing and proposed
rights-of-way, easements and other lands, if any, to be dedicated
to the Borough.
(17) Location and type of all existing and proposed storm
drainage facilities, watercourses and ditches, water and sanitary
sewer lines.
(18) Location of all major trees and tree masses.
B. Sketch plats.
(1) Sketch plats for a cluster development subdivision shall be designed and drawn by a New Jersey licensed professional engineer, surveyor, planner or architect. It shall meet the requirements of Subsection
A above and, in addition, shall show major environmental features such as vegetation, soils, ground and surface waters and land proposed to be left as open space.
(2) The Planning Board may require additional and more
specific information to provide the basis for a decision on a conventional
or a clustering design option.
C. Minor subdivision plats. A minor subdivision plat shall be prepared by a New Jersey licensed professional engineer or land surveyor and shall meet the requirements of Subsection
A above. In addition, the plat shall show all existing structures and trees over four inches in diameter on the tract.
D. Preliminary plat. The preliminary plat shall be designed and drawn by a New Jersey licensed professional engineer in accordance with Section III(C) of the County Development Standards, as the same presently exists and as may be amended or supplemented from time to time, and shall be accompanied by the other maps, documents, plans, items and other items specified in and required by Section III(C). It shall also meet the requirements of Subsection
A, Common requirements, hereinabove. In addition, the developer shall:
[Amended 4-27-2015 by Ord. No. 02-15]
(1) Submit plans of any proposed utility layouts showing feasible connections
to existing or any proposed utility system.
(2) Submit a copy of any protective covenants, easements or deed restrictions
which apply to the land being subdivided.
(3) When an individual water supply or sewage disposal system is proposed,
submit a plan for such system which has been approved by the appropriate
local, county or state health agency. When a public sewage disposal
system is not available, the developer shall have percolation tests
made and submit the results, approved by the Borough Board of Health,
with the preliminary plat.
(4) Submit an environmental impact statement.
(5) Submit a soil erosion and sedimentation control plan.
(6) Submit a surface water management plan.
(7) Submit a groundwater management plan if in the Wellhead Protection
Area.
[Amended 9-14-2015 by Ord. No. 08-15]
(8) Submit a landscaping plan.
(9) Submit a wetlands and transition area delineation or waiver approved
by the New Jersey Department of Environmental Protection (NJDEP).
E. Final plat. The final plat shall be designed and drawn
by a licensed New Jersey land surveyor on the basis of, and in accordance
with, the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., and Sections
III(D) and (E) of the County Development Standards, as the same presently
exist and as the same may be amended or supplemented from time to
time. The final plats shall show that all Borough and county requirements
involved in obtaining tentative approval for the preliminary plat
have been met and shall be accompanied by any other maps, documents,
plans and other items specified in and required by said sections III(D)
and (E).
[Amended by Ord. No. 4-93]
A. Installations.
(1) Prior to the granting of final approval, the subdivider
shall have installed or shall have furnished performance guaranties
for the ultimate installation of the following where deemed necessary
or appropriate by the Planning Board:
(a)
Streets shall be constructed in accordance with
Standards for Subdivision Construction, latest revision, as prepared
by the Borough Engineer. Water and sewer construction and other improvements
shall be performed in accordance with a developer's agreement with
the Borough Council.
(b)
Curbs and sidewalks.
[1]
Curbs shall be installed on both sides of all
new roads and shall conform with the above Standards for Subdivision
Construction as required by the Planning Board.
[2]
When curbing in residential areas is deemed
necessary by the Planning Board, mountable curbing shall be installed,
except where vertical curbing is required for pedestrian safety or
where it has been an established pattern in the neighborhood. Such
vertical curbing is to be of concrete unless a pattern of Belgian
block has been established in the neighborhood in which case Belgian
block shall be used.
[3]
Sidewalks shall be installed on one side of
a road, or as required by the Planning Board. The requirements of
sidewalks may be waived if, in the judgment of the Planning Board
with the concurrence of the Borough Council, they are neither desirable
nor necessary.
(d)
Shade trees shall be located as approved by
the Borough Shade Tree Commission in the right-of-way so as not to
interfere with utilities or sidewalks and shall be of any of the following
types:
[4]
Any other species approved by the Shade Tree
Commission.
(e)
Monuments shall be of the size and shape required
by N.J.S.A. 46:23-9.9 et seq., and shall be placed in accordance with
the statute.
(f)
All water main, culvert and storm sewer installations
shall be properly connected with an approved system and shall be adequate
to handle all present and probable future development. All sewer connection
fees for all lots shall be paid to the Borough.
(2) All of the above listed improvements shall be subject
to inspection and approval by the Borough Engineer who shall be notified
by the developer at least 48 hours prior to the commencement of construction.
No underground installation shall be covered until inspected and approved.
(3) No topsoil shall be removed from the site or used as spoil unless approved by the Planning Board. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Nothing herein shall be deemed to waive any requirement of Chapter
102, Environmental Factors; Soil, Water and Trees. Nothing herein shall be deemed to waive any requirements for construction permits.
B. Improvements.
[Amended 6-28-1999 by Ord. No. 8-99]
(1) Performance guaranty.
(a)
Neither the Planning Board nor the Zoning Board
of Adjustment shall approve any final major subdivision until the
Borough Engineer has certified to the reviewing board that all required
improvements have been completed, unless the developer has delivered
to the Borough Council a performance guaranty in accordance with this
section. Any bonding or surety company providing a performance guaranty
under this section shall be approved by the Borough Council. Ten percent
of every performance guaranty shall be in the form of a certified
check payable to the Borough of Mountain Lakes.
(b)
The performance guaranty shall be approved by
the Borough Attorney as to form, sufficiency, and execution. Each
performance bond shall contain the following language:
|
"It is hereby understood and agreed that in
the event the principal shall default in the performance of its obligation
under this obligation, then the surety shall perform or be responsible
for the performance of said principal's obligation at the option of
the obligee."
|
(c)
Each performance guaranty shall remain effective
at least until all required improvements have been completed and accepted
by the Borough Council.
(d)
Without limiting the foregoing in any way, the
provisions of N.J.S.A. 40:55D-53 and N.J.S.A. 40:55D-53.5 shall apply
to all performance guaranties submitted to the Borough of Mountain
Lakes in accordance with this section.
(2) Maintenance guaranty.
(a)
Neither the Planning Board nor the Zoning Board
of Adjustment shall approve any final major subdivision in which required
improvements have been installed prior to final approval, unless the
developer has delivered to the Borough Council a maintenance guaranty
in accordance with this section. Further, the Borough Council shall
condition its acceptance of any improvements upon the developer delivering
to the Borough Council a maintenance guaranty covering such improvements,
in accordance with this section.
(b)
Every maintenance guaranty shall be expressly
conditioned upon maintenance by the developer of all covered improvements
for a period of two years, and particularly shall guarantee the remedying
of any defects in such improvements which occur during that period.
The maintenance guaranty shall further guarantee the replacement of
any shade trees found to be unhealthy within two years of planting.
(c)
Notwithstanding anything to the contrary herein,
the Borough may use all or any part of moneys deposited in connection
with a maintenance guaranty to the extent necessary to complete or
repair required improvements, and such action by the Borough shall
not relieve any obligor and/or surety of its obligations in connection
with the maintenance guaranty.
(3) Notwithstanding any other provision of this chapter,
no certificate of occupancy shall be issued to the subdivider until
all improvements as shown on the approved improvement plans are installed
and approved by the Borough Engineer, except such permit may be issued:
(a)
On certification in writing by the Borough Engineer that all improvements listed in Subsections
A and
B have been installed or improved; that the best interests of the Borough require a delay for engineering reasons before the subdivider completes the other improvements; and that the subdivider posts a cash bond in the amount approved by the Borough Engineer for that portion of the improvements yet to be completed and maintenance of those completed in the particular section affecting the building in question.
(b)
The subdivider shall notify each homeowner on
forms supplied by the Borough Clerk that he has deposited funds with
the Borough to guarantee the completion and maintenance of the required
improvements and a copy thereof, together with proof of service, shall
be filed with the Borough Engineer. The maintenance guaranty shall
remain in effect for two years from date of approval of the improvement
by the Borough Engineer.
(4) Grading.
(a)
Prior to the issuance of a certificate of occupancy,
the subdivider shall have graded the land of the lot to which the
certificate of occupancy applied, in a manner approved by the engineer
to ensure proper drainage of the lot.
(b)
All lots shall be graded to drain away from
the buildings on the lot. The grading shall be at a minimum slope
of 2%. Where the ground beyond the limits of the above grading rises
in elevation, the grading shall include a swale parallel to the building.
Such swale shall have a minimum slope of 1%. All drainage provisions
shall be of such design so as to adequately handle the surface runoff
and carry it to the nearest suitable outlet.
C. Acceptance of certain public utility improvements.
The provisions of N.J.S.A. 40:55D-53.6 shall apply to any street lighting
required to be installed as a condition of any development approval
on a dedicated public street connected to a public utility.
[Added 6-28-1999 by Ord. No. 8-99]
[Amended by Ord. No. 9-82; Ord. No. 18-87;
Ord. No. 8-88: Ord. No. 4-93]
A. General. The subdivision plat and site plan shall
conform to design standards that shall encourage good development
patterns within the Borough. The subdivision and site plan shall conform
to the proposals and conditions shown in the Master Plan. The streets,
drainage rights-of-way, school sites, public parks and playgrounds
shown on the Master Plan shall be considered. Streets and drainage
rights-of-way shall be shown on the final plat in accordance with
N.J.S.A. 40:55D-38 et seq., and shall be such as to lend themselves
to the harmonious development of the Borough and enhance the public
welfare in accordance with the design standards hereinafter set forth.
B. Streets.
(1) The arrangement of streets shall be such as to provide
for the appropriate extension of, or intersection with, existing streets.
(2) Minor streets shall be so designed as to discourage
through traffic.
(3) Subdivisions abutting through traffic streets shall
provide a marginal service road or reverse frontage with a buffer
strip for planting, or some other means of separation of through and
local traffic as the Planning Board may determine.
(4) The right-of-way width shall be measured from lot
line to lot line and shall be not less than the following:
(a)
Through traffic or arterial streets: 80 feet.
(b)
Collector streets: 60 feet.
(d)
Marginal access streets: 40 feet.
(e)
The right-of-way width for internal roads and
alleys in commercial and industrial development shall be determined
on an individual basis and shall, in all cases, be of sufficient width
and design to safely accommodate the maximum traffic, parking and
loading needs and maximum access for fire-fighting equipment.
(5) The pavement width shall be determined for each case
by the Planning Board, recognizing that, in residential areas, narrow
streets and mountable curbing are preferred.
(6) No subdivision showing reserve strips controlling
access to streets shall be approved except where the control and disposal
of land comprising such strips has been placed in the Borough Council
under conditions approved by the Planning Board.
(7) Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan or the street
width requirements of this chapter shall dedicate by deed, additional
width along either one or both sides of the road if so required by
the Planning Board. If the subdivision is along one side only, 1/2
of the required extra width shall be dedicated, if so required.
(8) Grades of through traffic streets 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 1%.
(9) Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60º. The block
corners at intersections shall be rounded at the property line with
a curve radius of not less than 25 feet.
(10)
Street jogs with center-line offsets of less
than 125 feet shall be prohibited.
(11)
A tangent at least 100 feet long shall be introduced
between reverse curves on through traffic and collector streets.
(12)
When connecting street lines deflect from each
other at any one point by more than 10º and not more than 45º,
they shall be connected by a curve with a center-line radius of not
less than 100 feet for minor streets and 300 feet for through traffic
and collector streets.
(13)
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
(14)
Dead-end streets or culs-de-sac shall provide
a turnaround at the end with a right-of-way radius of not less than
50 feet. If a dead-end street is of a temporary nature, a similar
turnaround shall be provided and provisions made for future extension
of the street and reversion of the excess right-of-way to the adjoining
properties.
(15)
No street shall have a name which shall duplicate
or so nearly duplicate as to be confused with the names of existing
streets. The continuation of an existing street shall have the same
name.
C. Blocks. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter
245, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
D. Lots.
(1) Lot dimensions and area shall not be less than the requirements of Chapter
245, Zoning.
(2) Insofar as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets. New
side lot lines shall be straight from front to rear.
(3) Each lot shall front upon an approved street.
(4) Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra line, and all
setbacks shall be measured from such line.
(5) Where there is a question as to the suitability of a lot(s) for its intended use due to factors such as rock formations, flood conditions, high water table or where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal, or where there exists similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots. (See also Chapter
102.)
(6) No lot may be subdivided so that a new house could
be constructed behind existing houses in the interior of an established
block, or in such a manner that a new lot can meet the required frontage
only by creating a new street, except for a subdivision of more than
three lots.
E. Public use and service areas.
(1) In large-scale developments, easements along rear
property lines or elsewhere for utility installation may be required.
Such easements shall be at least 15 feet wide and located in consultation
with the companies or municipal departments concerned.
(2) Where a 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 with such further width or construction,
or both, as is necessary to protect such waterway, as determined by
the Borough Engineer.
F. Building and design layout. The building and design
layout of buildings and parking areas shall provide an aesthetically
pleasing design and efficient arrangement. Particular attention shall
be given to energy conservation during construction and operation,
safety and fire protection and impact on surrounding development and
contiguous and adjacent buildings and lands. Architectural design
shall be compatible with the environmental and natural characteristics
of the tract. Natural features such as trees, hilltops and views shall
be preserved wherever possible in designing any subdivision containing
such features.
G. Lighting.
(1) Adequate lighting shall be provided to ensure safe
movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the Planning Board. Directional
lights shall be arranged so as to minimize glare and reflection on
adjacent properties.
(2) All parking areas shall be lighted to provide a minimum
of three footcandles at intersections and a total average illumination
of one footcandle throughout the parking area. Such lighting shall
be shielded in such a manner as not to create a hazard or nuisance
to the adjoining properties or the traveling public.
H. Buffering.
(1) Buffering shall be located to minimize headlights
of vehicles, noise, light from structures, the movement of people
and vehicles and to shield activities from adjacent properties when
necessary. Buffering may consist of fencing, evergreens, shrubs, berms,
rocks, boulders, mounds, bushes, deciduous trees or combinations thereof
to achieve the stated objectives. The preservation of natural vegetation
shall be maximized.
(2) Extensive buffers shall be provided on nonresidential
land abutting residential zones or areas.
I. Landscaping.
(1) Landscaping shall be provided as part of the overall
plan design and integrated into building arrangements, topography,
parking and buffering requirements. Landscaping shall include trees,
bushes, shrubs, ground cover, perennials, annuals, plants and the
use of building and paving materials in an imaginative manner and
with maximum use of existing vegetation where grading conditions permit.
(2) A landscaping plan shall be submitted with each site
plan application. The plan shall identify existing and proposed trees,
shrubs, bushes, plant material, ground cover and natural features
such as boulders and rock outcroppings and also utilities. It should
show where they are or will be located and the planting details. When
existing natural growth is proposed to remain, the applicant shall
include in the plans proposed methods to protect the existing trees
and growth during and after construction. These shall include fences,
berms, curbing, tree walls and similar devices. The following principles
should be followed:
(a)
Locate and select landscaping features to provide
for climate control and solar energy usage; for example, shade trees
on the south, of species to shield the hot summer sun, yet permit
the winter sun to filter through.
(b)
Use landscaping to accent and complement buildings;
for example, groupings of tall trees to break up long, low buildings
and lower plantings for taller buildings.
(c)
Provide landscaping in public areas, recreation
sites and adjacent to buildings.
(d)
Consider vines and climbing plants for large
expanses of walls.
(e)
Consider massing trees at critical points rather
than in a straight line at predetermined intervals along streets.
Vary types by neighborhood.
(f)
Use ground cover extensively to prevent erosion.
(g)
Provide for a variety and mixture of landscaping.
The variety should consider susceptibility to disease, colors, season,
textures, shapes, blossoms and foliage.
(h)
Consider local soil conditions and water availability
in the choice of landscaping.
(i)
Consider the impact of any proposed landscaping
plan at various time intervals. Shrubs may grow and eventually block
sight distances. Foundation plants may block out buildings.
(j)
Use fewer large specimens rather than more numerous
smaller ones.
(k)
Use deciduous trees of at least two-inch caliper
at planting. Evergreens should be at least four feet tall, shrubs
at least two feet tall, at planting, except in buffers, where a greater
height may be required. All trees shall be balled and burlapped.
(l)
Provide the following intervals between street
trees depending on the type, if street trees are planted:
|
Type of Tree
|
Planting Interval
(feet)
|
Mature Height
(feet)
|
---|
|
Large trees
|
50 to 70
|
75 and up
|
|
Medium trees
|
40 to 50
|
40 to 75
|
|
Small and ornamental trees
|
20 to 40
|
40 or less
|
(m)
Provide special landscaping treatment at the
site entrances.
(n)
Save unusual specimen trees or trees on slopes
whose root systems function as soil stabilizers by proper design of
the grade. Maximum effort should be made to save clumps of trees rather
than individual ones.
(o)
Landscape at least 5% of the parking area and
install one tree for each 10 spaces. The landscaping should be located
in protected areas, such as along walkways, center islands and at
the end of bays. In narrow islands, use low spreading plants.
In addition to the provisions of this chapter,
all subdivisions which adjoin, include or affect county roads, county
drainage structures or county drainage facilities shall meet the design
standards specified in and required by the County Development Standards;
and subdivision development shall meet the regulations and requirements
of all the land use chapters.
[Added 6-28-1999 by Ord. No. 8-99]
The provisions of N.J.S.A. 40:55D-56 and 40:55D-57
shall apply to any request by a prospective purchaser, mortgagee,
or other person interested in any land which forms a part of a subdivision,
or which formed part of such a subdivision, three years preceding
the effective date of the Municipal Land Use Law, where such request
is for the issuance of a certificate certifying whether or not such
subdivision has been approved by the Planning Board.