Franklin Township Warren County
City Zoning Code
City Zoning Code
ARTICLE VII
Subdivision of Land
§ 90-41 Submission of sketch plat.
A.
Any owner of land within the Township of Franklin shall, prior to subdividing or resubdividing land, as defined in this chapter, submit to the Secretary of the Land Use Board, at least 21 days prior to the regular meeting of the Board, four copies of a completed application form and an original Mylar and 10 copies of the sketch plat of the proposed subdivision for purposes of classification and preliminary discussions and distribution as hereinafter provided for in accordance with § 90-12 of this chapter. The application shall be accompanied by fees and deposits in appropriate amounts as specified in § 90-27 of this chapter.
[Amended 9-28-1987 by Ord. No. 87-9; 1-25-1988 by Ord. No. 88-3; 12-9-2002 by Ord. No. 2002-14]
B.
County Planning Board review. Two additional copies of the sketch plat and application form shall be submitted to and forwarded by the Township Clerk to the County Planning Board in accordance with the Land Development Standards of the County of Warren. The Land Use Board shall not take final action on the sketch plat until receipt of the County Planning Board report or until 30 days have elapsed from the date of referral to the County Board.
[Amended 12-9-2002 by Ord. No. 2002-14]
C.
If the application is classified as a minor subdivision and approved by majority vote of the Subdivision Committee, a notation to that effect shall be made on the plat, which shall then be forwarded to the Chairman of the Land Use Board and Township Clerk for their signatures. One copy of the signed plat shall be returned to the applicant within one week following the next regular meeting of the Land Use Board. No further Land Use Board approval shall be required.
[Amended 12-9-2002 by Ord. No. 2002-14]
D.
Copies.
(1)
Before the Township Clerk returns any approved sketch plat to the subdivider, the subdivider shall have sufficient copies made to furnish one copy to each of the following:
(2)
If the Clerk provides the copies, the cost of the same will be charged to the subdivider, which cost shall be collected before the return of the original sketch plat to the subdivider.
E.
Either a deed description or plat map drawn in compliance with N.J.S.A. 40:55D-47 shall be filed by the subdivider with the County recording officer within 190 days from the date of return of the approved sketch plat.
§ 90-42 Submission of preliminary plat of major subdivision for tentative approval.
A.
At least 10 black-on-white prints of the preliminary plat, together with four completed application forms for preliminary approval, shall be submitted to the Township Clerk/Secretary of the Land Use Board at least 21 days prior to the Land Use Board meeting at which consideration is desired. At the time of filing, a fee shall be paid to the Township of Franklin as specified in § 90-27 of this chapter to cover the costs of publishing the notice and of notifying the persons concerned of the pending hearing on said subdivision. The Township Clerk shall immediately notify the Secretary of the Land Use Board upon receipt of a preliminary plat.
[Amended 1-25-1988 by Ord. No. 88-3; 12-9-2002 by Ord. No. 2002-14]
B.
County Planning Board review. Two additional copies of the preliminary plat and application form shall be submitted to and forwarded by the Township Clerk to the County Planning Board in accordance with the land development standards of the County of Warren. The Land Use Board shall not act on the preliminary plat until receipt of the County Planning Board report or until 30 days have elapsed from the date of referral to the County Board.
[Amended 12-9-2002 by Ord. No. 2002-14]
C.
Hearing. The Land Use Board shall set the time and date of a public hearing on the preliminary application. The applicant shall cause notice of the hearing to be published in the official newspaper of the municipality or in a newspaper of general circulation in the municipality at least 10 days prior to the hearing. The cost of said notice shall be paid by the applicant. The applicant shall also mail notice of the hearing, at least 10 days prior thereto, addressed to the owners, as their names appear on the municipal tax record, of all property within 200 feet of the extreme limits of the subdivision. The notice of hearing shall contain a brief description of the property involved, a statement as to its location, a list of the maps and other documents to be considered and a summary statement of the matters to be heard. Copies of the maps and other documents to be considered at the hearing shall be filed in the office of the Township Clerk. Such copies shall be made available at such office for public inspection. Adequate proof of compliance with this subsection shall be furnished by the applicant prior to the hearing.
D.
Copies of the preliminary plat shall be forwarded by the Township Clerk prior to the hearing to the following persons:
E.
Prior to granting tentative approval to a preliminary plat, the applicant shall furnish the Land Use Board with the following certifications:
[Amended 12-9-2002 by Ord. No. 2002-14]
(1)
Certification from the Board of Health of the Township of Franklin approving the method and type of sewage disposal and water supply.
(2)
Where water and sewage service is to be obtained from a municipally owned system, certification from the appropriate agency that it has consented to supply such service.
(3)
Where water or sewage service is to be obtained from other than a municipally owned system, certification from the appropriate agency that it has consented to such method of service and copies of all agreements from private utilities undertaking to provide such services, if the same are not to be supplied by the applicant.
F.
The Land Use Board shall act on the preliminary plat within the time limits set forth in § 90-11, but in no case before the expiration of the thirty-day period within which the County Planning Board may submit a report on said subdivision. In all cases, the recommendations of the County Board shall be given careful consideration in the final decision of the local Land Use Board. If the County Planning Board has approval authority pursuant to N.J.S.A. 40:27-12,[1] as amended, supplemented and in effect, its action shall be noted on the plat and, if disapproved, two copies of the reasons for disapproval shall be returned with the plat. If either the Land Use Board or County Planning Board disapprove a plat, the reasons for disapproval shall be remedied prior to further consideration. The person submitting a plat shall be notified of the action of the Land Use Board within the time limits set forth in § 90-11 of this chapter. If approval is required by any other officer or public body, the same procedure as applies to submission and approval by the County Planning Board shall apply.
[Amended 12-9-2002 by Ord. No. 2002-14]
[1]
Editor's Note: This provision was repealed by L. 1968, c. 285, § 22, effective 12-31-1969.
G.
If the Land Use Board acts favorably on a preliminary plat, the Chairman of the Land Use Board shall affix his signature to the plat with a notation that it has received tentative approval and return it to the subdivider for compliance with final approval requirements.
[Amended 12-9-2002 by Ord. No. 2002-14]
H.
Tentative approval shall confer upon the applicant the following rights for a three-year period from the date of approval, as authorized in N.J.S.A. 40:55D-49:
[Amended 9-28-1987 by Ord. No. 87-8]
(1)
That the general terms and conditions under which the tentative approval has been granted will not be changed.
(2)
That said applicant may submit, on or before the expiration date, the whole or part or parts of said plat for final approval.
(3)
That the applicant may apply for and the Land Use Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
[Amended 12-9-2002 by Ord. No. 2002-14]
§ 90-43 (Reserved) [1]
[1]
Editor's Note: Former § 90-43, Improvements or guaranties prior to final approval, was repealed 10-14-1991 by Ord. No. 91-6.
§ 90-44 Submission of final plat of major subdivision.
A.
The final plat shall be submitted to the Land Use Board for final approval within three years from the date of tentative approval of the preliminary plat. The Land Use Board shall act upon the final plat within the time limits set forth in § 90-11.
[Amended 12-9-2002 by Ord. No. 2002-14]
B.
The original tracing, one translucent tracing cloth copy, two cloth prints, nine black-on-white prints and three copies of the application form for final approval shall be submitted to the Secretary of the Land Use Board at least 21 days prior to the date of a regular Land Use Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Land Use Board.
[Amended 1-25-1988 by Ord. No. 88-3; 12-9-2002 by Ord. No. 2002-14]
C.
The application shall be accompanied by fees and deposits in appropriate amounts as specified in § 90-27.
D.
County Planning Board review. Two additional copies of the final plat and application shall be submitted to and forwarded by the Township Clerk to the County Planning Board in accordance with the land development standards of the County of Warren. The Land Use Board shall not take final action on the final plat until receipt of the County Planning Board report or until 30 days have elapsed from the date of referral to the County Board.
[Amended 12-9-2002 by Ord. No. 2002-14]
F.
Letters required prior to final approval. Prior to final approval, the Land Use Board shall have received the following:
[Amended 12-9-2002 by Ord. No. 2002-14]
(2)
A letter from the Township Engineer stating that the required improvements have been installed to his satisfaction and in accordance with applicable Township specifications and that the performance guaranty is adequate to cover the cost of remaining improvements.
(3)
A letter from the applicant's engineer stating that the final plat conforms to the preliminary plat, as submitted and approved.
G.
Time limitation. The Land Use Board shall act on the final plat within the time set forth in § 90-11 or within a mutually agreed upon extension of time, but in no event shall final action be taken prior to the expiration of the thirty-day time period within which the County Planning Board may submit a report. The action of the Land Use Board shall be noted on the plat and signed by the Chairman and Secretary of the Board. Failure to act within the allotted time shall constitute approval, and the Township Clerk shall issue a certificate to that effect.
[Amended 12-9-2002 by Ord. No. 2002-14]
H.
Distribution of copies. After final approval, one translucent tracing and one cloth print shall be filed with the Township Clerk. The original tracing and one cloth print shall be returned to the subdivider. Copies of the final plat shall also be filed by the Land Use Board with the following:
[Amended 12-9-2002 by Ord. No. 2002-14]
I.
Filing.
(1)
Approval of a minor subdivision shall expire 190 days from the date of approval, unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law[2] or a deed clearly describing the approved minor subdivision is filed by the developer with the County recording officer, the Municipal Engineer and the Municipal Tax Assessor.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9.
(2)
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 Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.
J.
No plat shall be offered for filing to the County recording officer unless it has been duly approved by the Township of Franklin Land Use Board and signed by the Chairman and by the Secretary of the Board.
[Amended 12-9-2002 by Ord. No. 2002-14]
§ 90-45 Plat and plan details.
[Amended 10-31-1988 by Ord. No. 88-9]
All plats filed with the municipality for review and/or approval pursuant to this chapter shall contain or be accompanied by the information required by the checklists called for by § 90-26.1 of this chapter. The following subsections explain those requirements:
A.
Residential cluster details. In the case of an application for a subdivision utilizing the cluster options provided in this chapter, the following additional details or information shall be submitted:
(1)
The amount and location of common open spaces to be provided.
(2)
The location and description of any common facilities to be provided.
(3)
A description of the organization to be established for the ownership and maintenance of any common open space and common facilities in accordance with § 90-56C(6).
[1]
Editor's Note: Former Subsection A(4), added 6-12-1989 by Ord. No. 89-6, which dealt with concept plans and which immediately followed this subsection, was repealed 8-24-1992 by Ord. No. 92-6 and 8-8-1994 by Ord. No. 94-6.
B.
Stormwater management plan. The project drainage report or stormwater management plan shall include the following:
(1)
Description of the site hydrologic characteristics and watershed parameters and identification of significant design considerations.
(2)
Watershed map, including delineation and areas of on-tract watersheds and off-tract watersheds affecting the project site.
(3)
Designation of critical areas, areas to be left undisturbed, wetlands, floodplains, moderate and steep slopes in accordance with the standards set forth in this chapter, watercourses and karst features.
[Amended 6-10-1996 by Ord. No. 96-9; 10-1-2007 by Ord. No. 2007-16]
(4)
Computations for:
(a)
Stormwater management program, including total surface runoff under predevelopment and postdevelopment conditions.
(b)
Detention basin design, where applicable, including computer routings, for two-, ten-, fifty- and one-hundred-year frequencies, utilizing either the modified rational method of the United States Department of Agriculture Soil Conservation Service TR-55 methodology.
(c)
Pipe and inlet capacities.
(d)
Channel or swale improvements.
(e)
Riprap sizing.
(f)
Soil erosion and sediment control provisions.
(5)
Copy of the New Jersey Department of Environmental Protection stream encroachment permit application, if applicable.
C.
Development impact statement. Where required, the development impact statement shall consist of sufficient information to enable the Land Use Board to assess the foreseeable impact of the proposed development upon both the natural and man-made environment, including but not limited to sewage disposal, water supply, soil erosion, vegetation, watercourses, air resources, solid waste disposal, pedestrian and vehicular traffic, existing and anticipated development, noise, municipal and quasi-public services and expenditures, and aesthetics. The Land Use Board shall withhold approval of any development submitted hereunder unless it determines that no harmful effects will result to an undue degree from the proposed development or for any future proposals. To assist the Land Use Board in its evaluation of the proposed project, the development impact statement submitted by the applicant shall, at the discretion of the Land Use Board include data and information as follows:
[Amended 6-10-1996 by Ord. No. 96-9; 12-9-2002 by Ord. No. 2002-14]
(1)
Sewerage facilities. It must be shown that sewage can be disposed of through facilities adequate to preclude water pollution.
(a)
Compliance with state and municipal Board of Health regulations.
(b)
If disposal is on-site, data as required by New Jersey Department of Environmental Protection regulations and the checklists of this chapter on underlying geology, soils analysis and percolation tests.
(c)
If disposal is off-site, plant design capacity, monthly average flows for the preceding 12 months, information on any pending action against the plant, capacity of the plant to treat industrial or commercial water, if applicable, receiving water quality standards, stream quality data from state, federal or private sources, stream flow (minimum over seven-consecutive-day flow with a frequency of occurrence of 10 years), contemplated plans for the treatment facility (local plans and state or regional planning policy) and flows expected from any other approved subdivision which are dependent upon the sewage treatment facilities in question.
(2)
Water supply. It must be shown that an adequate potable water supply can be assured.
(a)
Compliance with state and local regulations.
(b)
If the supply is from public facilities off-site, including private water companies, the amount of diversion granted by the New Jersey Department of Environmental Protection (maximum gallons of water pumped during any month), present diversion (maximum gallons of water pumped during the past 24 months) and diversions granted by the New Jersey Department of Environmental Protection.
(c)
If the supply is from on-site resources:
[1]
Realty improvements applicable to fewer than 50 dwelling units. Location and depth of all private and public water supplies within 500 feet of the realty improvement; location, depth and adequacy of supply for the proposed realty improvement; and geologic description of subsurface conditions, including expected groundwater yields (using published geologic reports or report by a qualified geologist).
[2]
Realty improvements applicable to more than 50 dwelling units. Preliminary subdivision approval will not be granted until the New Jersey Department of Environmental Protection certifies that the proposed water supply and sewage disposal facilities are adequate.
(3)
Drainage. It must be shown that stormwater runoff from the site is so controlled that on-site erosion is not caused, the potential for downstream flooding is not aggravated and karst features will not be adversely affected. A stormwater management plan prepared to satisfy § 90-45B shall be submitted, together with the following:
(a)
Stream encroachment. In cases where a stream encroachment permit is required from the New Jersey Department of Environmental Protection, details of the application shall be discussed and disclosed.
(b)
Floodplains. A description of potential flood damages, including a summary of flood stages from state and federal sources, shall be submitted.
(4)
Solid waste disposal. A plan for disposal of solid waste by means of a facility operating in compliance with the State Sanitary Code shall be submitted.
(5)
Air pollution. It must be shown that no visible smoke or deleterious chemical changes are produced in the atmosphere by heating or incinerating devices or by any processing materials.
(6)
Critical impact areas. Plans should include any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment. It must be shown how said adversity will be minimized pursuant to a plan approved by the Land Use Board.
(a)
Critical impact areas include but are not limited to stream corridors, streams, floodplains, wetlands, estuaries, slopes 25% or greater, highly acid or highly erodible soils, areas of high-water table, mature stands of native vegetation, aquifer recharge and discharge areas and the Carbonate Area District as established by § 90-72C of this Code.
[Amended 10-1-2007 by Ord. No. 2007-16]
(b)
A statement of impact upon critical areas and of adverse impacts which cannot be avoided.
(c)
Environmental protective measures, procedures and schedules to minimize damage to critical impact areas.
(d)
A list of all licenses, permits and other approvals required by municipal, County or state regulations and the status of each.
(e)
A listing and qualification of all adverse environmental impacts noting any that cannot be avoided.
(f)
An assessment of the environmental impact of the project.
(g)
A listing of steps proposed to minimize environmental damage to the site and region during construction and operation.
(7)
Traffic and circulation. It must be shown that public traffic arteries have adequate capacities to accommodate the traffic to be generated by the proposed project at an acceptable level of service and that safe, convenient and adequate circulation and parking is provided for the site.
(a)
Existing twenty-four-hour and peak-hour traffic volumes on all critical arteries affected by count taken with 12 months preceding the date of the application.
(b)
Projected twenty-four-hour and peak-hour traffic generated by the proposed project.
(c)
Capacity analyses of critical arteries affected.
(d)
Accident data of critical arteries affected.
(e)
Speed and delay of critical arteries affected.
(f)
Description of any off-site improvements made necessary to avert traffic hazards and maintain an acceptable level of service on public thoroughfares by traffic generated by the proposed project.
(8)
Municipal and quasi-public services. It must be shown how the development will impact on municipal and quasi-public services, including but not limited to schools, road maintenance, fire protection, police protection and similar municipal and quasi-public services. The plan must make appropriate provision for those services.
(9)
Economic analysis. It should be shown how the demands placed upon the municipal resources by the proposed development can be offset by anticipated revenues.
(a)
Projected population increases resulting from the proposed development.
(b)
Age and other characteristics of the projected population.
(c)
Estimated demand upon municipal services, such as educational facilities, garbage collection and municipal administration, and the cost to the Township of providing such services.
(10)
Any and all other information and data necessary to meet any of the requirements of this chapter not listed above.
(11)
Notwithstanding the foregoing, the Land Use Board at the request of the applicant, waive the requirement for an impact statement if sufficient evidence is submitted to support a conclusion that the proposed development will have slight or negligible development impact. Portions of such requirement may likewise be waived upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of the particular project.
D.
Geologic investigation. All applicants filing for major subdivision approval, conditional use approval or site plan approval (except minor site plans) shall undertake a geologic investigation program. All applicants shall complete the Phase I Geologic Investigation Checklist.[2] Submission of the Phase II Investigation Plan shall be based on the recommendation of the Township Geotechnical Consultant (TGC), which recommendation shall be based on the purposes of this chapter as set forth in § 90-72A.
[Added 6-10-1996 by Ord. No. 96-9]
[2]
Editor's Note: Said checklist is located at the end of this chapter as Checklist Addendum H.
E.
Geotechnical details.
[Added 6-10-1996 by Ord. No. 96-9]
(1)
The location of all sinkholes, disappearing streams or other karst features shown on documents submitted under the Phase I and/or Phase II Geologic Investigations shall be drawn on all preliminary and final plats and site plans. The plats shall also note any site remediation techniques to be utilized to stabilize any solution channels or subsidence karst features. Where applicable, all final subdivision plats shall contain the following wording:
"Block _____ Lot _____ is underlain by limestone formations. Limestone formations are susceptible to surface collapse (or sinkholes) and subsidence caused by the physical erosion and chemical alteration of the soil and bedrock. In limestone areas the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading and the contamination of ground and surface waters. The exact kinds of sinkholes and/or subsidence is not always predictable. Despite any geologic investigation or geotechnical evaluation which may have been required in connection with the approval of this subdivision, there is no warranty, finding, guarantee or assurance that a sinkhole and/or subsidence will not occur on the property in this subdivision. The municipality, its agents, consultants and employees assume no liability for any damages which may result from sinkhole activity. All persons should always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials." |
(2)
A declaration of covenants and restrictions shall be filed in the office of the County Clerk at the same time as the filing of the final plat specifying which lots are so affected and containing similar language.
§ 90-46 Required improvements.
A.
Prior to the granting of final approval of any major subdivision or site plan, the subdivider shall have installed all required improvements or provided and posted a performance guaranty pursuant to § 90-28. All improvements shall be subject to approval and inspection by the Township Engineer, who shall be notified by the developer at least seven days prior to the start of construction of any improvement. No underground installation shall be covered until inspected and approved.
[Amended 10-14-1991 by Ord. No. 91-6]
B.
Streets and pavements. The subdivider shall design and construct streets and pavements meeting applicable Township ordinances for the improvement of streets or such other specifications as may be required by the Township Engineer where circumstances so require.
C.
Curbs. Portland cement concrete curbs shall be constructed along the edge of all paved areas in accordance with the specifications as called for in the State Department of Transportation Green Book, 1961, as amended, and the dimensions of the curbing shall be 8 inches by 9 inches by 20 inches, except in those specific instances where this requirement in its entirety is expressly waived by the Land Use Board.
[Amended 12-9-2002 by Ord. No. 2002-14]
D.
Sidewalks. The subdivider shall construct concrete sidewalks for residential and commercial areas, but the Land Use Board may waive the sidewalk requirement for low-density residential areas. Sidewalk paving shall not be less than four feet wide. The Land Use Board may require wider pavements in high-density areas and in commercial areas. The location of sidewalk relative to planting strips shall be at the discretion of the Land Use Board. Materials and construction methods shall be in conformance with the specifications of the New Jersey State Highway Department.
[Amended 12-9-2002 by Ord. No. 2002-14]
E.
Storm drains and culverts. All streets shall be provided with sufficient catch basins, storm sewers, culverts and other drainage appurtenances for the proper drainage of the area in the light of existing and future conditions with final disposition to an existing natural watercourse of adequate capacity for said purpose. All such installations shall be constructed in accordance with applicable Township ordinances or such other specifications as may be required by the Township Engineer where circumstances so require. Storm drainage features shall be based on a minimum twenty-five-year frequency curve or greater if required by the Township Engineer, and said drainage facilities shall in all respects be subject to approval of the Township Engineer.
F.
Monuments. Monuments shall be of the size and shape required by N.J.S.A. 46:23-9.11 and shall be placed in accordance with said statute.
G.
Street name signs. Street name signs shall be placed at all street intersections within the subdivision. Such signs shall be of a type approved by the Township of Franklin and shall be placed in accordance with the standards of the Township of Franklin. Streets shall be named in accordance with the provisions of § 90-48B(9).
[Amended 9-28-1987 by Ord. No. 87-9]
H.
Streetlighting. The subdivider shall be responsible for the installation of streetlighting facilities as approved by the Land Use Board and in accordance with the standards of the Township of Franklin.
[Amended 12-9-2002 by Ord. No. 2002-14]
I.
Topsoil protection. Topsoil which shall be removed in the course of regrading a subdivision shall not be used as spoil or removed from the subdivision site. Such topsoil shall be redistributed as to provide at least six inches of cover on areas to be used as building sites from which topsoil was removed and shall be stabilized by seeding or planting.[1]
J.
Shade tree shall be located within the street right-of-way in such a manner as not to interfere with utilities or sidewalks and shall be one of the following types: Sugar maple (Acer saccharum), Red maple (Acer rubrum), European plane (Platanus orientalis) or such other type which is native to the region as may be approved by the Land Use Board. Said trees shall be spaced 50 feet apart, and there shall be at least one shade tree in front of each lot. In addition, at least two shade trees shall be installed in the front yard of each lot unless at least two trees already exist on the lot.
[Amended 12-9-2002 by Ord. No. 2002-14; 10-1-2007 by Ord. No. 2007-16]
K.
Sanitary sewers.
(1)
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, the costs thereof to be borne by the subdivider. All such installations of sewer mains and connections shall be constructed in conjunction with the specifications and requirements of the Township of Franklin and shall be subject to the approval of the Township Engineer.
(2)
Where a public sanitary sewer system is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required, the subdivider may be required by the Land Use Board to install within the subdivision a complete sewer pipe system, including provision for connection thereto at each lot, provided that there is reliable information to indicate that connection of the development to a public sanitary sewerage system can be anticipated within a reasonable period of time. Under such circumstances, the subdivider shall be required to install individual sewage disposal systems for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the requirements of the State Department of Environmental Protection and the Board of Health of the Township of Franklin. Such sewer pipe systems shall be constructed in accordance with the requirements of the Township of Franklin and shall be subject to the approval of the Township Engineer. The Land Use Board may require the installation of said house sewer service connection to the curbline, at which point the same shall be capped.
[Amended 12-9-2002 by Ord. No. 2002-14]
L.
Percolation tests. Where a public sanitary sewer is not accessible, the subdivider shall furnish to the Land Use Board proof that acceptable percolation tests and soil logs have been obtained on each of the proposed new building lots. At least two passing percolation tests and one soil log will be required on each lot. The two passing percolation tests shall be located between 20 and 40 feet apart; the one soil log shall be located between the two passing percolation tests and no further than 30 feet from either percolation test. The subdivider shall submit the results of all percolation tests and soil logs, whether acceptable or failing, performed at each proposed building lot. Tests shall be performed in accordance with Standards for the Construction of Individual Subsurface Sewage Disposal Systems, promulgated pursuant to P.L. 1954, c. 199, as amended.[2] by the New Jersey Department of Environmental Protection as well as other applicable ordinances of the Township of Franklin.
[Amended 3-30-1987 by Ord. No. 87-4; 12-9-2002 by Ord. No. 2002-14]
[2]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
M.
Water supply.
(1)
When, in the opinion of the Land Use Board, a public water supply system is accessible for the subdivision, then each lot within the subdivision shall be provided with water supplied by said water supply system. All facilities for said system shall be installed pursuant to and in accordance with the provisions of the ordinance regulating the distribution and use of water of the Township of Franklin[3] and all ordinances pertaining thereto under the supervision of the Township Engineer.
[Amended 12-9-2002 by Ord. No. 2002-14]
(2)
In the event that a public water system is not available to supply the proposed subdivision, the subdivider shall construct a private water supply system in such manner that an adequate supply of potable water will be available to each lot within the subdivision at the time improvements are erected thereon and so that such system can be incorporated within the public supply system when and if it shall become available. The water treatment and distribution system shall be constructed and installed in conformity with the ordinance regulating the distribution and use of water of the Township of Franklin, under the direct control and approval of the Township Engineer. The adequacy, healthfulness and potability of the private water supply system shall be subject to the approval of the Franklin Township Board of Health and the State Department of Environmental Protection, when such approval is required. The developer shall file with the Township Clerk a map of said water supply and distribution system adequately locating the same.
N.
Fire-fighting systems. Fire-fighting systems shall be installed in all subdivisions in accordance with § 90-48H.
[Amended 4-30-1990 by Ord. No. 90-5]
O.
Electric, telephone and Community Antenna Television (CATV) service. Except as otherwise provided in the regulations of the Board of Public Utility Commissioners, in all major subdivisions, electric and telephone facilities shall be installed underground and, where applicable, in accordance with the latest requirements of said Board. Arrangements for such underground installation shall be made with the appropriate utility companies.
P.
Easements. Easements of a width sufficient to allow proper maintenance shall be provided for the installation of all drains, storm drains, pipelines, gas mains, etc. Said easements shall be dedicated to the municipality by approved legal procedure.
Q.
Damage to other property. In installation improvements, the developer shall avoid causing damage to the property of the Township of Franklin or of others and shall assume responsibility for all such damage caused by his work.
R.
Performance and maintenance guaranties.
(1)
Performance guaranty. Prior to any construction of any improvements required by any preliminary or final major subdivision or site plan, a written agreement between the subdivider and the Township shall be executed, which agreement shall set forth all of the terms and conditions under which improvements are to be installed and establish a schedule of completion dates and period for completion of all improvements, which period shall not exceed two years. The agreement shall also provide for the deposit with the Township of inspection fees in accordance with § 90-27C of this Code.
[Amended 10-14-1991 by Ord. No. 91-6; 12-28-1998 by Ord. No. 98-17]
(2)
Time of guaranty. The performance guaranty shall run for a term not to exceed 18 months from the date of approval. With the consent of the principal, the performance guaranty may be extended by the governing body after recommendation by the Land Use Board by resolution for an additional period not exceeding 18 months.
[Amended 12-9-2002 by Ord. No. 2002-14]
(3)
Reduction and release of performance guaranty. Performance guaranties may be reduced or released in accordance with the procedures established pursuant to the provisions of N.J.S.A. 40:55D-53.
(4)
Maintenance guaranty. Prior to release of the performance guaranty or portion thereof, the subdivider shall file a maintenance guaranty amounting to 15% of the cost of all improvements to guarantee that the completed improvements will be maintained for a stated period not to exceed two years. Said maintenance guaranty shall be reviewed by the Land Use Board and the Township Engineer and approved by the Township Attorney as to form, sufficiency and execution and approved by the Township Committee.
[Amended 12-9-2002 by Ord. No. 2002-14]
(5)
As-built plans. Prior to release of the performance guaranty or portion thereof and prior to the filing of the maintenance guaranty, the subdivider shall file with the Township Clerk as-built plans and profiles of all utilities and roads. The original tracing and three black-and-white prints of the plan shall be filed. The Clerk shall retain the original tracing and one print and forward one print to the Land Use Board and one print to the Township Engineer.
[Amended 12-9-2002 by Ord. No. 2002-14]
S.
Agreement. Prior to any construction and coincident with the furnishing of the performance guaranty by the developer, there shall be drafted an agreement between the developer and the Township of Franklin incorporating all of the terms and conditions of approval imposed by the Land Use Board. Implicit in every preliminary approval and part of each such agreement shall be the agreement of the developer to:
[Amended 12-9-2002 by Ord. No. 2002-14]
T.
Geotechnical improvements. The geotechnical improvements required by §§ 90-72 and 90-48J to address site specific karst/solution features shall be installed or bonded. Inspection of these improvements shall be under the supervision of the Township Engineer in conjunction with the Township Geological Consultant and, if necessary, in the opinion of the Township Engineer, a Township Geotechnical Engineer as designated by the Township Engineer.
[Added 6-10-1996 by Ord. No. 96-9]
§ 90-47 Off-tract improvements.
[Amended 10-31-1988 by Ord. No. 88-9]
A.
The Land Use Board may require as a condition for approval of a subdivision or site plan that a developer pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewage and drainage facilities and easements therefor which are located outside the property limits of the subdivision or development, as the case may be, but are necessitated or required by construction or improvements within such subdivision or development. The Land Use Board shall determine in the course of review of any such application whether or not any contribution for an off-tract improvement shall be required.
[Amended 12-9-2002 by Ord. No. 2002-14]
B.
Estimate of cost and benefits. If an off-tract improvement is required, the Land Use Board shall, with the aid of the Township Engineer and such other persons as have pertinent information or expertise, estimate:
[Amended 12-9-2002 by Ord. No. 2002-14]
C.
Manner of construction. When those estimates are received, the Township Committee shall then decide whether the off-tract improvement is to be constructed:
D.
Amount of contribution. When this has been determined, the subdivider may be required to provide, as a condition for final approval of the subdivision, a cash deposit to the Township of one of the following amounts:
(1)
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 subdivision property, will be specially benefited by the off-tract improvement.
(2)
If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection D(1), the estimated amount by which the subdivision will be specially benefited by the off-tract improvement.
(3)
If the improvement is to be constructed by the subdivider, an amount equal to the estimated cost of the off-tract improvement less an offset for benefits to properties other than the subdivision.
E.
Allocation of costs. The allocation of costs shall be determined in accordance with the following:
(1)
The Land Use Board may consider the total cost of the off-tract improvements, the benefits conferred upon the subdivision, the needs created by the subdivision, population and land use projections for the general areas of the subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the conditions and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. The Land Use Board may further consider the criteria set forth below.
[Amended 12-9-2002 by Ord. No. 2002-14]
(2)
Road, curb and sidewalk improvements may be based upon the anticipated increase of traffic generated by the subdivision. In determining such traffic increase, the Land Use 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 subdivision and the anticipated benefit thereto.
[Amended 12-9-2002 by Ord. No. 2002-14]
(3)
Drainage facilities may be based upon the percentage relationship between the subdivision acreage and the acreage of the total drainage basins involved.
(4)
Sewerage facilities may be based upon the proportion that the subdivision's total anticipated volume of sewage effluent bears to the existing capacity of existing and projected sewage disposal facilities, including but not limited to lines and other appurtenances leading to and servicing the subdivision. The Land Use Board may also consider types of effluent and particular problems requiring special equipment or added costs for treatment.
[Amended 12-9-2002 by Ord. No. 2002-14]
(5)
Water supply and distribution facilities may be based upon the added facilities required by the total anticipated water use requirements of the subdivision.
F.
Payment of allocated cost.
(1)
The estimated cost of the off-tract improvement allocated to the subdivider, if deposited in cash, shall be paid by the subdivider 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.
(2)
In the event that the payment by the subdivider to the Township Treasurer provided for herein is less than his share of the actual cost of the off-tract improvements, then he shall be required to pay his appropriate share of the cost thereof.
(3)
In the event that the payment by a subdivider 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.
(4)
If the subdivider shall deem that any of the amounts so estimated by the Land Use Board are unreasonable, he may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision approval.
[Amended 12-9-2002 by Ord. No. 2002-14]
(5)
If the subdivider and the Township cannot agree with respect to the subdivider'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, if the off-tract improvement is constructed as a local improvement, the dispute shall be decided in an appropriate judicial proceeding or proceedings.
G.
Assessment of properties. Upon receipt from the subdivider of his allocated share of the costs 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 a subdivider may be assessed against benefiting property owners by the Township. Any assessments for benefits conferred made against the subdivider 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 subdivider or his successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds his pro rata share credit for his deposit, and then only to the extent of the deficiency.
H.
Credit for work performed. In the event that the subdivider, with Township 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 future assessment for that particular off-tract improvement or portion thereof constructed by the Township in the same manner as if the subdivider had deposited his apportioned cost with the Township Treasurer, as provided herein.
I.
Installation of improvements by applicant.
(1)
At the discretion and option of the Township, the Township may enter into a contract with the subdivider providing for the installation and construction of the off-tract improvements by the subdivider upon contribution by the Township of the remaining unallocated portion of the cost of the off-tract improvement.
(2)
In the event that the Township so elects to contribute to the cost and expense of installation of the off-tract improvements by the subdivider, 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.
J.
Design standards. Should the subdivider and the Township enter into a contract for the construction and erection of the off-tract improvements to be done by the subdivider, he shall observe all requirements and principles of the Land Subdivision Ordinance and other ordinances in the design of such improvements.
§ 90-48 Design standards.
A.
General requirements. The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
(1)
Development pattern. The subdivision plat shall conform to design standards that will encourage good development patterns within the Township.
(2)
Conformance to Master Plan and Official Map. Where either or both an Official Map or Master Plan have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in the approval of subdivision plats.
(3)
Further conformance. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with the applicable statutes of New Jersey and shall be such as to lend themselves to the harmonious development of the Township.
B.
Streets.
(1)
General standards.
(a)
The arrangements of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets at the same width, but in no case at less than the required minimum width.
(b)
New minor streets shall be so designed as to discourage through traffic, but the subdivider shall give adequate consideration to provision for the extension and continuation of major and collector streets into and from adjoining properties.
(c)
For marginal access in subdivisions that abut arterial streets and such other streets or portions of streets as the Land Use Board may designate on the Master Plan, the Land Use Board may require provision for marginal access roads, reverse frontage lots with buffer strips for planting or other design methods for the purpose of separating through and local traffic.
[Amended 12-9-2002 by Ord. No. 2002-14]
(d)
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 governing body under conditions approved by the Land Use Board.
[Amended 12-9-2002 by Ord. No. 2002-14]
(e)
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this section shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, one-half (1/2) of the required extra width shall be dedicated.
(f)
Streets shall be laid out in locations where they will not adversely affect significant karst features.
[Added 6-10-1996 by Ord. No. 96-9]
(2)
Street widths. Street right-of-way and cartway (pavement) widths shall be designed according to the following minimum schedule:
[Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
Class of Street | Right-of-Way Width (feet) | Cartway Width (feet) | ||
|---|---|---|---|---|
Local collector | 60 | 28 (Interim*) 36 (Ultimate**) | ||
Minor local | 50 | 22 (Interim*) 30 (Ultimate**) | ||
Service road | 22 | 22 | ||
Marginal access | 50 | 30 | ||
Permanent cul-de-sac diameter | ||||
Parking allowed | 120 | 100 | ||
No parking | 100 | 80 | ||
Minor private road | ||||
Serving 1 home | 50 | 12 | ||
Serving up to 6 homes | 50 | 18 | ||
NOTES: *Four-foot wide graded shoulders; some drainage improvements. **Curbed with complete drainage improvements; curbs shall consist of Belgian block or concrete. |
(3)
(4)
(5)
(6)
Intersections.
(a)
Streets shall intersect as nearly as possible at right angles, and no street shall intersect another at an angle of less than 60°.
(b)
No more than two streets shall intersect at the same point.
(c)
Streets intersecting another street shall either intersect directly opposite to each other or shall be separated by at least 200 feet between center lines, measured along the center line of the cross street. Greater offset may be required by the Land Use Board depending on the importance of the cross street.
[Amended 12-9-2002 by Ord. No. 2002-14]
(d)
Intersections shall be approached on all sides by a straight leveling area, the grade of which shall not exceed 4% within 50 feet of the intersection's nearest right-of-way lines.
(e)
Intersections with major streets shall be located not less than 800 feet apart, measured from center line to center line, along the center line of the major street.
(g)
Street right-of-way lines shall be parallel to (concentric with) curb arcs at intersections.
(7)
Sight distance at intersections. Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision-obstruction object shall be permitted which obscures vision above the height of 24 inches measured from the center-line grade of intersecting streets. Such triangles shall be established from a distance of 75 feet from the point of intersection of the street lot lines.
(8)
Cul-de-sac streets.
(a)
Dead-end streets are prohibited, unless designed as cul-de-sac streets.
(b)
Any street dead-ended for access to an adjoining property is of a temporary nature, and an all-weather turnaround shall be provided within the subdivision, and provisions shall be made for future extension of the street and reversion of the excess right-of-way to the adjoining properties; and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.
(c)
Cul-de-sac streets, permanently designed as such, shall not exceed 600 feet in length.
(d)
The center-line grade on a cul-de-sac shall not exceed 10%.
(e)
All culs-de-sac, whether permanently or temporarily designed as such, shall be tangent, whenever possible, to the right side of the street and be provided at the closed end with a fully paved turnaround:
[1]
If parking will be prohibited on the turnaround, the minimum radius to the pavement edge or curbline shall be 40 feet, and the minimum radius of the right-of-way line shall be 50 feet.
[2]
If parking will be permitted on the turnaround, the minimum radius to the pavement edge or curbline shall be 50 feet, and the minimum radius of the right-of-way line shall be 60 feet.
(f)
Drainage of cul-de-sac streets shall preferably be towards the open end.
(9)
Street names. No street shall have a name which will 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.
(1)
General standards.
(a)
Block shall have a maximum length of 1,200 feet and a minimum length of 300 feet.
(b)
Where practicable, blocks along collector streets shall not be less than 1,000 feet long.
(c)
In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection.
(d)
In the design of blocks longer than 1,000 feet, pedestrian walks may be required. Such crosswalks shall have a width of not less than 12 feet and a paved walk of not less than six feet in width.
(2)
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except:
(3)
Blocks in commercial and industrial areas may vary from the elements of design detailed above if required by the nature of the use. In all cases, however, adequate provision shall be made for off-street parking and loading areas, as well as for traffic circulation and parking for employees and customers.
D.
Lots and parcels.
(1)
Lot dimensions and area shall not be less than specified by the provisions of the Zoning Ordinance (Article VIII of this chapter).
(2)
Lots shall be of size, shape and orientation appropriate for the type of development and use contemplated.
(3)
Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines.
(4)
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.
(5)
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, high-water table and karst features, where percolation tests or test borings show ground conditions to be inadequate for proper sewage disposal or similar circumstances, the Land Use Board may, after adequate investigation, withhold approval of such lots.
[Amended 6-10-1996 by Ord. No. 96-9; 12-9-2002 by Ord. No. 2002-14]
(6)
All lots shall have direct access to a public street.
(7)
Double- or reverse-frontage lots shall be avoided except where required to provide separation of residential uses from major streets or to overcome specific disadvantages of topography or orientation.[1]
[1]
Editor's Note: Former Subsection D(8), added 6-12-1989 by Ord. No. 89-6, which dealt with the maximum number of lots in residential cluster developments and which immediately followed this subsection, was repealed 8-24-1992 by Ord. No. 92-6 and 8-8-1994 by Ord. No. 94-6.
E.
Storm drainage.
(1)
Storm sewers, culverts and related installations shall be provided to:
(a)
Permit unimpeded flow of natural watercourses and other existing drainage facilities.
(b)
Ensure adequate drainage of all low points along the line of streets.
(c)
Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained.
(d)
Provide positive drainage away from on-site sewage disposal facilities.
(2)
Storm sewers and related facilities shall be required whenever possible.
(3)
Where existing storm sewers are accessible, proposed subdivisions shall be required to connect therewith if adjudged feasible.
(4)
Storm drainage facilities shall be designed not only to handle the anticipated peak discharge from the property being subdivided but also the anticipated increase in runoff that will occur when property at a higher elevation in the same watershed is fully developed. In the design of storm drainage installations, special consideration shall be given to avoid any problems which could arise from the concentration of stormwater runoff onto adjacent properties or into or through karst features. The design specifications for the improvements shall include special provisions such as closed pipe systems, detention basin liners or other appropriate measures to prevent the aggravation of karst features.
[Amended 6-10-1996 by Ord. No. 96-9]
(5)
When 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 to the lines of such watercourse to preserve the unimpeded flow of natural drainage. Any proposed alterations, improvements or relocations shall be subject to the approval of the New Jersey Division of Water Resources, Stream Encroachment Section.
(6)
Detention basins shall be located in areas where they will not adversely affect karst features.
[Added 6-10-1996 by Ord. No. 96-9]
F.
Utility easements.
(1)
Easements with a minimum width of 15 feet shall be provided for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains and for other utility lines intended to service the abutting lots. No structure or trees shall be placed within such easements.
(2)
To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
(3)
Subdividers are urged to avail themselves of the facilities provided by the various public utility companies in determining the proper locations for utility line easements.
(4)
There shall be a minimum of 50 feet, measured in the shortest distance, between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line which traverses the subdivision.
(5)
Extension of electric, gas and other utility distribution lines and cable television lines to new residential buildings within an approved subdivision having three or more building lots or to new multiple-occupancy or townhouse structures shall be made underground. Such extensions of service shall be made by the utility in accordance with the provisions governing and regulating said facility. In areas where there are karst features, underground installations shall include specific provisions to prevent the channeling of subsurface water.
[Added 8-24-1992 by Ord. No. 92-6; amended 8-8-1994 by Ord. No. 94-6; 6-10-1996 by Ord. No. 96-9]
G.
Soil erosion and sediment control.
[Amended 10-31-1988 by Ord. No. 88-9]
(1)
The applicant shall obtain review and approval of a soil erosion and sediment control plan by the Warren County Soil Conservation District of the United States Soil Conservation Service as part of the preliminary plat submission. Any fees or expenses involved in review by said district shall be the applicant's responsibility.
(2)
Diversion, sediment basins and other improvements shall be constructed prior to any on-site grading or disturbance of existing surface material.
H.
Fire-fighting systems.
[Added 4-30-1990 by Ord. No. 90-5]
(1)
Fire hydrants shall be installed in all subdivisions when a central water supply system serves the subdivision. Fire hydrants shall be of a type approved by the Township of Franklin in accordance with the recommendations of the Fire Insurance Rating Organization of New Jersey. Hydrants shall be placed and installed in such a manner that a minimum water flow of 500 gallons per minute shall be available to each hydrant, and a hydrant shall be located within 1,000 feet of each dwelling unit. Each hydrant shall be installed within 10 feet of the paved roadway. If curbing is installed, each hydrant shall be installed within nine feet of the face of the curb. Prior to establishing the location of fire hydrants, the developer shall consult with the appropriate officials of the Franklin Township Fire Department and follow their recommendations as to location.
(2)
In major subdivisions containing 12 or more building lots, fire-fighting protection shall be provided in one of the following ways:
(a)
Where streams, ponds or other natural water sources exist or are proposed on lands to be developed and those water sources are of sufficient capacity to provide water for fire-fighting purposes at a flow of no less than 500 gallons per minute for no less than one hour, facilities and appurtenances shall be installed to draft water for fire-fighting purposes. Such facilities shall include access to a street suitable for use by the fire-fighting equipment and the construction of or improvements to ponds, dams or similar on-site development, where feasible. Such facilities shall be constructed to the satisfaction of a municipal engineer and in accordance with the Fire Insurance Rating Organization of New Jersey standards.
(b)
If there is no central water supply system and no streams, ponds or other natural water sources exist or are proposed on the land which will provide adequate water for fire-fighting purposes, then fire hydrants, underground tanks and appurtenances shall be installed by the developer, which tanks shall have an adequate design and capacity to provide the hydrants with no less than 500 gallons per minute of water flow for no less than one hour, and a hydrant shall be located within 1,000 feet of each dwelling unit. The fire-fighting system shall be initially filled by the developer and tested by the Township before the issuance of the first certificate of occupancy in the subdivision.
(3)
If the subdivision in which fire hydrants or other fire-fighting systems are installed results in the creation of a homeowners' association, that homeowners' association shall be responsible for the maintenance of the fire hydrants or other fire-fighting systems, structures and improvements.
I.
School bus stops. As part of the subdivision review process, the Board may require the applicant to identify locations for school bus stops and to provide suitable shelters at such locations.
[Added 8-24-1992 by Ord. No. 92-6; amended 8-8-1994 by Ord. No. 94-6]
J.
Geotechnical improvements. Where geotechnical improvements are required by § 90-72, the design and construction of the improvements shall be accomplished so as to minimize, to the greatest extent practical, the development of future sinkholes or other karst hazards and the pollution of surface and ground water resources. Table 1[2] (Limestone Committee, North Jersey Resource Conservation and Development) represents the best technical judgment currently available and may be used as a guide. However, none of the items in Table 1 are intended to preclude the application of the best professional judgment, innovation and experience.
[Added 6-10-1996 by Ord. No. 96-9]
[2]
Editor's Note: Table 1 is located at the end of this chapter.
§ 90-49 Flag lots.
A.
Flag lots are permitted in the RC District.
[Amended 8-14-2000 by Ord. No. 2000-15]
B.
In the RC District, the following standards shall apply:
(1)
The minimum lot frontage shall be 50 feet, and at no point shall the width of such lot be less than 50 feet.
(2)
The lot area shall be computed excluding the flagstaff portion of the lot.
[Amended 10-1-2007 by Ord. No. 2007-16]
(3)
Minimum building setbacks shall be as otherwise required under this chapter. The front yard setback shall be measured from the line established at the point of intersection of the flagstaff and the main portion of the lot.
[Amended 10-1-2007 by Ord. No. 2007-16]
(4)
No point on the frontage of such lot shall be closer than 400 feet to a point on the frontage of another lot permitted under this section.
(5)
Driveway access to each lot shall only be over that lot and not over adjoining properties.
(6)
The location of the lot frontage and the configuration of the lot shall be such that access to and from the street fronting such lot, and the improvement and use of access to a dwelling on such lot, as well as drainage and other site considerations, will not adversely affect the remainder of a tract from which any such lot is to be subdivided.
[1]
Editor's Note: These ordinances also repealed former § 90-49, Private streets.
§ 90-50 (Reserved) [1]
[1]
Editor's Note: Former § 90-50, Special large lot residential subdivisions on private roads, was repealed 8-24-1992 by Ord. No. 92-6 and 8-8-1994 by Ord. No. 94-6.
§ 90-51 Violations and penalties.
A.
If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms part of a subdivision on which, by ordinance, the Land Use Board is required to act, such person shall be subject to a fine not to exceed $1,000 or to imprisonment for not more than 30 days, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
[Amended 9-28-1987 by Ord. No. 87-9; 12-9-2002 by Ord. No. 2002-14]
B.
Civil actions.
(1)
In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under N.J.S.A. 40:55D-34, the Township may institute and maintain a civil action:
(2)
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any.
(3)
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.