Morristown City Zoning Code
PART 7
Subdivision of Land
§ 30-701.1 Short Title.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
This part shall be known and may be cited as the "Land Subdivision Regulations of the Town of Morristown."
§ 30-702.1 Major Subdivision Preliminary Plat.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Submission of preliminary plat of major subdivision for preliminary approval.
a.
At least 17 black-on-white prints of the preliminary plat containing all data required, together with 17 completed application forms for preliminary approval, shall be submitted to the Administrative Officer two weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, a minimum fee and a fee for each lot to be created shall be paid as provided in Subsection 30-821.5, Fees, to cover cost of inspection and examination by the Town Engineer and any other items of expense in the processing of the subdivision. The Administrative Officer shall immediately notify the Secretary of Planning Board upon receipt of a preliminary plat. The preliminary plan may be submitted in tentative form for discussion purposes.
b.
Copies of the preliminary plat shall be forwarded by the Administrative Officer of the Planning Board prior to the hearing to the following persons:
1.
Secretary of the County Planning Board.
2.
Town Engineer.
3.
Such other municipal, county or state officials as directed by the Planning Board.
c.
Preliminary approval shall confer upon the applicant the following rights for a three-year period (or such longer period as provided by N.J.S.A. 40:55D-49) from the date of approval:
1.
That the general terms and conditions under which the preliminary approval as defined in N.J.S.A. 40:55D-49 was granted will not be changed.
2.
That the applicant may submit on or before the expiration date the whole or part or sections of the plat for final approval.
3.
That the applicant may apply for an extension of the three-year period pursuant to N.J.S.A. 40:55D-49.
§ 30-702.2 Major Subdivision Final Plat.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Submission of Final Plat of Major Subdivision.
a.
The final plat shall be submitted to the Administrative Officer for forwarding to the Planning Board for final approval within three years from the date of preliminary approval or any extensions of that time granted by the Planning Board.
b.
The original tracing, one translucent tracing cloth copy, two cloth prints, 16 black-on-white prints and 16 copies of the application form for final approval shall be submitted to the Secretary of the Planning Board at least 14 days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.
c.
The final plat shall be accompanied by a statement by the Town Engineer that he is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has either:
1.
Completed the installation of all improvements in accordance with the requirements of this Part 7; or
2.
Posted with the Administrative Officer a performance guaranty in an amount sufficient to cover the cost of 110% of all improvements required by this Part 7 or uncompleted portions thereof, as estimated by the Town Engineer, and assuring the installation of the improvements on or before an agreed date.
(a)
The performance guaranty shall be approved by the Town Attorney as to form, sufficiency and execution. The performance guaranty shall run for a period to be fixed by the Planning Board, but in no case for a term of more than three years. However, with the consent of the owner and the surety, if there be one, the governing body may, by resolution, extend the term of the performance guaranty for an additional period of not to exceed three years. The amount of the performance guaranty may be reduced by the governing body by resolution when portions of the required improvements have been installed.
(b)
If at any time the required improvements shall not have been installed in accordance with the performance guaranty, the obligor and surety shall be liable to the Town for the reasonable cost of the improvements not installed and the Town may install the improvements either prior to or after receipt of the proceeds.
d.
Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-12 shall be forwarded to the County Planning Board for its action prior to final approval by the Planning Board.
e.
If the Planning Board approves the final plat, a notation to that effect shall be made on each plat, signed by the Chairperson or Vice Chairperson and Secretary of the Planning Board.
f.
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
1.
Board Office.
2.
Town Engineer.
3.
Town Building Inspector.
4.
Town Tax Assessors.
5.
County Planning Board.
g.
The final plat, after approval by the Planning Board, shall be filed by the subdivider with the Clerk of the County of Morris within 95 days from the date of approval. If any final plat is not filed within this period, the approval shall expire. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days.
h.
No plat shall be accepted for filing by the Clerk of the County of Morris unless it has been duly approved by the Town Planning Board and signed by the Chairperson or Vice Chairperson and the Secretary. The plat shall not be signed until the required performance guaranties have been posted.
i.
Final approval shall confer on the developer the rights set forth in N.J.S.A. 40:55D-52.
§ 30-703.1 Plat for Minor Subdivisions.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
The sketch plat for minor subdivisions shall be based on Tax Map information or some other similarly accurate base at a scale where one inch equals not more than 50 feet and shall show or include the following information:
1.
The entire tract to be subdivided, giving the accurate location of all existing and proposed property and street lines.
2.
All existing structures, giving accurate distances between the structures and all existing and proposed property lines.
3.
The accurate location of drainpipes, sewage disposal systems, rights-of-way, utility easements, bridges and culverts, if any.
4.
The name of the owner and the names of all owners of adjoining property as such names appear on the Town tax record.
5.
The Tax Map sheet, block and lot numbers.
6.
Board Engineer.
b.
Any of the foregoing requirements may be waived by the Planning Board but not the Site Plan and Subdivision Committee.
§ 30-703.2 Tentative Plat for Major Subdivisions.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The tentative plat shall be based on Tax Map information or some other similarly accurate base at a scale to enable the entire tract to be shown on one sheet (but preferably where one inch equals not more that 100 feet) and shall show or include the following information:
a.
The entire tract to be subdivided.
b.
All existing structures and wooded areas within the portion to be subdivided and within 200 feet.
c.
All streets or roads and streams within 500 feet of the subdivision.
d.
The name of the owner and the names of all adjoining property owners as disclosed by the most recent tax records.
e.
The Tax Map sheet, block and lot numbers.
§ 30-703.3 Preliminary plat.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a licensed New Jersey land surveyor or civil engineer. The plat shall be designed in compliance with the provisions of this Part 7 and shall show or be accompanied by the following information:
1.
A key map at a scale where one inch equals not more than 800 feet, showing the entire subdivision and its relation to all features shown on the Official Map and Master Plan and located within 1/4 mile of the extreme limits of such subdivision, and the zoning classification of the proposed subdivision and of adjacent land.
2.
The tract name; Tax Map sheet, block and lot numbers; date; reference meridian; graphic scale; and the following names and addresses:
(a)
Name and address of record owner or owners. If other than an individual, the names of corporate officers or partners or other statutory agent and of all persons owning a 10% or greater interest in the applicant and/or the ownership entity.
(b)
Name and address of subdivider.
(c)
Name and address of person who prepared the map.
(d)
Property lines and acreage of the tract to be subdivided, to nearest tenth of an acre.
3.
Contours at vertical intervals of not greater than five feet for land with average natural slope of 10% or greater and at vertical intervals of not greater than two feet for land of lesser average slopes, except that for subdivisions containing no new streets or roads, this requirement may be waived by the Planning Board.
4.
All existing watercourses.
5.
Tree masses and isolated trees more than 10 inches in diameter.
6.
Existing buildings.
7.
Existing storm and sanitary sewers and water mains properly sized, fire hydrants and other utilities and easements.
8.
All other significant features, such as bridges, culverts and rock formations.
9.
Proposed conditions and features:
(a)
Property and lot lines, streets and alleys, parks, playgrounds and other public or semipublic areas, utility easements, building setback lines for each street, all approximately but properly dimensioned, and all street or other areas proposed for dedication clearly designated.
(b)
Physical improvements proposed or required by this Part 7, including tentative cross sections and center-line profiles for each street and a plan for surface drainage of the tract. Plans of proposed utility layouts (sanitary and storm sewers, water, gas and electric lines) shall show feasible connections to approved utility systems.
(c)
When an individual sewage disposal system is proposed and where no public sewer is available or where no right-of-way can be secured by easement through adjoining property to a public sewer and it is then necessary to install a septic tank or cesspool or other private sewage disposal system, the subdivider shall have percolation tests made by an accredited testing laboratory to determine the adequacy of the soil to absorb the waste materials; at least one test hole shall be made for each 2,500 square feet of lot under construction. The subdivider shall furnish to the Board a certified copy of the results of the percolation tests, require test holes or borings to be made by a New Jersey licensed engineer or an approved testing laboratory.
(d)
Any subdivision or part thereof which does not meet the requirements of Paragraphs (b) and (c) above or other similar applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first require the approval of the
(e)
A copy of any protective covenants or deed restrictions applying to the land being subdivided or proposed to be imposed.
b.
The Planning Board shall give careful study to the preliminary plat, taking into consideration the requirements of the community and the best use of the land to be subdivided, together with its prospective character, whether residential, business or industrial. Attention shall be given to consistency of layout, street widths or grades, arrangement and circulation; surface drainage and sanitation; water supply; lot sizes and arrangement; to such neighborhood and community requirements as parks, schools and playground sites; and to sewage facilities and other utilities.
§ 30-703.4 Final Plat.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The final plat shall be drawn by a licensed New Jersey land surveyor in ink on tracing cloth at a scale where one inch equals not more than 100 feet (and preferably one inch equals 50 feet) and in compliance with all the provisions of N.J.S.A. 46:23-9.1 et seq. The final plat shall show or be accompanied by the following:
a.
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
b.
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-ofway, bridges and culverts, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.
c.
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
d.
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with No. 1 as directed by the Town Tax Assessors.
e.
Minimum building setback line on all lots and other sites.
f.
Location and description of all monuments.
g.
Names of owners of adjoining land.
h.
Certification by engineer or surveyor as to accuracy of details of plat.
i.
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
j.
When approval of a plat is required by an officer or body of the Town, county or state, such approval shall be certified on the plat.
k.
Cross sections and profiles of streets, approved by the Town Engineer, shall be required to accompany the final plat.
l.
Contours at six-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope.
m.
Plans and profiles of storm and sanitary sewers and water mains.
§ 30-704.1 Required Improvements.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Prior to the granting of final approval, the Town Engineer shall certify that the subdivider has installed or has furnished performance guaranties for the ultimate installation of any of the following which may have been required by the Planning Board:
1.
Street paving, curbs, gutters, sidewalks and other street improvements, to be constructed in accordance with the specifications of the Town.
2.
Street and traffic signs.
3.
Streetlighting.
4.
Shade trees, to be located as directed by the Town Engineer on the street line so as not to interfere with utilities or sidewalks.
b.
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. Should construction stop for a period of over one year, the topsoil shall be replaced over all areas from which it may have been stripped.
c.
Monuments shall be of the size and shape and located as required by N.J.S.A. 46:39-9.4.
d.
Water mains, culverts and storm sewers shall be properly connected with the Town municipal system and shall be adequate to handle all present and probable future developments.
§ 30-704.2 Inspections.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All of the above-listed improvements shall be subject to inspection and approval by the Town Engineer, who shall be notified by the developer at least 48 hours prior to the construction. No underground installation shall be covered until inspection and approval. All bridges shall be approved by the appropriate authority.
§ 30-705.1 Compliance Required.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
§ 30-705.2 General Requirements.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The subdivision plat shall conform to design standards that will encourage good development patterns within the Town. Where either or both an Official Map or Master Plan has or 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 approval of subdivision plats.
§ 30-705.3 Streets.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
b.
Minor streets shall be so designed as to discourage through traffic.
c.
Subdivisions abutting arterial 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 appropriate.
d.
The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:
1.
Arterial streets: 80 feet, if allowed by N.J.S.A. 40:55D-38(b)(2).
2.
Collector streets: 60 feet, if allowed by N.J.S.A. 40:55D-38(b)(2).
3.
Minor streets: 50 feet.
4.
Marginal access streets: 40 feet. Circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
5.
The right-of-way width for internal roads and alleys in multifamily, 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 of traffic, parking and loading needs and maximum access for firefighting equipment.
e.
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 Planning Board.
f.
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 Part 7 shall dedicate additional width along either one or both sides of the road. If the subdivision is along one side only, 1/2 the required extra width shall be dedicated.
g.
Grades of arterial and collector streets shall not exceed 4%. Grades of other streets shall not exceed 10%. No street shall have a minimum grade of less than 1/2 of 1%.
h.
Street intersections shall be nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the property line with a curve radius of not less than 25 feet.
i.
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
j.
Tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
k.
When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a center-line radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
l.
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
m.
Dead-end streets (cul-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet and tangent whenever possible to the right side of the street. 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.
n.
Street names shall be approved by the Planning Board.
§ 30-705.4 Blocks.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning regulations and to provide for convenient access, circulation control and safety of street traffic.
b.
In blocks over 1,000 feet long, public rights-of-way through the blocks may be required in locations deemed necessary by the Planning Board.
c.
Such rights-of-way shall be no less than 10 feet wide and straight from street to street.
§ 30-705.5 Lots.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Lot dimensions and area shall conform to the lot area, lot width and lot depth requirements contained in Part 2, District Standards, for the zone in which the property is located. Lot dimensions and areas contained in Part 3, Building Type Standards, shall not apply.
b.
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
c.
Each lot must front upon an approved street.
d.
Where land has been dedicated for widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line.
e.
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 or high water table, or percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal, or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
§ 30-705.6 Public Use and Service Areas.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
Easements along rear property lines or elsewhere for utility installations may be required. The easement shall be at least 15 feet wide and located in consultation with the companies or Town departments concerned.
b.
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 to the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.
c.
Natural features such as trees, brooks, hilltops and views shall be preserved wherever possible in designing any subdivision containing such features.
§ 30-705.7 Incorporation of Other Standards.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The following sections relating to site plan review shall also apply to subdivision approval: Subsection 30-821.5, Fees; Subsection 30-821.10, Off-Tract Improvements; Subsection 30-821.11, Staged Development; Subsection 30-821.12, Performance Guaranties; and Subsection 30-820.9, Exceptions.
§ 30-706.1 Violations and Penalties.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
If, before final approval has been granted, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a penalty as stated in Subsection 30-821.8 and each lot disposition so made shall be deemed a separate violation.
§ 30-706.2 Additional Remedies.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
In addition to the foregoing, the Town may institute and maintain a civil action:
1.
For injunctive relief.
2.
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
b.
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. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land, or within six years if unrecorded.
