Woodbridge Township
City Zoning Code
City Zoning Code
ARTICLE V
Land Subdivision
§ 150-89 Submission of Application.
Any subdivider of land within the Township prior to subdividing or resubdividing land as defined in this chapter shall submit an application for subdivision to the Administrative Official as required by Article II of this chapter for the purposes of classification, discussion and action.
A.
Planned Developments. Subdivision plats for planned developments shall conform to the requirements for conventional subdivision plats as well as to the requirements for planned developments. In the event of a conflict, the planned development requirements shall supersede subdivision plat requirements. The following additional requirements shall be satisfied prior to preliminary approval:
(1)
The staging proposals for any planned development shall ensure that each stage shall encompass a balanced mix of land uses in proportion to the mix for the entire development and that each stage shall provide for completion of all streets, utilities and services necessary for the section, whether located within or outside the section.
(2)
The Planning Board may authorize a greater concentration of density or intensity within a stage but only where offset by a lesser concentration in any completed prior stages or offset by an appropriate reservation of open space on the remaining land by grant of easement or covenant in favor of the municipality.
(3)
The legal documents proposed to provide for deed restrictions, cross-access agreements and cross-maintenance agreements have been submitted and found to satisfactorily provide for the public's interests.
(4)
All open space created shall be set aside as a separate parcel and maintained for the benefit of the owners and/or residents of the development in accordance with N.J.S.A. 40:55D-43.
(5)
The Planning Board shall determine the appropriateness of proposed dedications of open space prior to granting subdivision approval. Unless dedicated for public use, organizations shall be established for the ownership and maintenance of all open space parcels.
(a)
The developer shall provide for an organization pursuant to N.J.S.A. 40:55D-43 for the ownership and maintenance of open space created under a planned development.
(b)
Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality.
(c)
All owners of property within a planned development shall be required to become members of the owners' association charged with ownership and maintenance of open space and other common facilities. All properties shall include a provision in their deeds requiring membership in the homeowners' association. This requirement shall pass from owner to owner as a deed restriction.
(d)
The following legal documents proposed in the establishment of the required owners' association shall have been submitted and found to conform to the objectives of the plans and proposals for the planned development and the intent of this chapter:
[1]
The enabling declaration shall set forth the developer's intent to charge an association with certain responsibilities, including the covenants which set forth the purchaser's responsibilities and obligations, including the provisions for ownership and management of the common areas; the establishment of association assessments as a lien against all lots; the rights of members, including voting rights; the basis for assessments; the basis for enforcement of covenants by the association; and the process of amendments.
[2]
The articles of incorporation shall establish the association and shall set forth the name of the association, the name and address of principal officers at the time of incorporation and the purpose and powers of the association. It shall set forth terms of membership and voting rights; create the initial board of directors; and establish procedures for dissolution, the duration of the association in the absence of dissolution, the basis for amendments to the articles of incorporation and the severability of provisions.
[3]
The bylaws shall set forth the meeting of the association; the basis for a quorum; provisions for vote by proxy; and the notice of meetings. Bylaws shall set forth the terms of office for the board of directors; the composition of the board; the method of nomination; the method of election; and the handling of resignations, removals, vacancies and compensation, as well as the conduct of board meetings. They shall also set forth the power and duties of the board. The officers, their means of election, terms of office and their duties shall be described. The committees required or the basis for their establishment shall be defined. The fiscal year shall be established; the indemnification of officers shall be described; and the basis for amendment shall be set forth.
[4]
The proposed form of deed clause referring to the declaration and clarifying the title to common property adjacent to a lot.
[5]
An information brochure designed to help ensure that all purchasers are informed of the association. It shall restate in clear text the relationship between the association, the purchaser and the developer. It shall cover the major elements of common area identification, ownership and use; the structure of the association; dues; officer and director selection and election; architectural controls; liens; annexation; dissolution; and other areas.
(e)
The plat shall contain specifics of the enabling declaration dealing with the title to the common property; the granting of easements of enjoyment; and an indication as to whether the designated areas are dedicated for use by the general public or are, or are intended to be, conveyed to an association.
(f)
Any condominium or homeowners association filings with the New Jersey Department of Community Affairs shall also be filed with the Planning Board.
(6)
Residential clusters shall conform to the following requirements:
(a)
Each cluster shall be restricted to one type of land use/housing type in a contiguous group.
(b)
The total number of dwelling units, or lots for single-family dwellings, shall not exceed the allowable density multiplied by the tract area to be improved for residential use plus any open space set aside for residential use.
(c)
Where proposed open space for residential use is not dedicated to public use, the cluster shall contain a minimum of 80 dwelling units.
(d)
Building lots shall conform to the requirements for the alternative zone as if developed in that zone and shall maintain continuing compliance with said zone requirements.
(e)
Developed open space parcels shall be designed to accommodate pedestrian ways of not less than 10 feet in width and recreation sites of not less than 2,500 square feet in area.
B.
Lot Suitability. All proposed subdivisions shall provide for building lots which individually have a developable area equal in size to the required minimum lot size for the intended use and the zone in which the lot is situated.
§ 150-90 Minor Subdivision Sketch Plat.
Sketch plats shall be prepared by a New Jersey licensed professional engineer and/or land surveyor. Surveys shall be prepared by a New Jersey licensed land surveyor and improvements to or adjacent to the site shall be prepared by a New Jersey licensed professional engineer. Each professional shall sign and seal the sketch plat. The sketch plat shall be prepared to an engineering scale based upon an accurate survey at a scale of not less than one inch equals 100 feet, to enable the entire tract to be shown on one sheet, and of a size to comply with the New Jersey Map Filing Law,[1] and shall contain the following details:
A.
A key map showing the location of the land to be subdivided in relation to the surrounding area at a scale of one inch equals 2,000 feet, two-inch square minimum.
B.
A title block giving the name of the subdivision, the present owner of the land, name and license number of person who prepared the map, scale of the map, North arrow and space for the signatures of the Secretary and Chairman of the municipal agency.
C.
A map of the entire tract of land being subdivided showing all existing and proposed property lines, easements, rights-of-way, street names, power lines, structures, streams, drainage facilities and wooded areas within the area of the entire tract.
D.
The name of all adjoining property owners and owners of property directly across the street as disclosed by the most recent municipal tax record.
E.
Lot dimensions in feet to the nearest one-hundredth foot.
F.
Block and lot numbers.
G.
Required road dedication (if any).
H.
Total tract to be subdivided in acres and square feet.
I.
Number of lots after subdivision and their areas in acres if one acre and over, and in square feet if under one acre.
J.
Location and setback distances of existing and proposed structures.
K.
The zoning district in which the property is located and, if the proposed subdivision lies within more than one district, the most accurate information available as to the measurements within each district.
L.
Building setback lines per the zoning standards of this chapter.
M.
The locations of water and sewer mains as appropriate.
N.
Delineation of all floodplains and designating same as such.
O.
Location and widths of all existing and proposed streets on the property to be subdivided and within 200 feet of the tract.
P.
Topography, including all existing topographical features within the property being subdivided, showing the distance of any structure from any new property line which would be established by the subdivision. The contour intervals shall be as follows:
Q.
The location, width and direction of flow of all ponds, streams, brooks, drainage ditches and culverts in the area to be subdivided and all swales, runoffs or pipes conducting storm water to or from the subject property, with overland drainage flow arrows onto or from adjoining properties.
R.
A sketch of how the remaining land will be developed, including only roads and lots, regardless of whether there is any present or future intent of further subdivision.
S.
A copy of any deeds which are to be filed with the County Recording Officer. Deeds may be submitted at the time of signing of the plot.
T.
Two digital disc copies of the finally approved subdivision plan, which shall be submitted to the municipal agency.
[Added 5-19-2020 by Ord. No. 20-36]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
§ 150-91 Major Subdivisions.
A.
Sketch plat for classification of major subdivision (optional).
(1)
Submission.
(a)
The purpose of the sketch plat is to give the municipal agency the opportunity to give the applicant advice prior to the expenditure of funds for preliminary plans.
(b)
A sketch plat is an optional submission, and, if the subdivider prefers, he may submit a preliminary plat for classification and discussion without going through the sketch plat procedure.
(c)
If the subdivider elects to submit a sketch plat, he shall submit an application for a proposed subdivision as required by Article II of this chapter for discussion purposes and shall follow all submission procedures as for a minor subdivision.
(d)
Sketch plats may be forwarded to the County Planning Board for review. The forwarding of sketch plats is optional, but it may save the subdivider time and expense by doing so.
(e)
No public hearing shall be required. However, the applicant may elect to have one if desired and, if so, shall proceed as specified in the Procedural Ordinance.
Editor's Note: See Article II of this chapter.
(f)
The municipal agency shall review the submission and render its recommendation within 45 days of submission of a complete application of a sketch plat to the Administrative Official or within such further time as may be consented to by the applicant. Such review and recommendation is not intended to be binding and is for discussion and advisory purposes only.
(g)
The Secretary of the municipal agency shall notify, in writing, the person submitting the sketch plat of the recommendation made by the agency within 10 days of the meeting at which the recommendation was made.
B.
Preliminary Plat.
(1)
Submission.
(a)
The subdivider shall submit an application for preliminary approval of a proposed major subdivision to the Administrative Official, as required by Article II of this chapter.
(b)
Prior to granting approval of a preliminary plat, the applicant shall furnish the municipal agency with the following certifications:
(c)
The Administrative Official shall notify, in writing, the person submitting the subdivision of the action taken by the agency within 10 days of the meeting at which the decision was made.
(d)
If the Board acts favorably on a preliminary plat, a notation reflecting approval by the municipal agency, together with the date, shall be made thereon and signed by the Chairman and Secretary.
(e)
Soil erosion plan.
[1]
A soil erosion and sediment control plan shall be submitted as part of the preliminary plat submission. Said soil erosion and sediment control plan shall be prepared by a licensed New Jersey professional engineer in accordance with the Standards and Specifications for Soil Erosion and Sediment Control of the United States Department of Agriculture Soil Conservation District. Said soil erosion and sediment control plan shall be submitted by the applicant to the Municipal Engineer for recommendation to the municipal agency. The municipal agency shall not act on the preliminary plat until receipt of the Engineer's report or until 45 days have elapsed from the date of referral. The soil erosion and sediment control plan shall be for the portion of the tract being disturbed and shall contain the following:
[a]
Plans and specifications of soil erosion and sediment control measures in accordance with the Standards and Specifications for Soil Erosion and Sediment Control of the Soil Conservation District. Said measures shall apply to all features of construction on the site, including street and utility installations, as well as protection of individual lots, and said measures shall be instituted to prevent or control soil erosion and sedimentation during the various stages of development.
[b]
A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each are a priority to the completion of effective erosion and sediment control measures.
[2]
The following principles, where applicable in the soil erosion and sediment control plan, shall be included:
[a]
Stripping of vegetation, regrading or other development shall be done in such a way that will minimize soil erosion.
[b]
Whenever feasible, natural vegetation shall be retained, protected and supplemented.
[c]
The disturbed area and the duration of exposure shall be kept to a practical minimum.
[d]
Temporary seeding and/or mulching shall be used to protect exposed critical areas during development.
[e]
Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development.
[f]
Diversions, sediment basins and so forth, shall be constructed prior to any on-tract grading or disturbance of existing surface material.
[3]
Upon receipt of the report from the Engineer, the municipal agency shall require incorporation of such soil erosion and sediment control measures as it deems appropriate as a condition of approval of the preliminary and final plats.
(2)
Preliminary plat details.
(a)
Preliminary plats shall be prepared by a New Jersey licensed land surveyor, professional engineer, architect or professional planner. Surveys shall be prepared by only a New Jersey licensed land surveyor and improvements to or adjacent to the site shall be prepared only by a New Jersey licensed professional engineer. Each professional shall sign and seal the preliminary plat.
(b)
The preliminary plat shall be clearly and legibly drawn or reproduced at an engineering scale of not less than one inch equals 100 feet and shall contain a metes and bounds survey prepared by a licensed New Jersey land surveyor, and shall include the following information:
[1]
A key map showing the location of the land to be subdivided in relation to the surrounding area at a scale of one inch equals 2,000 feet, two-inch square minimum.
[2]
The tract name, Tax Map sheet, block and lot number, date, North arrow, graphic scale and the following names and addresses, together with consent to file:
[a]
Name and address of the subdivider.
[b]
Name, address and license number of the person who prepared the map.
[c]
Certification that the applicant is the legal or beneficial owner or owners of the land proposed to be included in the proposed development or the holder of an option or contract to purchase, or other person having an enforceable, proprietary interest in such land, giving names and addresses of each if there is more than one.
[d]
Name and address of owners, as appears on the municipal tax records, of adjoining property and property directly across the street or streets from the property involved, and within 200 feet of the entire tract.
[3]
Indication on the plan of all trees six inches or more in diameter, measured two feet above ground level, in all areas to be disturbed by grading or construction.
[4]
Acreage of the tract to be subdivided, to the nearest hundredth of an acre.
[5]
Sufficient elevations or contours to determine the general slope and natural drainage of the land to points extending 200 feet beyond the subdivision boundary; tentative cross sections and profiles of all proposed new streets; contours at five-foot intervals for slopes averaging 10 percent or greater, two-foot intervals for land of three-percent to 10-percent slope and one-foot intervals for less than three-percent slope; elevation datum to be sea level only.
[6]
The location of existing and proposed property lines, street, existing buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wooded areas and rock formations.
[7]
The area of each lot in acres if one acre and over, and in square feet if under one acre.
[8]
Minimum street setback line and side and rear yard setback lines of each lot.
[9]
A copy of any proposed protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
[10]
A grading plan showing existing and final contours of each lot.
[11]
Plan, profiles and cross sections of all proposed streets and all other Township requirements for roads and improvements shall meet the requirements of Chapter 25, Streets and Sidewalks. It is intended that these drawings, as well as others submitted in support of the preliminary plat, be in sufficient detail to permit construction directly from them.
[12]
Plans and profiles of proposed utility layouts, such as but not limited to sewers, storm drains, water, gas and electricity, showing feasible connections to existing or any proposed utility system.
[13]
A sketch of the prospective future street system of the unincluded portion of an entire holding where a preliminary plat covers only a part thereof.
[14]
Drainage calculations showing existing and expected flows after development, a color-coded drainage map plans to control flow to keep velocities below four feet per second in swales and outfalls and to intercept flows when they reach five cubic feet per second.
(c)
Green Buildings Checklist.
[1]
Sustainable Sites. The following checklist items relate to "sustainable building practices." Applicants are required to complete this portion of the checklist, but these checklist items are not required for submission.
[a]
Site selection: Have you avoided development of inappropriate sites and reduced the environmental impact from the location of a building on a site?
[b]
Development density and community: Is development in areas with existing infrastructure, protecting greenfields and preserving habitats and natural resources?
[c]
Brownfield development: Are you rehabilitating damaged sites where development is complicated by environmental contamination, reducing pressure on undeveloped land?
[d]
Alternative transportation - Public transportation access: Is development near public transportation sites?
[e]
Alternative transportation - Bicycle storage and changing rooms: Do bicycle storage areas and changing rooms exist?
[f]
Site development - Protect or Restore Habitat: Are you conserving existing natural areas and restoring damaged areas to provide habitat and promote biodiversity?
[g]
Stormwater design - Quantity Control: Have you taken steps to limit disruption of natural water hydrology by reducing impervious cover, increasing on-site infiltration, reducing or eliminating pollution from stormwater runoff, and eliminating contaminants?
[h]
Stormwater design - Quality Control: Have you taken steps to limit disruption and pollution of natural water flows by managing stormwater runoff?
[i]
Heat island effect - Nonroof: Have you provided shade, paving materials with a solar reflectance index of at least 29, or do you have an open grid pavement system OR is 50 percent of your parking spaces under cover?
[j]
Heat island effect - Roof: Have you taken steps to reduce the amount of heat that is reflected off of your roof?
[k]
Light pollution reduction: Have you taken steps to minimize light trespass from the building and site, reduce sky-glow to increase night sky access, improve nighttime visibility through glare reduction, and reduce development impact on nocturnal environments?
[l]
Have you used building massing to gather wind for the dispersion of air pollutants?
[m]
Have you used building massing to mitigate noise pollution?
[n]
Have you used building massing and vegetated screening to gather wind for the filtration/dispersion of air pollutants?
[o]
Have you used roof-top gardens and adjacent courtyards to mitigate air pollution and noise?
[p]
Have you oriented the building(s) toward southern exposure?
[q]
Have you created any rain gardens to manage storm water runoff?
[r]
Have you sited taller buildings to minimize shadows on an open space and other buildings?
[s]
Have you oriented open space to maximize winter solar exposure?
[t]
Have you provided tree canopy cover and reduced hardscape for areas with high summer solar exposure?
[u]
Have you minimized disturbed areas by limiting, clearing, and grading to a carefully described development envelope?
[v]
Have you encouraged the growth of native and well-adapted species and eliminated the need for fertilization and pesticides?
[w]
Have you reduced soil erosion?
[x]
Have you promoted natural recharge and infiltration without the threat of surface contamination?
[y]
Have you reduced runoff volumes and peak runoff rates?
[z]
Have you linked landscape elements to form a continuous network of forage, water, and cover?
[aa]
Have you created "fingers" of habitat that reach into the urban landscape from the creek?
[bb]
Have you created zones that provide a diversity of habitat and shelter through layers of plant heights and types?
[cc]
Have you selected native plants that provide food and shelter for song birds, mammals, insects, etc?
[2]
When Waterways are Adjacent:
[3]
Water Efficiency.
[a]
Have you provided water efficient landscaping - reducing water needed for vegetation?
[b]
Have you provided water efficient landscaping - no potable use or no irrigation?
[c]
Have you increased the extent of on-site landscaping?
[d]
Have you provided graywater systems?
[e]
Have you provided blackwater systems?
[4]
Materials and Resources.
[a]
Have you provided for storage and collection of recyclables?
[b]
Have you reused portions for the existing building, such as walls, floors, or roof?
[c]
Construction waste Management: Have you diverted construction waste from landfills?
[d]
Have you reused five percent of the existing building?
[e]
Have you reused 10 percent of the existing building?
[f]
Do your building materials incorporate recycled content?
[g]
Local/regional materials: Are building materials extracted, processed, and manufactured locally/regionally?
[h]
Rapidly renewable materials: Have you used rapidly renewable materials, such as bamboo, wool, cotton insulation, agrifiber, linoleum, wheat board, strawboard and cork?
[i]
Use of certified wood: Have you used wood-based materials and products, which are certified in accordance with the Forest Stewardship Council's (FSC) Principles and Criteria?
[j]
Have you used crushed gravel and concrete as a sub-base?
[k]
Have you used saw cut concrete as dry-laid retaining walls, edging for planting beds, or unit pavers?
[l]
Have you reused asphalt as a sub-base or aggregate?
[m]
Have you reused gravel and tar roofing materials from demolished building?
[5]
Energy and Atmosphere.
[a]
On-site renewable energy: Have you installed any renewable energy systems, such as photovoltaic (solar panels), geothermal, or other?
[b]
Green power: Have you provided at least 35 percent of the building's electricity from renewable sources? (Renewable sources are as defined by the Center for Resource Solutions (CRS) Green-e products certification requirements.)
[c]
Have you provided for opportunities for vegetated screens, awnings, overhangs, and adjustable shade structures on buildings with high summer solar exposure?
[6]
Indoor Air Quality.
[a]
Have you provided for up-draft ventilation and an air scoop, for natural ventilation?
[b]
Have you incorporated under floor displacement ventilation?
[c]
Have you oriented the majority of glazing to optimize day lighting potential and heat gain during the winter season?
[d]
Have you oriented thermal mass (materials that absorb, store, and conduct heat) and insulation to take advantage of southern exposure, while blocking northern winds?
[e]
Have you provided for rooftop gardens to reduce solar gain and insulate in winter?
[f]
Have you provided atrium spaces?
[g]
Have you provided shade structures, awnings, and overhangs?
[h]
Do you have an internal heat recovery system?
[i]
Have you provided photovoltaic integration?
[j]
Have you separated mechanical spaces?
[7]
Innovation and Design Process.
[a]
LEED Accredited Professional Utilization: At least one principal participant of the project team shall be a LEED Accredited Professional (AP).
[b]
Innovation in design: Explain in writing, any additional actions you have taken to make the construction of your project energy efficient or to make your development energy efficient.
C.
Final Plat.
(1)
Submission.
(a)
The subdivider shall submit an application for final approval of a proposed major subdivision within three years of the date of approval of the preliminary plat.
(c)
Prior to final approval, the Engineering Division shall have received from the developer a complete set of reproducible linens or Mylars of the preliminary plat and all other maps, incorporating all conditions and requirements for improvements as imposed by the municipal agency.
(d)
Prior to final approval, the governing body shall have received an estimate of cost of all improvements, together with an estimate of any damage to any existing accepted street or streets abutting the proposed subdivision which may be caused by reason of work performed in said subdivision. The above estimates shall have been approved by the Engineering Division. Submitted with the approved estimate shall be an inspection fee from the developer of 5 percent of the estimated cost of improvements.
(e)
Prior to the release of the final map for recording with the County Clerk, the developer shall provide the performance guaranty and sign an agreement in a form satisfactory to the Woodbridge Corporation Counsel with provision for maintenance guaranties as required by this chapter.
(2)
Final Plat Details.
(a)
The final plat shall be prepared in compliance with the requirements of the New Jersey Map Filing Law. It shall conform in design to the preliminary plat and shall show or be accompanied by the following:
[1]
Date, name and location of the subdivision, name of owner and subdivider, graphic scale, North arrow; and name, address, signature and seal of the person who prepared the map.
[2]
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, park areas or land to be reserved or dedicated for public use, all lot lines and other site lines, watercourses, with accurate dimensions, including bearings and distances and curve information consisting of the following minimum data:
[3]
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.
[4]
Each block shall be numbered, and the lots within each block shall be numbered in conformity with the Municipal Tax Map, as determined by the Municipal Tax Assessor.
[5]
Minimum building setback lines on all lots and other sites.
[6]
Location and description of all monuments, whether found set or to be set.
[7]
Names of owners of adjoining lands and of the land directly across the street or streets from property involved as appears on the municipal tax records.
(3)
Two digital disc copies of the finally approved subdivision plan shall be submitted to the municipal agency.
[Added 5-19-2020 by Ord. No. 20-36]
§ 150-92 Improvements.
A.
Prior to the granting of final approval, the subdivider shall have installed all improvements as required by this section or shall have provided for guaranties as stipulated in this chapter.
B.
On-Tract Improvements Required.
(1)
Streets and pavements. The subdivider shall design and construct streets and pavements at least meeting the minimum specifications as required by the municipality or such other specifications as may be required by the Municipal Engineer where special circumstances so require.
(2)
Curbs and sidewalks. The subdivider shall construct curbs, gutters and sidewalks when required by the municipal agency in accordance with municipal specifications or such other specifications as may be required by the Municipal Engineer where special circumstances so require. However, the installation of curbs and/or sidewalks may be waived by the municipal agency, with the written permission of the Municipal Council, at the request of the subdivider or on its own initiative, provided that, upon the granting of such a waiver, the sub-divider shall be required to pay to the Township an amount equal to 75 percent of the estimated cost of installing said sidewalks, said amount to be determined by the Municipal Engineer after submission and consideration of various estimates and other documentation, required and requested by the Municipal Engineer, from the subdivider, other interested parties, and the Office of the Municipal Engineer itself. All funds collected by the Township from subdividers as a result of waivers granted in accordance with this section shall be maintained in a sidewalk maintenance account, the proceeds of which shall be available to maintain, repair and/or replace sidewalks throughout the Township, where and as authorized by the Municipal Council. Nothing contained herein shall affect the right of the Township to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or any other statutory rights granted to municipalities.
(3)
Storm drains and culverts. Where storm drains or culverts are required on site or off site, all streets shall be provided with sufficient catch basins, storm sewers, culverts, water detention basins and other drainage appurtenances for the proper drainage of the area in the light of existing and future conditions. All such facilities shall be constructed in accordance with the standards and requirements of good engineering practice or such other specifications as may be required by the Municipal Engineer where special circumstances so require.
(4)
Monuments. Monuments shall be of the size and shape and shall be installed as required by the New Jersey Map Filing Law. Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(5)
Street name signs. Street name signs shall be placed at all street intersections within the subdivision. Such signs shall be of a type and shall be installed in accordance with standards adopted by the governing body. Signs shall be placed two per intersection on the near right-hand corner as viewed from the street which is expected to carry the greatest traffic through the intersection. If both streets are expected to carry equal traffic, the locations shall be as approved by the Municipal Engineer.
(6)
Utility installations. All utility lines and necessary appurtenances, including but not limited to electric transmission and electric, gas and water distribution, communications, street lighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. All power and telephone underground lines shall be confined to a five-foot easement within the street right-of-way immediately adjacent to one of the street right-of-way lines. Any additional easement width required shall be located on the abutting private property. The subdivider shall arrange with the serving utility for the underground installation of the utilities' supply lines and service connections in accordance with the provisions of the applicable Standard Terms and Conditions of the Tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the municipal agency prior to the granting of approval a written instrument from each serving utility, which shall evidence full compliance with the provisions of this section; provided, however, that lots in subdivisions which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, all new building service connections shall be installed underground. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement of not less than 25 feet in width shall be provided.
(7)
Street lighting. Street lighting shall be installed by the developer if it is determined by the municipal agency that such lighting is necessary for public safety.
(a)
Streetlights shall be of a type approved by resolution of the governing body and by the electric utility company serving the proposed subdivision and located so as to provide a minimum lighting level of five-tenths horizontal foot candle on all collector and arterial streets.
(b)
The subdivider shall provide for initial installation of any streetlights, the locations to be approved by the municipal agency. After final acceptance, operation and maintenance costs shall be the responsibility of the municipality.
[1]
If streetlights on a dedicated public street connected to a public utility are required as a condition of approval of an application for development pursuant to this chapter, then, upon notification in writing by the developer to the approving authority and governing body of the municipality that the street lighting on a dedicated public street has been installed and accepted for service by the public utility and that a certificate of occupancy has been issued for at least 50 percent of the dwelling units and 50 percent of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to N.J.S.A. 40:55D-38, the municipality shall, within 30 days following receipt of the notification, make appropriate arrangements with public utility for, and assume payment of, the costs of the street lighting on the dedicated public street on a continuing basis.
[2]
Compliance by the municipality with the provisions of this subsection shall not be deemed to constitute acceptance of the street by the municipality.
(8)
Topsoil protection. Topsoil which shall be removed in the course of regrading a subdivision shall not be used as spoil. No topsoil shall be removed from the subdivision site until 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. Any excess topsoil may be removed from the site only with the written approval of the Municipal Engineer.
(9)
Shade trees.
(a)
The removal of existing trees shall not be permitted in any subdivision except in the location of structures or unless it can be shown that grading or construction requires removal. The municipal agency may compel the subdivider or developer, at his sole expense, to retain a qualified forester or certified tree surgeon to report to the agency as to what measures are necessary to preserve existing trees.
(b)
Street shade trees shall be required within a subdivision, and the developer shall submit a planting plan prepared by a landscape architect showing the proposed location, size, botanical and common names of all trees and shall conform to all requirements as set forth in this section. All planting plans shall be approved by the municipal agency.
(c)
Trees shall be nursery-grown stock of not less than two-and-one-half-inch caliper, as measured one foot above the root ball.
(d)
Shade trees shall be installed between the street right-of-way line and the curb, 25 feet from any existing or proposed streetlight or street intersection.
(e)
The developer shall plant, maintain for one year and replace (where necessary) all shade trees. Trees shall be selected from the following list and spaced as specified:
Approved Street Trees | Spacing On-Center (feet) |
|---|---|
Ginkgo biloba (male only) — ginkgo | 30 |
Carpinus caroliniana — American hornbeam | 20 |
Carpinus betulas — European hornbeam | 20 |
Cornus florida — flowering white dogwood | 25 |
Cornus florida rubra — flowering pink dogwood | 25 |
Cornus kousa — Japanese dogwood | 25 |
Prunus subhirtella autumnalis — autumn higan cherry | 25 |
Acer platanoides — Norway maple | 50 |
Prunus serrulata Kwanzan — Kwanzan cherry | 25 |
Prunus subhirtella — higan cherry | 25 |
Quercus rubra — red oak | 50 |
Quercus alba coccinea — scarlet oak | 50 |
Sophora japonica regent — regent scholar tree | 20 |
Koelreuteria paniculata — goldenrain- tree | 25 |
Prunus cerasifera — purple-leaved plum | 20 |
Tilia tomentosa — silver linden | 30 |
Tilia americana — American linden | 40 |
Quercus acutissima — sawtooth oak | 50 |
Gleditsia triacanthos inermis "Shademaster" — thornless honeylocust | 50 |
Amelanchier canadensis — downy shadblow | 25 |
Pyrus calleryana "Bradford" — Bradford Callery Pear | 25 |
Tilia cordata — littleleaf linden | 35 |
Fraxinus pennsylvanica — green ash | 40 |
Quercus palustris — pin oak | 50 |
Quercus palustris — pin oak | 50 |
(10)
Sanitary sewers.
(a)
Where a public sanitary sewer system is available on site, each lot within a subdivision shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto, the costs thereof to be borne solely by the subdivider.
(b)
Where a public sanitary sewer system is not available on or off site, the municipal agency may require the extension of an off-tract sanitary sewer system. Installation and cost provisions shall be as determined and approved by the municipality.
(c)
All such installation of sewer mains and connections shall be constructed in accordance with the specifications and requirements of the Municipal Engineer.
(11)
Water supply.
(a)
Where a public water system is available on site or off site, each lot within a subdivision shall be provided with public water facilities by the required extension of water mains and connections thereto, the costs thereof to be borne solely by the subdivider. All installations of a public water supply shall be subject to the approval of the Municipal Engineer.
(b)
Where a public water system is not available on or off site, the municipal agency may require the extension of an off-tract water system, the installation and cost to be determined by the municipal agency.
(c)
All such installation of mains and connections shall be constructed in accordance with the specifications and requirements of the Municipal Engineer.
(12)
Fire hydrants. Fire hydrants shall be installed in all subdivisions. Fire hydrants shall be of the type approved by the local fire district in accordance with the recommendations of the Fire Insurance Rating Organization of New Jersey and shall be placed and installed in accordance with the standards of the fire district. Such installation shall be subject to the inspection and approval of the Local Board of Fire Commissioners and the Municipal Engineer.
(13)
Traffic. Stop signs shall be installed as directed by the Township Police.
C.
Off-Tract Improvements Required.
(1)
General. Prior to the granting of final approval, the subdivider shall have installed or made cash payments toward the ultimate installation of off-tract improvements and in accordance with the standards and conditions governing on-tract improvements. Off-tract improvements herein shall include but not be limited to installation of new improvements and extension and modifications of the existing improvements.
(2)
Estimate of costs and benefits. If an off-tract improvement is required, the municipal agency shall, with the aid of the Municipal Engineer and such other persons as have pertinent information or expertise, estimate:
(3)
Manner of construction. When the estimates are received, the municipal agency shall then decide whether the off-tract improvement is to be constructed:
(4)
Amount of contribution. When the amount of contribution has been determined, the subdivider may be required to provide, as a condition for final approval of the subdivision, a cash deposit to the municipality of one of the following amounts:
(a)
If the improvement is to be constructed by the municipality 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;
(b)
If the improvement is to be constructed by the municipality as a local improvement, then in addition to the amount referred to in Subsection C(4)(a), the estimated amount by which the subdivision will be specially benefited by the off-tract improvement; or
(c)
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.
(5)
Allocation of costs. The allocation of costs shall be determined in accordance with the following: The municipal agency 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 condition and periods of usefulness. The municipal agency may further consider the criteria set forth below:
(a)
Road, curb and sidewalks improvements may be based upon the anticipated increase of 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.
(b)
Drainage facilities may be based upon the percentage relationship between the subdivision acreage and the acreage of the total drainage basins involved.
(c)
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 municipal agency may also consider types of effluent and particular problems requiring special equipment or added costs for treatment.
(d)
Water supply and distribution facilities may be based upon the added facilities required by the total anticipated water use requirements of the subdivision.
(6)
Payment of allocated costs.
(a)
The estimated cost of the off-tract improvements allocated to the subdivider shall be paid by the subdivider, if deposited in cash, to the Municipal Clerk, who shall ensure that it only be used for the off-tract improvements for which they are deposited or improvements serving the same or a similar purpose.
(b)
If the subdivider shall deem that any of the amounts so estimated by the municipal agency are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision approval.
(c)
If the subdivider and the municipality cannot agree with respect to the subdivider's appropriate share of the actual cost of the off-tract improvement and the off-tract improvement is constructed as a local improvement, the dispute shall be decided in an appropriate judicial proceeding or proceedings.
(7)
Assessment of properties. Upon receipt from the subdivider of its allocated share of the costs of the off-tract improvements, the municipality 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 municipality. Any assessments for benefits conferred made against the subdivider or its successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the Municipal Clerk pertaining thereto.
(8)
Credit for work performed. In the event that the subdivider, with the municipality's 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 assessment for that particular off-tract improvement, or portion thereof, as if the subdivider had deposited its apportioned cost with the Municipal Clerk.
§ 150-93 Design Standards.
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
A.
Master Plan and Zoning Ordinance. The subdivision shall conform to the Master Plan and Zoning Ordinance and shall conform to the proposals and conditions shown thereon. The street widths, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan shall be adhered to in the approval of subdivision plats.
B.
Streets.
(1)
The arrangement of streets not shown on the Master Plan shall be such as to provide for the appropriate extension of existing streets.
(2)
Minor streets shall be so designed as to discourage through or heavy traffic.
(3)
Marginal access. In subdivisions that abut arterial streets and such other streets or portions of streets as the municipal agency may designate on the Master Plan, the agency 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.
(4)
Right-of-way width. The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet and shall be increased if a greater width is shown on the Master Plan.
(5)
No subdivision showing reserve strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips have been placed in the governing body under conditions approved by the municipal agency.
(6)
Subdivisions that adjoin or include existing streets that do not conform to width as shown on the Master Plan or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, one-half of the required extra width shall be conveyed to the municipality.
(7)
Grades of arterial and collector streets shall not exceed eight percent. Grades on other streets shall not exceed 10 percent. No street shall have a minimum grade of less than one percent.
(8)
Street intersections shall be as nearly at right angles as is possible, and in no case shall be less than 60 degrees. The block corners at intersections shall be rounded at the curb line and have a radius of not less than 25 feet.
(9)
Street jogs with centerline offsets of less than 125 feet shall be prohibited.
(10)
A tangent at least 100 feet long shall be introduced between reverse curves on all streets.
(11)
When connecting street lines deflect from each other at any one point by more than 10 degrees and not more than 45 degrees, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
(12)
All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.
(13)
Culs-de-sac shall not exceed 600 feet in length and shall have a turnaround at the end with a radius of not less than 50 feet to the right-of-way line. The tangent, whenever possible, should be to the right side of the street. If a dead-end street is of 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.
(14)
All street names shall be approved by the municipal agency. No street shall have a name which will duplicate or so nearly duplicate in name or sound as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
(15)
Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical subdivisions.
(16)
Street design and location shall include provisions for street access to adjoining property as required by the municipal agency.
C.
Blocks.
(1)
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 Ordinance and to provide for convenient access, circulation control and safety of street traffic.
(2)
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
D.
Lots.
(1)
Dimensions. Lot dimensions and area shall be not less than the zoning requirements of the Land Use and Development regulations.
(2)
Side lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets, including culs-de-sac.
(3)
Frontage. Each lot must front upon an approved street.
(4)
Setbacks. 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)
Suitability. All lots shall be suitable for their intended uses and, where necessary, increased in size to compensate for conditions, such as percolation rates, steep slopes, rock formations and flood conditions. Where there is a question as to the suitability of a lot or lots for their intended use, the municipal agency may withhold approval of such lots.
E.
Public Use and Service Areas.
(1)
Easements. Easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 25 feet wide and located in consultation with the authorities or municipal departments concerned.
(2)
Drainage easements. Where a subdivision is traversed by a watercourse, drainage way, channel or street, there shall be provided a storm water 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.
(3)
Natural features. Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.
§ 150-94 Legality.
A.
Filing of All Subdivision Plats.
(1)
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the municipal agency as indicated on the instrument by the signature of the Chairman and Secretary of the agency or a certificate has been issued pursuant to this chapter. The signatures of the Chairman and Secretary of the agency shall not be affixed until the developer has posted the guaranties required pursuant to this chapter. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and, upon request of the municipality, the plat shall be expunged from the official records.
(2)
It shall be the duty of the County Recording Officer to notify the municipal agency in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
B.
Penalty for Selling Before Approval. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to State law, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made shall be deemed a separate violation.
C.
Suits. In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such contract of sale if a certificate of compliance has not been issued in accordance with this chapter.
D.
Lien. 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 developer or his assigns or successors, to secure the return of any deposits 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 said land or within six years, if unrecorded.
E.
Certificate Showing Approval; Contents. The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such subdivision three years preceding August 1, 1977, may apply in writing to the Secretary of the municipal agency for the issuance of a certificate certifying whether or not such subdivision has been approved by the municipal agency. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. The Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Secretary shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office. Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(1)
Whether there exists in said municipality a duly established municipal agency and whether there is an ordinance controlling subdivision of land adopted under the authority of Chapter 291 of the Laws of New Jersey 1975.
(2)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the municipal agency and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision on which the lands are a part is a validly existing subdivision.
(3)
A fee of $10 shall be charged for each certificate.
F.
Right of Owner of Land Covered by Certificate.
(1)
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest, free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of this chapter.
(2)
If the Secretary designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefore, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to this chapter.
(3)
Any such application addressed to the Municipal Clerk shall be deemed to be addressed to the proper designated officer, and the municipality shall be bound thereby to the same extent as though the same were addressed to the designated official.