Prior to the granting of final approval, the subdivider shall have installed or furnished performance guarantees as set forth in Article VIII for the ultimate installation of the improvements described below. All improvements shall be subject to approval and inspection by the Township Engineer, who shall be notified by the developer at least two weeks prior to the start of construction of any improvements. No underground installation shall be covered until inspected and approved.
A. Compliance required. The developer shall observe the requirements and principles of land subdivision and site design of each development or portion thereof, as set forth in this article.
B. General standards. The development shall conform to design standards that will encourage good development patterns within the Township. The development shall conform to the proposals and conditions shown on the Official Map, if there be one, and Master Plan of the Township. The streets, drainage or other areas shown on the officially adopted Master Plan or Official Map shall be considered in approval of all developments.
A. Streets, curbs and sidewalks. Streets, curbs and sidewalks shall be designed and constructed in accordance with all applicable requirements of this chapter, including the street specifications in Schedule A of this chapter.
(1) Arrangement. 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.
(2) Minor streets. Minor streets shall be so designed as to discourage through traffic.
(3) Marginal access. Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip or planting or some other means of separation of through and local traffic as the Planning Board may determine appropriate.
(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 unless a greater width is shown on the Master Plan or Official Map; provided, however that private streets of 40 feet in width are permitted to serve lots as regulated in § 102-167. In addition, for purposes of issuing building permits for existing lots located on unimproved or marginally improved mapped streets, there shall be a minimum right-of-way deeded to the Township of 40 feet. The right-of-way width of all streets shall be graded to a width equal to the pavement plus 20 feet, 10 feet on each side as measured from the edge of pavement or the curbline, if a curb is required. Rights-of-way widths are otherwise regulated in Schedule A.
(5) Street grading. The subdivider shall provide for the grading of all street rights-of-way for their full width and shall provide slope-right easements adjacent to the rights-of-way required.
(6) Pavement and curbs. The subdivider shall install pavement in accordance with the specifications contained in Schedule A of this chapter. Concrete or granite block curbs shall be installed along all streets, except along private roads as permitted and regulated in § 102-167 or along streets in the R-261 District as permitted and regulated in Schedule A, provided that surface water runoff can be adequately handled in drainage swales. Curbs shall be constructed in accordance with the typical section on file with the Township Clerk and in accordance with the current specifications of New Jersey Department of Transportation. [Amended 5-21-2001 by Ord. No. 637; 12-12-2005 by Ord. No. 710]
(7) Drainage swales. Drainage swales are permitted only in connection with private streets and, at the discretion of the Planning Board, on longer stretches of roads in sensitive areas, provided that said drainage swales meet the specifications as set forth in Appendix 1 and adopted as part of this chapter.
(8) Drainage. Adequate provisions shall be made for culverts, storm sewers and detention and/or retention basins as needed. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. Provisions shall also be made for special problems of drainage during construction. All drainage plans shall meet the provisions of Schedule B of this chapter and the Stormwater Management Ordinance.
(9) Turnarounds. Driveway turnarounds shall be provided on all lots fronting on a major arterial street, as shown on the Official Map or Master Plan. Turnarounds will not be required for corner lots when there is a means of access to a nonarterial side street.
(10) Service roads. The right-of-way and pavement width for internal roads in commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire-fighting equipment.
(11) Grades. Grades of all streets in general shall conform to topography and shall not be less than 1 nor greater than 11 %.
(12) Existing streets. Subdivisions that adjoin or include existing streets that do not conform to the widths as shown on the Master Plan or Official Map of 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, 1/2 of the required extra width shall be dedicated from the street center line.
(13) Intersections. Street intersections shall be as 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 curbline with curves having a radius of not less than 25 feet and rounded at the property line. No more than two streets shall meet or intersect at any one point.
(14) Street jogs. Street jogs with center-line offsets of less than 125 feet shall be prohibited.
(15) Tangents. A tangent of at least 100 feet in length shall be introduced between simple and reverse curves on collector and arterial roads. A tangent is not required for minor streets.
(16) Street line deflection. 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 radius of not less than 100 feet for minor streets and 300 feet for major streets.
(17) Lines of sight. All streets shall be designed with adequate vertical and horizontal lines of sight.
(18) Changes in grade. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
(19) Dead-end streets. Dead-end streets shall not exceed 1,000 feet in length, except where unusual topography or other unusual conditions require it or except a subdivision on a private road as permitted and regulated in § 102-167. In residential subdivisions, dead-end streets should provide a turnaround or cul-de-sac at the closed end with an outside curb radius of not less than 40 feet and shall have a right-of-way radius of 50 feet; provided, however, that an alternative to the paved fortyfoot radius shall be a twenty-five-foot-wide pavement around a vegetation island which has a diameter of 50 feet and shall have aright-of-way radius of 60 feet. All turnarounds shall be entirely paved unless provided with a vegetation island as permitted herein, in which case the vegetation island shall be either:
(a) Part of the right-of-way in a conventional subdivision in which the Township will ultimately accept and maintain said road; or
(b) Owned by the homeowners' association if the cul-de-sac is part of a subdivision on a private road as permitted and regulated in § 102-167.
(20) Driveway aprons. On streets where curbs are not required, paved driveway aprons shall be installed on each lot. The apron shall extend from the edge of the street pavement to the street right-of-way line and shall be at least 12 feet wide with a ten-foot radius where it connects with the paved street. Said aprons shall meet the specifications as set forth in Appendix 2A and adopted as part of this chapter. Maintenance of a driveway apron shall be the responsibility of the property owner.
(21) Mailbox aprons. On streets where curbs are not required, paved mailbox aprons shall be installed to service each mailbox. The apron shall extend from the edge of the street pavement to the mailbox. Said aprons shall be part of the driveway apron as set forth in Appendix 2B. Where it is not feasible to combine the driveway and mailbox aprons, a separate mailbox apron may be provided as set forth in Appendix 3 if acceptable to the Township Engineer and for the Construction Official. Maintenance of a mailbox apron shall be the responsibility of the property owner.
(22) Sight easements. When required by the Planning Board as being essential to traffic safety, the subdivider shall provide for sight easements at street intersections to allow for proper sight distances.
(23) Parking. No parking shall be permitted on any cul-de-sac or looped street, drainage Swale or grass shoulder.
(24) Private road requirements. Any private road permitted by the Planning Board designed to carry out the objective of § 102-167 must intersect an existing Township or county road. Said private road shall continue to remain private, and its maintenance shall be the sole and separate responsibility of the property owners fronting on that road, and a certification to that effect shall be placed on the subdivision plat indicating an acknowledgment as to this fact.
(25) Street names. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of any existing street. The continuation of an existing street shall have the same name. All street names shall be subject to the approval of the Township Committee.
(26) Street signs. The subdivider shall provide street signs at all intersections as required by the Township Engineer.
(27) Manholes. The subdivider shall provide locking-type manholes at locations other than in a public street paving. In flood-prone areas, watertight locking-type manhole covers shall be used.
(28) Survey monuments. Survey monuments shall be of the size and shape required by N.J.S.A. 46:239.11(q) and shall be placed in accordance with said statute.
(29) Shade trees. The subdivider shall plant nursery grown shade trees on both sides of each street not less than nine feet in from the curbline so as not to interfere with possible future utilities and not more than 50 feet apart. Shade trees should be of at least one-and-three-fourths-inch caliper and of the following varieties: oak, linden and maple (except Norway or silver maple), or such other species as approved by the Planning Board, and shall be trimmed so that the lowest branches will be at least eight feet above grade. Where warranted by the topography of and the existing vegetation on the site, the Planning Board may recommend alternative placement of shade trees on or about the site.
B. Blocks. Block length and width or acreage within bounding streets shall be such as to accommodate the size of lots required in the area by the zoning regulations in Part 4 and to provide for convenient access, circulation control and safety of street traffic. C. Lots.
(1) Lot dimensions and area shall not be less than the requirements of the Township zoning regulations.
(2) Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
(3) Each lot must front upon a street having aright-of-way at least 50 feet in width, except as provided in Schedule A.
(4) (Reserved)
(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 or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots. All lots shall be so arranged that to the greatest extent possible each lot can reasonably be developed without intruding into environmentally sensitive areas.
(6) Each lot dedicated to a public entity or nonprofit conservation group for open space purposes shall be monumented to delineate the boundaries of the lot. The monuments shall be survey monuments of the size and shape required by N.J.S.A. 46:23-9.11 (r) and shall be placed in accordance with the directions of the Planning Board. [Added 7-27-1998 by Ord. No. 572]
(7) Interior lots shall not have frontage on more than one street. Corner lots shall have frontage on not more than two streets. [Added 9-25-2000 by Ord. No. 622]
D. Topsoil protection. All topsoil moved during the course of construction shall be redistributed so as to provide cover to all areas of the subdivision and shall be stabilized by seeding or planting. No topsoil shall be removed from the site.
E. Tree protection and removal and soil erosion and sediment control. The subdivider shall have complied with or make provisions to comply with an approved tree protection and removal plan and a soil erosion and sediment control plan if and as required by Part 5.
F. Utilities, easements and natural features.
(1) General.
(a) For all major subdivisions, the applicant shall arrange with the serving utility for the underground installations of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from such overhead lines or extensions thereof, but the service connections from the utilities' overhead lines shall be installed underground. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as a part of the complete subdivision plan.
(b) Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 20 feet in width shall be provided.
(c) All such underground installations for utilities and their service lines shall be subject to inspection and approval by the Township Engineer, who shall be notified of such underground installations at least 48 hours prior to any excavation therefor. No underground installation shall be covered until inspected and approved by the Township Engineer and those agencies having jurisdiction over the particular installation.
(d) Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
(e) Conservation easements. [Amended 10-23-2000 by Ord. No. 623]
[1] Where conservation values relating to scenic vistas, open space, historical areas, soil types, steep slopes, rock outcroppings, preservation of trees, protection of watercourses, protection of animal life and elimination of excessive noise are deemed by the Planning Board to require special protection, said areas shall be located within a conservation easement of sufficient area and width to protect the aforementioned features, which easement shall be dedicated to the Township of Boonton.
[2] All such conservation easements shall be in a form satisfactory to the Township Attorney and shall carry the following limitations:
[a] No trees, shrubs or other vegetation shall be removed or destroyed on lands in the easement except in accordance with approved forest management practices, subject to approval by the Township.
[b] No topsoil, loam, peat, sand, gravel, rock or minerals shall be excavated or removed.
[c] No buildings, structures, signs, billboards or other advertising of any description shall be erected.
[d] No dumping or placing of soil or other substances or material as land fill shall be permitted except as may be required to build a road, and then only after the Planning Board approves the design of such road as part of the subdivision.
[e] No dumping or placing of trash, waste or unsightly or offensive materials shall be permitted.
[f] No surface use is permitted except for purposes permitting the land or water area to remain predominantly in its natural condition.
[g] No activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation or fish and wildlife habitat preservation shall be permitted.
[3] Such conservation easements shall also provide that the Township shall, upon 48 hours' prior notice (except when the Township reasonably believes activities are being conducted within the conservation easement area that are materially detrimental to the preservation thereof, in which case the Township shall have the right to immediate entry without notice), have the right to enter upon the conservation easement area at reasonable hours for purposes of inspection. In the event that the Township determines that the terms of the conservation easement are not being complied with, the Township shall have the right, but not the obligation, to take any action that is reasonably required to ensure compliance with the terms of this subsection and, in such event, to be reimbursed by the owner of the lot upon which the conservation easement is located for the costs incurred by the Township in connection therewith.
(2) Water. The subdivider shall make a supply of water available to each lot within the subdivision. If other than well water, the subdivider shall contract for the installation and maintenance and operation of fire hydrants in locations approved by the Township. Fire hydrants shall conform to the standards of the National Fire Prevention Association. The Planning Board may approve a public water supply system without hydrants if there is inadequate volume or pressure. Where a public water system with hydrants is not available, or where surface water, such as lakes, ponds and pools, which would be suitable as sources of water for fire protection, do not exist, the Planning Board, with the advice of the Fire Department, may require the installation of subsurface holding tanks or cisterns. Each tank or cistern shall have a minimum capacity of 15,000 gallons and shall be in an appropriate location in order to ensure adequate fire protection to the development. The Planning Board may also require the installation of draft pipes and other apparatus necessary to gain access to water supply sources. All installations shall be subject to the approval of the Township Engineer.
(3) Sanitary sewers.
(a) Where a public sanitary sewer system is reasonably accessible within the sewer service area and capacity is available to the development, each lot within the subdivision area shall be provided with sewage mains and connections thereto. The cost thereof shall be borne by the subdivider. All such installations of sewer mains and connections thereto shall be subject to the inspection and approval of the serving utility and the Township Engineer.
(b) Where a public sanitary sewer system is not reasonably accessible, the subdivider shall 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 Board of Health of the Township.
G. Critical areas.
(1) The purpose of this subsection is to prevent inappropriate development from taking place in areas of the Township characterized by steep slopes and wetlands. According to Table 7 in the Soil Survey of Morris County published by the United States Department of Agriculture, Soil Conservation Service, soils with a slope of 15% or greater invariably involve severe limitations to developments, including but not limited to building and road construction and septic effluent disposal. It is also determined that development in wetland areas has the potential of destroying natural habitats, disturbing natural ecological systems and adversely impacting groundwater resources. Moreover, it is found that the removal of vegetation and disturbance of soils on steep slopes by excavation and fill will increase runoff and result in soil erosion and siltation with the resultant pollution of streams, as well as the potential danger of flooding and water damage, thereby having the potential of endangering public and private property and life; that this condition is aggravated by soil disturbance, construction and development on these slopes which create an additional hazard to the lives and property of those dwelling on the slopes and below them; and that the most appropriate method of alleviating such conditions is through the regulation of soil disturbances, constructions and development. It is therefore determined that the special and paramount public interest in these slopes and wetlands justifies the regulation of property located thereon as provided below, which is the exercise of the police power of the Township for protection of persons and of the property of its inhabitants and for the preservation of the public health, safety and general welfare.
(2) Steep slope easements shall be established and shall be applicable to any area within a lot having a slope of 25% or greater; provided, however, that the applicant may exclude from said easements a maximum total amount of 1,000 square feet in such a location or locations as approved by the Planning Board. No building construction shall be permitted within said easement, and any such steep slope easement shall be reflected on both the preliminary and final plats. Within any such easement, no construction or disturbance of soil and healthy vegetation shall take place. [Amended 9-25-2000 by Ord. No. 622]
(3) Slopes in more than 50% of the minimum required front yard area shall not exceed 25%.
(4) No lot shall hereafter be created unless within the building envelope, but outside any steep slope easement, there exists a rectangular area of at least 10,000 square feet, with a minimum dimension of 75 feet in length or width satisfying the following criteria:
(a) The area contains no wetlands.
(b) The area contains no wetland transition area.
(c) Existing grades in more than 25% of said area do not exceed 25%.
(d) Existing grades in more than 75% of said area do not exceed 15%.
(e) In addition, no lot shall be created if the existing grades in more than 25% of said area exceed 15%, unless a detailed lot grading plan is submitted and approved in accordance with § 102-49H and provided that the conditions set forth in subsection below are met.
(5) No lot shall be created unless it can be demonstrated that the criteria established in Subsection H(8) below can be met.
(6) For the purpose of this § 102-49G and § 102-49H below, the term "disturbance" shall mean and shall include the cutting into and digging into or filling of land, the removal of rock, the cutting of vegetation and the removal of vegetation by whatever means. [Added 9-25-2000 by Ord. No. 622]
H. Lot grading plans. The criteria listed below shall be addressed by a lot grading plan whenever herein required.
(1) No soil shall be excavated, removed, deposited or disturbed except as a result of and in accordance with a lot grading plan approved under the terms of this chapter.
(2) Proposed disturbance of soil shall be for purposes consistent with the intent of this chapter, and it shall be executed in a manner that will not cause erosion or other unstable conditions.
(3) Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be provided for downstream properties.
(4) Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be provided for downstream properties.
(5) Provision shall be made for a safe water supply and for the disposal of sanitary sewage as approved by the Board of Health.
(6) Any proposed building or structure or attendant protective measures will not impede the flow of surface water through any watercourse. Only a nominal increase in water surface elevations and velocities will be allowed due to construction.
(7) Any proposed vehicular facilities, including roads, drives or parking areas, shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.
(8) Except for minor topographic variations, existing grades along the center line of any proposed driveway shall not exceed 15%, and the grade of any minor topographic variation shall not exceed 25%. Minor topographic variations shall mean that the grade along the center line of a driveway in excess of 15% shall not occur along more than 15% of the total length of the driveway, said grade to be computed between two-foot contour lines. The connection of any driveway to a street shall be by a vertical curve of sufficient radius to provide a smooth transition. The connection of any driveway to a street should comply with Article III, Driveways, § 127-21, Requirements, of Chapter 127, Streets and Sidewalks.
(9) Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Township Engineer.
(10) No cuts shall be made in slopes exceeding 25%. All cuts shall be supported by retaining walls or other appropriate retaining structures when, depending upon the nature of the soil characteristics, such structures are found necessary by the Township Engineer in order to prevent erosion.
(11) There shall be no alteration of site elevations in excess of one foot within five feet of an adjoining property.
(12) Changes in grade shall not exceed a slope of 2 to 1 unless supported by retaining walls.
(13) Limits of disturbance. [Added 9-25-2000 by Ord. No. 622]
(a) Slopes of 25% or greater shall remain undisturbed except as regulated in § 102-49G(2). Conservation easements shall be established in accordance with § 102-49G(2) to protect such areas from future disturbance.
(b) Not more than 20% of slopes ranging from 20% to 25% shall be disturbed, and the area of disturbance shall not exceed 5% of the total lot area.
(c) Not more than 30% of slopes ranging from 15% to 20% shall be disturbed, and the area of disturbance shall not exceed 10% of the lot area.
