a. Pursuant to N.J.S.A. 40:55D-1, et seq., where the need for off-site or off-tract improvements is deemed necessary as a result of the proposed development application, and where there is a rational nexus between the proposed development and the need for the off-tract improvement, the Planning Board or Board of Adjustment may require the applicant, as a condition of subdivision or site plan approval, to construct or contribute its prorata share of the cost of such off-site or off-tract improvements in accordance with the provisions of this Chapter. Off-site or off-tract improvements shall include:
1. Street improvements, water, fire cistern, sewer, drainage or other facilities or improvements of the types described in this Chapter for onsite installation, where the need for the provision of such improvements off-site or off-tract is, in whole or part, made necessary by the proposed development application.
2. Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the property which is the subject of the development application. In addition to improvements of the type described in this Chapter and referred to above, improvement required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.
3. The installation of new or the extension or modification of existing improvements made necessary in whole or in part by the development application.
b. Prior to the granting of final approval of any subdivision or site plan and prior to the issuance of any building permits for any land use requiring site plan approval pursuant to this Chapter, or for any residence or other use of land on an unimproved street or where any off-site or off-tract improvements have not yet been installed, the developer shall pay its pro-rata share of the cost of providing any reasonable and necessary street improvements, water, fire cistern, sewer or drainage facilities, and easements therefore, located outside the property limits of the development but which are necessitated or required by construction or improvements within the development. All payments shall be made in the manner set forth hereinafter, it being the intent of this section that the developer shall bear that portion of the cost of the improvements which bears a rational nexus to the needs created by the development and/or the benefits conferred upon such development.
c. The Planning Board or Board of Adjustment, as the case may be, shall review each development application and determine the need for off-site or off-tract improvements and the total cost therefore. The Board shall determine the amount, if any, by which all properties serviced thereby, including the applicant's property, will be specially benefited therefrom.
1.. In cases where reasonable and necessary off-site or off-tract improvements are required and where no other property owners will be specially benefited by the installation of such improvements, the Board shall require that the applicant, as a condition of approval, and at the applicant's expense, provide for and construct such improvements as if such improvements were located on-site.
2. In cases where the need for any off-site or off-tract improvements are required and where the Board determines that properties other than the applicant's will be benefited by the improvement, the Board shall forward to the Township Committee, a report containing a list and description of all such improvements, together with its request that the Township Committee determine, as set forth hereinafter, how the improvements should be undertaken.
d. Where the Planning Board or Board of Adjustment has determined that properties other than the applicant's will specially benefit from the installation of off-site or off-tract improvements, and has forwarded a report to the Township Committee, the Township Committee shall, within 45 days, make the following determinations:
1. That the recommended off-site or off-tract improvement should be undertaken in the manner recommended by the Board or whether the Committee is of the opinion that an alternative improvement should be considered by the Board.
2. The extent to which the improvement should be constructed or installed by the Township as a general improvement or as a local improvement.
3. Whether the improvement is to be constructed or installed by the developer under a formula providing for partial reimbursement by the Township or otherwise for benefits to properties other than that which is the subject of the development, where appropriate.
4. The Township Engineer shall estimate, with the aid of such Township officials or departments or other persons having pertinent information or expertise, the cost of the improvement and the amount by which all properties to be serviced thereby, including the developer's property, will be specially benefited therefrom.
5. Once the Township Committee has made the determinations described above, the developer shall be required, as a condition of final approval of the development, to provide a combination of performance and maintenance guaranties, cash contributions, developer's agreements and/or other forms of surety permitted by law, to insure payment to the Township of one of the following amounts:
(a) If the improvement is to be constructed by the Township as a local improvement, the developer's proportionate, share of the total cost of the improvement.
(b) If the improvement is to be constructed by the developer, the total cost of the off-site or off-tract improvement less an offset for the value of the special benefit, if any, to properties other than the developer's.
e. The amounts of money required pursuant to this section shall be estimated sums, and such amounts shall be redetermined by the Township Engineer following completion of all off-site and off-tract improvements to ensure that the developer shall pay only its prorata share of the cost thereof. In the event that the payment made by the developer is less than its share of the actual cost of the improvements, then the developer shall be required to pay its additional proportionate share of the cost thereof.
f. Should the developer pay the portion of the cost of improvements determined to be its prorata share under protest, legal action shall be instituted within one (1) year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
g. In the event that the developer shall not be required to install the off-site or off-tract improvements but is required to pay its prorata share of the cost therefore, then in that event there shall be paid to the Township Treasurer the amount of the developer's share of the determined cost of the off-site or off-tract improvement. All moneys received by the Township in accordance with the provisions of this section shall be deposited in an interest bearing account, and such funds shall only be used for improvements for which they are deposited or improvements serving the same purpose. If the improvements are not initiated within ten (10) years from the date of payment, or other mutually agreeable period of time, all deposited funds shall be returned to the developer, or its legal successor in interest, together with accumulated interest, less ten percent (10%) of accumulated interest for administrative costs. If after reasonable and diligent inquiry, the Township is unable to locate the developer or its successor in interest in order to return said funds, then the funds shall be placed in the Township's general capital improvement fund and shall not be returnable to the developer thereafter.
a. The final plat of a major subdivision or the final major site plan and all supporting documents as required by this ordinance shall be submitted to the secretary of the planning board within three (3) years from the date on which the resolution granting preliminary approval was adopted unless an extension of the preliminary approval has been applied for and granted by the planning board pursuant to the provisions of R.S. 40:55D-49. The application may be for the whole or a section or sections of the preliminary subdivision plat or preliminary site plan, as the case may be. The plat or plan shall meet the requirements of subsection 16-8.5.
b. The subdivision and site plan review committee and the township engineer shall review the final subdivision plat or final site plan and all documents pertaining to the application and shall report to the planning board on the application.
c. If the application is found to be in compliance with the requirements of this ordinance and with all conditions of preliminary approval imposed by the planning board, the planning board may grant final approval. If the applicant proposes any substantial amendment in the layout of improvements as shown on the preliminary plat or plan previously approved, an amended application shall be submitted and proceeded upon as in the case of the original application for preliminary approval.
d. The final plat or plan shall not be signed by the chairman or the secretary of the planning board until:
1. The timely approval of the plan by any appropriate state, county or municipal agency.
2. The approval by the township attorney of the developer's agreement furnished in accordance with subsection 16-7.4e.
3. The approval by the township attorney of a performance guarantee for uncompleted required improvements in accordance with subsection 16-7.4b.
4. The submission to the secretary of the planning board of a certificate from the tax collector satisfying the provisions of section 13-9.
5. The submission to the secretary of the planning board of any required deed(s) for dedication of road right-of-way or required easements, which deed(s) have been approved by the township engineer and township attorney.
6. The approval by the township attorney of any required maintenance and tax liability covenant for applications under subsection 16-10.4, Backlands Provisions, Private Street Development.
7. There is accurately shown on the plat or plan the maximum allowable slope disturbance as approved by the Planning Board for each lot and parcel comprising the development application.
**Webmasters Note: The previous subsection has been added as per Ordinance No. 26-2006.
e. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The signing of the plat, the filing of the plat and any extension of time granted for filing shall be pursuant to R.S. 40:55D-54.
f. The effect of the grant of any final approval shall be as follows:
1. The zoning requirements applicable to the preliminary approval previously granted and other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date on which the resolution of final approval is adopted; provided that in the case of a major subdivision the rights conferred shall expire if the plat has not been duly recorded as provided in subsection 17-7.5e. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat, the planning board may extend such period of protection for extensions of 1 year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the period of preliminary approval for the section granted final approval.
2. In the case of a subdivision or site plan for a residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the planning board may grant the rights referred to in subsection 16-7.5f.1 for such period of time, longer than 2 years, as shall be determined by the planning board to be reasonable taking into consideration the number of dwelling units, economic conditions and the comprehensiveness of the development. The developer may apply thereafter for, and the planning board may grant, an extension of final approval for such additional period of time as shall be determined by the board to be reasonable taking into consideration the number of dwelling units permissible under final approval, the number of such units remaining to be developed, economic conditions and the comprehensiveness of the development.
3. Whenever the planning board grants an extension of final approval pursuant to 1 or 2 above and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
4. The planning board shall grant an extension of final approval for a period determined by the board but not exceeding one (1) year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued such approvals. A developer shall apply for the extension before (a) what would otherwise be the expiration date of final approval or (b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this paragraph shall not preclude the planning board from granting an extension pursuant to paragraphs 1 or 2 above.
After final approval and filing in the county clerk's office, one translucent tracing and one cloth print shall be filed with the township clerk. The original tracing and one cloth print shall be returned to the developer.
a. No construction permit shall be issued until the final major subdivision approval has been granted by the planning board and the final plat has been filed with the county recording officer within the time permitted for filing. Proof of filing shall be submitted to the secretary of the planning board together with the map number assigned by the county recording officer. The construction official shall not issue a construction permit until he has been notified by the secretary of the planning board that proof of filing of the plat has been received.
b. No construction permit for any building or structure which is the subject of site plan approval shall be issued until final site plan approval is granted and all improvements have been completed or guarantees have been furnished to the township to insure completion in accordance with subsection 16-7.4b.
c. The Township Construction Official shall not grant a construction permit for any new structure on any undeveloped lot or a demolition permit for a single family dwelling unless the applicant shall have first applied for and been granted a tree removal permit and/or lot development permit. The applicant shall not be required to obtain a tree removal permit if the Tree Preservation and Landscape Committee has advised the Township Construction Official in writing that a tree removal permit is not required for the site. The applicant shall not be required to obtain a lot development permit if the Township Engineer has advised the Township Construction Official in writing that a lot development permit is not required for the site.
No certificate of use and occupancy shall be issued for any building on any lot in a subdivision or on a site plan until the construction and installation of the following improvements required for such lot have been completed, inspected and approved by the township engineer:
1. Street Improvement. A curbed street having a consolidated and firm subgrade with a base and intermediate course meeting township road specifications shall have been constructed and installed along the entire frontage of the lot and between the lot and a street which has previously been accepted by the township for maintenance or between the lot and a county road. The height of manholes and valve boxes at the time of completion of the intermediate course shall be determined by the township engineer.
2. Drainage Facilities. All storm and surface water drainage facilities required for the drainage of the lot shall have been constructed and installed.
3. Sanitary Sewerage Facilities and Water Supply Facilities. Any public, common or individual sanitary sewerage facilities and water supply facilities to serve the lot shall have been constructed, connected and placed in service.
4. Other Utilities. All other utilities required to serve the lot shall have been constructed and installed with service available.
5. Sidewalks. If any sidewalk is required to be installed along the frontage of the lot, then the sidewalk area along the entire frontage of the lot shall have been cleared and graded in preparation for the installation of the sidewalk.
6. Soil Erosion Measures. All work and/or improvements required by the approved soil erosion and sediment control plan has been performed or constructed, as the case may be.
Whenever final approval is obtained for a section of a subdivision or a section of a site plan, then all of the improvements for that section shall be completed in all respects and inspected and approved by the township engineer before any certificate of use and occupancy shall be issued for any building on any lot in any succeeding section of the subdivision or for any building in any succeeding section of the site plan.
a. In addition to the details specified by subsections 16-8.2, 16-8.3, 16-8.4 and 16-8.5 for the preparation of subdivision plats and site plans, the following details, items or standards are required as applicable:
1. The subdivision plat or site plan shall show within blocks along the right-hand margin of the first sheet, or along the lower margin of the sheet if demanded by the configuration of the plat or plan:
(a) The title of the plat or plan, in caps, and in the lower right-hand corner of the sheet, as a title block.
(b) The sheet number and the number of sheets provided as a single plat or in a complete set of plans in the lower right-hand corner of the title block. The title block will be required on additional sheets of the plat or plans.
(c) The name and address of the person or firm that prepared the plat or plan, including signature, qualification and license number (The preliminary and final subdivision plats and the preliminary and final site plans shall be drawn only by persons qualified to do so as set forth in Subchapter 7 of Chapter 40 of Title 13 of the New Jersey Administrative Code, N.J.A.C. 13:40-7.1 et seq. entitled "Permissible Division of Responsibility in Submission of Site Plans and Major Subdivision Plats".)
(d) The dates of the sheets of the original plat or plan and the dates of revisions thereof, including a brief description of each revision, except for the final plat of a major subdivision or of a major site plan which shall show only the date of preparation.
(e) The name(s) of the owner(s) of the tract being subdivided or developed.
(f) The name and address of the applicant, if other than the owner.
(g) Lines for signatures and dates of approval for the township engineer, planning board chairman, planning board secretary, and the township clerk, preferably above the title block.
2. The direction of North.
3. The N-S bearing and length in feet of each line (course) required to plot the entire tract.
4. The subdivision plat or site plan shall include a lotline and/or lot development layout plan. Proposed development features shall be represented graphically by solid lines, existing features to be removed shall be represented by dashed lines, joining symbols shall be used to indicate lot consolidation or common ownership where appropriate. Each lot within the development shall bear a lot number as assigned by the Township Engineer. Block numbers shall be shown.
5. Where the center line of a stream serves as a lot line, such symbol shall be used and a note indicating such a boundary shall be placed on the plat or plan.
6. Lot sidelines and dimensions for lot sidelines shall terminate at the sideline of the street right-of-way. Lot frontage shall be measured along the sideline of the street right-of-way. Lot area shall not contain any portion of the road right-of-way.
7. The Building Envelope (BE) and Net Building Envelope Area (NBEA) shall be shown for each lot on all plats except for the concept plan. In addition, each lot shall have inscribed therein a Lot Geometry Circle (LGC) and a Building Envelope Circle (BEC) as provided in subsection 21-4.8 of Chapter XXI, Zoning Regulations.
8. Lot lines, lot numbers, and the full names of the owners of adjoining properties, including properties across a street or across a municipal boundary line, and including all properties within 200 feet of the boundaries of the entire tract subject of the application for development shall be shown. information from the most recent township tax records shall be used.
9. A key map showing the entire development and its relation with the surrounding area, at a small scale.
10. Block limits, zone district boundaries and municipal boundaries, where applicable, shall be shown within the tract being developed and within 200 feet thereof, by light lines that will not be confused with lot lines.
11. A schedule in the margin area shall state required lot area, frontage, width, depth, and required front, side and rear yards for the applicable zone districts.
12. Existing or proposed private streets as defined by this ordinance shall be labeled and marked "NOT DEDICATED TO PUBLIC USE". Private lanes which provide access to one or more properties shall be shown and identified as to use.
b. In addition to the details specified in a. above for all subdivision plats and site plans, the following details, items or standards are also required:
1. The area of the tract to be developed to the nearest one hundredth of an acre, or in square feet for small lots in the R, CR-1, CR-2 and B zone districts, shall be shown in margin area information.
2. For exceptionally large tracts, the location of that portion which is designated for development in relation to the entire tract shall be shown.
3. All existing structures within the entire tract being developed, including any structures which are to be demolished, and all structures within two hundred (200) feet of the entire tract being developed. Where appropriate, set back in feet of existing buildings or structures from the lot lines within the tract being developed shall be shown and the use of such buildings or structure shall be noted on the plat.
4. Wooded area and cleared area by symbol or by note within the tract being developed and within two hundred (200) feet thereof shall be shown on the plat or plan.
5. When several lots are included in a development, the lot lines and lot numbers of such original lots shall be shown on a map of small scale, or on the subdivision plat or site plan if such lot lines will not be confused with proposed lot lines. Joining symbols or notes may be used.
6. The location of utility lines, utility easements, easements or rights-of-way within the tract being developed and which may affect lot titles shall be shown on the plat or plan with the use specified.
7. The plat shall show all rock formations, water bodies, marshes or swamps, streams, water ways, bridges, culverts, drainage courses including drainage improvements within the township and any adjoining municipalities, as well as all roads within five hundred (500) feet of the tract being developed.
8. A proposed plan and schedule in connection with the intended development showing the location, caliper/size, species and quantity of trees and shrubs to be planted and/or to be removed, and the design of other landscape elements pursuant to Chapter XXIII, Tree Preservation and Landscape Regulations.
c. In addition to site plan details required by subsections 16-8.3, 16-8.4, 16-8.5 and by this subsection for the preparation of site plans, information and drawings in large scale as listed in subsection 16-8.6, Site Plan Details, Engineering and Architectural Drawings, shall be provided with the site plan.
d. The plat of a minor subdivision, minor site plan, preliminary plat of a major subdivision and preliminary major site plan shall show the following:
1. The plat or plan shall accurately show the location of all percolation test pits with each pit bearing an assigned number. Data shall include soil types both as indicated by the Soil Survey of Morris County, New Jersey, and by excavation. Data shall include the date of each test, weather conditions which may affect the test, depth of top soil and depth of subsoils, depth of encountered fragipans, ground water, and bed rock, depth at which percolation test was made, percolation rate and the name(s) of the township official(s) observing the test.
2. The plat or plan shall accurately show the locations of all water supply wells within the subdivision and within one hundred (100) feet thereof, and shall show the locations of existing sewage disposal systems as accurately as possible within the subdivision or development and within one hundred (100) feet thereof.
3. The plat or plan or deed perfecting the minor subdivision shall accurately show the maximum allowable slope disturbance as approved by the Planning Board for each lot and parcel comprising the development application.
**Webmasters Note: The previous subsection has been added as per Ordinance No. 26-2006.
e. An application for the approval of a minor subdivision, minor site plan, preliminary plat of a major subdivision, or a preliminary major site plan shall be accompanied by studies and plans according to the requirements of
1. Chapter XVII, Environmental Impact Study.
2. Chapter XIX, Soil Erosion, Sediment Control and Flood Prevention.
f. A copy of any protective covenants or deed restrictions applying to the land being developed shall be submitted with the plat or plan.
