a. General. The creation of a flag lot and a flag lot driveway shall be permitted as approved by the Planning Board under Chapter XXI, Zoning Regulations and shall meet the requirements of this Section.
1. The design of the flag lot driveway, construction materials and construction methods shall be, where applicable and where the requirements of this subsection are insufficient, according to the requirements of Chapter X, Streets and Sidewalks, Requirements stated within this section are considered as minimum.
2. A flag lot driveway shall intersect a public street as nearly at right angles as is practicable but in no case shall the intersection be less than sixty (60) degrees. Where possible, turning radii shall be provided at the street intersection. The geometry and assignment of flag lot driveways shall be consistent with sound planning practices as approved by the Planning Board.
3. Provisions for sight easements at the intersection of a flag lot driveway with a public street shall be made as deemed appropriate by the Planning Board.
4. A flag lot driveway shall not be longer than seventeen hundred (1,700) feet unless otherwise approved by the Planning Board.
5. A flag lot driveway shall have, generally, a minimum grade of one percent (1 %) and shall not have a grade of less than one-half percent (.5%) nor greater then ten percent (10%). Grades shall be no more than two percent (10%) within thirty five (35) feet of the point of intersection with a public street right-of-way.
6. A flag lot driveway shall terminate in a turnaround designed to accommodate Township fire equipment.
7. Drainage structures for a flag lot driveway shall be of a type, size and location (on-site, on-tract, off-site or off-tract) as reasonably required to provide proper drainage.
8. The flag lot shall bear a house number which shall be placed at the intersection with the public roadway.
9. The flag lot driveway shall be continuous with neither fork nor junction.
10. Flag lot driveways and Common Driveways shall be graded to a width of eighteen feet arid shall be improved to a width of twelve (12) feet. The entire driveway shall be improved with four (4) inches of quarry-processed stone plus two (2) inches of bituminous concrete. The sub-base shall be approved by the Township Engineer as suitable for these specifications. An apron shall meet the pavement requirements of the paved driveway or as otherwise recommended by the Township Engineer.
c. No Municipal Services. In the case of flag lot driveways, no municipal services other than police, fire and first aid protection shall be provided by the Township of Mendham. The foregoing shall be considered as a restriction on and a condition of approval on any such subdivision containing a flag lot driveway and a statement to this effect shall be placed upon the subdivision plat thereof before final approval is given.
d. Deed Provisions. In appropriate instances, the Planning Board shall require that the subdivision plat and the deeds for conveyance of title shall note and/or stipulate in the covenants thereof that any conditions of approval be recited in addition to any provisions for the allocation of taxes or the cost of maintenance of properties utilizing a common flag lot driveway.
**Webmasters Note: The previous section has been amended as per Ordinance No. 13-2005.
a. Block Design. Block length and width or acreage within bounding public roads shall be such as to accommodate the sizes of lots required in the area by Chapter XXI, Zoning Regulations, and to provide for convenient access, circulation control and safety for street traffic and pedestrian traffic.
b. Walk-Through Rights-of-Way.
1. In blocks where public streets are over six hundred (600) feet in length, public walk-through rights-of-way may be required along lot lines in locations as deemed necessary by the planning board. Such rights-of-way shall be at least twenty (20) feet in width and shall not be more than fifty (50) feet in width and shall be straight from street to street, where practicable. Improvements within such rights-of-way may be required by the planning board for safety and convenience.
2. The planning board, in its consideration of developments which abut lands yet to be developed, shall consider the possibilities of future development of the abutting lands and may require the establishment of rights-of-way, as above, to the common boundaries of the abutting lands.
3. Walk-through rights-of-way shall be required from public roads to recreation areas, parks, school grounds or other public areas when deemed necessary for public convenience and safety by the planning board.
4. The planning board shall encourage the provision of walk-through rights-of-way between private streets where appropriate.
a. Lot dimensions and area shall not be less than the requirements of Chapter XXI, Zoning Regulations.
b. Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
c. Each lot within a subdivision shall front upon a state or county roadway, or upon an existing improved municipal street, or upon an approved street of at least fifty (50) feet width within the subdivision.
d. Where extra right-of-way width has been dedicated for widening of existing streets, lots shall begin at such setback front line, and all front building setbacks shall be measured from such line.
e. Where there is a question as to suitability of a lot or lots for their intended use due to factors such as rock formation, flood conditions, high water table, where percolation tests or test borings, as determined by the board of health, show the ground conditions to be inadequate for proper sewage disposal, or similar circumstances, the planning board may after adequate investigation withhold approval of such lots. Any lot for which approval was or is withheld shall be consolidated with an adjoining approved lot. The planning board may also require that provision be made for conservation restrictions or easements in critical areas.
f. In areas of steep slope, a lot shall be so designed to permit the construction of a driveway with a grade of less than fifteen percent (15%) to the parking area of the proposed residence site. A driveway of steep grade and long length shall be designed to permit the passage and turn-around of emergency vehicles.
g. No lot in a residence zone shall be so reduced in width or in depth in its front area as to prevent the construction of a residence of minimum permitted size at the front building line and within the building envelope.
h. Lots in Minor Subdivisions and Minor Site Plans.
1. Utilities. The undeveloped lots of a minor subdivision or the undeveloped lot of a minor site plan that abut(s) streets on which overhead utilities exist may be served by the overhead electric, cable and telephone service lines, but service connections from the utilities overhead lines to the residences or units constructed on such lots shall be installed underground.
2. Topsoil and Subsoil Removal. No topsoil shall be removed from lots, sites or tracts. Unless previously approved by the planning board, subsoils shall not be used for spoil nor removed from the lots, sites or tracts without the approval of the township engineer.
a. All driveways shall have a minimum width of nine (9) feet.
b. All driveways shall be constructed in such a manner as to prevent erosion or deposit of soil upon any street or road or in gutters, catch basins, inlets, drains or culverts.
c. All driveways shall be constructed in such a manner that the driveways will not interfere with the drainage along the existing pavement or traveled way. Runoff from a driveway shall not discharge on the traveled way. Where curbs are installed and no ditch or gutter exists, water may not be discharged more than two (2) feet beyond the curb. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing pavement and traveled way thereby creating a hump or uneven driving surface on the pavement or traveled way.
d. All driveways shall meet the abutting roadway at a horizontal angle of not less than sixty (60) degrees. All driveways shall have a minimum sight distance of oncoming vehicles in each direction of two hundred fifty (250) feet when observed at a point ten (10) feet back from the existing pavement at a height of four (4) feet above the ground. Where the posted speed limit along the roadway is greater than twenty-five (25) miles per hour, the minimum sight distance shall be ten (10) feet for each mile per hour.
e. Driveways for corner lots shall be located at least one hundred twenty-five (125) feet from the centerline of the road intersection.
f. For driveways which enter upon paved streets or roads, the portion of the driveway constructed within the street or road right-of-way shall be paved in accordance with subsection 16-10.7i.
g. No portion of any driveway shall be constructed at a grade exceeding fifteen percent (15%). Furthermore, the first thirty (30) feet of the driveway measured from the edge of the street or road pavement shall not exceed a grade of five percent (5%). Changes in vertical grades shall be made with smooth vertical curves at least twelve (12) feet in length.
h. Where a driveway is at a higher elevation than the street and where the driveway grade exceeds eight percent (8%) at any point within one hundred (100) feet of the public right-of-way, the following requirements shall be met:
1. The driveway shall be paved in accordance with subsection 16-10.7i.
2. The driveway pavement shall extend from the right-of-way line to a point at which the grade is less than eight percent (8%) or for a distance of one hundred (100) feet, whichever is the lesser distance.
3. The pavement required beyond the right-of-way line shall be in addition to the pavement required within the street right-of-way.
i. All driveways constructed within municipal, county or state rights-of-way shall be minimally constructed of the following materials:
1. Driveways entering upon unpaved roads: six (6) inches of soil aggregate, New Jersey Department of Transportation Type 5, Class A (quarry process) thoroughly rolled and compacted, except where pavement is required by subsection 16-10.7h.
2. Driveways entering upon paved roads:
(a) Base course of four (4) inches of soil aggregate, New Jersey Department of Transportation Type 5, Class A (quarry process) thoroughly rolled and compacted.
(b) Surface course of two (2) inches of bituminous concrete, New Jersey Department of Transportation Mix 1-5 (FABC).
All pavement thickness indicated above shall be compacted thickness.
j. Notwithstanding the provisions of subsection 16-10.7i, all driveways constructed within county or state rights-of-way shall meet any stricter requirements imposed by the county or the state, as the case may be.
All subdivision and site plans shall be designed so that, to the greatest extent possible, critical areas, the disturbance of which could result in flooding, erosion, sedimentation, loss of valuable vegetation, impairment of water quality or quantity, or other substantial harm to the environment or to human habitation, shall be left undisturbed. Development techniques, including BMP's (Best Management Practices), shall be employed so that development can take place without causing adverse impacts on the environment and without detriment to the public health, safety and general welfare. Vegetation shall be preserved to the extent practical. All subdivision plans and site plans shall comply strictly with all Federal and New Jersey State rules and regulations including, but not limited to, rules and regulations of the New Jersey Department of Environmental Protection applicable to the development of land.
The minimum information and data necessary to evaluate and assure the above stated purposes shall include the following:
a. Environmental Impact Study. A study according to the requirements of Chapter XVII, Environmental Impact Study, shall be conducted and the documentation resulting from such study shall be filed with the preliminary plat or site plan at the time an application for preliminary subdivision or site plan approval is made.
b. Flood Hazard Areas. An application for a Development Permit shall include the necessary additional documentation according to the requirements of Chapter XVIII, Flood Hazard Area Regulations.
c. Soil Erosion and Sediment Control Plan. The soil erosion and sediment control plan shall be filed with the preliminary plat or site plan. The soil erosion and sediment control plan shall be prepared according to the requirements of Chapter XIX, Soil Erosion, Sediment Control and Flood Prevention.
d. Steep Slopes Map. A map establishing the limits of all disturbance on any lot to be created by subdivision and/or any lot for which preliminary site plan approval is requested according to the requirements of Section 16-10.13, Steep Slope Disturbance Limits.
e. Wetlands and Transition Areas. A map with appropriate notes providing for the protective measures according to the requirements of Section 16-10.14, Protection of Wetlands and Transition Areas during Construction.
f. Conservation Easements. Conservation easements, as described in Section 16-10.10, in favor of the Township may be required as a condition of approval of a subdivision or site plan to protect natural resources of special character or environmentally sensitive areas. Resources to be protected may include, but are not limited to, the following:
2. streams and stream corridors.
3. steep slopes.
The developer shall establish adequate measures for on-site storm water management, including BMP's, meeting the following requirements:
a. The rate of the runoff from the site following completion of the development shall not exceed that which existed prior to development and every practical effort shall be made to minimize any increase in volume and to maintain and/or improve the quality of runoff which existed prior to the development.
b. Maximum use shall be made of presently existing storm water runoff control devices, mechanisms or areas such as existing berms, terraces, grass waterways, favorably hydroponic soils, swamps, swales, water courses, woodlands, flood plains, as well as any proposed retention structures.
c. The plans shall avoid the concentration of flow and shall provide for dissipation of velocities at all concentrated discharge points.
d. For calculating runoff and controls, the applicant may use the Soil Conservation Service Method or the Rational Method depending upon which is more appropriate in the particular instance. Computations shall cover the 25-year storm frequency, except that the computations shall cover the 100-year storm frequency whenever required by Chapter XVIII, Flood Hazard Area Regulations.
e. All outfalls are to be designed in a manner to retard velocities at the outfall and provide stream channel protection.
f. Due consideration shall be given to the relationship of the subject property to the natural or established drainage pattern of the watershed(s) of which it is a part.
g. The use of conservation restrictions is encouraged.
h. Surface water runoff shall generally not be transferred from one watershed to another.
i. All water carrying structures and/or retention areas shall be completed and stabilized prior to diversion of water to them.
j. Innovative storm water runoff control and recharge devices, such as rooftop storage, drywells, cisterns, roof drain infiltration trenches, are encouraged provided they are accompanied by detailed engineering plans and performance capabilities.
k. The on-site storm water management measures shall be coordinated with any required soil erosion and sediment control plan.
a. Utility Easements. In large scale development by subdivision or by site plan, easements along rear property lines or elsewhere for utility installation may be required. The easements shall be at least twenty (20) feet wide and located in consultation with the companies or municipal departments concerned.
b. Stormwater Easements. When property shown on a subdivision or site plan is traversed or bordered by a drainage way, a stormwater easement or drainage right-of-way conforming substantially with the outer limits of such drainage way shall be dedicated to the Township by the developer.
c. Stream Easements. When property shown on a subdivision or site plan is traversed or bordered by a stream, a stream conservation easement based on the centerline of the stream shall be dedicated to the Township by the developer. For perennial streams, the conservation easement shall be one hundred fifty (150) feet in width on either side of the stream centerline. The minimum width for a conservation easement for a watercourse of intermittent nature shall be fifty (50) feet on either side of the centerline.
d. Steep slope areas. Conservation easements for steep slope areas shall encompass areas containing slopes of twenty-five (25) percent or greater.
e. All other conservation easements. The extent of area(s) to be covered by all other conservation easements shall be determined by the appropriate board, in consultation with the applicant, to be sufficient to protect the resource in question.
f. Map, Metes and Bounds Descriptions and Form of Conservation Easement. A map showing the size, shape, location and purpose of any required conservation easement (including the proposed location of required boundary markers, which shall be in accordance with Mendham Township Standard Detail G-10) shall be submitted by the applicant. The accuracy of the map shall be confirmed prior to approval of any easement agreement. Easements or rights-of-way as required by the appropriate board shall be described by metes and bounds. Conservation easements shall be consistent with the form provided in Appendix F, entitled Approved Form of Conservation Easement, which Appendix is hereby approved and incorporated herein, except that such easements may be modified or adjusted based on the particular circumstances of a specific development application or property. Any easements prepared in favor of the Township shall be approved as to form and substance by the Township attorney.
Whenever a subdivision or site plan development is served by a public water system, hydrants are to be located and fire flows are to be such that they meet the minimum standards of the Insurance Services Office of New Jersey and certification to that effect from that office shall be submitted.
Domestic water supplies for each house shall have a residual pressure in the water main in front of the dwelling of not less than 30 psi. Certification to that effect from either the serving utility or the Insurance Services Offices of New Jersey shall be submitted.
All subdivisions and site plans shall to the greatest extent possible follow energy efficient design principles and maximize the use of renewable energy sources. Within the limits of practicability and feasibility, the criteria listed below shall be followed:
a. Energy Conservation for Subdivisions.
1. Streets and lots shall be so oriented as to permit the buildings to be constructed thereon to maximize solar gain. Where possible, streets shall run in an east-west direction and the long access of a lot shall run in a north-south direction.
2. The development shall take advantage of topographic features to maximize solar gain and afford protection from winter winds. Where possible, development shall be oriented to southerly slopes.
3. Maximum use shall be made of natural vegetation which will afford protection from winter winds and provide shading in summer.
b. Energy Conservation, for Site Plans.
1. Buildings shall be oriented to maximize solar gain. Where possible, building walls with the greatest number of windows or window area shall face in a southerly direction. The use of active and passive solar energy gain systems in buildings is encouraged.
2. Buildings shall be arranged to provide maximum protection to each other in terms of energy consuming elements.
3. The use of energy efficient building materials and colors is encouraged.
4. Site arrangement shall take advantage of topographic features to maximize solar gain and afford protection from winter winds.
5. Natural vegetation and landscaping, including fences, walls and earthworks shall be utilized to maximize protection from wind, channel breezes and shade buildings and pavement.
6. The site shall be designed to minimize pavement and afford efficient circulation. The use of footpaths and bike paths in housing developments, in order to reduce motor vehicle use, is encouraged.
