Borough of Netcong, NJ Subdivision of Land

Submission of sketch plat.

Nine paper prints of the sketch plat, one reverse line sepia, together with four copies of a completed application and a filing fee as required shall be submitted to the Municipal Clerk. No subdivision shall be classified until a complete application has been submitted. Upon receipt of a complete application, the Municipal Clerk shall forward all copies to the Secretary of the Planning Board.

The Secretary of the Planning Board shall distribute the copies as follows:

One application and paper print to the Municipal Engineer.

One application, paper print and reverse line sepia to the Morris County Planning Board.

One application and one paper print to the Subdivision Committee.

One application and one paper print to the Attorney of the approving authority.

All remaining copies filed in the Planning Board file.

If, after consideration of the recommendations of the Subdivision Committee and the Municipal Engineer, the plat is classified as a minor subdivision by the action of the Planning Board:

The sketch plat original shall be marked classified as a minor subdivision by the Chairman.

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Municipal Clerk or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within such time shall constitute minor subdivision approval.

Whenever review or approval of the application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Upon signed approval by the Morris County Planning Board, the applicant shall submit a deed description or plat map, drawn in compliance with Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.), to the Planning Board.

Distribution and cost of copies.

Before the Municipal Clerk returns any approved sketch plat to the subdivider, the Clerk shall have sufficient copies made to furnish one copy to each of the following:

[a]

Borough Clerk.

[b]

Borough Engineer.

[c]

Building Inspector or Zoning Officer.

[d]

Tax Assessor.

[e]

Secretary of the Planning Board.

[f]

County Planning Board.

[g]

Board of Health.

The cost of copies will be charged to the subdivider and shall be collected before the return of the original sketch plat to the subdivider.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law,[1] or a deed clearly describing the minor subdivision, is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor.

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

The Planning Board or Subdivision Committee may condition such approval on terms ensuring the provision of improvements pursuant to the terms of this chapter or any other ordinance so requiring such improvements, inclusive of the provision of sidewalks as found in § 194-48C(1)(p).

[Amended 11-12-2020 by Ord. No. 2020-21]

If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the subdivider for compliance with the procedures in § 194-46 hereof.

In addition to such requirements as may be enumerated above, all applications for minor subdivision approval shall contain such information and details as required in the administrative and applicable technical checklists as provided in Schedule II, Checklists, as incorporated at the end of this chapter, for the purpose of completeness of the application, subject to such waivers as the Planning Board, in its discretion, shall permit.

[Added 9-10-2015 by Ord. No. 2015-10]

§ 194-46 Preliminary plat approval.

General.

A preliminary plat and the supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board. They show the general design of the subdivision and its public improvements so that the Planning Board can indicate its approval or disapproval of the subdivision prior to the time that the final plat, including the design and detailing of the public improvements and utilities, is completed. Approval of the preliminary plat does not constitute an approval of the final plat.

When revision of a preliminary plat is made, 10 prints of the revised preliminary plat shall be filed, upon resubmission, so that the files of the Planning Board and other Borough officials will be current.

The preliminary plat shall serve as a key map to subdivisions subsequently laid out in sections on separate final plats.

All preliminary plats shall be prepared in accordance with the requirements of § 194-48C hereof.

Procedures.

Procedure to be followed by the applicant. The preliminary plat shall be submitted to the Municipal Clerk. The submission shall include the following:

Application for subdivision plat approval: six copies.

The preliminary plat: 10 paper prints.

A filing fee as provided in Article V, § 194-18, and other required fees as appropriate.

One reverse line sepia.

Procedure to be followed by the Borough Engineer and Planning Board Secretary.

The Borough Engineer shall review the submittal to determine if it is complete and shall:

Inform the applicant of the deficiencies in the application; or

Notify the Secretary of the Planning Board of the filing date of the preliminary plat and the date that the application is deemed to be properly submitted.

Upon determination of a complete application, the Borough Engineer shall retain one complete set of the preliminary submission and the Planning Board Secretary shall distribute the remainder as follows:

Morris County Planning Board: one application, paper print and reverse line sepia.

Municipal Clerk (for public inspection): one copy.

Planning Board Chairman: one copy.

Planning Board Attorney: one copy.

Planning Board files: remainder.

Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval.

Notification. The Secretary of the Planning Board shall cause notice of a public hearing on the preliminary plat submission to be published in the official newspaper of the Borough at least 10 days prior to the date set for a hearing. The subdivider shall give public notice of the hearing on the application pursuant to the requirements of Article V, § 194-27.

Procedure for approval.

A hearing shall be scheduled by the Planning Board Secretary and held not less than 10 days prior to the date the Planning Board is required to act pursuant to the terms of this chapter and the Municipal Land Use Law, including any extensions of time as may be consented to by the applicant. The applicant shall be advised of the hearing date at least 20 days prior thereto. Such hearing shall be conducted in accordance with Article V, § 194-26.

Reports.

The Borough Engineer shall prepare and submit a report of findings for Planning Board consideration and action prior to the hearing.

Whenever review or approval of the application by the County Planning Board is required, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

A copy of the action taken by the Borough Planning Board shall be forwarded to the applicant, or his representative who appeared for him, within 10 days of the hearing. Additional copies shall be provided as directed by the Planning Board.

Publication of decision. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

If the Planning Board approves the preliminary plat and all conditions have been met, the Chairman of the Board shall sign the preliminary plat original with a notation that it has received approval and it shall then be returned to the applicant for compliance with final plat approval requirements as provided in this article; provided, however, that prior to the return of the original tracing the applicant shall have provided the Borough Engineer with a complete set of Mylar or other suitable base reproducibles of the preliminary plat.

Expiration of preliminary approval.

Planning Board approval of the preliminary plat shall expire three years after the date of such formal action, except that in cases of 50 acres or more, extensions may be granted pursuant to N.J.S.A. 40:55D-49d, its amendments and supplements thereto.

Planning Board approval of the preliminary plat confers upon the subdivision applicant the following rights for a three-year period from date of approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat.

That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards shall govern.

In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection B(5)(b)[1], [2] and [3] above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards shall govern.

§ 194-47 Final plat approval.

Improvements or guaranties prior to final approval; payment of fees. Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under § 194-49 hereof, or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of those required improvements which are permitted to be installed after final approval in accordance with Article V, § 194-23, hereof. No final approval may be granted until all fees, including inspection fees, have been paid or deposited in accordance with Article V hereof.

General.

A final plat and supporting as-built drawings and documents for a proposed final subdivision constitute the complete development of the subdivision proposal and include the recommendations resulting from the Planning Board review of the preliminary plat, as well as the improvements and utility plans.

The final plat itself shall be an accurate survey record of the properties resulting from the subdivision.

All final as-built drawings shall be prepared in accordance with the requirements of § 194-48D hereof.

Procedures.

Procedure to be followed by the applicant.

The final plat shall be submitted to the Municipal Clerk.

The submission shall include the following:

Ten copies of the application for final plat approval.

Ten paper prints of the final plat and one reverse line sepia.

Evidence of the completion of all improvements, except sidewalks and final paving course of all streets.

Five copies of a letter, in appropriate cases, directed to the Chairman of the Planning Board, signed by a responsible official of the State or County Highway Department, approving construction on state or county rights-of-way.

Five copies of deeds of dedication for all properties, including street rights-of-way which are being offered to the Borough for dedication.

[6]

Fees as required by Article V.

Procedure to be followed by the Borough Engineer and Planning Board Secretary.

The Borough Engineer shall review the submittal to determine if it is complete and shall:

Inform the applicant of any deficiencies in the application; or

Notify the Secretary of the Planning Board of the filing date of the final plat and the date that the application is deemed to be properly submitted.

Upon determination of a complete application, the Borough Engineer shall retain his copy of the complete application and the Planning Board Secretary shall distribute the remainder as follows:

Morris County Planning Board: one copy of plat, one reserve line sepia and one application.

Board of Health: one copy.

Planning Board Attorney: one copy.

Planning Board files: remainder.

Procedure for approval.

A hearing shall be scheduled by the Planning Board Secretary and held not less than 10 days prior to the date the Planning Board is required to act pursuant to the terms of this chapter and the Municipal Land Use Law, including any extensions as may be consented to by the applicant. The Secretary shall advise the applicant of the meeting date.

The Borough Engineer shall prepare and submit a report of findings for Planning Board consideration and action prior to the hearing.

Final approval shall be granted or denied within 45 days after submission of a complete application to the Municipal Clerk or within such further time as may be consented to by the applicant. Failure to act within such time period shall constitute approval.

If the plat is approved, the subdivider shall make all required corrections to the satisfaction of the Planning Board prior to obtaining the Chairman's signature of approval.

The Chairman of the Planning Board shall sign and date the final plat upon the following authorization:

A resolution by the Planning Board authorizing the signature.

A compliance report from the Borough Engineer.

A notification from the Borough Attorney that the required performance guaranty is approved.

(7)

The subdivider shall prepare and deliver to the Planning Board Secretary the corrected and signed final plat and drawings as follows:

Eight black-on-white paper prints, one reverse line sepia, two cloth prints which shall be distributed as follows:

Borough Clerk: one print.

Borough Engineer: one print.

Building Inspector: one print.

Tax Assessor: one print.

County Planning Board: one print and one reverse line sepia.

[6]

Official issuing certificates for approved lots one print.

[7]

Board of Health: one print.

[8]

Planning Board file: one paper print and one cloth print.

(8)

The subdivider shall, within 95 days from the date of signed approval, file the following with the Morris County Clerk, unless extended:

The signed original tracing.

One opaque cloth print.

(9)

Planning Board approval of a final plat shall not be deemed to be acceptance by the Borough of any street or other land shown or offered for dedication to public use.

Expiration of approval.

Planning Board approval of a final plat shall expire 95 days after the date of the Planning Board resolution authorizing the Chairman to sign the drawings, unless the applicant shall have filed within that time period a copy of said plat with the county recording officer and delivered to the Borough Clerk a certification of such filing.

Upon application by the subdivider showing good cause, the Planning Board may make an extension not to exceed 190 days of the approval; provided, however, that the plat is revised according to any change in regulations or ordinance applicable to the plat subsequent to the first resolution.

Expiration of an approval shall mean that any further action will require a new filing fee, as well as a review of all previous findings.

No final plat shall be accepted for filing by the County Clerk unless it has been duly approved by the Netcong Borough Planning Board and signed by the Chairman.

§ 194-48 Plat details.

General. All maps, plats and sketch plats required to be submitted by this chapter shall conform to one of the following size configurations: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches.

Sketch plats.

All plats shall be based on Tax Map information or some other similarly accurate base at a scale of not more than one inch equals 100 feet and shall show or include the following:

Location, key map. The location of that portion which is to be subdivided in relation to the entire tract.

Structures, wooded areas and topography. The location of existing houses, buildings and other structures, wooded areas and isolated trees more than 10 inches in diameter and topography within the portion to be subdivided and within 200 feet thereof.

Owners. The name of the owner, all adjoining property owners and those across existing or proposed streets, as disclosed by the most recent municipal tax records.

Identity. The Tax Map sheet, date of revision, block and lot numbers and zone district.

Streets, easements, watercourses and rights-of-way. The general location of existing or proposed streets, roads, easements, public rights-of-way, streams, drainage ditches and natural watercourses in and within 200 feet of the subdivision.

Lots. The original and proposed lot layout, lot dimensions and approximate area of each lot.

Endorsements. If the sketch plat is being submitted for minor subdivision approval, it shall be a certified survey map drawn by a licensed New Jersey land surveyor, and the plat shall provide for endorsement by the Chairman and Secretary of the Planning Board.

Utility and drainage information. In cases when there is a question as to the adequacy of drainage, sewage disposal and utility facilities, the Planning Board may require maps showing utility connections and topography as well as percolation tests and soil logs conducted and prepared at the expense of the applicant.

Previous submission. The date of the original preparation and the date of revision, if any, of the plat, as well as the old name if submitted previously.

(j)

Other information. Any other information the Planning Board deems necessary to properly review the plat.

Waiver. Any of the foregoing requirements may be waived by the Planning Board.

Preliminary plat.

The plat submitted for preliminary approval shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be drawn by a licensed New Jersey professional engineer or land surveyor. Contour maps and preliminary construction plans, including road profiles and utility plans, shall be submitted as part of the preliminary plat. Separate maps may be required by the Planning Board for topography, utilities and road details. The plat shall be designed in compliance with the provisions of this article and shall show or be accompanied by the following information:

Key map. A key map, at a scale where one inch equals not more than 800 feet, showing the entire subdivision, and its relation to surrounding areas and to all features within 1/2 mile of the extreme limits of the subdivision, and the zoning classification of the proposed subdivision and of adjacent lands.

Lots. Lot layout, lot dimensions and individual lot areas in square feet and acreage.

Soil erosion and sediment control. A soil erosion and sediment control plan in accordance with the requirements of the Soil Conservation District and municipal ordinance.

Other contents. The tract name, Tax Map sheet and date of revision, block and lot number or numbers, date of plat preparation, reference meridian, graphic scale and the following names and addresses:

Record owner or owners of property to be subdivided; if other than an individual, the corporate officers or partners or other statutory agent.

Applicant.

Person who prepared map, official seal and license numbers.

Owners of property within 200 feet of the entire tract as shown on the current tax records.

Acreage. Acreage of tract to be subdivided to nearest hundredth of an acre.

Elevations and contours. Elevations and contours at five-foot vertical intervals for slopes averaging 10% or greater and at two-foot vertical intervals for land of lesser slope to determine the general slope and natural drainage of the land and the high and low points.

Existing and proposed features. The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes and any natural features such as wooded areas, large trees (over 10 inches in diameter) and rock formations. This data shall be determined by field or photogrammetric survey.

Streets. Plan and profiles at a scale of not more than one inch equals 50 feet, including cross sections every 50 feet, of all proposed streets and curbs and gutters within the subdivision and proposed connection with existing or future continuing streets. The chord bearings, distance, arc lengths and radii of all curves along all street lines shall be shown. Intersections shall be separately drawn at a scale of one inch equals 30 feet.

Utilities. Plan and profiles of proposed utility layouts (water, gas, storm and sanitary sewers, telephone, cable television and electricity), at a scale of not more than one inch equals 50 feet, showing connections to existing or proposed utility systems.

(j)

Sewers, drains and ditches. Preliminary plans and profiles, at a scale of not more than one inch equals 50 feet, of all proposed and existing sanitary sewers, storm drains, drainage ditches and streams within the subdivision, together with the locations, sizes, elevations, grades and capacities of an existing sanitary sewer, storm drain, drainage ditch or stream or watercourse to which the proposed facility shall be connected. When brook or stream channel improvements are proposed or required, the plans for such improvement shall be approved by the New Jersey State Department of Environmental Protection.

(k)

Setback lines. All required front, rear and side yard lines for all lots.

(l)

Deed restrictions. A copy of any protective covenants or deed restrictions applying to the land being subdivided.

(m)

Open space. All open spaces and recreation areas, including those proposed to be dedicated for private recreation use, public use or public purpose.

(n)

Site grading and individual lot drainage. A plan showing all proposed contours and proposed means of drainage on each individual lot for the entire tract and the proposed means of stabilizing all slopes in excess of one vertical to four horizontal and any swales proposed.

(o)

Details. Detailed drawings for all public improvements, including but not limited to sanitary sewers, storm drains, inlets, manholes, dry wells, typical pavement sections, curbs, pumping stations, syphons, etc. In addition, an intersection detail shall be included for every street intersection, showing proposed pavement elevations along the center line of all roads at twenty-five-foot intervals and proposed gutter elevations at ten-foot intervals.

(p)

Sidewalks. All plats shall include the provision of sidewalks along the frontage of all lots of the subdivision in conformity with the standards and specifications found at § 194-49B(5).

[Added 11-12-2020 by Ord. No. 2020-21]

Sewage disposal. No approval shall be granted to any proposed major subdivision within the Borough of Netcong unless the applicant has secured, in writing, permission from the responsible authority to connect to an existing public sewage disposal system at the time of construction of any building.

Off-site and off-tract improvements. When the development of the subdivision or improvements within the subdivision is contingent upon improvements outside the boundaries of said subdivision, information shall be supplied by the applicant, prior to Planning Board consideration for preliminary approval, that the improvements outside the subdivision are installed and will be available to the applicant subject to Article V, § 194-22.

Support capability. When deemed necessary to determine the suitability of the soil to support new construction, the Planning Board shall require test holes or borings to be made by a New Jersey licensed engineer or an approved testing laboratory at the expense of the applicant and under the direction of the Borough Engineer.

Final plat. The plat submitted for final approval and all plans and profiles of improvements and other original exhibits shall be filed with the Planning Board at least 14 days prior to the regular meeting of the Planning Board when the plat is to be considered. The plat shall be drawn by a licensed New Jersey professional engineer or land surveyor. The final plat shall show or be accompanied by the following:

Identification. Tract name, Tax Map sheet and date of revision, block and lot number or numbers, date of plat preparation, reference meridian and graphic scale.

Other contents. Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines with accurate dimensions, bearings or deflection angles, and radii, arcs and chord bearings, distances, arc lengths and radii of all curves.

Public use. The purpose of any easement or land reserved or dedicated for public use and the proposed use of sites other than residential.

Blocks and lots. All block, lot and house numbers, which shall be approved by the Borough Engineer and Tax Assessor and shall be related to existing block and lot numbers as shown on the Official Tax Map of the Borough of Netcong.

Monuments. Location and description of all monuments.

Consent of owner. Certification that the applicant is the owner of the land or that the owner has given consent to file such final plat.

(7)

Approval. When approval of a plat is required by any officer or body, whether municipal, county or state, approval shall be certified on the plat.

(8)

Final as-built plans, cross sections, profiles. Final as-built plans, including cross sections, details and profiles of streets, curbs or gutters, catch basins, water mains, storm sewers, sanitary sewers, sidewalks and other required improvements, showing grades and approved by the Borough Engineer in any case in which the final plat differs from the approved preliminary plat.

(9)

Streams. Plans, profiles and cross sections of all streams, ditches and watercourses being created, altered, constructed, diverted, repaired or regraded.

(10)

Certificates from the Tax Search Officer that all taxes and assessments are paid to date.

In addition to such requirements as may be enumerated above, all applications for preliminary and/or final subdivision approval shall contain such information and details as required in the administrative and applicable technical checklists as provided in Schedule II, Checklists, as incorporated at the end of this chapter, for the purpose of completeness of the application, subject to such waivers as the Planning Board, in its discretion, shall permit.

[Added 9-10-2015 by Ord. No. 2015-10]

§ 194-49 Improvements.

Installation or performance guaranty required.

Prior to the granting of final approval, the subdivider shall have installed the following:

Streets and roads.

Street signs.

Sanitary sewer line, mains, house services, manholes and the necessary appurtenances.

Water mains, waterlines, with the necessary appurtenances.

Sidewalks.

Curbs.

Fire hydrants.

Drainage.

Monuments.

All other improvements required for preliminary approval.

Surface course of streets and roads and sidewalks may be bonded and guaranteed pursuant to Article V, § 194-23, at the option of the Planning Board.

Specifications.

All streets and roads shall be constructed in accordance with the following standards and specifications:

All streets and roads shall have the following widths:

Arterial and collector streets: sixty-foot right-of-way and forty-four-foot paved width between curbs.

All other streets: fifty-foot right-of-way and thirty-four-foot paved width between curbs.

All streets shall be graded for the full width of the right-of-way.

Grading and filling procedures.

Subgrade. All topsoil shall be stripped from the proposed subgrade. The subgrade, when completed, shall be true to the lines and grades given on the plan. After the subgrade has been shaped correctly, it shall be brought to a firm, unyielding surface by rolling the entire area with a power roller weighing not less than 10 tons, or other approved methods. All soft and spongy places shall be excavated and refilled solidly with broken stone, broken slag, gravel, suitable earth or sand. All loose rock or boulders shall be removed or broken off six inches below the subgrade surface. All stumps shall be removed in their entirety. This shall be done before completing the rolling of the entire surface of the subgrade. Subsurface drainage shall be provided where necessary.

Fills. Embankments shall be formed of suitable materials placed in successive layers, not more than 12 inches in depth, for the full width of the cross section, and shall be compacted by distributing the necessary hauling uniformly over each succeeding layer or by rolling with a ten-ton, three-wheel power roller, or other approved methods. Stumps, trees, rubbish or any other unsuitable materials or substance shall not be placed in the fill.

Pavements. The pavements shall be constructed to the following finished cross section:

Having a parabolic surface with a six-inch crown. Said six-inch crown is based on the pavement being 34 feet in width (17 feet on each side of the center line). The crown for pavements of greater width will be constructed to the same ratio as for pavements being 34 feet in width.

The pavement will have a parabolic surface and will be constructed for the entire width between the curbs and shall have a six-inch crown or as otherwise approved by the Borough Engineer.

Macadam base course. After the subgrade has been completed and approved by the Borough Engineer, there shall be spread over its entire surface a uniform layer of clean two-and-one-half-inch broken stone to such a depth that after ultimate compression it shall have a minimum uniform depth of five inches. After the stone has been spread, it shall be thoroughly compacted and consolidated and bound as per requirements of the New Jersey State Highway Standard Specifications for Bridge and Road Construction, and supplements thereto.

Alternate macadam base course. After the subgrade has been completed and approved by the Borough Engineer, there shall be spread over the entire surface a uniform layer of clean two-and-one-half-inch slag or bank run of slag, provided said bank run of slag meets the approval of the Borough Engineer, to such a depth that after ultimate compression it shall have a minimum depth of seven inches. After the slag has been spread, it shall be thoroughly compacted and consolidated and bound as per requirements of the New Jersey State Highway Standard Specifications for Bridge and Road Construction, and supplements thereto.

Prime coat of bituminous material on macadam base course or slag course. Prior to the placing of the bituminous concrete course on slag or macadam base, the course shall be cleaned of all loose aggregate, the surface given a prime coat of either asphalt oil, Grade MC-O or MC-1, or tar, Grade RT-1 or RT-2, or emulsified asphalt, Grade MS-1, at the rate of 0.10 to 0.25 gallon per square yard and the roadway closed to traffic. The bituminous concrete course shall not be placed until the prime coat has penetrated to the satisfaction of the Engineer or his representative and a minimum of 12 hours has elapsed after application. Application of the prime coat will not be permitted when the base course is wet or frozen. Application methods and equipment shall meet with the approval of the Engineer. The temperature at which the prime coat material shall be applied shall be as follows:

	Prime Coat Designation	Permissible Temperature (degrees Fahrenheit)
	MC-0	50º F. to 120º F.
	MC-1	80º F. to 125º F.
	MS-1	50º F. to 120º F.
	RT-1	60º F. to 125º F.
	RT-2	60º F. to 125º F.

Bituminous concrete course, road surface course or wearing course.

All bituminous concrete course, road surface course or wearing course shall be constructed upon macadam base course as heretofore specified.

Bituminous concrete course, road surface course or wearing course shall be of bituminous concrete having a minimum thickness of two inches after ultimate compression and shall weigh no less than 220 pounds per square yard per two-inch depth.

The type of bituminous concrete will be approved by the Borough Engineer prior to its installation, construction or laying.

Street signs. Street signs will be placed at the beginning and ending of all streets; at street intersections, one sign with the appropriate street names will be required.

Sewer installations.

Sanitary sewer lines, sewer manholes and service lines from main to property line of each lot within the subdivision. The subdivider will furnish detailed plans, profiles and specifications to the Planning Board and all other appropriate authorities for their review and approval.

The above-said sewer lines, etc., will be installed regardless of whether there is a municipal or private central system. The subdivider will comply with all the above that is outlined and will provide an approved sewage disposal system for each lot built upon.

Water installations.

Water mains, waterlines and the necessary appurtenances will be installed regardless of whether or not the Borough supply is currently available. Water mains shall be installed along the full length of all streets within the boundaries of the subdivision and shall be located under the pavement at a distance from six feet to eight feet from the pavement side of the curb. Branch lines or house services shall be installed to the right-of-way lines on each side of the street, one for each lot. Mains shall have a minimum inside diameter of six inches. Branch lines or house services shall be of copper tubing, Type K, three-fourths-inch inside diameter. The depth for all the above will be four feet from the top of the finished grade to top of the mains, pipes and house services.

Curb stops and curb boxes will be placed between the curb and sidewalk.

All material and construction for the above will meet the approvals of the Netcong Water Department and the Borough of Netcong.

All of the above will become the property of the Borough of Netcong at the time of acceptance of the streets by said Borough of Netcong.

Sidewalks.

Sidewalks will be constructed of concrete (portland cement or equal) or bituminous concrete.

Concrete sidewalks (portland cement or equal) will be four feet wide and four inches thick, having a minimum compressive strength of 4,000 pounds per square inch; said sidewalks will have an expansion joint placed at intervals of every 20 feet for the full width and depth of the sidewalk. The expansion joint will be filled with an approved filler to 1/4 of an inch below finished grade of the sidewalk. The expansion joints will be constructed at right angles to the edge of the sidewalk.

All sidewalks will have a minimum width of four feet and will be installed within the right-of-way line on each side of all streets. The back of the sidewalks will be six inches from and parallel to the property line for the full length of the street.

Bituminous sidewalks. When bituminous sidewalks are installed, they will be laid upon an approved base of gravel, said gravel base will have a depth of six inches after ultimate compression.

The base course may be changed to stone, being approved by the Borough of Netcong.

The bituminous concrete shall be of Type A or T and will have a minimum depth of two inches after ultimate compression.

Curbs.

Curbs shall be installed on all roads or streets; the distance between inside curb faces shall be a minimum of 34 feet and the road shall be paved from curb to curb. The top of the finished curb shall be six inches above the top of the finished pavement at the curbline. All curbs will be constructed parallel to the property line unless otherwise approved by the proper authorities.

Curbs will be constructed of concrete (portland cement or equal) with the following proportions: one part cement, two parts sand and three parts coarse aggregate; said materials will be subject to the approval of the Borough of Netcong or its representative. The curb will have a minimum compressive strength of 4,000 pounds with an air content of 6% plus or minus 1% within 28 days after initial installation.

All concrete shall be protected from dehydration by use of mats of suitable material. These mats shall be kept wet during the curing period.

Forms may be made of wood or metal, constructed true to line and grades established and approved by the Engineer and to the exact dimensions of the structure. They shall be strong, rigid and mortartight and properly braced and tied. They shall be constructed so that they can be removed without causing damage to the concrete. All forms shall be clean and coated with a suitable oil.

The concrete shall be tamped or vibrated so that the forms are completely filled, the concrete thoroughly compacted and mortar flushed to the face and top. Before initial set and as soon as the forms can be removed, the face shall be finished with a wood float to an even, smooth and dense surface. The application of a mortar finishing coat is prohibited. Expansion joints shall be provided at intervals of 10 feet and filled with 1/2 inch of cellular material to within 1/4 inch of the face and top.

The finished curb shall be true to the required lines and grades and curvatures and shall be neat and workmanlike in appearance. Transit-mix concrete will be permitted. No concrete shall be placed for sidewalks, driveways or curbs until the subgrade and forms have been approved by the Borough Engineer. The contractor or subdivider shall notify the Borough Engineer when the project is ready for this inspection.

[6]

Dimensions for concrete curbs. Said curb will be of concrete having the following dimensions: six inches across the top, nine inches at the bottom, having a height of 20 inches with a vertical back. The top face of the curb will be rounded with a one-half-inch radius.

[7]

Drop curbs. Concrete drop curbs will be placed at driveways and other intervals as requested by the property owners. The said top of the drop curb will be 4 1/2 inches lower than the height at the top of the regular curb.

Granite block curbs, when used or intended to be used, must meet the approval of the Borough of Netcong as to size, type and cross section.

(7)

Fire hydrants.

Fire hydrants shall be furnished and installed at locations within the subdivision as directed by the Borough of Netcong Water Department.

The hydrant or hydrants will be size six inches with a steamer or pumper connection preceded with a six-inch gate valve and box and cover for the same.

All hydrant or hydrants, valves, boxes and covers will meet the approval of the Borough of Netcong Water Department.

(8)

Easements. Easements of a width sufficient to allow proper maintenance shall be provided for the outletting of all drains, pipelines, etc., to streams, existing storm drains or other drainage courses. These easements shall be granted to the Borough by approved legal procedure.

(9)

Drainage. Adequate provisions shall be made for drainage on all roads and must be approved by the Borough Engineer.

(10)

Inspection. The work shall be inspected throughout the course of construction by the Borough Engineer or his representative. The Borough Engineer shall be notified 10 days before any work is started.

(11)

Materials and workmanship; street maintenance and repair.

All materials and workmanship, in the above and in all other construction which may be required by the Borough, shall be in accordance with the New Jersey State Highway Standard Specifications for Bridge and Road Construction and supplements thereto and shall meet the Borough Engineer's approval.

Maintenance and repair of streets and roads. The subdivider will at all times maintain, keep repaired, plow the snow from and keep passable all streets or roads within the subdivision that have been constructed or are being constructed, where such maintenance and repairs are pertinent to the safety of the public and residents within the subdivision. The maintenance and repair of streets, etc., as outlined above, will be executed by the subdivider at all times prior to the acceptance of said streets and roads by the Borough.[1]

Editor's Note: See also § 194-24 of this chapter.

(12)

Monuments. Monuments shall be set in accordance with the Map Filing Act.[2]

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

Design guidelines.

The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.

General purpose. The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with Section 20 of Chapter 433 of the Laws of 1953 and shall be such as to lend themselves to the harmonious development of the Borough and enhance the public welfare in accordance with the following design standards.

Streets.

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.

Minor streets shall be so designed as to discourage through traffic.

Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Planning Board may determine appropriate.

Right-of-way widths.

The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:

[a]

Arterial street: 60 feet.

[b]

Collector street: 60 feet.

[c]

Minor street: 50 feet.

[d]

Marginal access street: 50 feet.

The right-of-way width for internal roads in multifamily, 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.

Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this 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 width shall be dedicated.

Grades of arterial and collector streets shall not exceed 10%. Grades on other streets shall not exceed 12%. No street shall have a minimum grade of less than 1/2 of 1%.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60º. The block corners at intersections shall be rounded with a curve having a radius of not less than 20 feet.

Street jogs with center-line offsets of less than 125 feet shall be prohibited.

No reverse curves shall be permitted.

(j)

When connecting street lines deflect from each other at one point by more than 10º and not more than 45º, 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.

(k)

All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

(l)

Dead-end streets will not be permitted unless given special permission by the Planning Board and, if permitted, shall have a maximum length of 500 feet and shall end in a turnaround with a radius of not less than 50 feet. If such a street is extended in the future, the excess right-of-way at the turnaround shall revert to the adjoining properties.

(m)

No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

Blocks.

Block length and width or acreage within bounding roads shall be such as to conform to that required in the district by the Zoning Ordinance, and closed streets shall provide a turnaround at the closed end to provide for convenient access, circulation control and safety of street traffic.

In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street.

For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use as provided in Article VIII.

No block shall be longer than 1,200 feet.

Lots.

Insofar as to practical, lot lines shall be at right angles to straight streets and radial to curved streets.

Each lot must front upon an approved street and satisfy the minimum bulk and area requirements of the zone in which it is located.

Where extra width has been dedicated for widening or existing streets, lots shall begin at such extra-width lines, and all setbacks shall be measured from such line.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.

Public use and service areas.

In large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies, Borough departments or other governmental or utility authorities.

Where a subdivision is traversed by a watercourse, drainageway, channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the line of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.

Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing a subdivision containing such features.

§ 194-50 Penalties for certain violations.

If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, a principal agency is required to act, such person shall be subject to a fine not to exceed $1,000, and each disposal of a parcel, plot or lot shall be deemed a separate violation.

Additional remedies.

In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under the Official Map and Building Permit Act (1960),[1] the Borough may institute and maintain a civil action:

For injunctive relief.

To set aside and invalidate any conveyance made pursuant to such contact or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.

Editor's Note: See now N.J.S.A. 40:55D-1 et seq.