26-9 DESIGN STANDARDS.
26-9.1 General Requirements.

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

b. The subdivision plat shall conform to the design standards that will encourage good development patterns within the Township. Where either an Official Map or Master Plan, or both, 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 adopted Master Plan or Official Map shall be considered in the approval of subdivision plats.

c. Surface Water Runoff. The development shall not create more than a zero (0%) percent increase in surface water runoff.

d. Floor Elevations. All subdivision plans shall indicate the proposed floor elevation for proposed single family residential lots. If as-built plans submitted for a residence show floor elevations which vary by more than one and one-half (1.5') feet from the approved floor elevations then the applicant/owner must receive approval of the deviation from the Planning Board prior to receipt of a certificate of occupancy for the residential dwelling unit. If there is a deviation of less than one and one-half (1 ') feet in the floor elevation as shown by an as-built drawing, then the deviation shall be approved by the Township Engineer prior to issuance of a certificate of occupancy.

(Ord. #594; Ord. #653; 1976 Code §154-30; Ord. #1297, §I)

26-9.2 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 with a minimum right-of-way of fifty (50') feet.

a. Minor Streets. Minor streets shall be so designed as to discourage through traffic unless deemed necessary by the approving authority.

b. Regional Highways. Subdivisions abutting regional highways may be required to 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 approving authority determines to be appropriate. in a manner that would otherwise be prohibited by this Chapter. (Ord. #440; Ord. #796; 1976 Code §110-3; Ord. #985, §II; Ord. #993, §I; Ord. #1016, §I; Ord. #1192, §II)

**Webmasters Note: The previous 26-8.4 through 26-9.2 is current as per Supplement No. 9.

c. Minimum Right-of-Way Width. The right-of-way width shall be measured from lot line to lot line and shall not be less than fifty (50') feet in any case, except when shown at a greater width on the Master Plan or Official Map of the Township or the street constitutes an extension of an existing street with a greater width than fifty (50') feet.

d. Substandard Street Right-of-Way. In connection with subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map of the street width requirements of this Chapter, the applicant shall dedicate additional width along either one (1) or both sides of the road. If the subdivision is along one (1) side only, one-half () of the required extra width shall be dedicated.

e. Street Grades. Grades of arterial and collector streets shall not exceed six (6%) percent. No street shall have a minimum grade of less than one-half (%) percent.

f. Street Intersections. Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty (60() degrees. The block corners at intersections shall be rounded at the curb line with a curve having a radius of not less than twenty-five (25') feet.

g. Street Jogs. Street jogs shall have center-line offsets of not less than one hundred twenty-five (125') feet.

h. Reverse Curve Tangents. A tangent at least one hundred (100') feet long shall be introduced between reverse curves on arterial and collector streets.



1. Street Line Deflection. When connecting street lines deflect from each other at any one (1) point by more than ten (10) degrees, they shall be connected by a curve with a radius of not less than one hundred (100') feet for minor streets and three hundred (300') feet for arterial and collector streets.

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

k. Cul-de-Sac Streets. Dead-end streets (cul-de-sac) shall not be longer than one thousand (1,000') feet and shall provide a turnaround at the end with a radius of not less than fifty (50') feet and shall be tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

l. Street Names. 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. (Ord. #594; 1976 Code § 154-31)

26-9.3 Block Pattern

a Block length and width or acreage within bounding roads shall be such as to accommodate the side of lots required in the area by Chapter XXIV, Zoning, and to provide for convenient access, circulation control and safety of street traffic.

b. In blocks of one thousand (1,000') or more feet in length, pedestrian crosswalks may be required in locations deemed necessary by the approving agency. Such walkways shall be at least ten (10') feet wide in the right-of-way with a five (5') foot wide improved pavement surface. The walkway may also include other improvements, including streetlighting.

c. For all uses, including commercial, industrial and planned development group areas, block sizes shall be sufficient to accommodate the proposed uses and to permit reasonable access, circulation and firefighting and emergency services. (Ord. #594; 1976 Code § 154-32)

26-9.4 Lots.

a. Lot dimensions and areas shall not be less than the requirements of Chapter XXIV, Zoning.

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

c. Each lot must front upon an approved and improved street with a right-of-way width of at least fifty (50') feet, except as provided herein.

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

e. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, drainage conditions, watercourses, historic sites, flood conditions or similar circumstances, the approving agency may, after adequate investigation withhold approval of such lots. (Ord. #594; 1976 Code § 154-33)

26-9.5 Public Uses; Natural, Areas; Floodways.

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

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

c. Any public use, as defined herein, shall be of suitable size, shape and location under the provision of reservation contained herein. (Ord. #594; 1976 Code § 154-34)

26-9.6 Water Mains, Culverts and Storm Sewers.

All installations of water mains, culverts and storm sewers shall be connected with an approved system and shall be adequate to handle all present and probable future development. (Ord. #594; 1976 Code § 154-35)

26-9.7 Sanitary Sewers.

Sanitary sewers, whether to be connected to a public sewer system immediately or in the future, shall be installed in accordance with the Report on the Master Plan for Sewerage of the Township of Mahwah and in accordance with standards prescribed by the Township Sewer Consultants applicable to all sewer installations in the Township. (Ord. #594; 1976 Code § 154-36)

26-9.8 Underground Utilities.

a For all major subdivisions the applicant shall arrange with the serving utility for the underground installation of all utility distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariffs as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from such overhead lines, but the service connections from the utilities overhead lines shall be installed underground. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as a part of the complete subdivision plan.

b. Whenever the utility is not installed in the public right-of-way, an appropriate utility easement not less than twenty (20') feet in width shall be provided.

c. The approving agencies of the Township may, in their discretion, waive the installation of the underground utilities where such installation will result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the applicant by reason of exceptional topographic conditions or by reason or other extraordinary and exceptional situation or condition of the lands in such subdivision.

1.The approving agencies of the Township may waive the installation of underground utilities when such installation will result in peculiar and exceptional practical difficulties or in undue physical hardship on the applicant by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional existing conditions of the lands in such subdivision.

2. Any waiver granted pursuant to the preceding subparagraph shall be expressly set forth in a Developer's Agreement between the developer and the Township. If a waiver is requested subsequent to the execution of a Developer's Agreement for the subject property, a written request for a waiver must be submitted to the approving agency. The approving agency shall recommend approval or denial of the request within thirty (30) days of receipt of the written request. The Township Council shall approve or deny the requested waiver by a simple majority vote within thirty (30) days of receipt of the recommendation. A failure to act within thirty (30) days shall be deemed a denial of the request. Any waiver granted by the Township Council subsequent to the execution of the Developer's Agreement shall be expressly set forth in a written amendment to the Developer's Agreement.

d. Whenever underground utilities are installed in accordance with the provisions hereof, fire alarm systems servicing the development shall also be installed in an appropriate subsurface distribution system connecting the necessary alarm stations. The manner of installation, number and location of alarm stations shall be in a manner approved by the Fire Prevention Bureau. (Ord. #594; 1976 Code § 154-37)

26-9.9 Topsoil Protection; Soil Erosion.

a Soil removal shall be in accordance with Chapter XX, Soil Management. No topsoil shall be removed from the site or used as spoil.

b. All applications for subdivision shall be in accordance with the Mahwah Township Soil Erosion and Sediment Control Ordinance; or, where same has not been adopted, the applicant shall meet the requirements of Chapter 251 of the Laws of 1975, the New Jersey Soil Erosion and Sediment Control Act. (Ord. #594; 1976 Code § 154-38)