[1999 Code § 16.04.010]
This chapter may be cited and referred to as the Land Subdivision
and Site Plan Regulations of the Township of Edison.
[1999 Code § 16.04.020]
This chapter is enacted pursuant to the authority granted by
Chapter 291 of the Laws of 1975, commonly cited and referred to as
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[1999 Code § 16.04.030]
The purpose of this chapter is to provide rules, regulations
and standards to guide land subdivision and site planning in the Township;
to promote the public health, safety, morals and general welfare;
to ensure adequate and suitable streets, water supply, drainage, sewerage
facilities and other necessary utilities, public area and open space,
protection from flooding and conservation of soils; and to promote
desirable visual environment and harmonious arrangement of structures
and other improvements.
[1999 Code § 16.04.040]
[1999 Code § 16.08.010]
a.
Any development application classified as a major subdivision, major
site plan, planned residential development and the urban renewal district
(UR Zone) of Edison Township shall be accompanied by the following:
1.
A fiscal impact statement describing the anticipated demand on municipal
and school district services, including a projection of tax revenues
generated and costs incurred to the Township and the school district
following completion of development. The fiscal impact statement shall
include, but not be limited to, the following:
(a)
Population Determinant — estimates of the number of school
age children and senior citizens based upon housing type as well as
number of bedrooms.
(b)
Cost of providing municipal and school services to the new development.
(c)
Projections of the potential revenues to be produced by the
project including property tax, development fees, building fees and
sewer connection fees.
(d)
Comparisons and conclusions based upon revenue and costs.
2.
A staging plan setting forth the sequence of development. The staging
plan shall address all of the following:
(a)
Creation of self-contained development phases ensuring the proper
completion of roads, utilities, etc., if any phase of the development
plan is subsequently abandoned;
(b)
Establishment of a sequence of use development if applicable
within the overall plan to ensure the integrity of the plan;
(c)
The submission of adequate guaranties to ensure completion of
improvements located beyond the boundaries of individual stages of
the development but necessary to provide for proper development in
accord with paragraph a1 above.
b.
The Planning Board if approving the development application shall
set forth any requirements for timing of development among the various
types of uses and subgroups thereunder of all classes of development
applications cited above and whether some nonresidential uses are
required to be built before, after or at the same time as the residential
uses.
[1999 Code § 16.08.020]
a.
In accordance with N.J.S.A. 40:55D-7, the following class of subdivisions
are exempt from the requirements of local municipal approval as established
by law:
1.
Divisions of land found by the Planning Board or subdivision committee
thereof appointed by the chair to be for agricultural purposes where
all resulting parcels are five (5) acres or larger in size;
2.
Divisions of property by testamentary or intestate provisions;
3.
Divisions of property upon court order;
4.
Conveyances so as to combine existing lots by deed or other instrument.
b.
In all cases involving such exempted divisions, the Planning Board
chair and the Township Clerk shall certify the exemption on the plat,
deed or instrument to be filed with the County Recording Officer.
[1999 Code § 16.08.030]
In the performance of review and action upon any development
application, the Planning Board or Board of Adjustment, as the case
may be, may waive requirements for plat preparation and standard improvement
specifications for any site plan or subdivision application based
upon the particular conditions or factors associated with the tract
of land, whether such conditions are natural or man-made. Such waiver
of requirements shall not apply to fees, performance or maintenance
guaranties, inspections or any development regulation set forth in
the zoning ordinance.
[1999 Code § 16.08.040]
If, before final approval has been obtained on a subdivision
plan, any person transfers or sells or agrees to sell, as owner or
agent, any land which forms a part of the subdivision, such person
shall be subject to a fine not to exceed one thousand ($1,000.00)
dollars; and each parcel, plot or lot so disposed of shall be deemed
a separate violation. In addition, if the streets in the subdivision
are not such that a structure on said land in the subdivision would
meet the requirements for a building permit under Section 3 of the
Official Map and Building Permit Act (1963), as amended and supplemented,
the Township Council may institute and maintain a civil action for
injunctive relief and/or to set aside and invalidate any conveyance
made pursuant to such contract or sale. In any such action, the transferee,
purchaser or grantee shall be entitled to a lien upon the portion
of the land from which the subdivision was made that remains in the
possession of the subdivider or his or her assigns or successors,
to secure the return of any deposit made or purchase price paid, and
also a reasonable search fee, survey expense and title-closing expense,
if any. Such action by the Township shall not be taken except within
two (2) years of the date of the recording of the instrument of transfer,
or within six (6) years of application for a permit to build on the
land or application for a certificate of approval of the subdivision
of which the land is a part, if the instrument of transfer was not
recorded.
[1999 Code § 16.12.010]
a.
Sketch Subdivision. An applicant shall file with the administrative
official, at least three (3) weeks prior to the date of a regular
meeting of the board, the following documents:
1.
Six (6) completed copies of the Township subdivision application
form. The form shall be obtained from the Planning Board secretary;
2.
Four (4) copies of any protective covenants, deed restrictions or
easements, either presently affecting the property or proposed in
the subdivision, such as a conservation, drainage or utility right-of-way
or a sight triangle;
3.
Ten (10) folded copies of the plat of the proposed subdivision. A
mylar copy shall be submitted upon approval;
4.
A certification from the Township Tax Collector that no taxes or
assessments for local improvements are due or delinquent on the property
for which the subdivision application is made. This certification
shall be required prior to declaration of a completed application
by the Board.
b.
The applicant shall have the right, before submitting a formal application
hereunder, to request and obtain an informal conference before the
Planning Board.
[1999 Code § 16.12.020]
The applicant shall submit to the administrative official, at the time of submission of an application for subdivision, payment of the application and review fees as set forth in subsection 39-8.9.
[1999 Code § 16.12.030]
The applicant shall file the application and all supporting
documentation to the County Planning Board for review and action.
The applicant shall certify to the administrative official that such
submission has been properly made and the date of submission to the
County Planning Board.
[1999 Code § 16.12.030]
Whenever the Board shall grant approval to an application classified
as a minor subdivision subject to conditions, a notation shall be
made on the plat or deed indicating that the approval of the subdivision
is subject to conditions as set forth in the resolution of the Planning
Board.
[1999 Code § 16.12.040]
Approval of a minor subdivision shall expire one hundred ninety
(190) days from the date of approval, unless within such period a
plat in conformity with such approval and the provisions of the Map
Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing
the approved minor subdivision, is filed by the applicant with the
County Clerk, the Township Engineer and the Township Tax Assessor.
Any such plat or deed accepted for such filing shall have been signed
by the chair and the secretary of the Planning Board.
[1999 Code § 16.16.010]
a.
Submissions for Preliminary Major Subdivision. An applicant shall
file with the administrative official, at least three (3) weeks prior
to the date of a regular meeting of the Board, the following documents:
1.
Six (6) completed copies of the major subdivision application form;
2.
Four (4) copies of any protective covenants, deed restrictions or
easements, either presently affecting the property or proposed in
the subdivision, such as a conservation, drainage or utility right-of-way
or a sight triangle;
4.
A certification from the Township Tax Collector that no taxes or
assessments for local improvements are due or delinquent on the property
for which the subdivision application is made. This certification
shall be required prior to declaration of a completed application
by the Board.
b.
The applicant shall have the right, before submitting a formal application
hereunder, to request and obtain an informal conference before the
Planning Board.
c.
Application and Review Fees. The applicant shall submit to the administrative official, at the time of submission of an application for a major subdivision, payment of the application and review fees as set forth in subsection 39-8.9.
d.
County Planning Board Review. The applicant, where required, pursuant
to N.J.S.A. 40:27-6.3, shall make application to the County Planning
Board.
e.
Public Notice. The applicant shall give notice of the application at least ten (10) days prior to the date of the hearing on the application. Public notice shall be accomplished in accordance with applicable sections of Chapter 39, Land Use. No applicant shall advertise for a public hearing until the Township administrative officer declares the application complete.
[1999 Code § 16.16.020]
a.
The Planning Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards for plat submission, the conditions of preliminary
approval and the standards prescribed by the Map Filing Law, N.J.S.A.
46:23-9.9 et seq.
b.
Final approval shall be granted or denied within forty-five (45)
days after submission of a complete application or within such further
time as may be consented to in writing by the applicant. Failure of
the Planning Board to act within the period prescribed shall constitute
final approval, and a certificate of the Township Clerk as to the
failure of the Planning Board to act shall be issued on request of
the applicant, and it shall be sufficient in lieu of the written endorsement
or other evidence of approval herein required and shall be so accepted
by the County Clerk for purposes of filing subdivision plats.
c.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, the Township 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.
d.
Whenever the Planning Board shall grant approval subject to conditions,
a notation shall be made on the plat indicating that the approval
of the subdivision is subject to conditions as set forth in the minutes
of the Planning Board.
e.
The applicant shall submit to the administrative officer, at the time of submission of the application for final approval of a major subdivision, payment of such fee as established in subsection 39-8.9.
f.
At the time of filing, nine (9) folded copies of application and plans shall be submitted. The plan shall comply with requirements of preliminary plat submission (subsection 36-7.1). If final major subdivision is granted, the applicant shall file two (2) cloth copies and two (2) mylar copies of the final plan incorporating all conditions of approval, revisions, etc., as applicable.
[1999 Code § 16.16.030]
a.
The zoning requirements and all other rights conferred upon the developer,
whether conditionally or otherwise, shall not be changed for a period
of two (2) years after the date of final approval, provided that the
rights conferred by this subsection shall expire if the plat has not
been duly recorded within the time provided by law.
b.
For major subdivisions only, if the applicant has followed the standards
prescribed by law, the Planning Board may extend such period of protection
for extensions of one (1) year, but not to exceed three (3) extensions.
Notwithstanding any other provisions of this chapter, the granting
of final approval terminates the time period of preliminary approval
for the section granted final approval.
c.
Recording of Final Approval of Major Subdivision. Final approval
of a major subdivision shall expire ninety-five (95) days from the
date of the signing of the plat unless within such period the plat
shall have been duly filed by the developer with the County Clerk.
The Planning Board may, for good cause shown, extend the period for
recording for an additional period not to exceed one hundred ninety
(190) days from the date of the signing of the plat.
d.
Selling Before Approval; Penalty; Suit by Township.
1.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell except pursuant to
an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which Township approval is required by this chapter, such person shall
be liable, in addition to any statutory penalty, for suit by the Township:
2.
In any such action, the transferee, purchaser or grantee shall be
entitled to the statutory lien upon the portion of the land from which
the subdivision was made that remains in the possession of the developer
or his or her assigns or successors, to secure the return of any deposits
made or purchase price paid and also to a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two (2) years after the date of the recording of the
instrument of transfer, sale or conveyance of said land or within
six (6) years, if unrecorded.
[1999 Code § 16.20.010]
b.
Small Additions and Changes.
1.
No site plan approval shall be required if the following three (3)
criteria exist:
(a)
The proposed addition is less than ten (10%) percent of the
existing gross floor area or one thousand (1,000) square feet of floor
area of the building(s) on the lot, whichever the lesser;
(b)
No more than ten (10) new parking spaces are required for the
addition or an increase of ten (10%) percent of the existing number
of spaces, whichever the lesser;
(c)
A change of occupancy and/or a change of use, other than a conditional
use as set forth in the zoning ordinance; provided, that the existing
building and new use comply with all of the above and the structure
and lot comply with all of the zoning district regulations, inclusive
of parking, buffer areas and location and size of signs for a change
of use and/or change of occupancy, and a written report from the site
plan committee that adequate landscaping exists or is proposed.
2.
Prior to issuance of a building permit for a small addition or change,
the Building Subcode Official shall obtain an opinion in writing from
the Township Engineer that improvements will have no effect upon drainage
and from the Zoning Officer that the improvement complies with all
zoning ordinance standards. No more than one (1) grant of exemption
shall be given to any site.
3.
The Construction Official shall submit a report to the Planning Board
each month of all permits issued for development classified as small
additions and changes.
4.
For a change of occupancy permit, the Planning Board committee, for
a change of occupancy, shall submit a report to the Board each month
of all permits issued.
[1999 Code § 16.20.020]
a.
Site Plan Application. An applicant shall file with the administrative
official, at least three (3) weeks prior to the date of a regular
meeting of the board, the following documents:
1.
Six (6) completed copies of the Township site plan application form;
2.
Four (4) copies of any protective covenants, deed restrictions or
easements presently affecting the property;
4.
A certification from the Township Tax Collector that no taxes or
assessments for local improvements are due or delinquent on the property
for which the site plan application is made. No application shall
be declared complete until certification that taxes are paid.
b.
The applicant shall have the right, before submitting a formal application
hereunder, to request and obtain an informal conference before the
Planning Board.
c.
Application and Review Fees. The applicant shall submit to the administrative official, at the time of submission of an application for site plan approval, payment of the application and review fees as set forth in subsection 39-8.9.
d.
County Planning Board. The applicant shall make application to the
County Planning Board for site plan review and action.
e.
Whenever the Planning Board shall grant approval subject to conditions,
a notation shall be made on the plat indicating that the approval
of the site plan is subject to conditions as set forth in the minutes
of the Planning Board.
f.
The applicant shall not proceed with installation of the required
improvements until a performance guaranty is posted therefor, and
no building permit shall be issued until trial approval is granted,
except to permit site improvements limited to site grading, drainage
facility, sewer facility and water facility installation, and the
issuance of permits in connection therewith.
g.
Effect of Preliminary Approval. Preliminary approval of a site plan
shall have the same effect as granted to a major preliminary subdivision.
[1999 Code § 16.20.030]
a.
The Planning Board shall grant final approval if the detailed drawings and specifications of the application for final approval conform to the standards established by subsection 36-11.1 and the conditions of preliminary approval.
b.
Final approval shall be granted or denied within forty-five (45)
days after submission of a complete application to the administrative
official or within such further time as may be consented to in writing
by the applicant. Failure of the Planning Board to act within the
period prescribed shall constitute final approval, and a certificate
of the Township Clerk as to the failure of the Planning Board to act
shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsements or other evidence of approval
herein required.
c.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.6, the Township 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.
d.
Whenever the Planning Board shall grant approval subject to conditions,
a notation shall be made on the plat indicating that the approval
of the site plan is subject to conditions as set forth in the minutes
of the Planning Board.
[1999 Code § 16.24.010]
a.
All minor and final major subdivision plans submitted to the Township
shall be drawn by a professional land surveyor licensed in the State
of New Jersey and shall contain his or her signature, seal and license
number. The map shall be prepared on a scale of not more than fifty
(50) feet to the inch and it shall be accurate to a precision of one
(1) in ten thousand (10,000). It shall show all lot lines, distances,
bearings and easements encumbering the same.
b.
This requirement may be waived by the Township for minor subdivisions,
provided that the application is accompanied by a survey prepared,
signed and sealed by a licensed land surveyor and dated within one
(1) year of the date of application.
[1999 Code § 16.24.020]
No plat shall be accepted for consideration unless it fully
conforms to the requirements of this chapter as to form, content and
accompanying information and is one (1) of the following standard
sizes: eight and one-half by fourteen (8 1/2 x 14) inches, twenty-four
by thirty-six (24 x 36) inches or twelve by eighteen (12 x 18) inches
as measured from cutting edges. All prints shall be folded, with the
nameplate on the outside, to a size not to exceed eight and one-half
by fourteen (8 1/2 x 14) inches.
[1999 Code § 16.24.030]
The sketch plat for either a minor or major subdivision shall
be based on tax map information or some other similarly accurate base,
shall be at such scale (preferably not more than one hundred (100)
feet to the inch) that the entire tract which in whole or in part
comprises the land to be subdivided can be shown on one (1) sheet
and shall show or include the following information:
a.
A key map showing the location of the tract to be subdivided with
reference to surrounding areas and existing street intersections;
b.
The location of the tract to be subdivided in relation to any larger
tract of which it is a part;
c.
Names and addresses of the owner and subdivider, names of the owners
of all contiguous land as shown by the most recent municipal tax records
and the name and license number of the person(s) preparing the plan;
d.
Existing and proposed elevations based on United States Geological
Survey system to show the natural slope and drainage of the land and
high and low points;
e.
All existing streets and streams within the proposed subdivision
and, for subdivisions of four (4) or more lots, within five hundred
(500) feet of the boundaries thereof. All plans shall show existing
and, if applicable, proposed improvements (curbs, gutters, pavements,
water and sewer lines, etc.) within all adjacent streets;
f.
The location, size and use of existing buildings, the boundaries
and nature of wooded areas and the location of extensive rock formations
within the proposed subdivision and within two hundred (200) feet
of the boundaries thereof. All plans shall state the existing and
proposed use of land;
g.
The layout of the proposed subdivision. In the case of a minor subdivision,
all proposed lot lines shall be dimensioned to the nearest tenth of
a foot and bearing of all lines shown;
h.
For minor subdivisions only, the general system of drainage of the
subdivision and of any larger tract of which it is a part, together
with full information as to the final disposal of surface drainage;
i.
The tax sheet, block and lot numbers;
j.
Date, north point and scale.
[1999 Code § 16.24.040]
The preliminary plat shall be clearly and legibly drawn at a
scale of not less than one (1) inch equals one hundred (100) feet.
It shall be designed and drawn by an engineer licensed in the State
of New Jersey. All engineering drawings or elements of the plat requiring
professional engineering expertise shall be signed and sealed by a
New Jersey licensed professional engineer. The plat shall show or
be accompanied by the following information:
a.
A key map showing the entire subdivision and its relation to all
areas within one thousand (1,000) feet of the site;
b.
A title containing the tract name, Tax Map sheet, block and lot number,
date, north point, written and graphic scales, and the names and addresses
of the owner, subdivider and the person who prepared the map;
c.
The acreage of tract to be subdivided to nearest tenth of an acre;
d.
A map showing two-foot contour lines over the entire area of the
proposed subdivision. A map shall also show the natural flow of surface
drainage, together with watercourses and an indication of the final
disposal of surface waters. Elevations shall refer to the United States
Geological Survey system. Further, the plat shall show the first-floor
elevation, building corner elevations and finished grade at each lot
corner;
e.
The locations and dimensions of existing streets, watercourses, railroad
rights-of-way, bridges, culverts, drainpipes and natural features
such as wooded areas, lakes, ponds and extensive rock formations;
f.
All streets, both existing and planned (so far as the latter can
be ascertained) within a distance of five hundred (500) feet of the
boundaries of the subdivision, showing any connections from the proposed
streets in the subdivision thereto and to nearby arterial and collector
streets;
g.
The locations and widths of proposed streets, easements and rights-of-way
in the subdivision and the required yard areas for all proposed lots;
h.
All proposed lot lines, with the accurate dimensions thereof, and
the areas of all lots greater than one-half (1/2) acre in area shown
to within one one-hundredth (1/100) of an acre;
i.
All parcels proposed for either general or limited public use, such
as parks, playgrounds, building sites and the like, with their respective
areas to within one one-hundredth (1/100) of an acre, and a statement
of the purpose of each;
j.
Cross sections, center-line profiles and tentative grades of all
proposed streets based on the vertical datum specified by the Township
Engineer, together with full information as to the final disposal
of surface drainage. A drainage study using the rational method shall
accompany the application;
k.
Plans of proposed utility layouts (sewers, storm drains, water, gas,
electricity) showing feasible connections to any existing or proposed
utility systems;
l.
A copy of any existing or proposed protective covenants or other
deed restrictions applying to the land being subdivided;
m.
Tract boundary lines; exterior lines of streets, easements and other
rights-of-way; street names; land reserved or dedicated to public
use; center-line or road data, with accurate dimensions, bearings
or deflection angles and radii and central angles of all curves. All
dimensions, both linear and angular, of the exterior boundaries of
the subdivision shall balance and close within the limit of error
of one (1) to ten thousand (10,000).
[1999 Code § 16.24.050]
The final plat shall be drawn in waterproof India ink upon mylar
or equivalent of good quality at a scale of not less than one (1)
inch equals one hundred (100) feet and in compliance with all the
provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. The final
plat shall show, be accompanied by or conform to the following:
a.
A title containing the tract name, the general location of the subdivision,
Tax Map sheet, block and lot number, date, north point, written and
graphic scales, acreage of the tract being subdivided, and the names
and addresses of the owner, the subdivider and the person who made
the map;
b.
Certification by a land surveyor authorized to practice in the State
of New Jersey as to the accuracy of the details of the plat;
c.
Certification that the applicant is the agent or owner of the land,
or that the owner has given consent under an option agreement;
d.
Tract boundary lines; exterior lines of streets, easements and other
rights-of-way; street names; land reserved or dedicated to public
use; all lot lines and other site lines, with accurate dimensions,
bearings or deflection angles and radii, arcs and central angles of
all curves. All dimensions, both linear and angular, of the exterior
boundaries of the subdivision shall balance and close within the limit
of error of one (1) to ten thousand (10,000), and of all lot lines
to within one (1) to ten thousand (10,000);
e.
The purposes of all easements and rights-of-way and of all land reserved
for or dedicated to public use, and the proposed use of lots other
than residential;
f.
Block numbers and lot numbers in accordance with established standards
and in conformity with the Township Tax Maps;
g.
The names, exact locations and widths along the property lines of
all existing or recorded streets intersecting the tract boundaries
or lying within two hundred (200) feet thereof; the delineation, names
and block and lot numbers of all bordering subdivisions; the names
of the owners of all bordering unsubdivided acreage;
h.
As-built mylars showing cross sections, profiles and established
grades of streets, approved by the Township Engineer;
i.
As-built drawings, plans and profiles of all storm and sanitary
sewers and water mains, approved by the Township Engineer;
j.
The location and description of all monuments;
k.
A certificate of approval by all other bodies of which approval is
required by law, including but not limited to the Soils Conservation
District, the New Jersey Department of Environmental Protection, the
Township Health Department, etc.;
l.
A certificate by the Tax Collector that all taxes levied against
the land subdivided have been paid to date.
[1999 Code § 16.24.060]
Except for small additions or changes, twelve (12) folded copies
of the plat and six (6) copies of the application shall be filed,
size twenty-four by thirty-six (24 x 36) inches. All site plans shall
comply with the requirements hereinafter set forth and shall contain
the following information and date if applicable:
a.
The date of the site plan. All revisions shall be noted and dated;
b.
A key map showing the location of the tract with reference to surrounding
areas and existing street intersections;
c.
The title of the development, north point, scale, block and lot number,
name and address of record owner and name, address, license number
and seal of the person preparing the site development plan;
d.
The location of all existing and proposed signs;
e.
A scale of not more than fifty (50) feet to the inch. All distances
shall be in feet and decimals of a foot, and all bearings shall be
given to the nearest ten (10) seconds. The error of closure shall
not exceed one (1) to ten thousand (10,000);
f.
The names of all owners of record within two hundred (200) feet and
the block and parcel number of the property;
g.
Zone boundaries shall be shown on the site plan as they affect the
parcel;
h.
Boundaries of the property, building or setback lines and lines of
existing streets, lots, reservations, easements and areas dedicated
to public use, including grants, restrictions and rights-of-way;
i.
A copy of any covenants, deed restrictions or exceptions that are
intended to cover all or any part of the tract;
j.
All distances as measured along the center lines of existing streets
abutting the property to the nearest intersection with any other public
street;
k.
The location of existing buildings which shall remain and all other
structures such as walls, fences, culverts, bridges, roadways, etc.,
with spot elevations of such structures. Structures to be removed
shall be indicated by dashed lines;
l.
The location of all storm drainage structures and utility lines,
whether publicly or privately owned, with pipe sizes, inverts, grades
and direction of flow; and if any existing utility lines are underground,
the estimated location of the already underground utility lines shall
be shown;
m.
Existing contours with intervals of two (2) feet referred to United
States Coast and Geodetic Survey datum and to be indicated by a dashed
line. Where any changes in contours are proposed, finished grades
should be shown as solid lines;
n.
The location of existing rock outcrops, high points, watercourses,
depressions, ponds, marshes, wooded areas, single trees not in wooded
areas with a diameter of twelve (12) inches or more as measured three
(3) feet above the base of the trunk, and other significant existing
features, including previous flood elevations of watercourses, ponds
and marsh areas as determined by survey. When and where applicable,
the plan shall delineate the flood hazard boundaries;
o.
A survey prepared by a licensed surveyor of the State of New Jersey
shall accompany the site plan and shall show the boundaries of the
parcel and the limits of all proposed streets, recreation areas and
other property to be dedicated to public use. The site plan shall
be accompanied by an architectural rendering and building elevation
plans;
p.
All proposed easements and public and community areas; all proposed
streets with profiles indicating grading; and cross sections showing
the width of the roadway, the location and width of the sidewalk and
the location and size of utility lines, according to the standards
and specifications of the Township;
q.
The proposed use(s) of land and buildings and proposed location of
buildings, including proposed grades. No site plan shall show future
buildings if the applicant does not intend to apply for a building
permit upon approval of the site plan. However, a site plan application
may be accompanied by an overall development plan for purposes of
information. Plans shall be accompanied by elevations;
r.
All means of vehicular access for ingress and egress to and from
the site onto public streets showing the size and location of driveways
and curb cuts including the possible utilization of traffic channels,
channelization, acceleration and deceleration lanes, additional width
and any other device necessary to prevent a difficult traffic situation.
The plan shall also show walkways;
s.
The location and design of any off-street parking areas or loading
areas, showing size and location of bays, aisles and barriers;
t.
The location of all proposed waterlines, valves and hydrants and
all sewer lines or alternative means of water supply or sewage disposal
and treatment in conformance with the applicable standards of the
Township and for the appropriate utility company;
u.
The proposed location, direction or illumination, power and time
of proposed outdoor lighting;
v.
The proposed screening and landscaping, including a planting plan
which identifies the type, size and quantity of plantings. All site
plans shall be accompanied by a landscaping plan;
w.
The proposed stormwater drainage system is to conform with design
standards set forth hereinafter. All site plans shall be accompanied
by a plan sketch showing all existing drainage within five hundred
(500) feet of any boundary, and all areas such as paved areas, grassed
areas, wooded areas and any other surface area contributing to the
calculations should show methods used in the determination;
x.
The method of providing garbage collection is to be indicated and
screening to be provided about all dumpsters.
[1999 Code § 16.24.070]
a.
One (1) mylar or equivalent copy, twelve (12) folded black-on-white prints and three (3) copies of the application form for final approval shall be submitted at least three (3) weeks prior to the date of the regular Board meeting. Unless the preliminary site plan is approved without changes, the final plat shall have incorporated all changes or modifications by the Board. The plan shall be drawn in accordance with subsection 36-9.6, and, further, as-built drawings of all site improvements to be dedicated to the Township shall accompany the final site plan submission.
b.
The final site plan shall be accompanied by a statement by the Township
Engineer that he or she is in receipt of a map showing all utilities
or extensions thereof in exact location and elevation, identifying
those portions already installed and those to be installed and that
the developer has complied with one (1) or both of the following:
c.
Utilities Approval Notice Required. In approving the final site plan,
the Board shall condition such approval upon a notice of approval
of plans for water and sewerage installation from the Township and
approval notices from the Health Department.
d.
Performance Guaranty. In approving the final site plan, the Planning
Board shall require that the applicant first furnish a performance
guaranty to be approved by the Board for the purpose of guaranteeing
the completion of the items as set forth in the site plan which will
affect the public interest, such as but not limited to drainage, streets
(both public and private), public recreational areas, shade trees
and parking lots where same are open to the general public or serve
multifamily dwellings. The provisions of this subsection not withstanding,
in approving a site plan for a commercial or industrial structure
which is located within a designated "area in need of rehabilitation
or development" in accordance with this Code and which is subject
to a tax abatement agreement with the Township as authorized by this
Code and N.J.S.A. 40A:21-1, et seq. "The Five Year Exemption and Abatement
Law," the Municipal Council may require that the performance guarantees
required by this section be provided at the time of the issuance of
a certificate of occupancy and only for those on-site improvements
not completed. This subsection shall not apply to any other performance
guarantees or any required for off-site improvements.
e.
Approval Requirements. Planning Board approval of the site plan shall
be granted in the event that the site plan complies with the following
standards and regulations:
1.
The applicant has submitted a site plan containing all of the information
and data as provided for in this section.
2.
The details of the site plan are in accord with the standards of
this section and of all ordinances of the Township, including the
Master Plan as may be in existence at the time of the application.
3.
All parking and traffic problems shall be reasonably resolved.
4.
Adequate provisions are made so as to prevent any drainage problems.
5.
Reasonable screening at all seasons of the year of all playgrounds,
parking and service areas from the view of adjacent properties and
streets shall be provided where necessary for the purpose of protecting
the health, safety, general welfare, comfort and convenience of the
public.
6.
The location, power, direction and time of any outdoor lighting will
not have an adverse effect upon any properties in adjoining residential
districts by impairing the established character or the potential
use of properties in such districts.
7.
The details of the site plan for the authorized use will be such
that the operation will not be detrimental to the public interest.
f.
After approval, a mylar or linen copy shall be submitted for signature
and file, to be of a size of no more than twenty-four by thirty-six
(24 x 36) inches, and all information appearing thereon shall be in
black India ink. Additional prints as required shall also be submitted
after approval.
g.
Conditions of Approval. After Planning Board approval of a final
site development plan, the plan shall not be subject to change except
for minor engineering changes approved by the Township Engineer. Any
change in site design subsequent to approval shall be regarded as
a separate plan, and site development plans showing the proposed new
design shall be submitted under the requirements of this section and
shall be separately approved under the provisions set forth herein.
[1999 Code § 16.28.010]
a.
Except as provided hereinafter, the developer shall install the following
improvements prior to issuance of a certificate of occupancy: street
grading and pavement or other surfacing; gutters, curbs and sidewalks;
shade trees; streetlighting; street signs; water mains, culverts,
storm sewers, sanitary sewers or dry sewers, or other means of sewage
disposal, drainage structures, and all appurtenances to such facilities
properly connected with approved systems of water supplies, sewage,
and stormwater drainage, as the case may be.
b.
Such requirements shall take account of the characteristics of potential
development of various parts of the Township as reflected in the comprehensive
land use plan embodied in the zoning ordinance, with a view to providing
safe, convenient and pleasant means for the movement of traffic appropriate
to the streets of the various classes defined in this title and protecting
the public health, safety, comfort and convenience by provision for
the proper distribution of water and for adequate sewage and stormwater
drainage in a manner appropriate to the existing and prospective type
and intensity of development in various parts of the Township and
in arrangements that will not impose unnecessary financial burdens
on property owners or add to the normal costs of operation of the
government of the Township.
c.
The standards in this chapter shall be deemed to be in the minimum
standards necessary for any particular development.
d.
All improvements shall be installed in accordance with the specifications
contained in this chapter and the adopted standard specifications
and details of the Department of Engineering and Planning.
e.
In a major subdivision for which the use of land is restricted by
zoning to nonresidential uses, a certificate of occupancy permit may
be issued prior to completion of all on-site improvements, provided
that adequate posting of performance guaranties is given. No final
certificate of occupancy for residential and nonresidential buildings
shall be issued until all improvements have been completed and for
which a performance guaranty is posted.
[1999 Code § 16.28.020]
a.
Where the need for off-tract improvements is in whole or in part
made necessary by the application of the developer and the installation
of the improvements would confer a benefit upon the development, a
determination of the contribution of the developer for said off-tract
improvements shall be made in accordance with the provisions as hereinafter
set forth, and the performance of the work or the posting of adequate
performance guaranties to ensure installation of the required off-tract
improvements shall be made by the developer.
b.
Where the Planning Board has determined the necessity of an off-tract
improvement, it shall forward its recommendation, together with the
estimated cost of the off-tract improvement, to the Governing Body
of the Township. The estimated cost of the off-tract improvement shall
set forth an estimate by which all properties to be serviced thereby,
including the developer's property, shall be benefited thereby.
Upon receipt of the recommendation and report of the Planning Board,
the Governing Body shall, within thirty (30) days from the date of
receipt thereof, make a determination as follows: that the recommended
off-tract improvement should not be required of the developer. If
the Governing Body, by resolution, concurs with the recommendation
of the Planning Board in whole or in part, it shall notify the Planning
Board of its recommendation, and the Planning Board shall then, with
the aid of the Township Engineer or such other persons who have pertinent
information or expertise, calculate the cost of the improvement and
the amount by which all properties to be serviced thereby, including
the subdivider's property, will be specially benefited therefrom.
c.
Manner of Construction. Upon completion of the Planning Board studies
with respect to the cost of the improvement and special benefits to
be conferred, these reports shall be forwarded to the Governing Body
and a determination made by the Governing Body as to whether the off-tract
improvement is to be constructed:
d.
Amount of Contribution. When this has been determined, the developer
may be required to provide, as a condition for final approval of the
development, a bond or a cash deposit to ensure payment to the Township
of one (1) of the following amounts:
1.
If the improvement is to be constructed by the Township as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount, if less, by
which all properties to be served thereby, including the developer's
property, will be specially benefited by the off-tract improvement;
2.
If the improvement is to be constructed by the Township as a local
improvement, the estimated amount by which the subdivision will be
specially benefited by the off-tract improvement;
3.
If the improvement is to be constructed by the developer, an amount
equal to the estimated cost of the off-tract improvement, less an
offset for benefits to properties other than the subdivision.
e.
Determination of Special Benefits. In determining benefits conferred
on properties specially benefited by an off-tract improvement, the
following formula shall, subject to adjustment for peculiar or exceptional
conditions, be used:
1.
The development shall be allocated that percentage of one hundred
(100) computed by dividing the development land area by the total
land area benefited by the off-tract improvement.
2.
The development shall be allotted that percentage of one hundred
(100) computed by dividing the maximum potential intensity of use
of the development (total square feet of building floor area) by the
maximum potential intensity of use under existing zoning limitation
in the total land area benefited by the off-tract improvement.
3.
In the case of linear improvements, i.e., roads, curbing, sidewalks,
pipes, drains, sewers, drainage easements, etc., the development shall
be allotted that percentage of one hundred (100) computed by dividing
the distance (measured along the course of the off-tract improvement)
from the connecting facility to the farthest abutting point of the
subdivision by the sum of the distance of all intervening properties,
including the developments abutting the off-tract improvements which
shall be apportioned to the developer.
f.
When Required. The requirement of appropriate off-tract improvements
and the apportionment of the cost of a portion thereof to the developer
shall, where applicable, be a condition of either preliminary approval
or final approval of a subdivision or site plan. If not imposed as
a condition of preliminary approval, such off-tract improvements and
the apportionment of the cost thereof shall be considered improvements
under N.J.S.A. 40:55D-1 et seq., which may be imposed at the time
of final approval.
g.
Payment of Allocated Cost.
1.
The estimated cost of the off-tract improvement allocated to the
developer, if deposited in cash, shall be paid by the developer to
the Township Treasurer, who shall provide a suitable depository therefor,
and such funds shall be used only for the off-tract improvements serving
the same purpose. If such improvements are not initiated by the Township
within a period of ten (10) years from the date of payment, then funds
so deposited shall be returned together with accumulated interest
or other income thereof, if any.
2.
In the event the payment by the developer to the Township Treasurer
provided for herein is less than its share of the actual cost of the
off-tract improvements, then it shall be required to pay its additional
share of the cost thereof.
3.
In the event the payment by a developer to the Township Treasurer
provided for above is more than its appropriate share of the actual
cost of installation of the off-tract improvements, it shall be repaid
an amount equal to the difference between the deposit and its share
of the actual cost.
4.
Before apportioning the cost of off-tract improvements to a developer,
the Planning Board shall notify and afford the developer an opportunity
to be heard thereon at a public meeting. If the developer shall deem
that any of the amounts so estimated by the Planning Board are unreasonable,
it may challenge them and seek to have them revised in appropriate
proceedings brought to compel development application approval.
5.
If the developer and the Township cannot agree with respect to the
developer's appropriate share of the actual cost of the off-tract
improvement, or the determination made by the officer or board charged
with the duty of making assessments as to special benefits, if the
off-tract improvement is constructed as a local improvement, the dispute
shall be decided in an appropriate judicial proceeding.
h.
Assessment of Properties. Upon receipt from the developer of its
allocated share of the costs of the off-tract improvements, the Township
may adopt a local improvement assessment ordinance for the purpose
of construction and installation of the off-tract improvements based
upon the actual cost thereof. Any portion of the cost of the improvements
not defrayed by a developer may be assessed against benefiting property
owners by the Township. Any assessments for benefits conferred made
against the developer or its successors in interest shall be first
offset by a pro rata share credit of the allocated costs previously
deposited with the Township Treasurer pertaining thereto. The developer,
or his successors in interest, shall not be liable for any part of
an assessment for such improvements unless the assessment exceeds
its pro rata share credit for its deposit, and then only to the extent
of the deficiency.
i.
Credit for Work Performed. In the event the developer installs and
constructs an off-tract improvement or any portion thereof, which
improvement is accepted by the Township, then the cost shall be treated
as a credit against any future assessment for that particular off-tract
improvement, or portion thereof, constructed by the Township in the
same manner as if the developer had deposited its apportioned cost
with the Township Treasurer, as provided herein.
j.
Installation of Improvements by Applicant.
1.
At the discretion and option of the Township, the Township may enter
into a contract with the developer providing for the installation
and construction of the off-tract improvements by the developer upon
contribution by the Township of the remaining unallocated portion
of the cost of the off-tract improvement.
2.
In the event the Township so elected to contribute to the cost and
expense of installation of the off-tract improvements by the developer,
the portion contributed by the Township shall be subject to possible
certification and assessment as a local improvement against benefiting
property owners in the manner provided by law, if applicable.
k.
Design Standards. Should the developer and the Township enter into
a contract for the construction and erection of the off-tract improvements
to be done by the developer, it shall observe all requirements and
principles of this chapter and other ordinances in the design of such
improvements.
[1999 Code § 16.28.030]
a.
Grading. Grades and cross sections shall be such as to provide for
the disposal of stormwater and such groundwater seepage as may be
encountered, all in accordance with the plans therefor approved at
the time of the approval of the preliminary plat of the subdivision
and as may be required in the field by the Township Engineer as the
work progresses. All underground utilities, drains or other facilities
located within the roadway portion of a street shall be installed
prior to the placing of any road surfacing material.
b.
Installation of Street Improvements. All street improvements (i.e.,
pavements, curbs, gutters and sidewalks) shall be installed in conformance
with the Township standards and specifications.
c.
Installation of Utilities. Installation of all sewer, water and other
utilities shall be in strict accordance with the standards and specifications
of the Township or other public utility concerned.
d.
Street Signs. Appropriate street signs shall be installed at all
street intersections and shall be of a type specified by the Township
Department of Public Works.
e.
Monuments. Monuments of prescribed size and shape shall be located
and installed in accordance with State statutory requirements (N.J.S.A.
46:23-9.11).
f.
Topsoil Replacement; Seeding. Topsoil shall not be removed from the
site. Topsoil moved during the course of construction shall be redistributed
so as to provide at least four (4) inches of cover to all areas disturbed
and shall be stabilized by seeding or planting and inspected by the
Township Engineer.
g.
Supervision of Installation of Improvements. All improvements (except
electric, gas and water main extensions to a privately owned utility
company) shall be installed under the supervision and inspection and
to the satisfaction of the Township Engineer, who shall certify that
Township specifications have been conformed to. The subdivider shall
furnish the Township Engineer with a certification by a licensed engineer
that all grades shown on the preliminary plat have been met.
h.
Notification of Township Engineer; Inspection. No construction work
relative to the installation of required improvements shall commence
without the Township Engineer or other responsible officer being notified
at least forty-eight (48) hours before the commencement of the work.
No street underground installations shall be covered until inspected
and approved by the Engineer or other authorized official.
i.
Shade Trees. A minimum of two (2) shade trees per dwelling unit shall
be required of all development applications acted upon pursuant to
this chapter. The developer shall pay to the Township seventy ($70.00)
dollars per tree required.
j.
Any individual private water supply or sewage disposal system shall
conform to the requirements of the Sanitary Code and the Health Department.
l.
Suspension of Work. Failure of the developer, his or her contractor
or agents to conform to the specifications for installing improvements
indicated above or to conform to the preliminary plat plan as approved
by the Planning Board will be just cause for the suspension of work
being performed, and no person, firm or corporation shall have the
right to demand or claim damages from the Township, its officers,
agents or servants by reason of such suspension by the Township Engineer.
m.
Duty of Developers to Provide Services. It shall be the duty and
responsibility of the developer of a major residential subdivision
to provide and pay for the following services until acceptance of
a public street by the Township:
n.
Display of Certain Maps, Plans and Documents by Developers Subsequent
to Development Application Approval. All owners, developers and subdividers
having an interest in a major subdivision or major residential site
plan in the Township shall display within all of their sales offices
or the sales office of any broker or agent engaged by them for the
purpose of selling residential dwellings the following:
1.
A sales map in the sales office in a place that may be observed and
reviewed by any person(s) calling at the office;
2.
A copy, on standard legal size paper, in type or clear print, of
any proposed protective or restrictive covenants and easements to
be applied to all or any portion of the lands within the subdivision;
3.
A copy of any board-approved revisions to the site plan or subdivision
and all approved revisions or field changes to construction plans.
Any such revised item or plan sheet shall have a notation marked on
the original document that it is "Revised as of (date)." The corresponding
item or revision sheet shall note thereon the following. "Original
document dated (date) has been revised on (include all dates)";
4.
A public offering statement for the entire development, if the tract
of land is to be developed as a planned unit development, as that
term is defined in the Municipal Land Use Act and filed with the New
Jersey Department of Community Affairs;
5.
A copy of the Environmental Assessment Report (EAR) as described
below for any project of ten (10) or more dwelling units.
(a)
The project location and vicinity map shall be based on the
Official Tax Map information or some other similarly accurate base
at the scale of not less than one hundred (100) feet to an inch or
greater throughout the map, which scale shall be clearly indicated
thereon and shall be consistent in all directions shown thereon. The
map shall show the owner's approved subdivision and all lands
contiguous thereto for a distance of two thousand (2,000) feet, within
or without the Township.
(b)
The map shall clearly show and include for the area within two
thousand (2,000) feet of the development in all directions the following
information:
(1)
The location of proposed streets and the layout of proposed
lots within the development,
(2)
The location of all State, County and municipal roads in existence
on the date of the final approval of the development,
(3)
The location of all proposed roads as shown on the Official
Master Plan adopted by the appropriate agency of the State, County
or municipality,
(4)
The location of all existing structures and wooded areas within
the development,
(5)
A designation of the zoning district of property to be developed
and the zoning districts of all contiguous properties within the distance
of two hundred (200) feet,
(6)
The location of all railroads and railroad rights-of-way for
public utilities,
(7)
The location of all public or private utility plants; the location
of all sanitary landfill and hazardous waste site operations in existence;
location of all Superfund sites as listed within the Middlesex County
Solid Waste Management Program,
(8)
The location of all schools, parks, playgrounds, public buildings
and hospitals,
(9)
The location of all streams, ponds and watercourses and a legend
reference as to whether flood hazard insurance is required,
(10)
The location of all drainage ditches within the
area shown on the map,
(11)
The size of each parcel in the subdivision to
be sold, whether improved or unimproved.
(c)
Environmental Risk Audit. An environmental risk audit shall
be conducted for all of the property which is the subject of the development
and which is listed by the Middlesex County Solid Waste Management
Program as a hazardous site. The risk audit shall include a statement
setting forth the use of the subject property for a period of ten
(10) years prior to the application for development. If there is any
evidence of environmental contamination or any other information which
could affect the health, safety or welfare of persons exposed to the
property, the details of the same shall be set forth based upon the
Middlesex County Solid Waste Management Program Inventory list and
description. The Township may require on-site soil sampling and water
testing based upon data provided. In the alternative, an ECRA clearance
statement by the New Jersey Department of Environmental Protection
or a New Jersey Department of Environmental Protection approved ECRA
plan may be filed.
o.
Site Maintenance During Construction. It shall be the responsibility
of the developer to maintain the entire subdivision in a safe and
orderly condition during construction. Necessary steps shall be taken
by the subdivider to protect occupants of the subdivision and the
general public from hazardous and unsightly conditions during the
entire construction period. These steps shall include, but are not
limited to, the following:
1.
Open excavation shall be enclosed by fencing or barricades during
nonconstruction hours. Movable barricades shall be equipped with yellow
flashing hazard markers or other lighting during hours of darkness.
2.
Excavation of previously installed sidewalk and pavement areas which
provided access to occupied buildings in the subdivision shall be
clearly marked with signs and barricades. Alternate safe access shall
be provided for pedestrians and vehicles to the occupied buildings.
3.
Safe vehicular and pedestrian access to occupied buildings in the
subdivision shall be provided at all times.
4.
Construction activities which create dust, fumes, odor, smoke, vibration
or glare noticeable on occupied lots in the subdivision and adjoining
properties and streets shall not be permitted.
5.
Construction activities which will result in damage to trees and
landscaping on occupied lots in the subdivision or adjoining properties
shall not be permitted.
6.
All locations and activities in the subdivision which present potential
hazards shall be marked with signs indicating the potential hazard.
7.
Unsightly construction debris, including scrap materials, cartons,
boxes and wrappings, must be removed daily at the end of each working
day.
8.
Construction traffic control devices shall be provided in accordance
with the Uniform Manual of Traffic Control Service, with any subsequent
addendum, as approved by the New Jersey Department of Transportation.
9.
Should the developer fail in his or her obligation to maintain the
subdivision in a safe and orderly condition, the Township may, on
two (2) days' written notice, or immediately in the case of hazard
to life, health or property, undertake whatever work may be necessary
to return the subdivision to a safe and orderly condition. The cost
thereof shall be charged against the performance guaranty.
p.
Transfer or Assignment of Interest; Contractor Performance Requirements.
1.
Before any subdivider transfers or assigns any of his or her interest
in any tentative or final approval of any subdivision, he or she must
notify the Municipal Council and supply detailed information with
regard to the name, address, principals, type of organization, competency,
experience and past performance of the assignee, transferee or agent.
Notice of such assignment or transfer shall be given at least ten
(10) days prior to its effective date, and the assignee must be made
acquainted with all the conditions of approval, and the subdivider
shall so certify.
2.
No contractor, builder, developer or subcontractor shall engage any
personnel in any of the work on constructing any improvements on the
site of the subdivision unless they are continually supervised by
a competent supervisor acceptable to the Township Engineer.
3.
Not less than five (5) days prior to commencing construction of any
improvements on the site, the subdivider or his or her agent shall
provide the Township Engineer with the names, addresses, phone numbers,
and emergency phone numbers of the subdivider and/or a representative
empowered to act for the subdivider and of each contractor and the
supervisor in charge of the construction, setting forth the aspect
of construction for which each is responsible.
[1999 Code § 16.28.040]
a.
Performance guaranties shall be required in lieu of installation
of all improvements in an amount equivalent to the reasonable cost
of the proposed installations as determined by the Township Engineer.
The performance guaranty shall include an amount equal to the estimated
cost to cover the planting of shade trees to conform to the standards
set forth in this chapter. The form and sufficiency of bond shall
be subject to approval of the Planning Board Attorney, and the term
shall be for the life of the contract between the Township and the
subdivider and any extension thereof. Performance bonds shall be expressly
conditioned upon the subdivider's full compliance with all Township
ordinances and regulations governing the installation of improvements
and utilities and faithful performance of the terms of agreement with
the Township.
b.
Maintenance guarantees shall be required in a sum equal to five (5%)
percent of the amount of the original bond for installation of improvements.
The guaranties shall be in a form and sufficiency approved by the
Planning Board Attorney. The maintenance bond shall be posted upon
final release of the performance bond by the Township and shall be
expressly conditioned upon the maintenance by the developer of all
such improvements for a period of two (2) years and particularly shall
guarantee the remedy of any defects in such improvements which occur
during that period. The maintenance bond shall further guarantee the
replacement of any shade trees found not healthy two (2) years after
planting.
c.
Prior to the release of a performance guaranty, the developer shall
submit as-built drawings to the Township Engineer.
[1999 Code § 16.32.010]
a.
Storm Drainage.
1.
Streets adjacent to streets served by storm sewers shall be designed
to adequately continue the existing storm sewer system.
2.
Streets not adjacent to streets with existing storm systems shall
be designed to adequately serve the tributary area with the assumption
that the tributary area is fully developed.
3.
The estimated runoff for drainage areas shall be computed according
to standards set forth by the Department of Planning and Engineering.
4.
Detention basins may be required (but not limited to) when the property
to be developed requires a major site plan or major subdivision or
when it is determined that the receiving drainage system or outfall
is inadequate.
b.
Fire Hydrants. Fire hydrants and control valves shall be installed
no more than six hundred (600) feet apart at proper locations to be
determined by the fire inspector. All fire hydrant locations shall
be properly indicated on all development applications. All fire hydrants
shall be connected to a water supply pressurized and fully operational
for fire suppression purposes prior to the construction, installation
or on-site storage of combustible building materials.
c.
Streetlighting. The developer shall install or cause to be installed
at his or her own expense streetlighting facilities in accordance
with Recommended Practice of Street and Highway Lighting of the Illuminating
Engineering Society (latest edition) or other equivalent and acceptable
standards.
[1999 Code § 16.32.020; Ord. No.
O.1547-2007§ 1; Ord. No.
O.1603-2007§ II; Ord.
No. O.2011-2018]
Subdivisions shall conform to the requirements and principles
of design which are provided for in this section.
a.
General. The design of the development shall be in harmony with and
in furtherance of the purposes set forth in this section and shall
in all respects, including the extent, if any, to which access lanes
are included in the layout, be subject to approval by the Planning
Board in accordance with the procedure set forth in this section.
The design of the subdivision shall conform in general to the Master
Plan of the Township and in detail to the Official Map of the Township
and the Official Map of the County, if any.
b.
Streets.
1.
The arrangement of streets shall be such as to provide for the extension
of existing streets where appropriate.
2.
In general, minor streets shall be designed so as to discourage through
traffic.
3.
In a subdivision abutting an arterial street, either a marginal service
road shall be provided along such arterial street, or the frontage
shall be reversed so that the lots contiguous to such arterial street
will front on an internal street, with a buffer strip for planting
provided along the arterial street, or such other means of separating
through and local traffic shall be provided as the Planning Board
may determine to be appropriate.
4.
Right-of-way widths shall be measured from lot line to lot line.
Roadway paving width shall be in accordance with the Edison Township
Department of Planning and Engineering's adopted standard specifications
and details.
5.
There shall be no reserved strips controlling access to streets except
where control and disposal of the land comprising such strips has
been placed in the Township under conditions approved by the Planning
Board.
6.
In a subdivision that adjoins or includes an existing street that
does not conform to the width required herein, such additional width
shall be provided along either or both sides of such streets as the
Planning Board may determine to be necessary and reasonable, in accordance
with the provisions of N.J.S.A. 40:55D-39 through 40:55D-41.
7.
8.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than sixty (60) degrees. Intersecting
street lines at a block corner shall be rounded by an arc having a
radius of not less than twenty-five (25) feet. Where, because of existing
conditions, street intersections are likely to require channelization
for proper traffic control, street lines shall be designed to accommodate
such special treatment as the Planning Board may specify.
9.
Street jogs with center-line offsets of less than one hundred twenty-five
(125) feet shall be avoided where possible.
11.
When street lines deflect by more than five (5) degrees, they shall
be connected by curves with the following radii measured to the center
line of the right-of-way:
12.
All changes in grade shall be connected by vertical curves of sufficient
length in accordance with Township Engineering department standards
to provide a smooth grade transition and proper sight distance.
13.
A dead-end street shall terminate in a circular right-of-way (cul-de-sac)
having a radius of not less than sixty (60) feet and paved to a radius
of not less than fifty (50) feet and tangent whenever possible to
the right side of the street when viewed toward the closed end, or
in a turnaround of such other design as may be approved by the Planning
Board. Dead-end streets shall not be longer than five hundred (500)
feet in length or serve more than fifteen (15) dwelling units unless
the Planning Board finds, taking into consideration the physical characteristics
of the land to be subdivided and the adjacent land, together with
the economically sound development of the adjacent land, that the
most desirable street design and layout requires a dead-end street
longer than five hundred (500) feet.
14.
A dead-end street is a temporary dead-end street as hereinafter defined.
A "temporary dead-end street" shall be a dead-end street on which
no building lots abut the closed end of the turnaround and for which
provision is made for future extension of the street either by proposed
connection to future streets on contemplated subdivision of adjacent
land or by ordinance. Whenever "temporary dead-end streets" are permitted,
provision shall be made for the subsequent reversion of the excess
right-of-way of the adjoining land.
15.
Street names shall not duplicate or nearly duplicate the names of
existing streets. The continuation of an existing street shall have
the same name. Street names for all streets, inclusive of townhouse
and apartment developments, shall be approved by the engineering department.
c.
Blocks.
1.
Blocks lengths and widths or the dimensions of acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by the zoning ordinance and to provide for convenient access,
circulation and safety of street traffic.
2.
Pedestrian walks shall be provided in locations deemed necessary
by the Planning Board across blocks over one thousand (1,000) feet
long, from the closed ends of culs-de-sac and where elsewhere required
for the public convenience, including the provision of walks giving
access to schools, playgrounds and shopping centers without the necessity
of crossing traffic thoroughfares. Any such walk shall have a minimum
width of ten (10) feet and shall generally be straight from street
to street.
3.
For commercial, multifamily housing or industrial use, block sizes
shall be such as to meet all area and yard requirements for such use.
d.
Lots.
1.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
2.
Each lot shall front on an approved street except as provided for
condominium and cooperative ownership or for a fee simple attached
housing development.
3.
Where extra width has been provided for the widening of existing
streets, lot measurements shall begin at such extra width line, and
all setbacks shall be measured from such line unless otherwise provided
by the zoning ordinance.
e.
Rights-of-Way and Easements.
1.
Easements or rights-of-way shall be at least twenty (20) feet wide
for utility installation where required. The locations of such easements
or rights-of-way shall coincide with existing or proposed lot lines.
2.
Where a subdivision is traversed by watercourse, drainage 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 provide adequate
drainage. Such easement shall be for maintenance and drainage purposes.
f.
Areas for Public Use.
1.
Such lands shall be so shown and reserved on the plat. Such designation
is intended to precede the reservation of such lands in accordance
with the provisions of N.J.S.A. 40:55D-44.
2.
Natural features in a subdivision, such as trees, brooks, hilltops
and outlook views, shall be preserved wherever possible in designating
the street and lot arrangement.
3.
Dedication. All areas proposed to be dedicated may be in one (1)
or more parcels as determined by the Planning Board.
4.
Location and Size. The area of the development to be dedicated by
deed to the Township by the owner for public use shall be in such
locations, size or sizes as shall be determined and approved by the
Planning Board. Such area or areas to be so dedicated shall be, in
total, at least three (3) acres, have a depth of not less than two
hundred (200) feet and a continuous street frontage of not less than
fifty (50) feet. Every such dedicated public use area shall be accessible
directly from one (1) or more streets within the subdivision or directly
through or over lands owned by the Township.
g.
Shade Trees. A minimum of two (2) shade trees per dwelling unit shall
be required for every development application proposing residential
construction.
h.
Sidewalks, Curbs and Gutters. Sidewalks, curbs and gutters shall be required along all public and private street frontages unless specifically waived by the Technical Review Committee (the "TRC") established under subsection 39-12.15. Any waiver granted shall be conditioned upon the payment by the applicant of a sum equal to the cost of installation of the sidewalks, curbs and gutters which would otherwise have been constructed. The calculation of the payment shall be based upon estimates prepared by the applicant's engineer and submitted to the Township Engineer for review and approval. The funds shall be deposited into the Township's capital expenditure account and be realized as general revenue of the Township.
1.
Waiver application fee: An applicant seeking a waiver under this
paragraph h. shall file an application with the TRC. The applicant
shall include with the application a fee of two hundred fifty ($250.00)
dollars, payable to the Township of Edison. The applicant must attach
a land survey of the location in question. The application must be
submitted no later than two (2) weeks before the TRC meeting scheduled
for that month in order for said application to be considered.
