[Ord. No. 98-21 § 304-22]
The rules, regulations and standards set forth in this Article
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the citizens of the Borough.
Any action taken by the Unified Planning Board under the terms of
this Article shall give primary consideration to such matters and
to the welfare of the entire community. However, if the applicant
can clearly demonstrate that, because of peculiar conditions pertaining
to his land, the literal enforcement of this chapter is impracticable
or will exact undue hardship, the Unified Planning Board may permit
such variances as may be reasonable, within the general purpose and
intent of the rules, regulations and standards established by this
Article.
[Ord. No. 98-21 § 304-23]
No zoning permit or Certificate of Occupancy shall be issued unless all improvements required by this Article have been installed, except as noted in Section 34-24.
[Ord. No. 98-21 § 304-24]
a.
A zoning permit or Certificate of Occupancy may be issued if all
improvements have been installed except the finish course of the road
and the Borough Engineer warrants that completion of the road is in
the Borough's interest after the subdivider has completed construction
of dwellings and structures. The maintenance guaranty required hereafter
shall not begin until the finish course has been installed.
b.
The Unified Planning Board may also authorize the issuance of a temporary
certificate or permit if the following improvements have been bonded
but not yet installed: landscaping, sidewalks or other similar improvements.
Prior to the issuance of more than 50% of the Certificates of Occupancy
for a subdivision, all improvements shall have been constructed or
installed.
[Ord. No. 98-21 § 304-25]
a.
Any applicant wishing to subdivide or resubdivide land within the
Borough shall apply for and obtain the approval of the Unified Planning
Board in accordance with the following procedure. The applicant or
his agent shall appear at all regular meetings of the Unified Planning
Board whenever the application is being considered. Failure to appear
shall give the Unified Planning Board the right to postpone action
on the application for that particular meeting if applicant or his
agent's absence deprives the Unified Planning Board of information
necessary to make a decision.
1.
Preapplication Conference. Applicants for subdivision approval are
encouraged to attend a preapplication conference prior to submitting
any application for subdivision. The conference shall be designed
to assist applicants in the expeditious processing of all applications
and to provide for a mutual exchange of information. Applicants shall
be informed of special problems or proposals relating to a particular
site.
2.
Submission of Sketch Plat. An applicant for the subdivision of land
shall submit to the Zoning Official an application for subdivision,
the required application fee as specified herein and sufficient copies
of a sketch plat containing the information required at least two
weeks prior to a regular meeting of the Unified Planning Board. The
Zoning Official shall determine if the application is complete and,
if not, inform the applicant of any deficiencies. If complete, the
application shall be referred to the Subdivision Committee.
3.
Classification. The Subdivision Committee shall review the plat prior
to the Planning Board meeting and classify it as a minor or major
subdivision. Subdivisions failing to receive a unanimous vote as a
minor exempt subdivision shall be considered a major subdivision.
No plat shall be classified as a minor if it results in any remaining
lands capable of being resubdivided into one or more building lots.
4.
Distribution of Plats.
(a)
If classified as a minor subdivision, two copies of the plat
shall be forwarded to the following for review and comment:
(b)
The applicant shall be responsible for forwarding copies of
all plats and required exhibits to the County Planning Board and should
furnish a receipt indicating the delivery to the Borough Unified Planning
Board.
5.
Action. The Subdivision Committee shall act within 45 days on a minor
subdivision of complete application to the Zoning Official. The Committee
shall not approve or conditionally approve the minor subdivision prior
to receipt of comments by the above agencies or officials, or after
30 days has elapsed from referral without any comments. If approved,
a notation to that effect shall be made on the plat and it shall be
signed by the Unified Planning Board Chairman and the Unified Planning
Board Secretary and returned to the subdivider within one week following
the next regular meeting of the Planning Board. If rejected, the reasons
for rejection shall be noted on all copies of the application form,
one of which shall be returned to the applicant. The Subdivision Committee
may attach conditions of approval to any minor subdivision.
6.
Filing with County Recording Officer. If approved as a minor subdivision,
a plat drawn in compliance with N.J.S.A. 46:23-9 et seq. or a deed
stamped with the date of the Unified Planning Board approval shall
be filed with the County Recording Officer within 190 days from the
date of approval. Failure to file within 190 days shall void subdivision
approval.
7.
Lands Resulting From Minor Subdivisions. Any lands, lots or parcels
resulting from a minor subdivision shall not be resubmitted as a minor
subdivision.
8.
Approved Minor Subdivisions Distribution. Before the Unified Planning
Board Clerk returns any approved minor subdivision to the subdivider,
the applicant shall provide the Clerk with a certificate of filing
from the County Clerk's office. The Clerk shall distribute copies
of the approved subdivision to each of the following:
9.
Effect of Minor Subdivision Approval. The granting of minor subdivision
approval shall guarantee that the zoning requirements and general
terms and conditions, whether conditional or otherwise, upon which
minor subdivision approval was granted shall not be changed for a
period of two years after the date of minor subdivision approval,
provided that the approved minor subdivision shall have been duly
recorded as provided herein.
10.
Submission of Major Subdivision for Preliminary approval. If classified
as a major subdivision, applicant shall submit at least 12 prints
of the plat containing all data required herein together with three
completed applications for preliminary approval and all appropriate
fees as required herein to the Unified Planning Board Clerk at least
three weeks prior to the regular Unified Planning Board meeting at
which it is to be considered.
11.
12.
Distribution. Copies of the preliminary plan and exhibits shall be
forwarded upon receipt to the following persons or agencies:
(a)
Borough Engineer.
(b)
County Health Officer.
(c)
Borough Zoning Official.
(d)
County Planning Board.
(e)
Environmental Commission.
(f)
Borough Fire Official.
(g)
Any other official or agency which may be affected by the proposed
subdivision or required to be notified by law. The applicant shall
be responsible for forwarding all preliminary plans and exhibits to
the County Unified Planning Board and other required agencies required
hereunder.
13.
Review. The officials and agencies cited shall forward their views
and recommendations in writing to the Unified Planning Board within
30 days from the receipt of the plat. The preliminary plat shall be
referred to the Subdivision Committee for review and recommendations.
The Subdivision Committee may recommend certain changes based on their
review and the comments of other officials and agencies. A full report
of all meetings, recommendations and discussions shall be forwarded
to the Unified Planning Board within 30 days after receipt of the
plat by the Committee. If the application is found to be deficient,
the applicant shall be notified within 45 days of submission, and
such notification shall constitute a rejection of the application.
14.
Notice of Public Hearing. After all comments have been received,
or after 30 days have elapsed, and after the applicant has revised
the plat to meet required changes, the Unified Planning Board shall,
after a review of the plat, and if all requirements are met and the
application is complete, set the date for the public hearing and shall
notify the applicant of such date.
15.
Exhibits Required Prior to Public Hearing. The following shall be
submitted to the Planning Board by the applicant:
(a)
Notice and proof of publication.
(b)
Affidavit of notice of public hearing to persons and agencies
served giving a list of the names, addresses and lot and block number
of owners so notified, how served, date of service and a copy of the
notice and mail receipt.
(c)
Water supplier. If appropriate, a letter from the water supplier
stating that the water system as proposed is adequate for the development
and all future extensions thereof. The letter shall state the present
safe daily yield of the system, the expected demand by the development
on the system and the remaining safe daily yield of the system.
(d)
Fire Official. If appropriate, a letter from the Fire Official,
stating that the proposed water lines and fire hydrants are adequate
for protection from fire in the proposed development and that the
type of hydrant to be installed has been approved.
(e)
Health Officer. A letter from the Borough Health Officer or
appropriate municipal authority approving the proposed individual
sewage disposal facility and individual water supply systems.
16.
Time Limitation; Resubmitting Plat.
(a)
The Unified Planning Board shall act on the plat within the
applicable time period set forth in this section. Failure of the Unified
Planning Board to act within the applicable time periods or within
a time extension mutually agreed upon shall be considered an approval.
If the Unified Planning Board disapproves a plat, the reasons for
the disapproval shall be communicated in writing to the applicant
within 10 days of the date of the decision and advertised as required
by this Article. No action shall be taken until receipt of County
Planning Board review or until 30 days have elapsed from date of referral
to the County.
(b)
If substantial changes or amendments are required, such as changes
to the drainage and circulation pattern, lot configuration or number
of lots, as a result of the public hearing or of the Planning Board
deliberations, the applicant may be required to resubmit the plat
for preliminary approval.
17.
Unified Planning Board Action.
(a)
The Unified Planning Board shall approve, conditionally approve
or reject the application. Approval or conditional approval confers
upon the applicant the following rights for a three year period from
the date of approval or conditional approval:
(1)
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 therein 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.
(2)
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.
(b)
If either the Unified Planning Board or County Planning Board
disapproves a plat, the reasons for disapproval shall be remedied
prior to further consideration. If approval is required by any other
officer or public body, the same procedure as applies to submission
and approval by the County Planning Board shall apply. The Unified
Planning Board may grant conditional approval subject to the subsequent
approval of other officers or public bodies.
18.
Extension.
(a)
The applicant may apply for and the Unified 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 may govern.
(b)
In the case of a subdivision for an area of 50 acres or more,
the Unified Planning Board may grant the rights referred to in paragraph
a17 above for such period of time, longer than three years, as shall
be determined by the Unified 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.
(c)
The applicant may apply for thereafter and the Unified Planning
Board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the Unified
Planning Board to be reasonable taking into consideration the above
factors, provided that if the design standards have been revised,
such revised standards may be required by the Unified Planning Board
19.
Submission of Final Plat of Major Subdivision.
(a)
The final plat shall be submitted for final approval within
three years from the date of preliminary plan approval or within such
extension as provided herein. One original tracing, one translucent
cloth copy, two cloth prints and 10 black-and-white prints as required
herein shall be submitted to the Borough Clerk at least two weeks
prior to the regular meeting of the Unified Planning Board
(b)
Unless the preliminary plat was approved without changes, the
final plat shall have incorporated all changes or modifications required
by the Unified Planning Board, including conditions or preliminary
approval. The applicant shall submit an affidavit indicating no changes
or those changes noted.
20.
Exhibits Required Prior to Final Approval. The following exhibits
shall accompany the application for final approval, in addition to
any other exhibits that may have been required by the Board as a condition
of final approval:
(a)
Borough Engineer. A letter from the Borough Engineer indicating:
(1)
That the engineer is in receipt of a map showing all utilities
in exact location and elevation, identifying those portions already
installed and those to be installed.
(2)
That the subdivider has either completed the installation of
all improvements in accordance with the requirements of this chapter
or posted with the Borough Clerk a performance guaranty in an amount
sufficient to cover the cost of all improvements herein, or uncompleted
portions thereof, as estimated by the Borough Engineer, and assuring
the installation of such improvements on or before an agreed date.
(3)
All items and amounts required for the corporate surety maintenance
guaranty.
(4)
That the final plat conforms to the preliminary plat as submitted
and approved.
(b)
Tax Collector. That all taxes have been paid to date on the
property.
(c)
Borough Clerk.
(1)
A letter from the Borough Clerk indicating that the amount,
form and content of the maintenance guaranty has been accepted by
the governing body.
(2)
A letter from the Borough Clerk, where appropriate, pursuant
to this chapter, that moneys as provided therein have been paid the
borough as reimbursed for engineering inspection costs of improvement
construction or installation incurred since preliminary approval.
21.
Distribution. Copies of the final plat shall be distributed to the
following:
22.
Review. No action shall be taken until such time as the above officials
review said plat or 30 days has elapsed from date of referral.
23.
Time Limitation. The Unified Planning Board shall act within the
applicable time period set forth in this chapter computed from the
date of submission of a completed application at a regular meeting
or within such further time as may be mutually agreed upon. If the
Unified Planning Board approves the final plat, a notation to that
effect shall be made on each plat and signed by the Chairman and Secretary
of the Unified Planning Board. Failure of the Unified Planning Board
to act within the allotted time or a mutually agreed upon extension
shall be deemed to be favorable approval, and the Borough Clerk shall
issue a certificate to that effect.
24.
County Planning Board. Any plat which requires County Planning Board
approval, pursuant to N.J.S.A. 40:27-6.2, shall be forwarded to the
County Planning Board for its action. The Unified Planning Board may
grant final approval subject to approval by the County Planning Board.
25.
Filing. The final plat approval shall be filed by the subdivider
with the County Recording Officer within 95 days from the date of
such approval. If any final plat is not filed within that period,
the approval shall expire. For good cause, the Unified Planning Board
may extend the time for the filing of the plat for an additional period
not to exceed 95 days. No plat shall be accepted for filing by the
Clerk of the County of Monmouth unless it has been duly approved by
the Borough Unified Planning Board and signed by its Chairman and
Secretary.
26.
Effect of Final Approval. The granting of final approval shall confer
upon the applicant that the zoning requirements applicable to the
preliminary approval first granted and all other rights conferred
upon the developer, whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval,
provided that these rights shall expire if the plat has not been duly
recorded within the prescribed time period.
27.
Extensions. If the developer has followed the standards prescribed
for final approval and has duly recorded the plat as required by this
chapter, the Unified Planning Board may extend such period of protection
for extensions of one year but not to exceed three 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.
[Ord. No. 98-21 § 304-26]
a.
Sketch Plats. All plats shall be based on accurate information at
a scale of not less than one inch equals one hundred (1=100) feet
and shall show or include the following information, except that the
Unified Planning Board may waive any requirement or request additional
information where it is clearly appropriate to the particular application:
1.
Location and Key Map. The entire tract to be subdivided, giving the
accurate location of all existing and proposed property and street
lines and including a key map at a scale where one inch equals not
more than 1,000 feet showing the entire subdivision and its relation
to all features shown on the Official Map and Master Plan and located
within 1/2 mile of the extreme limits of the subdivision and the zoning
classification of the proposed subdivision and of adjacent land.
2.
Structures, Wooded Areas and Topography. The location of existing
houses, buildings and other structures with accurate dimensions from
all existing and proposed lot lines, wooded areas and isolated trees
more than 10 inches in diameter and topography within the portion
to be subdivided and within 200 feet thereof at 10 foot contours.
3.
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.
4.
Identify. The Tax Map sheet, date of revision, block and lot numbers
and zone district.
5.
Streets, Easements, Watercourses, Rights-Of-Way. The location of
existing or proposed streets, roads, easements, public rights-of-way,
streams, bridges, culverts, drainage ditches and natural watercourses
in and within 500 feet of the subdivision.
6.
Lots. The original and proposed lot layout, lot dimensions, all required
setback lines and lot area of each lot in square feet and acreage.
7.
Percolation Tests. If individual sewerage disposal systems are proposed,
the plat shall show the location of all percolation tests and test
results, including those that failed, and soil logs.
8.
Other Information Required. Date of original preparation and date
of revision, if any, of plat, as well as old name if submitted previously
under different title.
9.
Information Required for Minor Subdivision Plats. If the sketch plat
is being submitted for minor subdivision approval, it shall contain
the information required under this section and shall be a certified
survey map drawn by a licensed New Jersey land surveyor. The plat
shall provide for endorsement by the Chairman and Unified Planning
Board Secretary. If the plat is to be filed it shall meet the requirements
of the Map Filing Law, (N.J.S.A. 46:23-9.9 et seq.).
b.
Plat Submitted for Preliminary Approval. The preliminary plat shall
be clearly and legibly drawn or reproduced at a scale of not less
than one inch equals one hundred feet (1"=100'). 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 Board of Topography,
Utilities and Road Details. A soil erosion and sedimentation control
plan and a grading plan shall be included. The plat shall be designed
in compliance with the provisions of this chapter and shall show or
be accompanied by the following information:
1.
Location and Key Map. The entire tract to be subdivided giving the
accurate location of all existing and proposed property and street
lines and including a key map at a scale where one inch equals not
more than one thousand feet (1"=1,000') showing the entire subdivision
and its relation to all features shown on the Official Map and Master
Plan and located within 1/2 mile of the extreme limits of the subdivision
and the zoning classification of the proposed subdivision and of adjacent
land.
2.
Lots. Lot layout, lot dimensions, all required setback lines and
individual lot areas in square feet and acreage. Lots shall be designated
by consecutive numbers until given an official lot number designated
by the Borough.
3.
Other Contents. The tract name, Tax Map sheet and date or revision,
block and lot numbers, date of plat preparation, reference meridian,
scale, graphic scale and the following names and addresses:
4.
Acreage. Acreage of tract to be subdivided.
5.
Elevations and Contours. Sufficient 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 for a distance of 200 feet around the entire tract boundary.
6.
Existing and Proposed Locations. The location of existing and proposed
property lines, streets, buildings, watercourses, railroads, bridges,
culverts, drain pipes, sanitary sewers, water mains, gas mains, power
lines 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 and/or photogrammetric survey.
7.
Streets. Preliminary plans and profiles at a scale of not less than
one inch equals fifty feet (1=50) horizontally and one inch equals
five (1=5) feet vertically, including cross sections every 50 feet
or as specified by the Borough Engineer, of all proposed streets,
curbs and gutters within the subdivision and proposed connection with
existing or future continuing streets. The distances and radii of
all curves along all street lines shall be shown.
8.
Utilities. Preliminary plans and profiles of proposed utility layouts
shall be at a scale of not less than one inch equals fifty feet (1=50)
horizontally and one inch equals five feet (1=5) vertically (water,
storm and sanitary sewers) showing connections to existing or proposed
utility systems. The applicant shall indicate the general location
of the gas, telephone and electrical lines.
9.
Sewers, Drains, Ditches. Preliminary plans and profiles at a scale
of one inch equals fifty (1=50) feet horizontally and one inch equals
five (1=5) feet vertically 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 any 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 State Department
of Environmental Protection or the Monmouth County Planning Board
where applicable.
10.
Percolation Tests and Soil Logs. When an individual sewage disposal
system is proposed, the following requirements shall be met:
(a)
Percolation tests shall be made on each lot to determine the
ability of the soil to absorb effluent. Such tests shall be made as
directed by the Health Officer. The percolation test shall be approved
by the Health Officer. No lot shall be approved as a building lot
unless a passing percolation test has been secured.
(b)
If the percolation rate meets the Borough requirements, the
Health Officer shall prescribe the type and extent of the disposal
system in accordance with Borough Health regulations.
(c)
In areas of questionable percolation, the Health Officer may
establish the conditions under which the percolation tests may be
undertaken, including the month of the year and locations.
(d)
The Planning Board may require, in areas of questionable suitability
for individual sewage disposal systems, soil logs to be undertaken
under the direction of the County Health Officer.
11.
Private Sewage Disposal. Plans for a typical individual or package
sewage disposal system where same is proposed. The plans shall be
approved by the appropriate local and/or State agency.
12.
Off-Site Improvements. When the development of the subdivision or
improvements within the subdivision are contingent upon improvements
outside the boundaries of the subdivision, information shall be supplied
by the subdivider prior to Unified Planning Board consideration for
preliminary approval that the improvements outside the subdivisions
are installed and will be available to the subdivider.
13.
Setback Lines. All front, rear and side yard lines shall be shown
for all lots.
14.
Deed Restrictions. A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
15.
Open Space. Any open spaces proposed to be dedicated for public use
of playgrounds or other public purpose and the location and use of
all such property shall be shown on the plat.
16.
Support Capability. When deemed necessary to determine the suitability
of the soil to support new construction, the Unified 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 subdivider
under the direction of the Borough Engineer.
17.
Conservation Plans. Plans showing measures designed to minimize soil
erosion and sedimentation, such as berms, siltation ponds, sediment
traps, detention and retention basins, landscaping, natural cover,
energy dissipaters and rip-rap. Plans may also include:
(a)
A storm drainage schedule, including a description of all temporary
and permanent structures, negative measures and other techniques for
the control of stormwaters, together with a time table for the construction
or installation of such structures, negative measures or other techniques.
(b)
A schedule containing the timing of and description of temporary
and permanent soil stabilization measures, including tracking, scarification,
serration of slopes, roughening, mulching, silting, chemical binders
and other suitable methods of soil stabilization.
(c)
The location and description of water interception and diversion
measures, such as diversion ditches, dikes, barriers and disposal
structures such as flexible or sectional downdrains, flumes, lineal
spreaders and the like.
c.
Final Plat. The final plat and all final plans and profiles of improvements
and other original exhibits shall be filed with the Borough Clerk
at least two weeks prior to the regular meeting of the Planning Board
when the plat is to considered. The plat shall be drawn in compliance
with the provisions of the Map Filing Law, (N.J.S.A. 40:23-9.9 et
seq.). The final plat shall show or be accompanied by the following:
1.
Identification. Date, name and key map of the subdivision, name of
owner, scale, graphic scale and reference meridian. The final plat
shall be drawn at a scale of not more than one inch equals 100 feet.
2.
Other Contents. Tract boundary lines, rights-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,
hearings, distances, arc lengths, central angles, tangents and radii
of all curves and areas of each lot in square feet.
3.
Public Use. The purpose of any easement or land reserved or dedicated
for any use shall be indicated, and the proposed use of sites other
than residential shall be noted.
4.
Blocks and Lots. All block, lot and house numbers shall be approved
by the Borough Engineer and the Tax Assessor and shall be related
to existing block and lot numbers as shown on the Official Tax Map
of the Borough.
5.
Monuments. Location and description of all monuments shall be shown.
6.
Consent of Owner. Certification that the applicant is agent or owner
of the land or that the owner has given consent to file the map.
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.
Certifications. The following certifications shall appear on the
final plat:
(a)
I
hereby certify that this map and the survey have been made under my
immediate supervision and comply with the provisions of the Map Filing
Law (include the following if applicable). I do further certify that
the monuments as designed and shown hereon have been set.
 |
(b)
I
hereby certify that all of the requirements of the Borough of Matawan
Health Regulations have been complied with.
 |
(c)
I
have carefully examined this map and find it conforms with the provisions
of the Map Filing Law and the municipal ordinances and requirements
applicable thereto.
(d)
This
application No. ______________ is approved by the Borough of Matawan
Unified Planning Board as a major subdivision.
 |
9.
Affidavit. An affidavit signed and sworn to by the applicant that
the final plat is drawn and presented exactly the same as the preliminary
plat approved by the Unified Planning Board, and, if there be any,
changes shall be set forth in the affidavit as exceptions to the general
statement. The affidavit shall be submitted in an original and two
copies.
[Ord. No. 98-21 § 304-27;
New]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof.
a.
Development Pattern. The subdivision plat shall conform to design
standards that will encourage the most appropriate development pattern
within the Borough.
b.
Reservation of Public Areas.
1.
If the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood control basins,
bikeways, walkways or public areas within the proposed development,
before approving a subdivision or site plan the Unified Planning Board
may further require that such streets, ways, basins or areas be shown
on the plat in locations and sizes suitable to their intended uses.
The Unified Planning Board may reserve the location and extent of
such streets, ways, basins or areas shown on the plat for a period
of one year after the approval of the final plat or within such further
time as may be agreed to by the developer. Unless during such period
or extension thereof the Borough shall have entered into a contract
to purchase or institute condemnation proceedings according to law
for the fee or a lesser interest in the land comprising such streets,
ways, basins or areas, the developer shall not be bound by such reservations
shown on the plat and may proceed to use such land for private use
in accordance with applicable development regulations. The provisions
of this subsection shall not apply to the streets and roads, flood
control basins or public drainageways necessitated by the subdivision
or land development and required for final approval.
2.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation, provided that determination of such fair market
value shall include but not be limited to consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
c.
Streets.
1.
General. 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, and where necessary in order to promote the orderly
flow of traffic and for the safety, welfare and convenience of the
public, shall be such as to provide for appropriate extensions to
adjoining properties.
2.
Right-of-way and Pavement Widths. The right-of-way and pavement widths
shall be measured from abutting lot line to abutting lot line and
shall not be less than the following:
(a)
Arterial and primary road right-of-way: as required by State
or County.
(b)
Secondary roads right-of-way: as required by State or County.
(e)
Cul-de-sac or Dead-End Turnarounds. Cul-de-sacs or dead-end
turnarounds shall have a minimum radius of 40 feet on the curb, right-of-way
minimum of 50 feet and pavement width of 18 feet to 24 feet. Landscaped
islands shall be provided where required by the Planning Board.[1]
(f)
Internal or Service Roads. The right-of-way and pavement widths
for internal roads in multifamily, commercial and industrial developments
shall be determined by the Unified Planning Board on an individual
basis and shall in all cases be of sufficient width and design to
safely accommodate the maximum traffic, parking, loading and access
for emergency equipment, but in no case shall the pavement be less
than 20 feet in width for two-way traffic.
d.
Widening Existing Streets.
1.
Subdivisions that include existing streets which do not conform to
pavement and/or right-of-way widths, as shown on the Master Plan or
Official Map, shall be dedicated and improved to Borough specifications
the additional width from the center line of the road abutting the
property being subdivided. If the subdivision adjoins one side of
an existing road which does not meet standards, only 1/2 of the required
extra width shall be dedicated and improved to Borough specifications.
2.
When, in the interests of traffic safety, health, convenience and
good planning, a postponement of the installation or construction
of a widened roadway is desirable, the Unified Planning Board may
authorize such postponement, provided that the developer shall deposit
with the Borough the cost of the improvement in lieu of actually constructing
or installing same in the same manner as required in this chapter.
e.
Street Design Standards.
1.
Grades. Grades of arterial, primary and secondary roads shall be
determined by the State or County. Collector streets shall not exceed
8%. Grades on other streets shall not exceed 10%. No street shall
have a minimum grade of less than 1%.
2.
Intersections. Street intersections shall be laid out as nearly at
right angles as possible and in no case shall be less than sixty (60°)
degrees. The block corners at intersections shall be rounded at the
right-of-way line with a twenty-five-foot radius curve and at the
curbline with a curve having a radius of not less than 35 feet.
3.
Jogs. Street jogs with center-line offsets of less than 125 feet
shall be prohibited.
4.
Reverse Curves. A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
5.
Connecting Streets. When connecting street lines deflect from each
other at any one point by more than ten (10°) degrees and not
more than forty-five (45°) degrees, they shall be connected by
a curve with a center-line radius of not less than 300 feet for minor
streets and 600 feet for arterial and collector streets.
6.
Dead-end Streets. Dead-end streets shall not be longer than 1,000
feet unless approved by the Planning Board. They shall have a turnaround
installed with a curb radius of 40 feet and shall be tangent wherever
possible to the right side of the street. The dead-end street should
extend to the adjoining property line to permit its extension to serve
adjacent properties with adequate provision made for the future extension
of the street to meet Borough standards. Wherever a turnaround is
proposed on any street, the front yard setback line shall be measured
so as to maintain the front yard setback of adjacent properties.
7.
Names. Streets shall not 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. All street
names shall be approved by the Planning Board.*
f.
Lots. Lot dimensions, front, side and rear yards and total area in
square feet shall not be less than the requirements contained in this
chapter.
1.
Side Lines. Insofar as is practical, side lot lines shall be at right
angles to streets and radial to curved streets.
2.
Frontage. Each lot must front upon a street and the frontage shall
not be less than required by this chapter as measured along the building
setback line and street right-of-way line. The minimum frontage along
a cul-de-sac shall be measured at minimum required building setback
line.
3.
Setbacks. Where land has been dedicated for a widening of existing
streets, lots shall begin at such new street line as may have been
established, and all setbacks shall be measured from such line.
4.
Substandard Suitability. Where there is a question of the suitability
of a lot or lots for their intended use due to factors, such as rock
formations, flood conditions, high water table, sewage disposal, excessive
topographic slope or similar circumstances, the Unified Planning Board
may, after adequate investigation, with professional assistance, if
deemed necessary, withhold approval of such lots.
5.
Driveways. Driveways shall not have a grade in excess of 15% over
the entire length. On arterials, the grade shall not be more than
5% for the first 25 feet from the road unless otherwise approved by
the Unified Planning Board. Driveways shall not be located where visibility
is limited because of curves or topography.
6.
Lots on Arterial or Collector Streets. Lots fronting on arterial
or collector roads shall, at the discretion of the Unified Planning
Board, be serviced by a marginal access road or reverse frontage or
be required to provide driveways with turnarounds.
g.
Public Use, Service Areas and Utility Placement.
1.
Utility Easements. In any major subdivision, or where unusual circumstances
warrant as determined by the Unified Planning Board, easements may
be required for utility installations. Such easements shall be at
least 20 feet wide and located after consultation with the utility
companies or Borough agencies concerned.
2.
Drainage and Conservation Easements. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream, or where it is desirable
to preserve other areas within a subdivision because of soil conditions,
rock outcroppings, tree masses, wildlife habitat, vistas or other
significant horticultural, environmental or natural features, there
shall be provided a drainage and/or conservation easement of sufficient
area and width to protect and preserve the aforementioned features.
The extent of such easements shall be determined by the Environmental
Commission, and the easements shall be deeded to the Borough prior
to final subdivision approval and carry the following limitations:
(a)
No trees or shrubs shall be removed or destroyed on lands in
the easement, except in accordance with approved forest management
practices.
(b)
No topsoil, sand, gravel or minerals shall be excavated or removed
except as may be required to build a pond and then only if the Borough
approves the design and structure of the pond, it being the intent
to preserve the natural function of the floodplain.
(c)
No buildings of any description shall be erected.
(d)
No fill of any kind shall be permitted except as may be required
to build a road and then only after the Borough approves the design.
3.
Underground Utilities.
(a)
In all subdivisions, all utility distribution lines or mains
and all services shall be installed underground. In all such subdivisions,
the applicant shall arrange with the serving utility for underground
installation of the utilities distribution supply lines, in accordance
with the provisions of the applicable standard terms and conditions
incorporated as a part of its tariff, as the same are then on file
with the State of New Jersey Board of Public Utility Commissioners,
and shall submit to the Unified Planning Board prior to the granting
of final approval a written instrument from each serving utility which
shall evidence full compliance with the provisions of this paragraph;
except, however, that lots which, in such subdivisions, abut existing
streets where overhead electric or telephone distribution supply lines
have heretofore been installed on any portion of the street involved
may be supplied with electric and telephone service from those overhead
lines, but the service connections from the utilities' overhead lines
shall be installed underground.
(b)
In any particular situation where the applicant can clearly
demonstrate that because of unusual topographic conditions or other
unusual conditions having to do with the land, the installation of
such utilities underground is impractical or otherwise not feasible
due to such conditions, then the Unified Planning Board, in its discretion,
may waive this requirement for underground installation.
4.
Street Lights. Street lights shall be installed as required by the
Unified Planning Board.
h.
Conservation, Erosion and Sediment Control. Measures used to control
erosion and reduce sediment shall as a minimum meet the standards,
specifications and recommendations of the Monmouth County Soil Conservation
District and Matawan Borough. The following measures shall be included
where applicable in the soil erosion and sedimentation control plan:
1.
Stripping of vegetation, regrading or other development shall be
done in such a way as to minimize erosion.
2.
Development shall preserve salient natural features, keeping cut-fill
operations to a minimum, and ensure conformity with topography so
as to create the least erosion potential and adequately handle the
volume and velocity of surface water runoff.
3.
When feasible, natural vegetation shall be retained, protected and
supplemented.
4.
The disturbed area and the duration of exposure shall be kept to
a practical minimum.
5.
Disturbed soils shall be stabilized as quickly as practical.
6.
Temporary vegetation or mulching shall be used to protect exposed
critical areas during development.
7.
The permanent (final) vegetation and mechanical erosion control measures
shall be installed as soon as practical in the development.
8.
Provisions shall be made to effectively accommodate the increased
runoff caused by changed soil and surface conditions during and after
development. Where necessary the rate of surface water runoff will
be mechanically retarded.
9.
Whenever sedimentation is caused by stripping vegetation, regrading
or other development, it shall be the responsibility of the developer
causing such sedimentation to remove it from all adjoining surfaces,
drainage systems and watercourses and to repair any damage at his
expense as quickly as possible.
10.
Maintenance of all drainage facilities and watercourses within any
major subdivision is the responsibility of the developer until they
are accepted by the Borough or other approving agency.
11.
It is the responsibility of any person doing any act on or across
a communal stream, watercourse or swale or upon the folkway or right-of-way
thereof to maintain as nearly as possible in its present state the
stream, watercourse, swale, folkway or right-of-way during the duration
of such activity and to return it to its original or equal condition
after such activity is completed.
12.
Maintenance of drainage facilities or watercourses originating and
completely on private property is the responsibility of the owner
to the point of open discharge at the property line or at a communal
watercourse within the property.
13.
No person shall block, divert, disturb, impede the flow of, alter
or construct any structure or deposit any material or thing or commit
any act which will affect normal or flood flow in any communal stream
or watercourse without having obtained prior approval from the Borough
and the New Jersey Department of Environmental Protection, Division
of Water Resources.
14.
Rights-of-way or easements, having a minimum width of 20 feet, shall
be provided for all drainage facilities and watercourses which are
proposed for acceptance by the Borough or other official agency.
15.
Each person who makes any surface changes shall be required to:
i.
All stormwater management measures for development regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Article XIII, Stormwater Control and Stormwater Management Procedures and the Residential Site Improvement Standards (N.J.A.C. 5:21-7 et seq.)
