A concept plan of a subdivision or site plan shall be prepared
to scale, based on Tax Map information or some other similarly accurate
base, at a scale of not less than one inch equals 50 feet, to enable
the entire tract to be shown on one sheet and shall show or include
the following information:
A. General information. The following information shall be provided
for either a subdivision or a site plan:
(1) The location of that portion of the tract to be subdivided in relation
to the entire tract, with a key map indicating at an appropriate scale
the general location of the site and its relation to highways and
streets, railroads, streams, lakes and drainageways and municipal
boundaries.
(2) The Tax Map sheet, block and lot number.
(3) The name of the owner and of all adjoining landowners as disclosed
by the most recent Raritan tax records.
(4) The dimension of all lot lines, including the area in square feet
of each lot.
(5) All existing structures and landscaping on the tract.
(6) All existing or proposed streets, utilities, easements, restrictions,
rights-of-way, streams or natural watercourses, wetlands or floodplains
and drainage ditches and all street names, stating the use of each
easement and the text of such restrictions.
(7) All zoning districts, including a schedule of zoning requirements
for each, and the location of any zoning boundaries within the subdivision.
(8) The name and address of the person preparing the map and appropriate
seal and state license number.
(9) The date of original preparation of the map and the date of the revision,
if any, of the map.
(10)
The Board reserves the right to require a feasible sketch plan
layout of remaining land not being subdivided if it is deemed necessary.
B. Subdivisions. In addition to the general information, a concept plan
for a subdivision shall provide a lot layout, including front, rear
and side yard setback lines as required by the zone and front, side
and rear yard distances of existing structures.
C. Site plans. In addition to the general information, a concept plan
for a site plan shall provide:
(1) A site plan layout, indicating with sufficient accuracy all boundaries
of the site with natural features of the land and showing all developed,
undeveloped and to-be-developed portions. The illustration shall convey
the development scheme, including all buildings, circulation, parking
and landscaping, whether existing or proposed.
(2) Preliminary building plans, including conceptual floor plans and
conceptual building elevations of all proposed structures.
The approving authority may require an applicant, as a condition
for approval of a subdivision or site plan, to pay his pro rata share
of the cost of providing only reasonable and necessary street improvements
and water, sewerage and drainage facilities, and easements therefor,
located outside the property limits of the subdivision or development
that are necessitated or required by construction or improvements
within such subdivision or development. "Necessary improvements" are
those clearly, directly and substantially related to the development
in question. The approving authority shall base its determinations
regarding proportionate or pro rata shares to be paid by an applicant
on the circulation and comprehensive utility service plans pursuant
to the Municipal Land Use Law. The proportionate or pro rata amount
of the cost of such facilities within a related or common area shall
be based on the following criteria, and any such amount shall be determined
after a full hearing and after consideration of time and cost factors
as well as the effect of the proposed improvements on adjoining properties:
A. Cost allocation.
(1) Full allocation. In cases where off-tract improvements are necessitated
by the proposed development and where no other property owner(s) receive(s)
a special benefit thereby, the applicant may be required at his sole
expense and as a condition of approval to provide and install such
improvements.
(2) Proportionate allocation. Where it is determined that properties
outside the development will also be benefited by the off-tract improvement,
the following criteria shall be utilized in determining the proportionate
share of the cost of such improvements to the developer (allocation
formula):
(a)
Roadways. The applicant's proportionate share of street improvements,
the alignment, channelization, barriers, new or improved traffic signalization,
signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated street or traffic improvements shall be as follows:
[1]
The Municipal Engineer or planner shall provide the applicant
with the existing and reasonably anticipated future peak-hour flows
for the off-tract improvements.
[2]
The applicant shall furnish a plan for the proposed off-tract
improvement, which shall include the estimated peak-hour traffic generated
by the proposed development and the proportion thereof which is to
be accommodated by the proposed off-tract improvement. The ratio of
the peak-hour traffic generated by the proposed development which
is to be accommodated by the off-tract improvement to the future additional
peak-hour traffic anticipated to impact the proposed off-tract improvement
shall form the basis of the proportionate share. The proportionate
share shall be computed as follows:
Total cost of enlargement or improvement
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Capacity of enlargement or improvement (peak-hour traffic)
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=
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Developer's cost
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Development peak-hour traffic to be accommodated
by the enlargement or improvement
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(b)
Drainage improvements. The applicant's proportionate share of
stormwater and drainage improvements, including the installation,
relocation or replacement of storm drains, culverts, catch basins,
manholes, riprap, improved drainage ditches and appurtenances thereto
and relocation or replacement of other storm drainage facilities or
appurtenances associated therewith, shall be determined as follows:
[1]
The capacity and the design of the drainage system to accommodate
stormwater runoff shall be based on the standards specified in this
chapter, computed by the developer's engineer and approved by the
Municipal Engineer.
[2]
The capacity of the enlarged, extended or improved system required
for the subdivision and areas outside of the developer's tributary
to the drainage system shall be determined by the developer's engineer,
subject to approval of the Municipal Engineer. The plan for the improved
system shall be prepared by the developer's engineer and the estimated
cost of the enlarged system calculated by the Municipal Engineer.
The prorated share for the proposed improvement shall be computed
as follows:
Total cost of enlargement or improvement
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Capacity of enlargement or improvement (peak-hour traffic)
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=
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Developer's cost
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|
Development peak-hour traffic to be accommodated
by the enlargement or improvement
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(3) Escrow accounts. Where the proposed off-tract improvement is to be
undertaken at some future date, the moneys required for the improvement
shall be deposited in an interest-bearing account to the credit of
the municipality in a separate account until such time as the improvement
is constructed. If the off-tract improvement is not begun within 10
years of deposit, all moneys and interest shall be returned to the
applicant.
Any developer, owner or other person who, prior to final approval,
transfers, sells or agrees to sell, as owner or agent, any land which
forms a part of a subdivision on which the approving authority is
required to act shall be subject to a fine not to exceed $1,000 or
to imprisonment for not more than 30 days, and each parcel, plot or
lot so disposed of shall be deemed a separate violation. In addition
to the foregoing, if the streets in the subdivision are not such that
a structure on said land in the subdivision would meet requirements
for a building permit, the municipality may institute and maintain
a civil action for injunctive relief or to set aside and invalidate
any conveyance made pursuant to such a 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 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. Any such action must be brought within two
years after the date of the recording of the instrument of transfer,
sale or conveyance of said land, or within six years if unrecorded.