Borough of South Plainfield, NJ Article VIII Subdivision Regulations

§ 515-43 Purpose.

A. The purpose of this article is to provide rules, regulations and standards to guide and control land subdivision in the Borough of South Plainfield. It shall be administered by the Planning Board (except as provided in Article V of this chapter) to ensure orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services.

B. The rules, regulations and standards set forth shall be considered to be the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough.

§ 515-44 Sketch plat procedure.

A developer may, prior to subdividing or resubdividing land, submit to the administrative officer four copies of a complete application form for classification and/or minor subdivision approval; the fees as required in Article X of this chapter; and six copies of the sketch plat drawn to specifications pursuant to § 515-48A of this article for purposes of classification and preliminary discussions and distribution as hereinafter provided for.

A. Action with respect to minor subdivision.

(1) If the proposed subdivision is before the Planning Board, it may be classified and approved as a minor subdivision with or without conditions by majority vote of the Subdivision Committee.

(2) If the proposed subdivision is before the Board of Adjustment, it may be classified and approved as a minor subdivision with or without conditions by that agency.

(3) A notation to the effect of approval shall be made on the sketch plat or other plat if no sketch plat is submitted. After approval of the Subdivision Committee or Board of Adjustment, one copy of the plat noted as having been approved shall be signed by the municipal agency and forwarded to the developer within 10 days following the compliance with any or all conditions. No further approval shall be required by any municipal agency. Whenever review or approval of the application by the Middlesex County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Middlesex County Planning Board or approval by the Middlesex County Planning Board by its failure to report thereon within the required time period. The remaining copies of the approved plat shall be sent to the Borough Engineer, Construction Official, Tax Assessor and, in the case of the Board of Adjustment granting a subdivision, the Borough Planning Board.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).

B. Rights conferred by minor subdivision. The following rights shall be conferred upon approval of a minor subdivision: 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 pursuant to Subsection C of this section.

C. Filing with county recording officer.

(1) Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless:

(a) A deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Borough Engineer and Tax Assessor.

(b) A plat in conformity with such approval and the provisions of N.J.S.A. 46:26B-1 et seq.), is filed by the developer with the county recording officer.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).

(2) Any such deed or plat accepted for such filing shall have been signed by the Chairperson and Secretary of the municipal agency; failure to record such plat or deed within the prescribed time shall render the approval null and void.

D. Action with respect to major subdivision. If the plat submitted is classified by the Subdivision Committee or Board of Adjustment as a major subdivision, a notation to that effect shall be made on the plat, which shall then be returned within 10 days following the meeting to the developer for compliance with the procedures for preliminary and final approval.

§ 515-45 Preliminary plat procedure.

A. Filing procedures.

(1) Six black-on-white prints of the preliminary plat drawn to the specifications pursuant to § 515-48B of this article, together with four completed application forms for preliminary approval and the fees as required in Article X of this chapter, shall be submitted to the administrative officer.

(2) After a determination that a complete application has been submitted, the administrative officer shall forward copies of the preliminary plat to the Borough Engineer, Planning Board and such other municipal, county or state officials or agencies as may be necessary for their review and recommendations. The applicant shall forward two copies of the plat(s) and one copy of the application form to the County Planning Board. A public hearing shall be scheduled in accordance with the requirements set forth in Article VII of this chapter.

B. Action by the municipal agency.

(1) The municipal agency shall act on the preliminary plat within the time prescribed in § 515-42.

(2) If the municipal agency acts favorably on a preliminary plat, with or without conditions, a notation to that effect shall be made on the plat, and it shall be returned to the developer for compliance with final approval requirements. A written decision as to the application shall be made and sent to the developer or his attorney in accordance with the Municipal Land Use Law.

(3) If the municipal agency disapproves a preliminary plat, a written decision as to the application shall be made and sent to the developer or his attorney in accordance with the Municipal Land Use Law.

C. Rights conferred by preliminary approval.

(1) The following rights shall be conferred upon the developer for a period of three years after the date of preliminary approval:

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

(b) That the developer may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat; and

(c) That the developer may apply for and the municipal agency 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.

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

§ 515-46 Final construction drawings.

Prior to the commencement of any construction of final plat approval, the developer shall submit six sets of construction drawings to the Borough Engineer. Said drawings shall conform to the following:

A. They shall be drawn to a scale not less than one inch equals 50 feet.

B. The sheet size shall not exceed 24 inches by 36 inches.

C. They shall be drawn and sealed by an engineer licensed by the State of New Jersey.

D. They shall show all necessary details and information for the construction of the required improvements and shall incorporate all standard design details on file in the office of the Borough Engineer.

E. They shall also show cross sections and profiles of all streets, storm and sanitary sewers and water mains.

F. They shall also comply with the subdivision checklist incorporated into this chapter by reference as Appendix A.[1]

[1] Editor's Note: Checklists are available at the Planning/Zoning Board office.

§ 515-47 Final plat procedure.

The original tracing, six black-on-white prints of the final plat, drawn to the specifications pursuant to § 515-48C of this article, together with four completed application forms for final approval, the fees as required in Article X of this chapter, and a performance guarantee in the amount sufficient to ensure the completion of the improvements required under § 515-49 of this article, shall be submitted to the administrative officer.

A. Action by the municipal agency.

(1) After determination that a complete application has been submitted, the municipal agency shall act on the final plat within the time prescribed in § 515-42 of Article VII. Prior to an action being taken, however, a certification by the Borough Engineer and Attorney shall be received by the municipal agency, stating that the performance guarantee is approved as to form and amount to assure completion of all required improvements.

(2) If the municipal agency acts favorably on a final plat, with or without conditions, a notation to that effect shall be made on the plat and it shall be returned to the developer. Whenever review or approval of the application by the Middlesex County Planning Board is required by Section 5 of P.L. 1968, c. 285,[1] the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Middlesex County Planning Board or approval by the Middlesex County Planning Board by its failure to report thereon within the required time period.

[1] Editor's Note: See N.J.S.A. 40:27-6.3.

B. Filing with county recording officer.

(1) After the original tracing has been signed by the appropriate officials, the tracing shall be returned to the developer, and he shall proceed to file same with the county recording officer within 95 days from the date of the signing of the plat.

(2) The municipal agency may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat.

C. Furnishing copies of filed plat.

(1) Within 10 days of the filing of the original tracing with the county recording officer, the developer shall submit to the administrative officer the following copies of the filed plat: one translucent tracing cloth copy, two cloth prints and six black-on-white prints of the filed plat.

(2) The administrative officer shall furnish the Borough Engineer, Construction Official, Tax Assessor and Borough Clerk with a copy of the filed plat.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).

D. Rights conferred by final approval. The following rights shall be conferred upon the developer for a period of two years after the date of final approval:

(1) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 515-45C of this article, whether conditionally or otherwise, shall not be changed, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection B of this section. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required, the municipal agency may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter or the Municipal Land Use Law, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

(2) In the case of a subdivision for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision for 150 acres or more, the Planning Board may grant the rights referred to in this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

§ 515-48 Plat details.

All plats submitted for approval shall meet the criteria set forth in the following subsections.

A. Sketch plat. The sketch plat shall consist of one map in those cases where a concise, reasonably accurate, conceptual picture of the proposed subdivision of the property in question can be presented to the municipal agency. In all other cases where the required information would cause the plan to be confusing, the sketch plat shall consist of two maps in the same scale, one showing the existing property with all existing interior plot or lot lines and one labelled "proposed subdivision" showing the same property with interior lines as proposed to be subdivided. All sketch plats shall be based on the most current Tax Map information or similarly accurate base, at a scale of not less than 200 feet to the inch, on sheets of maximum size 24 inches by 36 inches. If the property proposed to be subdivided and all adjacent property to a point 500 feet exterior to all points of the property boundary cannot be shown on one sheet, additional sheets will be submitted as required. The maps may be prepared by the applicant, project engineer, planner, land surveyor or any representative of the applicant and shall contain the following information:

(1) On-tract significant horticultural or physical site characteristics, including streams, drainage structures and ditches, stands of trees, swampy or high water table areas, ravines and rock outcroppings.

(2) Location and use of existing structures on tract and on adjacent property within 200 feet of boundaries of the development.

(3) The names of the owner or owners of the property to be subdivided and all of the adjoining property owners within 200 feet, as disclosed by the most recent Borough tax rolls.

(4) All streets, roads, public rights-of-way, easements, streams and drainage structures and ditches within the property and within adjacent property to a point 500 feet from the applicant's property.

(5) A key map showing the property in relation to the general area of the community.

(6) The names of the municipality, the county, the project and the person who prepared the sketch plat; date of preparation; North arrow; scale; zoning district where located; and appropriate tax sheet, block and lot numbers.

(7) If the sketch plat is being submitted for minor subdivision approval, it shall be drawn by a land surveyor licensed by the State of New Jersey and shall show bearings and distances for all property lines, the building setback lines, the method of sanitary waste disposal and water supply, and any future right-of-way lines as shown on the Official Map. This shall not preclude, however, the submission of a sketch plat for informal review by the municipal agency, provided that proper application is made, the necessary maps submitted contain the necessary information for proper review and are legibly drawn, and the required fee pursuant to Article X of this chapter is paid.

B. Preliminary plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than 100 feet to the inch on sheets of a maximum size of 24 inches by 36 inches. It shall be drawn and sealed by a land surveyor licensed by the State of New Jersey. The preliminary plat shall be designed in compliance with the provisions of § 515-53 of this article and shall contain the following information:

(1) A survey of the site upon which the proposed subdivision is proposed, with dimensions and bearings.

(2) Soil erosion and sedimentation control plans pursuant to the requirements set forth in § 515-53G of this article.

(3) Location and use of existing structures on tract and on adjacent property within 200 feet of the boundaries of the development.

(4) The name of the developer and all of the adjoining property owners within 200 feet as disclosed by the most recent Borough tax rolls.

(5) Existing and proposed vehicular and pedestrian circulation systems on tract, including streets, walks, public rights-of-way, public and private easements, street names and widths.

(6) A key map showing the development application in relation to surrounding areas.

(7) The names of the municipality, the county, the project and the person who prepared the plat; date of preparation; North arrow; scale; zoning district where located; and appropriate tax sheet, block and lot numbers.

(8) All building setback lines as established by Chapter 540, Zoning.

(9) Plans for fire protection including hydrant location.

(10) Water runoff calculations must be submitted to substantiate the proposed drainage system.

(11) The topography of the site shall be shown and be based on United States Coast and Geodetic Survey datum. Where the slope of the site is less than 5%, a two-foot contour interval shall be shown; where greater, a ten-foot contour interval shall be shown.

(12) The acreage of tract to be subdivided, to the nearest 10th of an acre.

(13) Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility systems. When an individual water supply or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency or agencies. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat.

(14) A copy of any existing or proposed protective covenants or deed restrictions applying to the land being subdivided.

(15) All streets, roads, rights-of-way, easements, watercourses, drainage ditches and facilities and existing utilities within the property and within adjacent property to a point 500 feet surrounding the development application.

(16) Any proposed subdivision lying within the floodplain or special flood hazard area as delineated on the Borough Official Floodplain Map shall be reviewed to assure that:

(a) All such proposals are consistent with the need to minimize flood damage.

(b) All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage.

(c) Adequate drainage is provided so as to reduce exposure to flood hazards.

(17) Unless specifically waived by the municipal agency, all applications for preliminary approval shall include a detailed landscaping plan prepared by a licensed landscape architect or other qualified licensed professional specifically setting forth all proposed planting by type, number, location and species.

(18) Recycling plan. A plan in the form of narrative description and diagrams or maps shall be submitted for every development proposal for the construction of 50 or more units of single-family or two-family housing, any multifamily or townhouse dwelling and any nonresidential development proposal for the utilization of 1,000 square feet or more of land. The plan shall include details as to the storage, collection, disposition and recycling of recyclable materials as required by Article IV, Recycling, of Chapter 389, Solid Waste, of the Borough Code and shall comply with the requirements of § 515-67M.

[Added 3-10-2008 by Ord. No. 1811[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).

C. Final plat. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 100 feet and in compliance with all provisions of N.J.S.A. 46:26B-1 et seq. The final plat shall show or be accompanied by the following information:

(1) Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

(2) Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, all with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.

(3) The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

(4) Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with the number 1.

(5) Minimum building setback lines on all lots and other sites.

(6) Location and description of all monuments.

(7) Names of owners of adjoining unsubdivided land.

(8) Certification by engineer or surveyor licensed by the State of New Jersey as to accuracy of details of plat.

(9) Certification that the applicant is the owner of the land or his agent, and certification by the owner that he has given consent under an option or purchase agreement or other specified arrangement.

(10) When approval of a plat is required by any officer or body of the Borough, county or state, approval shall be certified on the plat.

§ 515-49 Improvements.

A. Existing vacant lot improvements shall be required as follows:

(1) In developed areas, the adjacent street or streets shall be improved to such a degree as to bring about uniformity and continuity of the street.

(2) In undeveloped areas, the adjacent street or streets shall be improved to the Borough standard.

B. Any applicant affected by the provisions of this chapter shall have the right to appeal to the Borough of South Plainfield Zoning Board of Adjustment.

C. Improvements to be installed. The subdivider shall install or guarantee the installation of all required improvements, including but not limited to clearing and grading; streets; gutters; curbs and sidewalks; streetlighting; street signs; landscaping and shade trees; culverts; storm sewers; drainage structures; erosion control and sedimentation control devices; public improvements of open space; utilities (electric, telephone, water mains or other means of water supply and sanitary facilities properly connected with approved systems of water supply and sewerage, as the case may be, and adequate to handle all present and probable future development); fire hydrants; and monuments.

D. Criteria determining required improvements. To determine the required improvements, the Planning Board shall consider:

(1) The probable development of various parts of the Borough as reflected in the Master Plan and the Zoning Ordinance;

(2) The necessity of safe, convenient and pleasant means for the movement of traffic;

(3) The protection of the public health, safety, comfort, convenience and general welfare; and

(4) The preservation of the ecology and natural environment to the extent that the provision of necessary public services allows the preservation of such environment.

E. Responsibility for improvements. Installation of all on-site improvements of a subdivision shall be under the inspection of the Borough Engineer, shall be at the sole expense of the subdivider, and shall be in accordance with the approved preliminary plat, as modified by the final plat or by other action of the municipal agency as herein provided and in accordance with law.

F. Design of improvements. Improvements shall be designed and constructed in accordance with the requirements herein. Should improvements be required which are not provided for within the particular sections of this chapter, they shall be designed and constructed in accordance with good engineering practice and recognized design standards. The subdivider (or his engineer) shall submit detailed design calculations and construction specifications in each such instance. Prior to the completion of such specialized design, the particular standards to be utilized shall be submitted for review by the municipal agency and Borough Engineer.

G. Standards for improvements (general). All improvements shall be installed in complete accordance with the standards of this chapter, with other particular specifications approved by the municipal agency and with all other applicable municipal, county and state regulations.

H. Standard specifications and construction details. Insofar as applicable, all improvements shall be constructed and installed in accordance with "Specifications for the Construction of Public Works in the Borough of South Plainfield, Middlesex County, New Jersey," as amended and supplemented from time to time, hereinafter referred to as the "Borough Specifications," copies of which are on file with the Borough Clerk and which said specifications are hereby incorporated herein as though set forth at length herein. In instances where no detailed specifications are therein set forth for the construction of a particular type of pavement, curb, sidewalk or other facility to be constructed under Borough requirements, the materials and methods of construction shall meet with and conform to the requirements of the Standard Specifications for Road and Bridge Construction Details of the New Jersey Department of Transportation (latest revision), all hereinafter referred to as the "standard specifications," as modified, supplemented, amended or superseded by the requirements of this chapter, by the approved preliminary plat, by particular agreement among the municipal agency, Borough Council and subdivider or by other applicable municipal, county or state regulations. Such standard specifications and standard construction details are made part of this chapter by this reference and will not be herein repeated. It will be the responsibility of all subdividers to familiarize themselves with these standards, copies of which may be examined at the office of the Borough Engineer. The requirements of this chapter, of approved preliminary or final plats, or of particular agreements and conditions of approval, and of applicable municipal, county or state regulations shall govern and prevail in the case of conflict between them and the standard specifications or standard construction details.

I. Required improvements. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guarantees for the ultimate installation of the following improvements:

(1) Streets. All streets shall be constructed in accordance with applicable standards and specifications of the Borough. Such construction shall be subject to inspection and approval by the Borough Engineer.

(2) Street name signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the Borough and shall be placed in accordance with the standards of the Borough.

(3) Curbs. Curbs shall be constructed and provided for in accordance with the standards and specifications of the Borough. Such construction shall be subject to inspection and approval by the Borough Engineer. Curb ramps for the physically handicapped shall be constructed at all intersections and crosswalks and shall meet the minimum standards and specifications of the New Jersey Department of Transportation.

(4) Sidewalks. Every street shall have concrete walks four feet wide, four inches thick, six inches thick at driveways, with six-inch concrete or bituminous concrete apron placed one foot from property line, and constructed in accordance with the Borough Specifications.

(5) Street trees.

[Amended 7-31-2017 by Ord. No. 2081; 2-20-2018 by Ord. No. 2104]

(a) At least two street trees shall be planted on each lot a minimum of 15 feet inside the curbline and a minimum of 40 feet between trees. The minimum caliper of the trees shall be two inches. The minimum height shall be 12 feet.

(b) Trees to be planted shall be selected from those recommended in the publication "Trees for New Jersey Streets" published by the New Jersey Federation of Shade Tree Commissions. In large subdivisions (20 or more homes) more than one variety of trees shall be planted to provide visual interest and to prevent total damage from disease or insects. The following trees shall not be planted as shade trees: birch, catalpa, wild cherry, black locust, silver maple, poplar, sassafras, sumac, willow and all fruit trees and evergreen trees. In approving the locations and type of shade trees the municipal agency shall consider safety of vehicular and pedestrian traffic, including visibility and sight distance, breakage of limbs of brittle trees, interference with utility lines and poles, and consistency with the general character of the area.

(c) Besides the shade tree requirements outlined above, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the municipal agency at the time of approval of the preliminary plat. The number of trees planted shall be not less than 10 per acre, calculated on the basis of the entire subdivision tract. The variety of plantings may vary from those listed under shade tree requirements and may include flowering types and evergreens not exceeding 30% of the total plantings.

(6) Topsoil preservation; landscaping.

(a) Topsoil protection.

[1] No topsoil shall be removed from the site or used as spoil. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting.

[2] All regraded areas shall be covered by a four-inch minimum thickness of topsoil. If sufficient topsoil is not available on the site, topsoil meeting the requirements of the standard specifications shall be provided to result in a four-inch minimum thickness.

(b) Tree removal. No tree shall be removed from the site unless and until a tree removal and site clearing permit shall first have been obtained in the following manner:

[1] Application shall be filed in triplicate with the administrative officer and payment of application fee in an amount of $100 per acre or portion thereof. A performance guarantee shall be submitted upon approval of an application in an amount estimated by the Borough Engineer to cover the cost of the replacement plan as described in Subsection I(6)(b)[5]. Following the completion of the planting of trees in accordance with the approved replacement plan and as a condition of the release of the performance guarantee, the permit holder shall post a maintenance guarantee with the Borough Clerk for maintenance of the replacement trees. The maintenance guarantee, which may be a surety bond, shall not exceed 15% of the costs of the replacement plan and shall be posted for a period not to exceed two years after acceptance of the completed replacement plan. Under the maintenance guarantee, an eighty-five-percent survival rate for the two-year guarantee period shall be considered satisfactory.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).

[2] The site plan submitted by the applicant shall show existing vegetation, actual location of all trees and shrubs to be removed as defined in § 444-3 of the Village Code except in areas delineated in wetlands and associated transition zones as per a New Jersey Department of Environmental Protection letter of intent, limit of disturbance, a schedule indicating size and species of trees to be removed, topography and physical features (i.e., streams, slopes, etc.).[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).

[3] In addition to the copies of the site plan sent to the Planning Board or Board of Adjustment for review, the administrative officer shall forward one copy each of the application to the Borough Engineer, the Environmental Commission and the Borough's Environmental Specialist. The Environmental Commission and the Environmental Specialist shall, within 14 days of receipt of the application, advise both the Planning Board or Board of Adjustment and the administrative officer of their findings, concerns and recommendations. The permit shall be issued by the administrative officer upon approval by the Planning Board or Board of Adjustment as part of the final approval.

[4] Standards to be applied in granting a tree removal and site clearing permit shall be concurrence in the findings of the administrative officer, Environmental Commission, Borough Engineer and Environmental Specialist that the proposed tree removal shall not impair the growth and development of the remaining trees of the site or adjacent/contiguous properties; shall not cause soil erosion or increased dust; shall not impair existing drainage patterns; shall not substantially impair the aesthetic values of the area; and shall not be in conflict with the recommendation and findings of the Environmental Commission. The maximum area to be cleared or developed shall not exceed the maximum lot coverage permitted in the zone plus 10%. Clearing shall be located only within the permitted principal building envelope and driveway bed. The remaining area shall be preserved, and trees and shrubs growing in this area shall be protected during development as specified in Subsection I(6)(b)[7] below.

[5] If the area to be cleared exceeds the allowed percentage, trees and shrubs (as defined in § 444-3 of the Village Code) removed shall be replaced. Shrubs and trees up to 16 inches' diameter at breast height (dbh) shall be replaced on a one-to-one basis. Replacements shall be species native to the South Plainfield area and, where practicable, the same as those removed. Replacement shrubs shall be No. 2 or 12 inches minimum. Replacement trees shall be two inches to 2 1/2 inches in caliper. Removed trees of dbh greater than 16 inches shall be replaced on a ratio-to-one basis. "Ratio-to-one" equals one replacement tree for each three inches' caliper of tree removed. Replacement trees shall be shown on the subdivision site plans.

[6] The number of trees to be planted, in addition to street tree requirements and the replacement requirements for excessive clearing as described in Subsection I(6)(b)[5] above, shall not be less than 15 per acre of gross open lot area less the total percentage of area allowed to be cleared.

[7] Trees planted as specified in Subsection I(6)(b)[6] above in residential developments shall be located at the property lines or corners to provide their own individual planting schemes on the open areas of their lots. Proposed planting shall be indicated on the subdivision plans and should include a mix of deciduous and coniferous native species. The Planning Board or Board of Adjustment shall require the applicant to submit a construction plan that shows no soil, construction materials or equipment will be placed within the dripline of a tree or shrub that is to remain on site. Where it is necessary by reason of topography to grade around such trees, the plan shall include measures such as wells or retaining walls, as appropriate, to protect their root systems.

[8] Where an applicant claims that the cost of the required number of replacement trees, as described in Subsection I(6)(b)[5] above, would impose a development cost that exceeds 5% of the total bonded improvement cost of development of the site, the Board may, in its discretion, reduce the required number of replacement trees. In support of such a claim, the applicant shall submit written cost estimates from three sources for Board review. Replacement trees required for removing trees greater than 16 inches' diameter at breast height are specifically excluded from such estimates. Each estimate shall include the species, size, number and price of the replacement trees. No reduction in the required number of replacement trees shall exceed 1/2 of the original number of replacement trees required in Subsection I(6)(b)[5] for trees up to 16 inches' diameter at breast height. No reductions will be granted as to the number of replacement trees required to replace trees greater than 16 inches' diameter at breast height.

[9] The provisions of this subsection shall not be applicable to subdivisions which are classified and approved as minor subdivisions; these minor subdivisions shall be governed by the provisions of Chapter 444, Trees, of the Borough Code.

[10] In lieu of planting some of the replacement trees on site, the applicant may request or may be required to contribute an amount equal to twice the current value of each unplanted tree to a fund established by the Borough for environmental programs such as tree planting, tree maintenance, tree preservation, park development or landscaping and other comparable projects as recommended by the Environmental Commission. The developer may apply this option to up to 50% of the required number of replacement trees. This option does not apply to the required planting of 15 trees per acre of uncleared lot area specified in Subsection I(6)(b)[6] above. Contributions to be made in lieu of planting more than 50% of the required number of replacement trees must be approved by the Board.

(c) Removal of debris. All tree stumps and other tree parts or other debris shall be removed from the site. No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the subdivision. All dead and dying trees standing or fallen shall be removed from the site.

(d) Slope plantings. Landscaping of the areas of all cuts or fills and terraces shall be sufficient to prevent erosion and shall be approved by the municipal agency. All slopes steeper than one foot vertically to two feet horizontally shall be planted with suitable cover plants. Grasses or sodding alone shall not be acceptable.

(e) Landscaping plans. Unless specifically waived by the municipal agency, all applications for preliminary approval shall include a detailed landscaping plan prepared by a licensed landscape architect or other qualified licensed professional specifically setting forth all proposed planting by type, number, location and species.

(f) Waiver. The municipal agency, after examination and review, may waive provisions of Subsection I(6)(e) above in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions.

(g) Specifications. All planting, clearing, topsoiling, seeding and other landscaping work shall conform to the applicable requirements of the standard specifications.

(7) Clearing and grading.

(a) All grading, excavation or embankment construction shall be in accordance with the approved preliminary or final plat and shall provide for the disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the standard specifications. No excavated materials may be removed from the site without the prior approval of the Borough Engineer. Where borrowed excavation material from off-site sources is required to complete the necessary grading, such material shall meet the requirements of the Standard Specifications for Borrow Excavation, Zone 3, and shall be subject to the approval of the Borough Engineer.

(b) Material which the Borough Engineer judges is unsuitable for use in roadway embankment may be used for grading outside the roadway right-of-way or building areas at the direction of the Borough Engineer. Any unsuitable material which cannot be satisfactorily utilized on the site shall, at the direction of the Borough Engineer, be removed from the site and disposed of at places to be provided by the subdivider outside the Borough limits.

(c) All construction layout and grading stakes shall be set by a New Jersey licensed land surveyor or professional engineer employed by the subdivider or his contractor.

(d) All rough grading must be completed prior to the construction of roadway subgrade. All sidewalk areas and slope areas must be fully graded prior to the construction of finished pavements or pavement base courses.

(e) No part of this chapter shall exempt the subdivider or his contractor from the observance of other applicable municipal, county or state ordinances or regulations regarding the removal of soil and/or topsoil, the littering of streets and roads with soil, and the burning and/or burial of wood.

(8) Storm drainage and sanitary sewerage facilities.

(a) Provisions shall be made for stormwater drainage, sanitary sewage and utilities. All such installations shall be connected with an approved system and shall be adequate for all present and probable future development and specifications.

(b) Sanitary sewers and appurtenances shall be installed and connected in accordance with the sanitary sewer ordinances and with the plans and specifications and requirements established by the South Plainfield Sewer Utility. No subdivision shall be approved without sanitary sewers, unless said requirement is waived by the municipal agency upon satisfaction from the Board of Health that adequate sewage disposal systems can be established in the subdivision, and then only after the applicant shall furnish, under the certificate of a licensed professional engineer, satisfactory percolation tests for each and every lot shown upon the proposed subdivision. Each such sewage disposal system shall be installed in accordance with the requirements of and subject to the approval of the South Plainfield Board of Health, and no certificate of occupancy for any dwelling located on any such lot shall be issued until such approval is granted.

(c) Storm drainage facilities shall be constructed in accordance with Borough specifications or as directed by the Borough Engineer.

(9) Streetlighting. Streetlights shall be of a type approved by resolution of the Borough Council and by the electric utility company serving the proposed subdivision and located so as to provide a minimum lighting level of 0.5 horizontal footcandle on all local streets and 1.0 horizontal footcandle on all minor and major collector and arterial streets. The subdivider shall provide for initial installation of any streetlights. After final acceptance, operation and maintenance costs shall be the responsibility of the Borough.

(10) Monuments. Monuments shall be of a size and shape required by the Map Filing Law, Chapter 141, P.L. 1960, and all applicable amendments thereto and shall be placed in accordance with said statute by a New Jersey licensed land surveyor.[3]

[3] Editor's Note: See now N.J.S.A. 46:26B-1 et seq.

(11) Utility installations in new residential subdivisions.

(a) All utility lines and necessary appurtenances in new residential subdivisions, including but not limited to electric transmission and electric, gas and water distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. The subdivider shall arrange with the serving utility for the underground installation of the utilities' supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions of its tariff as the same are then on file with the State of New Jersey Board of Public Utilities Commissioners and shall submit to the municipal agency prior to the granting of approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that lots in subdivisions which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, all new building service connections shall be installed underground.

(b) Wherever the utility is not installed in the public right-of-way, an appropriate utility easement up to 25 feet in width shall be provided.

(12) Utility installations in industrial subdivisions. In industrial subdivisions, all secondary, 800 amp or less, services shall be installed underground.

(13) Traffic control devices.

(a) The subdivider shall, prior to final acceptance, install all traffic control devices required within any subdivision or, with the consent of the municipal agency, may deposit with the Borough Clerk a sum in cash or certified check in the amount set by the Borough Engineer equal to the cost of all necessary traffic control devices not installed by the subdivider.

(b) Traffic control devices shall include but are not limited to signs, traffic lines, lights, reflectors and channelizing markers. The number, type, legend, placement and size of all traffic control devices shall be in accordance with the current Manual on Uniform Traffic Control Devices by the United States Department of Transportation and the requirements of municipal, county and state regulations and shall be according to an approved plan submitted at the time of preliminary plat approval.

(c) Construction details of all proposed traffic control devices shall be in accordance with standards approved by the Borough Engineer.

(14) Recycling collection centers.

[Added 11-29-1993 by Ord. No. 1340]

(a) There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the municipal Master Plan adopted pursuant to Section 26 of P.L. 1987, c. 102.[4]

[4] Editor's Note: See N.J.S.A. 40:55D-28.

(b) The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

(c) The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.

(d) The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.

(e) Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

(f) Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

§ 515-50 Inspection and approval.

All of the above-listed improvements shall be subject to inspection and approval by the Borough Engineer, except where such inspection falls under the jurisdiction of the public utility company, who shall be notified by the developer at least five days prior to the start of construction and again two days prior to the resumption of work after any idle period exceeding one working day. No underground installation shall be covered until it is inspected and approved by the Borough Engineer.

§ 515-51 Performance guarantee; safety and stability guarantee; escrow fee for inspections.

A. No final plat or minor subdivision deed shall be approved by any municipal agency or zoning permit issued unless the developer has filed with the Borough a performance guarantee assuring the installation and maintenance of certain on-tract improvements and which meets with the approval of the Borough Engineer and Attorney as to sufficiency, form and execution or unless the required improvements have been installed and approved and a sufficient maintenance guarantee has been posted. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance guarantee to another governmental agency, no performance guarantee shall be required by the municipality for such utilities or improvements.

[Amended 2-20-2018 by Ord. No. 2104]

(1) Should a successive developer request a permit update under the State Uniform Construction Code for the purpose of updating the name and address of the owner of property on a construction permit, as a condition of such permit update, the new owner shall provide replacement performance guarantees, safety and stability guarantees and/or maintenance guarantees as applicable to the then current stage of development.

B. Such performance guarantee shall cover the cost of the installation of the improvements set forth in § 515-49 of this article deemed necessary and appropriate, and are to be dedicated to the municipality, including streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:26B-1 et seq.), water mains, sanitary sewers or other means of sewage disposal, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements as well as privately owned perimeter buffer landscaping as required by ordinance or imposed as a condition of approval for each section or phase of development.

[Amended 2-20-2018 by Ord. No. 2104]

(1) At the developer's option a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.

(2) In the event that a developer shall seek a temporary certificate of occupancy for a development, unit, lot, building or phase of development, as a condition of the issuance thereof the developer shall furnish a separate guarantee referred to herein as "temporary certificate of occupancy guarantee" in compliance with the provisions of N.J.S.A. 40:55D-53(1)(c), et seq. The municipal official designated to administer this provision of this section is the Borough Engineer.

C. Performance guarantee estimate.

(1) Except as hereafter provided, the remaining required improvements shall be at least 50% completed as to each category set forth in the performance guarantee within one year from the date of final approval or by such time as 50% of the lots in the section in question have been conveyed in any manner by the applicant, whichever shall first occur. At least 75% of the remaining required improvements shall be completed as to each category as set forth in the performance guarantee within 18 months from the date of final approval or at such time as 75% of the lots in the section in question have been conveyed in any manner by the applicant, whichever shall first occur. Such improvements shall be 100% completed and accepted by the municipality within two years from the date of final approval or at such time as all of the lots in question have been conveyed in any manner by the applicant, whichever shall first occur. It is the intention of the governing body that this requirement will provide to those living in each new section of a development a dwelling unit that is as complete as possible with respect to tract and individual lot improvements.

(2) The performance guarantee estimate shall be prepared by the applicant's engineer and submitted to the municipal Engineer for review and approval, setting forth all requirements for improvements as required by Board approval and their estimated cost.

(3) Approval by Attorney for the governing body.

(a) The applicant shall present one original and one copy of the performance guarantee in an amount equal to 120% of the approved performance guarantee estimate to the Borough Engineer. The Borough Engineer shall submit one copy to the Attorney for the governing body for approval as to form and execution.

(b) The Attorney for the governing body shall notify the municipal Clerk prior to a meeting of the governing body whether the performance guarantee is properly executed and can be acted upon by that body. The municipal Clerk shall notify the Borough Engineer accordingly.

D. Bonding and cash requirements.

(1) The performance guarantee shall be made payable and deposited to the municipality and shall be in the form of cash or a cashier's or certified check from a bank in Middlesex County or a performance bond in which the applicant shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The municipality shall issue its receipt for such deposits and shall cause the same to be deposited in a bank named by the municipality in the name of the municipality as security for completion of all requirements and to be returned to the applicant upon completion of all required work or, in the event of default on the part of the applicant, to be used by the municipality to pay the cost and expense of obtaining completion of all requirements. Every bond, whether cash or surety, shall contain a clause to the effect that a determination by the municipal Engineer that the principal has defaulted in the performance of obligations shall be binding and conclusive upon the surety and the principal. Sureties shall be so worded to indicate that the guarantee automatically continues if the work is not completed by the stated expiration date.

(2) Ten percent of the amount of the approved performance guarantee estimate shall be deposited by the applicant in cash with the municipality. The remaining 90% may be in cash or surety bond. In the event of default, the ten-percent fund herein mentioned shall be first applied to the completion of the requirements, and the cash or the surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond shall recite the foregoing provisions.

E. If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

F. Safety and stabilization guarantee. The developer shall furnish to the municipality a safety and stabilization guarantee to be available to the municipality for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition in compliance with the provisions of N.J.S.A. 40:55D-53(1)(d), et seq.

[Amended 2-20-2018 by Ord. No. 2104]

(1) At the developer's option the safety and stabilization guarantee may be provided as a separate guarantee or as a line item in the performance guarantee.

(2) The amount of the safety and stabilization guarantee shall be as follows: for bonded improvements in an amount not exceeding $100,000, the guarantee shall be $5,000. The amount of the safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of all the bonded improvements, or applicable phase or stage of development, as follows: $5,000 for the first $100,000 of bonded improvements plus 2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000 plus 1% of bonded improvements costs in excess of $1,000,000.

G. When all or substantially all of the required improvements have been completed, the obligor shall notify the governing body in writing by certified mail, addressed care of the Borough Clerk, of the completion of the improvements and shall send a copy thereof to the Borough Engineer. The obligor shall simultaneously therewith submit to the Borough Engineer as-built drawings, in ink, on tracing cloth, to such scale as required by the Borough Engineer, accurately showing the location, profile, size and appurtenances of all storm drains, catch basins, sanitary sewers, and water mains and utilities, including service connections, constructed within the subdivision or site. The obligor shall also submit a certification by an engineer to the placement and installation of monuments.

[Amended 2-20-2018 by Ord. No. 2104]

H. The Borough Engineer shall then inspect all of the improvements and shall file a report in writing with the governing body, and the obligor, within 45 days, which report shall be detailed and shall indicate either approval, partial approval or rejection of said improvements. If said improvements or any portion thereof shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of the reasons for such nonapproval or rejection. Where said report indicates partial approval of said improvements, it shall indicate the costs of the improvements for which approval is rejected or withheld.

[Amended 8-15-1996 by Ord. No. 1428; 2-20-2018 by Ord. No. 2104]

I. The governing body, by resolution, shall either approve, partially approve or reject the improvements, after a public hearing has been held, on the basis of the report of the Borough Engineer. The resolution shall be adopted within 45 days of receipt of the report from the Engineer. Prior to the public hearing, the obligor shall publish a notice in the newspaper and notify all property owners in and within 200 feet of the development, by certified mail, return receipt requested, of the date, time and place of hearing, which notice shall be served not later than 10 days prior to the date of the hearing set forth in the notice. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee to the extent of such partial approval, except that a portion adequately sufficient to secure provision of the improvements not yet approved shall be maintained as provided for by N.J.S.A. 40:55D-53 et seq. Newspaper notification and notification of property owners within 200 feet by certified mail shall not be required where the amount of the performance guarantee is $500 or less. An executed copy of the adopted resolution of the governing body shall be provided to the obligor.

[Amended 2-20-2018 by Ord. No. 2104]

J. Failure of the governing body to adopt such resolution within 45 days of receipt of the report from the engineer shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall entitle the obligor to petition the Superior Court for an order compelling such approval.

[Amended 2-20-2018 by Ord. No. 2104]

K. If any portion of the required improvements shall not be approved or shall be rejected by the governing body, the obligor shall cause the same to be completed, and the appropriate portion of performance guarantees and safety and stabilization guarantees shall be retained by the Borough as provided for in N.J.S.A. 40:55D-53 et seq. Upon completion of the remaining improvements, the same procedure of notification as outlined herein shall be followed.

[Amended 2-20-2018 by Ord. No. 2104[1]]

[1] Editor's Note: Former Subsections K through N were redesignated as Subsections L through O, respectively, pursuant to this ordinance.

L. Nothing herein, however, shall be construed to limit the right of the developer, obligor and surety, if any, to contest by legal proceedings any determination of the governing body or the Borough Engineer.

M. The obligor shall reimburse the municipality for reasonable inspection fees paid to the Borough Engineer for the foregoing inspections of improvements, pursuant to N.J.S.A. 40:55D-53(3)(h) et seq. The obligor shall post inspection fees, in escrow, in the amount determined as follows: the greater of $500 or 5% of the bonded improvements subject to the performance guarantee under the applicable statute. Further, the escrow fee shall not exceed 5% of the costs of private site improvements that are not subject to the performance guarantee.

[Amended 2-20-2018 by Ord. No. 2104]

(1) If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to N.J.S.A. 40:55D-53, is insufficient to cover the costs of additional required inspections, the municipality may require the developer to deposit additional funds in escrow, provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the Municipal Engineer, which informs the developer of the need for the additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections and estimates the cost for performing those inspections.

N. Nothing contained herein shall absolve the developer or surety from latent defects in the construction or installation of the improvements should the same become ascertainable subsequent to the inspections and procedures as outlined above.

O. Nothing contained herein shall affect the obligation of any person relating to the performance of the obligations hereunder to post a sufficient maintenance guarantee relative to the required improvements, and the posting of such a maintenance guarantee may be required by the governing body as a prerequisite to releasing the obligor and surety, if any, from all liability pursuant to its performance guarantee.

§ 515-52 Certification of improvements; maintenance guarantee.

A. Upon final acceptance of the improvements by the governing body consistent with the procedures as outlined above in § 515-51, and before the release of the performance guarantee, the developer shall post a maintenance guarantee with the Borough in the amount of 15% of the costs of the installation of the improvements which are being released. The developer shall also post a maintenance guarantee in an amount not to exceed 15% of the costs of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater system if any. Said maintenance guarantee(s) to run for a period of two years after final acceptance of the improvements if such are dedicated to the public or the date of approval by the engineer if private improvements. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a maintenance guarantee to another governmental agency, no maintenance guarantee shall be required by the municipality for such utilities or improvements.

[Amended 2-20-2018 by Ord. No. 2104]

B. Guarantees required; surety; release.

(1) Should the developer, obligor and surety, if any, fail in its obligation to properly maintain all improvements, the governing body may, on 10 days' written notice or immediately in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the developer's guarantee. At the end of the maintenance guarantee period, the surety or equivalent on deposit will be returned to the developer less any sums, properly documented by the Borough, which have been expended to repair or replace any unsatisfactory improvements.

(2) Nothing herein, however, shall be construed to limit the right of the developer, obligor and surety, if any, to contest by legal proceedings any determination of the governing body or the Borough Engineer.

(3) The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements.

§ 515-53 Design standards.

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

(1) Development pattern. The subdivision plat shall conform to design standards that will encourage the most appropriate development pattern within the Borough.

(2) Reservation of public areas.

(a) If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins, bikeways, walkways or other public areas within the proposed development, before approving a subdivision or site plan the municipal agency 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 municipal agency 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.

(b) Any developer claiming to be entitled under this subsection to receive just compensation for actual loss caused by temporary reservation and deprivation of use shall have the burden of proving to the governing body by competent and credible evidence that there has been actual loss to the developer by such temporary reservation and deprivation of use and the amount of compensation which is just in the particular case, taking into account the factors and criteria outlined in this subsection and any others which are relevant. The governing body may elect, by resolution, in lieu of holding the hearing itself, to have the municipal agency which originally imposed the particular reservation involved either hold the hearing on any such application by a developer for compensation under this subsection and forward its findings, conclusions and recommendations to the governing body for ultimate determination, together with the transcript of the hearing held before the municipal agency, which transcript shall be supplied at the developer's expense, or hold the hearing on any such application by a developer for compensation under this subsection and decide the matter based upon findings and conclusions to be adopted by the municipal agency, with such determination to be final and binding upon the governing body. The final determination by the governing body or by the municipal agency, as the case may be, shall be made within 45 days of the conclusion of the hearing or within 45 days of the submission of the agency's recommendations and the transcript to the governing body in accordance with the above, whichever is later, or within such further time as may be consented to by the developer. Any compensation found to be payable under this subsection shall be paid in full to the developer within 90 days of the date of final determination as to the same or within such further time or upon such other terms as may be consented to by the developer.

B. Streets.

(1) Street extensions. The arrangement of streets within the subdivision shall provide for the extension and/or realignment of existing collector or arterial roadways. Arrangements should be made to extend existing local streets when such extension is necessary and the municipal agency concurs that such extension will promote safety and conform to the local street standards contained elsewhere in this chapter.

(2) Street widening. Where subdivisions abut existing roadways, sufficient right-of-way shall be dedicated to provide the right-of-way width proposed for the functional classification of the street in question.

(3) Design of local streets. Local streets shall be designed in accordance with the Schedule of Street Design Standards[1] and the following requirements:

(a) Local streets shall be so arranged that there exists a minimum possibility of their use by traffic which does not have its origin or destination at the lots to which the local streets provide access.

(b) Dead-end streets with culs-de-sac may be used where necessary but shall not be longer than 1,000 feet. They shall provide an end turnaround with a pavement radius of not less than 50 feet and a property line radius of not less than 60 feet and which shall, whenever possible, be tangent to the right side of the street when viewed toward the closed end.

(c) When their use is possible, loop streets are preferred to culs-de-sac. Loop streets shall provide access to no more than 35 lots, except that where access is provided by a combination of a loop street and culs-de-sac, the maximum shall be 55 lots, provided that the length of the loop street alone will not exceed 3,000 feet. Loop streets shall have both of their termini located on the same collector or arterial street.

[1] Editor's Note: The Schedule of Street Design Standards (Figure 1) is included as an attachment to this chapter.

(4) Classification of streets. In any subdivision it shall be the duty of the municipal agency to approve classification of proposed streets according to their use. In making its decisions, the municipal agency shall refer to the Master Plan and shall consider conditions within the subdivision and the surrounding areas and shall use as a guide the following street classifications and criteria:

(a) Local street. A local street is a street serving only single-family residences and should, where possible, be either a cul-de-sac or a loop street meeting the requirements hereinabove set forth. A street which serves traffic having origins and destination other than within the lots which abut the street shall not be considered a local street. The maximum traffic expected on a local street shall be 500 vehicles per day. (See Figure 1.)[2]

[2] Editor's Note: Figure 1 is included as an attachment to this chapter.

(b) Minor (local) collector. A minor collector is generally a street gathering traffic from local streets and feeding it into a system of major collectors or arterial roadways. Even if laid out as a local street, a street should be considered a minor collector if it provides access to more than 55 lots or, in the case of a cul-de-sac, more than 20 lots or could be utilized by traffic other than residential in nature. Minor collectors should generally not be expected to carry traffic exceeding 2,500 vehicles per day. The design speed of minor collectors should be 50 miles per hour. (See Figure 1.)

(c) Major collectors. Major collectors are streets gathering traffic from more than one minor collector and leading it to a system of other major collectors or arterial streets. Major collectors shall have a design speed of 60 miles per hour and should generally be designed to carry traffic volume approaching 10,000 vehicles per day. (See Figure 1.)

(d) Arterials. Arterials are any federal, state or county highway or municipal street or road intended to carry traffic between major collectors and between the various neighborhoods of the Borough or from the Borough's neighborhoods to destinations outside the Borough. Arterials should have a design speed of 60 miles per hour and should be designed to carry traffic exceeding 10,000 vehicles per day. (See Figure 1.)[3]

[3] Editor's Note: Figure 1 is included as an attachment to this chapter.

(e) Classification criteria. Street classifications will be approved by the municipal agency in accordance with the foregoing definitions, in accordance with the Master Plan and Official Map if such be adopted, in accordance with the provisions of applicable county and state regulations or plans or, in the absence of specific information from the above, in accordance with its own best judgment concerning the use to which the various streets in any subdivision will be put.

(5) Lots abutting minor (local) collector streets. Where possible, lots shall not abut a minor collector street unless the minor collector street has a turnaround with a pavement radius of not less than 50 feet. Each lot having a portion of its frontage abutting a minor collector street not containing such a turnaround shall also have a portion of its frontage abutting a local street.

(6) Lots abutting major collector and secondary arterial streets. In any subdivision abutting or being traversed by a major collector or an arterial street, one of the following conditions shall be required:

(a) Where possible, lots shall not abut a major collector or secondary street. Each lot having a portion of its frontage abutting a minor collector street shall also have a portion of its frontage abutting a local street. Driveway access to any such lot shall be maintained from the local street not closer than 50 feet to its intersection with the minor collector street. As an alternate to the above, reverse frontage or a marginal service road may be required. No additional screening or buffering shall be required.

(b) The frontage on all lots abutting the major collector or secondary arterial street shall be reversed so that the lots will front on an internal local street; a landscaped buffer strip at least 20 feet in width will be provided on the abutting lots along the right-of-way of the major collector or arterial street. Lots having such reverse frontage shall have a minimum depth of not less than 100 feet.

(7) Street design standards. Street design standards shall be appropriate to the expected use of the street, soil, topographical and other physical conditions and to the maintenance of the purposes of this chapter, but shall not be less than those set forth in Figure 1, Schedule of Street Design Standards.[4]

[4] Editor's Note: Figure 1 is included as an attachment to this chapter.

(8) Nonresidential streets. The right-of-way width and other standards for internal roads in commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.

(9) Reserve strips. There shall be no reserve strips or areas controlling access to streets except where control and disposal of the land comprising such strips or areas have been placed in the hands of the Borough Council under conditions approved by the municipal agency.

(10) Street intersections. Street intersections shall be designed according to the following standards:

(a) No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 60° (measured at the center line of streets) shall not be permitted.

(b) Streets should not enter the same side of minor collector streets at intervals of less than 250 feet, major collector streets at intervals of less than 800 feet, or arterials at intervals of less than 1,500 feet. Roads which enter collectors or arterials from opposite sides shall be directly opposite to each other or they must be separated by at least 200 feet between their center lines measured along the center line of the intersected street.

(c) Approaches of any collector or arterial street to any intersection of another collector or arterial street shall be tangent or on a curve of radius greater than 5,000 feet for at least 500 feet from the intersection.

(d) Where a collector or arterial street intersects with another collector or arterial street, the street right-of-way of each shall be widened by 20 feet (10 feet for each side) for a distance of 500 feet in all directions from the intersection of the center lines.

(e) In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified above, sight triangles shall be dedicated to the Borough of South Plainfield. These shall be the areas bounded by the right-of-way lines and straight lines connecting points on all street center lines which are the following distances from the intersection of the center lines:

[1] Where a local street intersects another local, 100 feet on each center line.

[2] Where a local street intersects a minor collector, 100 feet on the local and 200 feet on the minor collector.

[3] Where a local or minor collector intersects a major collector or arterial, 100 feet on the local or minor collector and 350 feet on the major collector or arterial.

[4] Where a major collector or arterial intersects a major collector or arterial, 350 feet on each center line.

(11) Street layout.

(a) Curved local streets are preferred to discourage speed and monotony. Wherever possible and practical, the maximum straight-line distance shall not exceed 1,000 feet.

(b) The municipal agency may, and in the case of subdivisions having 50 or more lots shall, require provision for continuing circulation patterns onto adjacent properties and, for this purpose, may require the provision of stub streets abutting adjacent properties.

(c) Subdivisions containing more than 50 lots shall have a minimum of two access points from major collector or arterial streets.

(12) Grading for roadways.

(a) To preserve integrity, pavements, embankments and excavations for streets or roadways shall be provided with slopes no steeper than one foot of vertical rise for every two feet of horizontal distance.

(b) Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the landscaping plans approved by the municipal agency. In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the subdivision, the municipal agency may, upon the application of the subdivider, consider or may, upon its own initiative, direct the use of terraces, retaining walls, crib walls, or other means of maintaining roadway slopes. In any event, the entire roadway right-of-way shall be fully graded and any retaining walls, crib walls, or terraces shall be located outside of the roadway right-of-way, and their maintenance shall be the responsibility of the owner of the property on which they are constructed. The subdivider shall make suitable provisions in the instruments transferring title to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the municipal Clerk. All areas in the roadway right-of-way between curbs and sidewalks shall be neatly graded, topsoiled and fertilized and seeded to establish a stand of perennial grasses. Unless otherwise permitted by the municipal agency, subject to an approved landscaping plan, the entire area between the curb and the sidewalk shall be cleared of all trees, brush and shrubs of every description.

(13) Street names. Street names and subdivision names shall not duplicate nor nearly duplicate the names of any existing streets or subdivision in South Plainfield or contiguous areas of other communities. Any continuation of an existing street shall have the same street name. All street names are to be designated by the municipal agency.

(14) Limit of improvements. The developer shall complete all improvements to the limits of the subdivision, unless other provisions have been made and approved by the municipal agency as part of the approval of a preliminary plat. In those instances where completion of certain improvements would not be possible until the development of adjacent land takes place, alternate temporary improvements may be constructed subject to the approval of the municipal agency, and cash or a certified check representing the difference between the value of the temporary improvements and the required improvements may be accepted by the governing body to be credited toward the completion of such improvements at such time as the adjacent land develops.

C. Blocks.

(1) General. Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by Chapter 540, Zoning, and to provide adequately for sewage disposal, convenient access, circulation, control and safety of street traffic.

(2) Pedestrian crosswalks. In blocks over 1,000 feet long, public rights-of-way through the blocks may be required in locations deemed necessary by the municipal agency, such as schools, recreation areas and public buildings. Such rights-of-way shall be at least 10 feet wide and may be improved by paving if so deemed by the municipal agency. Block sizes for group housing, business or industrial use shall be sufficient to meet all area and yard requirements for such use.

D. Lots.

(1) General. Lot dimensions, front, side and rear yards, and total area in square feet shall not be less than the requirements of Chapter 540, Zoning, of the Borough Code.

(2) Side lines. Insofar as is practical, side lot lines shall be at right angles to streets and radial to curved streets.

(3) Frontage. Each lot must front upon a street, and the frontage shall not be less than required by Chapter 540, Zoning, 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 the minimum required building setback line.

(4) 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.

(5) 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 municipal agency may, after adequate investigation, with professional assistance, if deemed necessary, withhold approval of such lots.

(6) 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 municipal agency. Driveways shall not be located where visibility is limited because of curves or topography. The surface of any driveway shall be constructed with a permanent pavement such as macadam or concrete of a type specified and approved by the Borough Engineer. Such pavement shall extend to the paved portion of the road.

(7) Lots on arterial or collector streets. Lots fronting on arterial or collector roads shall, at the discretion of the municipal agency, be serviced by a marginal access road or reverse frontage or be required to provide driveways with turnarounds.

E. Easements.

(1) Utility easements. Easements at least 25 feet wide for utility installations may be required along property lines or elsewhere. The locations of such easements shall be determined after consultation with the company concerned or Borough Engineer.

(2) Drainage easements. If the property on which a proposed subdivision is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, a channel or a stream, the municipal agency may require that a stormwater and drainage easement or right-of-way along said facility be provided by the subdivider. If existing land drainage structures, such as french drains, are encountered during the course of construction of any subdivision, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross sections thereof shall be filed with the Borough Engineer. He shall either require a drainage structure to be removed in part or in its entirety or recommend such other action to the developer and/or governing body as he deems appropriate. The land which is the subject of an easement or right-of-way shall, in the case of storm drains or constructed channels, be of a suitable width meeting the requirements for design of drainage facilities or be a strip which conforms substantially to the floodplain of any watercourse along both sides of the watercourse or extends along both sides of the watercourse to a width of 50 feet in each direction from the center line of the watercourse, whichever is the greatest; except that, if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the subdivision. Said easement and right-of-way shall include provisions assuring the following:

(a) Preservation of the channel of the watercourse;

(b) Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement right-of-way;

(c) Prohibition within the boundaries of the easement and right-of-way of construction which will obstruct or interfere with the natural flow of the watercourse; and

(d) Reservation to the public of a right of entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.

(3) Conservation easement. Conservation easements may be required along all drainage, stormwater rights-of-way and flood hazard areas in the subdivision and may be required also along all streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and the erosion of stream banks, other watercourses and adjacent lands. The land subjected to a conservation easement shall be a strip at least 25 feet but not more than 75 feet in width running adjacent to each side of any required drainage or stormwater right-of-way. Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees, thinning of trees and other growth to encourage the most desirable growth, removal of trees to allow for structures designed to impound water, and removal of trees in areas to be flooded for the creation of ponds or lakes. The easement shall also prohibit filling or grading of lands or the disposal of refuse or waste material of any type within the limits of the easement. The easement shall be indicated on the plat and shall be marked on the land by iron pipes whenever the lines of such easement change direction or intersect lot lines.

(4) Sight easement. Sight easement may be required on all corners at all street intersections. Such easements shall include provisions to restrict planting of trees or other plantings or the location of structures exceeding 24 inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public of a right of entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight. Such easement shall include the area on a street corner that is bounded by a straight line connecting points on the street center lines as provided for in Subsection B(10)(e), except for utility poles.

F. Drainage facilities.

(1) Layout of storm sewer system.

(a) Inlet spacing shall not exceed 500 feet or a design inlet flow of 4.0 cubic feet per second for Type "B" inlet and 1.5 for Type "E" inlet spacing.

(b) Gutter flow across intersections will not be allowed; sufficient inlets will be placed to prevent flow across intersections. No swales or "dish" gutters will be permitted.

(c) Manholes shall be placed at all sewer junctions where inlets are not required and at minimum intervals of 500 feet in continuous drainage runs.

(2) Type of inlets. All street inlets shall be New Jersey Department of Transportation Standard Type "B"; all yard inlets shall be Standard Type "E" unless otherwise approved by the Borough Engineer. Casting heights on street inlets shall be two inches greater than the specified curb face, and the gutter shall be properly transitioned approximately 10 feet on either side of the inlet.

(3) Open channels.

(a) Open channels shall be designed to contain the required flow and shall have a design velocity low enough to prevent erosion unless lined as approved by the Borough Engineer. The minimum easement for open channels shall be the maximum design top width of the channel plus 25 feet rounded to the next highest five-foot increment. The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews; the minimum distance between the channel top edge and any easement line shall be five feet.

(b) Excess velocity in open channels must be controlled by linings of sod, riprap, paving, ditch checks or other suitable methods. Changes of direction in open channels must have a minimum radius of 500 feet or be adequately paved or riprapped.

(4) Minimum basis for calculations.

(a) Design storm frequency:

[1] For closed conduits: 15 years.

[2] For open channels: design standards to be in accordance with the Department of Environmental Protection's most recent standards (usually one-hundred-year frequency).[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).

[3] For culverts: one-hundred-year frequency for culverts passing stream flow.

(b) Runoff calculations. Runoff determinations should be made using the Rational Formula or, in unusual cases, other methods with the prior approval of the municipal agency. Upstream areas should be considered based on their full development potential according to current zoning or the current use, whichever is the most restrictive. Runoff coefficients used should generally fall in the following ranges:

	Classification - Fully Developed	Coefficient (c)
	Public parks, open space and land conservation	- 0.30
	Low-density residential	- 0.50
	Medium-density residential	- 0.50
	High-density residential	- 0.70
	Commercial and industrial	- 0.90
	Pavements, roadways and shoulders	1.00

(c) Velocity restrictions.

[1] In general, velocities in closed conduits at design flow should be at least two feet per second but not more than that velocity which will cause erosion damage to the conduit.

[2] In general, velocities in open channels at design flow shall not be less than 1/2 foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. Sufficient soil tests to determine the character of the channel shall be made by the subdivider and shall be made available to the municipal agency at the time of drainage review. New Jersey Soil Erosion and Sediment Control Regulations must be adhered to.

(d) Design formulas and friction factors.

[1] In general, the Manning Formula will be used by the municipal agency to review the adequacy of proposed drainage facilities. Other formulas may be used in particular cases with the previous agreement of the municipal agency.

[2] A friction factor ("n") of 0.013 will be used for nonporous concrete pipe type or shapes. A friction factor ("n") not less than 0.013 will be used for fully lined concrete channels, a factor not less than 0.03 will be used for good earth channels, and a factor not less than 0.100 will be used for fair to poor natural streams and watercourses. Commensurate factors will be used for other channel types.

(e) All drainage structures that come under the jurisdiction of the Department of Environmental Protection shall adhere to the regulations set forth in the State of New Jersey Department of Environmental Protection Ninety-Day Construction Permit Regulations, Docket No. 054-75-1, November 18, 1975, also any amendments, supplements and any other related legislation, etc.

(f) All nonpipe culverts shall be designed for AASHTO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.

(g) Guardrail and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The municipal agency may require that any open channel, other than naturally occurring streams, be fenced with a minimum of forty-eight-inch-high chain-link fencing if the banks of the channel are steeper than one foot vertically for every three feet horizontally and either the total depth of the channel exceeds four feet or the channel would be expected to have a depth of flow greater than three feet more often than once every 10 years. For maintenance purposes, gates may be required by the municipal agency at locations so designated.

(5) Stormwater detention systems.

(a) Typical types:

[1] Detention areas which may be depressions in parking areas, excavated basins, basins created through use of curbs, stabilized earth berms or dikes, or any other form of grading which serves to temporarily impound and store water;

[2] Rooftop storage through temporary impoundment and storage of stormwater on flat or slightly pitched building rooftops by use of drain outlets which restrict the stormwater runoff from the roof surface;

[3] Dry wells or leeching basins which control stormwater runoff through ground absorption and temporary storage;

[4] Porous asphaltic pavement, which preserves the natural ground absorption capacity of a site and provides a subsurface reservoir for temporary storage of stormwater;

[5] Any system of porous media, such as gravel trench drained by porous wall or perforated pipe, which temporarily stores and dissipates stormwater through ground absorption; and

[6] Any combination of the above-mentioned techniques which serve to limit stormwater runoff from a given site to what presently occurs there.

(b) Design of stormwater detention facilities.

[1] Stormwater detention facilities shall be designed to contain an amount equal to the increase in volume of runoff which would result from development of any site. The volume of runoff shall be computed on the basis of the total rainfall which produced the flood of record for the area involved and shall be equivalent to the rainfall excess, as previously defined. The total rainfall which produced the flood of record shall be determined from records of the United States Department of Commerce, National Weather Service.

[2] The rainfall excess shall be computed for each site using accepted, published runoff coefficients which reflect land use and topography. Acceptable runoff coefficients currently in practice include, but are not limited to, the following:

	Land Use Type		Runoff Coefficients
	Business
		Downtown areas	0.70 to 0.95
		Neighborhood areas	0.50 to 0.70
	Residential
		Single-family areas	0.30 to 0.50
		Multiunits, detached	0.40 to 0.60
		Multiunits, attached	0.60 to 0.75
	Residential (suburban)		0.25 to 0.40
	Apartment dwelling areas		0.50 to 0.70
	Industrial
		Light areas	0.50 to 0.80
		Heavy areas	0.60 to 0.90
	Parks, cemeteries		0.10 to 0.25
	Playgrounds		0.20 to 0.35
	Railroad yard areas		0.20 to 0.40
	Unimproved areas		0.10 to 0.30
	Surface Type
	Streets
		Asphaltic	0.70 to 0.95
		Concrete	0.80 to 0.95
		Brick	0.70 to 0.85
	Drives and walks		0.75 to 0.85
	Roofs		0.75 to 0.95
	Lawns, sandy soil
		Flat, 2%	0.05 to 0.10
		Average, 2% to 7%	0.10 to 0.15
		Steep, 7%	0.15 to 0.20
	Lawns, heavy soil:
		Flat, 2%	0.13 to 0.17
		Average; 2% to 7%	0.18 to 0.22
		Steep; 7%	0.25 to 0.35

The range of coefficients for each land use and surface type reflects differences in land slope, intensity of development, amount of impervious surface, and degree of ground saturation due to antecedent precipitation.

[3] The runoff coefficients shall be determined for each site for both existing and proposed conditions, and the difference in the two shall be used to compute the volume of rainfall excess for design of stormwater detention facilities. The volume for design is equal to the depth of the rainfall excess multiplied by the area of the site.

[4] In the case of detention facilities utilizing porous media for ground absorption, such as dry wells, porous pavement, or the like, the volume of the porous media shall be large enough to contain the total volume of rainfall excess within the voids. Ground absorption systems shall be used only where the infiltration rate of the receiving soil is acceptable as determined by percolation tests and soil borings, or as determined by the municipal Engineer. Provisions shall be made to contain overflow of such systems on site or to surface drain the overflow in such a way as not to adversely affect any other property.

[5] If detention facilities utilizing surface impoundment, such as detention basins or rooftop storage, are used, sufficient volume to fully contain the total volume of rainfall excess shall be provided. The outlets of such facilities shall be designed to limit the maximum discharge rate of stormwater runoff to what occurs at the site under existing conditions and shall discharge in such a way as not to adversely affect any other property. If rooftop storage is proposed, the weight of the impounded water on the roof shall be accounted for in the structural design of the building, and the roof shall be designed to provide maximum protection against leakage. If earth berms or dikes are used to create the impounding area, they shall be adequately stabilized and the slopes protected with vegetative cover, paving, or riprap to protect against failure or breaching.

[6] If a combination of different stormwater detention techniques is used, combined volume of the systems shall be large enough to fully contain the total volume of rainfall excess.

[7] Stormwater detention facilities shall be maintained regularly by the owner to ensure continual functioning of the systems at design capacity and to prevent the health hazards associated with debris buildup and stagnant water. In no case shall water be allowed to remain in any facility long enough to constitute a mosquito breeding, disease or any other type of health problem. If the land containing the stormwater detention facility or facilities is dedicated to the municipality, then the municipality shall be responsible for maintenance.

[8] Detention and sediment and erosion control facilities shall be designed in conformance with the Standards for Soil Erosion and Sediment Control in New Jersey of the New Jersey State Soil Conservation District, except where the municipal Engineer has determined that conditions peculiar to a certain site warrant exception.

[9] Sediment and erosion control measures shall be installed prior to any other site development, shall apply to all aspects of the proposed development, and shall be in operation during all stages of development. Increased runoff and sediment resulting from modified soil and surface conditions caused by the proposed development shall be minimized and, where possible, retained on site.

G. Conservation, erosion and sediment control shall as a minimum meet the standards, specifications and recommendations of the Freehold Soil Conservation District and the Borough of South Plainfield. 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) Until the disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods.

(10) 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.

(11) 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.

(12) It is the responsibility of any person doing any act on or across a communal stream, watercourse or swale or upon the floodway or right-of-way thereof to maintain as nearly as possible in its present state the stream, watercourse, swale, floodway 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.

(13) Maintenance of drainage facilities of 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.

(14) 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 of South Plainfield and the New Jersey Department of Environmental Protection or other authority having jurisdiction.[6]

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).

(15) 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.

(16) Each person who makes any surface changes shall be required to:

(a) Collect on site any surface runoff and dispose of it into the common natural watercourse of the drainage area.

(b) Handle existing off-site runoff through his development by designing the stormwater system to adequately handle storm runoff from a fully developed area upstream.

H. Fire hydrants. Fire hydrants and sprinkler connections shall be installed at all locations required by the Fire Department and Borough Engineer. They shall be of the traffic-model type approved by the Borough Engineer and shall be installed not more than 500 feet apart. Such installations shall be subject to the inspection and approval of the Borough Engineer.

§ 515-54 Off-tract improvements.

A. Final approval prerequisites. Prior to the granting of final approval of any subdivision or site plan, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. The off-tract improvements for which the developer must contribute shall be based on the Circulation Plan and the Utility Service Plan Elements of the Master Plan. The developer shall either install the improvements or contribute his pro rata share of the costs, at the option of the developer. If the developer installs the improvements, he shall be compensated for all but his pro rata share of the cost of said improvements.

B. The developer shall pay the full cost of all off-tract improvements required by the municipal agency if such off-tract improvements are necessitated by the proposed development and said improvements do not specifically benefit any land other than the land within the subdivision or site plan.

C. The developer shall provide for payment of its pro rata share, allocated in conformance with the standards set out in Subsections E and F below, of all off-tract improvements required by the municipal agency if such improvements are wholly or partially necessitated by the proposed development and said improvements also benefit lands other than those within the subdivision or site plan.

D. In the event the municipal agency shall determine that off-tract improvements are required in connection with any subdivision or site plan, then, prior to granting final approval:

(1) The municipal agency shall report to the Borough Council:

(a) The location, character and extent of the required off-tract improvements;

(b) The Borough Engineer's estimate of the total cost of such off-tract improvements; and

(c) The proposed allocation of said total cost determined in accordance with the standards set forth in Subsections E and F.

(2) The Borough Council shall determine and report to the municipal agency whether and by what date the off-tract improvements will be constructed by the Borough of South Plainfield as a general improvement or as a local improvement, or as a combination thereof, or whether the developer, at his option, may construct the required off-tract improvements and be reimbursed pursuant to a formula specified by the Borough Council if the improvement specifically benefits property other than that within the subdivision or site plan.

(3) The municipal authority shall require, as a condition of final approval of the subdivision plat or site plan, that:

(a) If the improvement is to be constructed by the Borough of South Plainfield as a general improvement, the developer shall deposit with the Borough Treasurer an amount equal to the difference, if any, between the estimated cost of the improvement and the estimated total amount by which all properties, including the subdivision or site plan to be serviced by the improvement, will be specially benefitted by the improvement; or

(b) If the improvement is to be constructed by the Borough of South Plainfield as a local improvement, the developer shall deposit with the Borough Treasurer, in addition to the amount specified in Subsection D(3)(a) above, the estimated amount by which the subdivision or site plan will be specially benefitted by the improvement.

E. In determining the allocation of costs for off-tract improvements between the developer, other property owners and the Borough of South Plainfield, the municipal agency shall be guided by the following factors:

(1) The total estimated cost of off-tract improvement;

(2) The increase in market values of the properties affected and any other benefits conferred;

(3) The needs created by the application;

(4) Population and land use projections for subdivision or site plan and other areas to be served by the off-tract improvements;

(5) The estimated time for construction of the off-tract improvements; and

(6) The condition and periods of usefulness of the improvements which may be based upon the criteria of N.J.S.A. 40A:2-22.

F. Without limiting the generality of the foregoing, the municipal agency may take into account the following specific factors:

(1) With respect to street, curb, gutter, sidewalk, streetlight, street sign and traffic light improvements, the municipal agency may consider:

(a) Traffic counts;

(b) Existing and projected traffic patterns;

(c) Quality of roads and sidewalks in the area; and

(d) Such other factors as it may deem relevant to the needs created by the proposed development.

(2) With respect to drainage facilities, the municipal agency may consider:

(a) The relationship between the areas of the subdivision or site plan and the area of the total drainage basin of which the subdivision or site plan is a part;

(b) The proposed use of land within the subdivision or site plan and the amount of land area to be covered by impervious surfaces on the land within the subdivision or site plan; and

(c) The use, condition or status of the remaining land area in the drainage basin.

(3) With respect to water supply and distribution facilities, the municipal agency may consider the use requirements of the use proposed for the subdivision or site plan and the use requirements of all other properties to be benefitted by the improvements.

(4) With respect to sewerage facilities, the municipal agency may consider:

(a) The anticipated volume of effluent from the use proposed for the subdivision or site plan and the anticipated volume of effluent from all other properties to be benefitted by the improvements; and

(b) The types of effluent anticipated and particular problems requiring special equipment or added costs.

G. Any money received by the Borough Treasurer for off-tract improvements to be constructed or installed by the Borough of South Plainfield pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the Borough of South Plainfield is responsible has not commenced within five years from the date of deposit, the amount deposited, together with any interest thereon, shall be returned to the developer or his successor in interest.

H. Upon completion of any improvement constructed by the Borough of South Plainfield as a general or local improvement, the total cost of such improvement shall be determined by the ordinance providing for such improvements. The difference between the actual cost as so determined and the estimated cost shall be computed. The developer or his successor in interest shall make remittance to the Borough of South Plainfield if the actual cost exceeds the estimated cost or shall receive a refund from the funds deposited with the Borough of South Plainfield if the estimated cost exceeds the actual cost, in an amount which bears the same relationship to the difference between the actual and estimated costs as the amount deposited by the developer for his proportionate share of the estimated cost bears to the total estimated cost. Any sum payable by the developer or his successor in interest may be levied and collected by the Borough of South Plainfield in the same manner as is provided by law for the levy and collection of real estate taxes.

I. In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed that the fee owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made pursuant to Subsections G and H of this section are the lawful successors in interest to the developer, and each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, of any funds to be returned or additional charge to be made pursuant to this section. Upon payment of any such sums to said fee owners, the Borough of South Plainfield shall be released of liability to any other person.

§ 515-55 Variation of minimum requirements.

The rules, regulations and standards contained in this article shall be considered the minimum requirements for the protection of public health, safety and welfare of the citizens of the Borough. Any action taken by the municipal agency under the terms of this article shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the developer or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the municipal agency may permit such variations or modifications as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this article.

§ 515-56 Violations and penalties.

If before final approval for a subdivision has been granted any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

§ 515-57 Civil remedies.

In addition to the penalty set forth in § 515-56 above, the Borough may institute and maintain a civil action:

A. For injunctive relief; and

B. To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Section 44 of the Municipal Land Use Law (N.J.S.A. 40:55D-56).

§ 515-58 Lien.

In any such action taken pursuant to § 515-56, 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 developer or his assigns or successors to secure the return of any deposits 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.

§ 515-59 Subdivision checklist.

See Appendix A.[1]

[1] Editor's Note: Checklists are available at the Planning/Zoning Board office.