Township of Edison, NJ
Middlesex County
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Table of Contents
Table of Contents
[1999 Code § 16.04.010]
This chapter may be cited and referred to as the Land Subdivision and Site Plan Regulations of the Township of Edison.
[1999 Code § 16.04.020]
This chapter is enacted pursuant to the authority granted by Chapter 291 of the Laws of 1975, commonly cited and referred to as the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[1999 Code § 16.04.030]
The purpose of this chapter is to provide rules, regulations and standards to guide land subdivision and site planning in the Township; to promote the public health, safety, morals and general welfare; to ensure adequate and suitable streets, water supply, drainage, sewerage facilities and other necessary utilities, public area and open space, protection from flooding and conservation of soils; and to promote desirable visual environment and harmonious arrangement of structures and other improvements.
[1999 Code § 16.04.040]
For the purposes of this chapter, unless the context clearly indicates a different meaning, all definitions set forth in Chapter 37, Zoning, and Chapter 39, Land Use, are incorporated in full by reference herein.
[1999 Code § 16.08.010]
a. 
Any development application classified as a major subdivision, major site plan, planned residential development and the urban renewal district (UR Zone) of Edison Township shall be accompanied by the following:
1. 
A fiscal impact statement describing the anticipated demand on municipal and school district services, including a projection of tax revenues generated and costs incurred to the Township and the school district following completion of development. The fiscal impact statement shall include, but not be limited to, the following:
(a) 
Population Determinant — estimates of the number of school age children and senior citizens based upon housing type as well as number of bedrooms.
(b) 
Cost of providing municipal and school services to the new development.
(c) 
Projections of the potential revenues to be produced by the project including property tax, development fees, building fees and sewer connection fees.
(d) 
Comparisons and conclusions based upon revenue and costs.
2. 
A staging plan setting forth the sequence of development. The staging plan shall address all of the following:
(a) 
Creation of self-contained development phases ensuring the proper completion of roads, utilities, etc., if any phase of the development plan is subsequently abandoned;
(b) 
Establishment of a sequence of use development if applicable within the overall plan to ensure the integrity of the plan;
(c) 
The submission of adequate guaranties to ensure completion of improvements located beyond the boundaries of individual stages of the development but necessary to provide for proper development in accord with paragraph a1 above.
b. 
The Planning Board if approving the development application shall set forth any requirements for timing of development among the various types of uses and subgroups thereunder of all classes of development applications cited above and whether some nonresidential uses are required to be built before, after or at the same time as the residential uses.
[1999 Code § 16.08.020]
a. 
In accordance with N.J.S.A. 40:55D-7, the following class of subdivisions are exempt from the requirements of local municipal approval as established by law:
1. 
Divisions of land found by the Planning Board or subdivision committee thereof appointed by the chair to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size;
2. 
Divisions of property by testamentary or intestate provisions;
3. 
Divisions of property upon court order;
4. 
Conveyances so as to combine existing lots by deed or other instrument.
b. 
In all cases involving such exempted divisions, the Planning Board chair and the Township Clerk shall certify the exemption on the plat, deed or instrument to be filed with the County Recording Officer.
[1999 Code § 16.08.030]
In the performance of review and action upon any development application, the Planning Board or Board of Adjustment, as the case may be, may waive requirements for plat preparation and standard improvement specifications for any site plan or subdivision application based upon the particular conditions or factors associated with the tract of land, whether such conditions are natural or man-made. Such waiver of requirements shall not apply to fees, performance or maintenance guaranties, inspections or any development regulation set forth in the zoning ordinance.
[1999 Code § 16.08.040]
If, before final approval has been obtained on a subdivision plan, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of the subdivision, such person shall be subject to a fine not to exceed one thousand ($1,000.00) dollars; and each parcel, plot or lot so disposed of shall be deemed a separate violation. In addition, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet the requirements for a building permit under Section 3 of the Official Map and Building Permit Act (1963), as amended and supplemented, the Township Council may institute and maintain a civil action for injunctive relief and/or to set aside and invalidate any conveyance made pursuant to such contract or sale. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his or her assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title-closing expense, if any. Such action by the Township shall not be taken except within two (2) years of the date of the recording of the instrument of transfer, or within six (6) years of application for a permit to build on the land or application for a certificate of approval of the subdivision of which the land is a part, if the instrument of transfer was not recorded.
[1999 Code § 16.12.010]
a. 
Sketch Subdivision. An applicant shall file with the administrative official, at least three (3) weeks prior to the date of a regular meeting of the board, the following documents:
1. 
Six (6) completed copies of the Township subdivision application form. The form shall be obtained from the Planning Board secretary;
2. 
Four (4) copies of any protective covenants, deed restrictions or easements, either presently affecting the property or proposed in the subdivision, such as a conservation, drainage or utility right-of-way or a sight triangle;
3. 
Ten (10) folded copies of the plat of the proposed subdivision. A mylar copy shall be submitted upon approval;
4. 
A certification from the Township Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which the subdivision application is made. This certification shall be required prior to declaration of a completed application by the Board.
b. 
The applicant shall have the right, before submitting a formal application hereunder, to request and obtain an informal conference before the Planning Board.
[1999 Code § 16.12.020]
The applicant shall submit to the administrative official, at the time of submission of an application for subdivision, payment of the application and review fees as set forth in subsection 39-8.9.
[1999 Code § 16.12.030]
The applicant shall file the application and all supporting documentation to the County Planning Board for review and action. The applicant shall certify to the administrative official that such submission has been properly made and the date of submission to the County Planning Board.
[1999 Code § 16.12.030]
Whenever the Board shall grant approval to an application classified as a minor subdivision subject to conditions, a notation shall be made on the plat or deed indicating that the approval of the subdivision is subject to conditions as set forth in the resolution of the Planning Board.
[1999 Code § 16.12.040]
Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision, is filed by the applicant with the County Clerk, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the chair and the secretary of the Planning Board.
[1999 Code § 16.16.010]
a. 
Submissions for Preliminary Major Subdivision. An applicant shall file with the administrative official, at least three (3) weeks prior to the date of a regular meeting of the Board, the following documents:
1. 
Six (6) completed copies of the major subdivision application form;
2. 
Four (4) copies of any protective covenants, deed restrictions or easements, either presently affecting the property or proposed in the subdivision, such as a conservation, drainage or utility right-of-way or a sight triangle;
3. 
(a) 
Fourteen (14) folded copies of the preliminary plat of the proposed major subdivision.
(b) 
A compact disc containing an electronic copy of the preliminary plat of the proposed major subdivision in PDF format.
(c) 
A mylar copy shall be submitted upon preliminary approval.
4. 
A certification from the Township Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which the subdivision application is made. This certification shall be required prior to declaration of a completed application by the Board.
b. 
The applicant shall have the right, before submitting a formal application hereunder, to request and obtain an informal conference before the Planning Board.
c. 
Application and Review Fees. The applicant shall submit to the administrative official, at the time of submission of an application for a major subdivision, payment of the application and review fees as set forth in subsection 39-8.9.
d. 
County Planning Board Review. The applicant, where required, pursuant to N.J.S.A. 40:27-6.3, shall make application to the County Planning Board.
e. 
Public Notice. The applicant shall give notice of the application at least ten (10) days prior to the date of the hearing on the application. Public notice shall be accomplished in accordance with applicable sections of Chapter 39, Land Use. No applicant shall advertise for a public hearing until the Township administrative officer declares the application complete.
[1999 Code § 16.16.020]
a. 
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards for plat submission, the conditions of preliminary approval and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
b. 
Final approval shall be granted or denied within forty-five (45) days after submission of a complete application or within such further time as may be consented to in writing by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Township Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Clerk for purposes of filing subdivision plats.
c. 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Township Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
d. 
Whenever the Planning Board shall grant approval subject to conditions, a notation shall be made on the plat indicating that the approval of the subdivision is subject to conditions as set forth in the minutes of the Planning Board.
e. 
The applicant shall submit to the administrative officer, at the time of submission of the application for final approval of a major subdivision, payment of such fee as established in subsection 39-8.9.
f. 
At the time of filing, nine (9) folded copies of application and plans shall be submitted. The plan shall comply with requirements of preliminary plat submission (subsection 36-7.1). If final major subdivision is granted, the applicant shall file two (2) cloth copies and two (2) mylar copies of the final plan incorporating all conditions of approval, revisions, etc., as applicable.
[1999 Code § 16.16.030]
a. 
The zoning requirements and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval, provided that the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time provided by law.
b. 
For major subdivisions only, if the applicant has followed the standards prescribed by law, the Planning Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
c. 
Recording of Final Approval of Major Subdivision. Final approval of a major subdivision shall expire ninety-five (95) days from the date of the signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Clerk. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of the signing of the plat.
d. 
Selling Before Approval; Penalty; Suit by Township.
1. 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required by this chapter, such person shall be liable, in addition to any statutory penalty, for suit by the Township:
(a) 
For injunctive relief; and
(b) 
To set aside and invalidate any conveyance made pursuant to such a contract of sale.
2. 
In any such action, the transferee, purchaser or grantee shall be entitled to the statutory lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his or her assigns or successors, to secure the return of any deposits made or purchase price paid and also to a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded.
[1999 Code § 16.20.010]
a. 
Site Plan Exemption. No site plan approval shall be required prior to issuance of a building permit or change of occupancy permit for any one (1) of the following:
1. 
Interior alterations;
2. 
Exterior building facades, windows and roofing;
3. 
Single-family and two-family dwellings.
b. 
Small Additions and Changes.
1. 
No site plan approval shall be required if the following three (3) criteria exist:
(a) 
The proposed addition is less than ten (10%) percent of the existing gross floor area or one thousand (1,000) square feet of floor area of the building(s) on the lot, whichever the lesser;
(b) 
No more than ten (10) new parking spaces are required for the addition or an increase of ten (10%) percent of the existing number of spaces, whichever the lesser;
(c) 
A change of occupancy and/or a change of use, other than a conditional use as set forth in the zoning ordinance; provided, that the existing building and new use comply with all of the above and the structure and lot comply with all of the zoning district regulations, inclusive of parking, buffer areas and location and size of signs for a change of use and/or change of occupancy, and a written report from the site plan committee that adequate landscaping exists or is proposed.
2. 
Prior to issuance of a building permit for a small addition or change, the Building Subcode Official shall obtain an opinion in writing from the Township Engineer that improvements will have no effect upon drainage and from the Zoning Officer that the improvement complies with all zoning ordinance standards. No more than one (1) grant of exemption shall be given to any site.
3. 
The Construction Official shall submit a report to the Planning Board each month of all permits issued for development classified as small additions and changes.
4. 
For a change of occupancy permit, the Planning Board committee, for a change of occupancy, shall submit a report to the Board each month of all permits issued.
[1999 Code § 16.20.020]
a. 
Site Plan Application. An applicant shall file with the administrative official, at least three (3) weeks prior to the date of a regular meeting of the board, the following documents:
1. 
Six (6) completed copies of the Township site plan application form;
2. 
Four (4) copies of any protective covenants, deed restrictions or easements presently affecting the property;
3. 
(a) 
Fourteen (14) folded copies of the preliminary plat of the proposed site plan.
(b) 
A compact disc containing an electronic copy of the preliminary plat of the proposed site plan in PDF format.
(c) 
A mylar copy shall be submitted upon preliminary approval.
4. 
A certification from the Township Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which the site plan application is made. No application shall be declared complete until certification that taxes are paid.
b. 
The applicant shall have the right, before submitting a formal application hereunder, to request and obtain an informal conference before the Planning Board.
c. 
Application and Review Fees. The applicant shall submit to the administrative official, at the time of submission of an application for site plan approval, payment of the application and review fees as set forth in subsection 39-8.9.
d. 
County Planning Board. The applicant shall make application to the County Planning Board for site plan review and action.
e. 
Whenever the Planning Board shall grant approval subject to conditions, a notation shall be made on the plat indicating that the approval of the site plan is subject to conditions as set forth in the minutes of the Planning Board.
f. 
The applicant shall not proceed with installation of the required improvements until a performance guaranty is posted therefor, and no building permit shall be issued until trial approval is granted, except to permit site improvements limited to site grading, drainage facility, sewer facility and water facility installation, and the issuance of permits in connection therewith.
g. 
Effect of Preliminary Approval. Preliminary approval of a site plan shall have the same effect as granted to a major preliminary subdivision.
h. 
Public Notice. If a public hearing is required pursuant to Chapter 39, Land Use, notice shall be given by the applicant as prescribed in subsection 36-7.1e.
[1999 Code § 16.20.030]
a. 
The Planning Board shall grant final approval if the detailed drawings and specifications of the application for final approval conform to the standards established by subsection 36-11.1 and the conditions of preliminary approval.
b. 
Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the administrative official or within such further time as may be consented to in writing by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Township Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsements or other evidence of approval herein required.
c. 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.6, the Township Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
d. 
Whenever the Planning Board shall grant approval subject to conditions, a notation shall be made on the plat indicating that the approval of the site plan is subject to conditions as set forth in the minutes of the Planning Board.
e. 
The applicant shall submit to the administrative official, at the time of submission of the application for final approval, payment of such fee as is established in Chapter 39, Land Use.
[1999 Code § 16.24.010]
a. 
All minor and final major subdivision plans submitted to the Township shall be drawn by a professional land surveyor licensed in the State of New Jersey and shall contain his or her signature, seal and license number. The map shall be prepared on a scale of not more than fifty (50) feet to the inch and it shall be accurate to a precision of one (1) in ten thousand (10,000). It shall show all lot lines, distances, bearings and easements encumbering the same.
b. 
This requirement may be waived by the Township for minor subdivisions, provided that the application is accompanied by a survey prepared, signed and sealed by a licensed land surveyor and dated within one (1) year of the date of application.
[1999 Code § 16.24.020]
No plat shall be accepted for consideration unless it fully conforms to the requirements of this chapter as to form, content and accompanying information and is one (1) of the following standard sizes: eight and one-half by fourteen (8 1/2 x 14) inches, twenty-four by thirty-six (24 x 36) inches or twelve by eighteen (12 x 18) inches as measured from cutting edges. All prints shall be folded, with the nameplate on the outside, to a size not to exceed eight and one-half by fourteen (8 1/2 x 14) inches.
[1999 Code § 16.24.030]
The sketch plat for either a minor or major subdivision shall be based on tax map information or some other similarly accurate base, shall be at such scale (preferably not more than one hundred (100) feet to the inch) that the entire tract which in whole or in part comprises the land to be subdivided can be shown on one (1) sheet and shall show or include the following information:
a. 
A key map showing the location of the tract to be subdivided with reference to surrounding areas and existing street intersections;
b. 
The location of the tract to be subdivided in relation to any larger tract of which it is a part;
c. 
Names and addresses of the owner and subdivider, names of the owners of all contiguous land as shown by the most recent municipal tax records and the name and license number of the person(s) preparing the plan;
d. 
Existing and proposed elevations based on United States Geological Survey system to show the natural slope and drainage of the land and high and low points;
e. 
All existing streets and streams within the proposed subdivision and, for subdivisions of four (4) or more lots, within five hundred (500) feet of the boundaries thereof. All plans shall show existing and, if applicable, proposed improvements (curbs, gutters, pavements, water and sewer lines, etc.) within all adjacent streets;
f. 
The location, size and use of existing buildings, the boundaries and nature of wooded areas and the location of extensive rock formations within the proposed subdivision and within two hundred (200) feet of the boundaries thereof. All plans shall state the existing and proposed use of land;
g. 
The layout of the proposed subdivision. In the case of a minor subdivision, all proposed lot lines shall be dimensioned to the nearest tenth of a foot and bearing of all lines shown;
h. 
For minor subdivisions only, the general system of drainage of the subdivision and of any larger tract of which it is a part, together with full information as to the final disposal of surface drainage;
i. 
The tax sheet, block and lot numbers;
j. 
Date, north point and scale.
[1999 Code § 16.24.040]
The preliminary plat shall be clearly and legibly drawn at a scale of not less than one (1) inch equals one hundred (100) feet. It shall be designed and drawn by an engineer licensed in the State of New Jersey. All engineering drawings or elements of the plat requiring professional engineering expertise shall be signed and sealed by a New Jersey licensed professional engineer. The plat shall show or be accompanied by the following information:
a. 
A key map showing the entire subdivision and its relation to all areas within one thousand (1,000) feet of the site;
b. 
A title containing the tract name, Tax Map sheet, block and lot number, date, north point, written and graphic scales, and the names and addresses of the owner, subdivider and the person who prepared the map;
c. 
The acreage of tract to be subdivided to nearest tenth of an acre;
d. 
A map showing two-foot contour lines over the entire area of the proposed subdivision. A map shall also show the natural flow of surface drainage, together with watercourses and an indication of the final disposal of surface waters. Elevations shall refer to the United States Geological Survey system. Further, the plat shall show the first-floor elevation, building corner elevations and finished grade at each lot corner;
e. 
The locations and dimensions of existing streets, watercourses, railroad rights-of-way, bridges, culverts, drainpipes and natural features such as wooded areas, lakes, ponds and extensive rock formations;
f. 
All streets, both existing and planned (so far as the latter can be ascertained) within a distance of five hundred (500) feet of the boundaries of the subdivision, showing any connections from the proposed streets in the subdivision thereto and to nearby arterial and collector streets;
g. 
The locations and widths of proposed streets, easements and rights-of-way in the subdivision and the required yard areas for all proposed lots;
h. 
All proposed lot lines, with the accurate dimensions thereof, and the areas of all lots greater than one-half (1/2) acre in area shown to within one one-hundredth (1/100) of an acre;
i. 
All parcels proposed for either general or limited public use, such as parks, playgrounds, building sites and the like, with their respective areas to within one one-hundredth (1/100) of an acre, and a statement of the purpose of each;
j. 
Cross sections, center-line profiles and tentative grades of all proposed streets based on the vertical datum specified by the Township Engineer, together with full information as to the final disposal of surface drainage. A drainage study using the rational method shall accompany the application;
k. 
Plans of proposed utility layouts (sewers, storm drains, water, gas, electricity) showing feasible connections to any existing or proposed utility systems;
l. 
A copy of any existing or proposed protective covenants or other deed restrictions applying to the land being subdivided;
m. 
Tract boundary lines; exterior lines of streets, easements and other rights-of-way; street names; land reserved or dedicated to public use; center-line or road data, with accurate dimensions, bearings or deflection angles and radii and central angles of all curves. All dimensions, both linear and angular, of the exterior boundaries of the subdivision shall balance and close within the limit of error of one (1) to ten thousand (10,000).
[1999 Code § 16.24.050]
The final plat shall be drawn in waterproof India ink upon mylar or equivalent of good quality at a scale of not less than one (1) inch equals one hundred (100) feet and in compliance with all the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. The final plat shall show, be accompanied by or conform to the following:
a. 
A title containing the tract name, the general location of the subdivision, Tax Map sheet, block and lot number, date, north point, written and graphic scales, acreage of the tract being subdivided, and the names and addresses of the owner, the subdivider and the person who made the map;
b. 
Certification by a land surveyor authorized to practice in the State of New Jersey as to the accuracy of the details of the plat;
c. 
Certification that the applicant is the agent or owner of the land, or that the owner has given consent under an option agreement;
d. 
Tract boundary lines; exterior lines of streets, easements and other rights-of-way; street names; land reserved or dedicated to public use; all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves. All dimensions, both linear and angular, of the exterior boundaries of the subdivision shall balance and close within the limit of error of one (1) to ten thousand (10,000), and of all lot lines to within one (1) to ten thousand (10,000);
e. 
The purposes of all easements and rights-of-way and of all land reserved for or dedicated to public use, and the proposed use of lots other than residential;
f. 
Block numbers and lot numbers in accordance with established standards and in conformity with the Township Tax Maps;
g. 
The names, exact locations and widths along the property lines of all existing or recorded streets intersecting the tract boundaries or lying within two hundred (200) feet thereof; the delineation, names and block and lot numbers of all bordering subdivisions; the names of the owners of all bordering unsubdivided acreage;
h. 
As-built mylars showing cross sections, profiles and established grades of streets, approved by the Township Engineer;
i. 
As-built drawings, plans and profiles of all storm and sanitary sewers and water mains, approved by the Township Engineer;
j. 
The location and description of all monuments;
k. 
A certificate of approval by all other bodies of which approval is required by law, including but not limited to the Soils Conservation District, the New Jersey Department of Environmental Protection, the Township Health Department, etc.;
l. 
A certificate by the Tax Collector that all taxes levied against the land subdivided have been paid to date.
[1999 Code § 16.24.060]
Except for small additions or changes, twelve (12) folded copies of the plat and six (6) copies of the application shall be filed, size twenty-four by thirty-six (24 x 36) inches. All site plans shall comply with the requirements hereinafter set forth and shall contain the following information and date if applicable:
a. 
The date of the site plan. All revisions shall be noted and dated;
b. 
A key map showing the location of the tract with reference to surrounding areas and existing street intersections;
c. 
The title of the development, north point, scale, block and lot number, name and address of record owner and name, address, license number and seal of the person preparing the site development plan;
d. 
The location of all existing and proposed signs;
e. 
A scale of not more than fifty (50) feet to the inch. All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest ten (10) seconds. The error of closure shall not exceed one (1) to ten thousand (10,000);
f. 
The names of all owners of record within two hundred (200) feet and the block and parcel number of the property;
g. 
Zone boundaries shall be shown on the site plan as they affect the parcel;
h. 
Boundaries of the property, building or setback lines and lines of existing streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way;
i. 
A copy of any covenants, deed restrictions or exceptions that are intended to cover all or any part of the tract;
j. 
All distances as measured along the center lines of existing streets abutting the property to the nearest intersection with any other public street;
k. 
The location of existing buildings which shall remain and all other structures such as walls, fences, culverts, bridges, roadways, etc., with spot elevations of such structures. Structures to be removed shall be indicated by dashed lines;
l. 
The location of all storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, inverts, grades and direction of flow; and if any existing utility lines are underground, the estimated location of the already underground utility lines shall be shown;
m. 
Existing contours with intervals of two (2) feet referred to United States Coast and Geodetic Survey datum and to be indicated by a dashed line. Where any changes in contours are proposed, finished grades should be shown as solid lines;
n. 
The location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas, single trees not in wooded areas with a diameter of twelve (12) inches or more as measured three (3) feet above the base of the trunk, and other significant existing features, including previous flood elevations of watercourses, ponds and marsh areas as determined by survey. When and where applicable, the plan shall delineate the flood hazard boundaries;
o. 
A survey prepared by a licensed surveyor of the State of New Jersey shall accompany the site plan and shall show the boundaries of the parcel and the limits of all proposed streets, recreation areas and other property to be dedicated to public use. The site plan shall be accompanied by an architectural rendering and building elevation plans;
p. 
All proposed easements and public and community areas; all proposed streets with profiles indicating grading; and cross sections showing the width of the roadway, the location and width of the sidewalk and the location and size of utility lines, according to the standards and specifications of the Township;
q. 
The proposed use(s) of land and buildings and proposed location of buildings, including proposed grades. No site plan shall show future buildings if the applicant does not intend to apply for a building permit upon approval of the site plan. However, a site plan application may be accompanied by an overall development plan for purposes of information. Plans shall be accompanied by elevations;
r. 
All means of vehicular access for ingress and egress to and from the site onto public streets showing the size and location of driveways and curb cuts including the possible utilization of traffic channels, channelization, acceleration and deceleration lanes, additional width and any other device necessary to prevent a difficult traffic situation. The plan shall also show walkways;
s. 
The location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers;
t. 
The location of all proposed waterlines, valves and hydrants and all sewer lines or alternative means of water supply or sewage disposal and treatment in conformance with the applicable standards of the Township and for the appropriate utility company;
u. 
The proposed location, direction or illumination, power and time of proposed outdoor lighting;
v. 
The proposed screening and landscaping, including a planting plan which identifies the type, size and quantity of plantings. All site plans shall be accompanied by a landscaping plan;
w. 
The proposed stormwater drainage system is to conform with design standards set forth hereinafter. All site plans shall be accompanied by a plan sketch showing all existing drainage within five hundred (500) feet of any boundary, and all areas such as paved areas, grassed areas, wooded areas and any other surface area contributing to the calculations should show methods used in the determination;
x. 
The method of providing garbage collection is to be indicated and screening to be provided about all dumpsters.
[1999 Code § 16.24.070]
a. 
One (1) mylar or equivalent copy, twelve (12) folded black-on-white prints and three (3) copies of the application form for final approval shall be submitted at least three (3) weeks prior to the date of the regular Board meeting. Unless the preliminary site plan is approved without changes, the final plat shall have incorporated all changes or modifications by the Board. The plan shall be drawn in accordance with subsection 36-9.6, and, further, as-built drawings of all site improvements to be dedicated to the Township shall accompany the final site plan submission.
b. 
The final site plan shall be accompanied by a statement by the Township Engineer that he or she is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed and that the developer has complied with one (1) or both of the following:
1. 
Installation of all improvements in accordance with requirements of this chapter;
2. 
A performance guaranty in sufficient amount to assure the completion of all required improvements which are proposed to be dedicated to the Township for maintenance.
c. 
Utilities Approval Notice Required. In approving the final site plan, the Board shall condition such approval upon a notice of approval of plans for water and sewerage installation from the Township and approval notices from the Health Department.
d. 
Performance Guaranty. In approving the final site plan, the Planning Board shall require that the applicant first furnish a performance guaranty to be approved by the Board for the purpose of guaranteeing the completion of the items as set forth in the site plan which will affect the public interest, such as but not limited to drainage, streets (both public and private), public recreational areas, shade trees and parking lots where same are open to the general public or serve multifamily dwellings. The provisions of this subsection not withstanding, in approving a site plan for a commercial or industrial structure which is located within a designated "area in need of rehabilitation or development" in accordance with this Code and which is subject to a tax abatement agreement with the Township as authorized by this Code and N.J.S.A. 40A:21-1, et seq. "The Five Year Exemption and Abatement Law," the Municipal Council may require that the performance guarantees required by this section be provided at the time of the issuance of a certificate of occupancy and only for those on-site improvements not completed. This subsection shall not apply to any other performance guarantees or any required for off-site improvements.
e. 
Approval Requirements. Planning Board approval of the site plan shall be granted in the event that the site plan complies with the following standards and regulations:
1. 
The applicant has submitted a site plan containing all of the information and data as provided for in this section.
2. 
The details of the site plan are in accord with the standards of this section and of all ordinances of the Township, including the Master Plan as may be in existence at the time of the application.
3. 
All parking and traffic problems shall be reasonably resolved.
4. 
Adequate provisions are made so as to prevent any drainage problems.
5. 
Reasonable screening at all seasons of the year of all playgrounds, parking and service areas from the view of adjacent properties and streets shall be provided where necessary for the purpose of protecting the health, safety, general welfare, comfort and convenience of the public.
6. 
The location, power, direction and time of any outdoor lighting will not have an adverse effect upon any properties in adjoining residential districts by impairing the established character or the potential use of properties in such districts.
7. 
The details of the site plan for the authorized use will be such that the operation will not be detrimental to the public interest.
f. 
After approval, a mylar or linen copy shall be submitted for signature and file, to be of a size of no more than twenty-four by thirty-six (24 x 36) inches, and all information appearing thereon shall be in black India ink. Additional prints as required shall also be submitted after approval.
g. 
Conditions of Approval. After Planning Board approval of a final site development plan, the plan shall not be subject to change except for minor engineering changes approved by the Township Engineer. Any change in site design subsequent to approval shall be regarded as a separate plan, and site development plans showing the proposed new design shall be submitted under the requirements of this section and shall be separately approved under the provisions set forth herein.
[1999 Code § 16.28.010]
a. 
Except as provided hereinafter, the developer shall install the following improvements prior to issuance of a certificate of occupancy: street grading and pavement or other surfacing; gutters, curbs and sidewalks; shade trees; streetlighting; street signs; water mains, culverts, storm sewers, sanitary sewers or dry sewers, or other means of sewage disposal, drainage structures, and all appurtenances to such facilities properly connected with approved systems of water supplies, sewage, and stormwater drainage, as the case may be.
b. 
Such requirements shall take account of the characteristics of potential development of various parts of the Township as reflected in the comprehensive land use plan embodied in the zoning ordinance, with a view to providing safe, convenient and pleasant means for the movement of traffic appropriate to the streets of the various classes defined in this title and protecting the public health, safety, comfort and convenience by provision for the proper distribution of water and for adequate sewage and stormwater drainage in a manner appropriate to the existing and prospective type and intensity of development in various parts of the Township and in arrangements that will not impose unnecessary financial burdens on property owners or add to the normal costs of operation of the government of the Township.
c. 
The standards in this chapter shall be deemed to be in the minimum standards necessary for any particular development.
d. 
All improvements shall be installed in accordance with the specifications contained in this chapter and the adopted standard specifications and details of the Department of Engineering and Planning.
e. 
In a major subdivision for which the use of land is restricted by zoning to nonresidential uses, a certificate of occupancy permit may be issued prior to completion of all on-site improvements, provided that adequate posting of performance guaranties is given. No final certificate of occupancy for residential and nonresidential buildings shall be issued until all improvements have been completed and for which a performance guaranty is posted.
[1999 Code § 16.28.020]
a. 
Where the need for off-tract improvements is in whole or in part made necessary by the application of the developer and the installation of the improvements would confer a benefit upon the development, a determination of the contribution of the developer for said off-tract improvements shall be made in accordance with the provisions as hereinafter set forth, and the performance of the work or the posting of adequate performance guaranties to ensure installation of the required off-tract improvements shall be made by the developer.
b. 
Where the Planning Board has determined the necessity of an off-tract improvement, it shall forward its recommendation, together with the estimated cost of the off-tract improvement, to the Governing Body of the Township. The estimated cost of the off-tract improvement shall set forth an estimate by which all properties to be serviced thereby, including the developer's property, shall be benefited thereby. Upon receipt of the recommendation and report of the Planning Board, the Governing Body shall, within thirty (30) days from the date of receipt thereof, make a determination as follows: that the recommended off-tract improvement should not be required of the developer. If the Governing Body, by resolution, concurs with the recommendation of the Planning Board in whole or in part, it shall notify the Planning Board of its recommendation, and the Planning Board shall then, with the aid of the Township Engineer or such other persons who have pertinent information or expertise, calculate the cost of the improvement and the amount by which all properties to be serviced thereby, including the subdivider's property, will be specially benefited therefrom.
c. 
Manner of Construction. Upon completion of the Planning Board studies with respect to the cost of the improvement and special benefits to be conferred, these reports shall be forwarded to the Governing Body and a determination made by the Governing Body as to whether the off-tract improvement is to be constructed:
1. 
By the Township as a general improvement;
2. 
By the Township as a local improvement; or
3. 
By the developer under a formula providing for partial reimbursement by the Township for benefits to properties other than the subdivision.
d. 
Amount of Contribution. When this has been determined, the developer may be required to provide, as a condition for final approval of the development, a bond or a cash deposit to ensure payment to the Township of one (1) of the following amounts:
1. 
If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be served thereby, including the developer's property, will be specially benefited by the off-tract improvement;
2. 
If the improvement is to be constructed by the Township as a local improvement, the estimated amount by which the subdivision will be specially benefited by the off-tract improvement;
3. 
If the improvement is to be constructed by the developer, an amount equal to the estimated cost of the off-tract improvement, less an offset for benefits to properties other than the subdivision.
e. 
Determination of Special Benefits. In determining benefits conferred on properties specially benefited by an off-tract improvement, the following formula shall, subject to adjustment for peculiar or exceptional conditions, be used:
1. 
The development shall be allocated that percentage of one hundred (100) computed by dividing the development land area by the total land area benefited by the off-tract improvement.
2. 
The development shall be allotted that percentage of one hundred (100) computed by dividing the maximum potential intensity of use of the development (total square feet of building floor area) by the maximum potential intensity of use under existing zoning limitation in the total land area benefited by the off-tract improvement.
3. 
In the case of linear improvements, i.e., roads, curbing, sidewalks, pipes, drains, sewers, drainage easements, etc., the development shall be allotted that percentage of one hundred (100) computed by dividing the distance (measured along the course of the off-tract improvement) from the connecting facility to the farthest abutting point of the subdivision by the sum of the distance of all intervening properties, including the developments abutting the off-tract improvements which shall be apportioned to the developer.
f. 
When Required. The requirement of appropriate off-tract improvements and the apportionment of the cost of a portion thereof to the developer shall, where applicable, be a condition of either preliminary approval or final approval of a subdivision or site plan. If not imposed as a condition of preliminary approval, such off-tract improvements and the apportionment of the cost thereof shall be considered improvements under N.J.S.A. 40:55D-1 et seq., which may be imposed at the time of final approval.
g. 
Payment of Allocated Cost.
1. 
The estimated cost of the off-tract improvement allocated to the developer, if deposited in cash, shall be paid by the developer to the Township Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements serving the same purpose. If such improvements are not initiated by the Township within a period of ten (10) years from the date of payment, then funds so deposited shall be returned together with accumulated interest or other income thereof, if any.
2. 
In the event the payment by the developer to the Township Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then it shall be required to pay its additional share of the cost thereof.
3. 
In the event the payment by a developer to the Township Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.
4. 
Before apportioning the cost of off-tract improvements to a developer, the Planning Board shall notify and afford the developer an opportunity to be heard thereon at a public meeting. If the developer shall deem that any of the amounts so estimated by the Planning Board are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings brought to compel development application approval.
5. 
If the developer and the Township cannot agree with respect to the developer's appropriate share of the actual cost of the off-tract improvement, or the determination made by the officer or board charged with the duty of making assessments as to special benefits, if the off-tract improvement is constructed as a local improvement, the dispute shall be decided in an appropriate judicial proceeding.
h. 
Assessment of Properties. Upon receipt from the developer of its allocated share of the costs of the off-tract improvements, the Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a developer may be assessed against benefiting property owners by the Township. Any assessments for benefits conferred made against the developer or its successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the Township Treasurer pertaining thereto. The developer, or his successors in interest, shall not be liable for any part of an assessment for such improvements unless the assessment exceeds its pro rata share credit for its deposit, and then only to the extent of the deficiency.
i. 
Credit for Work Performed. In the event the developer installs and constructs an off-tract improvement or any portion thereof, which improvement is accepted by the Township, then the cost shall be treated as a credit against any future assessment for that particular off-tract improvement, or portion thereof, constructed by the Township in the same manner as if the developer had deposited its apportioned cost with the Township Treasurer, as provided herein.
j. 
Installation of Improvements by Applicant.
1. 
At the discretion and option of the Township, the Township may enter into a contract with the developer providing for the installation and construction of the off-tract improvements by the developer upon contribution by the Township of the remaining unallocated portion of the cost of the off-tract improvement.
2. 
In the event the Township so elected to contribute to the cost and expense of installation of the off-tract improvements by the developer, the portion contributed by the Township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.
k. 
Design Standards. Should the developer and the Township enter into a contract for the construction and erection of the off-tract improvements to be done by the developer, it shall observe all requirements and principles of this chapter and other ordinances in the design of such improvements.
[1999 Code § 16.28.030]
a. 
Grading. Grades and cross sections shall be such as to provide for the disposal of stormwater and such groundwater seepage as may be encountered, all in accordance with the plans therefor approved at the time of the approval of the preliminary plat of the subdivision and as may be required in the field by the Township Engineer as the work progresses. All underground utilities, drains or other facilities located within the roadway portion of a street shall be installed prior to the placing of any road surfacing material.
b. 
Installation of Street Improvements. All street improvements (i.e., pavements, curbs, gutters and sidewalks) shall be installed in conformance with the Township standards and specifications.
c. 
Installation of Utilities. Installation of all sewer, water and other utilities shall be in strict accordance with the standards and specifications of the Township or other public utility concerned.
d. 
Street Signs. Appropriate street signs shall be installed at all street intersections and shall be of a type specified by the Township Department of Public Works.
e. 
Monuments. Monuments of prescribed size and shape shall be located and installed in accordance with State statutory requirements (N.J.S.A. 46:23-9.11).
f. 
Topsoil Replacement; Seeding. Topsoil shall not be removed from the site. Topsoil moved during the course of construction shall be redistributed so as to provide at least four (4) inches of cover to all areas disturbed and shall be stabilized by seeding or planting and inspected by the Township Engineer.
g. 
Supervision of Installation of Improvements. All improvements (except electric, gas and water main extensions to a privately owned utility company) shall be installed under the supervision and inspection and to the satisfaction of the Township Engineer, who shall certify that Township specifications have been conformed to. The subdivider shall furnish the Township Engineer with a certification by a licensed engineer that all grades shown on the preliminary plat have been met.
h. 
Notification of Township Engineer; Inspection. No construction work relative to the installation of required improvements shall commence without the Township Engineer or other responsible officer being notified at least forty-eight (48) hours before the commencement of the work. No street underground installations shall be covered until inspected and approved by the Engineer or other authorized official.
i. 
Shade Trees. A minimum of two (2) shade trees per dwelling unit shall be required of all development applications acted upon pursuant to this chapter. The developer shall pay to the Township seventy ($70.00) dollars per tree required.
j. 
Any individual private water supply or sewage disposal system shall conform to the requirements of the Sanitary Code and the Health Department.
k. 
Inspection Fees. The applicant shall submit inspection fees pursuant to subsection 39-8.9.
l. 
Suspension of Work. Failure of the developer, his or her contractor or agents to conform to the specifications for installing improvements indicated above or to conform to the preliminary plat plan as approved by the Planning Board will be just cause for the suspension of work being performed, and no person, firm or corporation shall have the right to demand or claim damages from the Township, its officers, agents or servants by reason of such suspension by the Township Engineer.
m. 
Duty of Developers to Provide Services. It shall be the duty and responsibility of the developer of a major residential subdivision to provide and pay for the following services until acceptance of a public street by the Township:
1. 
Sweeping of streets;
2. 
Snowplowing;
3. 
Garbage collection twice per week from the front of each unit;
4. 
Payment of streetlighting utility cost.
n. 
Display of Certain Maps, Plans and Documents by Developers Subsequent to Development Application Approval. All owners, developers and subdividers having an interest in a major subdivision or major residential site plan in the Township shall display within all of their sales offices or the sales office of any broker or agent engaged by them for the purpose of selling residential dwellings the following:
1. 
A sales map in the sales office in a place that may be observed and reviewed by any person(s) calling at the office;
2. 
A copy, on standard legal size paper, in type or clear print, of any proposed protective or restrictive covenants and easements to be applied to all or any portion of the lands within the subdivision;
3. 
A copy of any board-approved revisions to the site plan or subdivision and all approved revisions or field changes to construction plans. Any such revised item or plan sheet shall have a notation marked on the original document that it is "Revised as of (date)." The corresponding item or revision sheet shall note thereon the following. "Original document dated (date) has been revised on (include all dates)";
4. 
A public offering statement for the entire development, if the tract of land is to be developed as a planned unit development, as that term is defined in the Municipal Land Use Act and filed with the New Jersey Department of Community Affairs;
5. 
A copy of the Environmental Assessment Report (EAR) as described below for any project of ten (10) or more dwelling units.
(a) 
The project location and vicinity map shall be based on the Official Tax Map information or some other similarly accurate base at the scale of not less than one hundred (100) feet to an inch or greater throughout the map, which scale shall be clearly indicated thereon and shall be consistent in all directions shown thereon. The map shall show the owner's approved subdivision and all lands contiguous thereto for a distance of two thousand (2,000) feet, within or without the Township.
(b) 
The map shall clearly show and include for the area within two thousand (2,000) feet of the development in all directions the following information:
(1) 
The location of proposed streets and the layout of proposed lots within the development,
(2) 
The location of all State, County and municipal roads in existence on the date of the final approval of the development,
(3) 
The location of all proposed roads as shown on the Official Master Plan adopted by the appropriate agency of the State, County or municipality,
(4) 
The location of all existing structures and wooded areas within the development,
(5) 
A designation of the zoning district of property to be developed and the zoning districts of all contiguous properties within the distance of two hundred (200) feet,
(6) 
The location of all railroads and railroad rights-of-way for public utilities,
(7) 
The location of all public or private utility plants; the location of all sanitary landfill and hazardous waste site operations in existence; location of all Superfund sites as listed within the Middlesex County Solid Waste Management Program,
(8) 
The location of all schools, parks, playgrounds, public buildings and hospitals,
(9) 
The location of all streams, ponds and watercourses and a legend reference as to whether flood hazard insurance is required,
(10) 
The location of all drainage ditches within the area shown on the map,
(11) 
The size of each parcel in the subdivision to be sold, whether improved or unimproved.
(c) 
Environmental Risk Audit. An environmental risk audit shall be conducted for all of the property which is the subject of the development and which is listed by the Middlesex County Solid Waste Management Program as a hazardous site. The risk audit shall include a statement setting forth the use of the subject property for a period of ten (10) years prior to the application for development. If there is any evidence of environmental contamination or any other information which could affect the health, safety or welfare of persons exposed to the property, the details of the same shall be set forth based upon the Middlesex County Solid Waste Management Program Inventory list and description. The Township may require on-site soil sampling and water testing based upon data provided. In the alternative, an ECRA clearance statement by the New Jersey Department of Environmental Protection or a New Jersey Department of Environmental Protection approved ECRA plan may be filed.
o. 
Site Maintenance During Construction. It shall be the responsibility of the developer to maintain the entire subdivision in a safe and orderly condition during construction. Necessary steps shall be taken by the subdivider to protect occupants of the subdivision and the general public from hazardous and unsightly conditions during the entire construction period. These steps shall include, but are not limited to, the following:
1. 
Open excavation shall be enclosed by fencing or barricades during nonconstruction hours. Movable barricades shall be equipped with yellow flashing hazard markers or other lighting during hours of darkness.
2. 
Excavation of previously installed sidewalk and pavement areas which provided access to occupied buildings in the subdivision shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings.
3. 
Safe vehicular and pedestrian access to occupied buildings in the subdivision shall be provided at all times.
4. 
Construction activities which create dust, fumes, odor, smoke, vibration or glare noticeable on occupied lots in the subdivision and adjoining properties and streets shall not be permitted.
5. 
Construction activities which will result in damage to trees and landscaping on occupied lots in the subdivision or adjoining properties shall not be permitted.
6. 
All locations and activities in the subdivision which present potential hazards shall be marked with signs indicating the potential hazard.
7. 
Unsightly construction debris, including scrap materials, cartons, boxes and wrappings, must be removed daily at the end of each working day.
8. 
Construction traffic control devices shall be provided in accordance with the Uniform Manual of Traffic Control Service, with any subsequent addendum, as approved by the New Jersey Department of Transportation.
9. 
Should the developer fail in his or her obligation to maintain the subdivision in a safe and orderly condition, the Township may, on two (2) days' written notice, or immediately in the case of hazard to life, health or property, undertake whatever work may be necessary to return the subdivision to a safe and orderly condition. The cost thereof shall be charged against the performance guaranty.
p. 
Transfer or Assignment of Interest; Contractor Performance Requirements.
1. 
Before any subdivider transfers or assigns any of his or her interest in any tentative or final approval of any subdivision, he or she must notify the Municipal Council and supply detailed information with regard to the name, address, principals, type of organization, competency, experience and past performance of the assignee, transferee or agent. Notice of such assignment or transfer shall be given at least ten (10) days prior to its effective date, and the assignee must be made acquainted with all the conditions of approval, and the subdivider shall so certify.
2. 
No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements on the site of the subdivision unless they are continually supervised by a competent supervisor acceptable to the Township Engineer.
3. 
Not less than five (5) days prior to commencing construction of any improvements on the site, the subdivider or his or her agent shall provide the Township Engineer with the names, addresses, phone numbers, and emergency phone numbers of the subdivider and/or a representative empowered to act for the subdivider and of each contractor and the supervisor in charge of the construction, setting forth the aspect of construction for which each is responsible.
[1999 Code § 16.28.040]
a. 
Performance guaranties shall be required in lieu of installation of all improvements in an amount equivalent to the reasonable cost of the proposed installations as determined by the Township Engineer. The performance guaranty shall include an amount equal to the estimated cost to cover the planting of shade trees to conform to the standards set forth in this chapter. The form and sufficiency of bond shall be subject to approval of the Planning Board Attorney, and the term shall be for the life of the contract between the Township and the subdivider and any extension thereof. Performance bonds shall be expressly conditioned upon the subdivider's full compliance with all Township ordinances and regulations governing the installation of improvements and utilities and faithful performance of the terms of agreement with the Township.
b. 
Maintenance guarantees shall be required in a sum equal to five (5%) percent of the amount of the original bond for installation of improvements. The guaranties shall be in a form and sufficiency approved by the Planning Board Attorney. The maintenance bond shall be posted upon final release of the performance bond by the Township and shall be expressly conditioned upon the maintenance by the developer of all such improvements for a period of two (2) years and particularly shall guarantee the remedy of any defects in such improvements which occur during that period. The maintenance bond shall further guarantee the replacement of any shade trees found not healthy two (2) years after planting.
c. 
Prior to the release of a performance guaranty, the developer shall submit as-built drawings to the Township Engineer.
[1999 Code § 16.32.010]
a. 
Storm Drainage.
1. 
Streets adjacent to streets served by storm sewers shall be designed to adequately continue the existing storm sewer system.
2. 
Streets not adjacent to streets with existing storm systems shall be designed to adequately serve the tributary area with the assumption that the tributary area is fully developed.
3. 
The estimated runoff for drainage areas shall be computed according to standards set forth by the Department of Planning and Engineering.
4. 
Detention basins may be required (but not limited to) when the property to be developed requires a major site plan or major subdivision or when it is determined that the receiving drainage system or outfall is inadequate.
b. 
Fire Hydrants. Fire hydrants and control valves shall be installed no more than six hundred (600) feet apart at proper locations to be determined by the fire inspector. All fire hydrant locations shall be properly indicated on all development applications. All fire hydrants shall be connected to a water supply pressurized and fully operational for fire suppression purposes prior to the construction, installation or on-site storage of combustible building materials.
c. 
Streetlighting. The developer shall install or cause to be installed at his or her own expense streetlighting facilities in accordance with Recommended Practice of Street and Highway Lighting of the Illuminating Engineering Society (latest edition) or other equivalent and acceptable standards.
[1999 Code § 16.32.020; Ord. No. O.1547-2007§ 1; Ord. No. O.1603-2007§ II; Ord. No. O.2011-2018]
Subdivisions shall conform to the requirements and principles of design which are provided for in this section.
a. 
General. The design of the development shall be in harmony with and in furtherance of the purposes set forth in this section and shall in all respects, including the extent, if any, to which access lanes are included in the layout, be subject to approval by the Planning Board in accordance with the procedure set forth in this section. The design of the subdivision shall conform in general to the Master Plan of the Township and in detail to the Official Map of the Township and the Official Map of the County, if any.
b. 
Streets.
1. 
The arrangement of streets shall be such as to provide for the extension of existing streets where appropriate.
2. 
In general, minor streets shall be designed so as to discourage through traffic.
3. 
In a subdivision abutting an arterial street, either a marginal service road shall be provided along such arterial street, or the frontage shall be reversed so that the lots contiguous to such arterial street will front on an internal street, with a buffer strip for planting provided along the arterial street, or such other means of separating through and local traffic shall be provided as the Planning Board may determine to be appropriate.
4. 
Right-of-way widths shall be measured from lot line to lot line. Roadway paving width shall be in accordance with the Edison Township Department of Planning and Engineering's adopted standard specifications and details.
5. 
There shall be no reserved strips controlling access to streets except where control and disposal of the land comprising such strips has been placed in the Township under conditions approved by the Planning Board.
6. 
In a subdivision that adjoins or includes an existing street that does not conform to the width required herein, such additional width shall be provided along either or both sides of such streets as the Planning Board may determine to be necessary and reasonable, in accordance with the provisions of N.J.S.A. 40:55D-39 through 40:55D-41.
7. 
Street Grades.
(a) 
In general, street grades shall not exceed the following:
(1) 
On arterial streets: four (4%) percent;
(2) 
On collector streets: four (4%) percent;
(3) 
On other streets: ten (10%) percent.
(b) 
The minimum grade on any street shall be five-tenths (.5%) percent except for cul-de-sac streets which shall have a minimum grade of one (1%) percent.
8. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty (60) degrees. Intersecting street lines at a block corner shall be rounded by an arc having a radius of not less than twenty-five (25) feet. Where, because of existing conditions, street intersections are likely to require channelization for proper traffic control, street lines shall be designed to accommodate such special treatment as the Planning Board may specify.
9. 
Street jogs with center-line offsets of less than one hundred twenty-five (125) feet shall be avoided where possible.
10. 
In general, tangents of at least the following lengths shall be introduced between reverse curves:
(a) 
On arterial streets: three hundred (300) feet;
(b) 
On collector streets: one hundred (100) feet;
(c) 
On other streets: fifty (50) feet.
11. 
When street lines deflect by more than five (5) degrees, they shall be connected by curves with the following radii measured to the center line of the right-of-way:
(a) 
On arterial streets: eight hundred (800) feet;
(b) 
On collector streets: four hundred (400) feet;
(c) 
On other streets, except alleys: two hundred (200) feet.
12. 
All changes in grade shall be connected by vertical curves of sufficient length in accordance with Township Engineering department standards to provide a smooth grade transition and proper sight distance.
13. 
A dead-end street shall terminate in a circular right-of-way (cul-de-sac) having a radius of not less than sixty (60) feet and paved to a radius of not less than fifty (50) feet and tangent whenever possible to the right side of the street when viewed toward the closed end, or in a turnaround of such other design as may be approved by the Planning Board. Dead-end streets shall not be longer than five hundred (500) feet in length or serve more than fifteen (15) dwelling units unless the Planning Board finds, taking into consideration the physical characteristics of the land to be subdivided and the adjacent land, together with the economically sound development of the adjacent land, that the most desirable street design and layout requires a dead-end street longer than five hundred (500) feet.
14. 
A dead-end street is a temporary dead-end street as hereinafter defined. A "temporary dead-end street" shall be a dead-end street on which no building lots abut the closed end of the turnaround and for which provision is made for future extension of the street either by proposed connection to future streets on contemplated subdivision of adjacent land or by ordinance. Whenever "temporary dead-end streets" are permitted, provision shall be made for the subsequent reversion of the excess right-of-way of the adjoining land.
15. 
Street names shall not duplicate or nearly duplicate the names of existing streets. The continuation of an existing street shall have the same name. Street names for all streets, inclusive of townhouse and apartment developments, shall be approved by the engineering department.
c. 
Blocks.
1. 
Blocks lengths and widths or the dimensions of acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning ordinance and to provide for convenient access, circulation and safety of street traffic.
2. 
Pedestrian walks shall be provided in locations deemed necessary by the Planning Board across blocks over one thousand (1,000) feet long, from the closed ends of culs-de-sac and where elsewhere required for the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers without the necessity of crossing traffic thoroughfares. Any such walk shall have a minimum width of ten (10) feet and shall generally be straight from street to street.
3. 
For commercial, multifamily housing or industrial use, block sizes shall be such as to meet all area and yard requirements for such use.
d. 
Lots.
1. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
2. 
Each lot shall front on an approved street except as provided for condominium and cooperative ownership or for a fee simple attached housing development.
3. 
Where extra width has been provided for the widening of existing streets, lot measurements shall begin at such extra width line, and all setbacks shall be measured from such line unless otherwise provided by the zoning ordinance.
e. 
Rights-of-Way and Easements.
1. 
Easements or rights-of-way shall be at least twenty (20) feet wide for utility installation where required. The locations of such easements or rights-of-way shall coincide with existing or proposed lot lines.
2. 
Where a subdivision is traversed by watercourse, drainage channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will provide adequate drainage. Such easement shall be for maintenance and drainage purposes.
f. 
Areas for Public Use.
1. 
Such lands shall be so shown and reserved on the plat. Such designation is intended to precede the reservation of such lands in accordance with the provisions of N.J.S.A. 40:55D-44.
2. 
Natural features in a subdivision, such as trees, brooks, hilltops and outlook views, shall be preserved wherever possible in designating the street and lot arrangement.
3. 
Dedication. All areas proposed to be dedicated may be in one (1) or more parcels as determined by the Planning Board.
4. 
Location and Size. The area of the development to be dedicated by deed to the Township by the owner for public use shall be in such locations, size or sizes as shall be determined and approved by the Planning Board. Such area or areas to be so dedicated shall be, in total, at least three (3) acres, have a depth of not less than two hundred (200) feet and a continuous street frontage of not less than fifty (50) feet. Every such dedicated public use area shall be accessible directly from one (1) or more streets within the subdivision or directly through or over lands owned by the Township.
g. 
Shade Trees. A minimum of two (2) shade trees per dwelling unit shall be required for every development application proposing residential construction.
h. 
Sidewalks, Curbs and Gutters. Sidewalks, curbs and gutters shall be required along all public and private street frontages unless specifically waived by the Technical Review Committee (the "TRC") established under subsection 39-12.15. Any waiver granted shall be conditioned upon the payment by the applicant of a sum equal to the cost of installation of the sidewalks, curbs and gutters which would otherwise have been constructed. The calculation of the payment shall be based upon estimates prepared by the applicant's engineer and submitted to the Township Engineer for review and approval. The funds shall be deposited into the Township's capital expenditure account and be realized as general revenue of the Township.
1. 
Waiver application fee: An applicant seeking a waiver under this paragraph h. shall file an application with the TRC. The applicant shall include with the application a fee of two hundred fifty ($250.00) dollars, payable to the Township of Edison. The applicant must attach a land survey of the location in question. The application must be submitted no later than two (2) weeks before the TRC meeting scheduled for that month in order for said application to be considered.