[1972 Code § 20-1]
This chapter shall be known and may be cited as: "The Revised
Land Subdivision Ordinance of the Township of Piscataway."
[1972 Code § 20-2; amended 8-15-2023 by Ord. No. 2023-24]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Township of Piscataway in order to promote the public health, safety, convenience and general welfare of the people of the Township. It shall be administered by the Planning Board (except as provided in Chapter 19A, subsections 19A-2.10 and 19A-2.11 of the Revised General Ordinances of the Township of Piscataway, and except as further provided in this subsection) to insure orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services. The provisions of the chapter shall be administered in accordance with the Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975, (N.J.S.A. 40:55D-1 et seq.). The rules, regulations and standards set forth shall be the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. The rules, regulations and standards which guide land subdivision in the Township of Piscataway shall not be applicable to any land, building or structure owned, leased or used by the Township.
[1972 Code § 20-3]
Unless otherwise expressly stated, the following words or terms,
shall, for the purpose of these regulations, have the meaning indicated.
Words in the present tense include the singular, and the words in
the singular shall include the plural. "Shall" and "will" are mandatory;
"may" is permissive.
[1972 Code § 20-301]
As used in this chapter:
Shall mean a developer submitting an application for development.
Shall mean the official action of the Planning Board, (or
in some cases the Board of Adjustment) taken on a preliminary approved
major subdivision after all conditions, engineering plans and other
requirements have been completed or fulfilled and the required improvements
have been installed or guarantees properly posted for their completion,
or approval conditioned upon the posting of such guarantees.
Shall mean the conferral of certain rights pursuant to sections
34, 36 and 37 of the Municipal Land Use Law prior to final approval
after specific elements of a development plan have been agreed upon
by the Planning Board (or in some cases Board of Adjustment) and the
applicant.
Shall mean a use permitted in a particular zoning district
only upon showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in the zoning regulations and upon the issuance
of an authorization therefor by the municipal agency.
Shall mean the legal or beneficial owner or owners of a lot
or any land proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels. The construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or landfill, and any use or change in
the use of any building or structure, or land or extension of use
of land, for which permission may be required pursuant to the Municipal
Land Use Law.
Shall mean zoning, subdivision, site plan, official map,
or other municipal regulation of the use and development of land,
or amendment thereto adopted and filed pursuant to the Municipal Land
Use Law.
Shall mean the removal of surface water or ground water from
land by drains, grading or other means and includes control of runoff
to minimize erosion and sedimentation during and after construction
or development and means necessary for water supply preservation or
prevention or alleviation of flooding.
Shall mean the lands required for the installation and/or
maintenance of storm sewers or drainage ditches, or required along
a natural stream or watercourse for preserving the channel and providing
for the flow of water therein to safeguard the public against flood
damage, in accordance with N.J.S.A. 58:1.1 et seq.
Shall mean any structure or part thereof designed to be occupied
as living quarters as a single housekeeping unit.
Shall mean a right, privilege, service or convenience which
one has to use the land of another for a special or limited purpose,
such as right-of-way, drainage conservation, sight or utility easement.
An easement may be for the benefit of a private party or parties,
for public or quasi-public purposes, or both.
Shall mean the detachment or movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation which will effectively minimize soil erosion and sedimentation, in compliance with the Piscataway Township Soil Erosion and Sediment Control Ordinances (codified as Article II of Chapter 26) as administered by the Township Engineer.
Shall mean the Township Council of the Township of Piscataway.
Shall mean any building, structure, area or property that
is significant in the history, architecture, archeology or culture
of this State, its communities, or the nation, and has been so designated
pursuant to Chapter 291 Laws of New Jersey, 1975.
Shall mean any ground, soil or earth, including marshes,
swamps, drainageways, and areas not permanently covered by water,
within the municipality. Such term also includes improvements and
fixtures on, above or below the surface.
Shall mean any activity involving the clearing, grading,
transporting, filling of land and any other activity which causes
land to be exposed to the danger of erosion.
Shall mean the same as "Minor Street" as defined alphabetically
in this subsection under "Street."
Shall mean a designated parcel, tract or area of land established
by plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Shall mean any security, other than cash, which may be accepted
by the Planning Board or other approving body for the maintenance
of any improvements required by the Municipal Land Use Law.
Shall mean a composite of one or more written or graphic
proposals for the development of the municipality as set forth in
and adopted pursuant to section 19 of the Municipal Land Use Law.
Shall mean the municipal Planning Board, Board of Adjustment
or Township Council when acting pursuant to this chapter.
Shall mean of or pertinent to the Township of Piscataway.
Shall mean located outside the lot lines of the lot in question,
but within the property (of which the lot is part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
Shall mean a map adopted in accordance with Article 5 of
the Municipal Land Use Law. Such a map shall be deemed to be conclusive
with respect to the location and width of the streets and public drainage
ways, and the location and extent of public parks, playgrounds, trails,
paths and other recreational areas, scenic and historic sites, flood
control basins, sites for schools and other public buildings and structures
and other public open spaces.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any individual, family group, firm, association,
syndicate, partnership or copartnership or corporation having sufficient
proprietary interest in land which is the subject of a development
proposal.
Shall mean any security, which may be accepted, including
cash; provided that the Township shall not require more than 10% of
the total performance guarantee in cash.
Shall mean the map or maps of a subdivision or site plan.
Shall mean the plat of all or a portion of the development
prepared and submitted to the approving authority for final approval
in accordance with this chapter.
Shall mean the plat prepared and submitted to the approving
authority as a part of the application for preliminary approval in
accordance with this chapter.
Shall mean the plat prepared and submitted to the approving
authority for purposes of classification and discussion in accordance
with this chapter.
Shall mean a plan to regulate and control the collection,
disposal and transportation of specified solid waste materials in
accordance with all applicable laws and regulations of the State,
County and municipality.
Shall mean:
The further division or relocation of lot lines of any lot or
lots within any subdivision previously made and approved or recorded
according to law; or
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law, but does not include conveyances so as to combine
existing lots by deed or other instrument.
Shall mean the portion of a street right-of-way, paved, or
unpaved, intended for vehicular use.
Shall mean any plot, parcel or parcels of land.
Shall mean an act concerning mandatory state-wide source
separation and recycling of solid waste, supplementing P.L. 1970,
c. 39, also, N.J.S.A. 13:1E-1 et seq.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way
Which is an existing State, County or municipal roadway, or
Which is shown upon a plat heretofore approved pursuant to law,
or
Which is approved by official action as provided by the Municipal
Land Use Law, or
Which is shown on a plat duly filed and recorded in the Office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. Ordinance streets shall
be classified as follows:
Arterial streets are those which are used primarily for fast
or heavy traffic.
Collector streets are those which carry heavy traffic from minor
streets to the major system of arterial streets including the principal
entrance streets of a residential development and streets for circulation
with such a development.
Minor streets are those which are used primarily for access
to the abutting properties. "Minor street" shall mean the same as
"local street."
Marginal access streets are streets which are parallel to and
adjacent to arterial streets and highways, and which provide access
to abutting properties and protection from through traffic.
Alleys are minor ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
Shall mean any individual, firm, association, syndicate,
partnership, copartnership, trust or any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another. A subdivider may be the holder of an option
or contract to purchase or other person having an enforceable proprietary
interest in such land.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size.
Divisions of property by testamentary or interstate provisions.
Divisions of property upon court order, including, but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the administrative officer to conform to the
requirements of the municipal development regulations and are shown
and designated as separate lots, tracts or parcels on the tax map
or atlas of the municipality. The term "subdivision" shall also include
the term "resubdivision".
Shall mean a committee of a least three Planning Board members
appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter, and
such other duties relating to land subdivision which may be conferred
on the Committee by the Board.
Shall mean all subdivisions not classified as minor subdivisions.
Shall mean subdivision of land that does not involve:
Shall mean a parcel, portion or other division of land which
is in whole or in part proposed for subdivision, composed of a portion
of one lot, or one or more contiguous lots in the same ownership.
Lots separated by easements, streets, or other public rights-of-way
shall be considered contiguous for the purpose of this definition.
Shall mean Chapter 21 of the Revised General Ordinances of the Township of Piscataway regulating and restricting the use of land and structures and the size, dimension, location, density, and other factors, as to same.
|
Words or word groups which are not defined above, shall have
the meaning set forth in the Municipal Land Use Law or as given in
Webster's Unabridged Dictionary.
|
[1972 Code § 20-401]
Copies of this chapter shall be made available upon request
and payment of a fee covering cost of preparation to any person desiring
to subdivide a parcel of land. It shall be the right of any applicant
to request a meeting with the Planning Board to review his development
concepts and/or the applicability of the regulations of this chapter.
[1972 Code § 20-402]
Any owner of land within the Township may prior to subdividing or re-subdividing land, as defined in this chapter, submit to the Secretary of the Planning Board, or other designated official, at least two weeks prior to the regular meeting of the Board, 14 copies of the sketch plat and 14 copies of the sketch plat application of the proposed subdivision for purposes of classification and preliminary discussion. The sketch plat and sketch plat application shall meet the requirements of subsection 20-406.1 and shall be accompanied by the required fees as set forth in Section 20-9 of this chapter.
[1972 Code § 20-402.1]
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.
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.
A notation to the effect of the approval shall be made on the
sketch plat or other plat if no sketch plat is submitted. After approval
of the Subdivision Committee or the 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
N.J.S.A. 40:27-6.3, the municipal agency shall condition 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 Township Engineer, Construction Official, Tax Assessor,
and in the case of the Board of Adjustment granting a subdivision,
the Township Planning Board.
[1972 Code § 20-402.2]
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 Section 20-402.3 of this chapter.
[1972 Code § 20-402.3]
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 Township Engineer
and Tax Assessor.
b.
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. is filed by the developer
with the County Recording Officer.
Any such deed or plat accepted for such filing, shall have been
signed by the Chairman and Secretary of the Municipal Agency; failure
to record such plat or deed within the prescribed time shall render
the approval null and void.
[1972 Code § 20-402.4]
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.
[1972 Code § 20-403]
Fourteen black on white prints of the preliminary plat drawn to the specifications pursuant to subsection 20-406.2 of this chapter, together with 14 completed application forms for preliminary approval and the fees as required in Section 20-9, shall be submitted to the Secretary of the Planning Board, or other designated official at least two weeks prior to the regular scheduled meeting of the Board at which consideration is desired.
After determination that a complete application has been submitted, the Secretary of the Planning Board, or other designated official, shall forward copies of the preliminary plat to the Township 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 Chapter 19A, Land Use Procedures, subsection 19A-3.5 of the Revised General Ordinances of the Township of Piscataway.
[1972 Code § 20-403.1]
The Municipal Agency shall act on the preliminary plat within the time prescribed in Chapter 19A, subsection 19A-1.9 of the Revised General Ordinances of the Township of Piscataway.
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.
If the Municipal Agency disapproved 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.
[1972 Code § 20-403.2]
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 the 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 Township 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.
d.
In the case of a subdivision for an area of 50 acres or more, the
municipal agency may grant the rights referred to in paragraphs a,
b, 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:
e.
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:
1.
The number of dwelling units and nonresidential floor area permissible
under preliminary approval, and
2.
The potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval, and
3.
Economic conditions; provided that if the design standards have been
revised, such revised standards may govern.
[1972 Code § 20-404]
Prior to the commencement of any construction or final plat
approval, the developer shall submit six sets of construction drawings
to the Township Engineer. The drawings shall conform to the following:
a.
They shall be drawn to a scale not less than one inch equals 100
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 Township Engineer.
e.
They shall also show cross sections and profiles of all streets,
storm and sanitary sewers and water mains.
[1972 Code § 20-405]
The original tracing, eight black on white prints of the final plat, drawn to the specifications pursuant to subsection 20-406.3 of this chapter, together with eight completed application forms for final approval, and the fees as required in Section 20-9 of this chapter shall be submitted to the Secretary of the Planning Board or other designated official.
[1972 Code § 20-405.1]
After determination that a complete application has been submitted, the Municipal Agency shall act on the final plat within the time prescribed in Chapter 19A, Section 19A-1.8 of the Revised General Ordinances of the Township of Piscataway. Prior to the signing of the final plat, however, a certification by the Township Engineer and Attorney shall be received by the Municipal Agency stating the performance guarantee is approved as to form and amount to assure completion of all required improvements.
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 N.J.S.A. 40:27-63 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 by its
failure to report thereon within the required time period.
[1972 Code § 20-405.2]
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.
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.
[1972 Code § 20-405.3]
Within 10 days of the filing of the original tracing with the
County Recording Officer, the developer shall submit to the Secretary
of the Planning Board or other designated official the following copies
of the filed plat: one translucent tracing cloth copy, one cloth print,
and three black on white prints of the filed plat.
[1972 Code § 20-405.4]
The following rights shall be conferred upon the developer for a period of two years after the date of final approval: The zoning requirements applicable to the preliminary approval first granted and all the rights conferred upon the developer pursuant to subsection 20-402.2 of this chapter, 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 20-405.2 of this chapter. 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 Municipal Land Use Law, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
a.
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 reasonably taking into consideration:
b.
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:
[1972 Code § 20-406]
[1972 Code § 20-406.1]
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 plat or lot lines and one labeled "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 other representative of the applicant and shall
contain the following information:
a.
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 outcropping.
b.
Location and use of existing structures on tract and on adjacent
property within 200 feet of boundaries of the development.
c.
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 Township tax rolls.
d.
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.
e.
A key map showing the property in relation to the general area of
the community.
f.
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.
g.
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. This shall not preclude, however, the submission of a sketch plat for informal review by the municipal agency, provided 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 Section 20-9 of this chapter is paid.
h.
If the sketch plat is being submitted for minor subdivision approval,
and a public sewage disposal system is not available, the developer
shall have percolation tests made and submit the results with the
sketch plat.
[1972 Code § 20-406.2]
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 this chapter
and shall contain the following information:
a.
A survey of the site upon which the proposed subdivision is proposed,
with dimensions and bearings.
b.
Soil erosion and sedimentation control plans pursuant to the requirements
set forth in the Piscataway Township Soil Erosion and Sediment Control
Ordinance and Standards for Soil Erosion and Sediment Control in New
Jersey as promulgated by the State Soil Conservation Committee.
c.
Location and use of existing structures on-tract and on adjacent
property within 200 feet of the boundaries of the development.
d.
The name of the developer and all of the adjoining property owners
within 200 feet as disclosed by the most recent township tax rolls.
e.
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.
f.
A key map showing the location of the development application within
the Township and surrounding areas.
g.
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 the appropriate tax sheet, block and lot
numbers.
h.
All building setback lines as established by the zoning regulations.
i.
Plans for fire protection including hydrant location.
j.
Water runoff calculations must be submitted to substantiate the proposed
drainage system.
k.
The topography of the site shall be shown and be based on U.S. 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 10-foot
contour interval shall be shown. The finished floor elevation of the
garage floor for each proposed dwelling shall be indicated for residential
subdivisions.
l.
The acreage of the tract to be subdivided, to the nearest tenth of
an acre.
m.
Plans of proposed utility layouts (sewers, storm drains, water),
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.
n.
A copy of any existing or proposed protective covenants or deed restrictions
applying to the land being subdivided.
o.
All streets, roads, rights-of-way, easement, water courses, drainage
ditches and facilities and existing utilities within the property
and within adjacent property to a point 500 feet surrounding the development
application.
p.
Any proposed subdivision lying within the flood plain or special
flood hazard area as delineated on the Township official flood plain
map shall be reviewed to assure that:
1.
All such proposals are consistent with the need to minimize flood
damage.
2.
All public utilities and facilities, such as sewer, gas, electrical
and water systems are located, elevated and constructed to minimize
or eliminate flood damage.
3.
Adequate drainage is provided so as to reduce exposure to flood hazards.
q.
For any subdivision proposing 50 or more units of single-family residential
housing or 25 or more units of multi-family residential housing and
any commercial or industrial development proposal for the utilization
of 1,000 square feet of land, a recycling plan must be submitted to
the authorized municipal reviewing agency pursuant to the solid waste
management act and any other applicable regulations.
[1972 Code § 19-406.3]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals 100 feet in compliance with all provisions
of N.J.S.A. 46:23-9.9 et seq. The final plat shall show or be accompanied
by the following information:
a.
Date, name and location of the subdivision, name of owner, graphic
scale and reference meridian.
b.
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.
c.
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.
d.
Each block shall be numbered, and the lots within each block shall
be numbered consecutively beginning with the number one.
e.
Minimum building setback lines on all lots and other sites.
f.
Location and description of all monuments.
g.
Names of owners of adjoining unsubdivided land.
h.
Certification by engineer or surveyor licensed by the State of New
Jersey as to accuracy of details of plat.
j.
When approval of a plat is required by any officer or body of the
Township, County or State, approval shall be certified on the plat.
k.
Cross sections and profiles of streets approved by the Township Engineer.
l.
Plans and profiles of storm and sanitary sewers.
m.
Certificate from Tax Collector that all taxes are paid to date.
n.
Affidavit of owner, and title policy or certificate of any attorney
or counselor-at-law of New Jersey, certifying that the streets and
public areas are free and clear of all encumbrances.
o.
Deed to the Township for all public areas.
[1972 Code § 20-501]
The subdivider shall install or guarantee the installation of
all required improvements including but not limited to: clearing and
grading, streets, gutters, curbs, sidewalks, street lighting, 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, 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.
[1972 Code § 20-502]
To determine the required improvements, the Planning Board shall
consider:
a.
The probable development of various parts of the Township as reflected
in the Master Plan and the Zoning Ordinance,
b.
The necessity of safe, convenient and pleasant means for the movement
of traffic,
c.
The protection of the public health, safety, comfort, convenience
and general welfare, and
d.
The preservation of the ecology and natural environment to the extent
that the provision of necessary public services allows the preservation
of such environment.
[1972 Code § 20-503]
Installation of all on-site improvements of a subdivider shall
be under the inspection of the Township 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 the law.
[1972 Code § 20-504]
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 Township Engineer.
[1972 Code § 20-505]
a.
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.
b.
Residential Site Improvement Standards. Any other provision of this
ordinance notwithstanding, this ordinance (Land Subdivision) shall
be interpreted in a manner to be totally consistent with the Residential
Site Improvement Standards (RSIS) set forth in N.J.A.C. 5:21-1.1 et
seq.
[1972 Code § 20-506]
Insofar as applicable, all improvements shall be constructed
and installed in accordance with "Specifications for the Construction
of Public Works in the Township of Piscataway, Middlesex County, New
Jersey," as amended and supplemented from time to time hereinafter
referred to as the "Township specifications," copies of which are
on file with the Township Engineer and which are hereby incorporated
herein as though set forth at length herein. In instances where no
detail specifications are therein set forth for the construction of
particular type of pavement, curb, sidewalk, or other facility to
be constructed under Township 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 specification," as modified,
supplemented, amended or superseded by the requirements of this chapter,
by the approved preliminary plat, by particular agreement among the
municipal agency, Township 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. It will be the responsibility of all subdividers to
familiarize themselves with these standards, copies of which may be
examined at the offices of the Township Engineer. The requirements
of this chapter, of approved preliminary or final plats or of particular
agreement 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.
[1972 Code § 20-507]
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:
a.
Streets. All streets shall be constructed in accordance with applicable
standards and specifications of the Township. Such construction shall
be subject to inspection and approval by the Township Engineer. See
Plate 1 at the end of this chapter.[1]
[1]
Editor's Note: Plates 1 - 6 are included as an attachment to this chapter.
b.
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 Township and shall be placed in accordance
with the standards of the Township.
c.
Curbs. Curbs shall be constructed and provided for in accordance
with the standards and specifications of the Township. Such construction
shall be subject to inspection and approval by the Township 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.
See Plate 3 at the end of this chapter.[2]
[2]
Editor's Note: Plates 1 - 6 are included as an attachment to this chapter.
d.
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 Township specifications. See Plate
4 at the end of this chapter.[3]
[3]
Editor's Note: Plates 1 - 6 are included as an attachment to this chapter.
e.
Shade Trees.
1.
Shade trees shall be planted within the right-of-way. Such trees
shall not be less than 35 feet, not more than 75 feet apart, and their
locations shall be subject to the approval of the Director of Community
Development, or designee. The minimum caliper of the tree shall be
at least 2 1/2 inches, measured one foot from the ground and
said tree shall be nursery grown. Ten-inch long root barriers shall
be installed adjacent to sidewalks and curb and gutters at each street
tree. Such root barriers shall be of a type approved by the Township
and centered at each tree. The method of planting and the types of
variety of tree shall follow the requirements of the Township Landscape
Architect, as set forth in the planting specifications on file in
the office of the Director of Community Development. See Plate 5 at
the end of this chapter.[4]
[4]
Editor's Note: Plates 1 - 6 are included as an attachment to this chapter.
f.
Topsoil. Topsoil moved during the course of construction shall be
redistributed so as to provide at least 12 inches of cover to all
areas disturbed and shall be stabilized by seeding and planting.
g.
Soil Removal. No soil of any kind shall be removed from the subdivision without having first obtained a soil removal permit from the Director of Community Development or his/her designated representative as provided in Chapter 26, Soil and the Movement of Soil, Section 26-1 of the Revised General Ordinances of the Township of Piscataway.
h.
Tree Removal. No tree shall be removed or destroyed without having first obtained a tree removal permit from the Director of Community Development or his/her designated representative as provided in Chapter 30, Protection of Trees, of the Revised General Ordinances of the Township of Piscataway.
i.
Clearing and Grading. All grading, excavation or embankment construction shall be in accordance with the approved preliminary or final plats and shall provide for the disposal of all storm water runoff and such ground water seepage as may be encountered. Foundation location surveys shall be required in accordance with subsection 21-1502.1-1 of the Zoning Ordinance. 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 Township Engineer. Where borrowed excavation materials from off-site sources are required to complete the necessary grading, such material shall meet the requirement of the standard specifications.
Material which the Township Engineer judges is unsuitable for
the use in roadway embankment may be used for grading outside the
roadway right-of-way or building areas at the direction of the Township
Engineer. Any suitable material which cannot be satisfactorily utilized
on the site shall, at the direction of the Township Engineer, be removed
from the site and disposed of at places to be provided by the subdivider
outside the Township limits.
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. 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.
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.
j.
Storm Drainage and Sanitary Sewerage Facilities. Provisions shall
be made for stormwater drainage, sanitary sewers and utilities. All
such installations shall be connected with an approved system and
shall be adequate for all present and probable future development
and shall be constructed in accordance with New Jersey State Highway
Department Standard Specifications including Addenda A-1941, or as
hereafter amended or supplemented. Sanitary sewers and appurtenances
shall be installed and connected in accordance with the sanitary sewer
ordinances of the township. When sanitary sewers are not available,
sewage disposal systems shall be installed in accordance with the
requirements of and subject to the approval of the Board of Health.
k.
Off-Street Parking. All lots shall be provided for with macadam off-street
parking or macadam driveways or equally comparable and approved paving
material.
l.
Monuments. Monuments shall be of a size and shape required by the
Map Filing Law, N.J.S.A. 46:23-9.9 et seq. and all applicable amendments
thereto and shall be placed in accordance with said statute by a New
Jersey licensed land surveyor.
m.
Roof Drains. All water from roof drains shall be directed to the
storm sewers (if available) or directed to the gutter or the ditch
of the street.
n.
Landscaping.
1.
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.
2.
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
licensed professional, specifically setting forth all proposed planting
by type, number, location, species, and planting size.
3.
Waiver. The Municipal Agency, after examination and review, may waive
provisions of paragraph 2 above, in heavily wooded areas, in areas
unsuitable for plantings, or because of other exceptional conditions.
o.
Utility Installations in New Residential Subdivisions. All utility
lines shall be installed in accordance with Board of Public Utility
Regulations for undergrounding.
p.
Utility Installations in Industrial Subdivisions. In industrial subdivisions,
all secondary, 800 amp or less, services shall be installed underground.
q.
Traffic Control Devices. 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
Township Clerk a sum in case or certified check in the amount set
by the Township Engineer equal to the cost of all necessary traffic
control devices not installed by the subdivider. Traffic control devices
shall include but are not limited to: signs, traffic lines, lights,
reflectors, and channelizing markers. The number, type, legend, placement,
and the size of all traffic control devices shall be in accordance
with the current Manual on Uniform Traffic Control Devices by the
U.S. 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. Construction
details of all proposed traffic control devices shall be in accordance
with standards approved by the Township Engineer.
All improvements, except electric, gas and water lines, shall
be installed under the supervision and inspection of the Township
Engineer or his designated representative, the cost thereof to be
borne by the developer. The costs shall be paid to the Township for
the use of the Township by the developer in accordance with the subsequent
provisions of this chapter. All such fees for services and inspections
must have been fully paid prior to acceptance of the improvement by
the Township.
The developer shall give a deposit for the inspection fees in
an amount not to exceed, except for extraordinary circumstances, the
greater of $500 or 5% of the cost of improvements, which cost shall
be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments
for which the reasonably anticipated fees are less than $10,000 fees
may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the municipality, the developer
shall deposit the remaining 50% of the anticipated inspection fees.
For those developments for which the reasonably anticipated fees are
$10,000 or greater, fees may, at the option of the developer, be paid
in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the municipality for inspection, the developer shall make
additional deposits of 25% of the reasonably anticipated fees. The
Municipal Engineer or his designated representative shall not perform
any inspection if sufficient funds to pay for those inspections are
not on deposit.
The inspection fee deposit provided for herein shall be deposited
by the Township Treasurer in an account for such purposes, under the
sole control of the Township. The inspection deposits may be commingled
with like deposits from other developers. Whenever an amount of money
in excess of $5,000 shall be deposited by a developer with a municipality
for professional services employed by the municipality to review applications
for development, for municipal inspection fees in accordance with
N.J.S.A. 40:55D-53, or to satisfy the guarantee requirements of N.J.S.A.
40:55D-53, the money, until repaid or applied to the purposes for
which it is deposited, including the applicant's portion of the interest
earned thereon, except as otherwise provided in this section, shall
continue to be the property of the applicant and shall be held in
trust by the municipality. Money deposited shall be held in escrow.
The municipality receiving the money shall deposit it in a banking
institution or savings and loan association in this State insured
by an agency of the Federal Government, or in any other fund or depository
approved for such deposits by the State, in an account bearing interest
at the minimum rate currently paid by the institution or depository
on time or savings deposits. The municipality shall notify the applicant
in writing of the name and address of the institution or depository
in which the deposit is made and the amount of the deposit. The municipality
shall not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100 that entire amount shall belong to the applicant and
shall be refunded to him by the Township annually or at the time the
deposit is repaid or applied to the purposes for which it was deposited,
as the case may be, except that the Township may retain for administrative
expenses a sum equivalent to no more than 33 1/3% of that entire
amount, which shall be in lieu of all other administrative and custodial
expenses.
[1972 Code §§ 20-508 — 20-508.4]
All inspection costs shall be determined in accordance with
prevailing hourly rates on file with the Township Engineer and/or
Director of Community Development, including overhead for employees
and including overhead and profit for consultants employed as agents
of or furnishing testing services and reporting to the Township Engineer
and/or the Director of Community Development. Inspection work before
8:00 a.m. or after 4:30 p.m. or on weekends or holidays will incur
overtime costs.
[Amended 5-14-2019 by Ord. No. 19-14]
No final subdivision plat or subdivision deed or final site
plan drawings shall be signed by the appropriate municipal officials
unless the developer has filed with the Township a performance guarantee
assuring the installation and maintenance of all off-tract improvements
which the Township is permitted to require from a developer pursuant
to N.J.S.A. 40:55D-42, as presently enacted and as may be subsequently
amended.
[Amended 5-14-2019 by Ord. No. 19-14]
No final subdivision plat or subdivision deed or final site
plan drawings shall be signed by the appropriate municipal officials
unless the developer has filed with the Township a performance guarantee
assuring the installation and maintenance of all on-tract improvements
which the Township is committed to require pursuant to N.J.S.A. 40-55D-53(a)-(d),
as presently enacted and as may be subsequently amended.
Such performance guarantee shall be in favor of the municipality
in an amount not to exceed 120% of the cost of installation, which
cost shall be determined by the Township Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4. Such performance
guarantee may be in the form of cash, certified check, a performance
bond issued by a bonding or surety company licensed to do business
in the State of New Jersey, or a letter of credit issued by a financial
institution insured by the Federal Deposit Insurance Corporation or
equivalent, which shall conform to the criteria set forth in N.J.S.A.
40:55D-53.5. If either a performance bond or a letter of credit, as
described herein, is employed by the developer, the Director of Community
Development and the Township Attorney shall review the form thereof
to assure that the Township of Piscataway receives the fullest possible
financial protection in all respects. 10% of the total performance
guarantee shall be in cash, letter of credit or certified check payable
to the Township of Piscataway.
Upon substantial completion of all required street improvements
(except for the top course) and appurtenant utility improvements,
and the connection of same to the public system, the developer or
the obligor may request of the Governing Body in writing, by certified
mail addressed in care of the Municipal Clerk, that the Township Engineer
prepare, in accordance with the itemized cost estimate prepared by
the developer and approved by the Township Engineer or his designated
representative and appended to the performance guarantee, a list of
all uncompleted or unsatisfactory completed improvements. If such
a request is made, the developer or obligor shall send a copy of the
request to the Township Engineer. The request shall indicate which
improvements have been completed and which improvements remain uncompleted
in the judgment of the developer/obligor. Thereupon, the Township
Engineer shall inspect all improvements covered by such request and
shall file a detailed list and report, in writing, with the Governing
Body, and shall simultaneously send a copy thereof to the developer/obligor
not later than 45 days after receipt of such request.
The list prepared by the Township Engineer shall state, in detail,
with respect to each improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent of, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. This
report shall identify each improvement determined to be complete and
satisfactory together with a recommendation as to the amount of reduction
to be made in the performance guarantee relating to the completed
and satisfactory improvement in accordance with the itemized cost
estimate appended to the performance guarantee.
The Governing Body, by resolution, shall either approve the
improvements determined to be complete and satisfactory by the Township
Engineer, or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction to be made in the performance guarantee relating
to the improvements accepted, in accordance with the itemized cost
estimate prepared by the developer and approved by the Township Engineer
and appended to the performance guarantee. This resolution shall be
adopted not later than 45 days after receipt of the list and report
prepared by the Township Engineer. Upon adoption of the resolution
by the Governing Body, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those approved
improvements except for that portion adequately sufficient to secure
completion or correction of the improvements not yet approved; provided
that 30% of the amount of the performance guarantee posted may be
retained to ensure completion and acceptability of all improvements.
If the Township Engineer fails to send or provide the list and
report as requested by the obligor within 45 days from receipt of
the request, the developer/obligor may apply to the Superior Court
in a summary manner for an order compelling the Township Engineer
to provide the list and report within a stated time and the cost of
applying to the court, including reasonable attorney's fees, may be
awarded to the prevailing party.
If the Governing Body fails to approve or reject the improvements
determined by the Township Engineer to be complete and satisfactory
or reduce the performance guarantee for the complete and satisfactory
improvements within 45 days from the receipt of the Township Engineer's
list and report, the developer/obligor may apply to the court in a
summary manner for an order compelling, within a stated time, approval
of the complete and satisfactory improvements and approval of a reduction
in the performance guarantee for the approvable complete and satisfactory
improvements in accordance with the itemized cost estimate appended
to the performance guarantee; and the cost of applying to the court,
including reasonable attorney's fees, may be awarded to the prevailing
party.
In the event that the developer/obligor has made a cash deposit
with the municipality or approving authority as part of the performance
guarantee, then any partial reduction granted in the performance guarantee
pursuant to this subsection shall be applied to the cash deposit in
the same proportion as the original cash deposit bears to the full
amount of the performance guarantee.
If any portion of the required improvements is rejected, the
approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section shall be followed.
Nothing herein, however, shall be construed to limit the right
of the developer/obligor to contest by legal proceedings any determination
of the Governing Body or the Township Engineer.
To the extent that any of the improvements have been dedicated
to the municipality on the subdivision plat or site plan, the municipal
Governing Body shall be deemed, upon the release of any performance
guarantee to accept dedication for public use of streets or roads
and any other improvements made thereon according to site plans and
subdivision plats approved by the approving authority, provided that
such improvements have been inspected and have received final approval
by the Township Engineer.
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.
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.
[1972 Code § 20-509; 20-509.1 — 20-509.6-6]
Prior to release of the performance bond, the subdivider shall
file with the Township Engineer "as-built" drawings, in ink, on tracing
cloth, to such scale as required by the Township Engineer accurately
showing the location, profile, size and appurtenances of all storm
drains, catch basins, sanitary sewers and water mains, constructed
within the subdivision.
Upon final acceptance of the improvement by the Governing Body consistent with the procedures as outlined in Section 20-509 above, the developer shall post a maintenance guarantee with the Township in the amount of 15% of the cost of the improvement, said maintenance guarantee to run for a period of two years after final acceptance of the improvement. 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.
[1972 Code § 20-510 — 20-510.2]
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, property or health, 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 Township, which
have been expended to repair or replace any unsatisfactory improvements.
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 Township
Engineer. The obligor shall reimburse the municipality for all reasonable
inspection fees paid to the Township Engineer, his staff or retained
experts for the foregoing inspection for improvements.
[1972 Code § 20-511.1]
The developer shall observe the following requirements and principles
of land subdivision in the design of each subdivision or portion thereof.
[1972 Code § 20-511.1-1]
The subdivision plat shall conform to design standards that
will encourage the most appropriate development pattern within the
township.
[1972 Code § 20-511.1-2]
If the master plan or the official map provides for the reservation
of designated streets, public drainage ways, 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 other areas
to 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 Township shall have entered into a contract
period or extension thereof, the Township 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 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 and the provisions
of this chapter. The provisions of this section shall not apply to
the streets and roads, flood control basins or public drainage ways
necessitated by the subdivision or land development and required for
final approval. Any developer claiming to be entitled under this section
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:
a.
That there has been actual loss to the developer by such temporary
reservation and deprivation of use, and
b.
The amount of compensation which is just in the particular case,
taking into account the factors and criteria outlined in this paragraph
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:
1.
Hold the hearing on any such application by the developer for
compensation under this section 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
2.
Hold the hearing on any such application by a developer for
compensation under this section 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 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
section shall be paid in full to the developer within 90 days of the
date of final determination as to same, or within such further time
or upon such other terms as may be consented to by the developer.
[1972 Code § 20-511.1-2-1]
The arrangement of streets not shown on the master plan or official
map shall be such as to provide for the appropriate extension of existing
streets and, where necessary, in order to promote the orderly flow
of traffic, and for the safety, welfare and convenience of the public,
shall be such as to provide for the appropriate extensions to adjoining
properties.
[1972 Code § 20-511.2-2]
The right-of-way and pavement widths shall be measured from
abutting lot line to abutting lot line and shall not be less than
the following:
a.
Arterial Streets.
R.O.W. 80'-104'-Pavement 44'-66' or 32' either side of grass
median.
b.
Collector Streets.
R.O.W. 60'-66'-Pavement 36'-46'.
c.
Minor, Local and Marginal Access Roads.
R.O.W. 50'-55'-Pavement 20'-32'.
d.
Cul-de-sac or Dead End Turnarounds.
Cul-de-sac or dead end turnarounds shall have a minimum radius
of 40 feet on the curb; right-of-way minimum of 50 feet, and pavement
width of 30'-32'.
See Plate 1 at the end of this chapter.[1]
[1]
Editor's Note: Plates 1 - 6 are included as an attachment to this chapter.
[1972 Code § 20-511.2-3]
Landscaped islands shall be provided where required by the Municipal
Agency. All such islands shall be top-soiled, paved with decorative
pavers for a width of five feet behind the curb, and planted with
creeping junipers spaced three feet off center and trees and shrubs
as specified in the "Typical Landscape Plan - Township of Piscataway"
herewith incorporated as Design Detail 1. "Weed mat" shall be added
at the time of planting, or an approved weed control plan shall be
imposed to be the obligation of the developer. The applicant shall
submit a detailed plan for these islands specifically setting forth
all proposed planting by type, number, location, specie, and planting
size. See Plate 6 at the end of this chapter.[1]
[1]
Editor's Note: Plates 1 - 6 are included as an attachment to this chapter.
[1972 Code § 20-511.2-4]
The right-of-way and pavement widths for internal roads or multi-family,
commercial and industrial developments shall be determined by the
Municipal Agency on an individual basis, and shall in all cases be
of sufficient width and design to safely accommodate the maximum traffic,
parking, loading, and access for emergency equipment, but in no other
case shall the pavement be less than 20 feet in width for two-way
traffic.
[1972 Code § 20-511.2-5]
Subdivisions that adjoin or include existing streets that do
not conform to widths as shown on the master plan or official map
or the street width requirements of this section shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one-side only, 1 1/2 of the required width shall be
dedicated.
[1972 Code § 20-511.2-6]
a.
Grades. Grades of arterial and collector streets shall not exceed
4%. Grades on other streets shall not exceed 10%. No street shall
have a minimum grade of less than 0.5%.
b.
Intersections. Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block
corners at intersections shall be rounded at the curb line with a
curve having a radius of not less than 25 feet.
c.
Jogs. Street jogs with center line offsets of less than 125 feet
shall be prohibited.
d.
Reverse Curves. A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
e.
Connecting Streets. When connecting street lines deflect from each
other at any one point by more than 10° and not more than 45°,
they shall be connected by a curve with a radius of not less than
300 feet for minor streets and 650 feet for arterial and connector
streets.
f.
Grade Changes. All changes in grade shall be connected by vertical
curves sufficient to provide a smooth transition and proper sight
distance.
g.
Dead-end Streets. Dead-end streets (cul-de-sac) shall not be longer
than 1,000 feet and shall provide a turn-around at the end with a
radius of not less than 50 feet. If a dead-end street is of a temporary
nature, a similar turn-around shall be provided and provisions made
for future extension of the street and reversion to the excess right-of-way
to the adjoining properties.
h.
Names. No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
[1972 Code § 20-511.2-7]
No subdivision showing reverse strips controlling access to
streets shall be approved except where the control and disposal of
land comprising such strips has been given to the Governing Body under
conditions approved by the Municipal Agency.
[1972 Code § 20-511.2-8]
Subdivisions abutting arterial streets shall provide a marginal
service road or reverse frontage with a buffer strip for planting,
or some other means of separation of through and local traffic as
the Municipal Agency may determine appropriate.
[1972 Code § 20-511.3-1]
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 the zoning ordinance and to provide adequately for sewage disposal,
convenient access, circulation, control and safety of street traffic.
[1972 Code § 20-511.3-2]
In blocks over 1,000 feet long, pedestrian crosswalks may be
required in locations deemed necessary by the Municipal Agency. Such
walk-way shall be 10 feet wide and may be improved by paving if so
deemed by the Municipal Agency.
[1972 Code § 20-511.3-3]
Block sizes for group housing, business or industrial use shall
be sufficient to meet all area yard requirements for such use.
[1972 Code § 20-511.4-1]
Lot dimensions, front, side and rear yards and total area in
square feet shall not be less than the requirements of the zoning
ordinance.
[1972 Code § 20-511.4-2]
Insofar as is practical, side lot lines shall be at right angles
to streets and radial to curved streets.
[1972 Code § 20-511.4-3]
Each lot must front upon a street and the frontage shall not
be less than required by the zoning ordinance 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.
[1972 Code § 20-511.4-4]
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.
[1972 Code § 20-511.4-5]
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.
[1972 Code § 20-511.4-6]
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 Township Engineer. Such pavement
shall extend to the paved portion of the road. See Plate 2 at the
end of this chapter.[1]
[1]
Editor's Note: Plates 1 - 6 are included as an attachment to this chapter.
[1972 Code § 20-511.4-7]
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.
[1972 Code § 20-511.5-1]
Easements 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 Township Engineer.
[1972 Code § 20-511.5-2]
If the property on which a proposed subdivision is to be located
or is proposed to be transversed by a drainage facility of any kind,
including pipe, a channel or a stream, the Municipal Agency may require
that storm water and drainage easement or right-of-way along the 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 Township Engineer. He shall either require a drainage
structure be removed in part or in its entirety or recommend such
other action to the developer and/or Governing Body as it deems appropriate.
The land which is the subject of an easement or right-of-way shall:
a.
In the case of storm drains or constructed channels, be of suitable
width meeting the requirements for design of drainage facilities,
or
b.
Be a strip which conforms substantially to the flood plain of any
water course along both sides of the water course or extends along
both sides of the water course to a width of 50 feet in each direction
from the center line of the water course whichever is greatest; except,
however, that if the location of such water course 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.
The easement and right-of-way shall include provisions assuring
the following: Preservation of the channel of the water course; 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, prohibition within the boundaries of the
easement and right-of-way of construction which will obstruct or interfere
with the natural flow of the water course; and 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
water course, 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.
[1972 Code § 20-511.5-3]
Conservation easements may be required along drainage, storm water rights-of-way and flood hazard areas in the subdivision and may be required also along all streams or other water courses 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 streams and banks, other water courses 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 storm water 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 the 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. No trees shall be removed without having first obtained a tree removal permit from the Director of Public Works as provided in Chapter 30, Protection of Trees, of the Revised General Ordinances of the Township of Piscataway.
[1972 Code § 20-511.5-4]
Sight easements 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.
[1972 Code § 20-511.5-5]
All utility lines shall be installed in accordance with board
of public utility regulations for undergrounding.
[1972 Code § 20-511.5-6]
Street lights shall be installed as required by the Municipal
Agency.
[1972 Code § 20-511.6]
Conservation, erosion and sediment control shall as a minimum meet the requirements of the Article II of Chapter 26, Soil and the Movement of Soil, of the Revised General Ordinances of Piscataway Township. The applicant shall obtain a land disturbance permit from the Township Engineer prior to the commencement of such disturbance. The following measures shall be included where applicable in the soil erosion and sedimentation control plan:
a.
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.
b.
Stripping, grading or other soil disturbance shall be done in a manner
which will minimize soil erosion.
c.
Whenever feasible, natural vegetation shall be retained and protected.
d.
The extent of the disturbance area and the duration of its exposure
shall be kept within practical limits.
e.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
and other land disturbance.
f.
Drainage provisions shall accommodate increased runoff, resulting
from modified soil and surface conditions during and after development
or disturbance. Such conditions shall be in addition to all existing
requirements.
g.
Water runoff shall be minimized and retained on site whenever possible
to facilitate ground water recharge.
h.
Sediment shall be retained on site.
i.
Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or disturbance.
j.
All necessary soil erosion and sediment control measures installed
under this chapter shall be adequately maintained for one year after
completion of the approved plan or until such measures are permanently
stabilized as determined by the Township Engineer.
k.
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 water courses, and to repair any damage at his
expense as quickly as possible.
l.
Maintenance of all drainage facilities and watercourses within any
major subdivision is the responsibility of the developer until they
are accepted by the Township or other approving agency.
m.
It is the responsibility of any person doing any act on or across
a communal stream, water course, 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 the right-of-way
during the duration of such activity and to return it to its original
or equal condition after such activity is complete.
n.
Maintenance of drainage facilities or watercourses originating and
completely on private property is the responsibility of the owner
to the point of open discharge at the property line or at a communal
watercourse within the property.
o.
No person shall block, divert, disturb, impede the flow of, alter
or construct any structure or deposit any material or thing to commit
any act which will affect normal or flood flow in any communal stream
or watercourse without having obtained prior approval from the Township
of Piscataway and the New Jersey Department of Environmental Protection,
Division of Water Resources.
p.
Right-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 Township or other official agency.
q.
Each person who makes any surface changes shall be required to:
[1972 Code § 20-511.7]
Fire hydrants shall be installed at all locations required by
the Planning Board in light of the recommendations of the Board of
Fire Commissioners and the Township Engineer. They shall be of the
traffic model type as approved by the Township Engineer and shall
be installed not more than 500 feet apart. Such installations shall
be subject to the inspection and approval of the Township Engineer.
[1972 Code § 20-512]
Prior to the granting of final approval of any subdivision, 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 therefore, located outside the property limits of the subdivision or development, but necessitated or required by construction or improvements with such subdivision or development. The provision of off-tract improvements shall be governed by Piscataway Ordinance No. 77-40 entitled "An Ordinance Providing for Contributions for Off-Tract Water, Sewer Drainage and Street Improvements in the Township of Piscataway," adopted September 6, 1977 codified as Chapter 20A.
[1972 Code § 20-601]
The rules, regulations and standards contained in this chapter
shall be considered the minimum requirements for the protection of
public health, safety and welfare of the citizens of the Township.
Any action taken by the Planning Board or Zoning Board under
terms of this chapter 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 impractical or will exact undue hardship,
the Planning Board or Zoning Board may permit such variations or modifications
as may be reasonable and within the general purpose and intent of
the rules and regulation standards established by this chapter.
[1972 Code § 20-701; New]
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 $1,250 and each
lot disposition so made to be deemed a separate violation.
In addition to the penalty set forth above, the Township may
institute and maintain civil action:
[1972 Code § 20-703]
In any such action taken pursuant to this section, 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 the land or within six years if unrecorded.
[1972 Code § 20-801]
If any section, paragraph, subsection, clause or provision of
this chapter shall be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of this
chapter as a whole or any remaining part thereof.
[1972 Code § 20-802]
All sections of the land and subdivision ordinance, zoning ordinance
and any other ordinances of the Township which contain provisions
contrary to the provisions of this chapter shall be and are hereby,
to the extent of such inconsistency repealed.
[1972 Code § 20-803]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Chapter 19A, Land Use Procedures, of the Revised General Ordinances of the Township of Piscataway.
[1972 Code § 20-804]
Immediately upon adoption of this chapter the Township Clerk
shall file a copy of this chapter with the County Planning Board as
required by law.
[1972 Code § 20-805]
This chapter shall take effect immediately upon final adoption
and publication as required by law. (August 15, 1978)
[1972 Code § 20-9]
