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