Township of Scotch Plains, NJ
Union County
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Table of Contents
Table of Contents
[Ord. No. 78-34; Ord. No. 90-23]
This chapter shall be known and may be cited as "The Land Subdivision Ordinance of the Township of Scotch Plains."
All terms used in this chapter shall be as defined in the Zoning Ordinance and the Stormwater Control Ordinance of the Township of Scotch Plains as amended and supplemented.
The purpose of this chapter is to provide rules, regulations and standards to guide the subdivision of land in the Township and to promote the public health, safety, convenience and general welfare of the municipality. It includes standards and requirements which provide for the:
a. 
Preservation of existing natural resources in the subdivision.
b. 
Safe and efficient vehicular and pedestrian circulation.
1. 
Street hierarchy means the conceptual arrangements of streets based upon function. A hierarchical approach to street design classifies streets according to function from high traffic arterial roads to streets whose function is residential access.
c. 
Provisions ensuring:
1. 
Consistency of the layout or arrangement of the subdivision or land development with the requirements of the zoning ordinance;
2. 
Streets in the subdivision or land development of sufficient width and suitable grade and suitably located to accommodate anticipated traffic and to provide access for firefighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the Official Map, if any, and the circulation element of the master plan, if any, provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width or already has been shown on the master plan at the greater width, or already has been shown in greater width on the Official Map;
3. 
Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants;
4. 
Suitable size, shape and location for any area reserved for public use pursuant to C. 40:55D-44 and subsection 22-2.4 of this chapter.
5. 
Reservation of land pursuant to C. 40:55D-43 and subsection 22-2.4 to be set aside for use and benefit of the residents of a planned development resulting from the application of standards of density or intensity of land contained in the Zoning Ordinance of the Township of Scotch Plains.
6. 
Regulation of land designated as subject to flooding pursuant to the Zoning Ordinance and the Stormwater Control Ordinance of the Township of Scotch Plains to avoid danger to life or property; and
7. 
Protection and conservation of soils from erosion by wind, water, excavation or grading.
d. 
Regulations governing standards for grading, improvement and construction of streets or drives, sidewalks, curbs, gutters, streetlights, shade trees, fire hydrants, water drainage and sewer facilities and other improvements as shall be found necessary and provisions ensuring that such facilities shall be completed either prior to or subsequent to final approval of the subdivision;
e. 
Provisions ensuring that the subdivision shall conform to the applicable provisions of the zoning ordinance; and other applicable ordinances of the Township;
f. 
Provisions ensuring performance in substantial accordance with the final development plan; provided that the approving authority may permit a deviation from the final plan if caused by a change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the master plan and zoning ordinance.
The provisions of this chapter shall be administered by the Scotch Plains Planning Board in accordance with Chapter 291, P.L. 1975, except where the zoning board of adjustment shall have jurisdiction over a subdivision pursuant to the provisions of the aforesaid statute and pursuant to Ordinance Number 76-33 of the Township of Scotch Plains entitled, "An Ordinance of the Township of Scotch Plains Establishing a Planning Board and Zoning Board of Adjustment Pursuant to the Provisions of Chapter 291 Laws of New Jersey, 1975; Providing for the Powers of said Boards, Fixing the Procedures Governing Applications to said Boards and Appeals Therefrom, and Providing for the Continuance of Existing Ordinances."
[Ord. No. 78-34; Ord. No. 90-23; Ord. No. 17-2008]
a. 
The rules, regulations and standards set forth in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the approving authority under the terms of this chapter shall give primary consideration to such matters and to the welfare of the entire community.
b. 
The approving authority when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval pursuant to C. 40:55D-51, if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
In the event that, during the period of approval heretofore or hereafter granted to an application for subdivision, the subdivider is barred or prevented, directly or indirectly from proceeding with the subdivision otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the subdivider is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter or any ordinance repealed by this chapter, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the approving authority shall process such application for development in accordance with this subdivision chapter, and, if such application for development complies with this subdivision chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall in appropriate instances condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority shall make a decision on any application for development within the time period provided in C.40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant unless the approving authority is prevented or relieved from so acting by the operation of law.
In the event of an application for density zoning or residential cluster, the Township council may at any time, and from time to time, accept the dedication of any land reserved for open space or any interest therein for public use and maintenance. In the event said open space is not dedicated to the Township, the developer shall provide for an organization for the ownership and maintenance of such open space for the benefit of owners or residents of the development, Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township.
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Township Engineer may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Township Engineer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiency set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township Engineer shall upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days written notice to such organization and to the owners of the development, to be held by the Township Engineer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Engineer shall determine that such organization is ready and able to maintain such open space in reasonable condition, the Township shall cease to maintain said open space at the end of the year. If the Township Engineer shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Engineer in any such case shall constitute a final administrative decision subject to judicial review.
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of this lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers in the same manner as other taxes.
If the master plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins, parks, or other public areas within the proposed development, before approving a subdivision, the approving authority may further require that such streets, ways, basins, parks or areas be shown on the plan in locations and sizes suitable to the intended uses. The approving authority may reserve the location and extent of such streets, ways, basins or areas shown on the plan 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 to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins, parks, 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 section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the sub-division and required for final approval.
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 pro-rated 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 caused by the reservation.
Upon the submission to the approving authority of an application for development showing development proposed for an area reserved on the master plan (or Official Map), the secretary of the approving authority shall notify the Township council in writing of such application and that the approving authority intends to grant approval for said development in the reserved area unless the Township council notifies the approving authority prior to the date for final approval that it intends to reserve the area in question and will provide compensation to the developer for such reservation. Such notice of intent to reserve shall be in the form of a resolution by the Township council. The Township council shall thereupon proceed either to reach an agreement with the developer as to the amount of compensation to be paid for such reservation, or negotiate a purchase price for said reserved area. Upon the Township council arriving at the amount to be paid to the developer by way of compensation for reservation or purchase, said amount shall be deposited in escrow for the benefit of the developer.
The approving authority shall have the power to review and approve or deny conditional uses or subdivisions simultaneously with review for site plan approval without the developer being required to make further application to the approving authority, or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for the subdivision, conditional use, or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.
A condition of any approval granted by the approving authority shall be that no taxes or assessments for local improvements are due or delinquent on the property for which subdivision approval is sought.
[Ord. No. 78-34]
The approving authority may waive notice and public hearing for an application for subdivision if the approving authority or subdivision committee of the Board appointed by the Chairman find that: (a) the application for subdivision conforms to the definition of minor subdivision; and/or (b) the application is for final approval pursuant to C. 40:55D-50.
Rules governing hearings, notices and appeals shall be found in Ordinance Number 76-33 of the Township of Scotch Plains entitled: "An Ordinance of the Township of Scotch Plains Establishing a Planning Board and Zoning Board of Adjustment Pursuant to the Provisions of Chapter 291, Laws of New Jersey, 1975; Providing for the Powers of said Boards, Fixing the Procedures Governing Applications to Said Boards, and Appeals Therefrom and Providing for the Continuance of Existing Ordinances."
[Ord. No. 78-34; Ord. No. 85-31; Ord. No. 89-2; Ord. No. 90-23; Ord. No. 98-31]
Prior to the granting of a subdivision, or a subdivision involving a variance, that can be granted by the Planning Board in accordance with 40:55D-60, a development plan shall be submitted to the secretary to the Planning Board for its review and approval by resolution under this chapter; provided that the resolution of the zoning board of adjustment shall substitute for that of the Planning Board whenever the zoning board of adjustment has jurisdiction over a sub-division pursuant to Township ordinances.
Applicants for preliminary subdivision approval are encouraged to submit for review to the administrative officer, plans for informal discussion and recommendations. Said informal subdivision plat shall be used as a basis for changes and redesign to avoid undue expense and delay in preparing more detailed plans and specifications. The administrative officer shall not be governed by any statutory time limits in his review of said informal subdivision plat and it is expressly understood that compliance with the administrative officer's recommendations shall not bind the approving authority in subsequent deliberations.
Neither the approving authority nor the developer shall be bound by any discussions of statements made during such informal review; provided that the right of the developer at any time to submit a complete application for subdivision approval shall not be limited by his submission of an informal subdivision plat and the time for the approving authority's decision shall not begin to run until the submission of a complete application.
a. 
The applicant shall submit to the secretary to the Planning Board, at least 20 copies of the subdivision plat, together with such application forms and the required fees as well as five copies of any additional engineering documents as required by the Planning Board. If the application is to be heard by the zoning board of adjustment, the required number of plats applications and fees shall be submitted to the secretary to the zoning board of adjustment in accordance with Chapter 19, Land Use Procedures. However, prior to the submission of the subdivision plat, the developer may request a discussion with the approving authority on the basis of an informal subdivision plat, with any conclusions reached not to be binding, and with notice and hearing requirements not applying. The time for the approving authority's formal review shall not begin to run until the submission of a complete application with the required fees.
b. 
The secretary to the approving authority shall transmit a copy to the Township Engineer.
c. 
Copies of the subdivision plat shall be forwarded by the secretary to the approving authority prior to the meeting of the respective board, to the following agencies for review and report and where required, approval as follows:
Union County Planning Board
Township Engineer
Department of Health
Plumbing Subcode Official
Police Department
Fire Department
Zoning Department
Department of Public Properties
Township Clerk
Tax Collector
d. 
If the subdivision review committee of the approving authority advises the approving board that the application is complete, the developer shall be notified as to the date of the next available meeting of the approving authority at which time the application will be considered and public hearing held thereon. The applicant shall give notice to all persons entitled to notice of the hearing on the application in accordance with Chapter 19, Land Use Procedures. Public notice shall be given by publication in the official newspaper of the municipality at least ten days prior to the date of the hearing.
e. 
If the proposed development complies with this chapter and C. 40:55D-37, the Planning Board, shall, following public hearing grant preliminary subdivision approval. If the application for development is under the jurisdiction of the zoning board of adjustment, the hearing, review, and approval procedures shall be included with and subject to the same requirements as for zoning variance.
f. 
Upon the submission of a complete application for subdivision of ten lots or less, the approving authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for subdivision of more than ten lots, the approving authority shall grant or deny the preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Failure to act within the time limits established shall be deemed to be a granting of preliminary approval of the subdivision.
g. 
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, C. 285 (C. 40:27-6.6), the Township approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
a. 
Preliminary approval of a subdivision shall, except as provided in subsection 22-4.4a, 3 confer upon the applicant the following rights for a three year period from the date of preliminary approval:
1. 
That the general terms and conditions on which preliminary subdivision 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; and any requirements peculiar to such preliminary subdivision approval. However, 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.
2. 
That the applicant may submit for final approval on or before the expiration date of preliminary subdivision approval, the whole or a section or sections of the preliminary subdivision plat.
3. 
In the case of a subdivision for an area of 50 acres or more, the reviewing board may grant the rights referred to in subsections 1 and 2, above for such period of time longer than three years, as shall be determined by the reviewing board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board 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, (3) economic conditions and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
b. 
That the applicant may apply for and the approving authority may grant extensions on such preliminary subdivision 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.
a. 
The approving authority shall grant final approval of a subdivision if detailed drawings, specifications and estimate of improvements of the application for final subdivision conform to the standards established by this chapter for final approval, the conditions of preliminary approval and the standards prescribed by the "Map Filing Law," P.L. 1960 c. 141 (C. 46:23-9.9 et. seq.) provided that in the case of a planned unit development, planned unit residential development, or residential cluster, the approving authority may permit minimal deviations from the conditions of preliminary subdivision approval necessitated by change of conditions beyond the control of the developer since the date of preliminary subdivision approval without the developer being required to submit another application for development for preliminary approval.
b. 
Final subdivision approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final subdivision approval and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
c. 
Whenever review or approval of the application by the county Planning Board is required by Section 5 of P.L. 1968, c. 285 (C. 40:27-6.3), the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county Planning Board or approval by the county Planning Board by its failure to report thereon within the required time period.
d. 
The approving authority shall, within the applicable time period set forth in this chapter, after public meeting approve the application for final subdivision approval with or without conditions; provided that the following requirements are met:
1. 
That detailed drawings meet all applicable codes and ordinances; and the "Map Filing Law";
2. 
The final plans are substantially the same as the approved preliminary subdivision plat;
3. 
All improvements have been installed or bonds posted to ensure the installation of improvements;
4. 
The applicant agrees in writing to all conditions of final approval;
5. 
Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.
a. 
Before recording of final subdivision plats or as a condition to the issuance of a zoning permit pursuant to C.40-55D-65, the approving authority shall require and shall accept in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of all improvements:
1. 
A performance guarantee in favor of the Township of Scotch Plains in an amount not to exceed 120 percent of the cost of installation of required improvements it may deem necessary including: streets, grading, fill, pavement, surveyors monuments, gutters, curbs, sidewalks, streetlighting, shade trees, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, on site detention-retention systems, erosion control, and sedimentation control devices and public improvements of open space; provided that no more than ten percent of the total performance guarantee shall be required to be in cash, and the balance shall be in the form of a bond from a bonding company licensed to conduct business in the State of New Jersey, or an irrevocable unconditional letter of credit, or other form as may be approved by the approving authority's attorney. Nothing herein shall preclude the applicant from posting a guarantee consisting solely of cash, but no applicant shall be required to post more than ten percent of such guarantee in cash. A letter of credit shall be for such term as required by the Township Engineer and shall be renewable for such additional terms as required by the Township Engineer. All such guarantees shall be subject to the review and approval of the Township Attorney and Township council for form and substance.
The Township Engineer shall review the cost estimate for the subdivision improvements required in subsections 22-5.1oo and 22-5.2b, 16(mm) to ascertain that it is in keeping with current public bid costs for such work. Upon the Township Engineer's approval of the cost estimate, with revisions if necessary, it shall be the basis for determining the amount of the performance guarantee, maintenance guarantee, and construction and final inspection escrow required by the approving authority.
2. 
Provision for a maintenance guarantee to be posted with the Township council for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15 percent of the cost 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 performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
b. 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township council by resolution. As a condition, or as part of any such extension, the amount of any performance guarantee shall be increased or reduced as the case may be, to an amount not to exceed 120 percent of the cost of the installation as determined as of the time of the passage of the resolution.
c. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements.
d. 
When all of the required improvements have been completed, the obligor shall notify the Township council in writing, by certified mail addressed in care of the municipal Clerk of the completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all improvements and shall file a detailed report in writing, with the Township council indicating either approval, partial approval, or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
e. 
The Township council shall either approve, partially approve, or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said Township council with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements.
Failure of the Township council to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvement and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee.
f. 
If any portion of the required improvements are rejected, the Township council may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.
g. 
At the time any performance or maintenance guarantee is deposited with the Township, and as a requirement to the acceptance of any such guarantee, the obligor shall provide all information requested by the Township Engineer (or other engineer retained by the Township) to enable the Township Attorney to prepare a performance bond or maintenance bond agreement and other documents.
h. 
The cost of all inspections of the subdivision improvements shall be borne by the developer, with the fee for such inspection costs being in accordance with subsection 19-3.4.
a. 
The installation of improvements as approved in the final subdivision shall be subject to inspection by the Township Engineer, and final approval shall be revoked if there is a significant deviation from the subdivision as approved.
b. 
Performance and maintenance guarantees shall be released upon the approval by the Township council upon the recommendation of the Township Engineer.
c. 
All improvements shall be completed in a timely manner so as not to leave the subdivision in an unfinished or unsightly condition, as determined by the Township Engineer, and if this is not done the final approval shall be deemed to be revoked, and the performance and maintenance bonds may be used by the Township to restore the subdivision to an acceptable condition.
a. 
The zoning requirements applicable to preliminary approval first granted and all other rights conferred upon the developer pursuant to subsection 22-4.4 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period specified in subsection 22-4.9 of this chapter. If the developer has followed the standards prescribed for final subdivision approval, and, has duly recorded the plat as required in this chapter, the approving authority 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 subdivision approval terminates the time period of preliminary subdivision approval pursuant to subsection 22-4.4 of this chapter for the section of the subdivision granted final approval.)
b. 
In the case of a subdivision for a planned development of 50 acres or more or conventional subdivision for 150 acres or more, the approving authority may extend the rights granted under final approval for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the approving authority may thereafter grant, an extension of final subdivision approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under final approval (2) the number of dwelling units and nonresidential floor area remaining to be developed (3) economic conditions and (4) the comprehensiveness of the development.
a. 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
Upon approval of the final plat of a major subdivision and prior to execution by the Township Engineer, the applicant shall submit one Mylar reproducible drawing of the final plat, which drawing shall be at the same scale(s) of the corresponding Tax Map(s) of the Township.
b. 
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairman and secretary of the approving authority or a certificate has been issued pursuant to C. 40:55D-1 et seq. The signatures of the Chairman and secretary of the approving authority shall not be affixed until the developer has posted the guarantees required pursuant to subsection 22-4.6 of this chapter. If the county recording officer records any plat without such approval, such recording shall be deemed null and void and upon request of the Township of Scotch Plains, the plat shall be expunged from the official records.
a. 
Minor subdivision approval shall be deemed to be final approval of the subdivision by the approving authority; provided that the approving authority may condition such approval on terms ensuring the provision of improvements in accordance with C. 40:55D-1 et seq.
b. 
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing of subdivision plats.
c. 
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law," P.L. 1960, c. 141 (C. 46:23-9.9 et. seq.) or a deed clearly describing the approved minor subdivision is filed by the applicant with the county recording officer, the municipal engineer and the municipal Tax Assessor.
d. 
Any such plat or deed accepted for such filing shall have been signed by the Chairman and secretary of the approving authority and the Township Engineer.
e. 
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 in this section.
[Ord. No. 78-34; Ord. No. 89-2; Ord. No. 90-23]
The minor subdivision plat shall be clearly and legibly drawn or reproduced at a scale of not less than 1" = 200' and shall be drawn or certified by a licensed New Jersey land surveyor or engineer. It shall include or be accompanied by, but not limited to, the following information and shall satisfy the following requirements:
a. 
Proper sheet size, preferably 30" x 42" or 24" x 36."
b. 
Scale (not less than one inch equals 200 feet).
c. 
Entire tract must be shown.
d. 
Name of owner.
e. 
Names of all adjoining owners.
f. 
Portion to be subdivided.
g. 
Existing structures and wooded areas within 100 feet.
h. 
Existing and proposed elevations and contours (two foot intervals) with spot elevations at lot corners and proposed first floor elevation of finished structures.
i. 
Date.
j. 
Streets or roads within 200 feet.
k. 
Streams within 200 feet.
l. 
Key map showing the location of the area to be subdivided in relationship to the surrounding area and within the community.
m. 
Proposed lot layout, lot dimension and lot areas.
n. 
Easements.
o. 
When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the Department of Health. When a public sewage disposal is not available, the developer shall have percolation tests made and submit the results with the minor subdivision plat. Any subdivision which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome the situation shall first be approved by the Department of Health.
p. 
A copy of any restrictive covenants or deed restrictions applying to the land being subdivided shall be submitted with the minor subdivision plat.
q. 
Provisions for proper endorsement of the applicant, owner, approving authority Chairman and secretary, and Township Engineer.
r. 
Block and lot numbers and zone (s) where located.
s. 
Name and address of person who prepared the map.
If improvements are proposed, or if land is located within a flood hazard area, the following information will be required:
aa. 
Appropriate extensions of existing street.
bb. 
Minimum building setback lines.
cc. 
Street plan and profiles attached, including those within 200 foot radius of subdivision (existing and proposed)
dd. 
Street cross sections.
ee. 
Plans and profiles of existing and proposed storm sewers, stormwater retention/detention with calculations and supporting data.
ff. 
Plans and profiles of proposed sanitary sewers and/or disposal field with supportive calculations and data.
gg. 
Plans and profiles of drainage ditches and streams.
hh. 
Locations, sizes, capacities, etc., of existing sanitary sewers, and storm sewers to which connections are planned.
ii. 
Location, size, and type of all existing and proposed utility lines and structures, including, but not limited to, telephone, electric, water, sanitary sewer, gas, and cable television, and letters from each utility company or agency that the facilities are adequate to serve the proposed development.
jj. 
Additional dedication as appropriate along existing streets of nonconforming rights-of-way.
kk. 
Sewerage and storm drainage easements (minimum 15 feet in width, but subject to change by approving authority).
ll. 
Approval of Soil Conservation Service.
mm. 
Permit(s) from Department of Environmental Protection, Division of Water Resources.
nn. 
Permit (s) from Department of Transportation.
oo. 
A complete list of the subdivision improvements, except principal and accessory buildings, by item, the quantities thereof to be constructed, and their probable construction cost.
a. 
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than 1" = 50'. The preliminary plat shall be designed by either a licensed New Jersey land surveyor or engineer, architect or professional planner, who is authorized by licensing law to do so. The accuracy of property lines and other boundaries shall be certified by a licensed New Jersey land surveyor or engineer. The plat shall be designed in compliance with the provisions of section 22-6.
b. 
At least 20 black-on-white prints of the preliminary plat, together with three completed application forms for preliminary approval shall be submitted to the approving authority secretary. The preliminary plat shall include or be accompanied by, but not limited to, the following information:
1. 
Proper sheet size, preferably, 24 inches x 36 inches or 30 inches x 42 inches.
2. 
Key map showing entire subdivision and its relationship to the surrounding area.
3. 
Provisions for proper endorsements of the applicant, owner, approving authority Chairman and secretary, and Township Engineer.
4. 
Scale (not less than one inch equals 50 feet).
5. 
Tract name.
6. 
Tax Map identification (sheet number, lot and block number).
7. 
Date.
8. 
Reference meridian.
9. 
Graphic scale.
10. 
Name and address of subdivider, record owner and person preparing the map.
11. 
Acreage of tract (to nearest tenth of acre).
12. 
Existing and proposed elevations and contours (two foot intervals) with spot elevations at lot corners. (U.S. G.S. Bench).
13. 
Lot layouts, dimensions and areas indicated.
14. 
Copies of deed restrictions or restrictive covenants (if they exist) attached.
15. 
Existing and proposed:
(a) 
Property lines.
(b) 
Streets.
(c) 
Buildings.
(d) 
Railroads.
(e) 
Bridges.
(f) 
Natural features (wooded areas, rock formations, etc.) and proposed shade trees.
(g) 
Appropriate extensions of existing street.
(h) 
Minimum building setback lines.
16. 
Improvement plan details:
(a) 
Street plan and profiles attached, including those within 200 foot radius of subdivision (existing and proposed).
(b) 
Street cross sections.
(c) 
Plans and profiles of existing and proposed storm sewers, stormwater retention/detention with calculations and supporting data.
(d) 
Plans and profiles of proposed sanitary sewers and/or disposal field with supportive calculations and data.
(e) 
Plans and profiles of drainage ditches and streams.
(f) 
Locations, sizes, capacities, etc. of existing sanitary sewers and storm sewers, to which connections are planned.
(g) 
Utility plan.
(h) 
Arterial streets 60-66 feet; paved width 40-46 feet.
(i) 
Primary streets 60 feet; paved width 40 feet.
(j) 
Minor streets 50 feet; paved width 30-36 feet, according to zone.
(k) 
Secondary streets 60 feet; paved width 40 feet in industrial zone, elsewhere according to zone.
(l) 
Additional dedication as appropriate along existing streets of nonconforming rights-of-way.
(m) 
Grades of all streets - not over ten percent.
(n) 
Lot lines on appropriate streets.
(o) 
Public use and service areas.
(p) 
Natural features and views preserved where possible in the subdivision design.
(q) 
No street grade less than one-half of one percent.
(r) 
Street intersections; right angles where possible, otherwise not less than 60 degrees.
(s) 
Block corners at intersections rounded at property line (radius not less than 20 feet).
(t) 
Necessary street jogs more than 125 feet (at intersections).
(u) 
Tangent of 100 feet between reverse curves on arterial or collector streets.
(v) 
Blocks not more than 1000 feet long, between 200 and 500 feet in depth according to zone, and culs-de-sac not more than 1000 feet long.
Cul-de-sac length shall be measured from the point where the right-of-way line of the nearest intersecting street meets the right-of-way line of the cul-de-sac, to the farthest end of the R.O.W. line of the cul-de-sac extending beyond the paved road surface.
(w) 
Deflection angles of streets less than 45 degrees connected by curves with radii not less than 100 feet for minor streets and 300 feet for arterial or collector streets.
(x) 
Changes of grade connected by vertical curves.
(y) 
Temporary turnaround, if required, minimum 40 feet paved radius.
(z) 
Location of sidewalks.
(aa) 
Blocks conform to ordinance.
(bb) 
Lots conform to zoning ordinance.
(cc) 
Lot lines at right angles to straight streets and radial to curved streets, where possible.
(dd) 
Sewerage and storm drainage easements (minimum 15 feet in width, but subject to change by Planning Board).
(ee) 
Provision for proper endorsements of the approving authority Chairman and secretary, and the Township Engineer.
(ff) 
Approval of Soil Conservation Service.
(gg) 
Permit(s) from Department of Environmental Protection, Division of Water Resources; plan shall conform to the requirements of the flood control ordinance.
(hh) 
Permit(s) from Department of Transportation.
(ii) 
Location and results of percolation tests where a public sewage disposal system is not available. No subdivision or part thereof shall be approved where results of said percolation tests do not meet with the established requirement of this chapter or other applicable ordinances or regulations, nor shall any subdivision or part thereof be approved where other physical characteristics of the land would cause septic conditions unhealthy to the public, or contrary to the requirements of this chapter or other applicable ordinances, laws or regulations. Any remedy proposed to overcome such situations or conditions shall first be approved by the Department of Health.
(jj) 
Plans for individual sewage disposal system, where same is proposed. Said plans shall be approved by the appropriate local or State health agency.
(kk) 
If the development of the subdivision or improvements within the subdivision are contingent upon information outside the boundaries of said subdivision, such information shall be supplied by the subdivider.
(ll) 
A copy of any restrictive covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(mm) 
A complete list of the subdivision improvements, except principal and accessory buildings, by item, the quantities thereof to be constructed, and their probable construction cost.
The submission of the final plat shall consist of the original tracing, two Mylar prints, and two cloth prints or translucent prints. In addition, one sepia of the approved preliminary subdivision drawings shall be submitted. The scale shall be not less than one inch equals 100 feet in compliance with all the provisions of Chapter 358 of the Laws of New Jersey of 1953. The final plat shall show or be accompanied by the following:
a. 
Proper sheet size as required by the Map Filing Law (8-1/2" x 13," 30" x 42," 24" x 36," or 15" x 21," as measured from the cutting edges).
b. 
Acreage of section from total acreage and remaining acreage.
c. 
Scale (not less than one inch equals 100 feet).
d. 
Seal of professional preparing plat as required by State law.
e. 
Date.
f. 
Name and location of subdivision.
g. 
Name of owner.
h. 
Graphic scale.
i. 
Reference meridian.
j. 
Tract boundary lines and acreage shown.
k. 
Right-of-way lines of streets as per statutes.
l. 
No duplication or similarity with existing street names.
m. 
Easements and other rights-of-way and purposes of easements.
n. 
Each block shall be numbered and the lots within each block shall be numbered consecutively and the zone(s) in which located.
o. 
Purpose of land reserved or dedicated to public use.
p. 
Lot lines as per statutes.
q. 
Other site lines, minimum building setback lines on all lots and other sites.
r. 
Location and description of all monuments.
s. 
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.
t. 
Certification that the applicant is agent or owner of the land, or that the owner has given consent under an agreement.
u. 
Title policy certifying that the streets are free and clear of all encumbrances.
v. 
Paid tax bill through the next half year.
[Ord. No. 78-34; Ord. No. 87-6; Ord. No. 88-31; Ord. No. 89-2; Ord. No. 89-4; Ord. No. 90-23; Ord. No. 93-30; Ord. No. 94-26; Ord. No. 95-5]
After the granting of preliminary approval, but before final approval, the subdivider shall have installed or shall have furnished performance guarantees together with a satisfactory time schedule for the completion of improvements as specified by this chapter with relation to the construction and occupancy of the buildings, to which schedule the issuance of certificates of occupancy shall be related.
Pavements, curbing and sidewalks shall be installed as required in the "Schedules for Pavements, Curbing and Sidewalks." Types of pavements and curbing set forth in the schedule shall conform to the sizes and dimensions shown on the plats approved by the Township of Scotch Plains and filed in the office of the Township Engineer.
a. 
Schedules for Pavements, Curbing and Sidewalks.
Zone*
Width
Pavement Thickness
Curbing
Sidewalks
R-1
30 ft.
12 inch thick Composition 4" - Type 5 Class A
6" - mix No. 1 2" - mix No. 5
granite block
four feet wide along all arterial streets and along all other streets as required by the approving authority.
R-2
30 ft.
12 inch thick Composition 4" - Type 5 Class A
6" - mix No. 1 2" - mix No. 5
granite block
four feet wide along all arterial streets and along all other streets as required by the approving authority.
R-2A
28 ft.
8 inch thick
granite
not required.
R-2B
Composition
block
R-2C
6" - mix No. 1
curb
2" - mix No. 5 Class A
R-2D
30 ft.
2" - mix No. 5 6" - mix No. 2 4" - Type 5 Class A
granite block
not required.
R-3
30 ft.
12 inch thickness Composition 4" - Type 5 Class A 6" - mix No. 1 2" - mix No. 5
granite block
four feet wide both sides.
R-3A
30 ft.
12 inch thickness Composition 4" - Type 5 Class A 6" - mix No. 1 2" - mix No. 5
granite block
four feet wide both sides.
B-1 B-1A B-2 B-3
36 ft.
14 inch thickness Composition 4" - Type 5 Class A 5" - mix No. 1 3" - mix No. 2 2" - mix No. 5
granite block
concrete from curb to building line both sides of street.***
M-1 M-2
40 ft.
14 inch thickness Composition 4" - Type 5 Class A 5" - mix No. 1 3" - mix No. 2 2" - mix No. 5
granite block curb
four feet wide both sides of street.
*The zones herein refer to the respective zones as shown and established on the Zoning Map of the Township of Scotch Plains.
**At the discretion of the approving authority, sidewalks shall be constructed of concrete or macadam and shall be compatible with existing sidewalks in the area.
***In the B-2 Zone, the approving authority shall require the installation of all brick or combination of concrete and brick walkways.
b. 
Streets.
1. 
The arrangement of streets now shown on the master plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
2. 
Minor streets shall be so designed as to discourage through traffic.
3. 
Subdivision 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 Planning Board may determine appropriate.
4. 
The right-of-way width shall be measured from lot line to lot line and shall be as follows:
(a) 
Arterial and collector streets as indicated on the master plan and Official Map.
(b) 
All others shall be a minimum of 50 feet, except in the R-2A Zone the minimum right-of-way width shall be 30 feet, and in the R-2B Zone the minimum right-of-way width shall be 36 feet.
5. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the approving authority.
6. 
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 chapter shall dedicate additional widths along either one or both sides of said road. If the subdivision is along one side only, one-half of the required extra width shall be dedicated.
7. 
Grades on all streets shall not exceed ten percent. No street shall have a minimum grade of less than one-half of one percent.
8. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60 degrees. The block corners at inter-sections shall be rounded at the street line with a curve having a radius of not less than 20 feet.
9. 
Street jogs with center line offsets of less than 125 feet shall be prohibited.
10. 
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
11. 
When connecting street lines deflect from each other at any one point by more than ten degrees and not more than 45 degrees they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
12. 
All changes in grade shall be connected by vertical curves sufficient to provide a smooth transition and proper sight distance.
13. 
Dead-end streets (culs-de-sac) shall not be longer than 1000 feet and shall provide a turnaround at the end with a radius of not less than 60 feet of which a minimum 50 feet radius width shall be paved. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for the future extension of the street and reversion of the excess right-of-way to the adjoining properties. Cul-de-sac length shall be measured in accordance with Section 22-5.2b, 16(v).
14. 
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.
c. 
Blocks.
1. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning ordinance and to provide for convenient access, circulations, control and safety of street traffic. In general, block lengths shall not exceed 1,000 feet in areas of concentrated development.
2. 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
d. 
Lots.
1. 
Lot dimensions and area shall not be less than the requirements of the zoning ordinance.
2. 
Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.
3. 
Each lot must front upon an approved street at least 50 feet in width, except in the R-2A zone the minimum street width shall be 30 feet, and in the R-2B zone the minimum street width shall be 36 feet.
4. 
Where extra width has been dedicated for widening of existing street, lots shall begin at such extra width line and all setbacks shall be measured from such line.
5. 
Where there is a question as to the suitability of lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the approving authority may, after adequate investigation, withhold such approval of such lots.
Provisions shall be made for storm-water drainage, sanitary sewage and utilities. All such installations shall be connected with an approved system and shall be adequate for all present and probable future development, and shall be made according to the standard requirements and specifications of the Township of Scotch Plains.
a. 
Sanitary sewers and appurtenances shall be installed and connected in accordance with the sanitary sewer ordinances of the Township of Scotch Plains. 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 Department of Health.
b. 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm-water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Easement width shall be determined by the Township Engineer.
Appropriate street signs shall be installed at all street intersections and shall be of a type specified by the Scotch Plains Department of Public Property.
Appropriate streetlights shall be installed where designated by the engineering director and/or public works director. Catalog cuts or shop drawings of lighting fixtures shall be submitted to the Township Engineer.
Shade trees shall be provided on each side of every street along the street line at intervals not exceeding 50 feet. Trees shall be at least two inches in caliper measured six inches above ground level, and not less than 12 feet in height. Trees shall be a single stem, and shall be free of branches approximately 60 percent of their height. The height of branching shall bear an appropriate relationship to the size and kind of tree, so that the crown will be in good balance with the trunk as the tree grows. Trees of the following species shall be required:
Species
Botanical Name
Common Name
Comment
Acer Platanoides 'Crimson King'
Crimson King Norway Maple
Maroon Leaf Color
Acer Platanoides Erectrum'
Mount Hope Norway Maple
Acer Platanoides 'Schwedleri'
Schwedler Norway Maple
Purple Leaf Color
Acer Platanoides 'Summer Shade'
Summershade Norway Maple
Acer Rubrum 'October Glory'
October Glory Red Maple
Wet Site Tolerant
Acer Rubrum 'Scanlon'
Scanlon Red Maple
Wet Site Tolerant
Acer Saccharum
Sugar Maple
Acer Saccharum 'Columnaris'
Columnar Sugar Maple
Acer Saccharum 'Green Mountain'
Green Mountain Sugar Maple
Pyrus Calleryana 'Bradford'
Bradford Callery Pear
Quercus Rubra
Red Oak
Tilia Cordata
Little Leaf Linden
Tilia Cordata 'Greenspire'
Greenspire Little Leaf Linden
Zelkova Serrata 'Village Green'
Village Green Zelkova
Dry Site Tolerant
a. 
In the event that one or more trees meeting all of the above standards already exist within ten feet of a proposed street tree as outlined above, no additional tree need be planted. Existing trees shall be healthy and have root structure at finished grade level.
b. 
Trees shall be staked immediately after planting, with cedar stakes approximately eight feet long with a diameter of approximately two inches at the top and three inches at the bottom. Stakes shall be set in a line parallel to the edge of the pavement, and shall be driven into the ground without injury to the tree roots. Hose, three-fourths inch in diameter shall be placed around the tree trunk near the top of the stakes to prevent damage to the tree by the supporting wires. Use twelve-gauge wire between stake and tree, drawing wire through protective hose and attaching to top of stake.
Monuments of the size and shape required by Section 4 of Chapter 358 of the Laws of New Jersey of 1953 shall be placed in accordance with said statute.
Topsoil moved during the course of construction shall be redistributed so as to provide at least four inches of cover to all areas disturbed and shall be stabilized by seeding or planting.
All improvements installed (except electric, gas, water, telephone and cable television lines) shall be subject to inspection and approval by the Township Engineer, and the cost of the inspection shall be borne by the developer, with the fee for such inspection costs being in accordance with Chapter 19, subsection 19-3.4.
A subdivider shall request the servicing electric and telephone utility to install its distribution supply lines, transformers, service and streetlighting supply facilities underground in accordance with its specifications and 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 Planning Board a written instrument from each servicing utility which shall evidence its disposition of the request. If approved by the utility, the subdivider shall, if so directed by the approving authority, arrange with the utility for such underground installation.
a. 
Before any developer, his contractor or agents shall install any of the above required improvements, said developer, his contractor or agents must be approved and accepted by the Township of Scotch Plains for competency and previous experience.
b. 
All construction stakes and grades thereon shall be set by a licensed land surveyor or a professional engineer in the employ of the developer or his contractor and a duplicate copy of the notes or cut sheets therefrom shall be filed with the Township Engineer prior to construction.
c. 
No construction work shall commence without the Township Engineer being properly notified. Such notice shall be given at least one week before said commencement of work.
d. 
The standard specifications of the Township of Scotch Plains, as now or hereafter adopted, shall govern the construction and installation of all of the above improvements. Failure of the developer, his contractor or agents to conform to said specifications will be just cause for suspension of the work being performed, and no person, firm or corporation shall have the right to demand or claim damages from the Township of Scotch Plains, its officers, agents or servants or employees, by reasons of such suspension.
a. 
The approving authority shall require, as a condition of final subdivision approval, that the developer pay his pro-rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro-rata share shall only be required where the off-tract improvements are to be constructed pursuant to provisions of the circulation and comprehensive utility service plans included in the master plan of the Township of Scotch Plains. The developer shall either install the improvements or contribute his pro-rata share of the costs, at the option of the developer. If the developer installs the improvements, he shall be compensated for all but his pro-rata share of the cost of said improvements.
b. 
The developer shall pay the full cost of all off-tract improvements required by the approving authority if such off-tract improvements are wholly necessitated by the proposed development and said improvements do not benefit any land other than the land within the subdivision.
c. 
The developer shall provide for payment of its pro-rata share, allocated in conformance with the standards set out in subsections e, 1, 2, 3 and 4, hereof, of all off-tract improvements required by the approving authority if such improvements are wholly or partially necessitated by the proposed development and said improvements benefit lands other than those within the subdivision.
d. 
Methods of implementation:
1. 
Performance and maintenance guarantees. Where a performance or maintenance guarantee or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.
2. 
Cash contributions, when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:
(a) 
Where a county or State agency has jurisdiction over the subject improvement and requires a cash contribution, guarantee or other surety of the applicant; or
(b) 
Where a special assessment is imposed upon the applicant for the off-tract improvement provided; or
(c) 
Where the applicant, where legally permissible, chooses to undertake the improvements in lieu of the municipality.
3. 
Cash contributions, method of payment. Where a cash contribution is required by this chapter, said contribution shall be deposited with the treasurer of the Township of Scotch Plains, in an escrow account for the purpose of undertaking the improvements specified.
4. 
Any money received by the treasurer of the Township of Scotch Plains for off-tract improvements to be constructed or installed by the Township pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the Township of Scotch Plains is responsible has not commenced within five years from the date of deposit, the amount deposited together with any interest thereon shall be returned to the developer or his successor in interest.
e. 
Pro-rata formula for determining applicant's share of off-tract improvements.
In determining the allocation of costs for off-tract improvements as between the developer, other property owners and the Township, the approving authority shall be guided by the following factors:
1. 
The total estimated cost of off-tract improvements;
2. 
The increase in market values of the properties affected and any other benefits conferred;
3. 
The needs created by the application;
4. 
Population and land use projections for the land within the general area of the subdivision and other areas to be served by the off-tract improvements;
5. 
The estimated time for construction of the off-tract improvements; and
6. 
The condition and periods of usefulness of the improvements which may be based upon the criteria of N.J.S.A. 40A:2-22.
f. 
Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
1. 
Street improvements including: street widening, alignment, corrections channelization of intersections, constructions of barriers, new or improved traffic signalization, signs, curbs, sidewalks, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements: the applicant's proportionate share shall be in the ratio of the estimated peak hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak hour traffic capacity of the present facility, and the estimated peak hour traffic generated by the proposed development. The ratio thus calculated shall be increased by ten percent for contingencies.
2. 
Water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the existing system or sub-system and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by ten percent for contingencies.
3. 
Sanitary sewage distribution facilities including the installation, relocation, or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or sub-system and the estimated daily flow from the proposed project or development. In the case where the peak flow for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute. The greater of the two ratios thus calculated shall be increased by ten percent for contingencies and shall be the ratio used to determine the cost to the applicant.
4. 
Stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system measured in cubic feet per second deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by ten percent for contingencies. The applicant's engineer shall compute the drainage basin area and the area of development and the percent of the total drainage basin are occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the approving authority.
5. 
The approving authority shall require, as a condition of final approval of the subdivision that:
(a) 
If the improvement is to be constructed by the Township of Scotch Plains as a general improvement, the developer shall deposit with the treasurer of the Township of Scotch Plains an amount equal to the difference, if any, between the estimated cost of the improvement and the estimated total amount by which all properties, including the subdivision to be serviced by the improvement, will be specifically benefited by the improvement; or
(b) 
If the improvement is to be constructed by the Township of Scotch Plains as a local improvement, the developer shall deposit with the treasurer of the Township of Scotch Plains, in addition to the amount specified in paragraph a, above, the estimated amount by which the subdivision will be specifically benefited by the improvement.
(c) 
All cost estimates shall be prepared by the applicant's engineer and shall be subject to review and approval by the Township Engineer.
(d) 
Apart from off-site improvements required due to deficiencies in the existing sanitary sewer system, the developer shall be required to purchase usage of the existing sanitary sewer system in accordance with subsection 12-4.5b.
(e) 
Upon completion of any improvement constructed by the Township of Scotch Plains as a general or local improvement, the total cost of such improvement shall be determined by the ordinance providing for such improvements. The difference between the actual cost as so determined and the estimated cost shall be computed. The developer or his successor in interest shall make remittance to the Township of Scotch Plains, if the actual cost exceeds the estimated cost, or shall receive a refund from the funds deposited with the Township of Scotch Plains if the estimated cost exceeds the actual cost, in an amount which bears the same relationship to the difference between the actual and estimated costs as the amount deposited by the developer for his proportionate share of the estimated cost bears to the total estimated cost. Any sum payable by the developer or his successor in interest may be levied and collected by the Township of Scotch Plains in the same manner as is provided by law for the levy and collection of taxes.
a. 
Prior to the issuance of a construction permit for a one or two-family dwelling, a property survey prepared by a licensed surveyor shall be submitted to the construction official showing the following:
1. 
Location of all foundations.
2. 
Proposed garage and lot. Floor elevations of all proposed one and two-family dwellings and garages.
3. 
Existing and proposed grade of crown of the road.
4. 
When in the judgment of the construction code official additional information is necessary, sufficient information to assure proper drainage shall be shown.
b. 
A location survey prepared by a licensed surveyor shall be submitted to the construction official, after the completion of the foundation and prior to the commencement of framing. The location survey shall include the actual elevation of the top of the foundation at each corner.
c. 
A final location survey prepared by a licensed surveyor shall be submitted to the construction official prior to the issuance of a certificate of occupancy showing all items listed in paragraph a.
d. 
All portions of the P.Q. shall have the soil stabilized by seeding, planting and landscaping.
e. 
All roof disposal water shall be carried to roof leaders by proper conductors.
f. 
Where practical, all leaders shall be piped to the curb, otherwise to an approved place of disposal.
g. 
All surface water of the P.Q. shall be conducted away from the foundations by means of swales, piping and proper grading.
h. 
Where practical, all driveways shall be pitched to the street otherwise to an approved place of disposal.
i. 
Garage floor elevations where practical shall be a minimum of 12 inches (one foot) above the crown of the road, otherwise as approved by the Township Engineer.
j. 
If the P.Q. is located in the floodplain, additional standards as outlined in the floodplain ordinance shall be imposed.
k. 
If at the time of request for a certificate of occupancy, the grading and landscaping is not completed, an amount of escrow in the form of cash, check or bond for $1,000 minimum shall be submitted to the proper Township official. Penalties for noncompliance to this subsection shall be the same penalties as outlined in subsection 23-1.5a:
"FOR EACH AND EVERY VIOLATION OF ANY PROVISION OF THIS CHAPTER, THE OWNER, CONTRACTOR, OR OTHER PERSONS INTERESTED AS GENERAL AGENT, ARCHITECT, BUILDING CONTRACTOR, OWNER TENANT, OR ANY OTHER PERSONS WHO COMMIT, TAKE PART, OR ASSIST IN ANY VIOLATION OF THIS CHAPTER OR WHO MAINTAIN ANY BUILDING OR PREMISES IN WHICH ANY VIOLATION OF THIS CHAPTER SHALL EXIST, AND WHO SHALL HAVE REFUSED TO ABATE THE VIOLATION WITHIN FIVE DAYS AFTER WRITTEN NOTICE SHALL HAVE BEEN SERVED UPON HIM EITHER BY MAIL OR BY PERSONAL SERVICE, SHALL FOR EACH AND EVERY VIOLATION BE IMPRISONED IN THE UNION COUNTY JAIL FOR A PERIOD NOT EXCEEDING 30 DAYS OR BE FINED NOT EXCEEDING Two hundred dollars OR BOTH, AT THE DISCRETION OF THE MUNICIPAL JUDGE BEFORE WHOM A CONVICTION MAY BE HAD. EACH AND EVERY DAY THAT SUCH VIOLATION CONTINUES AFTER SUCH FIVE DAY NOTICE SHALL BE CONSIDERED A SEPARATE AND SPECIFIC VIOLATION OF THIS CHAPTER."
[Ord. No. 78-34; Ord. No. 87-6; Ord. No. 88-7; Ord. No. 89-3]
An application for a subdivision of land shall be accompanied by all applicable fees as enumerated and outlined in Chapter 19, subsection 19-3.4 prior to a determination that the application is complete.
[Ord. No. 78-34; Ord. No. 90-23]
a. 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter, such person shall be subject to a penalty not to exceed $1,000 and each lot disposition so made may be deemed a separate violation.
b. 
In addition to the foregoing, the municipality may institute and maintain a civil action:
1. 
For injunctive relief; and
2. 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with the provisions of C. 40:55D-56.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
a. 
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such subdivision three years preceding the effective date of P.L. 1975, C 291 may apply in writing to the administrative officer, who in this case shall be the Township Engineer, of the Township of Scotch Plains, for the issuance of a certificate certifying whether or not such subdivision has been approved by the approving authority. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
b. 
The Township Engineer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
c. 
Each such certificate shall be designated "a certificate as to approval of subdivision of land," and shall certify:
1. 
Whether there exists in said municipality a duly established approving authority and whether there is an ordinance controlling subdivision of land adopted under the authority of P.L. 1975 C 291.
2. 
Whether the subdivision, as it relates to the land shown in said application, has been approved by the approving authority, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
3. 
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in C.40:55D-1 et seq.
4. 
The Township Engineer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in R.S. 54:5-14 and 54:5-15. Any fees so collected by such official shall be paid by him to the Township treasurer.
a. 
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of subsection 22-8.1 of this chapter.
b. 
If the administrative officer designated to issue such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to subsection 22-8.1 of this chapter.
c. 
Any such application addressed to the Clerk of the municipality shall be deemed to be addressed to the proper designated officer and the municipality shall be bound thereby to the same extent as though the same was addressed to the Township Engineer.
a. 
This chapter shall be construed and applied with reference to the nature and use of a condominium or cooperative structures or uses without regard to the form of ownership. No approval pursuant to this chapter shall be required as a condition precedent to the recording of a condominium master deed or the sale of any unit therein unless such approval shall also be required for the use or development of the lands described in the master deed in the same manner had such lands not been under the condominium form of ownership.
a. 
Any parcel of land receiving preliminary subdivision approval for a use other than agriculture or horticulture, notwithstanding its valuation, assessment, and taxation as an agricultural or horticultural use pursuant to the provisions of the "Farmland Assessment Act of 1964," (P.L. 1964, c. 48, C. 54:4-23.1 et seq.), shall be valued, assessed and taxed as of January 1 of the year following such preliminary approval as other land in the Township, such value and assessment to be established and taxes paid in accordance with the provisions of sections 8 and 9 of the "Farmland Assessment Act of 1964," (P.L. 1964, c. 48, C. 54:23.1 et seq.); provided that the provisions hereof shall apply serially to any development whose preliminary approval proposes construction in stages and separate application for final approval for each stage and only that stage of the development designated for the earliest application for final approval shall be valued, assessed and taxed as provided herein until certificates of occupancy for 50 percent of the building permits in such stage have been issued, at which time the second stage shall be valued, assessed and taxed as provided herein and so on until qualification for valuation, assessment and taxation pursuant to the provisions of the "Farmland Assessment Act of 1964," (P.L. 1964, c. 48, C. 54:4-23.1 et seq.) lapses for the last stage of development.
b. 
Any parcel of land, otherwise qualifying as an agricultural or horticultural use pursuant to the provisions of the "Farmland Assessment Act of 1964" (P.L. 1964, c. 48, C. 54:4-23.1 et seq.), for which preliminary approval shall have lapsed pursuant to law, or for which the owner thereof shall have made request in writing to the approving municipal body for rescinding of such preliminary and all subsequent approvals, shall be assessed, valued and taxed in the manner provided in the "Farmland Assessment Act of 1964," (P.L. 1964, c. 48, C. 54:4-23.1 et seq.), as of January 1 of the year following such lapse or recision.
c. 
Any parcel of land to which the provisions of subsection a hereof are applicable but which cannot be developed because of the lack of available sanitary sewerage or water supply capacity necessary to serve such development shall be exempt from the operation of provisions of subsection a herein for the period from January 1 of the year following the calendar year in which such development becomes impracticable because of such lack of capacity to January 1 of the year following the calendar year in which such capacity becomes available.
d. 
The provisions of this section shall apply to any parcel of land designated as an agricultural or horticultural use, pursuant to the provisions of the "Farmland Assessment Act of 1964" (P.L. 1964, c. 48, C. 54:4-23.1 et seq.) which has tentative or subsequent planned unit development approval or site plan approval on the effective date of this chapter which approval is thereafter extended in duration of time beyond the period approved therefor before the effective date of this chapter.
Information and documents for other Township codes and ordinances shall be submitted as part of the subdivision approval and may be used to comply with subdivision submission requirements where applicable.
The subdivision committee of the approving authority may waive submission of any required exhibits in appropriate cases and for specific subdivisions.
Failure to comply with any of the conditions of subdivision approval subsequent to the receipt of a building permit or certificate of occupancy, as the case may be, shall be construed to be a violation of the chapter and shall be grounds for the revocation of the building permit or certificates of occupancy as the case may be. Written notice of revocation, sent by certified mail, by the construction official, requiring compliance with the conditions of subdivision approval within a period of time not less than five days, shall effectively revoke any building permit or certificate of occupancy, as the case may be, if compliance shall not be made within the time limit set.
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of this chapter and to this end, the provisions of each article, section, subsection, paragraph, subdivision or clause of this chapter are hereby declared to be severable.
Any provisions of ordinances previously enacted by the Township of Scotch Plains that conflict in any manner with the provisions of this chapter are herewith repealed.
This chapter shall take effect 20 days after final publication according to law. (Date of adoption - December 1978)