[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.
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.
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 1,000 feet long, between 200 and 500 feet
in depth according to zone, and culs-de-sac not more than 1,000 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:
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 e1, 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]
[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)
