2. Type B, mature size under 30 feet or taller but very narrow (all trees to be high-branched treeform):
b. Only balled and burlapped trees shall be planted, except where specific permission is granted by the planning director upon the recommendation of the shade tree commission.
c. Caliper of trees shall be 13/4 inches to two inches, measured six inches above the ground.
d. Shade trees planted on any one street shall be the same species, unless the planning board, upon the advice of the shade tree commission, specifically authorizes other species on that street.
e. Nothing shall be constructed about the base of a shade tree within two feet of the outside of the trunk. Shade trees shall be placed so as not to interfere with the sidewalks or utilities.
f. Shade trees shall be, standard quality nursery grown stock, true to type and first class representatives of their species and variety. They shall be planted in accordance with American Standard of Nursery practices, and the planing shall be subject to supervision of the township engineer with the advice of the shade tree commission.
(8) Streetlights. Streetlights shall be installed on all streets within or abutting the subdivision. They shall be installed on ornamental standards and shall be of a style and design compatible with the subdivision and surrounding areas. All of the wiring for the streetlights shall be placed underground. Unless otherwise authorized by the board, the developer shall install a lighting system compatible with the Recommended Practice of Street and Highway Lighting, Illuminating Engineering Society, latest edition, on file in the township engineer's office. The developer shall bear the cost of operating the street lighting system until the streets upon which they are located are dedicated to and accepted by the township.
(9) Monuments. Monuments, as shown on the final map and as required by the Map Filing Law, N.J.S.A. 46:29-9.9 et seq., shall be installed.
(10) Utility installations. All utilities and their service lines, including electric and telephone, shall be installed underground, except as set forth in this subsection and in accordance with the specifications of the appropriate utility. In industrial subdivisions, telephone and electrical utilities and their service lines may be installed aboveground, provided that they are confined to the rear yard of the premises. Whenever a utility is not installed in a public right-of-way, an appropriate utility easement shall be provided. Underground utility easements shall follow existing and proposed property lines and shall be described in the deeds to the affected lots in the subdivision.
(11) Improvements to public open space. Improvements to lands to be dedicated to the township for public purposes, if any, shall be installed.
(12) Storm sewers and culverts. Streets shall be provided with sufficient catchbasins and other drainage appurtenances for the adequate drainage of the area, with final disposition to an existing storm sewer, vegetated swales, or natural watercourse.
(13) Fire hydrants. Fire hydrants and control valves shall be installed as required by the New Jersey Uniform Construction Law. Where the dead end of the main is temporary, a suitable water blowoff valve shall be provided in lieu of a hydrant. All mains shall be sterilized under the supervision of a recognized testing laboratory. The distance for location shall be measured along proposed or existing roads within or outside the development, and fire hydrants shall be painted in colors specified by the public works director.
(14) Sanitary sewers and sewage disposal. Sanitary sewers shall be installed and connected to an existing municipal sewer system. Sewers shall be designed to handle all present and probable future development in the area, and the plans and specifications shall be approved by the public works director. If a public sewer is not accessible, a sewer system shall be installed in accordance with the requirements of the state department of environmental protection. If public sewer facilities are not accessible but will become accessible within a reasonable time, as determined by township plans, sanitary sewers, together with all necessary laterals extending from the main sewer into the lot to be served, shall be installed and capped. In such event, the owner shall also install on-site disposal units, subject to the requirements and approval of the township department of health and, where applicable, the state department of environmental protection. These units shall be so located as to permit the easiest and least expensive connection to the sewer when it becomes available. All such facilities shall be approved by the public works director. No underground sewer installation shall be covered until inspected and approved by the township engineer. After the pipe has been installed, an exfiltration and/or infiltration test, as required by the township engineer, shall be made on each section of pipeline between manholes and, prior to approval, the line shall be televised in the presence of the township engineer.
(15) Water mains. Water mains shall be installed in areas which are accessible to a public water system in accordance with specifications approved by the public works director. Water mains, prior to acceptance, shall be sterilized according to the rules and regulations of the state department of environmental protection. After sterilization, a standard bacteriology test shall be taken as directed by the township health officer and sent by the developer to a laboratory approved by the township health officer for analysis and classification. No water main shall be acceptable until the township health officer determines that it meets the standards set forth in the rules and regulations of the state department of environmental protection. Prior to acceptance, all mains shall be pressure tested for leakage, and no main shall be accepted that does not meet the standards of the American Water Works Association. If connections to existing public water facilities are not available within a reasonable time, such water mains, together with all necessary laterals extending from the street main to the street curbs, shall be installed and capped under the direction of the public works director for future use.
(16) Improvements to watercourses. Improvements to watercourses, as shown on the plan for development, shall be installed.
(17) Soil erosion and sedimentation control measures. All soil erosion and sedimentation control measures shown on the plan for development shall be installed.
(18) Stormwater control measures. All stormwater control measures shown on the plan for development shall be installed.
(19) Minor modifications and improvements. At any time, as a result of his inspection, the township engineer may recommend to the planning board that the developer be required to make minor modifications to the design and extent of the improvements required. The planning board may act in accordance with such recommendation, provided that it must first afford the developer an opportunity to be heard. Similarly, the planning board may grant the developer permission to perfect such minor modification upon his own application and the township engineer's approval. Where such minor modification is permitted or required, the appropriate map or plat shall be revised to reflect the modification.
(h) Selling before final subdivision approval. The penalty and suits by the township for selling before final subdivision approval shall be as follows:
(1) Fine. 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 $1,000.00, and each lot disposition so made may be deemed a separate violation.
(2) Suit to invalidate conveyance. In addition to subsection (h)(1) of this section, the township may institute and maintain a civil action for injunctive relief and 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 subsection (i) of this section.
(3) Lien of purchaser. 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 the land or within six years, if unrecorded.
(i) Certificates showing approval. The application and procedures for issuance of certificates showing approval shall be as follows:
(1) Application for certificate. The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed a part of such a subdivision three years preceding August 1, 1976, the effective date of N.J.S.A. 40:55D-1, may apply, in writing, to the township clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the municipal agency. 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.
(2) Issuance of certificate. The township clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The clerk shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fees charged, in a binder as a permanent record of his office. Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
a. That there exists in the township a duly established planning board and zoning board of adjustment and that there is an ordinance controlling subdivision of land.
b. Whether the subdivision, as it relates to the land shown in the application, has been approved by the planning board or the zoning board of adjustment and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(3) Fees. The township clerk shall be entitled to demand and receive, for such certificate issued by him, a reasonable fee, not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the clerk shall be paid by him to the township.
(j) Right of owners of land covered by certificate. The rights of owners of land covered by the certificate issued pursuant to subsection (i) of this section shall be as follows:
(1) 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 (h) of this section.
(2) If the township clerk fails to issue such certificate 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 township, pursuant to subsection (h) of this section. (Code 1988, § 175-43; Ord. No. 26-94, § 3, 8-16-1994; Ord. No. 28-94, §§ 4, 5, 8-16-1994; Ord. No. 26-98, § III, 4-7-1998; Ord. No. 86-98, § IV, 11-4-1998; Ord. No. 27-01, § I, 5-1-2001; Ord. No. 2007-16, § I, 3-27-2007; Ord. No. 2007-69, § I, 9-25-2007)
(a) Scope. The checklist in this section is designed to inform applicants regarding what is required in preparing a major preliminary site plan for board review. Applicants should check off items to confirm their inclusion in the submission. Omitted checklist items can result in the application being found incomplete, thus delaying consideration by the board. The checklist must be submitted with the application.
(b) Application requirements. The applicant shall file the following documents with the secretary of the municipal agency:
(1) Preliminary site plan. Twenty-five copies of a preliminary plan at a scale large enough to present legibly written data, no smaller than one inch equals 50 feet, signed, sealed and prepared by a licensed architect or engineer, in accordance with N.J.A.C. 13:40-1.1 et seq., shall be submitted. Overall plan sheets at smaller scales are acceptable as required. If multiple sheets of the plan are submitted, each must be appropriately signed and sealed, on the same size sheet, collated and folded. The plans shall be one of four standard sizes: 8.5 inches by 14 inches, 30 inches by 42 inches, 24 inches by 36 inches or 15 inches by 21 inches, as measured from cutting edges. If one sheet is not of sufficient size to contain the entire tract, the plan may be divided into sections to be shown on separate sheets of equal sizes, with match lines on each sheet to the adjoining sheet. Plans shall indicate the following:
a. The tax map sheet number, block and lot number and zone district in which the property is located.
b. A north arrow with reference meridian.
c. Graphic and written scale on all sheets.
e. Title block on each sheet with space for sheets numbered consecutively in accordance with the Map Filing Law.
f. A key map at a scale no smaller than one inch equals 400 feet showing all blocks and lots of properties, zoning district boundaries, roads, property lines and municipal boundaries.
**Webmasters Note: The previous sections, 62-154(h)(3) through 62-155(b)(1)f., have been amended as per Supplement No. 12.
g. The names and addresses of the owner and site plan applicant, together with the names, addresses and block and lot numbers of the owners of all land as shown by the most recent municipal tax records within 200 feet of any boundary of the site.
h. Signature format on all plans as follows:
Approved by the South Brunswick Township Planning Board/Zoning Board of Adjustment (choose appropriate board) as a preliminary major site plan:
____________________________________
Chairman
____________________________________
Date
____________________________________
Secretary
____________________________________
Date
i. Property survey prepared by a licensed surveyor including source and date showing existing boundary dimensions and bearings, structures, monuments, easements, rights-of-way and adjacent utility locations.
j. The location of all existing and proposed structures; outside dimensions; and finished first floor, basement floor and garage floor elevations.
k. Topography, showing existing and proposed contours at two-foot intervals for slopes in excess of five percent and at one-foot intervals for land of lesser slope; existing and proposed spot elevations at all building corners, walls, pavements, walks, swales, and other physical features with sufficient detail to determine existing conditions and to demonstrate positive drainage patterns; proposed grades for all driveways. A reference benchmark shall be clearly designated graphically with horizontal and vertical control.
l. All existing physical features on or within 200 feet of the subject site, including streams, open waters, delineated wetlands and transition areas; 100-year flood boundary as per the National Flood Insurance Program; stream corridor protection areas and stream corridor conservation easements in accordance with the township stream protection ordinance or Delaware and Raritan Canal Commission requirements; wooded areas, and areas of significant soil conditions, such as rock outcrops and swamp, and vegetated areas to be used or implementation of nonstructural stormwater management techniques.
m. Master plan designations, including but not limited to land use plan designations, roads, road widening, community facilities, utilities and bikeways in accordance with the most recent update of the master plan.
n. The minimum required front, side and rear setbacks shown in graphic and tabular form, depicting building envelope, as well as all other bulk requirements. The table should follow the following format:
ZONING DATA TABLE
ZONE: ________________________________________________
o. Specifications for improvements shall be the same as those set forth in this chapter.
p. Distance from existing and proposed buildings to all property lines shown in graphic and tabular form.
q. Existing and proposed parking, loading and unloading areas, including the number of spaces and dimensions shown in graphic and tabular form, traffic patterns and access aisles.
r. Existing and proposed improvements, including streets and names thereof; impervious surfaces; curbs with radii noted; sidewalks; bikeways; fences; walls; driveways and curb cuts; traffic control devices including signals, signage, and pavement markings, acceleration and deceleration lanes; water mains, valves, hydrants and service connections with sizes noted; storm sewers, drainage structures, swales and ditches with sizes, inverts, slopes and direction of flows noted; basement drain systems; sanitary sewers; manholes, pump stations, force mains, laterals and cleanouts with sizes, inverts, slopes and direction of flow noted; gas, telephone, cable television and electric lines with connections to existing or proposed utility and CATV systems noted; and cross sections of all roadways; profiles of all roadways, sanitary sewers, water mains and storm sewers; township standard construction details for all improvements.
s. The location and design of existing and proposed water supply wells, groundwater monitoring wells and individual subsurface sewage disposal (septic) systems. The purpose of all groundwater monitoring wells shall be indicated.
t. The location and method of refuse disposal and storage, as well as recycling.
u. A landscaping and buffering plan showing what will remain and what will be planted, indicating types, sizes, dimensions and quantities of plants and trees, and method of planting, in graphic and tabular form. The plan shall include shade trees as required by this chapter. The plan shall demonstrate compliance with the removal/replacement requirements of article IV of chapter 118. All improvements to open space shall be indicated on the landscaping plan.
v. Proposed site and street lighting indicating fixture location, detail of standard and fixture, radius of light and intensity in footcandles. Location of all existing lighting shall be shown.
w. Existing and proposed locations, dimensions and details of street, ground, wall and directional and other signs. Any signs subject to MUTCD requirements shall comply with those standards.
x. Preliminary floor plans of all buildings and elevations of the all building facades, indicating building materials to be used, and all building dimensions including building height.
y. Soil erosion and sedimentation control plan. A soil erosion and sedimentation control plan shall be submitted in accordance with the standards and requirements of the soil conservation district. A permit to place soil, fill land or remove soil is also required pursuant to article V of chapter 42.
z. Required notes for all plans shall be as follows:
1. If the extension of water mains is required, the spacing and location of hydrants will comply with the fire standards of the water purveyor and shall be approved by the township engineer and fire official.
2. Electric, telephone, CATV and all other wire-served utility extensions and services shall be installed underground with standards established by the servicing utility company and approved by the township engineer.
3. All easements for public purposes shall be dedicated to the township, unless otherwise noted.
4. All areas where natural vegetation and/or specimen trees are to remain shall be protected by the erection of fencing, and no disturbance shall occur prior to inspection by the township engineer and the issuance of written authorization to proceed with construction. These protective measures shall not be altered or removed without the approval of the township engineer.
(2) Overall site plan. Twenty-five copies of an overall site plan on one sheet no larger than 11 inches by 17 inches, including parcel boundaries and general locations of all improvements.
(3) Site development stormwater plan. Five copies of a site development stormwater plan, shall be submitted. The plan shall meet the requirements set forth in article VI of this chapter.
(4) Engineering report. Five copies of a detailed engineering report, signed sealed and prepared by a licensed engineer, which contains the following:
a. Sanitary sewer design report. A detailed sanitary sewer design report that provides an estimate of the proposed sewage flows to be generated by the project. In addition, the report should verify the ability of the existing downstream sanitary sewer system to handle the increased sewage flows.
b. Water system design report. A detailed water system design report that provides an estimate of the projected domestic water usage and the needed fire flows required by the project. In addition, the report should verify the ability of the existing municipal water system to satisfy the domestic flow, fire flow and minimum residual pressure requirements. The methods used for determination of needed fire flows and for analysis of the existing municipal water system shall be approved by the township engineer.
c. Individual subsurface sewage disposal (septic) system report. Where immediate connection to a public sewer is not planned, a detailed soils evaluation and report, prepared in accordance with N.J.A.C. 7:9 et seq., that addresses the suitability of the site for construction and operation of an individual subsurface sewage disposal (septic) system. The soils evaluation shall be witnessed by the health department, and the location of the evaluation shall be indicated on the site plan.
(5) Traffic impact study report. Twenty-five copies of a traffic impact study report, signed, sealed and prepared by a licensed engineer, that addresses level of service impacts for all offsite roads and intersections that may be significantly affected by development of the project. In addition, the report shall address all provisions required for safe vehicular on-site circulation and for safe vehicular ingress and egress from the project site.
(6) Recycling plan. Five copies of a recycling plan shall be submitted. A plan, in the form of a narrative description and diagrams or maps, shall be submitted for every development proposal for the construction of 50 or more units of single-family or two-family housing, any multifamily or townhouse housing and any nonresidential development proposal for the utilization of 1,000 square feet or more of land. The plan shall include details as to the storage, collection, disposition and recycling of recyclable materials as designated in article II of chapter 94 and shall comply with the requirements of section 94-41. When a nonresidential/user is unknown at the time of the site plan application, the recycling plan shall be submitted as part of a subsequent tenancy review application.
(7) Application forms. Twenty-five copies of a completed application form with any riders, obtained from the secretary of the board, shall be submitted. The application form is to be signed by all owners of record. A separate rider for each item of requested relief shall be submitted. An affidavit granting board members and review staff permission to enter the site is required.
(8) Payment of applicable fees. In accordance with section 62-41, separate checks (payments) shall be submitted for the application charge and escrow deposit. A completed W-9 form and escrow agreement shall be submitted.
(9) Environmental impact statement. Twenty-five copies of an environmental impact statement shall be submitted pursuant to the requirements of article V of this chapter.
(10) Disclosure of ownership. Twenty-five copies of disclosure of ownership shall be submitted pursuant to section 62-2838(b).
(11) Letter of interpretation. Application, and proof of the application, shall be made to the state department of environmental protection for a letter of interpretation or an exemption letter, acknowledging review by this agency.
(12) Tree replacement plan. Application and fees for a tree replacement plan shall be submitted in accordance with article IV of chapter 118.
(13) Certification by tax collector. The applicant shall submit a certification by the tax collector that all municipal taxes due and owing by the applicant have been paid.
(14) Affordable housing compliance mechanism. Proof of an affordable housing compliance mechanism that has received written permission from the South Brunswick Township Council pursuant to section 62-2002(c).
(c) Application procedure. The application procedure shall be as follows:
(1) Copies of application; review. The secretary of the municipal agency shall, within three days, forward one copy of the completed application to the township engineer, the township planner, the county planning board, the state department of transportation if the site plan shows frontage along a state highway, and the chairman of the subdivision and site plan review committee and shall request each to review the application and to file a written report of his findings and recommendations prior to the next regular meeting of the board, giving full consideration to the standards and principles for the design, review and approval of site plans set forth in division 2 of this article and stating whether the application is feasible and sound from an engineering and planning standpoint.
(2) Notice of hearing. The applicant shall comply with the notice of hearing requirements of this chapter.
(3) Copies of decision; publication. The secretary shall mail a copy of the decision of the board to the applicant or his attorney and to all other persons who have requested it, within ten days after approval has been granted or denied. The secretary shall also file a copy of the decision with the township clerk and shall cause a brief notice of the decision to be published in the official newspaper of the township.
(d) Time for approval of preliminary site plan. Limitations on time for approval of a preliminary site plan shall be as follows:
(1) Time for decision. Upon submission of a complete application for a site plan which involves ten acres of land or less and ten dwelling units or less, the board 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 a site plan which involves more than ten acres or more than ten dwelling units, the planning board shall grant or deny preliminary approval within 95 days of the date of the submission or within such further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval of the site plan.
(2) Incomplete application. If the application is found to be incomplete by the township planner, the developer shall be notified within 45 days of submission of such application, in writing, as to the nature of the deficiencies found in the application, or it shall be deemed to have been properly submitted.
(3) Amendments. If the planning board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as if it were an original application for development.
(e) Effect of approval of preliminary site plan. Preliminary approval of a site plan shall, except as provided in subsection (e)(4) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1) Finality of conditions. The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements, except that nothing in this subsection 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) Submission for final approval. The applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section of the preliminary site plan, as the case may be.
(3) Extensions. The applicant may apply for and the board may grant extensions of such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(4) Extension beyond three years. Extensions beyond three years shall be in accordance with the following:
a. For a site plan for an area of 50 acres or more, the board may grant the rights referred to in subsections (e)(1), (2) and (3) of this section for such period of time longer than three years as shall be determined by the board to be reasonable, taking into consideration:
1. The number of dwelling units and nonresidential floor area permissible under preliminary approval.
2. Economic conditions.
3. The comprehensiveness of the development.
b. The applicant may apply for thereafter and the board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the board to be reasonable, taking into consideration:
1. The number of dwelling units and nonresidential floor area permissible under preliminary approval.
2. The potential number of dwelling units and nonresidential floor area of the section awaiting final approval.
3. Economic conditions.
4. The comprehensiveness of the development. If the design standards have been revised, such revised standards may govern. (Code 1988, § 175-44; Ord. No. 26-94, § 3, 8-16-1994; Ord. No. 28-94, § 6, 8-16-1994; Ord. No. 32-94, § 2, 9-8-1994; Ord. No. 36-99, § I, 8-3-1999; Ord. No. 90-01, § II, 12-11-2001; Ord. No. 2007-16, § I, 3-27-2007; Ord. No. 2010-29, § I, 7-27-2010)
