A.The purpose of this Article is to provide rules, regulations and standards to guide and control land subdivision in the township It shall be administered by the Planning Board, except as provided in § 134-32 of this chapter, to ensure orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services

B.The rules, regulations and standards set forth shall be considered to be the minimum requirements for the protection of the public health, safety and welfare of the citizens of the township

At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development The amount of any fees for such an informal review shall be credit toward fees for review of the application for development, The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review

A.If the proposed subdivision is before the Planning Board, it may be classified and approved as a minor subdivision, with or without conditions, by majority vote of the Subdivision Committee If the proposed subdivision is before the Board of Adjustment, it may be classified and approved as a minor subdivision, with or without conditions, by that agency

B.A notation to the effect of approval shall be made on the sketch plat marked "proposed subdivision," and none of the lots or plots resulting from such subdivision may be resubdivided within two (2) years from the date of approval After approval of the Subdivision Committee or Board of Adjustment, one (1) copy of the sketch plat marked "proposed subdivision" shall he signed by the municipal agency and forwarded to the developer within one (1) week following compliance with any or all conditions No further approval shall be required by any municipal agency The remaining copies of the approved sketch plat shall be sent to the Township Engineer, Building Official, Tax Assessor, the County Planning Board and, in the case of the Board of Adjustment granting a subdivision, the Township Planning Board

The following rights shall be conferred upon approval of a minor subdivision: The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two (2) years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded pursuant to § 134-81 3 of this chapter

A.Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of municipal approval unless

(1) A deed clearly describing the approved minor sub- division is filed by the developer with the county recording officer, the Township Engineer and Tax Assessor.

(2) A plat in conformity with such approval and the provisions of the Map Filing Law, P L. 1960, c 141 (N J S A 46 23-9 9 et seq I. is filed by the developer with the county recording officer.

B.Any such deed or plat accepted for such filing shall have been signed by the Chairman and Secretary of the municipal agency, failure to record such plat or deed within the prescribed tune shall render the approval null and void

If the sketch plat is classified by the Subdivision Committee or Board of Adjustment as a major subdivision, a notation to that effect shall be made on the plat, which shall then be returned within one (1) week following the meeting to the developer for compliance with the procedures for preliminary and final approval

A. Ten (10) black-on-white prints of the preliminary plat drawn to the specifications pursuant to § 134-85 of this chapter, together with four (4) completed application forms for preliminary approval and the fees as required in Article V of this chapter, shall be submitted to the administrative Officer

B. After a determination that a complete application has been submitted, a public hearing shall be scheduled in accordance with the requirements set forth in §§ 134-44 through 134-46 Prior to such hearing the Planning Department shall forward copies of the preliminary plat to the County Planning Board, Township Engineer, Zoning Officer, Health Officer and such other municipal, county or ,state officials or agencies as may be necessary for their review and recommendations to the municipal agency

The municipal agency shall act on the preliminary plat within the time prescribed in § 134-70 of this chapter.

A. If the municipal agency acts favorably on a preliminary plat, with or without conditions, a notation to that effect shall be made on the plat, and it shall be returned to the developer for compliance with final approval requirements

B. If the municipal agency disapproves a preliminary plat, the reasons for such action shall be noted on the plat and returned to the developer.

A. The following rights shall be conferred upon the developer for a period of three (3) years after the date of preliminary approval

(1) That the general terms and conditions on which preliminary approval was granted shall not be changed, including but riot limited to use requirements; layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions and off- tract improvements, except that nothing herein shall be construed to prevent the township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety

(2) That the developer may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat

(3) That the developer may apply for and the municipal agency may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

B. In the case of a subdivision or site plan for an area of fifty (50) acres or more, the municipal agency may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of tune, longer than three (3) years, as shall be determined by the municipal agency to be reasonable taking into consideration the number of Dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development The developer may apply for thereafter and the municipal agency may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the municipal agency to be reasonable taking into consideration the number of Dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of Dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern

Prior to the commencement of any construction or final plat approval, the developer shall submit six (6) sets of construction drawings to the Township Engineer Said drawings shall conform to the following

A.They shall be drawn to a scale of not less than one (1) inch equals fifty (50) feet

B.The sheet size shall not exceed twenty-four by thirty-six (24 x 36) inches

C.They shall be drawn and sealed by an engineer licensed by the State of New Jersey.

D.They shall show all necessary details and information for the construction of the required improvements and shall incorporate all standard design details on file in the office of the Township Engineer

E.They shall also show cross sections and profiles of all streets, storm and sanitary sewers and water mains

The original tracing, six (6) black-on-white prints of the final plat, drawn to the specifications pursuant to § 134-85 of this chapter, together with four (4) completed application forms for final approval, the fees as required in Article V of this chapter and a performance guaranty in the amount sufficient to ensure the completion of the improvements required under § 134 88 of this chapter shall be submitted to the administrative officer

A.After determination that a complete application has been submitted, the municipal agency shall act on the final plat within the time prescribed in § 134-70 of this chapter. Prior to an action being taken, however, a certification by the Township Engineer and Attorney shall be received by the municipal agency stating that the performance guaranty is approved as to form and amount to assure completion of all required improvements

B.If the municipal agency acts favorably on a final plat, with or without conditions, a notation to that effect shall be made on the plat, and it shall be returned to the developer

A. After the original tracing has been signed by the appropriate officials, the tracing shall be returned to the developer, and he shall proceed to file same with the county recording officer within ninety-five (95) days of the signing of the plat

B. The municipal agency may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of the signing of the plat

A.Within ten (10) days of the filing of the original tracing with the county recording officer, the developer shall submit to the Township Planning Department the following copies of the filed plat one (1) translucent tracing cloth ropy, two (2) cloth prints and six (6) black and white prints of the filed plat

B. The Planning Department shall furnish the Township Engineer, Building Official, Tax Assessor and Township Clerk with a copy of the filed plat

The following rights shall be conferred upon the developer for a period of two (2) years after the date of final approval The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 134-82 2 , whether conditionally or otherwise, shall not be changed, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 134-84 2 of this chapter. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required, the municipal agency may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions Notwithstanding any other provisions of the Municipal Land Use Law, the granting of final approval terminates the time period of preliminary approval pursuant to § 134-82 2 of this chapter for the section granted final approval

All plats submitted for approval shall meet the criteria set forth in the following sections

The sketch plat shall consist of one (1) map in those cases where a concise, reasonably accurate, conceptual picture of the proposed subdivision of the property in question can be presented to the municipal agency In all other cases where the required information would cause the plan to be confusing, the sketch plat shall consist of two (2) maps in the same scale, one (1) showing the existing property with all existing interior plot or lot lines and one (1) labeled "proposed subdivision" showing the same property with interior lines as proposed to be subdivided All sketch plats shall be based on the most current Tax Map information or .similarly accurate base, at a scale of riot less than two hundred (200) feet to the inch, on sheets of a maximum size of twenty-four by thirty-six (24 x 36) inches If the property proposed to be subdivided and all adjacent property to a point five hundred (500) feet exterior to all points of the property boundary cannot be shown on one (1) sheet, additional sheets will be submitted as required The maps may be prepared by the applicant, project engineer, planner, land surveyor or any representative of the applicant and shall contain the following information

A. On-tract significant horticultural or physical site characteristics, including streams, drainage structures and ditches, stands of trees, swampy or high-water table areas, ravines and rock outcroppings.

B. Location and use of existing structures on-tract and on adjacent property within two hundred (200) feet of boundaries of the development,

C. The names of the owner or owners of the property to be subdivided and all of the adjoining property owners within two hundred (200) feet as disclosed by the most recent township tax rolls

D. All streets, roads, public rights-of-way, easements, streams and drainage structures and ditches within the property and within adjacent property to a point five hundred (500) feet from the applicant's property.

E. A key map showing the property in relation to the general area of the community

F. The names of the municipality, the county, the project and the person who prepared the sketch plat, date of preparation, North arrow, scale, zoning district where located and appropriate tax sheet, block and lot numbers

G. If the sketch plat is being submitted for minor subdivision approval, it shall be drawn by a land surveyor licensed by the State of New Jersey and shall show bearings and distances for all property lines, the building setback lines, the method of sanitary waste disposal and water supply and any future right-of-way Lines as shown on the Official Map This shall not preclude, however, the submission. of a sketch plat for informal review by the municipal agency, provided that proper application is made, the necessary maps submitted contain the necessary information for proper review and are legibly drawn and the required fee pursuant to Article V of this chapter is paid.

The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one hundred (100) feet to the inch, on sheets of a maximum size of twenty-four by thirty-six (24 x 36) inches It shall be drawn and sealed by a land surveyor licensed by the State of New Jersey The preliminary plat shall be designed in compliance with the provisions of § 134-90 of this Article and shall contain the following information

A. A survey of the site upon which the proposed subdivision is proposed, with dimensions and bearings

B. Soil erosion and sediment control plans pursuant to the requirements set forth in Article VI II of this chapter

C. Location and use of existing structures on-tract and on adjacent property within two hundred (200) feet of the boundaries of the development

D. The name of the developer and all of the adjoining property owners within two hundred (200) feet as disclosed by the most recent township tax rolls

E. Existing and proposed vehicular and pedestrian circulation systems on-tract, including streets, walks, public rights-of-way, public and private easements, street names and widths

F. A key map showing the development application in relation to surrounding areas

G. The names of the municipality, the county, the project and the person who prepared the plat, date of preparation, North arrow, scale, zoning district where located and appropriate tax sheet, block and lot numbers

H. All building setback lines as established by the zoning regulations

I. Plans for fire protection, including hydrant location

J. Water runoff calculations must be submitted to substantiate the proposed drainage system

K. The topography of the site shall be shown and be based on United States Coast and Geodetic Survey datum Where the slope of the site is less than five percent (5%), a two foot contour interval shall be shown, where greater, a ten foot contour interval shall be shown

L. The acreage of tract to be subdivided, to the nearest tenth of an acre

M. Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity) showing feasible connections to existing or any proposed utility systems When an individual water supply or sewage disposal system is proposed, the plan for such system must he approved by the appropriate local, county or state health agency When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat

N. A ropy of any protective covenants or deed restrictions applying to the land being subdivided

O. All streets, roads, rights-of-way, easements, streams, drainage ditches and existing utilities within the property and within adjacent property to a point five hundred (500) feet surrounding the development which is the subject of the application.

P. Any proposed subdivision lying within the floodplain or special flood hazard area as delineated on the Township Official Floodplain Map shall be reviewed to assure that

(1) All such proposals are consistent with the need to minimize flood damage

(2) All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage

(3) Adequate drainage is provided so as to reduce exposure to flood hazards

The final plat shall be drawn in ink on tracing cloth at a scale of not less than one (1) inch equals one hundred (100) feet and in compliance with all provisions of Chapter 141 of the Laws of 1960 (N.J.S.A 46 23-9 9 et seq.) The Anal plat shall show or be accompanied by the following information.

A. Date, name and location of the subdivision, name of owner, graphic scale and reference meridian

B. Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use and all lot lines and other site lines, all with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves

C. The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

D. Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with the number one (1)

E. Minimum building setback lines on all lots and other sites

F. Location and description of all monuments

G. Names of owners of adjoining unsubdivided land

H. Certification by engineer or surveyor as to accuracy of details of plat certification that the developer is agent or owner of the land or that the owner has given consent under an option agreement

J. When approval of a plat is required by any officer or body of the township, county or state, approval shall be certified on the plat

Prior to the granting of Anal approval, the developer shall have installed or shall have furnished performance guaranties for the ultimate installation of the following improvements

A. Streets All streets shall be constructed in accordance with applicable standards and specifications of the township Such construction shall be subject to inspection and approval by the Township Engineer

B. Street name signs Street name signs shall be placed at all street intersections within or abutting the subdivision Such signs shall be of a type approved by the township and shall be placed in accordance with the standards of the township

C. Curbs. Curbs shall be constructed and provided for in accordance with the standards and specifications of the township Such construction shall be subject to inspection and approval by the Township Engineer At street intersections, such curbing shall be constructed in accordance with the standards for the removal of barriers to the handicapped. (Amended 5-21-80 by Ord No. 23-1980]

D. Sidewalks Concrete sidewalks shall be constructed along both sides of every street shown upon the plat in the location determined by the municipal agency at the tune of preliminary approval and in accordance with applicable standards and specifications of the township Such construction shall be subject to inspection and approval by the Township Engineer At street intersections, such sidewalks shall be constructed in accordance with the standards for the removal of barriers to the handicapped In Residence A and AA Zones, the municipal agency may waive the requirements of concrete sidewalks along either or both sides of the street if the developer agrees to increase the paved width of the street to at least thirty-six (36) feet Where subdivisions received final approval prior to January 1, 1959, wherein sidewalks were required but have not been installed, the municipal agency may, upon petition signed by at least seventy-five percent (75%) of the property owners of such a subdivision, waive the requirement that sidewalks be installed [Amended 5-21-80 by Ord No 23-1980]

E.Stub streets Where a stub street is being improved, the municipal agency may vary the improvement requirements and eliminate curbs and sidewalks, reduce the paved width to twenty-five (25) feet within a thirty-three-foot right-of-way and reduce the overall thickness of the paved road to five and one-half (5 1/2) inches All stub streets shall end in a forty-foot cul-de-sac, and such relaxation may be made, provided that such stub street shall conform with the standards of the area For the purposes of this subsection, a "stub street" is defined as a street fronting on not more than four (4) plots which cannot be extended because of existing structures which appear to be permanent structures or because of natural conditions surrounding said building plots

F.Street trees [Amended 7-7-82 by Ord. No. 43-1982]

(1) The final plat submitted to the municipal agency for approval shall designate thereon a five-foot wide sidewalk and shade tree casement along the street line to the township Said easement shall provide for the township, its officials, agents, employees and representatives the right to enter upon said strip for the purposes of maintaining, removing or replanting any township street trees

(2) All street trees are to be planted by the developer The number and kind of trees shall be determined by the Division of Parks and Forestry They shall be two to two and two and one-half-inch caliper, balled and burlaped and inspected and approved by the Division of Parks and Forestry prior to their being planted by the developer The planting, guying, mulching, etc, of the trees shall be in accordance with the standards and specifications on file with the Division of Parks and Forestry [Amended 3-1-1989 by Ord No 5-1989)

(3) A final certificate of occupancy shall not be issued for any Dwelling unit that has not had the required street trees planted If frozen ground conditions prevent the planting of the required trees, a temporary certificate of occupancy shall be issued upon the posting by the developer of cash or a certified check payable to the Township of Wayne in the amount of two hundred fifty dollars ($250) for each unplanted tree All such unplanted trees shall be planted and approved by the Superintendent of Parks and Forestry or his designated representative no later than the following June 1 Failure to comply with the June 1 deadline shall result in the forfeit of the two hundred fifty dollars ($250 ), and the method of planting of these trees shall be arranged by the township [Amended 3-1-1989 by Ord No 5-1989]

(4) All street trees Eire to be planted fourteen (14) feet from the face of the curb, and a four-foot sidewalk, shall be placed six (6) feet from the face of the curb

(5) All electric, telephone and cable television underground utilities are to be placed in the area between the sidewalk and curb

(6) In those cases where a developer can present good reasons for not complying with the location of sidewalks, utilities and street trees set forth above, the municipal agency, by resolution, may Nary such requirements

G. Topsoil protection, No topsoil shall be removed from the site or used as spoil Topsoil moved during the course of construction shall be redistributed so as to provide at least six (6) inches of spread cover to all seeding and planting areas of the subdivision and shall be stabilized by seeding or planting All seeded areas shall be mulched and stabilized in accordance with township specifications on file in the office of the Township Engineer. In the event that the quantity of topsoil at the site is insufficient to provide six (6) inches of cover for all seeding and planting areas, the developer shall provide and distribute a sufficient quantity of topsoil to provide such a cover. Topsoil so provided shall meet the following specifications

H. Monuments. Monuments shall be of the size and shape required by Section 3(q) of Chapter 141 of the Laws of 1960 (N.J.S.A 46 23-9 11q) and shall be placed in accordance with said statute

I. Culverts, storm sewers, drainage. The drainage system installed shall include storm sewers located within the beds of streets, culverts and catch basins, storm sewers running through designated easement areas a the Township Engineering Division required by drainage pipes attached thereto which are required prior to commencement, of construction or which may reasonably be required thereafter at any time during the period of constructing improvements covered under the performance guaranty in order to correct a drainage problem which develops during the course of construction

J. Streetlighting All such installations shall be placed and he of a type as approved by the township to adequately provide the lighting necessary and proper for the safety and welfare of the township.

K. Water mains Water mains shall be of a size and shape and installed in accordance with statutes made and provided under which the Township of Wayne operates a municipal water system No water main or portion thereof shall be placed in operation until the Specifications for Placing a Water Alain System Into Operation in the Township of Wayne, New Jersey have been complied with [Amended 7-7-1982 by Ord No 42-1982]

L. Sanitary sewer or other means of sewage disposal All such installations shall be constructed using Laser equipment within designated easement areas and connected as required by the Township Engineering Division prior to commencement of construction or as may reasonably be required thereafter at any time during the period of constructing improvements covered under the performance guaranty so as to properly connect the same with the existing sewer system and shall be adequate to handle all present and probable future development which may connect to the same All construction will he pressure air tested at the developer's expense and the township will T.V. the line prior to final paving and acceptance by the Township Engineer

M.Underground utilities All telephone, electric and cable television wires shall be installed underground in accordance with the provisions of this subsection

(1) All utilities for the supply of telephone, electric and cable television services shall be placed underground unless the utility company which has concurrent jurisdiction over said services shall specially delineate reasons for its objection to such underground installation

(2) The installation of underground utilities and the mandatory requirement shall apply to utilities to service any land uses as a result of an extension of an existing street

(3) This section shall apply to and include the installation of underground services to all uses and structures which come within the jurisdiction of the municipal agency site plan review

(4) The underground services shall run from the street utility poles to the proposed structures shown on the site plan

N.Such other improvements of open space and other on-site improvements, including but not limited to drainage other than as herein set forth, and landscaping as authorized by NJSA 40 55D-53 [Amended 9-21-1994 by Ord No. 80-19941