A.
The Approving Board may require the installation or construction
of necessary on-site and/or off-tract improvements. In the event that
improvements are required, the procedures, standards, inspection fees,
performance guaranties and maintenance guaranties shall be governed
by this chapter.
B.
In the event that any site plan or subdivision approval is conditioned
upon improvements, the applicant may apply for conditional final approval
subject to the posting of the necessary bonds or install the improvements
as a condition to the granting of final approval. No certificate of
occupancy shall be issued until final site plan approval is granted.
C.
The Approving Board may require for final site plan approval an as-built
plan.
The approval of any plat under this chapter by the Approving
Board shall in no way be construed as acceptance of any street, drainage
system(s) or other improvements required by this chapter, nor shall
such plat approval obligate the township in any way to maintain or
exercise jurisdiction over such street, drainage system(s) or other
improvement. Acceptance of any street, drainage system(s) or other
improvement by the township shall be implemented only by favorable
action by the Township Committee. No improvement shall be accepted
by the Township Committee unless and until all of the following conditions
have been met:
A.
The Township Engineer shall have certified, in writing, that all
the improvements are complete and that they comply fully with the
requirements of this chapter and of other applicable local ordinances.
B.
The final plat shall have been approved by the Approving Board.
C.
All improvements required by the Approving Board shall, before being
accepted by the township, be covered by a maintenance guaranty running
in favor of the Township of Knowlton in the amount not to exceed 15%
of the estimated cost of the improvements as estimated by the Township
Engineer. Said maintenance guaranty shall run for a period of two
years and provide for the proper repair and/or replacement of any
such improvements during said period. The two-year period shall be
from the date of the acceptance of the improvements by the township,
and no performance guaranty shall be released by the township until
such time as the maintenance guaranty herein required has been posted
with the township.
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 guaranty to another governmental
agency, no performance or maintenance guaranty, as the case may be,
shall be required by the municipality for such utilities or improvements.
The governing body shall not accept any road or other improvements
into the municipal road system or for municipal ownership until the
maintenance guaranty has been posted and all deficiencies are corrected
or repaired.
A.
No building permit shall be issued until a plat or site plan has
received final approval and the applicant has posted the appropriate
guaranty or installed the improvements and the plat, if a subdivision,
has been duly filed in the County Clerk's office.
B.
In the event that the applicant proposes to install improvements
prior to final subdivision or site plan approval, building permits
may be issued only after installation, inspection and approval by
the Township Engineer of all:
No certificate of occupancy shall be issued for any building
or structure until all improvements as shown on the approved plans
shall have been installed by the developer and approved by the Township
Engineer and a certificate of compliance from the Soil Conservation
Service has been issued, except that a certificate of occupancy may
be issued if the following conditions are met:
A.
The Township Engineer shall certify, in writing, to the Construction
Official that all required utility improvements, curbs and/or gutters
and the intermediate course of the road have been installed, inspected
and approved and that the best interests of the township require a
delay for engineering reasons before the developer completes the other
improvements. The developer shall post a cash bond in the amount approved
by the Township Engineer for that portion of the improvements yet
to be completed and for maintenance of those completed in the particular
section for which certificates of occupancy have been requested.
B.
The developer shall notify each homeowner that he or she has deposited
funds with the township to guarantee the completion and maintenance
of the required improvements, and a copy thereof, together with proof
of service, shall be filed with the Construction Official. The maintenance
guaranty shall remain in effect for two years from the date of approval
of the improvement by the Township Engineer.
C.
Prior to the issuance of a certificate of occupancy for a lot or
site awaiting landscaping, the developer shall have graded the land
or lot to which the certificate of occupancy applies in a manner approved
by the Township Engineer to ensure proper drainage and to have installed
appropriate measures to prevent soil erosion and sedimentation.
D.
In the event that a certificate of occupancy is requested for a subdivision
or site plan where improvements, which will not be turned over to
the Township, remain incomplete, the township may require that a cash
bond be posted to assure the completion or installation of said private
improvements.
E.
In the event that the road is not accepted by the Township Committee,
no certificate of occupancy shall be issued unless:
(1)
The base course and drainage facilities for the road have been installed
to the satisfaction of the Township Engineer.
(2)
The applicant has posted a bond acceptable to the Township Attorney
for the installation of the top course.
(3)
The applicant has entered into a developer's agreement that requires
maintenance of the road by the applicant, including but not limited
to snow removal and repairs, until the acceptance of the road by the
Township Committee.
F.
The performance guaranty for the uncompleted improvement remains
in full force and effect in accordance with the terms of this chapter.
A.
Developer's responsibility. Upon the issuance of a certificate of
occupancy for any building or structure on any new dedicated street
or roadway which is open to the public or to which the public is invited
in a subdivision or development which is the subject of an application
for development within the Township of Knowlton and prior to the acceptance
of such dedication by the township, the developer shall be required
to keep and maintain said streets or roadways free and clear of snow
and ice, within six hours of daylight after the same shall have fallen
or be formed thereon, and the same shall be open to public use and
shall permit access to police, fire-fighting and emergency vehicles
in accordance herewith.
B.
Clearing of streets by township. If the developer fails to keep and
maintain said streets and roadways free and clear of snow and ice
as set forth herein, the township may, at its own option and without
creating any obligation to accept any dedication of any such streets
or roadways, proceed to clear such streets or roadways of snow and
ice by plowing, shoveling, salting, sanding or otherwise.
C.
Certification and computation of costs. The costs incurred thereby
shall be certified to the Township Committee by the Public Works Department,
which certification shall be presented to and reviewed by the Township
Committee. Such costs shall be computed so as to defray and meet the
expenses incurred by the township, including but not limited to the
costs of labor, materials and the costs to repair any and all injury
or damage done to the roadway or occurring to the same during such
snow and ice removal operations or caused thereby. Such costs shall
be charged to and paid by the developer to the township in the amount
so certified within 10 days of the receipt of a bill for the same.
D.
Costs charged to property. Upon a determination of the Township Committee
that the amount is correct, the same shall be charged against such
real property, and the amount so charged shall thereupon become a
lien and a tax upon such real property and shall be added to and be
a part of the taxes next to be levied and assessed thereon and enforced
and collected with interest by the same officers and in the same manner
as other taxes.
E.
Indemnification of township. The Township of Knowlton shall have
no liability or responsibility whatsoever for any damage that may
be done to catch basins, manholes, curbs, gutters, driveways or other
improvements or to said streets or roadways, which damage may occur
during said snow and ice removal, and the subdivision owner shall
indemnify and hold the township harmless, in writing, with respect
thereto.
Applicants shall be required, as a condition for approval of
all subdivisions, site plans or conditional use, to pay their pro
rata share of the cost of providing reasonable and necessary street
improvements and/or water, sewerage and drainage facility improvements
and any necessary easements therefor located outside the property
limits of the subject premises but necessitated for safety considerations
or required by construction or improvements within such subdivision
or development. The following criteria shall be utilized in determining
the developer's proportionate pro rata monetary share for the necessary
off-tract developments.
In cases where the need for an off-tract improvement is created
by the proposed subdivision or development and where no other property
owners receive a special benefit thereby (as opposed to a mere incidental
benefit), the applicant may be required, as a condition of approval
and at the applicant's sole expense, to acquire and/or improve lands
outside the tract and dedicate such lands to Knowlton Township or
Warren County or, in lieu thereof, require the subdivider or developer
to deposit with the township a sum of money sufficient to allow the
township to acquire and/or improve such lands on conditions it may
deem appropriate under the circumstances.
In cases where the need for any off-tract improvements to be
implemented now or in the future is necessitated by safety considerations
or required by the proposed development application and where it is
determined that properties outside the development will also be benefitted
by the improvement, the following criteria, together with the provisions
or rules and regulations of Knowlton Township or any department thereof,
may be utilized in determining the developer's proportionate share
of such improvements:
A.
Sanitary sewers. For distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers
and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
(1)
The capacity and the design of the sanitary sewer system shall be
based on the Rules and Regulations for the Preparation and Submission
of Plans for Sewerage Systems, New Jersey State Department of Environmental
Protection, and any Knowlton Township sewer design standards, including
infiltration standards.
(2)
Developer's pro rata share:
(a)
The capacity of the existing system to serve the entire improved
drainage area shall be computed. If the system is able to carry the
total development drainage basin, no improvement or enlargement cost
will be assigned to the developer although some charges, including
but not limited to capacity charges, may be imposed. If the existing
system does not have adequate capacity for the total development drainage
basin, the prorated enlargement or improvement share shall be computed
as follows:
|
Developer's Cost
Total Enlargement or
Improvement Cost
|
=
|
Development GPD
Total Tributary GPD
|
(b)
If it is necessary to construct a new system in order to develop
the subdivision or development, the prorated enlargement share to
the developer shall be computed as follows:
|
Developer's Cost
Total Project Cost
|
=
|
Development Tributary GPD
Total Tributary GPD to New System
|
(c)
The plans for the improved system or the extended system shall
be prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Township Engineer.
B.
Roadways. For street widening, alignment, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvement uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be determined as follows:
(1)
The applicant's engineer shall provide the Township Engineer with
the existing a.m. and p.m. peak-hour volumes which impact the off-tract
areas in question, which volumes shall analyze pedestrian, bicycle
and motor vehicle traffic. Additionally, the applicant shall provide
the service flow rate (SF) for a Level of Service C in the affected
roadways. The service flow rate shall include the total traffic in
both directions measured in passenger cars per hour. The applicant's
engineer, with concurrence of the Township Engineer, shall determine
the off-tract areas impacted by the project by including all local
roadways from the project site to the nearest county or state highway
facility.
(2)
The applicant shall furnish a plan for the proposed off-tract improvements,
which shall include an estimated a.m. and p.m. peak-hour traffic generated
by the proposed development. Included in the proposed plan shall be
all appropriate intersection improvement affecting the local roadway
at their intersection with county or state highways, together with
the level of improvement of affected local roadways in order to establish
or maintain a flow rate for Level of Service C. The pro rata share
shall be computed as follows:
|
Developer's Cost
Total Cost of Roadway
Improvement and\or Extension
|
=
|
Highest Peak-Hour Traffic
Generated by the Development
Service Flow Rate for Level of
Service C at Highest Peak Hour
|
(3)
For purposes of this calculation, the future a.m. and p.m. peak-hour
traffic generated by the development as well as the service flow rate
for Level of Service C shall be calculated by utilizing the Highway
Capacity Manual published by the Transportation Research Board Latest
Edition.
(4)
The plans for the improved system or the extended system shall be
prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Township Engineer.
C.
Drainage improvements. For the stormwater and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, riprap or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
applicant's proportionate share shall be determined as follows:
(1)
The capacity and design of the drainage system to accommodate stormwater
runoff shall be based on a method described in Urban Hydrology for
Small Watershed, Technical Release 55, Soil Conservation Service USDA,
January 1975, as amended, and shall be computed by the developer's
engineer and approved by the Township Engineer.
(2)
The capacity of the enlarged, extended or improved system required
for the subdivision or development and areas outside of the subdivision
or development shall be computed by the developer's engineer and be
subject to the approval of the Township Engineer. The prorated share
for the proposed improvement shall be computed as follows:
|
Developer's Cost
Total Enlargement or
Improvement Cost of
Drainage Facilities
|
=
|
Development CFS
Total Tributary CFS
|
(3)
The plans for the improved system or the extended system shall be
prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Township Engineer.
D.
In all of the above cases, the applicant shall be charged with the
cost of the additional criteria:
(1)
The difference in the cost of the improvement necessitated by the
proposed development application and the sum of the total special
benefits conferred on other properties outside the development.
(2)
The cost factor attributable to the applicant that reasonably reflects
the need for the improvement.
A.
Where applications for development suggest the need for off-tract
improvements, whether to be installed in conjunction with development
in question or otherwise, the Planning Board or the Zoning Board of
Adjustment, as the case may be, shall forthwith forward to the Township
Committee a list and description of all such improvements, together
with a request that the Township Committee determine and advise the
Approving Board of the procedure to be followed in construction or
installation thereof, including timing.
B.
The Township Committee, within 90 days after receipt of said list
and description, shall determine and advise the Planning Board or
Zoning Board of Adjustment, as the case may be, concerning the procedure
to be followed and advise the Approving Board with regard to suggested
conditions of approval, if any, to adequately protect the municipality.
C.
In the event that the Planning Board or Zoning Board of Adjustment,
as the case may be, is required by statute to act upon the application
prior to receipt of the Township Committee's determination as to construction
of off-tract improvements, it shall request the applicant to consent
to an extension of time within which to act, of sufficient duration
to enable the Township Committee to make the aforesaid determination.
In the event that the applicant is unwilling to consent to the requested
extension of time, the Planning Board or Zoning Board of Adjustment,
as the case may be, shall, in its discretion, either itself determine
the procedure to be followed in constructing the aforesaid improvement
or shall condition its approval upon the subsequent determination
of the Township Committee.
A.
In all cases, developers shall be required to enter into an agreement
or agreements with Knowlton Township in regard to off-tract improvements,
in accordance with this chapter and any other ordinances, policies,
rules and regulations of the Township of Knowlton, Warren County and
the State of New Jersey and any departments, authorities or agencies
thereof.
B.
Where properties outside the subject tract will be benefitted by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with § 11-174, Off-tract/off-site accounts, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
C.
Where properties outside the subject tract will benefit by the improvements,
the Township Committee may determine that the installation of improvements
is to be constructed by the municipality as a general improvement,
the cost of which is to be borne as a general expense. If the Township
Committee shall determine that the improvement or improvements shall
be constructed or installed as a general improvement, the Township
Committee may direct the Planning Board to estimate, with the aid
of the Township Engineer or such other persons who have pertinent
information or expertise, the amount, if any, by which the total cost
thereof will exceed the total amount by which all properties, including
the subject tract, will be specifically benefitted thereby, and the
subdivider or developer shall be liable to the municipality for such
expense.
D.
If the Township Committee shall determine that the improvement or
improvements shall be constructed or installed as a local improvement,
all or a part of the cost of which is to be assessed against properties
benefitted thereby in proportion to the benefits conferred by the
improvements in accordance with Chapter 56 of Title 40 of the Statutes
of the State of New Jersey, the developer may be required to sign
an agreement acknowledging and agreeing to this procedure and, in
addition, the Township Committee may require that the developer shall
be liable to the municipality, in addition to the amount of any special
assessments against the subject property for benefits conferred by
the improvement or improvements, for the difference between the total
cost actually incurred and the total amount by which all properties,
including the subject tract, are specially benefitted by the improvements,
as the same may be determined by the Board of Improvement Assessors.
E.
If the Township Committee shall determine that the improvements are
to be constructed or installed by the applicant, such agreement may
contain provisions, consistent with the standards in this chapter
and any other rules, regulations or policies of the Township of Knowlton,
County of Warren and the State of New Jersey and any departments,
authorities or agencies thereof with jurisdiction therein, whereby
the applicant shall be reimbursed by the municipality or otherwise
as a result of any participation fees, connection charges, charges
paid in regard to developer's agreement with other applicants and
the like, all in accordance with an agreement between the Township
Committee and the applicant.
F.
In determining the procedures to be followed in the event of the
submission of a list and request from the Planning Board, the Township
Committee shall be guided by the following standards and considerations:
(1)
The local trends in regard to the probability of development within
the drainage or circulation area in question and the intensity of
such development;
(2)
The risk and exposure that neighboring areas are subject to in the
event that the improvements to be required are delayed;
(3)
The extent to which temporary measures may sufficiently alleviate
the condition or conditions requiring the off-tract improvement and
the likelihood that larger, regional or subregional facilities will
be required in the future to serve the development tract and the general
area of the municipality in which the same is located; and
(4)
The extent to which the health, safety and welfare of the residents,
both current and future, depend upon the immediate implementation
of the off-tract improvement.
In the event that a minor or major subdivision or site plan
adjoins or includes existing township streets that do not conform
to widths as shown on either the Master Plan or Official Map or the
street width requirements of this chapter, additional land along both
sides of the street sufficient to conform to the right-of-way requirements
shall be provided. The additional widening shall be provided to the
township for the location, installation, repair and maintenance of
streets, drainage facilities, utilities and other facilities customarily
located on street rights-of-way and shall be expressed on the plat
as follows: "Street right-of-way easement granted to the Township
of Knowlton permitting the township to enter upon these lands for
the purposes provided for and expressed in the Land Subdivision Ordinance
of the Township of Knowlton." This statement on an approved plat shall
in no way reduce the developer's responsibility to provide, install,
repair or maintain the facilities in the area dedicated by ordinance
and/or as shown on the plat and/or as provided for by any maintenance
or performance guaranties. If the subdivision or site plan is along
one side only, 1/2 of the required extra width measured from the center
line of the roadway shall be dedicated and that portion of the existing
street or road adjoining or included within a subdivision or site
plan shall be improved, including excavation, grading, gravel base,
drainage facility and surfacing, in accordance with the road improvement
standards of this chapter.
Where the proposed off-site and off-tract improvement is to
be undertaken at a future date, funds required for the improvement
shall be deposited to the credit of Knowlton Township in a separate
account until such time as the improvement is constructed. In lieu
of a cash escrow account, developers may present irrevocable letters
of credit for the term required in a form acceptable to the Township
Attorney. If the off-site and off-tract improvement is not begun within
10 years of the deposit, all moneys and interest shall be returned
to the applicant or the letter of credit, as the case may be, surrendered.
An off-site and off-tract improvement shall be considered begun if
Knowlton Township has taken legal steps to provide for the design
and financing of such improvements.
