B.
Said Official Map shall be deemed conclusive with
respect to the location and width of streets and public drainageways
and the location and extent of flood control basins and public areas,
whether or not such streets, ways, basins or areas are improved or
unimproved or are in actual physical existence.
[Amended 2-13-2001 by Ord. No. O-1-2001]
For the purpose of preserving the integrity of the Official Map, no permit shall be issued for any building or structure in the bed of any street or public drainageway, flood control basin or public area reserved pursuant to § 253-29 of this chapter as shown on the Official Map or as shown on a plat filed pursuant to this chapter before adoption of the Official Map, except as provided herein. Whenever one or more parcels of land, upon which is located the bed of such mapped street or public drainageway, flood control basin or public area reserved pursuant to the Master Plan, cannot yield a reasonable return to the owner unless a building permit is granted, the Board of Adjustment may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the Board, direct the issuance of a permit for a building or structure in the bed of such mapped street or public drainageway or flood control basin or public area reserved pursuant to § 253-29 hereof, which will as little as practicable increase the cost of opening such street or tend to cause a minimum change of the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public. Sections 253-55 through 253-58 of this chapter shall apply to applications or appeals pursuant to this section. The Zoning Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to § 253-26.
A.
No building permit for the erection of any building
or structure for which a certificate of occupancy is required shall
be issued unless the lot abuts a street improved to the minimum standards
established by this chapter.
B.
Applicability. This chapter shall apply to those circumstances
where the property in question is not subject to the provisions of
the Franklin Township Subdivision Ordinance. No approvals or relief
shall be granted under this chapter to an applicant who attempts,
through subterfuge or other means, to circumvent the provisions of
the Franklin Township Subdivision Ordinance.
C.
Compiling of lists. In order to carry out the provisions
of this chapter and the intent of the statutes of the State of New
Jersey pertaining thereto, the Township Zoning Officer shall compile
and maintain a list of all streets within the township which are existing
state, county or municipal streets or highways or are shown on a plat
given final approval by the Planning Board for which adequate guaranties
of construction have been given to the township, all of which meet
or exceed the minimum improvement standards established by this chapter.
This shall be called herein "List No. 1." He shall also compile a
separate list of those streets shown on filed maps which were approved
prior to the passage of this chapter but which streets have not been
constructed in accordance with the standards set forth in this chapter.
This shall be called "List No. 2." The list described above may be
maintained by the Township Zoning Officer in any suitable form, including
an appropriately marked map of the township.
D.
Copies of the list described above shall be kept by
the Township Zoning Officer and shall be consulted whenever application
is made for a building permit. If the lot in question abuts one of
the streets shown on List No. 1 referred to above, the appropriate
permit may be issued, and if not, the Zoning Officer shall issue a
denial slip. If the street appears on List No. 2 or on neither list,
the Zoning Officer to whom application is made shall make further
investigation to determine the status of the proposed street. The
applicant may then proceed to construct the street in question in
accordance with the standards established by this chapter or post
performance bonds to so complete the street within two years. The
Construction Code Official may, in his discretion, accept a personal
performance guaranty for performance of the said road improvements
in lieu of performance bond by the applicant, but only in such cases
when the applicant is the owner of the premises subject of the permit.
Such a personal performance guaranty must be signed by all owners
of the premises. Any default in performance by the applicant shall
cause a municipal lien to be placed upon the real property subject
of the permit. The municipality shall have the right to foreclose
upon the said real estate by reason of the municipal lien in accordance
with the provisions of law. The Construction Code Official shall determine
the maximum length of time, not to exceed two years, in which the
said improvements shall be completed. Said performance bonds or personal
performance guaranties shall be in an amount determined by the Township
Construction Code Official in accordance with the estimate of cost
prescribed by the Township Engineer in an amount not to exceed 120%
of cost for installation of street improvements. In any event, no
certificate of occupancy shall be issued to the applicant unless the
necessary improvements for complete access to the property have been
completed.
E.
Fees and charges.
(1)
Any applicant requesting a building permit for a lot
abutting a street set forth on List No. 2 shall pay an application
fee of $100 and an escrow fee of $400, which fees shall defray the
costs of review of engineering data and inspections required by this
chapter.
[Amended 10-10-1989 by Ord. No. O-14-89]
(2)
Each applicant shall also agree in writing to pay
all reasonable costs for professional review of the road design plan
and the inspection of improvements required by this chapter. Sums
not utilized in review and inspection processes shall be returned
to the applicant. If additional sums are deemed necessary, the applicant
shall be notified of the required additional amount and shall add
such sum to the amount paid to the Engineer. No final approval shall
be granted unless all required fees and escrows have been paid.
F.
Minimum requirements. The minimum requirements for
street construction qualifying a lot for a building permit shall be
as follows:
(1)
The right-of-way width shall be a minimum of 50 feet.
Sites having frontage on unimproved roads that do not conform to the
street width requirements of this chapter shall dedicate additional
width along either one or both sides of said road. If the site is
along one side only, 1/2 of the required extra width shall be dedicated.
(2)
The unimproved road shall be surfaced using the applicable
roadway paving criteria established in the "Residential Site Improvement
Standards" (N.J.A.C. 5:21-1 et seq.).
[Amended 2-13-2001 by Ord. No. O-1-2001]
(3)
The unimproved road shall be surfaced for the total
roadway width established in the "Residential Site Improvement Standards"
(N.J.A.C. 5:21-1 et seq.) for the subject roadway designation.
[Amended 2-13-2001 by Ord. No. O-1-2001]
(4)
Where a potential storm drainage problem exists, the
applicant will furnish sufficient data and drainage calculations to
show that the methods proposed will alleviate existing and future
drainage problems.
G.
Road improvement plan required. The applicant shall
submit a road improvement plan which shall be clearly and legibly
drawn or reproduced at a scale of not less than one inch equals 100
feet. The plan shall be designed and drawn by a licensed New Jersey
professional engineer and shall show or be accompanied by the following
information:
(1)
A key map showing the entire site and its relation
to surrounding areas.
(3)
Sufficient elevations or contours to determine the
general slope and natural drainage of the unimproved road and center-line
profiles showing existing grade and proposed grades with vertical
curves at grade changes having sufficient radius to provide a smooth
transition and proper sight distance.
(4)
A typical road cross section conforming to the paving
standards of this chapter.
H.
Certification from engineer required. Prior to the
applicant commencing construction, he shall supply the Township Engineer
with certification from a licensed surveyor or professional engineer
that the location and alignment of the road, as staked out, is in
accordance with a filed map. The Township Engineer shall be contacted
by the applicant at least 48 hours prior to work being commenced by
the applicant.
I.
Notification of compliance or noncompliance. If the
Township Engineer shall determine that the applicant has complied
with all the provisions of this chapter and any other applicable ordinances,
he shall certify in writing to the Township Construction Code Official
that a building permit may be issued to the applicant or, if a bond
has been posted and buildings constructed, that a certificate of occupancy
may be issued to the applicant. In the event that the Township Engineer
shall determine that the street or road constructed is not in compliance,
he shall notify the applicant in writing and shall state his findings.
J.
Variances. Where the enforcement of any provision
of this chapter would entail practical difficulty or unnecessary hardship,
or where the circumstances of the case do not require the building
or structure to be related to a street, the Board of Adjustment may,
upon application or appeal, vary the application of any section of
this chapter and direct the issuance of a permit subject to conditions
that will provide adequate access for fire-fighting equipment, ambulances
and other emergency vehicles necessary for the protection of health
and safety and that will protect any future street layout shown on
the Official Map or on a general circulation plan element of the Municipal
Master Plan.
K.
When effective; nonapplicability. This chapter shall take effect immediately after final passage and publication; however, the provisions of this chapter shall not apply to any owner of land who owned such land prior to the effective date of this chapter to the extent that said owner may qualify for one building permit in Franklin Township to construct a building on any premises not having frontage on a road set forth in List No. 1 without complying with the standards set forth in this chapter. Said owner shall qualify for only one such permit irrespective of the number of lots or parcels of land owned. Further, the provisions of this chapter shall not apply to any owner of land or his assignee who obtained minor subdivision approval from the Franklin Township Planning Board when such owner improved a Franklin Township road, county road or state road at the direction of the Planning Board in accordance with the definition of an improved street as established by § 253-3. Nothing in this section shall be construed to mean that such owner need not comply with all other building requirements set forth in the Franklin Township Code or the New Jersey statutes.
