A.
Each site plan shall provide for the following:
(1)
Consistency of the development with the Borough Zoning
Ordinance[1] except in those cases where application is being made
to the Planning Board for a variance from the terms and provisions
of said Zoning Ordinance.
[Amended 2-13-1996 by Ord. No. 1-96]
(2)
Safe and efficient vehicular and pedestrian circulation,
parking and loading, including widening of public roads and the provision
of acceleration and deceleration lanes where necessary.
(3)
Appropriate locations of structures and adequate screening
and landscaping.
(4)
Exterior lighting for safety reasons, in addition
to adequate streetlighting. Adequate lighting for parking areas and
appurtenant parking areas and driveways as specified in the municipal
agency's minimum site plan design standards.
(5)
Adequate water supply, drainage, sewage facilities
and other utilities necessary for essential service to residents and
occupants.
(6)
Any area reserved for public use shall be of suitable
size, shape and location to serve its intended purpose.
(7)
Adequate protection and conservation of soils through
an erosion and sedimentation control plan.
(8)
Compliance with standards for grading; improvement
and construction of streets or driveways, walkways, curbs and gutters;
streetlights and other outdoor lighting; shade trees; screening; fire
hydrants and water; drainage; fencing and sewage facilities; and other
improvements in accordance with minimum site plan design standards
adopted by the municipal agency with the concurrence of the Borough
Engineer, copies of which shall be on file in the office of the Borough
Clerk. Such improvements shall be installed by the developer and shall
be subject to performance guaranty requirements where not completed
before issuance of a building permit and certificate of occupancy
and to maintenance guaranty requirements. Where certain utilities
to be installed are under other governmental authority or jurisdictions,
they shall be adhered to by the developer. A letter approving the
proposed installations by the Borough Engineer and a statement by
the applicant as to who will carry out the construction will be required.
B.
Notwithstanding the provisions hereinabove set forth, there is herein incorporated by reference the New Jersey residential site plan improvement standards, appearing as N.J.A.C. 5:21-1.1 et seq., together with any amendments thereto, which shall govern any site improvements carried out or intended to be carried out or required to be carried out in connection with any application for residential subdivision, site plan approval or variance before any municipal agency created pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or in connection with any other residential development approval required or issued by the Borough of Maywood; provided, however, that such regulations shall not supersede any provision of the Zoning Ordinance of the Borough of Maywood (Part 2 of Chapter 209 of the Code of the Borough of Maywood).
[Added 6-24-1997 by Ord. No. 9-97]
A.
The approving authority shall require, as a condition
of final site plan approval, that the developer pay its pro rata share
of the cost of providing only reasonable and necessary street improvements
and water, sewerage and drainage facilities and easements therefor
located off-tract but necessitated or required by construction or
improvements within such development. The developer shall either install
the improvements or contribute his pro rata share of the costs, at
the option of the developer.
[Amended 4-25-2001 by Ord. No. 13-01]
B.
The developer shall pay the full cost of all off-tract
improvements required by the approving authority if such off-tract
improvements are wholly necessitated by the proposed development and
said improvements do not benefit any land other than the land within
the site plan.
C.
The developer shall provide for payment of its pro rata share, allocated in conformance with the standards set out in Subsection E(1)(a), (b), (c) and (d) hereof, of all off-tract improvements required by the approving authority if such improvements are wholly or partially necessitated by the proposed development and said improvements benefit lands other than those within the site plan.
D.
Methods of implementation.
(1)
Performance and maintenance guaranties. Where a performance
or maintenance guaranty or other surety is required in connection
with an off-tract improvement, the applicant shall be required to
follow the same procedures and requirements as specified in this Part
3 for other improvements.
(2)
Cash contributions.
(a)
Cash contributions for off-tract improvements
shall not be required under the following conditions:
[1]
Where a county or state agency has jurisdiction
over the subject improvement and required a cash contribution, guaranty
or other surety of the applicant;
[2]
Where a special assessment is imposed upon the
applicant for the off-tract improvement provided; or
[3]
Where the applicant, where legally permissible,
chooses to undertake the improvements in lieu of the municipality.
(b)
Where a cash contribution is required by this
Part 3, said contribution shall be deposited with the Treasurer of
the Borough of Maywood in an escrow account for the purpose of undertaking
the improvements specified.
(3)
Any money received by the Treasurer of the Borough
of Maywood for off-tract improvements to be constructed or installed
by the Borough of Maywood pursuant to the provisions of this section
shall be deposited in a suitable depository therefor and shall be
used only for the improvements for which they are deposited or improvements
satisfying the same purpose. If construction of improvements for which
the Borough of Maywood is responsible has not commenced within five
years from the date of deposit, the amount deposited, together with
any interest thereon, shall be returned to the developer or his successor
in interest.
E.
Pro rata formula for determining applicant's share
of off-tract improvements.
(1)
In determining the allocation of costs for off-tract
improvements as between the developer, other property owners and the
Borough, the approving authority shall be guided by the following
factors:
(a)
The total estimated cost of off-tract improvements.
(b)
The increase in market values of the properties
affected and any other benefits conferred.
(c)
The needs created by the application.
(d)
Population and land use projections for the
land within the general area of the site plan and other areas to be
served by the off-tract improvements.
(e)
The estimated time for construction of the off-tract
improvements.
(f)
The condition and periods of usefulness of the
improvements, which may be based upon the criteria of N.J.S.A. 40A:2-22.
(2)
Where an off-tract improvement is required, the following
criteria shall be utilized in determining the proportionate share
of such improvement to the applicant:
(a)
For street improvements, including street widening,
alignment, corrections, channelization of intersections, construction
of barriers, new or improved traffic signalization, signs, curbs,
sidewalks, utility improvements not covered elsewhere and the construction
of new streets and other similar street or traffic improvements, the
applicant's proportionate share shall be in the ratio of the estimated
peak hour traffic generated by the proposed property or properties
to the sum of the present deficiency in peak hour traffic capacity
of the present facility and the estimated peak hour traffic generated
by the proposed development. The ratio thus calculated shall be increased
by 10% for contingencies.
(b)
For water distribution facilities, including
the installation of new water mains, the extension of existing water
mains, the relocation of such facilities and the installation of other
appurtenances associated therewith, the applicant's proportionate
cost shall be in the ratio of the estimated daily use of water from
the property or properties in gallons to the sum of the deficiency
in gallons per day for the existing system or subsystem and the estimated
daily use of water for the proposed development. The ratio thus calculated
shall be increased by 10% for contingencies.
(c)
For sanitary sewage distribution facilities,
including the installation, relocation or replacement of collector
and interceptor sewers and the installation, relocation or replacement
of other appurtenances associated therewith, the applicant's proportionate
cost shall be in the ratio of the estimated daily flow in gallons
to the sum of the present deficient capacity for the existing system
or subsystem and the estimated daily flow from the proposed project
or development. In the case where the peak flow for the proposed development
may occur during the peak flow period for the existing system, the
ratio shall be the estimated peak flow rate from the proposed development
in gallons per minute. The greater of the two ratios thus calculated
shall be increased by 10% for contingencies and shall be the ratio
used to determine the cost to the applicant.
(d)
For stormwater and drainage improvements, including
installation, relocation or replacement of transmission lines, culverts,
catch basins and the installation, relocation or replacement of other
appurtenances associated therewith, the applicant's proportionate
cost shall be in the ratio of the estimated peak surface runoff as
proposed to be delivered into the existing system measured in cubic
feet per second deficient for the existing system and the estimated
peak flow as proposed to be delivered. The ratio thus calculated shall
be increased by 10% for contingencies. The applicant's engineer shall
compute the drainage basin area and the area of development and the
percent of the total drainage basin area occupied by the development.
Where no drainage system exists which will receive the flow of surface
water from the applicant's development, the applicant shall furnish
all drainage rights-of-way deemed to be necessary by the municipal
agency.
(3)
The approving authority shall require, as a condition
of final approval of the site plan, that:
(a)
If the improvement is to be constructed by the
Borough of Maywood as a general improvement, the developer shall deposit
with the Treasurer of the Borough of Maywood an amount equal to the
difference, if any, between the estimated cost of the improvements
and the estimated total amount by which all properties, including
the site plan to be serviced by the improvements, will be specially
benefitted by the improvement.
(b)
If the improvement is to be constructed by the Borough of Maywood as a local improvement, the developer shall deposit with the Treasurer of the Borough of Maywood, in addition to the amount specified in Subsection E(3)(a) above, the estimated amount by which the site plan will be specially benefitted by the improvement.
(c)
All cost estimates shall be prepared by the
applicant's engineer and shall be subject to review and approval by
the Borough Engineer.
(d)
Upon completion of any improvement constructed
by the Borough of Maywood as a general or local improvement, the total
cost of such improvement shall be determined by the ordinance providing
for such improvements. The difference between the actual cost as so
determined and the estimated cost shall be computed. The developer
or his successor in interest shall make remittance to the Borough
of Maywood if the actual cost exceeds the estimated cost or shall
receive refund from the funds deposited with the Borough of Maywood
if the estimated cost exceeds the actual cost, in an amount which
bears the same relationship to the difference between the actual and
estimated costs as the amount deposited by the developer for his proportionate
share of the estimated cost bears to the total estimated cost. Any
sum payable by the developer or his successor in interest may be levied
and collected by the Borough of Maywood in the same manner as is provided
by law for the levy and collection of real estate taxes.
