Township of Washington, NJ Article VI Existing Streets

[Adopted 9-19-1977; amended 7-16-1990 by Ord. No. 24-90 (Sec. 13-5 of the Revised General Ordinances)]

§ 172-40 Alternate road improvements.

Where existing streets adjoin or are included in major subdivisions or site plans, and where the existing streets are required to be paved and improved in accordance with Chapter 175, Subdivision of Land, § 175-31, General, or in accordance with applicable provisions of Chapter 111, Site Plan Review, the Township shall have the right to waive any requirements as stated in Article I, Specifications for Street Acceptances, and Article II, Sidewalk Construction, provided that:

A. The Township Engineer has recommended that the paving and improvement requirements should be modified in the interest of the development and the public safety and welfare and has specified, in writing, the revised paving and improvement requirements.

B. The value of the work to be performed in existing streets under the above revised requirements is approximately equal to that required under the Township specifications.

C. The developer has agreed in writing to the revised paving and improvements.

D. The Planning Board resolution has specifically recommended the waiver and modification after finding the same to be in the interest of and consistent with the development and the Master Plan circulation element.

E. The Township agrees to the revised paving and improvements on existing streets by the adoption of a resolution by the Township Committee.

F. The alternate or revised paving and improvement on existing streets shall be restricted between November 1 and April 20 pursuant to §§ 172-9D and 172-10D of this chapter. [1]

[Added 2-20-1995 by Ord. No. 3-95]

[1] Editor's Note: Former Subsection 13-5.1g, regarding completion of alternate improvements, which immediately followed this subsection, added 2-20-1995 by Ord. No. 3-95, was repealed 12-18-1995 by Ord. No. 39-95.

§ 172-41 Payments in lieu of construction.

Where construction of the alternate road improvements, per § 172-40, would become the responsibility of more than one party or cannot feasibly be installed by the time estimated for final subdivision or site plan approval:

A. The developer may request that it make payment of estimated cost of improvements in lieu of constructing the same.

B. The Township Committee, at its sole option, may accept this request subject to the following conditions:

(1) These funds shall be dedicated exclusively for the alternate road improvements.

(2) Funds shall be paid as a precondition for the final development approval.

(3) Contracts shall be let, property acquisition commenced or design of improvements commenced.

(a) For subdivision, within five years of acceptance of other dedicated development lands and improvements in the development.

(b) For site plans, within five years of final approval of the final phase.

C. If Subsection B(3) is not complied with timely, the funds shall be returned to the developer, less sums expended, if any, without interest.