[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Prior to the granting of final approval of subdivisions or site
plans, the developer shall have installed all improvements specified
in this Part 2 or shall have furnished performance guarantees for
the ultimate installation of those improvements. Improvements for
residential uses shall conform to the Residential Site Improvements
Standards (RSIS), N.J.A.C. 5:21-1.1 et seq. These standards shall
be considered the minimum for all nonresidential uses, with modifications
or additions as required by the Borough Engineer and the Planning
Board or as modified elsewhere in this Part 2.
A. Streets. All streets shall be paved from curbline to curbline.
B. Street signs. Appropriate street signs shall be installed at all
street intersections and shall be of a type specified by the Borough
Engineer. Street signs shall be installed prior to the issuance of
certificates of occupancy, and the cost of signs and installation
of same shall be borne by the developer.
C. Clear view at intersections.
(1)
No fence, structure, planting or shrubbery over 30 inches in
height above the level of the pavement at the center of the street,
opposite the point in question, shall be erected, planted or maintained
on any corner lot, in any zone, within 25 feet of the intersection
formed by the projection of the two street side lines at the corner.
(2)
No fence, structure, planting or shrubbery shall be permitted
within three feet of any street side line, on any lot, in any zone.
The branches of all trees and shrubs projecting beyond such street
side line must be trimmed at all times in order to ensure unobstructed
vision and clearance eight feet above the ground or sidewalk level.
D. Topsoil protection. No topsoil shall be removed from the site or
used as spoil unless permission is first obtained from the Borough
Engineer and the Planning Board. Topsoil moved during the course of
construction shall be redistributed so as to provide at least four
inches of cover to all areas of the subdivision and shall be stabilized
by seeding or planting.
E. Monuments. Monuments shall be of the size and shape required by N.J.S.A.
46:26B-3, Monumentation, and shall be placed in accordance with such
statute.
F. Catch basins. Catch basins shall be constructed as directed and located
by the Borough Engineer.
G. Soil or earth moving. No change shall be made in the elevation or
contour of any lot or site, except as approved by the Borough Engineer
and the Planning Board. All changes in elevation and contours approved
by the Borough Engineer and the Planning Board shall be shown on the
preliminary and final plat and profiles.
H. Fire hydrants. Fire hydrants shall be installed in locations approved
by the Fire Department.
I. Construction stakes and grades. All construction stakes and grades
thereon shall be set by a licensed land surveyor in the employ of
the developer or his/her contractor, and a duplicate copy of the notes
made therefrom shall be filed with the Borough Engineer.
J. Commencement of site work. No site work shall commence without the
Borough Engineer being properly notified. Such notice shall be given
at least one week before the commencement of work.
K. Debris. All stumps, litter, rubbish, brush, weeds, dead and dying
trees, roots and debris shall be removed from the site to the satisfaction
of the Borough Engineer. None of the above shall be buried or covered.
L. Construction standards and specifications. The construction standards
and specifications of the Borough, as now or hereafter adopted, shall
govern the construction and installation of all of the above improvements.
Failure of the developer or his/her contractor or agent to conform
to such specifications shall be just cause for the suspension of the
work being performed and all permits being revoked, and no person
shall have the right to demand or claim damages from the Borough,
its officers, agents or servants by reason of such suspension or revocation.
M. Inspection. No underground installation shall be covered until inspection
has been made and is approved by the Borough Engineer.
N. As-built improvement plans. The developer shall provide and file
with the Borough Engineer one complete set of as-built improvement
plans and profiles showing actual construction as approved prior to
the release of the performance guarantees. Same shall be submitted
in both paper (signed and sealed) and electronic format in a format
acceptable to the Borough Engineer.
All improvements, except electric, gas and water lines, shall be installed with the inspection and approval of the Borough Engineer. The inspection costs are to be borne by the developer. Such cost shall be determined by the Borough Engineer. The estimate of the costs of the improvements shall be made by the Borough Engineer prior to final approval. (See also Article
6, Fees, Deposits, Guarantees and Other Payments.)
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-42,
construction of, or contributions for, off-tract water, sewer, drainage
and street improvements may be required in accordance with the following
criteria:
A. Improvements at sole expense of applicant. In cases where reasonable
and necessary need for an off-tract improvement or improvements is
necessitated or required by the proposed development application,
and where no other property owners receive a special benefit thereby,
the Board may require the applicant, as a condition of subdivision
or site plan approval, at the applicant's sole expense, to provide
for and construct such improvements as if such were on-tract improvements,
in the manner provided hereafter and as otherwise provided by law.
B. Contributions by developer.
(1)
In cases where the need for any off-tract improvement is necessitated
by the proposed development application, and where the Board determines,
in writing, that properties outside the development will also be benefited
by the improvements, the Board shall require such contribution from
the developer towards the cost of such improvement or improvements
as the Board determines is fair and equitable, considering the benefit
to the development and the creation in acceleration of the need by
the development. The resolution or determination of the Board shall
specify the off-tract improvements which are necessary and the terms
and conditions which shall be imposed upon the applicant to insure
the successful and reasonable implementation of same. In its deliberation
as to whether off-tract improvements are required, the Board shall
be guided by the rules and regulations specified in Part 3, Zoning,
this Part 2 and the Borough Master Plan. The Board may also be guided
by counsel from the Board Attorney, Engineer and other qualified experts
and Borough officials.
(2)
In the event that the Board determines that one or more improvements
constitute an off-tract improvement, the Board shall notify the Borough
Council of same, specifying the Board's recommendation relative to
the estimated cost, the applicant's prorated share of the cost and
possible methods or means to implement same, including, but not limited
to, performance and maintenance guarantees, cash contributions, development
agreements and other forms of surety.
(3)
The Board shall not grant final approval of the subdivision
until all aspects of such conditions have been mutually agreed to
by both the applicant and the Borough Council, and a written resolution
to that effect by the Council has been transmitted to the Board.
C. Methods of implementation.
(1)
Performance and maintenance guarantees. Where a performance
or maintenance guarantee 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
2 for other improvements.
(2)
Development agreement. A development agreement governing off-tract
improvements or other conditions as may be required by this Part 2
or by the Board shall be approved as to form, sufficiency and execution
by the Board Attorney and Borough Attorney. Such agreement shall specify
the amount of cash contributions, if any, the method of payment of
same, the relative timing of such payment and the obligation or obligations
to be undertaken by the Borough.
(3)
Cash contributions; exceptions. Cash contributions for off-tract
improvements shall not be required under the following conditions:
(a)
Where another county or state agency has jurisdiction over the
subject improvement and requires a cash contribution, guarantee or
other surety of the applicant in lieu of such conditions imposed by
the Borough;
(b)
Where a benefit assessment or other similar tax levy is imposed
upon the applicant for the off-site improvement provided; or
(c)
Where the applicant, where legally permissible, can undertake
the improvements in lieu of the Borough, subject to standards and
other conditions as may be imposed by the Borough.
(4)
Cash contributions; payment. Where a cash contribution is required
by this Part 2, such contribution shall be deposited with the Chief
Financial Officer (CFO) of the Borough, with a copy of the applicant's
transmittal letter forwarded to the Borough Council, the Borough Engineer
and the Board. Any and all monies received by the Treasurer shall
be deposited in an escrow account for the purpose of undertaking the
improvements specified. Where such improvements are not undertaken
or initiated for a period of 10 years, the funds may be retained by
the Borough and may be used for general Borough purposes, but in such
event, neither the applicant nor any of his/her heirs, successors,
executors, administrators or grantees shall be liable to the Borough
for any assessment for the purpose of installing any of the improvements
for which such cash contribution was made.
D. Formula for determining applicant's share of off-tract improvements.
Where an off-tract improvement is required, the following criteria
shall be utilized in determining the proportionate share of such improvement
to the applicant:
(1)
Streets and accessories. Street widening, alignment, corrections,
channelization of intersections, construction of barriers, new or
improved traffic signalization, signs, curbs, sidewalks, trees, 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 calculated by the Borough Engineer in
accordance with N.J.S.A. 40:55D-42.
(2)
Water facilities. Any Borough expense for water distribution
facilities, including the installation of new 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.
(3)
Sewers. 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 to the sum of the present peak-flow deficiency in the existing
system or subsystem and the estimated peak-flow rate from the proposed
development. 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.
(4)
Drainage facilities. 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 to the sum of the existing peak flow 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, the area of the 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 Board.
(5)
General considerations. In calculating the proportionate or
pro rata amount of the cost of any required off-tract facilities which
shall be borne by the applicant, the Board shall also determine the
pro rata amount of cost to be borne by other owners of lands which
will be benefited by the proposed improvements.