[Adopted 12-20-2004 by Ord. No. 117-04]
As used in this article, the following terms
shall have the meanings indicated:
A street that has been dedicated to and accepted by Middle
Township.
A street that has been paved and otherwise constructed so
as to meet all of the applicable requirements of Middle Township.
No zoning permit or building permit shall be
issued to an owner, developer, contractor or other applicant unless
the lot or lots on which the proposed development is to occur has
approved public street frontage and lot frontage meeting the applicable
zoning requirements or a variance from those requirements. Only improved
public streets may have their street lot line counted as lot frontage.
Lots having street lot lines on more than one street may not count
more than one such street line toward the satisfaction of the lot
frontage requirement.
Owners, developers, contractors or other parties
seeking a zoning permit and construction permit may apply to the Middle
Township Committee for permission to extend a "paper" street or other
street previously approved by the Township but not, in fact, improved
and accepted by the Township. The street extension shall be constructed
to connect to an existing improved, approved paved street so that
it runs the full length of the lot on which the development is sought
and satisfies the Zoning Ordinance lot frontage requirement or such
lesser frontage as has been authorized by variance. In no event shall
the street be improved the length of the lot if the improvement does
not meet the minimum lot frontage requirement of the applicable zoning
district or the such lesser frontage as has been authorized by variance.
The foregoing shall apply only to streets over which the Township
has jurisdiction and which extend to and connect with other Township
streets.
A.
Applications for street extensions shall be in writing
on a form approved by Township Committee and shall be accompanied
by street detail plans as hereinafter set forth. Four copies of the
written application request and plans shall be filed in the Township
Zoning Office. One copy shall be retained in that office. One copy
shall be supplied to the Township Engineer, one copy supplied to the
Township Clerk/Administrator and one copy supplied to the Township
Mayor.
B.
The written application shall list the name, address,
telephone and fax number of the property owner and the developer,
contractor or other applicant. When the applicant is not the property
owner, the property owner must sign a written consent to the application.
The Tax Block and Lot number(s) and street address of the premises
involved must be designated.
C.
The following street details, prepared by a licensed
professional engineer, shall be supplied by applicant:
(1)
Any proposed Township street extension shall be a
minimum of 24 feet wide or match the existing pavement width, whichever
is greater.
(2)
Any proposed Township street extension shall be constructed
of dense graded aggregate base course, six inches thick, or soil aggregate
base course designation I-5, six inches thick; bituminous stabilized
base course, Mix I-2, four inches thick; and bituminous concrete surface
course, Mix I-5, two inches thick.
(3)
Any proposed Township street extension shall be constructed
with a minimum cross slope of 2% and maximum cross slope of 4%.
(4)
My proposed Township street extension shall be constructed
with a minimum profile slope of 0.5%.
(5)
Any proposed Township street extension which creates
a total length of street, including the existing improved street,
of more than 500 feet, shall provide an improved cul-de-sac with a
minimum radius of 48 feet and pavement thickness equal to the proposed
street extension outlined above or be extended to the next improved
street intersection.
(6)
Any proposed Township street extension shall provide concrete curb if the existing street to which the extension is matching has existing concrete curb. Concrete vertical curb shall be installed as per New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 1989, or as amended, and § 218-79 of the Middle Township Subdivision and Site Plan Review Ordinance.
(7)
Any proposed Township street extension design plan
shall be provided with existing and proposed grades at the right-of-way
line, edge of pavement and center line and shown on cross sections
every 50 feet.
(8)
Drainage facilities may be required based on the Township
Engineer's evaluation of the proposed grading plan. The applicant
shall be responsible for providing adequate drainage facilities in
accordance with the residential site improvement standards.
(9)
The area between the edge of pavement and right-of-way
line shall be restored with topsoil, fertilizer and seed. Any disturbance
beyond the Township right-of-way shall also be restored by the applicant
to match the conditions prior to construction but shall, at a minimum,
include four inches topsoil, fertilizer and seed.
(10)
Such additional information and details as may
be required by the Township Engineer.
D.
Upon receipt of all required information, the Township
Engineer shall review the proposed street information and supply a
written report on same to the applicant and to the Township Committee.
The Township Committee shall then, at a public meeting, make a determination
as to whether to approve or deny the application. The Township Committee
may approve the application for a street extension if applicant: 1)
complies with all requirements of this article and 2) meets his burden
of showing that the street extension would promote the purposes of
zoning as set forth in the Municipal Land Use Law. The Township Engineer
will notify the applicant of the decision.
E.
If the application is approved, the Township Engineer
shall, prior to any street construction, meet with the applicant to
finalize matters and shall thereafter periodically review and inspect
the installation of the new street.
F.
If the application is denied, the applicant may meet
with the Township Engineer to see if changes can be made to the application
so as to secure approval. Any resulting revised application shall
be presented to and reviewed by the Township Committee in accordance
with the procedure described above.
G.
At the time a street extension application is filed in the Zoning Office, it must be accompanied by: 1) an application fee of $750 and 2) a construction escrow fee for inspections of 5% of the construction cost with a minimum fee of $500. The same procedures shall be followed as those undertaken in connection with an application for development pursuant to Chapter 218 of the Township Code.
At the time of application, the applicant shall
specify, in writing, the name, address and telephone number of the
contractor applicant is employing to do the street extension work.
The contractor shall be a reputable one with experience in this type
of construction.
Applicant shall secure general liability insurance
in the minimum amount of $1,000,000 and the Township of Middle and
its Engineer shall be named insureds on the policy. Applicant shall
also be required to sign an indemnification agreement in favor of
the Township of Middle. This agreement shall be in a form approved
by the Township Attorney.
Prior to the initiation of any work in connection with an approved street extension, the applicant shall be required to provide a performance and maintenance guaranty. The amount of the guaranty shall be established by the Township Engineer who shall develop the amount by using construction costs for public improvements in the general area of the Township. The amount of the performance guaranty shall not exceed 120% of the estimated cost. The maintenance guaranty shall not exceed 15% of the cost of the improvements. The form of the guaranty shall be subject to approval by the Township Attorney. The procedures established by the Township in Chapter 218 of the Township Code shall be employed in the processing and handling of the aforesaid guaranties.
No work done in connection with a street extension
shall be undertaken without the express permission of the Township
Engineer. At least two working days' notice shall be given to the
Township Engineer so that an inspector can be present at the time
the work is done.
