A.
Prior to the granting of final approval, the subdivider
shall have installed or shall have furnished performance guaranties for the
ultimate installation of the following:
(1)
Streets shall be surfaced in accordance with applicable
standards and specifications of the Township. Construction shall be subject
to inspection and approval by the Township Engineer. All underground utilities,
such as water supply lines, house service connections, fire hydrants, gas
mains and all other underground utilities, if included and made part of the
preliminary plat, shall be constructed and completed before the construction
of the pavement takes place.
[Amended 7-18-2000 by Ord. No. 2000-14]
(2)
Street name signs shall be placed at all street intersections
within or abutting the subdivision. The signs shall be of a type approved
by the Township and shall be placed in accordance with the standards of the
Township.
(3)
No topsoil shall be removed from the site or used as
spoil. Topsoil moved during the course of construction shall be redistributed
according to a grade plat to be filed with the Secretary of the Planning Board
and the final map or plat shall show that the grade plan set forth in the
preliminary plat or map has been complied with.
(4)
Monuments shall be of the size and shape required by
Section 4 of Chapter 358 of the Laws of 1953 and shall be placed in accordance
with the statute.
(5)
Water mains, culverts, storm sewers and sanitary sewers
and other utilities, if included and made part of preliminary plat or plans
submitted for preliminary approval, shall be properly connected with an approved
system and shall be adequate to handle all present and probable future development.
(6)
Recycling areas shall be established in multifamily housing
developments in accordance with the following standards.
[Added 7-18-2000 by Ord. No. 2000-14]
(a)
There shall be included in any new multifamily housing
development that requires subdivision or site plan approval an indoor or outdoor
recycling area for the collection and storage of residentially generated recyclable
materials. The dimensions of the recycling area shall be sufficient to accommodate
recycling bins or containers which are of adequate size and number, and which
are consistent with anticipated usage and with current methods of collection
in the area in which the project is located. The dimensions of the recycling
area and the bins or containers shall be determined in consultation with the
Municipal Recycling Coordinator and shall be consistent with the district
recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A.
13:1E-99.13), and any applicable requirements of the Municipal Master Plan
adopted pursuant to Section 6 of P.L. 1987, c. 102.
(b)
The recycling area shall be conveniently located for
the residential disposition of source-separated recyclable materials, preferably
near, but clearly separated from, a refuse dumpster.
(c)
The recycling area shall be well lit and shall be safely
and easily accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from parked
cars or other obstacles. Reasonable measures shall be taken to protect the
recycling area and the bins or containers placed therein against theft of
recyclable materials, bins or containers.
(d)
The recycling area or the bins or containers placed therein
shall be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable. Any bins
or containers which are used for the collection of recyclable paper or cardboard
and which are located in an outdoor recycling area shall be equipped with
a lid, or otherwise covered, so as to keep the paper or cardboard dry.
(e)
Signs clearly identifying the recycling area and the
materials accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped with
signs indicating the materials to be placed therein.
(f)
Landscaping and/or fencing shall be provided around any
outdoor recycling area and shall be developed in an aesthetically pleasing
manner.
B.
All the above listed improvements shall be subject to
inspection and approval by the Township Engineer who shall be notified by
the developer at least 24 hours prior to the start of construction. No underground
installation shall be covered until inspected and approved. All fees for inspections
shall be paid by the person or person requesting approval of the improvements.
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 to be constructed at the sole expense of
the 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 Planning Board may require the applicant, as a condition of subdivision
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 toward required off-tract
improvements.
(1)
In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where the Planning Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the Planning Board in writing. Said resolution or determination of the Planning Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of the same. In its deliberation as to whether off-tract improvements are required, the Planning Board shall be guided by the rules and regulations specified in Chapter 185, Zoning, this chapter and the Township Master Plan. The Planning Board may also be guided by counsel from the Planning Board Attorney, engineer, any consultant and other qualified experts and municipal officials relative to the subject matter.
(2)
In the event that the Planning Board determines that
one or more improvements constitute an off-tract improvement, the Planning
Board shall notify the Township Council of the same specifying the Board's
recommendation relative to the estimated cost of the same, the applicant's
prorated share of the cost and possible methods or means to implement the
same, including but not limited to performance and maintenance guaranties,
cash contributions, development agreements and other forms of surety.
(3)
The Planning Board shall not grant final approval on
the subdivision until all aspects of such conditions have been mutually agreed
by both the applicant and the Township Council of the Township of Hardyston
and a written resolution to that effect by the Township Council has been transmitted
to the Planning Board.
C.
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 chapter for other improvements.
(2)
Development agreement. Where a development agreement
is required governing off-tract improvements or other conditions as may be
required by this chapter or by the Planning Board, said agreement shall be
approved as to form, sufficiency and execution by the Planning Board Attorney
and Township Attorney. Said agreement shall specify the amount of cash contributions,
if any, the method of payment of the same, the relative timing of such payments
and the obligation or obligations to be undertaken by the Township of Hardyston.
(3)
Cash contributions; when not required. 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, guaranty or
other surety of the applicant in lieu of such conditions imposed by the Township
of Hardyston; or
(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 municipality, subject to standards and other
conditions as may be imposed by the Township of Hardyston.
(4)
Cash contributions; method of payment. Where a cash contribution
is required by this chapter said contribution shall be deposited with the
Treasurer of the Township of Hardyston with a copy of the applicant's transmittal
letter forwarded to the Township Council, the Township Engineer and Planning
Board. Any and all moneys 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 Township of Hardyston and may be used
for general municipal purposes, but in such event, neither the applicant nor
any of his or her heirs, executors, administrators, or grantees shall be liable
to the Township of Hardyston for any assessment for the purpose of installing
any of the improvements for which said cash contribution was made.
D.
Pro rata 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)
Street widening, alignment, corrections, channelization
of intersections, constructions 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 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.
(2)
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.
(3)
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 minutes 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)
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. Applicant's engineer shall compute the
drainage basin area and 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 Planning 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 Planning 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.[1]
[1]
Editor's Note: Original Section 12-7.2, Multi-Family Dwellings, which
immediately followed this subsection, was deleted 7-18-2000 by Ord. No. 2000-14.
A.
No final plat shall be approved by the Planning Board until the completion of all required improvements has been certified to the Planning Board by the Township Engineer, unless the subdivision owner has filed with the Township a performance guaranty meeting all requirements of § 33-43 of Chapter 33, Land Use Procedures.
