[HISTORY: Adopted by the Borough Council of the Borough of Eatontown
9-13-1978 by Ord. No. 10-78. Amendments noted where applicable.]
The short title by which this chapter shall be known shall be the "Off-Tract
Improvement Ordinance of the Borough of Eatontown."
Where the Planning Board determines that off-tract improvements are
necessary for the proper development and utilization of the proposed site
or subdivision and the surrounding area, it may require either that such off-tract
improvements be installed or that the developer contribute to the installation
of such off-tract improvements. Where the Planning Board has determined that
off-tract improvements are required, it shall be a condition of the granting
of final approval that such improvements be constructed or that the developer
shall make payments toward the ultimate installation of off-tract gutters,
sidewalks, water mains, sanitary sewers, storm sewers, culverts, retention
basins, monuments and streetlights, all in accordance with the specifications
governing on-tract improvements.
A.
If the Planning Board determines that the developer may
contribute toward required off-tract improvements in lieu of such improvements
being installed, the Planning Board shall allocate the cost of said off-tract
improvements in accordance with the standards hereinafter set forth. The improvement
of a stream and/or the widening of or the construction of drainage or other
improvements in a street or road fronting on the tract to be subdivided and/or
developed shall not constitute an off-tract improvement, and the cost of said
improvement shall not be allocated.
B.
The allocation of the cost of off-tract improvements
shall be determined in accordance with the following:
(1)
The Planning Board may consider the total cost of the
off-tract improvements, the benefits conferred upon the site or subdivision,
the needs created by the site or subdivision, population and land use projects
for the general areas of the site or subdivision and other areas to be served
by the off-tract improvements the estimated times of construction of off-tract
improvements and the condition and periods of usefulness, which periods may
be based upon the criteria of N.J.S.A. 40:2-22. The Planning Board may further
consider the criteria set forth below.
(2)
Road, curb, gutter and sidewalk improvements may be based
upon the anticipated increase of traffic generated by the site or subdivision.
In determining such traffic increase, the Planning Board may consider traffic
counts, existing and projected traffic patterns, quality of roads and sidewalks
in the area and the other factors related to the need created by the site
or subdivision and anticipated thereto.
(3)
Drainage facilities may be based upon the percentage
relationship between the site or subdivision acreage and the acreage of the
total drainage basins involved or upon calculations developing the percentage
contribution that the storm runoff from a particular site or subdivision bears
to the total design capacity of any improvement, the particular methods to
be selected in each instance by the Borough Engineer.
(4)
Sewage facilities shall be based upon a proportion as
determined by the current rules and regulations of the Eatontown Sewerage
Authority.
(5)
Water supply and distribution facilities may be based
upon the current rules and regulations governing the particular utility supplying
water service.
C.
All moneys received by the municipality in accordance
with the provisions of this section shall be paid to the Municipal Treasurer,
who shall provide for a suitable depository therefor. Such funds shall be
used only for the improvements for which they are deposited or improvements
serving the same purposes unless such improvements are not initiated for a
period of five years from the date of payment, after which time said funds
shall be transferred to the capital improvement fund of the municipality.
D.
The apportionment of costs shall be determined by the
Planning Board. The developer shall be afforded an opportunity before said
Board to present evidence relative thereto.
Nothing in this section of the chapter shall preclude the municipality
from assessing any property benefiting from installation of any off-tract
improvements, as provided in this section, pursuant to the provisions of the
Revised Statutes of New Jersey, an allowance being made to the respective
parcels of realty for payments herein.
Before any developer effectively assigns any of his interest in any
preliminary or final approval he must notify the Administrative Secretary
and supply detailed information with regard to the name, address, principals,
type of organization, competency, experience and past performance of the assignee,
transferee or agent. Notice of such assignment or transfer shall be given
no later than 10 days after its effective date. The assignee must be made
acquainted with all the conditions of approval and the developer shall so
certify.
A.
No contractor, builder, developer or subcontractor shall
engage any personnel in any of the work on constructing any improvements unless
they are continually supervised by a competent, English-speaking supervisor
acceptable to the Borough Engineer.
B.
No less than five days prior to commencing construction
of any improvements on the site, the developer or his agent shall provide
the Borough Engineer with the names, addresses, phone numbers and emergency
phone numbers of the subdivider and/or a representative empowered to act for
the developer and/or each contractor and their supervisor in charge of the
construction, setting forth the aspect of construction for which each is responsible.
C.
The developer may retain throughout the course of construction
a registered New Jersey professional engineer to supervise the implementation
of the approved subdivision or site design and to make periodic reports to
the Borough as well as to the developer regarding conformance of the construction
with the requirements of final approval.
D.
If the developer proposes to retain someone other than
the engineer who prepared the final plat to supervise construction, he shall
notify the Borough Engineer and the Planning Board of the name, address and
license number of the engineer retained. If at any time during the course
of construction the developer elects or is required to replace the responsible
engineer and/or employ additional engineers, he shall likewise notify the
Borough Engineer and the Planning Board.
E.
The supervising engineer shall immediately notify the
Borough Engineer of any deviation, observed or proposed, from the requirements
of final approval and/or this chapter.
F.
At regular intervals during the course of construction,
but not less often than at monthly intervals, the supervising engineer shall
submit to the Borough Engineer a report listing his observations of the work
undertaken during the reporting period, specifically noting any deviation
from the requirements of final approval and/or this chapter and listing those
improvements expected to be undertaken during the next reporting period. The
developer shall accompany any request for acceptance of public improvements
and/or release of performance guaranties with a certification by the responsible
supervising engineer attesting to the completion of the improvements in full
conformance with the requirements of final approval and this chapter and/or
specifically noting any deviation there from.
