A. 
Land. No land shall be subdivided for residential purposes unless on-site hazards to life, health or property from flood, fire, disease, smoke, excessive vibration, noise, odor and dangerously irregular terrain conditions shall have been eliminated or unless the plans for the subdivision provide adequate safeguard against such hazards.
(1) 
Lands on slopes greater than 10% or land with a year-round water table within one foot of the ground surface shall not be built upon.
(2) 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and extending 15 feet back from the top of the bank of the stream or pond.
(3) 
No building, paved area or leaching field from an individual sewage disposal system shall be located within 50 feet of the top of the bank of any stream or pond having a year-round flow. No soil removal or excavation of land which drains into and which is within 200 feet of the top of the bank of such stream or pond shall take place except in accordance with an erosion and sediment control plan approved by the Borough Engineer.
B. 
Development. Proposed subdivisions shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously and the implementation of Borough and county development plans may be secured.
C. 
Utility lines. All telephone, telegraph, electrical utility lines, television cables and other utility lines shall, in residential subdivisions, be placed below ground.
A. 
Block length. Blocks shall not be less than 500 feet long nor more than 1,300 feet long, except that blocks along major streets shall not be less than 800 feet long. Crosswalks up to 12 feet wide may be required for blocks more than 1,000 feet long.
B. 
Block width. Blocks shall be wide enough for two tiers of lots and shall not be less than 200 feet wide.
C. 
Through lots.
(1) 
Double or reverse frontage lots are to be avoided and generally will not be permitted unless the lots are a minimum of 200 feet deep. Where the rear yards of double frontage lots abut major or secondary highways and the lots are entirely served by a separate residential service or neighborhood feeder street, their use may be required.
(2) 
Where reverse frontage lots are used, rear property lines shall be appropriately fenced and/or landscaped with hedge, evergreen shrubbery or trees at least five feet tall at the time of planting unless existing growth provides equivalent buffering. No driveway or other means of automotive access shall be constructed directly from such lot to the major street abutting it; and the deed to each such lot shall contain a restriction against such construction.
D. 
Grading. Blocks and lots shall be graded to secure drainage away from buildings and to prevent the collection of stormwater in pools. Unless it is determined by the Borough Engineer not to be feasible, all lots shall be graded so that they drain toward the street.
E. 
Lot lines. Lot lines shall be at right angles to street lines or radial thereto wherever practicable.
F. 
House numbers. House numbers shall be assigned to each lot as provided in Chapter 114, Buildings, Numbering of, of the Code of the Borough of Gibbsboro.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Residential parking. Parking shall be as provided by the Residential Site Improvement Standards for residential uses in N.J.A.C. 5:21-1.1 et seq.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Integration. The proposed street pattern shall be integrated with the Borough plan of streets and shall be related to the topography so as to produce usable lots and reasonable street grades.
B. 
Design and purpose. Streets shall be designed according to their function and laid out to preserve the integrity of their design.
C. 
Widths. Desirable minimum street widths are as follows, but no street other than a marginal service street shall have less than a fifty-foot right-of-way. The greater widths of a cartway shall be provided to accommodate on-street parking as may be required by the approving authority.
[Amended 5-18-1982 by Ord. No. 82-2]
Type of Street
Right-of-Way
Width
(feet)
Cartway Width
(feet)
Minor residential
54
28, if lots are larger than 1/2 acre with 100-foot minimum frontage; 36 otherwise
Marginal service
40
20 to 28
Collector
66
24 to 40
Arterial
Standards of the County Planning Board
D. 
Continuations. New streets shall be laid out to continue existing streets at no reduction in width, provided that such continuations are both reasonable and practicable. When development is proposed along existing streets of insufficient width, sufficient additional width from the center line to conform to the above standards shall be required.
E. 
Names. Continuations of existing streets shall be known by the same name. Names for new streets shall not duplicate or closely resemble names of existing streets.
F. 
Access. Street layout shall make provision for access to all lots in the subdivision and to adjacent undeveloped areas, whether on the same or an adjoining tract. The subdivider shall improve access streets to the limits of the subdivision.
G. 
Reserve strips. Reserve strips controlling access to the subdivision or to adjacent areas are prohibited unless control and disposal of them are vested in the Borough.
H. 
Half streets. Provision of half streets, except to complete existing half streets, is prohibited.
I. 
Highway frontage. If the subdivision abuts a present or proposed arterial street, the approving authority may require the use of reverse frontage lots or the use of a marginal service street along the edge of the highway, but separated from it by a raised strip at least five feet wide.
[Amended 5-18-1982 by Ord. No. 82-2]
J. 
Railroad influence. When a subdivision abuts a railroad, streets crossing the railroad shall be kept to a minimum and shall be located to facilitate grade separation. Grade crossing shall not be unprotected.
K. 
Dead-end streets. Dead-end streets are prohibited, unless constructed as culs-de-sac not exceeding 600 feet in length, with a turnaround having a minimum radius of 50 feet to the outside curbline. Drainage shall preferably be away from the turnaround or provided for by storm sewers.
L. 
Street improvements. Provision of storm sewerage inlets, catch basins and manholes shall meet the requirements and the approval of the Borough Engineer as regards both design and location.
M. 
Intersections. Street intersections shall be designed according to the following standards:
(1) 
No more than two streets shall cross at the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 70°, measured at the center lines of the streets, will not be permitted.
(2) 
Intersecting streets shall not enter into the same side of major traffic streets at intervals of less than 300 feet. Minor streets which enter a major traffic street from opposite sides should be directly opposite to each other; or, if necessary, they may be separated by at least 200 feet between center lines, measured along the center line of the major traffic street.
(3) 
Curb radii at intersections shall be according to the following schedule of minimum lengths: 20 feet for residential service streets and alleys; 30 feet for collector streets; and 35 feet for major streets. When streets of different categories intersect, requirements for the more important one shall hold. The street right-of-way line shall be parallel to the curbline.
(4) 
A seventy-five-foot clear sight triangle shall be provided, in which no permanent structures shall be placed except for light standards, street signs and fire hydrants.
N. 
The following standards shall apply to the design and location of alleys:
[Amended 5-18-1982 by Ord. No. 82-2]
(1) 
Public alleys shall not be permitted in residential developments except by permission of the approving authority. Where public alleys are permitted in residential developments, they shall be 20 feet wide and paved for the full width. No part of any dwelling, garage or other structure may be located within 15 feet of the center line of a public alley.
(2) 
Alleys serving commercial and industrial establishments are required unless other provisions for service are approved by the approving authority. Alleys serving such establishments shall have a paved cartway of at least 20 feet. If it is impossible for an alley to go through a block, the alley shall be provided with an adequate turnaround at its closed end.
O. 
Sidewalks and bikeways.
[Added 7-24-2002 by Ord. No. 2002-12]
(1) 
Concrete sidewalks, four inches thick, Class B, shall be constructed along the entire frontage of all commercial, residential, industrial or park land sites as part of any site plan, use variance or Zoning Board approval.
(2) 
Concrete sidewalk shall be four feet wide and shall be constructed at an offset from the center line of the right-of-way as determined by the Municipal Engineer or County Engineer.
(3) 
If concrete sidewalk currently exists on a site, but is in poor deteriorated condition, the sidewalk shall be removed and replaced to the specifications described above.
(4) 
If the Planning Board or Zoning Board should determine that it is not necessary to construct sidewalk as part of an application, the applicant shall make a contribution to the Borough calculated as follows: length of the frontage of the property times four feet divided by nine square feet per one square yard. The number of square yards calculated, times $65 per square yard, shall be the required value of the contribution.
(5) 
If the Planning Board or Zoning Board make a determination that concrete sidewalk is not required and a bituminous bikeway would be more appropriate, the applicant shall be required to construct a bituminous path to serve as such.
(6) 
Bituminous bikeways shall be eight feet wide and shall be constructed along the frontage of the subject property at an offset to be determined by the County Engineer or Municipal Engineer.
(7) 
Bituminous bikeways shall be bituminous surface course, FABC-1, Mix I-5, two inches thick over dense graded aggregate, four inches thick over a well-compacted subgrade.
(8) 
If the Planning Board or Zoning Board should determine that it is not necessary to construct a bike path, then the applicant shall make a contribution to the Borough calculated as follows: Length of frontage of the property times eight feet divided by nine square feet per square yard. The number of square yards calculated, times $55 per square yard, shall be the required value of the contribution.
P. 
Streetlighting. Existing streets or streets proposed for public dedication shall be adequately illuminated in accordance with the following standards:
[Added 6-25-2003 by Ord. No. 2003-8]
(1) 
General requirements.
(a) 
Sufficient and adequate lighting shall be provided on each street to ensure the illumination of intersections, significant curvature of the cartway, crosswalks, intersections, and driveways of nonresidential uses.
(b) 
Streetlighting shall be installed at no cost to the municipality by the developer of the land and shall be bonded as a public improvement in accordance with N.J.S.A. 40:55D-53.
(c) 
For residential subdivisions, streetlighting shall be installed prior to the issuance of any certificate of occupancy for a dwelling that is not a model house along all roadways necessary to ensure at least one route of illuminated access.
(d) 
Acceptance of streetlighting operating expenses shall be in accordance with N.J.S.A. 40:55D-53.6, as it may be amended or superseded.
(2) 
Lighting fixture types. The following requirements shall apply to lighting fixtures:
(a) 
Lamp types. Streetlighting shall be provided with high-pressure sodium lamps, 150 watts at the intersection of two or more public streets and nonresidential driveways in excess of 100 vehicle trips AADT, and 100 watts otherwise.
(b) 
Pole types. Poles for freestanding fixtures shall generally be fluted and tapered from base to top and in accordance with specifications as promulgated by the Borough Engineer from time to time.
(c) 
Fixture types. Fixtures shall generally be of an "acorn" style with clear plastic lenses capable of being fitted with house-side shields and in accordance with specifications as promulgated by the Borough Engineer from time to time.
(3) 
Location, height and fixture spacing.
(a) 
Location. The base of the pole (not including the footing) shall be set back a minimum of 2.5 feet from the face of curb or edge of cartway and 15 feet from the apex of an intersection. The maximum setback shall be six feet from the face of curb or edge of cartway, as the case may be. Lighting poles shall be placed in the planting strip within the right-of-way. Footings shall extend no higher than the top of curb or sidewalk, whichever is higher. Footings with an exposure of more than six inches shall be finished with a brush or trowel.
(b) 
Mounting height. Fixtures shall be mounted on sixteen-foot tall poles, or as directed by the Borough Engineer in special circumstances.
(c) 
Fixture spacing. The following spacing requirements shall apply to streetlighting.
[1] 
Residential access and residential subcollector streets. Street lights shall be installed on one side of the street spaced a maximum of 200 feet on center. Poles shall be placed, to the greatest extent feasible, in line with shared property boundaries.
[2] 
Other streets. All other streets not classified as residential access or residential subcollectors (utilizing the definitions of N.J.A.C. 5:21-1.4) shall be illuminated with streetlights on both sides of the street. Streetlights shall be paired on opposite sides of the street and spaced a maximum of 200 feet on center along the street.
[3] 
The presence of vertical and/or horizontal curves or other topographic or land improvement factors may necessitate a closer interval. Any necessary deviations from the spacing interval shall be approved by the Borough Engineer.
Q. 
Streetscape improvements.
[Added 4-27-2005 by Ord. No. 2005-4]
(1) 
All subdivision applications shall be subject to the provisions set forth in this subsection. Streetscape improvements shall be constructed along the entire frontage of all commercial, residential, industrial or parkland sites as part of any subdivision, use variance or Zoning Board approval.
(2) 
All streetscape improvements must be constructed within an area that is located between the curbline and 15 feet from the curbline along the entire frontage of the property.
(3) 
An easement shall be granted to the Borough by the applicant to provide the additional area that is necessary outside of the existing right-of-way limits to complete the fifteen-foot improvement area requirement.
(4) 
The construction of the streetscape improvements shall be the responsibility of the applicant/developer. All future maintenance, repair or replacement activities/costs shall be the responsibility of the property owner.
(5) 
The streetscape construction shall be in accordance with the design standards listed in § 400-34B(11) of the Borough Code. All streetscape improvements must be shown on the site plan as part of the completeness review portion of the application.
A. 
Sanitary drainage. Design, location and capacity of on-lot water supply or sewage treatment systems shall be according to the regulations of the Board of Health or the county or state health agency or the State Department of Environmental Protection. Consideration shall be given to providing community treatment by waste stabilization ponds, subject to the approval of local, county or state agencies. The feasibility and design of any such facility, however, shall be determined by a professional engineer with verifiable experience in the successful design and construction of the type of facility proposed. Sewer rentals and unsubdivided interest in the facility shall be offered for dedication to the Borough. Such installations shall be subject to the same performance and maintenance guaranties as listed for required public improvements. Before occupancy, the sanitary facilities of each building shall be ready for use and connected to a fully completed disposal system.
B. 
Water facilities. A public water supply system shall be required in all major subdivisions for lots of less than 1/2 acre. Before occupancy, the water system shall be connected to each dwelling.
C. 
Installation. Installation of all sewer, water and other utilities shall be in strict accordance with the engineering standards and specifications of the Borough Engineer, municipal authority or other public utility concerned. In addition to sewer mains, laterals shall be installed for each proposed dwelling and/or lot to the curbline and/or the limit of the easement.
[Amended 9-20-1977 by Ord. No. 77-10]
D. 
Manholes. Manholes for sanitary sewers shall not be more than 300 feet apart on straight runs, and there shall be a manhole at every point of substantial change in course or grade and at intersections of sewer lines.
E. 
Easements. Where common utility lines are installed in or over undedicated land, a public easement seven feet six inches on each side of the line shall be required.
[Amended 5-18-1982 by Ord. No. 82-2]
A. 
Land requirements. Areas set aside for recreational or school purposes shall be reasonably compact parcels, placed to serve all parts of the subdivision, with not less than 100 feet of frontage on a public street and not excessively irregular in terrain.
B. 
Landmarks. Wherever possible, developers shall preserve trees more than six inches in diameter at the base of the trunk, groves, waterways, scenic points, historic spots and other community assets and landmarks.
C. 
Recreation and open space.
(1) 
In order to provide for the safety and general welfare of the public, all subdivisions which will result in five or more dwelling units shall set aside no less than 10% of the total area of the subdivision for off-street recreation and/or play area, and said area shall not include easement or right-of-way areas. The location, form and design of such areas shall be approved by the approving authority. The area specifically designated for recreational purposes shall be fully usable for that purpose and shall have all improvements as required by this chapter. Wherever possible, recreation sites should be located adjacent to school sites. In the case of large subdivisions, consideration should be given to decentralizing several smaller recreational areas throughout the development. The method of preserving such areas for recreation open space, whether by easement, deed restriction, dedication, homeowners'-association type or other means, shall be approved by the approving authority.
(2) 
In the selection of the location of such open spaces, consideration shall be given to the preservation of natural features.
(3) 
In special circumstances where the subdivision will result in not less than five nor more than 10 dwelling units and where, due to the size, location and design requirements of the subdivision, it is not feasible, in the opinion of the approving authority, to set aside such area or areas for open space, the applicant shall make a payment in lieu of the provision of such open space land to the Borough. Such payments shall be placed in a special recreational open space land fund to be utilized solely for the purchase of public recreational open space. The amount of the payment shall be equal to the value of land which would otherwise have been provided within the subdivision itself in compliance with the regulations of this chapter.
(4) 
The developer shall install as a minimum the following recreational facilities on the land which has been set aside for recreational purposes:
Dwellings
Tot-Lots
Tennis Courts
Basketball Courts
Multi-
purpose Field
1 to 4
1
5 to 25
1
26 to 50
1
1
51 to 100
1
1
101 to 150
1
1
1
151 to 200
2
1
2
201 to 250
2
1
2
1
251 to 300
3
1
2
1
301 to 350
3
2
3
1
351 to 400
4
2
3
2
401 to 450
4
2
3
2
451 to 500
5(a)
2(b)
3(c)
2(d)
NOTES:
(a)
Plus one for every 100 units or fraction thereof over 500
(b)
Plus one for every 200 units or fraction thereof over 500
(c)
Plus one for every 125 units or fraction thereof over 500
(d)
Plus one for every 200 units or fraction thereof over 500
A. 
Street and lot layout of a nonresidential subdivision shall be appropriate to the land use for which the subdivision is proposed and shall conform to the regulations and standards of Chapter 400, Zoning, and this chapter. Such standards herein as are not pertinent to the type of development proposed may be waived or modified in keeping with the public interest and with the purposes and intent of this chapter.
B. 
The following goals and objectives shall be adhered to:
(1) 
The developer shall demonstrate to the satisfaction of the approving authority that the proposed street and block patterns will permit the logical development of land and tracts and that provision has been made for the extension of power, sewer, water and other utilities into neighboring tracts which can be similarly developed.
[Amended 5-18-1982 by Ord. No. 82-2]
(2) 
Street right-of-way and cartway standards and street paving shall be adequate to accommodate the type, weight and volume of traffic which is anticipated in accordance with Borough specifications.
(3) 
Streets and railroads, where included, shall be arranged to minimize accident hazards within the site to avoid traffic conflicts on adjacent and connecting streets and to ensure adequate circulation through the entire subdivision.
(4) 
All off-street parking areas shall be paved according to the road specifications of the Borough and shall be laid out with raised barriers or painted stalls to facilitate the convenient and efficient use of the area as it is intended to be used, planned to be used or might be used. Such off-street parking areas shall be suitably illuminated.
(5) 
Off-street space for truck loading and unloading shall be provided for commercial and industrial uses. Delivery and refuse trucks shall be able to service each use from a location and to maneuver without hazard to those using the parking areas.
(6) 
Adjacent residential areas shall be protected from potential nuisances by the proposed nonresidential use by such means as providing extra depths to lots which back up on residential areas, arrangements of lighting facilities and by making provisions for permanently landscaped buffer areas along residential district property lines.
(7) 
Streets intended for truck traffic shall not normally be extended into residential districts or connected to predominantly residential streets.
[Added 9-20-1977 by Ord. No. 77-8]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
APPROVING AUTHORITY
The Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
B. 
The approving authority shall require, as a condition of final subdivision or site plan approval, that the developer pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro rata share shall only be required where the off-tract improvements are to be constructed pursuant to provisions of the circulation and comprehensive utility service plans included in the Borough's Master Plan. The developer shall either install the improvements or contribute his pro rata share of the costs, at the option of the developer. If the developer installs the improvements, he shall be compensated for all but his pro rata share of the cost of said improvements.
C. 
The developer shall pay the full cost of all off-tract improvements required by the approving authority if such off-tract improvements are wholly necessitated by the proposed development and said improvements do not benefit any land other than the land within the subdivision or site plan.
D. 
The developer shall provide for payment of its pro rata share, allocated in conformance with the standards set out in Subsections F and G hereof, of all off-tract improvements required by the approving authority if such improvements are wholly or partially necessitated by the proposed development and said improvements benefit lands other than those within the subdivision or site plan.
E. 
In the event that the approving authority shall determine that off-tract improvements are required in connection with any subdivision or site plan, then prior to granting final approval:
(1) 
The approving authority shall report to the Borough Council:
(a) 
The location, character and extent of the required off-tract improvements.
(b) 
The Borough Engineer's estimate of the total cost of such off-tract improvements.
(c) 
The proposed allocation of said total cost determined in accordance with the standards set forth in Subsections F and G below.
(2) 
The Borough Council shall determine and report to the approving authority whether and by what date the off-tract improvements will be constructed by the Borough as a general improvement or as a local improvement, or as a combination thereof; or whether the developer, at his option, may construct the required off-tract improvements and be reimbursed pursuant to a formula specified by the Borough Council if the improvement specifically benefits property other than that within the subdivision or site plan.
(3) 
The approving authority shall require, as a condition of final approval of the subdivision plat or site plan, that:
(a) 
If the improvement is to be constructed by the Borough as a general improvement, the developer shall deposit with the Borough Treasurer an amount equal to the difference, if any, between the estimated cost of the improvement and the estimated total amount by which all properties, including the subdivision or site plan to be serviced by the improvement, will be specially benefited by the improvement; or
(b) 
If the improvement is to be constructed by the Borough as a local improvement, the developer shall deposit with the Borough Treasurer, in addition to the amount specified in Subsection E(3)(a) above, the estimated amount by which the subdivision or site plan will be specially benefited by the improvement.
F. 
In determining the allocation of costs for off-tract improvements as between the developer, other property owners and the Borough, the approving authority shall be guided by the following factors:
(1) 
The total estimated cost of off-tract improvements.
(2) 
The increase in market values of the properties affected and any other benefits conferred.
(3) 
The needs created by the application.
(4) 
Population and land use projections for the land within the general area of the subdivision or site plan and other areas to be served by the off-tract improvements.
(5) 
The estimated time for construction of the off-tract improvements.
(6) 
The condition and periods of usefulness of the improvements which may be based upon the criteria of N.J.S.A. 40A:2-22.
G. 
Without limiting the generality of the foregoing, the approving authority may take into account the following specific factors:
(1) 
With respect to street, curb, gutter, sidewalk, streetlight, street sign and traffic light improvements, the approving authority may consider:
(a) 
Traffic counts.
(b) 
Existing and projected traffic patterns.
(c) 
Quality of roads and sidewalks in the area.
(d) 
Such other factors as it may deem relevant to the needs created by the proposed development.
(2) 
With respect to drainage facilities, the approving authority may consider:
(a) 
The relationship between the areas of the subdivision or site plan and the area of the total drainage basin of which the subdivision or site plan is a part.
(b) 
The proposed use of land within the subdivision or site plan and the amount of land area to be covered by impervious surfaces on the land within the subdivision or site plan.
(c) 
The use, condition or status of the remaining land area in the drainage basin.
(3) 
With respect to water, gas and electric supply and distribution facilities, the approving authority may consider the use requirements of the use proposed for the subdivision or site plan and the use requirements of all other properties to be benefited by the improvements.
(4) 
With respect to sewerage facilities, the approving authority may consider:
(a) 
The anticipated volume of effluent from the use proposed for the subdivision or site plan and the anticipated volume of effluent from all other properties to be benefited by the improvements.
(b) 
The types of effluent anticipated and particular problems requiring special equipment or added costs.
H. 
Any money received by the Borough Treasurer for off-tract improvements to be constructed or installed by the Borough pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the Borough is responsible has not commenced within five years from the date of deposit, the amount deposited, together with any interest thereon, shall be returned to the developer or his successor in interest.
I. 
Upon completion of any improvement constructed by the Borough as a general or local improvement, the total cost of such improvement shall be determined by the ordinance providing for such improvements. The difference between the actual cost as so determined and the estimated cost shall be computed. The developer or his successor in interest shall make remittance to the Borough if the actual cost exceeds the estimated cost, or shall receive a refund from the funds deposited with the Borough if the estimated cost exceeds the actual cost, in an amount which bears the same relationship to the difference between the actual and estimated costs as the amount deposited by the developer for his proportionate share of the estimated cost bears to the total estimated cost. Any sum payable by the developer or his successor in interest may be levied and collected by the Borough in the same manner as is provided by law for the levy and collection of real estate taxes.
J. 
In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed that the fee owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made pursuant to Subsections H and I of this section are the lawful successors in interest to the developer, and each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, of any funds to be returned or additional charge to be made pursuant to this section. Upon payment of any such sums to said fee owners, the Borough shall be released of liability to any other person.
[Added 10-18-1977 by Ord. No. 77-13]
No person or developer in conjunction with the construction or improvement of a real estate development shall excavate or otherwise move or remove soil or earth for the purposes of creating a retention or detention pond, whether temporary or permanent, except by special permit to be issued jointly by the Planning Board and the Borough Engineer.