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.
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.
APPROVING AUTHORITY
DEVELOPER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.).
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:
(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:
(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.
