Prior to granting final approval, the subdivider shall have installed the following improvements, except for those set forth in § 186-18:
A.
Streets and pavement. The subdivider shall construct
streets and pavement meeting the minimum specifications hereinafter
set forth in this chapter or such higher specifications as may be
required by the Borough Engineer.
(1)
Right-of-way width. The right-of-way width shall be
measured from lot line to lot line and shall not be less than 50 feet.
(2)
Pavement width. The pavement width for all streets shall be 36 feet and shall be measured from curb face to curb face and paved in its entirety according to the specifications as set forth in Subsection A(4).
(3)
Subgrade. Topsoil shall be stripped from the proposed
roadbed for the entire width of the pavement and other improvements;
all soft spongy material shall be removed from the area. All loose
rock or boulders shall be removed or broken off at least six inches
below the surface of the subgrade. Subgrades shall be compacted to
a density of not less than 95% of maximum. All embankments shall be
made in conformance with current New Jersey State Highway Department
specifications.
(4)
Pavements. Pavements shall be constructed of a base
course with a bituminous surface. Materials and construction methods
shall be in conformance with current New Jersey State Highway specifications.
The minimum requirements shall be as follows:
(5)
Concrete curb. Materials and construction methods
shall be in conformance with current New Jersey State Highway specifications.
Curb shall be nine inches wide at the bottom, six inches wide at the
top, 20 inches vertical measurement, six inches above the pavement
surface at the curbline, and so constructed that the back face of
the curb is vertical. The top of the curb shall be lowered four inches
at all driveways.
(6)
Storm drains. All streets shall be provided with sufficient
inlets, storm drains, culverts and other drainage appurtenances for
the proper drainage of the area considering both present and future
needs, with final disposition to a natural watercourse or other approved
existing storm drain. The storm drains shall be constructed of reinforced
concrete pipes conforming to the requirements of the Standard Specifications
for Reinforced Culvert Pipes, ASTM Designation C-76 of the year of
last revision, or bituminous coated, corrugated metal pipe. The minimum
pipe size allowed in any storm drainage system shall be of a fifteen-inch
diameter. The standard, size, location and depth of storm drains shall
be approved by the Borough Engineer.
(7)
Water supply. When in the opinion of the Planning
Board a public water supply system is accessible, each lot within
the subdivision area shall be provided with water supplied from the
public water supply system. In the event the public water supply system
is accessible but inadequate to supply domestic water as well as water
for fire protection the subdivider may, after approval by the Mayor
and Borough Council, alter the public water supply system in such
manner that an adequate supply of potable water will be available
for this purpose. The cost of the required extension of mains or alteration
of the public water and connections shall be borne by the subdivider.
In the event that a public water supply system is not accessible to
the proposed subdivision, the subdivider shall construct wells or
a private water supply system in such a manner that an adequate supply
of potable water will be available to every lot in the subdivision
at the time improvements are erected thereon. The adequacy, healthfulness
and potableness of the water supply shall be subject to the approval
of the Board of Health of the borough and the State Department of
Health when it is required. The construction of wells or water supply
system shall be carried on under the direction and control of the
Board of Health of the borough and of the State Department of Health
when required and all of the construction shall be subject to the
approval of the Borough Engineer.
(8)
Sanitary sewers. Where a public sanitary sewer system
is reasonably accessible, each lot within a subdivision area shall
be provided with sewage disposal facilities by the required extension
of sewer mains and connections thereto, the cost thereof to be borne
by the subdivider. All such installations shall be subject to the
approval of the Borough Engineer.
(a)
Where a public sanitary sewer system is not
reasonably accessible the subdivider may be required to install sewer
lines and a sanitary sewer disposal plant at his/her own cost and
expense and in accordance with the specifications of the State Department
of Health and all such installations shall be subject to the approval
of the Board of Health of the borough, the State Department of Health
and the Borough Engineer.
(b)
Where a public sanitary sewer is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required in accordance with Subsection A(8)(a) hereof, the subdivider may install within the subdivision a complete sewer pipe system including provision for connection thereto at each lot but, in lieu of constructing the sanitary sewer disposal plant, the subdivider may install individual sewage disposal systems for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the requirements of the Individual Sewage Disposal System Code of New Jersey (1953) adopted by the Board of Health of the Borough of Hamburg on February 19, 1960, and amended.
(9)
Fire hydrants. Fire hydrants shall be installed in
all subdivisions where a central water supply exists. Fire hydrants
shall be of the type approved by the borough and shall be placed and
installed at intervals of not greater than 500 feet. Such installation
shall be subject to the inspection and approval of the Borough Engineer.
(10)
Street name signs. Street name signs shall be
placed at all street intersections within or abutting the subdivision.
Such signs shall be of a type approved by the borough and shall be
placed in accordance with the standards of the borough.
(11)
Topsoil protection. No topsoil shall be removed
from the site or used as spoil. Topsoil moved during the course of
construction shall be redistributed so as to provide at least four
inches of cover to all areas of the subdivision and shall be stabilized
by seeding or planting, so as to remain in place.
(12)
Monuments. To be of the size and shape required
by Section 4 of N.J.S.A. 46:23-9.4, and shall be placed in accordance
with said statute.
(13)
Culverts and storm drains. All such installations
shall be properly connected with an existing system where available
and shall be adequate to handle all present and probable future development,
with final disposition to an existing natural watercourse.
(14)
Shade trees. Where shade trees are to be located
on the street line they shall be located so as not to interfere with
utilities and sidewalks and shall be of the following types: Norway
Maple, London Plaine, and other types acceptable to borough specifications.
No certification of occupancy shall be issued
on any construction commenced as a result of receiving final approval
until the Borough Engineer shall certify to the Planning Board that
all required improvements have been completed, and the performance
guaranty hereinbefore requested shall have been posted with the Borough
Council. Upon submission to the Planning Board that the performance
guaranty has been posted with the Borough Council, and upon receipt
of the certification by the Borough Engineer that all required improvements
have been completed, the Planning Board shall so certify to the Building
Inspector that a certificate of occupancy may be issued upon completion
of the structure in accordance with the requirements of the Borough
Building Code.
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 are 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 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.
Contribution 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. The 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 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 215, Zoning, this chapter, and the Borough Master Plan. The Planning Board may also be guided by counsel from the Planning Board Attorney, engineer, any consultant and other qualified experts and borough 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 Borough Council specifying the Board's
recommendation relative to the estimated cost of same. The applicant's
prorated share of the cost, and possible methods or means to implement
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 Borough Council and
a written resolution to that effect by the Borough 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, the agreement
shall be approved as to form, sufficiency and execution by the Planning
Board Attorney and Borough Attorney. This agreement shall specify
the amount of cash contributions, if any, the method of payment of
same, the relative timing of such payment and the obligation or obligations
to be undertaken by the Borough of Hamburg.
(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 Borough of Hamburg; 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 borough, subject to
standards and other conditions as may be imposed by the Borough of
Hamburg.
(4)
Cash contributions, method of payment. Where a cash
contribution is required by this chapter, the contribution shall be
deposited with the Treasurer of the Borough of Hamburg with a copy
of the applicant's transmittal letter forwarded to the Borough Council,
the Borough 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 Borough of Hamburg and may be used for general
borough purposes, but in such event neither the applicant nor any
of his/her heirs, executors, administrators, or grantees shall be
liable to the Borough of Hamburg for any assessments for the purpose
of installing any of the improvements for which the 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 period 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, 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.
