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.
B. 
No improvements which have been inspected shall be finally approved until a maintenance guaranty has been filed as required by § 33-43 of Chapter 33, Land Use Procedures.