Borough of Longport, NJ Article V Improvement Requirements and Specifications

§ 150-12 General requirements.

A. On-tract improvements. On-tract improvements, including street rights-of-way, street or shoulder paving, curb and gutters, street signs, streetlighting, street trees, sidewalks, survey monuments, surface drainageways, surface drainage structures and facilities, potable water supply structures and facilities, sanitary sewerage and facilities, off-street parking and loading areas and improvements and screen or buffer planting, as specified in this article or Chapter 167, Zoning, shall be required where applicable in connection with all minor and major subdivisions and site developments, including permitted planned developments of any kind. Said improvements shall be constructed according to specifications and standards contained in this chapter and the New Jersey State Highway Department's Standard Specifications for Road and Bridge Construction, dated 1989, as amended and supplemented.

B. Off-tract improvements. In the event that off-tract improvements are to be required, preliminary subdivision or site plan approval shall contain a condition that the developer pay his pro rata share of the cost of providing 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. Before consideration of a final subdivision plat or site plan, such off-tract improvements shall be built and completed by the developer or construction of such improvements shall have been guaranteed in accordance with the following provisions:

(1) Types and costs of improvements.

(a) At the time an application for preliminary approval of a development is made and again upon application for final approval, the applicant shall provide the Borough Engineer with an estimate of the types and costs of such off-tract improvements and the amount by which properties, including the development, would benefit thereby.

(b) Such estimate at the time of application for final approval shall include detailed supporting data which shall include but not be necessarily limited to:

[1] The total cost of improvement.

[2] The estimated value of the benefit to the applicant.

[3] The estimated value of the benefits conferred upon others in terms of reasonable likelihood of the use.

[4] The time when such benefits are likely to be conferred.

[5] The reasonable, useful life of the off-tract improvements.

[6] The inflation, deflation or other significant change in the cost of construction.

(c) Such estimate at the time of application for preliminary and final approvals shall be the applicant's best estimates for each of the six above factors, together with his basis therefor.

(d) The Borough Commissioners shall decide whether the off-tract improvements or any combinations of them are to be constructed by the municipality as a general improvement or as a local improvement, or whether construction is to be done by the developer by other formula providing for partial reimbursement to the developer by other property owners where the improvements especially benefit properties other than the developer's.

(2) As a condition for final approval of any stage of a development, the applicant shall provide the Borough with a case deposit or a performance guaranty as provided in Article VI of this chapter to ensure payment to the Borough in the following amounts:

(a) An amount equal to the difference between the estimated cost of the improvement and the estimated total amount by which all property to be served thereby, including the development property, will be specifically benefited by the improvement if the improvement is to be constructed by the municipality as a general improvement.

(b) The estimated amount by which the development especially benefits from the improvement, in addition to the amount required for a general improvement, if the improvement is to be constructed by the municipality as a local improvement.

(c) An amount equal to the estimated cost of the improvement if the improvement is to be constructed by the applicant.

(3) If such off-tract improvements or any combination of them are to be constructed by the applicant, the applicant shall bear the cost of all such improvements and shall be reimbursed by such specially benefited property owners if and when any such off-tract improvements are used in the development of off-tract parcels. The Borough Commissioners may assess or lien the pro rata cost of such off-tract improvements upon other specially benefited property owners at such time as such other specially benefited owner or owners use the off-tract improvements in the development of off-tract parcels. Actual cost figures, rather than estimated cost, shall be used for making such allocations once the improvements are constructed. The cost figures shall be supplied by the applicant and certified by a New Jersey certified public accountant after audit.

C. Installation of improvements. No final plat of a major subdivision or site plan shall be approved by the Planning Board until satisfactory completion of all required improvements (as set forth in the Planning Board's resolution granting preliminary subdivision or site plan approval) shall have been certified to the Planning Board by the Municipal Engineer, unless the developer shall have filed with the Borough Clerk a performance guaranty sufficient in amount and of a suitable form to cover the cost of all such improvements or the uncompleted portion thereof as approved by the Municipal Engineer and guaranteeing the installation of any such uncompleted improvements on or before a date to be specified by the Planning Board. No minor subdivision shall be approved by the Planning Board until the developer shall have filed with the municipality a performance guaranty sufficient in amount to cover the cost of all required on-tract and off-tract improvements and guaranteeing the installation of such uncompleted improvements on or before a date to be specified by the Planning Board.

§ 150-13 Street improvements.

Provisions shall be made for the proper installation of improvements in connection with the subdivision or site plan development according to the following:

A. Sidewalks. Sidewalks or additional walkways may be required in residential, business or industrial areas and shall be determined on an individual basis by the Planning Board, and shall in all cases be sufficient in width to accommodate pedestrian traffic and shall be constructed in accordance with the construction standards and specifications set forth herein.

B. Streetlighting. Streetlights shall be installed in accordance with standards and specifications of the Atlantic Electric Company.

C. Drainage. Drainage shall be provided so that surface water will not flow either over private property, unless the course of the natural drainage by existing ditch is indicated, or over said street so as to erode the same. The method of disposal of surface waters must be satisfactory in the opinion of the Borough Engineer. In the case of a major subdivision, the drainage plan for the entire subdivision, including the street or streets, must be submitted with the tentative plans at the time of the request for tentative approval of the Planning Board. There must be sufficient drainage to intercept any water seepage so as to overcome unfavorable subgrade underground service connections and are to be completed before the paving of any pavement construction material. All driveways from house to street shall be constructed in such a manner as not to interfere with the flow of water in the road or drainage ditches along the public road.

D. Paving of all streets, construction of all curbs and gutters shall be in accordance with § 167-39.

§ 150-14 Off-street improvements.

The following off-street improvements shall be constructed or an adequate performance guaranty posted assuring their construction according to design standards contained in Article VII of this chapter or in Chapter 167, Zoning, prior to the granting of final approval of any major subdivision or site development plan. Any such requirements made in connection with minor subdivisions shall be treated as a condition of final approval with an adequate performance guaranty therefore having been posted.

A. Off-street parking and loading. All required off-street parking and loading areas shall be surfaced with a compacted base course of material, thickness and grade specified in § 167-36. In the case of parking bays only, an approved type of porous paving of a type acceptable to the Municipal Engineer may be substituted as the surface course in order to avoid unnecessary surface runoff.

B. Open space and recreation improvements. Any open space or recreation improvements required in connection with planned development applications that are proposed for dedication to the municipality or that could become the maintenance responsibility of the municipality shall be constructed or installed according to construction and equipment standards promulgated by the municipality. Such standards shall be developed by the Longport Planning Board. All open space and recreation improvements shall be subject to the posting of adequate performance guaranties prior to final approval.

C. Topsoil protection. Where found necessary by the Planning Board, required seeding, sodding, water retention structures, riprapping or other measures necessary to carry out a soil erosion and sedimentation control plan approved by the Soil Conservation District shall be made subject to the provisions of adequate performance and maintenance guaranties as specified in Article VI of this chapter.

D. Monuments. Survey monuments of a size and shape specified by N.J.S.A. 46:23-9.2 et seq.[1] shall be installed in accordance with the provisions of that statute.

[1] Editor's Note: N.J.S.A. 46:23-9.2 et seq. was repealed by L. 1960, c. 141. See now N.J.S.A. 46:23-9.11 et seq.

§ 150-15 Inspections; inspection costs.

All improvements (except electric, gas and telephone lines) shall be installed under the supervision and inspection of the Borough Engineer, the cost thereof to be borne by the developer. Said reasonable cost of inspection shall be estimated in advance by the Borough Engineer, and such amount, in the form of cash or certified check, shall be deposited with the Municipal Clerk before commencement of any construction. The Municipal Clerk shall establish an escrow account to pay for Borough engineering inspection fees. The reasonable cost for inspection shall be paid to the Engineer as work progresses. If said deposit shall be insufficient, any additional reasonable inspection cost shall be paid by the developer before the improvement is accepted by the Borough. Any balance from the deposit after inspection costs have been deducted therefrom shall be refunded to the developer by resolution of the Board of Commissioners of the Borough of Longport.

§ 150-16 Construction requirements.

A. No construction work shall commence without the Borough Engineer's being properly notified. Such notice shall be given at least 48 hours before the commencement of work.

B. Standard construction details are hereby adopted as presently on file in the office of the Municipal Clerk, and said standard construction details with any amendments thereto or revisions thereof presently existing or to be made in the future shall govern the construction and installation of all of the above improvements. Failure of the developer, his contractor or agents to conform to said specifications will be just cause for the suspension of the work being performed.

C. When all of the required improvements have been completed, the obligor shall notify the governing body in writing, by certified mail, addressed in care of the Municipal Clerk, of the completion of said improvements and shall send a copy thereof to the Municipal Engineer. Thereupon the Municipal Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements, with a statement of reasons of any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

D. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification of the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.

E. The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.