A.
Prior to the granting of final approval, the applicant
shall have installed improvements required by the Planning Board or
have posted, with the Township Committee, a development agreement
covering all required improvements and supported by a performance
guaranty or surety sufficient to cover the costs of said improvements.
The Planning Board may solicit local, county, state, federal, public
or semipublic agencies and knowledgeable individuals on what improvements
shall be required. Improvements recommended by other agencies, such
as a utilities authority and county, state or other governmental agencies,
may be required by the Planning Board as a condition of final approval.
B.
In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the Township for such utilities
or improvements.
C.
The following construction standards and improvements are necessary to protect the health, safety and welfare of the Township of Morris. It is recognized, however, that, in particular situations, all of the improvements listed below may not be appropriate or needed. These items may then be waived in accordance with § 57-90.
A.
Township standards. All standards and specifications
of the Township of Morris as now or hereafter adopted, if any, shall
govern the design, construction and installation of all improvements.
Failure of the applicant, his contractor or agent to conform to said
specifications will be just cause for the suspension of the work being
performed. No applicant shall have the right to demand or claim damages
from the Township of Morris, its officers, agencies or servants by
reason of said suspension.
B.
Other standards.
(1)
In the event that the Township of Morris has not adopted
standards for a specific type of improvement, then generally accepted
engineering standards, as set forth in engineering and construction
manuals as may be modified by the Township Engineer for a specific
situation, shall be used.
(2)
Gas, electric, telephone and similar utilities shall
be installed in accordance with applicable company, state and federal
requirements.
C.
Grades. All construction stakes and grades shall be
set by a licensed land surveyor in the employ of the applicant or
his contractor, and a duplicate copy of the cutsheets made therefor
shall be filed with the Township Engineer.
D.
Inspection. Prior to the start of the construction
or installation of such improvements, the applicant shall advise the
Township Engineer, in writing, at least one week before the commencement
of such work. No underground installation shall be covered until inspected
and approved by the appropriate official. If, during the installation
of any of the required improvements, the applicant fails to meet specification
requirements or to correct unacceptable work, the applicant shall
be notified by the Township Engineer, in writing, by certified mail,
return receipt requested, that the applicant has failed to comply
with specifications or to correct unacceptable work properly, and
said notice shall set forth in detail what has not been properly installed.
If, within two days after certified date of receipt of such notice,
the applicant has failed to institute corrective measures or has failed
to contact the Township Engineer with a view toward instituting such
corrective measures, then and in that event the Township Engineer
shall have the authority to order immediate suspension of all work
within the subdivision, and the Township of Morris shall be free to
proceed in such manner as may be provided for by law.
A.
During construction, the site shall be maintained
and left each day in a safe and sanitary manner, and any condition
which could lead to personal injury or property damage shall be immediately
corrected by the applicant upon an order by any authorized personnel.
B.
Developed areas shall be cleared of all stumps, litter,
rubbish, brush, weeds, dead and dying trees, roots and debris, and
excess or scrap building materials shall be removed or destroyed immediately
upon the request of and to the satisfaction of the Building Inspector
prior to issuance of a certificate of occupancy. None of the same
shall be buried within the Township of Morris.
C.
Earth removal and topsoil.
(1)
No topsoil shall be removed from the site or used
as spoil unless approved by the Township Committee of the Township
of Morris. Topsoil moved during the course of construction shall be
redistributed so as to provide at least six inches of loose cover
to all areas of the subdivision and shall be stabilized by seeding
or planting. Should construction stop on any portion of a tract for
a period of over one year, the topsoil shall be replaced over all
areas in that portion from which it may have been stripped and shall
be appropriately stabilized to the satisfaction of the Township Engineer
of the Township of Morris.
(2)
No change shall be made in the elevation or contour
of any lot or site by the removal of earth to another lot or site
other than as shown on an approved preliminary plat.
(3)
Minimal changes in elevations or contours necessitated
by field conditions may be made only after approval by the Township
Engineer.
(4)
All said changes necessitated by field conditions
shall be shown on the final plat and indicated as a change from the
preliminary plat, or, if final approval has been granted, said changes
shall be shown on the as-built plans.
D.
During construction, the Township Engineer may require
the installation or construction of improvements to prevent or correct
temporary conditions on the site which could cause personal injury,
damage to property or constitute a health or safety hazard. These
conditions may result from erosion and landslide, flooding, heavy
construction traffic, creation of steep grades and pollution. Improvements
may include grading, planting, retaining walls, culverts, pipes, guardrails,
temporary roads and others appropriate to the specific conditions.
A.
Stormwater.
(1)
Provisions shall be made to collect stormwaters within
the subdivision and to convey stormwaters from the subdivision to
rivers and streams, drainage ditches or other stormwater conveyor
capable of accommodating flows. The stormwater disposal system shall
include all or some of the following: curbs, catch basins, culverts,
pipes, stormwater drains, swales, drainage rights-of-way, ditches,
channel improvements or combinations of all or some of the above,
where appropriate. It may also include ground cover seeding, trees,
shrubs, bushes and vegetation.
(2)
The stormwater disposal system shall be connected
with an approved system where one exists and shall be adequate for
all present and future development of the subdivision or outside areas
tributary thereto.
(3)
In the event the water flows to a facility incapable
of handling the expected flow and flooding or erosion may result,
the applicant may be required to improve the stream or facility sufficiently
to handle expected flows resulting from the subdivision.
(4)
The stormwater disposal system for any land area in
the Township shall be devised in such a manner that:
(a)
The rate and/or velocity of stormwater runoff
from said area shall not be increased over that which occurs under
existing conditions.
[Amended 12-12-1979 by Ord. No. 40-79]
(b)
The drainage of adjacent areas is not adversely
affected.
(c)
Soil erosion during or after development is
not increased over what naturally occurs.
(d)
Soil absorption and groundwater recharge capacity
of the area is not decreased below that which occurs under existing
conditions.
(e)
The natural drainage pattern of the area is
not significantly altered.
B.
Sanitary sewage disposal.
(1)
Provisions shall be made to convey sanitary waste
from each lot through laterals and interceptors of sufficient size,
material and capacity to collectors and then through trunk sewers
to public treatment facilities.
(2)
Sanitary sewage disposal shall be provided.
(3)
Where a public sanitary sewage disposal system is
not now reasonably accessible but may be within five years of date
of approval, the applicant shall be required to install within the
subdivision a complete sewer pipe system, including provisions for
the connection thereto at each structure. Until such time as the public
sanitary sewage disposal system is capable of becoming operable, individual
septic systems or other appropriate and approved waste treatment facilities
shall be required.
(4)
A sanitary waste disposal system shall include all
or part of the following: pipes and necessary appurtenances, such
as manholes, lampholes, pumping stations, drainage tiles, valves and
siphons.
C.
Water.
(1)
Provision shall be made to provide each lot with an
adequate and continuous supply of potable water.
(2)
Where a public water system is reasonably accessible,
individual wells shall not be installed for each lot.
(3)
In the event that such a system is not reasonably
accessible, individual wells shall be installed for each lot.
(4)
Where a public water system is not now reasonably
accessible but may be within five years of date of approval, the applicant
may be required to install within the subdivision a complete water
distribution system, including provisions for connection to each structure.
Until such time as the system is capable of becoming operable, individual
wells shall be installed.
(5)
A water system shall include all or part of the following:
pipes and necessary appurtenances of sufficient size, material and
capacity, pumps, valves, pumping stations, standpipes and fire hydrants.
Fire hydrants shall be a design and type approved by the Morris Township
Fire Department and be installed in accordance with said Department's
recommendation.
D.
Private utilities. Gaslines, telephone lines, electrical
service, cable television and similar utilities shall consist of those
improvements required by the applicable utility or federal or state
law.
E.
Vehicular and pedestrian improvements. Such improvements
shall include all or part of the following: street paving, curbs,
gutters, concrete sidewalks where required by the Planning Board as
a condition of preliminary approval, concrete driveway aprons, streetlighting,
traffic control devices and guardrails and other street improvements.
(2)
Street signs. The design and location of all street
signs shall be approved by the Planning Board.
(3)
Sidewalks. Sidewalks, where required, shall be a minimum
of four feet in width.
(4)
Traffic signs and control devices. These improvements,
such as stop, yield and one-way signs, etc., shall be designed and
installed in accordance with applicable federal, state and county
regulations. Recommendation as to their installation shall be made
by the Police Department or other competent agency.
(5)
Guardrails. These shall be designed to prevent cars
from leaving the road. They shall be installed where danger exists
to the traveling public due to steep topography, narrow roadways,
location of drainage ditches or other similar conditions.
F.
Natural improvements.
(1)
These improvements shall include all or some of the
following: landscaping, shade trees, topsoil, earth removal, borrow
and fill improvements to prevent erosion and landslides and improvements
to prevent damage to adjacent property, or other improvements as may
be required by the Planning Board.
(2)
Not fewer than two shade trees shall be provided on
each lot, located in accordance with Township of Morris specifications.
New trees, where required, shall be nursery-grown stock, balled and
burlapped, and having not less than a two-inch caliper measured one
foot from the root system, planted and double staked. Trees shall
be of a species approved by the Planning Board for use as a shade
tree.
G.
Monuments. All lots shall require monuments of such
size and shape as required by N.J.S.A. 46:26B-3, as the same may be
amended and supplemented, and shall be placed in accordance with said
statute. When any subdivision overlaps the boundary between the Township
of Morris and any other municipality, then and in that event said
boundary line shall be monumented in accordance with the direction
of the Township Engineer.[1]
H.
As-built plans. After completion of all public improvements,
the applicant or his successor in interest shall cause as-built plans,
certified by a licensed land surveyor, to be prepared and submitted
on a stable, reproducible media to the Township Engineer.
A.
Performance guaranty required. No final plat shall
be approved by the Planning Board until the completion of all such
required improvements has been certified in writing to the Planning
Board by the Township Engineer, unless the applicant shall have filed
with the Township Committee a development agreement covering all required
improvements and supported by a performance guaranty in the amount
of 120% of the costs of such improvements or incomplete portions thereof
as estimated by the Township Engineer and approved by the Township
Committee and assuring the installation of such incomplete improvements
on or before an agreed date in accordance with the time set forth
in the developer's agreement.
B.
Types of performance guaranties. The applicant may
select any one of the following types of performance guaranties:
[Amended 4-9-1980 by Ord. No. 15-80]
(1)
At least 10% of the performance guaranty in the form
of cash to be deposited with the Township of Morris and the remainder
in the form of a performance bond or an irrevocable, unconditional
letter of credit or any combination thereof.
(2)
In lieu of cash, at least 30% of the performance guaranty
shall be in the form of an unconditional, irrevocable letter of credit
and the remainder in the form of a performance bond, or the entire
amount of the performance guaranty may be in the form of an irrevocable,
unconditional letter of credit.
C.
Form and time of performance guaranty. All performance
guaranties shall run for a term not to exceed the time set for the
completion of the improvements in the developer's agreement and:
[Amended 4-9-1980 by Ord. No. 15-80]
(1)
If cash, such cash shall be deposited to the credit
of the Township of Morris, and interest shall inure thereon to the
benefit of the applicant, except as hereinafter set forth.
(2)
If by performance bond, such bond shall be issued
by a bonding or surety company authorized to do business in the State
of New Jersey and approved by the Township Committee.
(3)
If by letter of credit, such letter of credit shall
be an irrevocable, unconditional letter of credit, issued by a bank
or trust company authorized to do business in the State of New Jersey,
approved by the Township Committee, and such letter of credit shall
be unconditional so that the same may be drawn upon by the Township
Committee at any time, shall be for a period of at least two years
and shall be automatically renewable for additional periods of two
years, unless and until the Township has certified that the required
improvements have been completed by the applicant, as set forth in
the developer's agreement. In addition thereto, the applicant shall
attach to said letter of credit a statement, under oath, that the
applicant shall not under any circumstances protest with the bank
or trust company the drawing on such letter of credit by the Township
of Morris.
(4)
All cash and other types of guaranty approved by the
Township Committee shall be held by the Township of Morris until all
improvements are completed and accepted by the Township of Morris,
and if required by the Township of Morris in order to complete such
required improvements, any interest earned on any types of guaranty
shall inure to the benefit of the Township if required to complete
such improvements.
D.
Township completion. If the required improvements
have not been installed in accordance with the required standards
and specifications of the Township within the time limit as provided
for in the developer's agreement and the requirements of the performance
guaranties, the obligor and surety shall be liable thereon to the
Township for all reasonable costs of the improvements not installed,
and upon receipt of the proceeds thereof, the Township shall install
such improvements and/or the Township may use such portions of said
performance guaranties as have been deposited in cash with the Township
of Morris to assure the completion of said improvements in accordance
with the terms of this chapter and any applicable agreement.
E.
Items required prior to acceptance of performance
guaranty by the Township Committee. The following items shall be submitted
to the Township Committee before acceptance of any performance guaranty:
[Amended 4-9-1980 by Ord. No. 15-80]
(1)
A letter from the Township Engineer stating that the
proposed guaranty covers all the items required by the Planning Board.
(2)
A list of the items to be covered and the total cost
thereof.
(3)
Approval by the Township Attorney of the guaranty
as to form.
(4)
A letter from the Township Engineer stating that all
plans and specifications meet all applicable Township ordinances.
(5)
After approval and acceptance of the guaranty by the
Township Committee, a letter stating that fact shall be sent to the
Planning Board before the Chairperson and Secretary of the Planning
Board sign the final plats for filing with the County Clerk.
(6)
Deeds, free and clear of all encumbrances, for all
streets, public easements, drainage easements, other lands dedicated
to public use and any improvements to be dedicated or deeded to the
Township or other public agency.
F.
Items required by the Township Committee before releasing
the performance guaranty or any part thereof. The procedure established
in N.J.S.A. 40:55D-53 shall govern the release of performance guaranties.
Before releasing any guaranties or portions thereof, the following
items shall be submitted to the Township Committee:
[Amended 4-9-1980 by Ord. No. 15-80]
(1)
An as-built plan and profiles of all utilities and
roads with a certificate as to the actual construction, the same to
be approved by the Township Engineer. One copy of each shall be sent
to the Township Clerk, and one copy on a stable, reproducible media
shall be sent to the Township Engineer.
(2)
A statement or affidavit from the applicant that there
are no liens or other legal encumbrances on any of the improvements
or utilities proposed to be deeded to the Township of Morris.
(3)
A statement from the Township Engineer that all utilities
and improvements required by the Planning Board have been installed
and completed in accordance with applicable Township ordinances.
(4)
A fifteen-percent maintenance bond.
All improvements required by the Planning Board
shall, before being accepted by the Township, be covered by a maintenance
bond running in favor of the Township of Morris in the amount of 15%
of the estimated cost of the improvements as estimated by the Township
Engineer. Said maintenance bond shall run for a period of two years,
and said maintenance bond shall provide for the proper repair and/or
replacement of any such improvements during said period of two years.
The two-year period shall be from the date of the acceptance of the
same by the Township, and no performance guaranty shall be released
by the Township until such time as the maintenance bond herein required
has been posted with the Township. In the event that an applicant
has completed all of the improvements prior to the granting of final
approval by the Planning Board of the final plat of any such subdivision,
then the above maintenance bond shall be posted before the final approval
of the final plat by the Planning Board.
A.
The Township Committee shall not accept any road or other improvement into the municipal road system until the maintenance bond has been posted and all deficiencies are repaired and the same complies with Chapter 439, Article I, Construction and Acceptance of Roads and Public Improvements, of this Code.
B.
The Township may, however, undertake to remove snow
from the roads and perform other municipal services as may be required
after homes have been occupied prior to final acceptance, if the applicant
presents a written request to the Township Committee, agreeing in
said request to the Township Committee to hold the Township harmless
for any damage to the road or other improvements, or both, caused
by said snow removal or other activity of the Township performed in
accordance with such request, and if the applicant maintains said
improvements in such condition as to preclude damage, or the potential
therefor, to the municipal vehicles and equipment performing said
services.
A.
Any subdivision requiring off-site or off-tract improvements,
as defined herein, shall comply with the provisions of this section.
B.
An off-site or off-tract improvement shall be required
where either the existing facilities serving the geographic service
area of a specific improvement are already operating at a deficient
level of service or the inclusion of a new development will make such
present level of service deficient according to engineering standards
utilized in determining such levels of service.
C.
The proportionate contribution of any such off-site
or off-tract improvement to the applicant shall be reasonably related
to the relative benefit or use of the total area so served.
D.
Under the conditions of this chapter, off-site or
off-tract improvements shall be limited to new or improved water distribution,
sanitary sewage disposal distribution and stormwater and drainage
distribution facilities and all necessary appurtenances thereto, and
to new or improved street and right-of-way widths, traffic regulation
and control devices, intersection improvements, utility relocation
where not provided elsewhere and other traffic, circulation and safety
factors which are directly related to the property or properties in
question.
E.
Planning Board determination.
(1)
Each subdivision requiring Planning Board approval
shall be subject to a determination by the Board of the following:
(a)
That certain off-site or off-tract improvements
are necessary to implement such subdivision.
(b)
In such instances where off-site or off-tract
improvements are required, the terms and conditions which shall be
imposed upon the applicant to ensure the successful and reasonable
implementation of the same.
(2)
The Planning Board, in its deliberation as to whether
off-site or off-tract improvements are required, shall be guided by
the rules and regulations of this chapter, the Official Map, the Township
Master Plan and the County Master Plan. The Planning Board may also
be guided by counsel from the Planning Board Attorney, Engineer, Planning
Consultant and other qualified experts and municipal officials relative
to the subject matter.
(3)
In the event that the Planning Board determines that
one or more improvements constitute an off-site or off-tract improvement,
the Planning Board, by resolution, shall notify the Township Committee
of the same, specifying the Board's recommendation relative to the
estimated cost of the same, the applicant's pro rata share of the
cost and possible methods or means of implementing the same, including
but not limited to performance and maintenance guaranties, cash contributions,
development agreements and other forms of surety.
(4)
The Planning Board shall not grant final approval
on a subdivision until all aspects of such conditions have been mutually
agreed to by both the applicant and the Township Committee of the
Township of Morris and a written resolution to that effect by the
Township Committee has been transmitted to the Planning Board.
F.
Methods of implementation.
(1)
Where a performance or maintenance guaranty or other
surety is required in connection with an off-site or off-tract improvement,
the applicant shall be required to follow the same procedure and requirements
as specified for on-site improvements.
(2)
Where a development agreement is required, governing
off-site or 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 Township Attorney.
Said agreement may specify the amount of any cash contributions, if
any, the method of payment of the same, the relative timing of such
payment and the obligation or obligations to be undertaken by the
Township of Morris.
(3)
Cash contributions for off-site or off-tract improvements
shall not be required under the following terms or conditions:
(a)
Where other county or state agencies have jurisdiction
over the subject improvement and require a cash contribution, guaranty
or other surety of the applicant in lieu of such conditions imposed
by the Township of Morris.
(b)
Where a benefit assessment or other similar
tax levy is imposed upon the applicant for the off-site or off-tract
improvements provided.
(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 Morris.
(4)
Method of payment of cash contributions.
(a)
Where a cash contribution is required by this
chapter, said contribution will be deposited with the Treasurer of
the Township of Morris with a copy of the applicant's transmittal
letter forwarded to the Township Committee, the Township Engineer
and the Planning Board.
(b)
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 shall be returned to the applicant, provided that the conditions specified in Subsection F(3) hereof have not been imposed. Where such condition does exist, funds held in escrow will be returned as soon as practicable to the applicant.
G.
Pro rata formula in determining applicant's share
of off-site or off-tract improvements. Where an off-site or off-tract
improvement is required, the following criteria shall be utilized
in determining the proportionate share of such improvement to the
applicant:
(1)
For street widening, alignment, corrections, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elsewhere, the construction of new streets and other similar
street or traffic improvements, the applicant's proportionate cost
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)
For 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)
For 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 from 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 minute to the sum of the present peak flow deficiency
in the existing system or subsystem and the estimated peak flow rate
of 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)
For stormwater and drainage improvements, including
the installation, relocation or replacement of transmission lines,
culverts, or 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.