Borough of Essex Fells, NJ
Essex County
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Table of Contents
Table of Contents
All standards and specifications of the Borough as now or hereafter adopted, if any, shall govern the design, construction and installation of all improvements required. Failure of the developer, his contractor or agent to conform to the specifications shall be just cause for the suspension of the work being performed. No developer shall have the right to demand or claim damages from the Borough, its officers, agents or servants by reason of said suspension.
In the event the Borough has not adopted standards for a specific type of improvement, then generally accepted engineering standards as set forth in current engineering and construction manuals, as may be approved and modified by the Borough Engineer for a specific situation, shall be used.
All construction stakes and grades shall be set by a licensed land surveyor. One copy of all cut sheets shall be filed with the Borough Engineer prior to the commencement of any construction.
The applicant shall advise the Borough Engineer 48 hours prior to the commencement of the construction or installation of any improvements. No underground installation shall be covered until inspected and approved by the appropriate official.
If, during installation of any of the required improvement, the developer fails to meet specification requirements or to correct unacceptable work, the developer shall be notified in writing by certified mail that the developer has failed to comply with specifications or to correct unacceptable work, and the notice shall set forth in detail what has not been properly installed.
If, within 10 days after mailing, the developer has failed to perform in accordance with the notice, the Borough shall then cause a stop-work order to be served upon the developer and a copy shall be sent to the governing body and the Planning Board. All work shall cease until the Construction Official is satisfied that all specifications are adhered to or the unacceptable work is corrected.
During construction, the site shall be maintained and left each day in a safe, clean and orderly manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the developer upon an order by the Construction Official or other authorized personnel.
All stumps, litter, rubbish, brush, weeds, dead and dying trees, roots, debris, and excess or scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Construction Official prior to issuing an occupancy permit. No such refuse shall be buried on the site.
No earth or topsoil shall be removed or used as soil except as provided by Chapter 228 of this Code. Retained topsoil shall be put aside and redistributed over the entire site after construction has been completed.
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 plan.
Minimal changes in elevation or contours necessitated by field conditions may be made only after approval by the Borough Engineer. All changes shall be shown on the final plan and indicated as a change from the preliminary, or if final approval has been granted, all changes shall be shown on the as-built plans.
[Amended 10-15-1991 by Ord. No. 91-589; 11-17-1992 by Ord. No. 92-604]
During construction, the following conditions shall apply to all construction-related equipment, trailers and material:
At the end of each day, construction equipment and materials shall be located as close to the center of the site as possible and parked (in the case of equipment) and stored (in the case of materials) in a safe and orderly manner.
Construction trailers shall be located a minimum of 25 feet from any side or rear lot line and a minimum of 50 feet from the right-of-way line.
Construction equipment and materials, including construction trailers, shall be removed by the builder 30 days after active construction has been completed or after the last certificate of occupancy has been granted.
[Amended 10-15-1991 by Ord. No. 91-589]
All construction shall be completed within two years from the issuance of the building permit. The governing body may extend this period upon application by the owner for economic conditions, extenuating circumstances, and circumstances beyond the control of the owner.
Prior to the granting of final approval, the applicant shall have installed or constructed improvements required by the Board or have posted a performance guarantee or surety sufficient to cover the costs of the improvements. The 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, county, state or other governmental agencies may be required by the Board as a condition of final approval. It is recognized, however, that in certain situations all of the improvements listed below may not be appropriate or needed. These items may then be waived by the Board.
The specific improvements to be constructed or installed shall be as follows:
Stormwater: on-site stormwater disposal systems.
Sewage disposal. Provisions shall be made to convey effluent from each lot through laterals and interceptors of adequate size, material and capacity to collectors and then to trunk sewers to public treatment facilities.
Water. Provision shall be made to provide each lot with an adequate and continuous supply of potable water.
Utilities. Gas lines, telephone lines, electrical service, cable television, and similar utilities shall consist of those improvements required by the applicable utility or federal or state law.
Vehicular and pedestrian improvements. Such improvements shall include paving, curbs, gutters, sidewalks, bicycle paths, driveways, lighting, traffic signs, traffic control devices, and guardrails.
Other improvements. These improvements shall include but are not limited to the following: shade trees, topsoil, earth removal, borrow and fill, improvements to prevent erosion and landslides, improvements to prevent damage to adjacent property, to protect vistas and existing natural growth.
Monuments. Monuments shall be of such size, shape and location as required by the Map Filing Law.[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
Temporary improvements. During construction, the Borough 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 hazard. These conditions may result from erosion and landslide, flooding, heavy construction traffic, creation of steep grades and pollution. Improvements may include grading, plantings, retaining walls, culverts, pipes, guardrails, temporary roads, and others appropriate to the specific condition.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Prior to the final approval of all applications for development hereafter submitted, the Board may require, in accordance with the standards adopted by this article, the installation, or the furnishing of a performance guarantee in lieu thereof, of any or all of the following off-site and off-tract improvements it may deem to be reasonably related to the public health, safety and general welfare: street improvements, including sidewalks and drainage improvements, water, sewerage, drainage and electric facilities, and such other off-site and off-tract improvements shall include but not be limited to installation of new improvements and extensions and modifications of the existing improvements in accord with circulation and comprehensive utility service plans as well as the acquisition of any land which may be required. Upon the recommendation of the Board as to those off-site and off-tract improvements necessary, the Mayor and governing body shall determine, in the case of each off-site or off-tract improvement, whether such improvement is to be:
Constructed by the Borough as a general improvement.
Constructed by the Borough as a local improvement.
Constructed by the developer with a formula providing for partial reimbursement by the Borough if the improvement benefits properties other than the subject property.
The allocation of costs for any off-site or off-tract improvement shall be determined and apportioned in accordance with the following standards:
The Board shall estimate, with the assistance of the Borough Engineer and such other persons having pertinent information or expertise, the cost of the improvements and the amount by which all properties to be served thereby, including the subject property, will be specially benefited therefrom.
Upon estimating the cost of the improvement as provided in Subsection A of this section, the Board may require that the applicant provide, as a condition for approval of the application, a bond satisfactory to the Borough Attorney or a cash deposit in lieu thereof to ensure payment to the municipality, in one of the following amounts:
If the improvement is to be constructed by the Borough as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount by which all properties to be serviced thereby, including the subject property, will be specially benefited by the improvement.
If the improvement is to be constructed by the Borough as a local improvement, then, in addition to the amount referred to in Subsection B(1) of this section, the estimated amount by which the subject property will be specially benefited by the improvement.
If the improvement is to be constructed by the applicant, an amount equal to the estimated cost of the improvement; provided, however, that if the improvement benefits properties other than the subject property, the Borough shall reimburse the applicant for all sums not attributable to the subject property; provided, further, that, in computing the sums, the applicant shall not be reimbursed with the amount by which the subject property was specially benefitted.
If the improvement is constructed by the Borough, the actual cost shall be established and the applicant shall be required to pay only his appropriate share of the cost as established by Subsection B of this section.
If the improvement is constructed as a local improvement, as provided by Subsection B of this section, and the applicant disputes the determination of the special benefit received by the subject property by reason of the improvement, its remedy shall be the appeal procedure set forth in N.J.S.A. 40:56-54 and 40:56-55.
In determining to what degree properties not part of the application for development have been specially benefited and to what degree the need for the off-site and off-tract improvement was created by the proposed development, the Board may consider the following:
Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase of traffic generated by the development. In determining such traffic increase, the Planning Board may consider traffic patterns, quality of roads and sidewalks in the area, and other factors related to the need created by the development and anticipated benefit thereto.
Drainage facilities may be based upon the percentage relationship between the subject property acreage and the total acreage of the drainage basins involved.
Sewerage facilities may be based upon the properties that the project's total anticipated volume of sewage effluent bears to the existing capacity of existing and projected sewage disposal facilities, including but not limited to lines and other appurtenances leading to and serving the development. The Board may also consider types of effluent and particular problems requiring special equipment or added costs for treatment and all such requirements in accordance with the rules and regulations of the sewage treating facility or entity.
All moneys received by the municipality in accordance with the provisions of this section shall be paid to the Borough Treasurer, who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose. If the improvements are not initiated within 10 years from the date of payment, the funds shall be transferred to the capital improvements fund of the Borough.