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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
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:
A.
Stormwater: on-site stormwater disposal systems.
B.
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.
C.
Water. Provision shall be made to provide each lot
with an adequate and continuous supply of potable water.
D.
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.
E.
Vehicular and pedestrian improvements. Such improvements
shall include paving, curbs, gutters, sidewalks, bicycle paths, driveways,
lighting, traffic signs, traffic control devices, and guardrails.
F.
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.
H.
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.
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:
The allocation of costs for any off-site or
off-tract improvement shall be determined and apportioned in accordance
with the following standards:
A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
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.
C.
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.
D.
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:
A.
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.
B.
Drainage facilities may be based upon the percentage
relationship between the subject property acreage and the total acreage
of the drainage basins involved.
C.
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.
